HomeMy WebLinkAbout08 - Adopting a MOU with the NBFMA and Associated Salary ScheduleTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
June 14, 2022
Agenda Item No. 8
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
PHONE: 949-644-3259
TITLE: Resolution No. 2022-39: Adopting a Memorandum of Understanding
with the Newport Beach Fire Management Association and
Associated Salary Schedule
ABSTRACT:
The Tentative Agreement regarding a Memorandum of Understanding (MOU) between
the City of Newport Beach (City) and the Newport Beach Fire Management Association
(NBFMA or Association) was presented at the City Council's May 24, 2022, regular
meeting to provide the City Council and the community an opportunity to consider the
terms and costs of the agreement.
The proposed MOU is now presented for the City Council's approval/adoption (or
rejection) and is the final step in the meet and confer process with the NBFMA. The
associated salary schedules are included in the recommendation for approval of the
MOU. The attached budget amendment, Budget Amendment No. 23-002, appropriates
$41,533 in funding to implement the costs associated with the agreement for the current
fiscal year.
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;
b) Adopt Resolution 2022-39, A Resolution of the City Council of the City of Newport
Beach, California, Adopting a Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Fire Management Association and Amending
the Salary Schedule; and
c) Approve Budget Amendment No. 23-002 appropriating $41,533 in increased
expenditures in various City division salary and benefit accounts from unappropriated
General Fund balances.
RX
Resolution No. 2022-39: Adopting a Memorandum of Understanding with the
Newport Beach Fire Management Association and Associated Salary Schedule
June 14, 2022
Page 2
DISCUSSION:
The following discussion was provided, in part, with the May 24, 2022, staff report and is
included here for reference:
The NBFMA is an exclusively recognized bargaining unit representing the full-time Fire
Battalion Chief classification. The group is budgeted for four full-time positions.
Significant provisions of the Agreement between the City and the NBFMA include:
• Term of four years, from July 1, 2022 through June 30, 2026
• Wage adjustments
✓ July 2022 — 2.0%
✓ July 2023 — 2.0%
✓ July 2024 — 2.0%
✓ July 2025 — 2.0%
• City -paid short-term and long-term disability benefits
• 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
The City has been informed the majority of NBFMA members have ratified this Tentative
Agreement and proposed MOU (Attachment B). The City Council reviewed the Tentative
Agreement and proposed MOU with the NBFMA at its regular meeting of May 24, 2022,
after which the costing information and proposed revisions to the MOU were posted for
public review on the City's website. A final version of the successor MOU is being
presented at tonight's meeting and presented in accordance with Government Code
§3505.1.
FISCAL IMPACT:
Since the effective date of the agreement is July 1, 2022, there is no fiscal impact during
FY 2021-22. Because this item is before the City Council on the same date as the
FY 2022-23 budget adoption, staff has prepared a separate Budget Amendment rather
than including the required appropriations in the Proposed Budget Revisions attachment
to the staff report for budget approval. Budget Amendment No. 23-002 is attached and
appropriates $41,500 in FY 2022-23 to implement the terms of the proposed agreement.
This amount is less than the total cost of $46,100 shown in Attachment C primarily
because the disability insurance premiums can be paid from funds on hand during
FY 2022-23. The total four-year cost of the NBFMA MOU is estimated to be $332,294.
8-2
Resolution No. 2022-39: Adopting a Memorandum of Understanding with the
Newport Beach Fire Management Association and Associated Salary Schedule
June 14, 2022
Page 3
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 — Resolution No. 2022-39
Attachment B — Exhibit A to Attachment A (NBFMA MOU)
Attachment C — Estimated Cost of Contract with NBFMA
Attachment D — Budget Amendment No. 23-002
8-3
ATTACHMENT A
RESOLUTION NO. 2022-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF NEWPORT BEACH AND THE CITY OF
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
AND AMENDING THE SALARY SCHEDULE
WHEREAS, the City Council of the City of Newport Beach ("City Council")
previously adopted Resolution No. 2001-50, the "Employer -Employee Relations
Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government
Code 3500, et seq.;
WHEREAS, the City of Newport Beach ("City") promotes effective communication
and collaborative working relationships with its employee associations to foster improved
relations while balancing good management practices,
WHEREAS, the City previously entered into a Memorandum of Understanding with
the Newport Beach Fire Management Association ("NBFMA") a recognized organization,
for the term of July 1, 2019 through June 30, 2022;
WHEREAS, representatives from the City and NBFMA met and conferred in good
faith and reached a tentative agreement on wages, benefits and other terms and
conditions of employment, which are memorialized in the Memorandum of Understanding
between the City and NBFMA attached hereto as Exhibit A and incorporated herein by
this reference;
WHEREAS, the City was notified that NBFMA members have voted to approve
the Memorandum of Understanding;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 requires, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each class or position in City employment;
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for NBFMA unit members provided in this resolution and recommends approval;
Resolution No. 2022-
Page 2 of 3
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on May 24, 2022;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for NBFMA unit members so as to be in conformance with the
Memorandum of Understanding; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2019-2022 Memorandum of Understanding between the City and NBFMA by adopting
the Memorandum of Understanding attached hereto as Exhibit A to serve as the
successor agreement between the City and NBFMA for the period July 1, 2022 through
June 30, 2026.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits, and other terms and conditions of employment for employees
represented by NBFMA shall be provided in accordance with the provisions of the
Memorandum of Understanding attached hereto as Exhibit A, which shall serve as the
successor agreement between the City and NBFMA for the period July 1, 2022 through
June 30, 2026.
Section 2: The Memorandum of Understanding shall be effective from the dates
of July 1, 2022 through June 30, 2026.
Section 3: The City's salary schedule shall be modified to be consistent with this
resolution. Any resolution, or part thereof, in conflict with this resolution shall be of no
effect.
Secfion 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2022-
Page 3 of 3
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act (°CEQA°) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of June, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I_ Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
r^-'��' •ter
Aaron C. Harp
City Attorney
Attachment: Exhibit A - Memorandum of Understanding between the City and the
Newport Beach Fire Management Association
ATTACHMENT B
Exhibit A to Attachment A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT
ASSOCIATION
roe
� �7-17091�
July 1, 2022 through June 30, 2026
8-7
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. GENERAL PROVISIONS
Recognition..................................................................................................................... 1
Term............................................................................................................................... 1
Scope............................................................................................................................. 2
BulletinBoards............................................................................................................... 2
Conclusiveness............................................................................................................... 2
Modifications..................................................................................................................3
Savings........................................................................................................................... 3
Impasse.......................................................................................................................... 3
Definitions......................................................................................................................3
Section 2. COMPENSATION
Salary............................................................................................................................ 4
SalaryDifferential............................................................................................................ 4
Overtime — Hours Worked............................................................................................... 5
RequiredUniform............................................................................................................ 5
Scholastic Achievement/Certificate Pay.......................................................................... 6
BilingualPay................................................................................................................... 7
CourtStandby Pay.......................................................................................................... 7
CompactionAdjustment.................................................................................................. 7
Section 3. LEAVES
FlexLeave....................................................................................................................... 7
HolidayTime................................................................................................................... 9
BereavementLeave........................................................................................................ 9
JuryDuty......................................................................................................................... 9
FamilySick Leave......................................................................................................... 10
Workers' Compensation Leave..................................................................................... 10
Reassignment............................................................................................................... 10
EarlyRelief.................................................................................................................... 10
Section 4. FRINGE BENEFITS
Insurance...................................................................................................................... 11
Additional Health Insurance Programs.......................................................................... 12
Employee Assistance Program..................................................................................... 13
PERS Retirement Benefits............................................................................................ 13
DefinedContribution Plan............................................................................................ 15
Retiree Medical Benefit................................................................................................. 15
Deferred Compensation................................................................................................ 19
Tuition Reimbursement................................................................................................ 19
AnnualPhysical Examinations...................................................................................... 20
Physical Conditioning Equipment/Apparel..................................................................... 20
Section 5. MISCELLANEOUS PROVISIONS
Reductions in Force/Layoffs.......................................................................................... 20
Fire Suppression Staffing Levels................................................................................... 23
Staff Assignment Schedule........................................................................................... 23
ConsecutiveShifts......................................................................................................... 23
Requirement to Live Within 150 Miles of City Limits ...................................................... 23
Exhibit A (Represented Classifications and Salary Schedules) .................................. 25
m
:•
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA" or "Association"), a
recognized employee organization, and the City of Newport Beach ("City"), a
municipal corporation and charter city, have been meeting and conferring, in good
faith, with respect to wages, hours, fringe benefits and other terms and conditions
of employment.
2. This MOU, upon approval by NBFMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges
that NBFMA is the majority representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of employment for all
employees in those classifications specified in Exhibit "A" or as appropriately modified
in accordance with the Employer/Employee Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from representation
by NBFMA.
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
effective as of July 1, 2022. This MOU shall remain in full force and effect
through June 30, 2026, and the provisions of this MOU shall continue after the
date of expiration of this MOU in the event the parties are meeting and
conferring on a successor MOU.
2. The provisions 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.
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NBFMA MOU 2022-2026
0
C. Scope
1. 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.
The parties agree to meet and confer changes to department SOP, rule, or
regulation if such proposed change materially impacts any matter within the
scope of representation.
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.
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at their
present location for the posting of notices and bulletins relating to NBFMA
business, meetings, or events. All materials posted on bulletins boards by the
NBFMA shall indicate that the NBFMA posted it. 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 any
protected class under the law 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.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon by
the parties. Therefore, for the life of this MOU, neither party shall be compelled 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.
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NBFMA MOU 2022-2026
8-11
F. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of any of
the terms or provisions of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized representatives of the parties.
G. 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 NBFMA 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.
H. 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.
Upon request by the Association the parties will engage in non -binding fact finding
pursuant to State law.
I. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned to
work a 40-hour workweek.
3. The term "line employee" shall mean any NBFMA 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.
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NBFMA MOU 2022-2026
8-12
SECTION 2. COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a 9.5% salary
differential between the top step of Fire Captain and the bottom step of the Fire
Battalion Chief. Adjustments to the salary of Battalion Chief shall be reflected in
corresponding adjustments to other positions represented by NBFMA necessary to
maintain the salary differentials listed in Exhibit A.
2. Salary Adjustments — this MOU Period
Base salary increases for all NBFMA represented classifications shall be as follows
and as specified in Exhibit A:
1. Effective the first day of the pay period following July 1, 2022, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit. 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 first day of the pay period following July 1, 2023, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
3. Effective the first day of the pay period following July 1, 2024, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
4. Effective the first day of the pay period following July 1, 2025, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
B. Salary Differential
The Battalion Chief assigned as the Staff Battalion Chief shall receive an additional
7.5% of base pay over Battalion Chiefs while assigned to that position. Assignment as
a Staff Battalion Chief is typically for 2 years, unless extended by the Fire Chief.
Designation as a Staff Battalion Chief does not trigger a property interest in the position
and removal from the position does not trigger any right of appeal. Line Battalion Chiefs
who are assigned to modified or light duty assignments are not eligible for this pay.
4 NBFMA MOU 2022-2026
8-13
C. Overtime -Hours Worked
1. The City and Association agree that all unit classifications are properly
exempted from the overtime provisions of the Fair Labor Standards Act.
However, NBFMA members may be required to work additional floor shifts in
excess of their regular work schedule. Off -duty employees in the Battalion Chief
classification who are assigned by the Fire Chief or designee to additional fire
suppression work shift for an emergency assignment, or to replace another
Battalion Chief who is on an approved leave, will receive overtime pay equal to
one -and -one-half times' the employees base rate of pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered hours
worked for the purpose of determining overtime eligibility. Regular staff
meetings or other assignments will not be eligible for overtime at the 1'/2 rate
and shift exchanges between two Battalion Chiefs do not qualify for overtime
compensation.
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (1'/2) 56-hour
rate. The conditions are:
• The Unit employee is working outside of his or her regularly scheduled
hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight (8)
hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime, members may elect to accrue
compensatory time off. Compensatory time off is provided per this MOU, and
not pursuant to the Fair Labor Standards Act. Staff personnel may accrue a
maximum of 120 hours. Line personnel may accrue a maximum of 196 hours.
The provisions for accrual and use of compensatory time shall be provided in
the Fire Department Standard Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
D. Required Uniform
City shall pay the entire cost of providing NBFMA member with each component of
the required NBFD uniform. The required NBFD uniform includes shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, sweatshirt,
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NBFMA MOU 2022-2026
8-14
and turnout safety clothing. City shall not be responsible for providing employee with
socks, underwear, cap or workout shoes, or other clothing.
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, paid biweekly, for each sworn classification 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 CaIPERS.
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, including safety boots and turnout gear.
E. Scholastic Achievement/Certificate Pa
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible and
scholastic/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 NBFMA member to apply for Scholastic/Certificate Achievement Pay. Approval of
the member's application shall not be unreasonably withheld or delayed, and the
member shall not be entitled to receive scholastic/certificate achievement pay prior to
the date the application is approved even though the member may have been eligible
prior to approval.
NBFMA members shall receive scholastic achievemenVicertificate pay in accordance
with the City's evaluation and approval process for degrees and/or coursework
awarded by accredited community colleges, state colleges, universities or other
approved institutions as follows:
1. Scholastic Achievement
Degree
BA/BS
MAIMS/JD
2. Certificate Pay
Coursework
Certified Chief Fire Officer
Certified Strike Team Leader
6
Scholastic Pay Percentage
5.5%
7.0%
Compensation
3.0% of base pay
$100 per month
NBFMA MOU 2022-2026
8-15
The parties agree that to the extent permitted by law, the Scholastic
Achievement/Certificate pay in this section is 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 Incentive Pay.
F. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive one hundred fifty
($150.00) dollars per month ($69.23 per pay period) in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees 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.
G. Court Standby Pay
NBFMA 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 hours of pay for each eight hours of court standby time. NBFMA members
shall, when required to appear in court pursuant to a subpoena or the direction of their
supervisor to testify at 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.
H. Compaction Adjustment
Effective July 1, 2017, the Battalion Chief salary range was adjusted by 3.0% to
address compaction between Fire Captain and Battalion Chief.
SECTION 3. LEAVES
A. Flex Leave
NBFMA members shall accrue flex leave as follows.
Years
of Continuous
Service
LINE EMPLOYEES
STAFF EMPLOYEES
Accrual
Hours/Pay Period
Maximum
Accrual
Accrual
Hours/Pay Period
Maximum
Accrual
Less than 5
9.77
508.04
6.97
362.44
5 but less than 9
10.69
555.88
7.63
396.76
9 but less than 12
11.62
604.24
8.33
433.16
12 and over
12.54
652.08
8.95
465.40
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NBFMA MOU 2022-2026
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1. The Flex leave program shall be administered as follows:
a. Newly hired NBFMA 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 in the flex leave program becomes
sick during the first three months of employment, the City will advance up
to three (3) months of accrual for line employees (63.50 hours) / staff
employees (45.30 hours) 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.
b. Newly hired NBFMA members shall accrue three (3) months of flex leave
[line employees (63.50 hours) / staff employees (45.30 hours)] immediately
upon completing 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.
c. Earned flex leave in excess of the maximum permitted will be paid bi-weekly
at the member's hourly rate of pay ("Spillover Pay"). NBFMA members may
not elect to buy down accrued Flex Leave below the current threshold for
payment unless, during the twelve months preceding the election, the
member has taken at least ninety-six (96) hours of paid leave if a line
employee and eighty (80) hours of paid leave if a staff employee.
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to receive
the cash out in the pay period which includes June 30 and the pay period
which includes December 15 for those Flex Leave benefits that have been
earned during that portion of the year. In no event shall the flex leave
balance be reduced below what each employee can accrue for fifty-two pay
periods. However, in no event shall the flex leave balance be reduced
below what each employee can accrue for fifty-two pay periods.
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.
e. Members shall be paid for all accrued flex leave at their current hourly rate
of pay upon termination.
f. Concurrent with the July 1, 2017, 3% compaction salary range adjustment
as stated in Section 2, G, the Longevity Pay incentive program in Section
3, A, 1 was eliminated for all members.
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B. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a pro-rata
basis. NBFMA members who are line employees shall accrue holiday time at the
rate of 5.54 hours per pay period. NBFMA who are staff employees shall accrue
holiday time at the rate of 3.96 hours per pay period.
All employees including Staff Employees shall receive their holiday time in pay.
Holiday pay shall be paid bi-weekly with the regular check. The parties agree, 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.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the sole
discretion of the Fire Chief. Time will be charged against the employee's flex leave
bank.
C. 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
employees shall be entitled to ) forty (40) hours of Bereavement Leave per event
while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave per
event (terminal illness followed by death is considered one event). Leave hours need
not be used consecutively, but should occur in proximate time to the occurrence but
no more than 90 days from the date of the death of the family member. Exceptions to
the 90 day requirement may be made at the sole discretion of the Fire Chief.
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, stepfather, mother, stepmother, brother, sister, wife, husband,
registered domestic partner, child, stepchild, or grandparent, and the employee's
spouse/domestic partner's mother, father, brother, sister, child or grandparent. An
employee requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
D. 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.
If an employee calls in at night and finds out that he/she must report to jury duty the
next day (and is scheduled to be working that day as part of a regular shift or on an
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overtime basis) he/she must contact his/her supervisor as soon as possible so that
coverage can be arranged for his/her shift.
E. Family Sick Leave
Unit employees shall be entitled to use their annual leave accrual as set forth in Labor
Code section 233.
F. Workers' Compensation Leave
The City will comply with the provisions of Labor Code section 4850 for workers'
compensation claims.
G. 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. 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.
H. Early Relief
The parties acknowledge Department of Labor regulation, 29 CFR section 553.225
that provides:
"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.
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SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee (BIC) composed of one
representative from each employee association and up to three City
representatives. The Benefits Information Committee has been established to
allow the City to present data regarding carrier and coverage options, the cost of
those options, appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee association with information about
health insurance/programs and to receive timely input from associations regarding
preferred coverage options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CalPERS 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. The City and NBFMA will
cooperate in pursuing additional optional benefits to be available through the
Cafeteria Plan.
Employees shall be allowed to change coverages in accordance with plan rules
and during regular open enrollment periods.
The City's contribution towards the Cafeteria Plan is $1,824.00 (plus the minimum
CaIPERS participating employee's contribution).
Unit members who do not enroll in any health care plan offered by the City must
provide proof of minimum essential coverage ("MEC") through another source
(other than coverage in the individual market, whether or not obtained through
Covered California) and execute an opt out agreement releasing the City from any
responsibility or liability to provide health care insurance coverage, on an annual
basis.
Employees hired as full-time City employees prior to June 22, 2019 who elect to
opt out of medical coverage offered by the City because they have provided proof
of minimum essential coverage ("MEC") through another source (other than
coverage in the individual market, whether or not obtained through Covered
California) will receive $1,000.00 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than the City
contribution provided above, those unused cafeteria plan funds shall be paid to the
employee as taxable cash.
Employees hired as full-time City employees on or after June 22, 2019 who elect
to opt out of medical coverage offered by the City because they have provided
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proof of minimum essential coverage ("MEC") through another source (other than
coverage in the individual market, whether or not obtained through Covered
California) shall receive $500.00 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than the City
contribution provided above, there shall be no cash back provided.
If, prior to June 20, 2026, 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, beginning with the first day of the month
following the day it becomes bona fide.
Example:
If the cafeteria benefit plan becomes bona fide at the beginning of the third year of
the agreement, the City will increase the monthly contribution by $100 per month
in January of Year 3 and by an additional $100 per month (total $200) in January
of Year 4. If the cafeteria benefit plan becomes bona fide at the beginning of the
second year of the agreement, the $200 will be spread evenly over the remaining
three years of the agreement, or at $67 per month in 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 June 30, 2026, this paragraph
will become ineffective and the City's obligation to increase the cafeteria
contribution by $200 will cease on June 30, 2026.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's
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
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account. The base salary of the employee will be reduced by the amount
designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short -Term (STD) and Long -Term (LTD) disability insurance
to all regular full time employees with the following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount
66.67% of covered wages
66.67% of covered wages
Maximum Benefit
$1,846 weekly
$15,000 monthly
Waiting Period
30 calendar days
180 calendar days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement
the disability benefit with paid leave once the waiting period has been exhausted.
Employees shall pay one percent (1 %) of base salary as a post -tax deduction for
this benefit. Effective the first premium payment following the City Council adoption
of the MOU in Fiscal Year 2022-23, the City will no longer require unit members to
pay one percent (1 %) of base salary for this benefit and this Paragraph shall be
deleted.
3. Life Insurance
The City shall provide life insurance for all 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. Employees may also purchase supplemental life insurance at their
own cost.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and their
family members may access the EAP subject to provider guidelines.
D. PERS Retirement Benefits
Retirement Formula
The City contracts with the California Public Employees' Retirement System
("CalPERS" or "PERS") to provide retirement benefits for its employees. Pursuant
to prior agreements and state mandated reform, the City has implemented first,
second and third tier retirement benefits as follows:
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Tier I: Employees hired by the City on or before November 23, 2012, the retirement
formula shall be 3%@50, calculated on the basis of the highest consecutive 12
month period selected by the employee.
Tier II: For classic members (as defined in the Public Employees' Pension Reform
Act) employees first hired by the City on or after November 24, 2012, and who are
not new members as defined in Government Code Section 7522.04(f), the
retirement formula is 2%@50. For these same employees, final compensation
will be based on the highest annual average compensation earnable during the
three consecutive years of employment immediately preceding the effective date
of his or her retirement or any other three consecutive year period chosen by the
employee as set forth in Government Code section 20037.
Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013,
who are new members as defined in the Public Employees' Pension Reform Act,
the retirement formula shall be 2.7%@57 provided for by the Public Employees'
Retirement Law at Government Code section 7522.25(d).
For these same employees, final compensation will be based on the highest
annual average pensionable compensation during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or
any other three consecutive year period chosen by the employee as set forth in
Government Code section 7522.32(a).
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.
Tiers I and II:
All members in Tier I and II shall contribute the full statutory member contribution
equal to 9% of compensation earnable plus an additional 4.5% of compensation
earnable of the Employer rate for a total contribution of 13.5% of compensation
earnable.
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Tiar 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.
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 achieve a total contribution of 13.5% of pensionable compensation.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant to
Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
E. Defined Contribution Plan
To the extent allowed by PERS, the IRS and other applicable regulatory agencies and
laws, unit members who shall be enrolled in the 2% @ 50 retirement formula or 2.7%
@ 57 formula, shall be eligible to participate in a defined contribution plan to be
administered by the City or its designee in accord with said regulatory agency
regulations and laws. The defined contribution plan shall be funded by allowing each
affected employee to contribute a percentage of base salary each payroll period. The
City shall match any such employee contributions up to a maximum of 1.5% of base
salary. 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.
F. Retiree Medical Benefit
1. 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 three categories. The benefit is structured
differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired on or after January 1, 2006.
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b. Category 2 - Active employees hired prior to January 1, 2006, whose age
plus years of service as of January 1, 2006 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, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS", formerly
the MERP plan):
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. 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
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the same for all employees within the Association. Additionally, the purpose and
focus of these changes should be toward long-term, trend type adjustments. Due
to IRS restrictions regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward satisfying the
desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C contributions.
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 (i.e. five years at full time status). 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 of
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 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.
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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 per year, accruing at the rate
of $400 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 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.
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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. Deferred Compensation
Each employee shall have a deferred compensation account set up by the City and
subject to the rules of IRS Code section 457 to which s/he may make contributions.
The City shall contribute to each employee's deferred compensation account each
pay period as follows:
1. Effective June 22, 2019, the City shall contribute twenty-one dollars and sixty-
seven cents ($21.67) per pay period to each employee's deferred compensation
account.
2. Effective the first day of the pay period which includes July 1, 2020, the City shall
contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay
period to each employee's deferred compensation account for a total of forty-three
dollars and thirty-five cents ($43.35) per pay period to each employee's deferred
compensation account.
3. Effective the first day of the pay period which includes July 1, 2021, the City shall
contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay
period to each employee's deferred compensation account for a total of sixty-five
dollars and two cents ($65.02) per pay period to each employee's deferred
compensation account.
Under federal law, there is an annual maximum contribution which may be made to
an employee's IRS Code section 457 account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual 457 maximum, the City will stop making contributions
for the remainder of the calendar year and will not owe the employee any additional
compensation related to this section.
All bargaining unit employees in paid status for the entirety of the pay period following
City Council adoption of the MOU will receive a one-time lump sum deposit of $2, 000
into their deferred compensation account. The parties intend and understand that this
lump sum payment is non -pensionable and will not be reported to Ca1PERS.
H. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal year.
1. College Courses
NBFMA 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
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completion of the course. Successful completion means a grade of "C" or better
for undergraduate courses and a grade of "B" or better for graduate courses. All
claims for tuition reimbursement require the approval of the Human Resources
Director.
2. Non -College Courses
NBFMA 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 and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written communications,
conflict resolution, fire ground operations, rescue systems, legal issues, media
relations, risk management, 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 Chief before submittal to Human Resources.
I. Annual Phvsical Examinations
All NBFMA members shall participate in the Department Fitness Program as outlined
in Department SOP.
J. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on an "as
needed" basis. NBFMA members shall wear City provided workout apparel when
working out on duty.
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
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•
extent feasible, on the basis of seniority within a particular Classification or Series and
this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' 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:
Credit shall be given only for continuous service (as described in the
next paragraph) subsequent to the most recent appointment to
regular status in the Classification or Series;
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 any Classification,
seniority shall mean the time an employee has worked within any
Classification within the Series.
c. "Classification" shall mean one full time position identical or similar in duties
and embraced by a single job title authorized in 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. In this bargaining unit, there is one "Series" made up of one classification
represented by the Association — Fire Battalion Chief.
e. In this bargaining unit, since the Series consists of only one classification
(Battalion Chief) "Bumping Rights", "Bumping" or "Bump" shall mean the
right of a Battalion Chief who is subject to layoff to displace a less senior
employee in a lower Classification which he/she has held in the Department.
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 re -certified as an EMT or 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 Battalion Chiefs,
the following procedures are applicable:
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a. Battalion Chiefs shall be laid off in inverse order of seniority;
b. A Battalion Chief shall have the right to Bump a less senior employee in a
lower ranking Classification which he/she has held within the Department if
he/she has more seniority which includes time in class as a Battalion Chief
and lower classifications held within the Department. 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.
c. In the event two or more Battalion Chiefs are subject to layoff and have the
same seniority, they 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 lay-off shall be given at least thirty (30) days advance notice
of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave, holiday leave (if any).
4. Re -Employment
Regular employees who are laid off shall be placed on a Department re-
employment list in reverse order of layoff. Re-employment lists will be valid for
two (2) years. The re-employment list shall remain in effect until exhausted by
removal of all names on the list. 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 past 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. Demotion
Regular employees who are demoted because of reduced staffing levels shall be
placed on a Department promotional list in reverse order of demotion. This
promotional list shall remain in effect until exhausted by removal of all names on
the list.
6. 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.
22
NBFMA MOU 2022-2026
8-31
B. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression battalion
chief position in the absence of available battalion chiefs.
C. Staff Assignment Schedule
NBFMA members assigned to staff positions shall have the option to work a 5/40, 4/10
or 9/80 schedule; the staff member and the Fire Chief must mutually agree to the
schedule selected prior to it becoming effective. The Fire Chief retains the right to
assign the staff member to a different schedule, or deny the member's request for a
change of schedule, if the Fire Chief determines that the member is not able to perform
their job duties or the operational needs of the department are not being met.
Employees will be given 2 weeks' notice if the Fire Chief determines a change in
schedule is needed in order to minimize disruption of the member's
personal/professional obligations. In addition, occasionally and at the discretion and
approval of the Fire Chief, unit employees (who are all FLSA exempt) working a 4/10
or 9/80 schedule may adjust their regularly scheduled day off if such change does not
disrupt departmental operations.
D. Consecutive Shifts
Members shall be limited to working four (4) 24-hour shifts in a row, after which time
the employee shall not work during the next consecutive 24-hour shift. Additional
consecutive shifts may be permitted with Fire Chief or designee approval, based upon
exigent circumstances.
E. Reauirement to Live Within 150 Miles of Citv Limits
Employees hired as full-time unit members on or after July 1, 2019 are required to
live within 150 miles of the City limits.
Signatures on the following page
23
NBFMA MOU 2022-2026
8-32
Executed this day of June, 2022.
FOR THE NEWPORT7CH FIRE MANAGEMENT ASSOCIATION:
By: 2
Briary'McDonough, President
L-03
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldoon, Mayor
F-11 a a -.100; a W31. I fel 0] "T
BY: -------
Charles Sakai, Special Counsel
ATTEST:
0
Leilani Brown, City Clerk
M,
NBFMA MOU 2022-2026
8-33
EXHIBIT A
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 2, 2022)
Fire Battalion Chief, 112 Hours 01 1
$
51.27
$
12,442
$
149,310
2
$
53.83
$
13,064
$
156,764
3
$
56.52
$
13,715
$
164,580
4
$
59.35
$
14,403
$
172,830
5
$
62.32
$
15,123
$
181,479
Fire Battalion Chief, Staff 04 1
$
77.17
$
13,376
$
160,517
2
$
81.04
$
14,046
$
168,555
3
$
85.09
$
14,749
$
176,982
4
$
89.34
$
15,485
$
185,822
5
$
93.81
$
16,261
$
195,127
Fire Battalion Chief, 80 hours 05 1
$
71.78
$
12,442
$
149,309
2
$
75.37
$
13,064
$
156,764
3
$
79.12
$
13,715
$
164,580
4
$
83.09
$
14,403
$
172,831
5
$
87.25
$
15,123
$
181,479
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
25 NBFMA MOU 2022-2026
8-34
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 15, 2023)
Fire Battalion Chief, 112 Hours 01 1
$
52.30
$
12,691
$
152,296
2
$
54.91
$
13,325
$
159,899
3
$
57.65
$
13,989
$
167,872
4
$
60.54
$
14,691
$
176,287
5
$
63.57
$
15,426
$
185,109
Fire Battalion Chief, Staff 04 1
$
78.72
$
13,644
$
163,727
2
$
82.66
$
14,327
$
171,927
3
$
86.79
$
15,043
$
180,522
4
$
91.12
$
15,795
$
189,538
5
$
95.69
$
16,586
$
199,030
Fire Battalion Chief, 80 hours 05 1
$
73.22
$
12,691
$
152,296
2
$
76.87
$
13,325
$
159,899
3
$
80.71
$
13,989
$
167,871
4
$
84.75
$
14,691
$
176,288
5
$
88.99
$
15,426
$
185,109
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
26 NBFMA MOU 2022-2026
8-35
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 13, 2024)
Fire Battalion Chief, 112 Hours 01 1
$
53.35
$
12,945
$
155,342
2
$
56.01
$
13,591
$
163,097
3
$
58.80
$
14,269
$
171,230
4
$
61.75
$
14,984
$
179,813
5
$
64.84
$
15,734
$
188,811
Fire Battalion Chief, Staff 04 1
$
80.29
$
13,917
$
167,002
2
$
84.31
$
14,614
$
175,365
3
$
88.53
$
15,344
$
184,133
4
$
92.95
$
16,111
$
193,329
5
$
97.60
$
16,918
$
203,010
Fire Battalion Chief, 80 hours 05 1
$
74.68
$
12,945
$
155,341
2
$
78.41
$
13,591
$
163,097
3
$
82.32
$
14,269
$
171,229
4
$
86.45
$
14,984
$
179,813
5
$
90.77
$
15,734
$
188,811
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
27 NBFMA MOU 2022-2026
8-36
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 12, 2025)
Fire Battalion Chief, 112 Hours 01 1
$
54.41
$
13,204
$
158,449
2
$
57.13
$
13,863
$
166,359
3
$
59.98
$
14,554
$
174,654
4
$
62.98
$
15,284
$
183,409
5
$
66.14
$
16,049
$
192,587
Fire Battalion Chief, Staff 04 1
$
81.90
$
14,195
$
170,342
2
$
86.00
$
14,906
$
178,872
3
$
90.30
$
15,651
$
187,815
4
$
94.81
$
16,433
$
197,196
5
$
99.55
$
17,256
$
207,071
Fire Battalion Chief, 80 hours 05 1
$
76.18
$
13,204
$
158,448
2
$
79.98
$
13,863
$
166,359
3
$
83.97
$
14,554
$
174,653
4
$
88.18
$
15,284
$
183,410
5
$
92.59
$
16,049
$
192,587
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
28 NBFMA MOU 2022-2026
8-37
ATTACHMENT C
City of Newport Beach
Fire Management Association - Tentative Agreement
May 24, 2022
Key Contract Terms
Cost of Living Adjustment 2.00% 2.00% 2.00% 2.00%
Other Proposals
Scholastic Pay for Masters Degree 7.00%
Signing Bonus $2,000/member
Disability Premiums Paid by the City 1% Deduction Eliminated
Summary of Proposal Cost 1
Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Cafeteria Plan
Other City Paid Benefits Z
SubTotal
Proposals
Signing Bonus
Disability Premiums
SubTotal
Total
Cumulative Impact on Employee Compensation
Base Salary Increase
Total Compensation Increase
Total Ongoing Compensation Increase 4
$704,311
$14,086
$28,454
$43,109
$58,058
$143,708
91,864
7,080
9,059
11,078
13,136
$40,353
403,827
8,077
16,315
24,717
33,288
$82,397
115,127
3,061
5,424
8,002
10,632
$27,119
94,536
-
-
-
-
$0
63,909
1,199
2,345
3,515
4,708
11,768
$1,473,574
$33,502
$61,598
$90,422
$119,822
$305,344
8,000
-
-
-
8,000
4,598
4,690
4,783
4,879
18,950
-
12,598
4,690
4,783
4,879
26,950
$ 1,473,574 $
46,100 $
66,287 $
95,205 $
124,701 $
332,294
2.00%
4.04%
6.12%
8.24%
3.13%
4.50%
6.46%
8.46%
2.59%
4.50%
6.46%
8.46%
Notes
1 Costs shown in year two reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
Z Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings.
3 Percentage shown in each year is as compared to current base salary, not the prior year.
° 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.
There are 4 FTE positions in this group.
8-38
�c�wW�ORr
City of Newport Beach ATTACHMENT D
= BUDGET AMENDMENT
`'uFoaN`P 2022-23 BA#: 23-002
Department: Human Resources
ONE TIME: ❑ Yes 0 No
Requestor: Barbara Salvini
Approvals
CITY MANAGER'S APPROVAL ONLY
Finance Director: Date
6/3/2022
o COUNCIL APPROVAL REQUIRED )City Clerk: Date
increase salary & benefit appropriations to fund the new MOU with Newport Beach Fire Management Association
BFMA).
❑ from existing budget appropriations
❑ from additional estimated revenues
0 from unappropriated fund balance
REVENUES
Fund #
Org
Object Project
Description
Increase or (Decrease) $
Subtotal $
EXPENDITURES
Fund #
Org
Object Project
Description
Increase or (Decrease) $
010
01040401
711002
FIRE OPERATIONS - SALARIES SAFETY
14,224.05
010
01040401
712009
FIRE OPERATIONS- SCHOLASTIC ACHIEVEMENT
6,017.69
010
01040401
712012
FIRE OPERATIONS - HOLIDAY PAY SAFETY
699.79
010
01040401
712019
FIRE OPERATIONS - SAFETY CERTIFICATION PAY
368.26
010
01040401
722002
FIRE OPERATIONS - PENSION EE NORMAL COST SAFETY
1,917.88
010
01040401
723003
FIRE OPERATIONS - PENSION ER NORMAL COST SAFETY
4,134.10
010
01040401
724002
FIRE OPERATIONS - PENSION EE CONTRIB SAFETY
(3,111.23)
010
01040401
727016
FIRE OPERATIONS - MEDICARE FRINGES
426.10
010
01040401
728003
FIRE OPERATIONS - COMPENSATED ABSENCES
497.84
010
01040401
727017
FIRE OPERATIONS - PARS DC 401A
281.72
010
01040401
713003
FIRE OPERATIONS - OVERTIME PLANNED
8,076.54
010
01040401
714001
FIRE OPERATIONS - LUMP SUM PAYMENT
8,000.00
Subtotal 41,532.75
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND - FUND BALANCE CONTROL
(41,532.75)
Subtotal $ (41,532.75)
Fund Balance Change Required
8-39