HomeMy WebLinkAbout13 - Tentative Agreement with the Newport Beach Fire AssociationQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
April 29, 2025
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director - 949-644-3259,
bsalvini@newportbeachca.gov
TITLE: Tentative Agreement with the Newport Beach Fire Association
ABSTRACT -
The Memorandum of Understanding (MOU) between the City of Newport Beach and the
Newport Beach Fire Association (NBFA) expires on December 31, 2025. At the direction
of the City Council, City and NBFA representatives began meeting and conferring in good
faith on wages, benefits and other terms and conditions of employment in order to
implement a successor agreement with enhanced benefits prior to the current MOU's
December 31 expiration date.
A Tentative Agreement on the terms of a successor MOU has been reached. In
furtherance of the City Council's goal to provide transparency in the negotiations process,
the Tentative Agreement and its associated cost are being presented for public review
and comment. The final MOU, which spans the time period May 3, 2025 through
June 30, 2028 will be presented for the City Council consideration at its May 13, 2025
regular meeting.
RECOMMENDATIONS:
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 Fire Association.
DISCUSSION:
The NBFA is a recognized employee association and represents approximately 125
employees, including 118 safety members and seven non -safety members.
City and NBFA representatives met several times to discuss the terms of a successor
agreement. Topics discussed during negotiations included wage and equity adjustments,
leaves, certification pay, longevity pay, medical insurance and other, non -economic
matters.
13-1
Tentative Agreement with the Newport Beach Fire Association
April 29, 2025
Page 2
Clarifying language to existing provisions was added where necessary.
Salient provisions of the Tentative Agreement between the City and NBFA include:
• Term - Approximately three years, expiring June 30, 2028.
• Wage adjustments -
o First full pay period after May 1, 2025 — 4%
o First full pay period following July 1, 2026 — 4%
o First full pay period following July 1, 2027 — 4%
• Equity Adjustment for Safety Classifications - Effective the first full pay period after
May 1, 2025, the base salary for represented safety classifications will increase by
2%.
• Longevity Pay Adjustments for Safety Classifications - Adjustments to existing
longevity pay for safety classifications will provide an additional 5% for those with at
least 15 years of service but less than 20 years of service. Safety members with
20 or more years of service will receive an additional 10%.
• Medical Insurance — The City will contribute $2,224 per month (plus the minimum
CalPERS participating employee contribution) to each member's cafeteria plan.
• Holidays — Because safety line members are expected to work without regard to
City -recognized holidays, all holidays will be provided as cash with no option to take
holidays as time off.
• Non -Accruing Leave Bank — Safety line employees will receive 48 hours annually of
paid leave. The hours do not accrue, have no cash value, and are nontransferable.
A draft version of the Tentative Agreement between the City and NBFA is included as
Attachment A with changes from the current agreement in redline. Costing information is
included as Attachment B. The total cost of the contract is approximately $12.5 million.
NBFA has informed the City that its members have voted to approve the agreement.
Following City Council review of the Tentative Agreement and proposed MOU with NBFA,
a final version of the successor MOU will be presented at the May 13, 2025 regular
City Council 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., the City Council, takes action to adopt it. If the City Council approves
adoption of the Tentative Agreement with NBFA at the May 13, 2025 meeting, City staff
will work to implement the provisions as soon as practicable.
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Tentative Agreement with the Newport Beach Fire Association
April 29, 2025
Page 3
FISCAL IMPACT:
Detailed cost information is provided in Attachment B. Since the MOU covers the period
from May 3, 2025, through June 30, 2028, it will result in the following annual fiscal
impacts to implement the terms of the agreement, totaling $12,464,969:
2024/25
$422,413
2025/26
2,745,685
2026/27
3,995,326
2027/28
5,301,545
Sufficient projected unassigned General Fund balance reserves are available to support
the required appropriations. Following the City Council's consideration of the Tentative
Agreement, staff will return with a budget amendment in the amount of $422,413 to
appropriate the funds needed to cover the cost of the contract for the current fiscal year.
Adequate funding will be included in the annual budgets for subsequent years.
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.
�lei IEel 10Les
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Tentative Agreement and Proposed MOU Between the City and
NBFA (Redline)
Attachment B — Estimated Cost of Contract with NBFA
13-3
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
�0�
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
�,
304-2202 2028
NBFA MOU 20252-202&5
13-4
Page 11
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") 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).
This MOU, upon approval by NBFA 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 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 Classifications:
Fire Captain
Fire Engineer
Firefighter Paramedic
Firefighter
Non -Safety
Classifications:
Fire Services Coordinator
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
A
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
May 3--, 20252. This MOU shall remain in full force and effect until
JuneDeGember.Dem nbe Iunor 304-, 2025-8 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.
NBFA MOU 20252-202£3;=;
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Page 12
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, 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"):
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.
c.
To travel to and attend scheduled meetings between the City and NBFA
during the meet and confer process.
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 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.
NBFA MOU 20252-20285
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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
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.
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
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 NBFA business, meetings,
or events. All materials posted on bulletin boards by the NBFA shall indicate that the
NBFA MOU 20252-20285
13-7
Page 14
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 city emailelec niG mail (E Mai" 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 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.
I. 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
NBFA MOU 20252-20285
13-8
Page 15
written document executed by authorized representatives of the parties.
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.
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 first full pay period following januapy 1, 202 May 1, 2025, there shall
be a base salary increase of four two percent (24%) for all represented
classifications. individuals must be employethe City on the fist clay o
COLA.
NBFA MOU 20252-20285
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Page 16
2. Effective the first full pay period following January 1,-2022July 1, 2026, there shall
be a base salary increase of four theee percent (431/6) for all represented
classifications.
3. Effective the pay period following JjLlyaaaery 1, 20274, there shall be a base salary
increase of four three percent (43%) for all represented classifications.
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Equity Adjustment:
Effective the first full pay period following May 1, 2025, all Safety classifications in the
bargaining unit shall receive a two percent (2%) equity adjustment to base salary. This
increase shall not compound with the simultaneous base salary increase provided above
in Section 2.A.1.
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
benchmark classification and the other safety classifications represented by
NBFA, as set forth below, to maintain an appropriate internal relationship. Subject
to the foregoing, the salaries speGif ed below PAP total Eempensatien, as
apl)Mpriate, shall be subjeet to the following minimum salary differentials shall be
maintained: between nlassifiGatien-m
Fire Classification Series
Variance
Firefighter
NIA
Fire Engineer
12.50%
NBFA MOU 20252-20286
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Page 17
Firefighter Paramedic, hired on/after 1-1-
2016
17.25 %
Firefighter Paramedic, hired before 1-1-2016
22.25 %
Fire Captain
32.00%
Training Fire Captain
39.50%
2. The Training Fire Captain shall be assigned to routinely and consistently train
employees. Training Fire Captains shall receive an additional 7.5% of base pay over
Line Fire Captains. Assignment as a Training Fire Captain is for a maximum of two
years unless extended by the Fire Chief.
C. 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.
D. PROBATIONARY FIREFIGHTER TRAINING STEP
Probationary Firefighters will be placed at the Training Step (Step "407) 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 Firefighter hired after January 8, 2019 is 12 months.
E. 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
NBFA MOU 20252-20285
13-11
E
than the Allowance.
3.2. Qualified employees who volunteer to work overtime in a lower classification than
their current position (downgrade) may 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 members who downgrade to the
position of Firefighter, Fire Engineer or Firefighter Paramedic.
4:3. 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. 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, uniform jackets 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 Chiefs discretion. This equipment will be used to temporarily replace an employee's
personal turnout 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 for
safety employees as ef-$1,519 annually, and $1,169 for non -safes employees f0F eaGR
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 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, i.e.,
safety boots and turnout gear.
G. SCHOLASTIC/CERTIFICATE ACHIEVEMENT PAY
NBFA MOU 20252-20285
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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 Training Council. Unit members
shall receive scholastic and/or certificate achievement pay in accordance with the following:
1. Scholastic Pay
College
Semester/Unit:
30
60
90
120
A.A./A.S.
B.A./B.S.
2. Certificate Achievement Pay
% of Actual Step in
Job Class Range:
1.5%/month
2.5%/month
3.5%/month
4.5%/month
3.5%/month
5.5%/month
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 MOU 20252-20285
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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.
H. SPECIAL ASSIGNMENT PAY
The following additional payments shall be made to certain Unit members based on
assignment:
1. Individuals properly trained and assigned by the Department to perform special
assignments shall be compensated as follows:
Maximum Compensation
Assianment Number* L% of base pav)
Shift Fire Investigator 6 5%
Radio/MDC 1 5%
SCBA 3 2%
Turnout Coordinator 1 '' }%
Map/Preplan
Special assignment compensation shall cease when individuals are no longer assigned
to performing the assignment.
Employees who enter the abeve assignments on or after january 1, 2022, will
--- 1--ed for three years, after whiGh they will rotate out of their aSSOgRrnent of qualif
I �t�!.ements have been seleGted through an informal intewiew preGeSS. The Fire Chief
shall have the eptien to extend the assignment fer ene three year Selections
for special assignments will be selected through an informal interview process. Removal
from- any of these special assignments of the end of the preonrihed term shall be at the
discretion of the Chiefs- and 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 CalPERS 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
NBFA MOU 20252-20285
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Page Ill
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.
I. TEMPORARY UPGRADING OF EMPLOYEES
1. Temporary vacancies in line positions shall be filled selected in accordance with the
Department's Standard Operating Procedures
4--.2. 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 her current classification. A
move -up employee shall meet the minimum requirements for the position to which
they are moved up4e.
Assignments to a move -up position shall be made by a Battalion Chief, Assistant Chief
or Fire Chief. Move -up assignments shall be deemed "Acting Appointments" after an
employee has worked six (6) consecutive move -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 priorto January 1, 2016)
Regular Rate + 22.5%
to Firefighter Paramedic
Firefighter (hired on or after January 1, 2016)
Regular Rate + 17.25%
to Firefighter Paramedic
Firefighter to Captain
Regular Rate +5%
Engineer (hired prior to January 1, 2016) to
Regular Rate +9.75%
Firefighter Paramedic
Engineer (hired after January 1, 2016) to
Regular Rate +5%
Firefighter Paramedic
Engineer to Captain
Regular rate +5%
Firefighter Paramedic to Captain
Regular rate +5%
Captain to Battalion Chief
Regular rate +9955%
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 position shall- 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:
NBFA MOU 20252-20285
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Page 112
Fire Battalion Chief
Fire Captain
Firefighter 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 permitted by law, and 'n aGGerdaRGe VA`to the extent
permitted by 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. In addition,
tThe employee must be performing 100% of the duties in the higher classification for
temporary upgrade pay to be reportable.
1 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. All acting
appointees must satisfy the minimum requirements for the position to which they are
appointed. Flex leave used while working in an acting 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.
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 Depa4ment Di -eGte
Chief and approval by the City Manager.
The parties agree that to the extent permitted by law, and ,n-accordanGe withto the
extent permitted by 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
NBFA MOU 20252-20285
13-16
Page 113
compensation to CalPERS. The employee must be performing 100% of the duties in
the higher classification for temporary upgrade pay to be reportable.
Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five percent (5%) pay differential
over their regular rate of pay for all time worked in this job GIaSSifiGa#G iaSSignment if they
are assigned to workin #his in the assignment 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 CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4)
and 571.1(b)(3) Special Assignment Pay.
�7.J. 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.
JK. 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.
"'.i . 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.
1-JA,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
NBFA MOU 202,'>2—2028
13-17
Page 114
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 pursuantto Title 2 CCR,
Section 571(a)(4) and 571.1(b)(3) Bilingual Premium.
JIV47N.
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.
N-.O. LONGEVITY PAY
Safety:
Completed Years of Service Longevity Pay
156 but less than 54-5%
20 and over but 102-.5%
5 and eve 3.5%
Non -Safety:
Completed Years of Service Longevity Pay
16 but less than 1.5%
20 but less than 2.5%
25 and over 3.5%
These pays are not cumulative (e.a. at 20 vears. total lonaevitv aav for Safetv will be
10%, and for Non -Safety at 25 years, longevity pay will be 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).
NBFA MOU 20252-20285
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Page 115
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SECTION 3. LEAVES
A. FLEX LEAVE
1. Unit members shall accrue flex leave as follows as set forth in the chart below. The
amounts t are lisped in the L lumn-en "MaAmurn Mcr ludo hc.— e
the amount ef heliday time whioh the parties have agreed that empleyees may aGGFue
FeFSecti slid
NBFA MOU 20252-20285
13-19
Page 116
Leave Accrual Maximum Accrual
Years of Srvc Hrs/Pav 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
Staff and Non -Safety Employees:
1 but less than 5
6.97
568.36
5 but less than 9
7.63
602.68
9 but less than 12
8.33
639.08
12 and over
8.95
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 on eXGeSs ef the maximum perm.tted is GUrFeRtly pand4)-i-
wee ly at the member's heudy 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.
NBFA MOU 20252-20285
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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. Flex leave may be taken in four (4) hour
increments.
e. 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.
B. HOLIDAY TIME
1. Line Employees
The provisions of this subsection shall apply only to Unit members who are line
employees_ , as te these mernbeFs who
are line employees fOF only a P-er-tion of the year, the PFOVisiens of this subseGtion s
he appliGable on a nre_ro. . icy Unit members who are line employees shall ar.rr„e
holiday time at the rite of 5 F4^ hours per ' ' rerierl All Unit line employees work in
positions that must work without regard to holidd ys. Thus in lieu of the eight (8)
holidays identified below (valued at 24 hours per holiday), line Unit employees shall
receive holiday in lieu pay equal to the value of 7.38 hours per pay period. Holiday
tome shall be added to the member's Flex leave AE;ceunt on a -
Holidays for Line Employees:
New Years' Day, Martin Luther Kinq Birthday, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Christmas Day.
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.
.._
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2. Staff Employees
NBFA MOU 20252-20286
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Page 118
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 -safety
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 CalPERS 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.
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 and non -safety
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.
NBFA MOU 20252-20285
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Page 119
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 grandchildren, and grandparents, and the employee's spouse/domestic partner's
mother, father, brother, sister, child, grandchildren and grandparent. An employee requesting
bereavement leave shall notify his/her supervisor as soon as possible of the need to take
leave.
D. CATASTROPHIC LEAVE
Unit members may participate in the City's Catastrophic Leave Program in the City of
Newport Beach Administrative Procedure.
E. 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 fromfefm service. Employees
shall provide proof of jury service signed by the jury 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 jury duty on any regularly scheduled workday shall contact their supervisor to
find out when they are required to return to work.
F. WORKER'S COMPENSATION LEAVE
The City will comply with the provisions of Labor Code section 4850 for workers'
compensation claims.
G. SCHEDULING OF MEDICAL TREATMENT FOR INDUSTRIAL INJURIES
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
NBFA MOU 20252-20285
13-23
Page 120
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. REASSIGNMENT
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, hewever,
to either receive
Flex leave aGGeURt With the exception of Holiday Time, tThe ratio for conversion of staff
employee benefits to line employee benefits shall be 7/5 and the ratio for converting line
employee benefits to staff employee benefits shall be 5/7. For Holiday Time, the ratio for
conversion of staff employee benefits to line employee benefits shall be 1.86 and the ratio
for converting line employee benefits to staff employee benefits shall be 0.54.
I. 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.
J. NON -ACCRUING LEAVE (NAL) BANK FOR LINE EMPLOYEES
Line emplovees shall receive fortv-eiaht (48) hours annually of paid leave in the first full pav period
following May 1, 2025, and in subsequent years, in the pay period which includes July 1. The hours
do not accrue, have no cash value, cannot be transferred to any other leave bank and must be
used by the pay period before the pay period which includes July 1, at which time any remaining
hours will be depleted. Use of NAL is subject to supervisory approval.
NBFA MOU 20252-20285
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Page 121
SECTION 4. FRINGE BENEFITS
A. INSURANCE
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of one
representative from each employee association group and up to three City
representatives. The Benefits Information Committee has been established to allow the
City to present data regarding carrier and coverage options, the cost of those options,
appropriate coverage levels and other health programs. The purpose of the SIC 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 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.
Employees shall be allowed to change coverages in accordance with plan rules and
during regular open enrollment periods.
Effective May 3, 2025 and for the duration of this agreement, he City's monthly
contribution towards the Cafeteria Plan is 24 2 224.00 (plus the minimum CalPERS
participating employee's contribution). Temporary InGrase E ffeGti„e the pay period thnt
centribut'en tewards the Cafeteria Plan deGreases te $1,924.00 (plus the Minimum
GaIPERS participating eMplr`yeF'o nnntributinn\
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.
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 ("MEQG" )' 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 samesuch employees, if
they elect medical coverage and spend less than $1,924.00-(plus the minimum CalPERS
Participating employer's contribution) of the City contribution provided above, the
NBFA MOU 20252-20285
13-25
Page 122
difference these unused nafeteria plan fund o 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 MECG 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 suchthese 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 employees hired by the City prior to January 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 coverage elected is less than the City contribution.
2. Full-time employees 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 coverage elected is less than the City contribution.
3. Full-time employees 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 Denember June 304, 20280, the City's cafeteria benefit plan is
_determined to be a bona fide plan by a court of competent jurisdiction or formal
legal opinion a GOUFt of oomnetent urisdiotiop or formal legal opinion determined
that the Gity'd nafeteria benefit plan is a benaand the City determines, on that
basis, -fide plan 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 parties agree to reopen to negotiate regarding the Association's
request to reduce the 7% contract overtime offset in MOU section 2.E.1.Gity-will
the Femain i ng teFFn of the agFeemeent (full years only), beginning with the fiFSt day
4 aroed of the month following the day it beGOmes bona fide and paid bii
weekly. Examples- If the GafeteFia benefit --plan -beGvmes bona fine d Rg
.7
month yOnrdanuary of 2024(Year 3) and bar- $100 per month in January of 2025
(YeaF 4). if the Gafeteda benefit plan ernes bona fide in MarGh of 022, the
,
$677 per month beginning in April of 2022 and nentin„inn through the end of 2023
NBFA MOU 20252-20286
13-26
Page 123
■_WIMIM P.4._
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.
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 childcare 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, childcare and other eligible expenses be paid or reimbursed
by the City out of the employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)disability insurance to
all regular full-time employees with the following provisions:
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)
Employees shall not be required to exhaust accrued paid leaves prior to receiving
NBFA MOU 20252-20285
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Page 124
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 V ,000
increments equal to one times the employee's annual salary up to a maximum benefit 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
1. 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:
Tier I ("Legacy"1: 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
NBFA MOU 20252-20285
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Page 125
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 n^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:
All members in Tiers I and HJI-i 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.
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.
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 rate to
achieve a total contribution of 13.5% of pensionable compensation.
b. Non -Safety
Tier I:
Tier I employees shall contribute eight percent (8%) of compensation earnable
pensionable compensation for the CaIPERS member contribution, an additional
2.42% of compensation earnable as cost sharing pursuant to Government Code
section 20516(a) and an additional 2.58% of compensation earnable as cost sharing
pursuant to Government Code §20516(f). Employees shall contribute a total of 13.0%
of compensation earnable for retirement contributions.
Tier II:
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%) as cost sharing per Government Code section 20516(f).
Tier III
NBFA MOU 20252-20285
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Page 126
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 V -111 and .111111). 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
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 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
NBFA MOU 20252-20286
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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).
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 1 st 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
NBFA MOU 20252-20285
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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 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
NBFA MOU 20252-20285
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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.
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 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
NBFA MOU 20252-20285
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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. 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
Subject to the limitation above, Vunit 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.
2. Non -College Courses
Subiect to the limitation above, Uunit members attending job -related classes, courses,
and seminars given by recognize -a' 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
NBFA MOU 20252—202M,
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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.
H. FITNESS PROGRAM
All unit members shall participate in the Department Fitness Program as outlined in
Department SOP.
PHYSICAL CONDITIONING EQUIPMENT
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 to $10,000 maybe 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.
NBFA MOU 20252-20285
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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:
Credit shall be given only for continuous service 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.
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 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:
NBFA MOU 20252-20285
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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.
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 DireGte Chief 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.
NBFA MOU 20252-20285
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Page 134
B. DISCIPLINE PLAN
Any discipline shall be in accordance with Department SOP and the Employee Policy
Manual.
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-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 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.
NBFA MOU 20252-20285
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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 bar 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 the interpretation and/or application of any 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-hour shift. A 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.
L. OVERPAYMENT
Employees will be notified by Payroll or Human Resources prior to the recovery of
overpayments on paychecks. Recovery of more than 15% of net pay will be subject to a
repayment schedule established by the appointing authority under guidelines issued by
the Finance Department or Human Resources. Such recovery shall not exceed 15% per
month of disposable earnings, as defined by State law, except a mutually agreed upon
accelerated payment plan for faster recovery.
Recoupments under this section shall be limited to forty-eight (48) months. However,
nothing in this section is intended to preclude the City from seeking recoupment of
overpayments due to fraud or other knowing concealment through any available legal
forum.
NBFA MOU 20252-20285
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Signatures are on the next page.
NBFA MOU 20252-20285
13-40
For the Association:
For the City:
Ellz&th Silver
Ell M!, Silver 11, 21, 2025-12 PDT)
Elizabeth Silver
Chief Negotiator
Date: 04/21/2025
Io�than V. Hallman Apr 2 I, 202510'.51 POT)
Jonathan V. Holtzman
Chief Negotiator
Date: 04/21/2025
13-41
2025-2028 NBFA MOU Final Redline - 04.21.25
632pm
Final Audit Report
Created: 2025-04-22
By: Luke Jensen (Ijensen@publiclawgroup.com)
Status: Signed
Transaction ID: CBJCHBCAABAAxUgCAOENjQSbaWEX7W3sFxtRY8cd8gTu
2025-04-22
"2025-2028 NBFA MOU Final Redline - 04.21.25 632pm" History
,J Document created by Luke Jensen (Ijensen@publiclawgroup.com)
2025-04-22 - 1:46:11 AM GMT
Document emailed to Jonathan V. Holtzman (JHOLTZMAN@PUBLICLAWGROUP.COM) for signature
2025-04-22 - 1:46:17 AM GMT
Document emailed to Elizabeth Silver (esilver@rlslawyers.com) for signature
2025-04-22 - 1:46:17 AM GMT
Email viewed by Jonathan V. Holtzman (JHOLTZMAN@PUBLICLAWGROUP.COM)
2025-04-22 - 1:47:07 AM GMT
&0 Document e-signed by Jonathan V. Holtzman (JHOLTZMAN@PUBLICLAWGROUP.COM)
Signature Date: 2025-04-22 - 1:51:38 AM GMT - Time Source: server
Email viewed by Elizabeth Silver (esilver@rlslawyers.com)
2025-04-22 - 3:48:56 AM GMT
00' Document e-signed by Elizabeth Silver (esilver@rlslawyers.com)
Signature Date: 2025-04-22 - 3:52:42 AM GMT - Time Source: server
Agreement completed.
2025-04-22 - 3:52:42 AM GMT
Adobe Acrobat Sign
ATTACHMENT B
Estimated Cost of Contract with NBFA
13-43
City of Newport Beach
NBFA MOU
April 29, 2025
Key Contract Terms
COLA
4.00% 4.00% 4.00%
Equity Adjustment for Sworn
2.00% - -
1.5% @ 16 Years
@ Years
Longevity Pay
2.5% @ 20 Years
10%
0% @ 20 Years
3.5% @ 25 Years
Medical Insurance'
7/1/25 Additional $300/month (No Cash Back)
Move -Up Assignment Pay for Captain to Battalion Chief
5%
9.50%
Convert Map/Preplan Pay to Turnout Coordinator Pay
2% for Map/Preplan
5% of Base Pay for Turnout Coordinator
Holiday Time to Cash
48 Hours
Impact on OT from Converting Holiday Time to Cash
-48 Hours
NAL Bank
48 Hours
Summary of Proposal Cost Z
Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Medical Insurance
Other City Paid Benefits 3
SubTotal
$16,187,981
$955,536
$1,641,277
$2,354,447
1,487,419
837,992
954,687
1,082,548
6,395,443
160,006
422,223
694,930
3,020,793
180,559
308,790
442,151
3,121,500
160,809
160,809
160,809
1,005,393
450,784
507,539
566,659
$31,218,529
$2,745,685
$3,995,326
$5,301,545
Cumulative Impact on Employee Compensation
Base Salary Increase °
Total Compensation Increases
5.90%
8.80%
10.14%
12.80%
14.54%
16.98%
Key Contract Terms
COLA
1,144,006
2,304,231
3,510,960
Equity Adjustment
490,017
490,017
490,017
Longevity Pay
516,792
569,984
631,801
Medical Insurance
160,809
160,809
160,809
Move -Up Assignment Pay
666
720
777
Convert Map/Preplan Pay to Turnout Coordinator Pay
4,218
4,495
4,783
Holiday Time to Cash
269,958
290,532
311,930
Impact on OT from Converting Holiday Time to Cash
(223,721)
(223,721)
(223,721)
NAL Bank
382,940
398,258
414,188
2,745,685
3,995,326
5,301,545
Notes
' Assumes maintaining the current level of funding, plus an additional $300 per month in health insurance benefits, effective May 2025.
Z Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
3 Includes Medicare, Compensated Absences, Retiree Health Savings, Defined Contribution Plan, Life Insurance, and EAP.
4 Percentage shown in each year is as compared to current base salary, not the prior year.
5 Measured based on the total of all pay and benefits. Percentage is as compared to current total compensation, not the prior year.
6The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 3, 2025, the
additional expense for FY 2024-25 is $422,413.
13-44