HomeMy WebLinkAbout2021-109 - Adopting a Memorandum of Understanding 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 and the Associated SaRESOLUTION NO. 2021-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
MEMORANDA OF UNDERSTANDING BETWEEN THE
CITY OF NEWPORT BEACH AND 1) THE NEWPORT
BEACH CITY EMPLOYEES ASSOCIATION AND 2) THE
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION AND AMENDING THE
SALARY SCHEDULES
WHEREAS, the City Council of the City of Newport Beach ("City Council")
previously adopted Resolution No. 2001-50, the "Employer -Employee Relations
Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government
Code 3500, et seq.;
WHEREAS, the City of Newport Beach ("City") promotes effective communication
and collaborative working relationships with its employee associations to foster improved
relations while balancing good management practices;
WHEREAS, the City previously entered into Memoranda of Understanding with
the Newport Beach City Employees Association ("CEA") and with the Newport Beach
Professional and Technical Employees Association ("ProfTech"), both of which are
recognized employee organizations, for the term of January 1, 2019 through December
31, 2021;
WHEREAS, representatives from the City, CEA and ProfTech met and conferred
in good faith and reached tentative agreements on wages, benefits and other terms and
conditions of employment, which are memorialized in the Memoranda of Understanding
between the City and CEA and the City and ProfTech, attached hereto as Exhibit A and
Exhibit B respectively, and incorporated herein by this reference;
WHEREAS, CEA and ProfTech ratified their respective Memoranda of
Understanding on October 5, 2021;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each class or position;
Resolution No. 2021-109
Page 2of3
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for CEA and ProfTech unit members provided in this resolution and recommends
approval;
WHEREAS, the City Council received and considered the Memoranda of
Understanding at its regular meeting on October 26, 2021;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedules for CEA and ProfTech unit members so as to be in conformance with
the Memoranda of Understanding; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2019-2021 memoranda of understanding between the City and CEA and ProfTech by
adopting the Memoranda of Understanding attached hereto as Exhibit A and Exhibit B to
serve as the successor agreements between the City and CEA and the City and ProfTech
for the period January 1, 2022 through December 31, 2025.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memoranda of
Understanding that are attached hereto and incorporated herein as Exhibits A and B.
Wages, hours, fringe benefits, and other terms and conditions of employment for
employees represented by CEA and ProfTech shall be provided in accordance with the
provisions of the Memoranda of Understanding, attached hereto as Exhibits A and B,
which shall serve as the successor agreements between the City and CEA and the City
and ProfTech for the period January 1, 2022 through December 31, 2025.
Section 2: The Memoranda of Understanding shall be effective from the dates
of January 1, 2022 through December 31, 2025.
Section 3: The City's salary schedule shall be modified to be consistent with this
resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no
effect.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2021-109
Page 3 of 3
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED 16th day of November 2021.
ATTESJ: �re�
A
Leilani I. Brown
City Clerk
F
APPROVED AS TO FORM:
CITY ATTORNEY'S FFICE
A'N.r- C�
Aar n C. Harp
City Attorney
Exhibit A - Memorandum of Understanding between the City and the Newport Beach
City Employees Association
Exhibit B — Memorandum of Understanding between the City and the Professional and
Technical Employees Association
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
CITY EMPLOYEES
ASSOCIATION
January 1, 2022 through December 31, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
January 1, 2022 — December 31, 2025
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition..................................................................................................................... 1
Durationof Memorandum................................................................................................ 1
ReleaseTime.................................................................................................................. 2
Scope.............................................................................................................................. 2
Employee Data and Access............................................................................................ 3
Conclusiveness..............................................................................................................3
Modifications................................................................................................................... 4
AssociationDues.............................................................................................................4
Section 2. Compensation
Salary............................................................................................................................4
Overtime..........................................................................................................................
5
StandbyDuty...................................................................................................................
5
CallbackDuty ..................................................................................................................
6
Accumulation of Compensatory Time Off........................................................................
6
ShiftDifferential...............................................................................................................
6
Incentive Shift for Library Members.................................................................................
7
CourtTime......................................................................................................................
7
CertificatePay.................................................................................................................
7
ActingPay.......................................................................................................................
7
BilingualPay...................................................................................................................
8
Section 3. Leaves
FlexLeave....................................................................................................................... 8
HolidayLeave................................................................................................................ 9
Bereavement Leave...................................................................................................... 10
LeaveSellback.............................................................................................................. 10
Section 4. Frinae Benefits
Insurance......................................................................................................................
11
Additional Insurance Programs.....................................................................................
12
Employee Assistance Program.....................................................................................
13
RetirementBenefit.........................................................................................................
13
LIUNA Supplemental Pension.......................................................................................
15
RetireeMedical Benefit.................................................................................................
15
TuitionReimbursement.................................................................................................
19
DeferredCompensation................................................................................................
19
Section 5. Miscellaneous Provisions
Reduction in Force/Layoffs............................................................................................
20
Recruitment and Selection............................................................................................
22
9/80 Scheduling Plan....................................................................................................
23
LaborManagement Committee.....................................................................................
23
Discipline — Notice of Intent...........................................................................................
23
GrievanceProcedure....................................................................................................
23
Probation.......................................................................................................................
25
Salary on Reclassification.............................................................................................
25
Uniformsand Safety Equipment....................................................................................
25
ServiceAwards.............................................................................................................
26
DirectDeposit................................................................................................................
26
Telecommuting Program...............................................................................................
26
Separability ........................26
EXHIBIT A: Represented Job Classifications and Pay Rates .......................................
28
EXHIBIT B: Approved Certificates.................................................................................
32
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, 2022 through December 31, 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, 2022. This MOU shall remain in full force and effect until
December 31, 2025, and the provisions of this MOU shall continue after the date
of expiration of this MOU in the event the parties are meeting and conferring on a
successor MOU.
2
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, 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 workplace.
4. Each January, the City will examine the number of Release Time hours the
Association used the preceding year. If the Association used more 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 its inherent exclusive and
non—exclusive managerial rights, powers, functions and authorities ("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;
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
3
(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
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.
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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
4
As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall
determine the way 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:
Effective the pay period that includes January 1, 2022, base salaries will be increased by
one percent (1.0%) for all represented classifications.
Effective the pay period that includes January 1, 2023, base salaries will be increased by
one and one-half percent (1.5%) for all represented classifications.
Effective the pay period that includes January 1, 2024, 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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
5
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 — 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
40 hours 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 the employee's workstation; and
d. to refrain from activities which might impair the employee's ability to perform
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
C.
their assigned duties.
2. Compensation
Standby duty shall be compensated at the rate of one hour of overtime compensation
for each eight hours of such duty. Standby duty on holidays shall be compensated at
the rate of two hours of overtime compensation for each eight 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 period of
time the employee is actually working.
D. Callback Duty
1. Defined
Call-back duty requires the employee to respond to a request to return to their
workstation after the normal work shift has been completed and the employee has left
their normal workstation. Those periods of overtime which are scheduled by the
Department Director prior to the end of the normal work shift are not considered
callback duty.
2. Compensation
All employees shall receive a minimum of two hours pay. If an employee works more
than two hours, said employee 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 for each hour of overtime worked. An employee may only eam CTO if
requested and then approved by the employee's supervisor. Callback time may be
converted to CTO with supervisor approval.
Employees may accumulate up to 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.
F. Shift Differential
Unit members who are regularly assigned a work schedule that ends beyond 6.00 p.m.
shall receive a shift differential pay 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.
The parties agree that to the extent permitted by law, the City shall report to the California
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
7
Public Employees' Retirement System (CaIPERS) shift differential pay as Special
Assignment Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or Section 571.1 (b)(3)
Shift Differential.
G. Incentive Shift for Library Members
For NBCEA members assigned to the Library Services Department, the Sunday work
shift will be considered an "incentive" shift. Unit members who work a regularly scheduled
shift of five hours on a Sunday will report their actual hours worked on their time sheet
plus three hours of incentive pay at the hourly base rate.
H. Court Time
Employees who are required to appear in 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.
1. Certificate Pay
Effective January 1, 2013, the certificate pay 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 shall be eligible. Effective 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 Pay 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 certificate pays as Educational
Pay pursuant to Title 2 CCR, Section 571(a)(2) and/or 571.1(b)(2).
J. Acting Pay
NBCEA employees are 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 an 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 CaIPERS. The employee must be performing 100% of the
duties in the higher classification for temporary upgrade pay to be reportable.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
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K. Bilingual Pay
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, employees in positions that require additional languages as part of their normal
duties shall be eligible to receive One Hundred Fifty ($150.00) dollars per month (paid
each pay period) in bilingual pay. The certification process will confirm the employee is
fluent at the street conversational level in speaking, reading and/or writing Spanish.
Employees certified shall receive bilingual pay the first full pay period following
certification.
Additional languages may be certified for compensation pursuant to this section by the
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) bilingual pay as Special Assignment
Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or 571.1(b)(3) Bilingual Premium.
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.
All unit members shall accrue flex leave at the following hourly rates:
Years of ContinuousI Hrs. Accrued Per I Annual Hours I Max Allowable
Service Pay Period 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 above upon completion of three (3) months of continuous employment with the
City, provided however, this amount shall be reduced by any flex leave time advanced
during the first three (3) months of employment.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
1. Limit on Accumulation
Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of
the maximum allowable 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
allowable balance.
Employees first hired or rehired by the City subsequent to July 1, 1996 are not eligible
for flex leave spillover pay and are not entitled to accrue flex leave in excess of the
flex leave maximum 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 in % hour increments.
B. Holiday Leave
The following days shall be observed as paid holidays (i.e., employees shall have the day
off with pay). With the exception of the "floating holiday" (where the employee chooses
the day off), employees who are required to work on the holiday will receive their pay for
the holiday and either pay or flex leave for the number of hours worked on the holiday.
New Year's Day
January 1
Martin Luther King Day
Januaty— 3'd Monday
Washington's Birthday
February — 3rd Monday
Memorial Day
May — Last Monday
Floating Holiday*
July 1
Independence Day
July 4
Labor Day
September — 15r Monday
Veterans Day
November 19
Thanksgiving Day
November — 4th Thursday
Friday After Thanksgiving
November — 4th Friday
Christmas Eve
December 24 last % of workday)
Christmas Day
December 25
New Year's Eve
December 31 last % of workday)
Holidays are paid based on the employee's regular workday 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 nine hours
of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
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on a day that the employee is regularly scheduled to work eight hours, the employee is
eligible to receive eight hours of holiday pay.
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).
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 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 of an immediate family member."
Unit members shall be entitled to 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, however they should 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 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 or federal law. A member requesting
bereavement leave shall notify their supervisor as soon as possible of the need to take
leave.
D. Leave Sellback
Employees 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%.
Employees shall have the option of converting accrued flex leave to cash on an hour for
hour basis subject to the following: On or before the pay period which includes December
15 of each calendar year, an employee may make an irrevocable election to cash out
accrued flex leave which will be earned in the following calendar year. The employee can
elect to receive the cash out in the pay period which includes June 30 and/or the pay
period which includes December 15 for those flex leave benefits that have been earned
during that portion of the year. In no event shall the flex leave balance be reduced below
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
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160 hours.
In addition to the above, 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 cashed 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 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.
The City's contribution towards the Cafeteria Plan is One Thousand, Seven Hundred
Twenty -Five Dollars ($1,725), plus the minimum CalPERS 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
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
12
agreement releasing the City from any responsibility or liability to provide medical
insurance coverage on an annual basis.
Employees hired prior to 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) 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 March 16, 2019 who elect to opt out of medical coverage
offered by the City because they have provided proof of MEC through another source
(other than coverage in the individual market, whether or not obtained through
Covered California) shall receive Five Hundred Dollars ($500) 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 state 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. Additionally, should state or 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
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
13
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. 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:
oral -Term Disab
Term Disabdity
[Benefit Amount 6.67% of covered wa es
% of covered wa es
ximum Benefit $1,846 week)
r6�6
0 month)itin
Period 30 calendar da s
lendar 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 the California Public Employees' Retirement System (CalPERS)
to provide retirement benefits for its employees. Pursuant to prior agreements and state
mandated reform, the City has implemented three different tiers of retirement benefits,
categorized as Tier 1, Tier 11 and Tier lll.
1 _ Retirement Formula
Tier 1: 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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
14
Tier /1: For employees first hired by the City between November 24 and December
31, 2012, or hired on or after January 1, 2013, and who are 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 months' salary.
Tier M: For employees first hired by the City on or after January 1, 2013, and who do
not meet the Tier // criteria because they are new members as defined by PEPRA, the
retirement formula shall be 2% @ 62 calculated on the average 36 highest months'
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
Ca/PERS 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 Government Code Section 20516(f).
Under a separate agreement and ratified via a contract amendment with CalPERS in
2008, Tier / employees shall contribute 2.42% compensation earnable (as cost
sharing) per Government Code section 20516(a).
Tier 1 Employees - shall contribute a total employee contribution of 13% as
follows: Tier I — 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 // 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 /// Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of
the "total normal cost". Tier III employees shall make an additional contribution
of pensionable compensation toward retirement pursuant to Government Code
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
15
Section 20516(f), such that the total employee contribution equals 13% of
pensionable compensation.
The City contracts with Ca/PERS 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 unit members agree 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 March 16, 2019, unit members agree to pick up the actual costs and
contributions 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 LIUNA Supplemental
Pension Fund or receiving benefits from the LIUNA Supplemental Pension Fund.
F. Retiree Medical Benefit
This is an Integral Part Trust (/PT) 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
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
16
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 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 is ongoing for an extended period. During the
transition, employees and (then) existing retirees were administratively classified into
different categories. The benefit is structured differently for each of the categories.
The categories are as follows:
a. Category 1 - Employees 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.
b. Category 2 - 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 less than 50.
c. Category 3 - 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 Association members are eligible 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 I" 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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
17
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 Account
at the time of separation.
3. Account Contributions
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 CaIPERS as
pensionable.
Part B contributions require a five year vesting period which begins when the
employee becomes eligible 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
including January 1. Part B contributions are not reported to CaIPERS as pensionable.
The parties agree that the City's Part B contributions during active employment
constitute the minimum CaIPERS participating employer's contribution (i.e., the
CaIPERS statutory minimum amount) towards medical insurance after retirement. The
parties also agree that, for retirees selecting a CaiPERS 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 CaiPERS 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 IeveL 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
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
18
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 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 cash outs. No
contributions are made to Category 2 participants after separation.
If a Category 2 participant retires from the City 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 3: 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
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
19
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
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.
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 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 Deposita Effective the first day of the pay period which includes January 1
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
20
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.
Matchinq 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 retroactivity.
Additional matching City contributions to Deferred Compensation Based on Years of
Service: In addition to the City contribution provided above, the City shall match
contributions to eligible unit members' deferred compensation accounts as follows.-
2023
ollows:
Service'
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 shall not owe the member any 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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
21
DEFINITIONS
"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
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 all City, state and/or federally protected
and authorized leaves but shall not include time spent on any 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 classifications)
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 Classification shall be laid off before regular
employees.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
22
2. Employees within a Classification shall be laid off in inverse order of Seniority.
3. An employee subject to Layoff in one Classification shall have the right to Bump a
less senior employee in a lower ranking Classification within a Series. An
employee who has Bumping rights shall notify the Department Director within three
(3) working days after notice of Layoff of their intention to exercise Bumping Rights.
4. In the event two or more employees in the same Classification are subject to Layoff
and have the same Seniority, the employees shall be laid off following the
Department Director's consideration of finalized performance evaluations.
NOTICE
Employees subject to Lay-off shall be given at least thirty (30) days advance notice of the
Layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid
for all accumulated paid leave and holiday leave (if any).
REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment list in reverse
order of Layoff. The re-employment list shall expire in eighteen (18) months. In the event
a vacant position occurs in the Classification which the employee occupied at the time of
Layoff, or a lower ranking Classification within a Series, the employee at the top of the
Department re-employment list shall have the right within seven (7) days of written notice
of appointment. Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee
at 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 their name from the re-employment list by
sending written confirmation to the Human Resources Director.
SEVERANCE
If an employee is Laid Off 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 up to ten (10) weeks of pay.
B. Recruitment 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).
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
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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
Unit members work either a 5/40 or 9/80 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.
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 is 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 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.
F. Grievance Procedure
Step 1: A grievance may be filed by any employee their 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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
24
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 arises. 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
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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
25
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.
(b) Promotional Probation
An employee on promotional probation may be failed at any time without right of
appeal or hearing 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 their promotional probation, the employee shall have the right
to return to their 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 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 theirformer 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
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
26
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.
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
copy of the policy governing this program will be attached as an addendum to this MOU.
M. Separabilitv
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 2022-2025
27
Executed this day of , 2021:
FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION:
Anne Doughty, President
FOR THE CITY OF NEWPORT BEACH
Brad Avery, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM
By: o+M-- c owe
Aaron C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025
28
Exhibit A
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.
HOURLY PAY RATE 1
MONTHLY PAY RATE 2
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 III
$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
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.
29
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.
2 Monthly pay rates are rounded to nearest whole dollar.
HOURLY PAY RATE 1
MONTHLY PAY RATE 2
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 III
$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
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.
2 Monthly pay rates are rounded to nearest whole dollar.
W
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, 2024
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
HOURLY PAY RATE 1
MONTHLY PAY RATE 2
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 11
$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 11
$22.95
$32.32
$3,978
$5,603
Library Clerk, Senior
$26.63
$37.46
$4,616
$6,493
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.
2 Monthly pay rates are rounded to nearest whole dollar.
31
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.
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 III
$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
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.
32
Exhibit B
CITY EMPLOYEES ASSOCIATION
List of Proposed Certifications for Pay
MOU Term: January 1, 2022 - December 31, 2025
CERTIFICATE
MONTHLY AMOUNT
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
Certified Revenue Officer Certificate removed upon adoption of the 2022-25 MOU.
Exhibit B
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
c �P
�/- 1 FO RN/
January 1, 2022 through December 31, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES
ASSOCIATION
January 1, 2022 — December 31, 2025
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition.....................................................................................................................
1
Durationof Memorandum................................................................................................
1
ReleaseTime..................................................................................................................
2
Scope..............................................................................................................................
2
EmployeeData and Access............................................................................................
3
Conclusiveness
Modifications...................................................................................................................
4
AssociationDues.............................................................................................................4
Section 2. Compensation
Salary............................................................................................................................4
Overtime..........................................................................................................................
5
WeekendStandby Duty...................................................................................................
5
CallbackDuty..................................................................................................................
6
Accumulation of Compensatory Time Off........................................................................
6
ShiftDifferential...............................................................................................................
6
Associate Civil Engineer and Junior Civil Engineer.........................................................
6
CourtTime......................................................................................................................
7
CertificatePay.................................................................................................................
7
ActingPay.......................................................................................................................
7
BilingualPay...................................................................................................................
7
AssignmentPay..............................................................................................................
8
Section 3. Leaves
FlexLeave.......................................................................................................................
8
HolidayLeave................................................................................................................
9
BereavementLeave......................................................................................................
10
LeaveSellback..............................................................................................................
10
Section 4. Fringe Benefits
Insurance..................................................
Additional Insurance Programs .................
Employee Assistance Program .................
Retirement Benefit .....................................
LIUNA Supplemental Pension ...................
Retiree Medical Benefit .............................
Tuition Reimbursement .............................
Deferred Compensation ............................
Section 5. Miscellaneous Provisions
................................................................... 11
................................................................... 12
................................................................... 13
................................................................... 13
................................................................... 15
................................................................... 15
................................................................... 19
................................................................... 19
Reductionin Force/Layoffs............................................................................................
20
Recruitmentand Selection............................................................................................
22
9/80 Scheduling Plan....................................................................................................
23
LaborManagement Committee.....................................................................................
23
GrievanceProcedure....................................................................................................
23
Probation.......................................................................................................................
24
Salaryon Reclassification.............................................................................................
25
DirectDeposit................................................................................................................
25
Uniforms........................................................................................................................
25
TelecommutingProgram...............................................................................................26
Separability...................................................................................................................
26
EXHIBIT A: Represented Job Classifications and Pay Rates ....................................... 28
EXHIBIT B: Approved Certificates................................................................................. 32
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:
PREAMBLE
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, 2022 through December 31, 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.
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, 2022. This MOU shall remain in full force and effect until
December 31, 2025, and the provisions of this MOU shall continue after the date
of expiration of this MOU in the event the parties are meeting and conferring on a
successor MOU.
2
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, 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 workplace.
4. Each January, the City will examine the number of Release Time hours the
Association used the preceding year. If the Association used more 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 its inherent exclusive and
non—exclusive managerial rights, powers, functions and authorities ("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;
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
3
(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 employees
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
such contact.
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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
4
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 way 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:
Effective the pay period that includes January 1, 2022, base salaries will be increased by
one percent (1.0%) for all represented classifications.
Effective the pay period that includes January 1, 2023, base salaries will be increased by
one and one-half percent (1.5%) for all represented classifications.
Effective the pay period that includes January 1, 2024, 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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
5
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 —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
40 hours 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. Weekend Standby Duty
Information Technology staff assigned 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 duty shall be assigned.
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1.1
D. Callback Duty
1. Defined
Callback duty requires the employee to respond to a request to return to their
workstation after the normal work shift has been completed and the employee has left
their normal 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
callback duty.
2. Compensation
All employees shall receive a minimum of two (2) hours pay. If an employee works
more than two (2) hours, they shall receive pay for actual hours worked.
E. Accumulation of Comoensatory 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 for each hour of overtime worked. An employee may only earn CTO if
requested and then approved by the employee's supervisor. Callback time may be
converted to CTO with supervisor approval.
Employees may accumulate up to 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.
F. Shift Differential
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. Overtime worked
as an extension of an assigned day shift shall not qualify an employee for shift differential.
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 pursuant to Title 2 CCR, Section 571(a)(4) and/or Section 571.1 (b)(3)
Shift Differential.
G. Associate Civil Engineer and Junior Civil Engineer
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.
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7
H. Court Time
Employees who are required to appear in 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.
I. Certificate Pay
Effective January 1, 2013, the certificate pay 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 shall be eligible. The complete list of eligible certificates and the
corresponding benefit is listed in Exhibit B. All other procedures associated with certificate
pay remain in effect, including a limitation of payment for a maximum of five certificates
per employee.
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).
J. Acting Pay
NBPTEA employees are 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 an 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 CaIPERS. The employee must be performing 100% of the
duties in the higher classification for temporary upgrade pay to be reportable.
K. Bilinqual Pay
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, employees in positions that require additional languages as part of their normal
duties shall be eligible to receive One Hundred Fifty ($150) dollars per month (paid each
pay period) in bilingual pay. The certification process will confirm the employee is fluent
at the street conversational level in speaking, reading and/or writing Spanish. Employees
certified shall receive bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section by the
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
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
Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or 571.1(b)(3) Bilingual Premium.
L. Assignment Pay
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.
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.
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.
Unit members shall accrue flex leave at the following hourly rates:
Years of ContinuousI Hrs. Accrued Per I Annual Hours I Max Allowable
Service Pav Period 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 above upon completion of three (3) months of continuous employment with the
City, provided however, this amount shall be reduced by any flex leave time advanced
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during the first three (3) months of employment. At the completion of three (3) months of
employment, three (3) months of accrued Flex leave will be placed in the employee's
account.
1. Limit on Accumulation
Members hired prior to July 1, 1996, shall be paid for earned flex leave in excess of
the maximum allowable 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
allowable balance.
Employees first hired or rehired by the City subsequent to July 1, 1996 are not eligible
for flex leave spillover pay and are not entitled to accrue flex leave in excess of the
flex leave maximum 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). With the exception of the "floating holiday" (where the employee chooses
the day off), employees who are required to work on the holiday will receive their pay for
the holiday and 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 — 3'd Monday
Memorial Day
May — Last Monday
Floating Holiday*
July 9
Independence Day
ul 4
Labor Day
September — 1St Monday
Veterans Day
November 1 ?
Thanksgiving Day
November— 4th Thursday
Friday After Thanksgiving
November— 4th Friday
Christmas Eve
December 24 last % of workday)
Christmas Day
December 25
New Year's Eve
December 31 last % of workday)
Holidays are paid based on the employee's regular workday schedule. For example, if an
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10
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 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
eligible to receive eight hours of holiday pay.
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).
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 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 of an immediate family member."
Unit members shall be entitled to 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, however they should 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 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 or federal law. A member requesting
bereavement leave shall notify their supervisor as soon as possible of the need to take
leave.
D. Leave Sellback
Employees 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%.
Employees shall have the option of converting accrued flex leave to cash on an hour for
hour basis subject to the following: On or before the pay period which includes December
15 of each calendar year, an employee may make an irrevocable election to cash out
accrued flex leave which will be earned in the following calendar year. The employee can
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
11
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 leave benefits that have been earned
during that portion of the year. In no event shall the flex leave balance be reduced below
160 hours.
In addition to the above, 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 cashed 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 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.
The City's contribution towards the Cafeteria Plan is One Thousand Seven Hundred
Twenty -Five Dollars ($1,725), plus the minimum CalPERS participating employer's
contribution.
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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 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) 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 March 16, 2019 who elect to opt out of medical coverage
offered by the City because they have provided proof of MEC through another source
(other than coverage in the individual market, whether or not obtained through
Covered California) shall receive Five Hundred Dollars ($500) 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 panties.
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 state 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. Additionally, should state or federal 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
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13
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. 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:
hort Term D'
Term Disab
LBenefit Amount 6.67% of covered wages
66.67% of covered wages
ximum Benefit 1,846 week)
15,000 month)
itin Period 0 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
1. The City contracts with California Public Employees Retirement System
(Ca/PERS) to provide retirement benefits for its employees. Pursuant to prior
agreements and state mandated reform, the City has implemented three different
tiers of retirement benefits, categorized as Tier 1, Tier 11 and Tier ///. Retirement
Formula
Tier 1: 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.
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Tier //: For employees first hired by the City between November 24 and December
31, 2012 or hired on or after January 1, 2013 and who are 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 months' salary.
Tier ///: For employees first hired by the City on or after January 1, 2013, and who do
not meet the Tier 11 criteria because they are new members as defined by PEPRA, the
retirement formula shall be 2% @ 62 calculated on the average 36 highest months'
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
Ca1PERS 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 Ca/PERS 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 Ca1PERS as contributions toward either the
Member or Employer rate, as provided under Government Code Section 20516(f).
Under a separate agreement, and ratified via a contract amendment with CalPERS in
2008, Tier I employees shall contribute 2.42% compensation earnable (as cost
sharing) per Government Code section 20516(a).
Tier / Employees - shall contribute a total employee contribution of 13% as
follows: Tier l — 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 // 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 /// Employees - The minimum statutory employee contribution for
employees in Tier III is subject to the provisions of PEPRA and equals 50% of
the "total normal cost". Tier /// 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
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15
pensionable compensation.
The City contracts with Ca1PERS 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 unit members agree 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 March 16, 2019, unit members agree to pick up the actual costs and
contributions 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 LIUNA Supplemental
Pension Fund or receiving benefits from the LIUNA Supplemental Pension Fund.
F. Retiree Medical Benefit
This is an Integral Part Trust (/PT) 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
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16
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 NBPTEA 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
different categories. The benefit is structured differently for each of the categories.
The categories are as follows:
b. Category 1 - Employees 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.
c. Category 2 - 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 less than 50.
d. Category 3 - 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. Eli ibili
All Association members are eligible 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 a City employee association
offering the RHS benefit) before vesting forfeit the City's Part 8 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 8
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 Account
at the time of separation.
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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 1521(1), or (c) any other individual who is a person described in /RC
Section 152(a). 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.
3. Account Contributions
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 CaIPERS as
pensionable.
Part B contributions require a five year vesting period which begins when the
employee becomes eligible 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
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 CaIPERS participating employer's contribution (i.e., the
CaiPERS statutory minimum amount) towards medical insurance after retirement. The
parties also agree that, for retirees selecting a CaIPERS 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 Ca1PERS 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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
18
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 (09/o) flex leave.
Nothing in this section restricts taking leave for time off purposes
4. Benefit
a. Category 9: 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 cash outs. No contributions
are made to Category 2 participants after separation.
If a Category 2 participant retires from the City 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
(980 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 CaIPERS
annuitant of the City of Newport Beach. No interest will be earned in the interim.
For 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 3: 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.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
19
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 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 CalPERS annuitant of the City.
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 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:
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
20
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 retroactivity.
Additional matching City contributions to Deferred Compensation Based on Years of
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 year and shall not owe
the member any 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.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
21
DEFINITIONS
"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 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 all City state and/or federally protected
and authorized leaves but shall not include time spent on any 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
classifications) 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:
Probationary employees within any Classification shall be laid off before
regular employees.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
22
2. Employees within a Classification shall be laid off in inverse order of Seniority.
3. An employee subject to Layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a Series.
An employee who has Bumping rights shall notify the Department Director
within three (3) working days after notice of Layoff of their intention to exercise
Bumping Rights.
4. In the event two or more employees in the same Classification are subject to
Layoff and have the same Seniority, the employees shall be laid off following
the Department Director's consideration of finalized performance evaluations.
NOTICE
Employees subject to Lay-off shall be given at least thirty (30) days advance notice
of the Layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave and holiday leave (if any).
REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment list in reverse
order of Layoff. The re-employment list shall expire in eighteen (18) months. In the event
a vacant position occurs in the Classification which the employee occupied at the time of
Layoff, or a lower ranking Classification within a Series, the employee at the top of the
Department re-employment list shall have the right within seven (7) days of written notice
of appointment. Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee
at 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 their name from the re-employment list by
sending written confirmation to the Human Resources Director.
SEVERANCE
If an employee is Laid Off 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 up to ten (10) weeks of pay.
B. Recruitment 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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
23
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
Unit members work either a 5/40 or 9/80 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 their own behalf, or jointly 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
presented within the time period shall be considered resolved.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
24
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
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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
25
(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.
(b) Promotional Probation
An employee on promotional probation may be failed at any time without right of
appeal or hearing 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 their promotional probation, the employee shall have the
right to return to their 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 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 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.
I. Uniforms
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
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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
26
may approve exceptions to wearing uniforms.
J. Teeecommutina 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.
K. 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 PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
27
Executed this day of , 2021:
FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION:
0
ATTEST:
Leilani Brown, City Clerk
Ryan Stadlman, President
FOR THE CITY OF NEWPORT BEACH
Brad Avery, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM.-
By:
ORM:
By:
Aaron C. Harp, City Attorney
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025
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
HOURLY PAY RATE' MONTHLY PAY RATE'
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 11
$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 III
$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 II
$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
Hourly pay rates are rounded to the nearest hundredth.
Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
28
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 rates are rounded to the nearest hundredth.
1 Monthly pay rates are rounded to nearest whole dollar.
EMP = Electrical Mechanical Plumbing
29
HOURLY PAY RATE'
MONTHLY PAY RATE'
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 11
$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 II
$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 II
$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.
1 Monthly pay rates are rounded to nearest whole dollar.
EMP = Electrical Mechanical Plumbing
29
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 rates are rounded to the nearest hundredth.
> Monthly pay rates are rounded to nearest whole dollar.
EMP = Electrical Mechanical Plumbing
30
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
$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 II
$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.
> Monthly pay rates are rounded to nearest whole dollar.
EMP = Electrical Mechanical Plumbing
30
Exhibit A
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
M 0 U Term: January 1, 2022 - December 31, 2025
2.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2025
Hourly pay rates are rounded to the nearest hundredth.
Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
31
HOURLY PAY RATE 1
MONTHLY PAY RATE 2
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 111
$37.82
$53.21
$6,555
$9,222
ITTechnician
$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 II
$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.
Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
31
32
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
$7S
ICC or CA Commercial Mechanical Inspector
Division, Code Enforcement, and Public Works
$75
California Access Specialist (CASP)
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
Examiner
$75
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 1/11/111
$85
Cisco Certified Network Associate (CCNA)
IT Specialist 1/11/III
$85
MS Certified Technology Specialist (MCTS)
IT Specialist 1/11/111
$75
MS Certified Systems Administrators (MCSA)
IT Specialist 1/I1/III
$85
MS Certified Systems Engineers (MCSE)
IT Specialist 1/11/ 111
$7S
MS Certified Professional (MCP)*
IT Specialist 1/11/111
$7S
CompTIA A+
IT Specialist 1/II/111
$75
CompTIA Network+
IT Specialist 1/11/111
$75
Virtual Infrastructure Professional (VIP) or
VMWare Certified Professional (VCP)
IT Specialist I/II/III
$7S
Land Surveyor in Training (LSIT)* or
Fundamental of Surveying (FS)*
IT Analyst
$75
33
Exhibit B
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
Public Works & Building Division
Building Inspector 1/11
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
PW Inspector 1/11
$1,000 1x Payment
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, 1/11
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, 1/11
PW Inspector, Senior
Civil Engineer, Associate
Traffic Engineer
Civil Engineer, Junior
$85
Civil Engineer, Senior (rev 2/29/08)
34
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
(lx) 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 (BAT[)
American Institute of Certified Planners (AICP)
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-109 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 16th day of November, 2021; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
NAYS: Mayor Pro Tem Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 171h day of November, 2021.
A&,
Leilani I. Brown
City Clerk
Newport Beach, California