HomeMy WebLinkAbout21 - Tentative Agreement with NBFAQ �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 30, 2021
Agenda Item No. 21
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director,
bsalvini@newportbeachca.gov
PHONE: 949-644-3259
TITLE: Tentative Agreement with Newport Beach Firefighters Association
ABSTRACT:
The Memoranda of Understanding (MOU) between the City of Newport Beach (City) and
the Newport Beach Firefighters Association (NBFA or Association) expires December 31,
2021. Representatives from the City and the NBFA began negotiating the terms and
conditions of a successor agreement in July 2021. After multiple meetings, a Tentative
Agreement (Agreement) has been reached. The Agreement addresses the negotiated
wages, benefits, and other terms and conditions of employment for employees
represented by the Association as required under the Meyers-Milias-Brown Act, California
Government Code §3500.
To promote greater transparency in the negotiations process, including the cost
associated with the labor contract, the Agreement with the NBFA is being presented at
this time for public review and comment. The complete Agreement, which spans the time
period from January 1, 2022 through December 31, 2025, will be presented again for City
Council adoption (or rejection) at the December 14, 2021 regular meeting.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly
or indirectly; and
b) Receive and consider the Tentative Agreement between the City of Newport
Beach and the Newport Beach Firefighters Association.
DISCUSSION:
The NBFA is an exclusively recognized bargaining unit and represents 118 employees,
including 112 safety members and six non -safety members.
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Tentative Agreement with Newport Beach Firefighters Association
November 30, 2021
Page 2
During negotiations, the parties discussed topics such as wage adjustments, leave time,
overtime, disability premiums, cafeteria allowance, and other noneconomic matters.
Significant provisions of the Agreement between the City and the NBFA include:
• Term of four years, from January 1, 2022 through December 31, 2025
• Wage adjustments
✓ January 2022 — 2.0%
✓ January 2023 — 2.0%
✓ January 2024 — 2.0%
✓ January 2025 — 2.0%
• City -paid short-term and long-term disability benefits
• Modifications to the cafeteria allowance structure and new member medical opt -
out
• Additional City contribution of $200 per month to the employee medical cafeteria
allowance if certain criteria are met during the term of the agreement.
• Upon City Council adoption, one-time signing bonus of $2,000 for currently active
unit members
A draft version of the Tentative Agreement between the City and the NBFA is included as
Attachment A, with changes from the current agreement in redline. Costing information
for NBFA is included as Attachment B. The total cost of the NBFA MOU is estimated to
be $6,979,220.
On November 13, 2021, the City was notified that in accordance with their ratification
procedures, the majority of NBFA members met and voted to approve the Agreement.
Following City Council review of the Tentative Agreement and proposed MOU with the
NBFA, a final version of the successor MOU will be presented at the December 14, 2021
regular meeting. The costing information and proposed revisions to the MOU will be
posted for public review on the City's website.
The Agreement will not become effective, per Government Code §3505.1, until the
governing body, i.e., City Council, takes action to adopt it. If the City Council approves
adoption of the Tentative Agreement with the NBFA at the December 14, 2021 meeting,
City staff will work to implement the provisions as soon as practicable.
FISCAL IMPACT:
Detailed costing information is included in Attachment B. As the MOUs are effective on
January 1, 2022, the year one impact shown in the detailed costing information, excluding
the signing bonus, is roughly two times the actual impact (e.g. only six months of the fiscal
year). The cost to implement the terms of the agreement for FY 2021-22 is therefore
approximately $573,000 rather than the $910,000 shown in Attachment B.
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Tentative Agreement with Newport Beach Firefighters Association
November 30, 2021
Page 3
Additionally, the disability insurance premiums can be funded from disability insurance
reserve funds on hand for the balance of the current fiscal year, and certain pension and
compensated absences costs are long term in nature and will not impact the current fiscal
year's budget. Should the Council approve the MOUs, the budgetary impact is therefore
reduced to approximately $470,000 in FY 2021-22.
Sufficient projected unassigned General Fund balance is available to fund the required
appropriations. Subsequent to the City Council's consideration of the Tentative
Agreement, staff will return with a budget amendment to appropriate the required
$470,000 when the MOU is formally approved.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Tentative Agreement (Agreement) and proposed MOU (redlined)
between the City and NBFA with signature of NBFA President Bobby
Salerno
Attachment B - Estimated Cost of Contract with the NBFA
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ATTACHMENT A
PREAMBLE
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as WOU") is entered
into with reference to the following:
The Newport Beach Firefighters Association, International Association of Firefighters,
Local 3734 ("NBFA"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other terms
and conditions of employment of employees in the unit of representation NBFA is
recognized to represent (unit members).
2. This MOU, upon approval by NBFA and the Newport Beach CityCouncil, represents
the total and complete understanding and agreement between the parties regarding
all matters within the scope of representation.
SECTION 1 — GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers-Milias-Brown Act of the State of California and the provisions of
the Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and
conditions of employment for all employees in the classifications of
Safety ResClassifications:
Fire Captain 11�-r Hours
TFamRoRq Ciro ('`aptaiR+ 7.550/_ /Q�em,
)-Fire Engineer 11�- 2 hours
Ciro Facilities Geerdinater Firefighter
Paramedic 112 Ho - F-flah+or
Firefighter 80-Heurs-
Non-Safety
P9641 ORsClass ifications:
Fire Services Coordinator
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
B. Term
1.Except as specifically provided otherwise, any ordinance, resolution or action
of the City Council necessary to implement this MOU shall be considered
NBFA MOU 2019 202112022-2025
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effective as of January 1, 292022. This MOU shall remain in full force and
effect until December 31, 202 2025, and the provisions ofthiss_
NBFA MOU 2019 2002712022-2025
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MOU shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide
that agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to decisional
or statutory law, superseded by the provisions of an agreement such
as, or similar to, this MOU.
C. Release Time
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off-site meetings, conferences, seminars or
workshops related to matters within the scope of representation.
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
G i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C(1)(c)(ii) above.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a) and 1(b). Unused
hours from any calendar year may be carried over to the next year not
to exceed a total City provided release time accrual of three hundred
(300) hours.
3. City grants Unit members the right to engage in the activities described
in subsection 1(c) at any time without reduction to the Release Time
granted in subsection 2.
4. NBFA shall designate certain members as those members entitled to
release time. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours. Requests for release time shall be
3 NBFA MOU 2019 2002742022-2025
21-6
granted by the supervisor unless there are specific circumstances that
require the designate to remain on duty. Designates shall, to the
maximum extent feasible, receive shift assignments compatible with
participation in the meet and confer process.
a. The NBFA President shall be entitled to a maximum of 200 hours
per calendar year for appropriate association related business,
excluding time required for the meet and confer process. The
NBFA President shall, at his/her discretion, allocate Release
Time to NBFA Board members or other designates, to a
maximum of 150 hours per year per individual. In the event the
200 hours for the President or 150 hours for other NBFA
designates are insufficient, the President may submit a request
to the Assistant City Manager or designee, with justification, that
additional hours be granted. In no event shall the Association be
granted more than a total of 400 hours per year for all
designates.
5. In addition to City—provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit members may voluntarily contribute
earned paid time off to an NBFA Release Time Bank. Members may
contribute earned time only during the period from July 1 through
August 15th during any calendar year. However, members shall not
have the right to contribute time to the NBFA Release Time bank if
NBFA has accumulated more than 600 hours of total Release Time.
Contributions may be made only in six -minute increments.
Contributions shall be on forms prepared by the City which shall then
be submitted to the appropriate department employee. City shall advise
NBFA as to the balance of hours in the Release Time Bank upon
request. For purposes of this subparagraph only, the term "time off'
shall be defined as accrued flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
D. Scope
All present written rules and currently established practices and
employee rights, privileges and benefits that are within the scope of
representation shall remain in full force and effect during the term of this
MOU unless specifically amended by the provisions of this MOU, or in
the case of the Department SOP's falling within the scope of
representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within
the scope of representation.
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When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to the Association no
less than seven (7) days prior to implementation of the proposed
change. If such proposed change materially impacts any matter within
the scope of representation, then the parties agree to meet and confer
over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-
50.
E. Bulletin Boards
Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to NBFA business, meetings, or events. All materials posted on bulletin
boards by the NBFA shall indicate that the NBFA posted them. Material
posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or
retaliation on the basis of any protected class under the law or other
statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E—Mail)
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion, age, sexual orientation, or
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material. E—Mail may be used for Association
business on a limited basis and consistent with Department Policy.
F. Authority to Deduct Dues from Members' Paychecks
The City will deduct dues from members of the Association and will remit it to
the Association. It is the Association's responsibility to inform the City's Human
Resources Director as to which members of the bargaining unit are members
of the Association. The Association shall inform the Human Resources
Director in writing of any changes in the membership status of any Association
members.
G. Maintenance of Membership
Any employee in this Unit who has authorized association deductions on the
effective date of this Agreement, or at any time subsequent to the effective
date of this Agreement, shall continue to have such dues deductions made by
the City during the term of this Agreement, provided that any employee in the
NBFA MOU 2019 2002712022-2025
21-8
Unit may terminate Association membership by submitting to the Association
a signed request to cancel payroll dues deduction. If that occurs, the
Association will advise the Human Resources Director to cancel payroll dues
deduction to the Association for such employee. Pursuant to Government
Code section 1157.12(b), the Association shall indemnify the City and hold it
harmless against any and all suits, claims, demands and liabilities by any unit
member in reliance upon information provided by the Association respecting
requests to cancel or change payroll deductions for such employee.
H. Conclusiveness
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 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.
hAnrlifiratinnc
Any agreement, alteration, understanding, variation, or waiver or modification
of any of the terms or provisions of this MOU shall not be binding upon the
parties unless contained in a written document executed by authorized
representatives of the parties.
J. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of
this MOU relating to salary increases, fringe benefits, or the compensation
policy be declared invalid the City shall provide alternative forms of
compensation such that Unit members suffer no financial detriment by virtue
of the decision or ruling with the manner and form of the compensation to be
determined by the parties after meeting and conferring in good faith.
K. Impasse
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
mediation pursuant to the procedure outlined in Section 16 of Resolution No.
2001-50 or a successor resolution.
6 NBFA MOU 2019 202742022-2025
21-9
L. Definitions
For the purposes of this MOU, these terms shall have the following meanings:
The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is assigned
to work an average 40 -hour workweek.
3. The term "line employee" shall mean any unit member assigned to work
an average 56 -hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and
the Orange County Fire Authority.
SECTION 2 — COMPENSATION
A. Salary Adjustments — this MOU Period
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the pay period that in^li de following January 1, 2019 2022, there
shall be a base salary increase of two percent (2%) for all represented
classifications. Individuals must be employed by the City on the first day
of the pay period following City Council adoption to qualify for retroactive
Payment of the COLA.
2. Effective the payroll period that in^', "'^cfollowinq January 1, 20202023,
there shall be a base salary increase of two percent (2%) for all
represented classifications.
3. Effective the pay-rG 4 period that January 1, 2424-2024,
there shall be a base salary increase of two percent (2%) for all
represented classifications.
4. Effective the pay period following January 1, 2025, there shall be a base
salary increase of two percent (2%) for all represented classifications.
B. Salary Differential
1. The adjustments to salary and total compensation described in this Section
shall maintain the salary differentials between the classification of
Firefighter, the —4benchmark classification4 and the other safety
classifications represented by NBFA, as set forth below, so+�— ho to
maintain an appropriate internal relationship aMORg the primary
Glassifi^a+ions represeRted by nlSubject to the foregoing, the salaries
7 NBFA MOU 2019 2002712022-2025
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specified below or total compensation, as appropriate, shall be subject to
the following minimum salary differentials between classifications:
Fire Classification Series
Firefighter
Variance
N/A
Fire Engineer
12.50%
Firefighter Paramedic, hired on/after 1-1-2016
17.25%
Firefighter Paramedic, hired before 1-1-2016
22.25%
Fire Captain
Training Fire Captain
32.00%
39.50%
NBFA MOU 2019 0272022-2025
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..K
C. The Trainina Fire Captain shall be assianed to routinely and consistentl
train employees. Staff Training Fire Captains shall receive an additional
7.5% of base pay over Line Fire Captains. Assignment as a gaff Training
Fire Captain is for a maximum fe�of two years unless extended by the
Fire Chief.
• - - - -
-
GD. Firefighter- Special Step Increase
Firefighters who successfully complete the Department Engineer Certification
program within twelve (12) months of passing probation will be granted a
salary step increase.
9-.E. Probationary Firefighter Training Step
Probationary Firefighters will be placed at the Training Step (Step "17) upon
initial appointment. Upon completion of the NB Fire Recruit Academy,
employees will be eligible to advance to Firefighter Step 1. Probationary
employees will be eligible for advancement to Step 2 following 12 months from
date of initial appointment and upon documented successful performance.
The probationary period for a new- • -• after January 8, 2019 is 12
months.
MGRths OR the date Of GGURGil appreval of this M.
IN
421114.1110.111 M..
NBFA MOU 2019 0272022-2025
21-12
F. Overtime
FLSA Overtime shall consist of authorized hours actually worked in excess
of 91 hours in a 12 -day work period as previously established by the City
and as permitted by the United States Department of Labor regulations
pursuant to the FLSA 7(k) exemption. Use of Flex Leave, shall not be
considered as hours worked for the purposes of determining eligibility for
FLSA Overtime.
Contract Overtime shall consist of authorized work in excess of a unit
member's normal number of work hours in any scheduled work shift, and
shall be paid one -and -one-half times the employee's regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay shall
not be considered as hours worked for determining Contract Overtime
eligibility. Contract Overtime shall be calculated based on the employee's
regular rate of pay, less 7%.
The rate at which Contract Overtime is calculated shall not include the
City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or
any cash back an employee may receive from the Cafeteria Plan Allowance
by choosing benefits which cost less than the Allowance.
2. Temporary vacancies in line positions shall be selected in accordance with
Department c n o.the Department's Standard Operating Procedures.
3. Qualified employees wishing re work , who volunteer to work
overtime in a Glass !ewer than their ni irrent Glas- lower classification than
their current position (downgrade) may VG1Yn+eer to-do so and shall be
compensated at one and one-half times the highest hourly rate for the
downgraded position as published in the City's compensation plan. Said
employees shall be selected according to the provisions set forth in the
Department's Standard Operating Procedures related to staffing and
overtime. This provision applies only to persons `pushing remembers who
downgrade to the position of Firefighter, Fire Engineer or Firefighter
Paramedic.
4. Employees assigned to staff assignments may request compensatory time
off(CTO) in lieu of paid overtime with the approval of the Department.
Compensatory time may be granted, subject to maximum accrual of eighty
(80) hours, and subject to the Department's consideration of the impact of
said CTO use on overtime liability and other efficiency requirements of the
Department.
F -.G. Required Uniform
The City shall pay the entire cost of providing NBFA member with each
component of the required NBFD uniform. The required NBFD uniform
includes safety shoes, badges and insignias, uniform pants, uniform shirts,
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uniform jackets
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and liner, belts, work out shirts, work out trunks, sweatshirts,—and baseball
caps. The City shall not be responsible for providing employees with socks,
underwear, or workout shoes, or other clothing.
The City will provide each fire suppression member with a set of front-line
turnout gear and an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. Reserve turnouts may be
personally issued to each member at the Fire Chief's discretion. This
equipment will be used to temporarily replace an employee's personalturnout
equipment that cannot be placed in service because they are wet,
contaminated, or aged.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance of ($1,519 annually) for each employee as
special compensation in accordance with Title 2, California Code of
Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for
"new members" as defined by the Public Employees' Pension Reform Act of
2013, the uniform allowance will not be reported as pensionable compensation
to CalPERS.
The parties agree the reported value of uniforms is intended to reflect clothing
such as pants, shirts, jackets, and related attire and excludes health and safety
related equipment, i.e., safety boots and turnout gear.
G -.H. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
members may apply for increases pursuant to this Section when eligible and
scholastic and/or certificate achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the Fire
Chief. It is the responsibility of the unit member to apply for Scholastic and/or
Certificate Achievement Pay. Approval of the unit member's application shall
not be unreasonably withheld or delayed, and the member shall not be entitled
to receive scholastic and/or certificate achievement pay prior to the date the
application is approved even though the member may have been eligible prior
to approval.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon number of units and/or degrees received
by the employee. Unit members hired on and after May 22, 2012 shall be
ineligible for any scholastic pay based upon having obtained units only.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. A "degree" shall be awarded by an
institution accredited by the State of California, the United States Department
of Education, the Council for Higher Education, or the Distance Education
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Training Council. Unit members shall receive scholastic and/or certificate
achievement pay in accordance with the following:
1
2
Scholastic Pay
College
Semester/Unit
30
60
90
90
120
A.A./A.S.
B.A./B.S.
% of Actual Step in
Job Class Range:
1.5%/month
2.5%/month
3.5%/month
3.5%/month
4.5%/month
3.5%/month
5.5%/month
Certificate Achievement Pay
Certificate achievement pay is contingent upon employee's satisfactory
completion of the initial probationary period with the Newport Beach Fire
Department and completion of the required coursework for Company Officer
(formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire
Prevention Specialist) certification as outlined below, and the opening of the
associated State Fire Training task book. Company Officer also requires
completion of the NBFD (internal) Captain's task book. Proof of course
completion must accompany this application and be in the form of one of the
following:
1. A certificate from the Office of the State Fire Marshal.
2. A letter from the Office of the State Fire Marshal certifying the
employee has completed the course(s).
3. Transcripts from an accredited college, university or entity, or
certificates indicating the employee has been credited for course
completion.
NBFA members shall receive 3.0 % of base pay for either Company Officer or
Fire Inspector II course completion, opening of the associated State Fire
Training task book, and completion of NBFD (internal) Captain's task book
(Company Officer only).
The parties agree to the extent permitted by law, certificate and scholastic pay
are special compensation and shall be reported to CalPERS as such pursuant
to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Pay.
Special Assignment Pay
The following additional payments shall be made to certain Unit members
based on assignment:
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Individuals properly trained and assigned by the Department to perform
special assignments shall be compensated as follows:
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Maximum Compensation
Assignment Number* (% of base pay)
Shift Fire Investigator 6 5%
Radio/MDC 1 5%
SCBA 3 2%
Map/Preplan 1 2%
Special assignment compensation shall cease when individuals are no
longer performing the assignment.
Employees who enter the above assignments on or after January 1, 2022
after the approval of +hic MOI will be assigned for three years, after which
they will rotate out of their assignment (assuFniRg there aFe qualified
replaGer eRt-&)if qualified replacements have been selected through an
informal interview process. The Fire Chief shall have the option to extend
the assignment for one three year extension abse t aR exte SOOR by +ho
Ciro Chiof, wnemhall have the ePtOGR to a i+herize up
to finis eRe VeaF
Removal from any of these special assignments at the end of the
prescribed term shall not trigger any right of appeal.
The parties agree that to the extent permitted by law, Shift Fire Investigator
Pay is special compensation and shall be reported to CaIPERS as Fire
Investigator Premium pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3).
*Subject to modification by the department.
2. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of the special
assignment. The types and duration of these temporary assignments
(which will vary based on the needs of the Department as determined
by the Fire Chief) will remain a management prerogative.
Committee participation such as Safety Committee, and work on
various projects such as Public Safety Day and the CERT Program are
excluded from consideration under this Agreement.
]-.J. Temporary Upgrading of Employees
Move --up Assignment
A move_ up assignment shall be defined as the temporary assignment
of an employee to work in a job classification which is higher than his or
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her current classification. A move --up employee shall meet the minimum
requirements for the position to which they are moved up to.
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Assignments to a move -up position shall be made by a Battalion Chief,
Assistant Chief or Fire Chief. Move -up assignments c„^h employees
shall be deemed "Acting Appointments" after an employee has worked
their6thsix 6) consecutive ,iove-up shifts.
If the employee is moved -up for five (5) hours or more, the move -up
compensation (for time actually working in the moved up assignment)
shall be computed as follows:
Firefighter to Engineer Regular rate +5%
Firefighter (hired prior to January 1, 2016)
to Firefighter Paramedic Regular rate +22.25%
Firefighter (hired on or after January 1, 2016)
to Firefiahter Paramedic Reaular Rate
+17.25%
Firefighter to Captain
Engineer (hired prior to January 1, 2016)
to Firefighter Paramedic
Engineer to Captain
Firefighter Paramedic to Captain
Captain to Battalion Chief
Regular rate +5%
Regular rate +9.75%
Regular rate +5%
Regular rate +5%
Regular rate +5%
If an employee is moved up and is using leave, the leave time shall be
paid at the employee's regular rate of pay in the rank from which he/she
was moved up. Time accumulated working in a move up positionshall-
not be applied towards the probationary period or count as "time in rank"
for the purpose of seniority.
The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignments to a move up position shall be made at the sole discretion
of the Fire Chief and are limited to a maximum time period of 360 days.
The parties agree that to the extent permittee by haw, ane in accoraance with
Government Code §20480 Out -of -Class Appointment Limitations, the City shall
report to the California Public Employees' Retirement System (CaIPERS) move
up 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, move up 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.
Thome parties gree that to the extentpermitted by law, pay for mode iia
17 NBFA MOU 2019 2002742022-2025
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2. Acting Appointments
Employees formally assigned as an Acting Appointment to perform
100% of the duties in the higher classification for more than six (6)
consecutive shifts shall be compensated beginning the first shift in the
salary range of their acting classification at a rate that is at least five
percent (5%) higher than their current rate. The fermal and expresser!
a -nrrrr7e nter-enieyee tope rleenm signifiGanu iesparnd
respens.....of higher tion fer mere than six (6)
�pvrr..rr�rrrtie•S�r—a--hi{�ncr—C�c�S C-arrvrr-rv�--rrrvr�crrarr�r.'`�v7
GeRsecu hafts sha1all-be deemed an aGti„^ appointment. All acting
appointees must satisfy the minimum requirements for the position to
which they are appointed.
18 NBFA MOU 2019 20242022-2025
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capacity shall be paid at the employee's new rate of pay.
In the event the acting employee is subsequently appointed to the
higher classification, the time accumulated while acting in the higher
classification shall be applied towards the probationary period and
count as "time in rank" for the purpose of seniority.
If an acting employee is returned to his/her former classification for
more than six (6) months, he/she will not be credited with the time
accumulated in the acting position for the purposes of probation or as
"time in rank" for the purpose of seniority.
OrtiRo appOiRtments shall ho mare at the sole diSGre-tion of the Core
r-cv 9--a-p-pvrrrm--r �riurr�c—rrrc��cr� ��crri
Chief and are limited to a maximum tome peried of 180 d W&-.ACting
appointments shall be made by the Fire Chief and shall be limited to
ninety (90) calendar days in any 12 month period unless extended to a
maximum of an additional ninety (90) calendar days on written
recommendation by the Department Director and approval by the City
Manager.
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.
3. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a fiveep rcent
(5%) pay differential over their regular rate of pay for all time worked in
this job classification if they are assigned to work in this job classification
for a period of four (4) working hours or longer.
The parties agree that to the extent permitted by law, Tiller Pay is
special compensation and shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special
Assignment Pay.
19 NBFA MOU 2019 0272022-2025
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20 NBFA MOU 2019 20242022-2025
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K. Y -Rating
Employees who are reclassified to a position with a lower maximum salary
shall be Y -rated. Y -rating shall refer to a pay rate outside of the assigned salary
range of the employee.
If the salary of the employee is greater than the maximum of the new range,
the salary of the employee shall be designated as a Y -rate and shall not
change during continuous regular service until the maximum of the new range
exceeds the salary of the employee.
If the salary of the employee is the same or less than the maximum of the new
class, the salary and merit increase eligibility date of the employee shall not
change.
L. Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the appropriate rate for each hour, or portion thereof, the
employee worked beyond the end of the shift.
M. Emergency Recall
If an employee who is not on stand-by or shift hold -over and is required to
return to work during his/her off-duty hours for actual firefighting, or similar
emergency designated by the Fire Chief, the employee shall receive a
minimum of four (4) hours compensation at the appropriate rate. If an
employee works less than (4) hours, he/she will receive four hours of
compensation at the appropriate rate. If an employee works for four (4) hours
or more, he/she will receive compensation for the time worked at the
appropriate rate.
N. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level
in speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
The parties agree that to the extent permitted by law, the Bilingual pay in this
section is special compensation and shall be reported to CalPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium.
21 NBFA MOU 2019 0212022-2025
21-24
O. Court Standby Pay
Unit members who, pursuant to subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off—duty,
to remain within a certain response time from court, shall be considered to be
on "court standby time" and shall receive four (4) hours of pay for each eight
hours of court standby time. Unit members shall, when required to appear in
court pursuant to a Subpoena or the direction of their supervisor to testify as
to matters relating to their employment with the City, be considered to be on
duty and shall be paid accordingly. Members shall remit all witness fees
received for testifying or appearing on any matter for which the member is
eligible to receive court standby time.
P. Longevity Pay
Years of Service
Longevity Pay
16 but less than 20 1.5%
20 but less than 25 2.5%
25 and over 3.5%
The parties agree that to the extent permitted by law, Longevity Pay is special
compensation and shall be reported to CalPERS as such pursuant to Title 2
CCR, Section 571(a)(1) and 571.1(b)(1).
P. All Baraainina Unit Emglovees in oaid status for the entiretv of (1) the as
period including January 1, 2022 or (2) the pay period following City Council
adoption of the MOU, whichever is later, will receive a signing bonus of $2000.
The Parties intend and understand that this lump sum payment is non-
aensionable and will not be reaorted to CalPERS. The aarties also aaree that
this payment is intended to be specific to the pay period in which it is paid and
is to be considered part of the regular rate for this pay period only.
SECTION 3 - LEAVES
A. Flex Leave
Unit members shall accrue flex leave as follows as set forth in the chart
below. The amounts that are listed in the column entitled "Maximum
Accrual" include both the maximum accrual of flex leave (52 pay periods
worth of flex leave) and also include the amount of holiday time which
the parties have agreed that employees may accrue per Section 3C
(Holiday Time).
22 NBFA MOU 2019 2002742022-2025
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Leave Accrual Maximum Accrual
Years of Srvc Hrs/Pay Period
Line Employees*:
1 but less than 5 9.77 796.12
5 but less than 9 10.69 843.96
9 but less than 12 11.62 892.32
12 and over 12.54 940.16
23 NBFA MOU 2019 2002712022-2025
21-26
Staff and Non -Safety Safety Employees:
1 but less than 5 6.97
5 but less than 9 7.63
9 but less than 12 8.33
12 and over 8.95
568.36
602.68
639.08
671.32
2. The Flex leave program shall be administered as follows:
a Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the employee
is terminated or resigns before completing three months of
continuous employment, the member's final check shall be
reduced by an amount equal to the number of Flex leave hours
advanced multiplied by the member's hourly rate of pay.
Unit members shall accrue three months of flex leave (as
provided in the charts in paragraph Al above) immediately upon
completion of three (3) months continuous employment with the
Newport Beach Fire Department, provided however, this amount
shall be reduced by any flex leave time advanced during the first
three months of employment.
b. Members employed by the City prior to initiation of the Flex leave
program have had the current accrued vacation time converted
to Flex leave on an hour for hour basis.
c Earned Flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay. Unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
leave benefits because of an industrial disability, hardship or
extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued.
24 NBFA MOU 2019 2002712022-2025
21-27
e. Flex leave may be taken in four (4) hour increments.
Members shall be paid for all accrued Flex leave at their then
current hourly rate of pay (hourly rate before incentives, other
pays, etc.) upon separation from employment.
GB. Holiday Time
Line Employees
The provisions of this subsection shall apply only to Unit members who
are line employees during all or a portion of any calendar year and, as
to those members who are line employees for only a portion of the year,
the provisions of this subsection shall be applicable on a pro—rata basis.
Unit members who are line employees shall accrue holiday time at the
rate of 5.54 hours per pay period. Holiday time shall be added to the
member's Flex leave Account on a bi—weekly basis.
The partiesagree, to the extent permitted by law, the compensation in
this section is special compensation for those employees who are
normally required to work on an approved holiday because they work in
positions that require scheduled staffing without regard to holidays and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5)
and 571.1(b)(4) Holiday Pay.
Effective October 1, 1996, all Line employees were provided a one-time
opportunity to elect to convert all or any portion of their annual holiday
benefits to cash on an annual basis. This election shall be uniform from
year to year. For example, an employee electing to convert 108 of the
144 annual benefits to cash must so convert 108 hours of earned
holiday benefits each year thereafter. The election to change —holiday
25 NBFA MOU 2019 202712022-2025
21-28
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GB. Holiday Time
Line Employees
The provisions of this subsection shall apply only to Unit members who
are line employees during all or a portion of any calendar year and, as
to those members who are line employees for only a portion of the year,
the provisions of this subsection shall be applicable on a pro—rata basis.
Unit members who are line employees shall accrue holiday time at the
rate of 5.54 hours per pay period. Holiday time shall be added to the
member's Flex leave Account on a bi—weekly basis.
The partiesagree, to the extent permitted by law, the compensation in
this section is special compensation for those employees who are
normally required to work on an approved holiday because they work in
positions that require scheduled staffing without regard to holidays and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5)
and 571.1(b)(4) Holiday Pay.
Effective October 1, 1996, all Line employees were provided a one-time
opportunity to elect to convert all or any portion of their annual holiday
benefits to cash on an annual basis. This election shall be uniform from
year to year. For example, an employee electing to convert 108 of the
144 annual benefits to cash must so convert 108 hours of earned
holiday benefits each year thereafter. The election to change —holiday
25 NBFA MOU 2019 202712022-2025
21-28
time to pay shall be in twelve (12) hour increments. Holiday pay will be
paid bi-weekly with the regular check. Holiday leave conversion pay will
not count in the total compensation formula used to adjust salaries and
benefits.
Note: Newly hired employees shall be given a one-time option, within
60 days of employment, to elect to receive up to one-half of accrued
holiday time as time off in lieu of cash payment.
2. Staff Employees
The holiday benefit for staff employees shall be as follows: :
Staff employees shall accrue 3.96 hours of holiday leave per pay period
(102.96 hours per year). This holiday leave is to provide leave for
employees for the following twelve (12) holidays:
New Years' Day, Martin Luther King Birthday, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and the day after Thanksgiving, one—half day
on Christmas Eve, Christmas, one—half day on New Year's Eve
and one floating holiday.
The holiday leave accrued will be added to employees' flex leave banks.
The maximum accrual of flex leave set forth in in Section 3A1 above
includes 205.92 hours which is two years (52 pay periods) of holiday
leave.
Even though the holiday leave is added to employees' flex leave banks,
staff employees may be required to take specified City holidays off at
the sole discretion of the Fire Chief. If that occurs, time will be charged
against the employee's Flex leave bank.
Notwithstanding the holiday leave benefit provided above, newly hired
non-.3worn safey, staff employees shall have the one-time option (at the
time of hire) to accrue holiday time as pay. If that occurs, such an
employee's flex leave maximum accrual (addressed in Section 3A1
above) will be reduced by 205.92 hours which is two years (52 pay
periods) of holiday leave.
If holiday time is provided as pay (if, that election as made as provided
above) it shall not be reported to CaIPERS as special compensation per
California Code of Regulations 571(a)(5) because these employees
do not work in positions that require scheduled staffing without
regard to holidays.
26 NBFA MOU 2019 2002742022-2025
21-29
3. Holiday Time Election
Eff�e.Following adoption of the 2015-18 MOU, all then current unit
members were provided another one-time opportunity to change all or
a portion of their future annual holiday benefits to pay or time off. The
City provided a 28 -day window (2 pay periods) for employees to make
the new election. Once selected, the election became uniform from year
to year. All other elements of the election were as provided in D(1) and
D(2) above.
Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
an employee because of a death or terminal illness in his/her immediate family.
Staff and non- employees shall be entitled to forty (40) hours of
Bereavement Leave per calendar year per event while Line Employees shall
be entitled to ninety (90) hours of Bereavement Leave (terminal illness
followed by death is considered one incident). Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence and within
six months. Bereavement leave shall be administered in accordance with the
provisions of the Employee Policy Manual. For the purpose of this section
immediate family shall mean an employee's father, mother, stepfather,
stepmother, brother, sister, spouse/domestic partner, child, stepchild and
grandparents, and the employee's spouse/domestic partner's mother, father,
brother, sister, child and grandparent. An employee requesting bereavement
leave shall notify his/her supervisor as soon as possible of the need to take
leave.
Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program in the
City of Newport Beach Administrative Procedure.
Jury Duty
Employees who are summoned to perform jury service shall be entitled to their
regular compensation while serving; provided the fees, except mileage and
subsistence allowance, if any, which they receive as jurors, are remitted to the
City.
Employees shall notify their supervisor immediately regarding the possible
dates they will miss. Employees shall confirm whether or not they are required
to report the night prior to their jury service and then notify the on -duty Battalion
Chief by 1800 hours. Employees shall repeat this process if service is delayed
until they are released form service. Employees shall provide proof of jury
service signed by the fury clerk and submit it to their supervisor upon return to
work or at the end of each week of service. An employee who is released by
the court from fury duty on any regularly scheduled workday shall contact their
supervisor to find out when they are required to return to work.
27 NBFA MOU 2019 0272022-2025
21-30
28 NBFA MOU 2019 20242022-2025
21-31
G -.F. Worker's Compensation Leave
The City will comply with the provisions of Labor Code section 4850 for
workers' compensation claims.
K.G. Schedulina of Medical Treatment for Industrial Iniuries
Time spent by an employee receiving medical attention during the employee's
normal working hours is considered hours worked and compensable, when the
City or its representative schedules the appointment.
When an employee is temporarily disabled due to an industrial injury, and is
unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
occurring during normal working hours. The employee shall not be entitled to
any additional compensation, regardless of the employee's regular work
schedule or the type of compensation currently received, except as otherwise
required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the City,
is not considered hours worked and therefore, is not compensable. To avoid
disruption in the workplace, an employee shall schedule such appointments to
occur during off duty hours whenever possible. In the event such scheduling
is not available, employee may be allowed to attend an appointment during
their regularly scheduled duty shift with prior supervisory approval. Regular
recurring appointments (i.e., weekly physical therapy) must be scheduled off
duty.
]-.H. Reassianment
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall automatically convert
the Flex Leave, Bereavement Leave and other benefits from the position
previously held to the newly assigned position provided, however, upon
reassignment a line employee shall be entitled to either receive pay for
accrued holiday time or add accrued holiday time to the member's Flex Leave
account. The ratio for conversion of staff employee benefits to line employee
benefit shall be 7/5 and the ratio for converting line employee benefits to staff
employee benefits shall be 5/7.
J-. 1. Earles
The parties acknowledge Department of Labor regulation, 29 CFR section
553.225 that provides:
29 NBFA MOU 2019 2002742022-2025
21-32
"It is a common practice among employees engaged in fire protection activities
to relieve employees on the previous shift prior to (between the hours of 0600
and 0800) the scheduled starting time. Such early relief time may occur
pursuant to employee agreement, either expressed or implied. This practice
will not have the effect of increasing the number of compensable hours of work
for employees employed under section 7(k) where it is voluntary on the part of
the employees and does not result, over a period of time, in their failure to
receive proper compensation for all hours actually worked. On the other hand,
if the practice is required by the employer, the time involved must be added to
the employee's tour of duty and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require
it. The Association agrees that it will advise the Human Resources Director in
writing if at any time in the future it learns or believes that the City is requiring
early relief. If that occurs, early relief will immediately end.
SECTION 4 — FRINGE BENEFITS
A. Insurance
Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed
of one representative from each employee association group and upto
three City representatives. The Benefits Information Committee has
been established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage levels
and other health programs. The purpose of the BIC is to provide each
recognized employee organization with information about health
insurance/programs and to receive timely input from associations
regarding preferred coverage options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition
to the amounts listed below, the City shall contribute the minimum
CaIPERS participating employer's contribution towards medical
insurance. Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs.
RY unused ised Cafeteria Plan funds shall be payable to the employee as
taxable Gash baGk submeGt te the terms and Gendotmens below-.
Employees shall be allowed to change coverages in accordance with
plan rules and during regular open enrollment periods.
30 NBFA MOU 2019 2002712022-2025
21-33
da^�,�, 2^The City's monthly contribution towards the Cafeteria
Planwell O Grease by $2nn�ols $1,824.00 (plus the minimum
CalPERS participating employee's contribution).
Unit members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage,
and execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage on an
annual basis.
Newly appe-O ted Unit members whose actual start date occurs prior to
January 1, 2022 and who elect to opt out of medical coverage offered by
the City because they have 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
$1,000.00 per month in taxable cash paid bi-weekly. 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.
Newly appointed unit members whose actual start date occurs on or after
January 1, 2022 and 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 $500.00 per month
paid bi-weekly 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.
The preceding language as applied to the following scenarios:
1. Part-time employee hired by the City prior to Janaury 1, 2022 but not
appointed as a full-time employee into the NBFA until on or after January
1, 2022 — this employee is subject to the $500 opt -out amount and does
not receive cash back if the medical coveraae elected is less than the
City contribution.
2. Full-time employee hired by the City prior to January 1, 2022 who
later drops down to part-time and then is reappointed to the unit as a full-
time employee — this employee is subject to the $500 opt -out amount
and does not receive cash back if the medical coveraae elected is less
than the City contribution.
31 NBFA MOU 2019 0272022-2025
21-34
3. Full-time employee hired by the City prior to January 1, 2022 who
later transfers into the unit from another full-time unit — if the employee
was not subject to the $500 opt -out amount and/or no cash back in the
unit from which they are transferring, they will receive the benefit of
$1,000 opt -out and/or cash back if the medical coverage elected is less
than the City contribution.
If, prior to December 31, 2025, a court of competent jurisdiction or
formal legal opinion determines that the City's cafeteria benefit plan is
a bona fide plan such that the City's contributions towards medical
premiums will not be included in the employee's regular rate of pay
under the Fair Labor Standards Act, the City will increase the monthly
contribution towards the Cafeteria Plan by a total of $200 over the
remaining term of the agreement. The $200 will be prorated annually
over the remaining term of the agreement (full years only), beginning
with the first day of the pay period of the month following the day it
becomes bona fide and paid bi-weekly. Examples: If the cafeteria
benefit plan becomes bona fide during December of 2023+ the beginning
ef the third year ef the acireemePA, the City will increase the monthly
contribution by $100 per month in January of 2024 (Year 3) and by $100
per month in January of 2025 (Year 4). If the cafeteria benefit plan
becomes bona fide at the
be inning of -the senonr! „ear of the
a^r;tin March of 2022, the $200 will be spread evenly over the
remaining three years of the agreement, or at $67 per month beginning
in April of 2022 and continuing through the end of 2023 (Year 2),
another $67 per month in Year 3 and another $67 per month in Year 4.
If the City's cafeteria benefit plan is not determined to be a bona fide
plan as outlined above by a court of competent jurisdiction or formal
legal opinion prior to December 31, 2025, this paragraph will become
ineffective and the City's obligation to increase the cafeteria contribution
by $200 will cease on December 31, 2025.&mnl^„e ^'e^+inrr +^ en+
nreef of minimum essential Geyeraoe ("MEG") +hreu gh another�TGe
(other +hon GOyeraoe in the individual maFket whether or no+ obtained
e
three gh Levered Galifernia) will reneiye a maximi Fn nafeteria allewanne
Of $1,000.00 PeF .
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.
Vision Insurance
The existing or a comparable vision plan shall be maintained as partof
32 NBFA MOU 2019 20242022-2025
21-35
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of
the Internal Revenue Code, pursuant to which an Association member
may request that medical, child care and other eligible expenses be
paid or reimbursed by the City out of the employee's account. The base
33 NBFA MOU 2019 2002712022-2025
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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 omefull-timt employees with the following
provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Effective January 1, 2022
IVIG i 1.yhinheyer ,& pater the City will no longer require unit members to pay one
percent (1 %) of base salary as a pre-tax deduction for this benefit.
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program. Employees
may not supplement the disability benefit with paid leave once the
waiting period has been exhausted.
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 retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may access
the EAP subject to provider guidelines.
D. PERS Retirement Benefit
Retirement Formula
34 NBFA MOU 2019 20242022-2025
21-37
The City contracts with the California Public Employees Retirement
System ("CalPERS" or "PERS") to provide retirement benefits for its
35 NBFA MOU 2019 2002712022-2025
21-38
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits
as follows:
Tier I ("Legacy''): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall be
3%@50 and the retirement formula for non -safety members shall be
2.5%@ 55, calculated on the basis of the highest consecutive 12 month
period selected by the employee.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to
meet for the purpose of renegotiating employee retirement contributions
or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special pays,
and other pays normally reported as pensionable compensation or
compensation earnable, and will be made on a pre-tax basis through
payroll deduction, to the extent allowable by the Internal Revenue Code.
a. Safety
Tiers I and II:
36 NBFA MOU 2019 0272022-2025
21-39
.�
36 NBFA MOU 2019 0272022-2025
21-39
Effectivethe pay perinwhiGh Gludec Iani ary 1 2021, aIIAII
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of peRsionablo compensation earnable
plus an additional half of ^no neFEon�%) ef-EeMpensa '^n
earnable fer a total of 4.5% of compensation earnable of the
Employer rate for a total contribution of 13.5% of compensation
earnable.
Tier III:
The normal member contribution rate for Tier III members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations.
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Effectivethe pay perinwhiGh Gludec Iani ary 1 2021, aIIAII
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of peRsionablo compensation earnable
plus an additional half of ^no neFEon�%) ef-EeMpensa '^n
earnable fer a total of 4.5% of compensation earnable of the
Employer rate for a total contribution of 13.5% of compensation
earnable.
Tier III:
The normal member contribution rate for Tier III members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations.
EffeGtive the n�P ri eqOnGludes Ianuar„ 1, 2021,All Tier
III unit members will contribute the full statutory member
contribution. If that rate is less than 13.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rateto
37 NBFA MOU 2019 0272022-2025
21-40
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EffeGtive the n�P ri eqOnGludes Ianuar„ 1, 2021,All Tier
III unit members will contribute the full statutory member
contribution. If that rate is less than 13.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rateto
37 NBFA MOU 2019 0272022-2025
21-40
achieve a total contribution of 13.5% of pensionable
compensation.
b. Non --Safety
Tier I:
Tier I employees shall contribute eight percent (8%) of
pensionable compensation for the CalPERS member
contribution, an additional 2.42% of pensionable -compensation
earnable as cost sharing pursuant to Government Code section
20516(a) and an additional 2.58% of peRSOGRablo compensation
earnable as cost sharing pursuant to Government Code
§20516(f). Employees shall contribute a total of 13.0% of
pensionable compensation earnable-for retirement contributions.
Tiers 11:
Tiers II unit members shall contribute a total employee
contribution of 13.0% of compensation earnable - seven percent
(7%) member contribution and six percent (6%) from cost
sharing per Government Code section 20516(f).
Tier III
Tier III unit members will contribute the rate established by
CalPERS as half the normal cost. In addition, these members will
contribute the difference between half the normal cost and 13.0%
as cost sharing per Government Code section 20516(f) to achieve
a total contribution of 13.0% of pensionable compensation.
c. The City's contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II
38 NBFA MOU 2019 0272022-2025
21-41
and III). Such employees are eligible to participate in a Defined Contribution
plan (Plan), administered by the City or its designee in accordance with said
regulatory agency regulations and laws. The Plan shall continue to be funded
by allowing each affected employee to contribute any amount (unless
statutorily capped or capped by the Plan) of base salary each payroll period.
The City shall match any such employee contribution up to 1.5% of base
salary per year. The employee -only contributions shall be deemed fully vested
at the time of its deposit. The employer -only matching contribution shall vest
upon a PERS retirement being implemented as follows: 100% - age 55+; 80%
- age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time of
retirement being effective.) In the event that a participant in the Plan has a
medical retirement earlier than the vesting above, he or she shall be deemed
100% vested upon the date of the medical retirement.
F. Retiree Medical Benefit
F—. G.
Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured differently
for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2005 was less
than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2006, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan,
i.e.: MERP).
39 NBFA MOU 2019 2002712022-2025
21-42
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expenses after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees
it represents, subject to the following constraints. All employees within
the Association must participate at the same level, except that Safety
members and Non -safety members within an Association may have
different levels. The participation level should be specified as a
percentage of the leave balance on hand in each employee's leave
bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
tax basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that Safety members and Non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term, trend
40 NBFA MOU 2019 2002712022-2025
21-43
type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a group
of imminent retirees.
Nothing in this section restricts taking leave for time off purposes.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves the
City prior to five years employment, only the Part A contributions and
Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
41 NBFA MOU 2019 2002742022-2025
21-44
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating employer's
contribution (i.e., the CalPERS statutory minimum amount) towards
medical insurance after retirement. The parties also agree that, for
retirees selecting a CalPERS medical plan, or any other plan with a
similar employer contribution requirement, the required City contribution
will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
C. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There is
no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
42 NBFA MOU 2019 2002742022-2025
21-45
previous plan prior to January 1, 2006, up to a maximum of 15 years
(180 months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
G -.H. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
1. College Courses
Unit members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees or other student
expenses for approved job—related courses. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade "C" or better for undergraduate courses and
a grade "B" or better for graduate courses. All claims for tuition
reimbursement require the approval of the Human Resources Director.
College courses taken in pursuit of a degree that would render the
employee eligible to receive scholastic pay compensation shall not be
eligible for tuition reimbursement.
Career development courses and vocational courses offered through a
college shall be eligible for tuition reimbursement provided they meet
the definition of pre -authorized or prior approval is received from the
Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
43 NBFA MOU 2019 2002712022-2025
21-46
2. Non -College Courses
Unit members attending job-related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one
hundred percent (100%) of the actual cost of tuition, parking fees, travel
and lodging expenses. Unit members who must stay in lodging to attend
such classes, courses or seminars because of their location are
required to seek single occupancy governmental rates (at GSA rates)
when booking lodging for the class, course or seminar. Reimbursement
for more than single occupancy governmental rates will be provided
only if such rates are not available and if approved by the Fire Chief.
Job-related courses, training and seminars will be considered pre -
authorized in the following areas: Management and supervision, oral
and written communications, conflict resolution, legal issues, and media
relations, risk management, fire ground operations, rescue systems,
EMS, health and safety, apparatus operator, auto extrication, fire
prevention, arson investigation, and critical incident stress
management.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a document or certificate
showing successful completion of the class or seminar. All claims for
tuition reimbursement require the approval of the Fire Training Battalion
Chief before submittal to Human Resources.
3. Training — Workers' Comp
Employees of the Newport Beach Fire Department will be considered
within the definition of course of employment and arising out of
employment for purposes of workers' compensation coverage when
they have been authorized by the Fire Chief to attend pre -approved
training that furthers the department's mission in providing fire and
medical public safety services to the community.
�4-.I. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
]-.J. Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $25,000 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness
equipment. All purchases need to be approved by the Fire Chief. Up
44 NBFA MOU 2019 2002712022-2025
21-47
to $10,000 may be carried over to a subsequent fiscal year(s). An
additional $10,000 shall be budgeted to equip any new stations built
during the term of this agreement.
2. City shall provide workout apparel for each NBFA member assigned to
fire suppression. Workout apparel shall consist of three workout shirts
and two trunks. All unit members on duty between the hours of 4:00
p.m. one day and 7:30 a.m. the next, shall wear either the approved
workout apparel, or the approved NBFD uniform.
SECTION 5 — MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines
that a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in
municipal services, a reduction in the demand for service or other reasons
unrelated to the performance of duties by any specific employee. Reductions
in force are to be accomplished, to the extent feasible, on the basis of seniority
within a particular Classification or Series and this Section should be
interpreted accordingly.
1. Definitions
a. Layoff or Layoffs shall mean the non—disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted regular status, subject to the following:
i. Credit shall be given only for continuous service subsequent to
the most recent appointment to regular status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within the Classification of
Firefighter, seniority shall mean the time an employee has
worked within the Series from Firefighter to Captain.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
45 NBFA MOU 2019 2002712022-2025
21-48
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher
ranking Classification (s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. In this bargaining unit
the following are the Series which exist: 1) Firefighter, Fire Engineer,
Firefighter/Paramedic and Fire Captain; 2) Life Safety Specialist I,
Life Safety Specialist II and Life Safety Specialist III; and
3) Fire Facilities Coordinator.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become recertified as a paramedic in the event the employee's
certification has expired due to promotion to another position. An
employee has the right to Bump into only those positions the
employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Probationary employees within any Classification shall, in that order,
be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of
seniority.
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within the Series within the bargaining unit, provided,
however, that the determination of the employee to be terminated
from the position of Firefighter shall be based on seniority within the
Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of
layoff of his/her intention to exercise Bumping Rights.
46 NBFA MOU 2019 2002712022-2025
21-49
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days' pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any).
4. Re—Employment
Regular and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. The laid
off former employee shall remain on the reemployment list for not to
exceed two (2) years from the date of layoff. In the event a vacant
position occurs in the Classification which the employee occupied at the
time of layoff, or a lower ranking Classification within a Series, the
employee at the top of the Department re-employment list shall have
the right to appointment to the position, provided, he or she reports to
work within seven (7) days of written notice of appointment. Notice shall
be deemed given when personally delivered to the employee or
deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her last known address. Any
employee shall have the right to refuse to be placed on the re—
employment list or the right to remove his or her name from the re—
employment list by sending written confirmation to the Human
Resources Director.
5. Severance Pay
Regular employees who are laid off shall, as of the date of lay—off,
receive one-week severance pay for each year of continuous service
with the City of Newport Beach, but in no case, to exceed ten (10) weeks
of severance compensation.
B. Discipline Plan
Any discipline shall be in accordance with Department SOP and the Employee
Policy Manual.
47 NBFA MOU 2019 2002742022-2025
21-50
C. Fire Suppression Equipment Staffing Levels
The City shall not reduce current staffing levels for fire suppression equipment
during the term of this MOU. The City believes that appropriate staffing levels
call for three (3) fire suppression personnel for each engine company and three
(3) fire suppression personnel on one truck company and four (4) fire
suppression personnel on the second truck company. The Fire Chief or
designee shall have the discretion to add a fourth fire suppression personnel
to the truck company staffed with three fire suppression personnel on a regular
or overtime, i.e., "backfill" basis, based on operational needs, for a minimum
12 hour period. However, nothing contained herein shall be construed as
altering the existing 24 hou 24-hour shift for fire suppression employees.
D. EMT Certification
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic
certified, who misses, or anticipates missing, a regularly scheduled EMT
certification class shall contact the Fire Chief or his/her designee in an attempt
to schedule a makeup session, provided, however, members may view
videotaped classes to make up for absences from a regularly scheduled class
in accordance with County and State requirements. If a makeup session is not
available within the program schedule established by the Department, the
member shall, prior to loss of certification, attend a Departmental session or
class offered by a public or private institution on the member's own time and
without compensation by the City.
E. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any tobacco
products (including vaping and e -cigarettes) at any time while on, or off, duty.
Employees shall be required to sign an agreement consistent with this section.
Violation of the agreement may subject the employee to disciplinary action.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off-duty
shall not be considered a violation of this section.
F. Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications shall
remain in effect for the term of this agreement.
G. Exposure Log
The City maintains an exposure log system.
48 NBFA MOU 2019 2002712022-2025
21-51
H. Grievance Procedure
Except as described herein, unit employees and the Association are covered
by the grievance procedure contained in the Employee Policy Manual.
However, the parties agree that Step 1 of the manual shall be deemed to define
either a Captain or Battalion Chief as the "immediate supervisor," Step 2 of the
grievance procedure shall be presided over the Fire Chief, and Step 3 of the
grievance procedure shall be the City Manager. The City Manager shall render
the final and binding grievance determination which shall be subject to the right
of the employee and/or the Association to seek judicial review per Code of Civil
Procedure section 1094.5.
The Grievance Procedure is the sole and exclusive method by which an
employee or the Association may challenge a provision of this MOU.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule.
J. Consecutive Shifts
Except for employees assigned to "strike teams" unit members are limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hou 24-hour shift. AdditieRal
GGRsecU+iVe shiftsA maximum of two (2) additional consecutive shifts may be
permitted with mutual agreement between the employee and the Battalion
Chief unless there are operational needs. In which case, the Department may
extend the number of consecutive shifts which will be worked by employees.
K. Requirement to Live Within 150 Miles of City Limits
Unit members hired after January 1, 2019 are required to live within 150 miles
of the City limits.
Signatures are on the next page.
49 NBFA MOU 2019 2002712022-2025
21-52
ATTEST:
2021.
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By:
alerno, NBFA President
CITY OF NEWPORT BEACH
By:
Brad Avea, Mayor
APPROVED AS TO FORM
By:
9. Charles Sakai, Special Counsel
By:
Leilani Brown, City Clerk
Attachment: EXHIBIT A - NBFA Represented Classifications and Pay Rates
38 NBFA MOU `'^'� °��2022-2025
21-53
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 15, 2022
2.0% Adjustment
SWORN
FIREFIGHTER 112 HOURS
$23.29
$34.41
$5,652
$8,350
FIREFIGHTER 80 HOURS
$32.61
$48.18
$5,652
$8,350
FIREFIGHTER PARAMEDIC 112
$29.95
$42.13
$7,267
$10,224
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
$41.92
$58.98
$7,267
$10,224
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
$28.67
$40.35
$6,958
$9,791
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
$40.15
$56.49
$6,959
$9,792
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
$27.48
$38.67
$6,669
$9,384
FIRE ENGINEER 80 HOURS
$38.48
$54.14
$6,670
$9,384
FIRE CAPTAIN 112
$32.26
$45.40
$7,829
$11,017
FIRE CAPTAIN 80
$45.17
$63.56
$7,829
$11,017
FIRE CAPTAIN 80, TRAINING
$48.56
$68.33
$8,417
$11,843
NON -SWORN
FIRE SERVICES COORDINATOR
$32.04
$45.11
$5,554
$7,819
LIFE SAFETY SPECIALIST 1
$36.65
$51.58
$6,353
$8,940
LIFE SAFETY SPECIALIST II
$40.33
$56.77
$6,991
$9,839
LIFE SAFETY SPECIALIST III
$44.35
$62.41
$7,688
$10,818
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
21-54
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 14, 2023
2.0% Adjustment
SWORN
FIREFIGHTER 112 HOURS
$23.76
$35.10
$5,765
$8,517
FIREFIGHTER 80 HOURS
$33.26
$49.14
$5,765
$8,517
FIREFIGHTER PARAMEDIC 112
$30.54
$42.97
$7,412
$10,428
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
$42.76
$60.16
$7,412
$10,428
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
$29.25
$41.15
$7,097
$9,987
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
$40.95
$57.62
$7,098
$9,988
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
$28.03
$39.44
$6,803
$9,571
FIRE ENGINEER 80 HOURS
$39.25
$55.22
$6,803
$9,571
FIRE CAPTAIN 112
$32.91
$46.31
$7,985
$11,238
FIRE CAPTAIN 80
$46.07
$64.83
$7,986
$11,237
FIRE CAPTAIN 80, TRAINING
$49.53
$69.69
$8,585
$12,080
NON -SWORN
FIRE SERVICES COORDINATOR
$32.69
$46.01
$5,665
$7,976
LIFE SAFETY SPECIALIST 1
$37.39
$52.61
$6,480
$9,119
LIFE SAFETY SPECIALIST II
$41.14
$57.90
$7,131
$10,036
LIFE SAFETY SPECIALIST III
$45.24
$63.66
$7,841
$11,035
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
21-55
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 13, 2024
2.0% Adjustment
SWORN
FIREFIGHTER 112 HOURS
$24.23
$35.80
$5,880
$8,687
FIREFIGHTER 80 HOURS
$33.93
$50.12
$5,881
$8,688
FIREFIGHTER PARAMEDIC 112
$31.16
$43.83
$7,560
$10,637
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
$43.62
$61.37
$7,560
$10,637
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
$29.83
$41.98
$7,239
$10,187
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
$41.77
$58.77
$7,240
$10,187
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
$28.59
$40.23
$6,939
$9,763
FIRE ENGINEER 80 HOURS
$40.03
$56.32
$6,939
$9,763
FIRE CAPTAIN 112
$33.57
$47.23
$8,145
$11,462
FIRE CAPTAIN 80
$46.99
$66.13
$8,146
$11,462
FIRE CAPTAIN 80, TRAINING
$50.52
$71.09
$8,757
$12,321
NON -SWORN
FIRE SERVICES COORDINATOR
$33.34
$46.93
$5,779
$8,135
LIFE SAFETY SPECIALIST 1
$38.13
$53.66
$6,610
$9,301
LIFE SAFETY SPECIALIST II
$41.96
$59.06
$7,274
$10,237
LIFE SAFETY SPECIALIST III
$46.14
$64.93
$7,998
$11,255
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
21-56
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 11, 2025
2.0% Adjustment
SWORN
FIREFIGHTER 112 HOURS
$24.72
$36.52
$5,998
$8,861
FIREFIGHTER 80 HOURS
$34.61
$51.12
$5,998
$8,862
FIREFIGHTER PARAMEDIC 112
$31.78
$44.71
$7,712
$10,850
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
$44.49
$62.59
$7,712
$10,850
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
$30.43
$42.82
$7,384
$10,390
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
$42.60
$59.95
$7,385
$10,391
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
$29.17
$41.04
$7,078
$9,958
FIRE ENGINEER 80 HOURS
$40.83
$57.45
$7,078
$9,958
FIRE CAPTAIN 112
$34.24
$48.18
$8,308
$11,692
FIRE CAPTAIN 80
$47.93
$67.45
$8,309
$11,691
FIRE CAPTAIN 80, TRAINING
$51.53
$72.51
$8,932
$12,568
NON -SWORN
FIRE SERVICES COORDINATOR
$34.01
$47.87
$5,894
$8,298
LIFE SAFETY SPECIALIST 1
$38.90
$54.74
$6,742
$9,487
LIFE SAFETY SPECIALIST II
$42.80
$60.24
$7,419
$10,442
LIFE SAFETY SPECIALIST III
$47.07
$66.23
$8,158
$11,480
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
21-57
Key Contract Terms
Cost of Living Adjustment
Other Proposals
City Paid Disability Premiums 2
Summary of Proposal Cost 3
Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Cafeteria Plan
Other City Paid Benefits4
SubTotal
Other Proposals
City Paid Disability Premiums
Signing Bonus ($2,000)
SubTotal
Total
Cumulative Impact on Emolovee Compensation
Base Salary Increase 5
Pre -Tax Take -Home Pay Increase Z
Total Ongoing Compensation Increase 6
Total Compensation Increase 7
ATTACHMENT B
City of Newport Beach
Fire Association - Costing Analysis
November 15, 2021
2.00% 2.00% 2.00% 2.00%
1% Deduction Eliminated
$13,560,426
$271,209
$547,841
$830,007
$1,117,815
$2,766,872
1,391,464
27,289
55,124
83,516
112,476
278,405
5,859,468
117,189
236,723
358,646
483,009
1,195,567
10,011,860
197,517
398,985
604,482
814,090
2,015,075
2,582,784
-
-
-
-
-
1,354,223
16,158
32,639
49,450
66,597
164,843
$34,760,224
$629,363
$1,271,312
$1,926,101
$2,593,986
$6,420,762
-
44,704
89,855
93,020
94,880
322,458
-
236,000
236,000
-
280,704
89,855
93,020
94,880
558,458
$ 34,760,224
$ 910,066
$ 1,361,167
$ 2,019,121
$ 2,688,866
$ 6,979,220
2.00%
4.04%
6.12%
8.24%
1.65%
5.34%
7.42%
9.54%
1.94%
3.92%
5.81%
7.74%
2.62%
Notes
1 One percent of current total compensation is equal to $347,602.
z The impact of the elimination of the 1% post -tax payroll deduction currently imposed on employees on take-home pay is roughly equivalent to a 1.3% increase in salary.
3 Costs shown in years two through four reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
4 Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings.
5 Percentage shown in each year is as compared to current base salary, not the prior year.
6 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year.
Total compensation inrease in Year 1 includes a one-time sign on bonus. This is removed from future years as it is not ongoing.
21-58