HomeMy WebLinkAbout10 - Firefighters AssociationJune 14, 1999
Agenda Item No. 10
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management • Human Resources • Fiscal Services • M.I.S. • Revenue • Accounting
June 14, 1999
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: Dennis Danner, Administrative Services Director 4,
SUBJECT: MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH
FIREFIGHTERS ASSOCIATION (NBFA)
BACKGROUND:
The current agreement with the Firefighters Association expired on December 31, 1998. The
terms of the agreement were extended through the current time with the mutual consent of the
City and the Association while negotiations were going on for a new agreement. In addition, a
Supplemental 1997 MOU, which affects the expiration of a "salary formula" will continue to be
in effect until July 1, 2001.
• The City and the Association reached a tentative agreement for a new contract covering the
period from January 1, 1999 through December 31, 2001. Following are the significant
conditions of this agreement:
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PROPOSED NEW AGREEMENT:
1. Compensation Adjustments:
A. Effective the first pay period of January, 1999 the firefighter classification will
receive a base salary increase of 2.5% with increases to other represented
classifications pursuant to the matrix below:
Classification
Firefighter
Engineer
Paramedic
Fire Specialist III
Line Captain
Staff Captain
Dep. Fire Marshal
Percent of
Firefighter
Ton Step
N/A
112.5%
122.25%
125%
132%
Line Capt. + 7.5%
Line Capt. + 7.5%
June 14, 1999
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B. Effective the first pay period in January 2000 the firefighter classification will .
receive a base salary increase of 2.5% with increases to other represented
classifications pursuant to the matrix above.
C. Effective the first pay period in January 2001 the firefighter classification will
receive a base salary increase of 3% with increases to other represented
classifications pursuant to the matrix above.
D. Additional increases (if due) shall be made each July of the agreement pursuant to
the Supplemental MOU dated June 23, 1997. This MOU affects the expiration of a
"salary formula" and which will remain in effect until July 1, 2001.
E. Scholastic Achievement Pay has been modified to be a percentage of base pay
instead of a flat dollar amount. The percentage will range from 1.5% to 6.5% based
on years of service and semester college units.
F. A new provision for acting pay has been added to the agreement. It provides for a
5% pay increase for time worked over four hours per shift in a higher classification.
G. Effective with this contract, employees shall accrue flex leave at a reduced rate
when they reach City longevity of sixteen (16) years or over. The longevity
payment ranges from 1% to 2.5% of base pay according to years of service.
2. Health Plan Adjustments: 0
A. Effective July 1, 1999 the City contribution to health, dental and vision premiums
will increase from $400 to $425 per month and on July 1, 2000 there will be an
additional increase to $450 per month.
B. The City and the Association agreed to meet jointly with the other bargaining
groups to explore the implementation of a qualified cafeteria plan.
3. Disability Insurance:
As with the non - safety associations, the Fire Association agreed to the revision of the
City's disability insurance program, including a thirty day waiting period and the
employee paid premium concurrent with a 1% salary increase as a reimbursement.
4. Additional Retirement Options:
This contract includes a clause that permits the Association to re -open negotiations on
additional PERS retirement plan options, should they become available. Any agreed
upon changes must be cost neutral to the City.
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June 14, 1999
Page 3
5. Fitness Program:
• Included in this contract is SOP VII P2001, Health and Fitness Evaluations Program.
This program has been in place for several years and based on its success and
desirability, it was mutually agreed to include it in the MOU.
6. Release Time:
Association leave for negotiation related purposes was increased from 70 to 100 hours
per calendar year. In addition, a Release Time Bank provision was created which
allows members to contribute earned paid time to the Bank for use by NBFA in
matters related to the scope of representation.
7. Pre - Hospital Emergency Medical Services System:
Per this agreement, the City will notify NBFA of any changes in this program that fall
within the scope of representation and provide the opportunity to meet and confer on
it. Further, if the BLS Ambulance program is not converted to an ALS Unit and
staffed appropriately by September 1, 1999, the Association shall have the right to re-
open negotiations on compensation for firefighters assigned to the BLS Ambulance.
8. Catastrophic Leave Policy:
The Unit may now participate in this program which details a method of providing
• contributed leave time for employees who run out of paid leave due to a non -work
related catastrophic illness or injury.
9. No Smoking Policy:
This addition to the contract mandates that all employees hired after January 1, 1999
shall not smoke or use any tobacco products at any time on, or off, duty.
10. Contract Re- openers:
The Unit agreed on re- opening negotiations on the following issues:
a) A reasonable suspicion drug testing policy;
b) If Social Security is mandated for public agencies;
c) Either party wishes to discuss sick leave usage /incentive issues.
RECOMMENDATION:
The cost to the City and overall terms of the proposed agreement are within the general
parameters established by the City Council at the outset of the negotiating season. Staff
recommends approval of the new MOU.
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MEMORANDUM OF UNDERSTANDING
• BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into
with reference to the following:
PREAMBLE
1. 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.
2. NBFA representatives and City representatives have reached a tentative agreement as to
wages, hours and other terms and conditions of employment for the period from January 1,
1999 to December 31, 2001 and this tentative agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFA during the meet and
. confer process leading to the adoption of the 1999 -2001 MOU.
4. This MOU, upon approval by NBFA and the Newport Beach City Council, and the
Supplemental Memorandum of Understanding dated June 23, 1997 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. 7173, 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 those classifications specified in
Exhibit "A" or as appropriately modified in accordance with the Employer/Employee
Resolution. All other classifications and positions not specifically included within Exhibit
"A" are excluded from representation by NBFA.
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C.
A
Duration of Memorandum.
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1. Except as specifically provided otherwise, any ordinance, resolution or action of the
City Council necessary to implement this MOU shall be considered effective as of
January 1, 1999. This MOU shall remain in full force and effect until December 31,
2001, and the provisions of this MOU shall continue after the date of expiration of
this MOU in the event the parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting provisions
of the Newport Beach City Charter, the ordinances, resolutions and policies of the
City of Newport Beach, and federal and state statutes, rules and regulations which
either specifically provide that agreements such as this prevail, confer rights which
may be waived by any collective bargaining agreement, or are, pursuant to
decisional or statutory law, superseded by the provisions of an agreement such as, or
similar to, this MOU.
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.
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. 7173 (copy attached as Exhibit 'B ").
Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire and Marine 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 shall indicate
the name of the organization responsible. 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 race, gender, ethnicity, religion or other
statutorily or constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E -Mail) shall not contain
personal attacks on any City official or employee, any material which constitutes
harassment, discrimination or retaliation on the basis of race, gender, ethnicity,
religion 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.
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E. Conclusiveness.
• This MOU contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the life of this MOU, neither party shall be compelled to meet and
confer concerning any issue within the scope of representation except as expressly provided
herein or by mutual agreement of the parties. No representative of either party has the
authority to make, and none of the parties shall be bound by, any statement, representation
or agreement reached prior to the execution of this MOU and not set forth herein.
F. Modifications.
Any agreement, alteration, understanding, variation, or waiver or modification of any of the
terms or provisions of this MOU shall not be binding upon the parties unless contained in a
written document executed by authorized representatives of the parties.
G. Savings.
Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree
of court of competent jurisdiction or other established governmental administrative tribunal,
such invalidation shall not affect the remaining portions of this MOU provided, however,
should the provisions of this MOU relating to salary increases, fringe benefits, or the
compensation policy be declared invalid the City shall provide alternative forms of
• compensation such that NBFA members suffer no financial detriment by virtue of the
decision or ruling with the manner and form of the compensation to be determined by the
parties after meeting and conferring in good faith.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express term of the
existing MOU has expired), the parties may agree on mediation pursuant to the procedure
outlined in Section 10 of Resolution No. 7173 or a successor resolution.
I. Definitions.
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFA member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any NBFA member who is assigned to work a
40 hour workweek.
3. The term "line employee" shall mean any NBFA member assigned to work an
average 56 hour workweek in 24 hour shift increments.
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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. Direct Wage Payments
1. Salary Adjustments
The adjustments to salary and total compensation described in this Section shall
maintain the salary differentials between the position of Firefighter (benchmark
position) and the other positions represented by NBFA, as set forth below, so there
is an appropriate internal relationship among the primary classifications represented
by NBFA. Subject to the foregoing, the salaries specified below or total
compensation, as appropriate, shall be subject to the following guaranteed
adjustments:
Percent of
Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of base pay
over Line Captains.
(a) Effective the first payroll period in January, 1999, the City shall increase
base salary for the firefighter classification by two and one half (2 1/2 %)
percent (with increases for other classifications pursuant to the matrix
above).
(b) Effective the first payroll period in January, 2000 the City shall increase base
salary for the firefighter classification by two and one half (2 1/2 %) percent
(with increases for other classifications pursuant to the matrix above).
(c) Effective the first payroll period in January, 2001 the City shall increase base
salary for the firefighter classification by three (3 %) percent (with increases
for other classifications pursuant to the matrix above).
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Firefighter
Top Step
Firefighter
N/A .
Engineer
112.50%
Paramedic
122.25%
Fire Specialist 111
125.00%
Line Captain
132.00%
Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of base pay
over Line Captains.
(a) Effective the first payroll period in January, 1999, the City shall increase
base salary for the firefighter classification by two and one half (2 1/2 %)
percent (with increases for other classifications pursuant to the matrix
above).
(b) Effective the first payroll period in January, 2000 the City shall increase base
salary for the firefighter classification by two and one half (2 1/2 %) percent
(with increases for other classifications pursuant to the matrix above).
(c) Effective the first payroll period in January, 2001 the City shall increase base
salary for the firefighter classification by three (3 %) percent (with increases
for other classifications pursuant to the matrix above).
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2. Subsequent Adjustments.
Additional increases (if due) shall be made July of each year of this agreement
pursuant to the supplemental Memorandum of Understanding between the City and
NBFA dated June 23, 1997.
3. Flex Leave Premium Pay Account.
NBFA members shall have the right to receive pay, at the rate of 109% of their then
current base salary, for any Flex Leave banked, up to a maximum of 78 times their
bi- weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay
Account). The Flex Leave Premium Pay Account balance shall be shown on each
members regular pay stub. The Flex Leave Premium Pay Account shall be reduced
in accordance with member purchases. Each member shall, upon termination,
resignation, retirement or other separation from service, receive terminal pay at the
rate of 109% of their then current base salary for all accrued Flex Leave to the full
extent of the remaining balance in the Flex Leave Premium Pay Account with any
remaining Flex Leave paid at the then current base salary. The provisions of this
section shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
4. Vacation Leave Premium Pay Account
. Members who are on the traditional Vacation/Sick Leave program as of June 30,
1994 shall be entitled to receive pay, at the rate of 109% of their then current base
salary, for any accumulated Vacation Leave up to a maximum of 52 times their bi-
weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave Premium
Pay Account). The Vacation Leave Premium Pay Account balance shall be shown
on each members regular pay stub. The Vacation Premium Pay Account balance
shall be reduced commensurate with member purchases. Each member shall, upon
termination, resignation, retirement or other separation from service, receive
terminal pay at the rate of 109% of their then current base salary for all accrued
Vacation Leave to the full extent of the remaining balance in the Vacation Leave
Premium Pay Account with any remaining Vacation Leave paid upon termination at
the then current base salary. The provisions of this section shall apply only to
members employed by the City of Newport Beach on or before June 30, 1994.
5. Scholastic Achievement Pay.
NBFA members are entitled to additional compensation contingent upon scholastic
achievement ( "Scholastic Achievement Pay "). NBFA members may apply for
increases pursuant to this Section when eligible and scholastic 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 NBFA member to apply for
Scholastic Achievement Pay. Approval of the member's application shall not be
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unreasonably withheld or delayed, and the member shall not be entitled to receive
scholastic achievement pay prior to the date the application is approved even though
the member may have been eligible prior to approval. Scholastic achievement pay is
contingent upon years of service and number of units and/or degrees received by the
employee. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. NBFA member shall receive
scholastic achievement pay in accordance with the following:
Years of
College
Monthly
Service:
Semester/Unit
Compensation:
2 or more
30
1.5% mo/base salary
3 or more
60
2.5% mo/base salary
3
90
3.5% mo/base salary
4 or more
90
3.5% mo/base salary
4
120
4.5% mo/base salary
4
B.A./B.S.
5.5% mo/base salary
4
M.A./M.S.
6.5% mo/base salary
Overtime - Hours Worked.
(a) Overtime shall consist of authorized work in excess of the normal number of
hours in any scheduled work shift or work in excess of the maximum number •
of hours permitted by the United States Department of Labor regulations for
up to a 28 day pay period. Use of Flex Leave, Vacation Leave, Holiday
Leave, and Sick Leave shall be considered as hours worked for the purposes
of determining eligibility for overtime pay pursuant to the Fair Labor
Standards Act and/or Department of Labor regulations.
(b) Temporary vacancies and line positions shall be selected in accordance with
Department S.O.P. 5.A.501 (Revised 2/5/98).
(c) Qualified employees wishing to work voluntary overtime in a class lower
than their current class (downgrade) may volunteer to do so and shall be
compensated at one and one -half times the highest hourly rate for the
position as published in the City's compensation plan. Said employees shall
be selected according to the provisions set forth in the Department's Standard
Operating Procedures related to staffing and overtime. This provision
applies only to persons wishing to downgrade to the position of Firefighter or
Fire Engineer.
(d) Personnel assigned to staff assignments may request compensatory time off
in lieu of paid overtime with the approval of the Department. Compensatory
time may be granted, subject to maximum accrual of eighty (80) hours.
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7. Vacation Selection System. The City has implemented a vacation selection system
(VSS) which phased out mandatory scheduling for vacation relief in favor of leave
coverage by paying overtime to other members occupying the same position. The
City commits to maintain VSS subject to budgetary constraints outlined in this
Section. The City shall, for each fiscal year during the term of this MOU, adopt a
budget which provides for the payment of overtime specifically for the purpose of
implementing VSS. The amount to be budgeted shall be calculated by computing
the Vacation/Flex leave/Holiday time (leave) normally accrued by each member
during a fiscal year (total annual leave) multiplying total annual leave, by that
member's overtime rate of pay (value of leave) and then adding the value of leave for
each NBFA member. Each member's overtime rate of pay shall be calculated on the
basis of the members highest anticipated rate of pay during the upcoming fiscal
year. The total "value of leave" for all members shall be identified in the budget as
the "LEAVE COVERAGE FUND." Notwithstanding, any other provision of this
MOU, the Fire Chief shall have the sole discretion to take whatever action may be
necessary to reduce overtime payments, including the temporary reduction of
staffing levels or personnel, in the event payments for overtime out of the LEAVE
COVERAGE FUND exceed 25% of the fund during the first three months of the
fiscal year, 50% of the fund during the first six months of the fiscal year, or 75% of
the fund during the first nine months of the fiscal year.
8. Special Assignment Pay.
The following additional payments shall be made to certain NBFA members based
on assignment:
(a) Certified members of the Hazardous Materials Response Team shall receive
special assignment pay of $200.00 per month. Effective January, 1999,
hazardous material pay shall be increased to five (5 %) percent of base pay
per month.
9. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of an employee
to work in a job classification which is assigned to a salary schedule higher than
his/her regular job classifications.
Employees temporarily upgraded to the following job classifications shall receive a
five percent (5 %) pay differential over their regular rate of pay for all time worked in
the higher job classification if they are assigned to work in the higher job
classification for a period of four (4) working hours or longer:
Fire Battalion Chief
Fire Captain
. Fire Paramedic
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10.
11.
Fire Engineer
Tiller Assignment
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of the
City.
Shift Holdover.
Not withstanding the provisions of Section 602.7.3.3 of Resolution No. 88 -13
(Personnel Policy Resolution) NBFA members who are held over at the conclusion
of any shift shall be compensated at the rate of one hour for each hour, or portion
thereof, the employee worked beyond the end of the shift. Any member held over
after shift shall be compensated at time and a half for all time worked during the
work period in excess of the maximum permitted under the provisions of Section 29
USC 507(k).
Paid Time Off
(a) Sick Leave Pay Out.
Upon paid retirement, termination in good standing or death, but not
termination for cause or resignation in lieu of termination, any member or
his/her estate shall be paid, at the rate of 109% of their then current base
hourly rate of pay (hourly rate before incentives, other pays, etc.) for a
percentage of the employees accrued but unused Sick Leave computed as
follows:
YEARS OF SERVICE:
LESS THAN 10
10 BUT LESS THAN 15
15 BUT LESS THAN 20
20 OR MORE
PERCENT OF UNUSED SICK
LEAVE PAID FOR:
NONE
25%
37.5%
50%
Payment for accrued but unused Sick Leave shall be limited to the first 800
hours of accrued Sick Leave for Staff Employees and the first 1200 hours for
Line Employees (for example if a Line Employee had accumulated 1400
hours of Sick Leave and retired after 16 years he or she would receive
Terminal Sick Leave Pay in a sum equal to 109% of their base salary per
hour for 450 hours of Sick Leave - 1200 hours multiplied by .375).
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SECTION 3. - LEAVES
A. Flex Leave.
1. Subject to the provisions of subsection (b), NBFA members shall accrue flex leave
as follows:
It is mutually understood that accrual rates have been modified to provide for the
longevity increase set forth below:
Leave
Accrual
Longevity Pay
Years of Con't. Svc
Hours/Pay Period
Increase
Line Employees
7.59
0.00%
1 but less than 5
8.77
0.00%
5 but less than 9
9.69
0.00%
9 but less than 12
10.62
0.00%
12 but less than 16
11.54
0.00%
16 but less than 20
11.54
1.00%
20 but less than 25
11.54
1.75%
25 and over
11.54
2.50%
Leave
Accrual
Longevity Pay
Years of Con't. Svc
Hours/Pay Period
Increase
Staff Emnlovees
1 but less than 5
6.26
0.00%
5 but less than 9
6.92
0.00%
9 but less than 12
7.59
0.00%
12 but less than 16
8.24
0.00%
16 but less than 20
8.24
1.00%
20 but less than 25
8.24
1.75%
25 and over
8.24
2.50%
NBFA personnel hired or rehired by the City of Newport Beach on or after 10/1/96
shall accrue flex leave at the following rates:
Leave
Years of Cont. Svc
Line Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Accrual Longevity Pay
Hours/Pay Period Increase
6.89
0.00%
7.74
0.00%
9.04
0.00%
10.62
0.00%
11.54
1.00%
11.54
1.75%
11.54
2.50%
2.
Leave
Years of Cont. Svc
Staff Emolovees
Accrual Longevity Pay
Hours/Pay Period Increase
1 but less than 5
4.92
0.00%
5 but less than 9
5.53
0.00%
9 but less than 12
6.46
0.00%
12 but less than 16
7.28
0.00%
16 but less than 20
8.24
1.00%
20 but less than 25
8.24
1.75%
25 and over
8.24
2.50%
Longevity increases specified above shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as defined in
Government Code Sec. 20636 (c) (1) for purposes of computing retirement benefits
and contributions.
The Flex leave program shall be administered as follows:
(a) NBFA members shall not accrue flex leave until continuously employed by
the Newport Beach Fire Department for a period of six (6) months provided,
however, if a member on the flex leave program becomes sick during the
first six months of employment, the City will advance up to 64 hours of paid
leave time to staff employees and 89.5 hours of paid leave time for line
employees 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 six months of continuous
employment, the member's final check shall be reduced by an amount equal
to the number of flex leave hours advanced multiplied by the member's
hourly rate of pay.
(b) NBFA members who are staff employees shall accrue 64 hours of flex leave
and line employees shall accrue 89.5 hours of flex leave immediately upon
completion of six (6) 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 six months of employment.
(c) 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 with the current sick leave placed in a bank to be used as
provided in Section 703 et seq. of the Personnel Resolution. Members
entitled to use sick leave pursuant to Section 703.1 of the Personnel
Resolution and who are absent due to illness shall have their sick leave bank .
reduced by the duration of the absence unless the member notifies
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appropriate department personnel that the absence should be charged to the
• member's flex leave account.
(d) Subject to the provisions of Section 2(A)(3), members shall be entitled to
accrue flex leave up to a maximum of 78 times the member's bi- weekly
accrual rate. Earned flex leave in excess of the maximum permitted is
currently paid bi- weekly at the member's hourly rate of pay. NBFA members
may, at any time, elect to receive pay (at the member's normal hourly rate)
for all accrued flex leave in excess of 72 hours for a line employees and 40
hours for staff employees. However, NBFA members may not elect to buy
down accrued Flex Leave below the current threshold for payment (78 times
the member's bi- weekly accrual rate) unless, during the twelve months
preceding the election, the member has taken at least ninety -six (96) hours of
paid leave if a line employee and eighty (80) hours of paid leave if a staff
employee. For the purposes of this section, Flex Leave shall include any
earned paid leave such as vacation leave, compensatory time off, or holiday
time.
(e) 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.
(f) 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 termination
of the employment relationship except as provided by Section 2.A.3.
B. Holiday Time.
1. Line Employees. The provisions of this subsection shall apply only to NBFA
members who are line employees during all or a portion of any calendar year and, as
to those members who are line employees for only a portion of the year, the
provisions of this subsection shall be applicable on a pro -rata basis. NBFA
members who are line employees shall accrue holiday time at the rate of 5.077 hours
per pay period. Holiday time shall be added to the member's Flex Leave or Vacation
Leave Account on a bi- weekly basis.
Effective October 1, 1996, all Line employees were provided a one -time opportunity
to elect to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For example, an
employee electing to convert 108 of the 132 annual benefits to cash must so convert
108 hours of earned holiday benefits each year thereafter. The election to change
holiday time to pay shall be in twelve (12) hour increments. Holiday pay will be
paid bi- weekly with the regular check. Holiday leave conversion pay will not count
in the total compensation formula used to adjust salaries and benefits.
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2.
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This holiday compensation shall be reported to PERS as special compensation and
shall be regarded as compensation eamable as defined in Government Code Sec.
20636 (c) (6) for purposes of computing retirement benefits and contributions.
Note: Newly hired employees shall have 100% of their holiday compensation
provided in pay after December 1, 1996.
Staff Employees. Staff employees shall receive the following fully paid holidays:
New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and the day after Thanksgiving, one -half day on
Christmas Eve, Christmas, and one -half day on New Years Eve. In addition, Staff
employees will be entitled to one floating holiday at the members election.
Worker's Compensation Leave.
Any NBFA member who has been incapacitated by reason of any injury or illness
which has been determined to have arisen out of or in the course of his or her
employment shall receive compensation in accordance with the provisions of
Section 4850 et. seq. of the Labor Code of the State of California.
C. Vacation /Sick Leave.
Administration of the vacation and sick leave program for members who have not
converted to flex leave shall be in accordance with the provisions of the Personnel
Resolution of the City of Newport Beach. Line employees shall accrue sick leave at
the rate of twelve hours per month and staff employees shall accrue sick leave at the
rate of eight hours per month.
NBFA members on the vacation/sick leave system shall accrue as follows:
Years of
Con't. Service
Line Employees
Less than 5
5 but less than 9
9 but less than 13
13 but less than 17
17 but less than 21
21 but less than 25
25 and over
12
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
0
E
Years of
Leave Accrual
Con't. Service
Hours/Pay Period
Staff Employees
Less than 5
3.70
5 but less than 9
4.31
9 but less than 12
4.93
12 but less than 16
5.54
16 but less than 20
6.16
20 but less than 25
6.77
25 and over
7.39
Maximum vacation accrual shall be seventy -eight (78) times the members bi- weekly
accrual rate.
2. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave bank greater than a
sum equal to eighty -six (86) times their normal bi- weekly sick leave accrual rate and
who have used six (6) or fewer days during the calendar year, may elect to covert up
to six (6) days of sick leave to three (3) days pay or, with the approval of the Fire
• Chief, three (3) days of vacation. Members shall elect to convert to sick leave
within sixty (60) days after the end of any calendar year.
3. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of accrued sick leave per
calendar year and line employees shall be entitled to use forty -eight (48) hours of
sick leave per calendar year for an illness of a dependent which requires the presence
of the employee. Family Sick Leave shall be administered in accordance with the
provisions of Sections 703.4.2.1 of the Personnel Resolution. The provisions of this
Section shall not be construed to affect or reduce the right of any employee to any
unpaid family medical leave authorized by State or Federal law.
D. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by an employee
having a regular or probationary appointment because of a death or terminal illness in
his/her immediate family. Staff employees shall be entitled to forty (40) hours of
Bereavement Leave per calendar year per event while Line Employees shall be entitled to
Seven and One -Half (7 1/2) shifts of Bereavement Leave. Bereavement leave shall be
administered in accordance with the provisions of Section 705 of Resolution No. 88 -13.
The provisions of this Section shall not diminish or reduce any rights a member may have
. pursuant to applicable provisions of State or Federal law.
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E. 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, Vacation
Leave, Sick Leave, Bereavement Leave and other benefits from the position previously held
to the newly assigned position provided, however, upon reassignment a line employee shall
be entitled to either receive pay for accrued holiday time or add accrued holiday time to the
members Flex Leave or Vacation Leave account. The ratio for conversion of staff
employee benefits to line employee benefit shall be 7/5 and the ratio for converting line
employee benefits to staff employee benefits shall be 5/7.
SECTION 4. -FRINGE BENEFITS
A. Insurance.
1. Health and Dental Insurance.
The City shall make available to all NBFA represented members the PERS health
insurance programs and a second health care plan. City shall pay the health, dental
and vision premium for each NBFA employee, up to a maximum of four hundred
($400) dollars per month. Effective July 1, 1999, the City shall pay the health, dental
and vision premium for each NBFA member, up to a maximum of $425 per month.
Effective July 1, 2000, the City shall pay the health, dental and vision premium for •
each NBFA member, up to a maximum of $450 per month.
2. Commencing approximately April 15, 1999, the City, Association and other
employee groups shall jointly meet to explore the implementation of a qualified
cafeteria plan. The intent of the parties is to have a plan available for
implementation in January, 2000.
B. Retirement Benefits.
1. Pursuant to Section 20691 of the California Government Code, the City shall pay to
PERS, on behalf of all employees covered by this agreement, the entire required
normal "safety member" retirement contribution, but not to exceed 9% of the
compensation eamable which PERS uses to calculate retirement contributions and
benefits. In addition, the amount of this payment shall be reported to PERS as
special compensation, which is part of the employee's compensation earnable,
pursuant to the provisions of Section 20636 (c)(4) of the California Government
Code, as amended effective July 1, 1994. This payment shall be credited to the
employee's accounts maintained by PERS in accordance with Section 20691 of the
California Government Code. NBFA acknowledges that the City is making this
payment pursuant to a specific request of NBFA to do so, that the City has made
significant financial commitments to NBFA in this MOU in consideration of the
members' agreement to relinquish their previously held "irrevocable right" to pay
their own PERS contribution and receive a corresponding salary increase, and that
14
the significant financial concessions to NBFA (which included Leave Premium Pay
• Accounts, changes in the calculation of "hours worked" for purposes of overtime
and internal salary adjustments) were made to avoid the potential for increased
overtime compensation approximating $450,000 if all NBFA members exercise their
irrevocable right to make their own PERS contribution and receive a corresponding
salary increase.
2. In the 1988 -89 MOU between the City and NBFA, City agreed to provide NBFA
members with retirement benefits based upon highest year compensation ( "Highest
Year Benefit "). Pursuant to that MOU, the City agreed to pay the total extra cost of
the Highest Year Benefit during 1988 -89 and thereafter phase the additional cost
into the total compensation calculation at the rate of "an additional 20% per year"
until fully absorbed in the total compensation calculation. The parties wish to
resolve any disagreement over the meaning and method of implementation of those
provisions of the 1988 -89 MOU related to the Highest Year Benefit by converting
the current value of the Highest Year Benefit to a guaranteed payment over and
above each member's salary. This guaranteed payment shall be calculated by
multiplying the member's salary by a percentage determined by dividing sixty
percent (60 %) of the cost of the Highest Year Benefit for the benchmark position (as
of April 28, 1993) by total compensation for the benchmark position as of April 28,
1993. This guaranteed payment shall be effective June 1, 1993, shall continue in full
force and effect until December 31, 1995, and shall not be included in the
. calculation of total compensation for any purpose, including, without limitation, the
computation of total compensation for the purpose of calculating salary increases
pursuant to subsection 2(A)(1)(b). City shall provide NBFA with proof of
compliance with this subsection within thirty (30) days after its effective date and
within thirty (30) days after each subsequent salary increase.
3. The City's contract with PERS shall also provide for:
(a) A 2 % @50 retirement formula pursuant to the provisions of Section 21252.01
of the California Government Code.
(b) The military buy -back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant to Section
20042.
4. The Level 4 1959 Survivors Benefits.
5. Should additional retirement plan options become available through PERS, the
Association may reopen negotiations on the City's retirement program. Any agreed
upon changes in retirement shall be on a cost neutral basis to the City.
15
C.
In
E.
Medical Advisory Committee.
The City shall meet with a medical - dental advisory committee during the months of July,
November, January and May. The committee shall be comprised of one representative from
each bargaining unit and up to three management representatives. Committee advisory
function shall include determination of coverage, preparation and solicitation of bids,
consultation with the City's broker, determination of plan coverage, and selection of carrier
and coverage options. Meetings and determinations shall be coordinated to facilitate
inclusion of findings or decisions in the collective bargaining process. NBFA and the City
have worked together in the selection of a new health care provider. This process involved
participation in the medical advisory committee and the meet and confer process.
Retiree Health Insurance.
City shall provide a retiree health insurance plan through the City's group health plan carrier
and PERS. NBFA agrees that twenty five percent (25 %) of the cost of providing health
insurance to retirees pursuant to the City's group health care plan will be borne by
probationary and regular employees of the City of Newport Beach and that NBFA members
shall pay their pro -rata share of the active employee contribution to retiree health insurance.
The member's contribution shall be the same as other Newport Beach employees and is
calculated by dividing 25% of the cost of providing retiree health insurance by the number
of probationary and regular employees of the City of Newport Beach and dividing that
number by 26 to determine the amount the bi- weekly payroll deduction.
The contribution to retiree medical insurance shall be capped at a $400.00 per month
contribution with the City contributing a maximum of $267.00 per month and active
employees contributing a maximum of $133.00 per month. The City and Association agree
to participate in a City -wide committee to review further issues involving retiree medical
insurance.
Medical Opt -Out
Employees with proof of alternative medical coverage may opt out of the City plan and
receive, in lieu, $200.00 monthly cash payment. This opt out includes the City's medical,
vision and dental plans. Employees are required to sign a hold harmless agreement,
releasing the City from any responsibility as a health care provider.
F. Disability Insurance
Effective April, 1999, the City shall provide disability insurance with the following
provisions:
Weekly Benefit
Maximum Benefit (mo.)
66 2/3% of gross weekly wages
$5,000
16
0
•
r1
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits
under the disability insurance program. Employees may not supplement the disability
benefit with paid leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, the employees shall assume
responsibility for the payment of the disability insurance cost in the amount of one (1.0 %)
percent of base salary. Simultaneously, the City shall increase base wages by one (1.0 %)
percent. There will be no increase in the cost of the disability insurance program for the
term of this agreement.
G. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly licensed provider.
NBFA members may access the Employee Assistance Program at no cost subject to
provider guidelines.
H. Fitness Program
• All NBFA members shall participate in the Department Fitness Program as outlined in SOP
VII P2001, Health and Fitness Evaluations.
I. Physical Conditioning Equipment/Apparel.
1. City has acquired fitness equipment for use by members in maintaining physical
fitness. City shall budget $5,000.00 per year for the maintenance, repair,
improvement, or replacement of fitness equipment.
2. During the term of this MOU, City shall purchase $15,000.00 worth of additional
physical fitness equipment for placement in fire stations. NBFA shall advise City of
the fitness equipment to be purchased.
3. 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 NBFA 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.
J. Required Uniform.
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, and turnout safety
17
clothing. City shall not be responsible for providing employee with socks, underwear, cap
or workout shoes, or other clothing. .
K. Court Standby Pay.
NBFA members who, pursuant to Subpoena compelling attendance to testify to acts,
observations, or omissions occurring in the course and scope of employment or at the
direction of their supervisor, are required, while off -duty, to remain within a certain
response time from court, shall be considered to be on "court standby time" and shall
receive four hours of pay for each eight hours of court standby time. NBFA members shall,
when required to appear in court pursuant to a Subpoena or the direction of their supervisor
to testify at to matters relating to their employment with the City, be considered to be on
duty and shall be paid accordingly. Members shall remit all witness fees received for
testifying or appearing on any matter for which the member is eligible to receive court
standby time.
L. Tuition Reimbursement
NBFA 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.
Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year effective
July 1, 1996. Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "C" or better for undergraduate courses and a grade
of "B" or better for graduate courses. All claims for tuition reimbursement require the
approval of the Administrative Services Director.
SECTION 5. -MISCELLANEOUS PROVISIONS
A. Schedule.
The City shall have the right to designate a 14 day or 28 day work period pursuant to
Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption shall not
affect the City's obligation to pay overtime pursuant to provisions of this MOU including
the provisions of Section I(c)1.
B. Dues Checkoff.
NBFA members shall have the right to authorize the City to deduct regular monthly NBFA
dues from their bi- weekly paycheck. The City shall deduct payment of NBFA dues when
the employee has authorized such deduction and City shall remit all payments to NBFA in
accordance with the terms of each member's authorization.
r -�
LJ
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C. Flex Leave/Vacation Leave Access.
Flex Leave and Vacation Leave may be taken in 6 hour increments.
D. Fire Suppression 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 fire
suppression personnel for each engine company, four fire suppression personnel for each
truck company, and two firefighter /paramedics on each paramedic unit. PAU and BLS
staffing shall conform to the provisions in Section L.
E. Jury Duty.
NBFA members who are assigned to line positions and are called to jury duty shall be
excused for each 24 hour shift during which the member is required to attend court and sit
on a jury or await assignment.
F. 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 in an attempt to schedule a makeup session, provided, however, members may view
one videotaped class to make up for an absence from a regularly scheduled class. 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.
G. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager determines that a reduction
in the work force is warranted because of actual or anticipated reductions in revenue,
reorganization of the work force, a reduction in municipal services, a reduction in the
demand for service or other reasons unrelated to the performance of duties by any specific
employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of
seniority within a particular Classification or Series and this Section should be interpreted
accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off' shall mean the non - disciplinary termination of
employment.
0
19
(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 permanent status, subject to the following:
(i) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification or
Series;
(ii) Seniority shall include time spent on industrial leave, military leave
and leave of absence with pay, but shall not include time spent on any
other authorized or unauthorized leave of absence.
(iii) For purposes of determining layoffs within the Classification of
Firefighter, seniority shall mean the time an employee has worked
within the Series from Firefighter to Captain.
(c) "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in 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. The City Manager shall determine those Classifications which
constitute a Series.
(e) 'Bumping Rights ", 'Bumping" or 'Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to displace a less
senior employee in a lower Classification within the Series. No employee
shall have the right to Bump into a Classification for which the employee
does not possess the minimum qualifications such as specialized education,
training or experience, provided, however, the City shall allow an employee
to become recertified as a paramedic in the event the employee's certification
has expired due to promotion to another position. An employee has the right
to "Bump" into only those positions the employee has previously held with
the Department.
2. Procedures.
In the event the City Manager determines to reduce the number of employees within
a Classification, the following procedures are applicable:
(a) Temporary and 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 a
Series, 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 Director shall determine the employee(s) to
be laid off.
3. Notice.
Employees subject to lay -off shall be given at least thirty (30) days advance notice of
the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave, holiday leave (if any), and accumulated
sick leave to the extent permitted by the Personnel Resolution.
4. Re- Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re- employment list in reverse order of layoff. The re- employment list
shall remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee occupied at
the time of layoff, or a lower ranking Classification within a Series, the employee at
the top of the Department re- employment list shall have the right to appointment to
the position, provided, he or she reports to work within seven (7) days of written
notice of appointment. Notice shall be deemed given when personally delivered to
the employee or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her 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
Personnel Director.
21
5. Severance Pay.
Permanent 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.
H. Progressive Discipline Plan.
Any discipline shall be in accordance with Department SOP 500.80 (copy attached).
I. Association Leave
1. NBFA members shall be allowed to participate in the following activities and
receive full pay ('Release Time "):
(a) attendance at meetings, conferences, seminars or workshops related to
matters within the scope of representation;
(b) to prepare for, travel to, and attend scheduled meetings between the City and
NBFA during the meet and confer process.
2. City grants NBFA 100 hours of Release Time per calendar year to engage in the
activities described in subsection 1(a). 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 NBFA members the right to engage in the activities described in
subsection 1(b) 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. In
no event shall any one designate be entitled to use more than 100 hours (150 hours
for the Association President only) of Release Time (exclusive of actual time spent
meeting with City representatives on matters relating to the scope of representation),
within any calendar year. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time. 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.
5. In addition to City - provided Release Time and Release Time provided pursuant to
subparagraph (3), NBFA members may 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
22
accumulated more than 600 hours of total Release Time. Any NBFA member who
contributes time to the Release Time Bank gives up any right to usage of, or
payment for, the contributed 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' includes accrued flex leave, accrued vacation
leave, and accrued holiday time.
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.
K. Personnel Rules
• Within ninety (90) days of the execution of this Agreement, the City will provide draft
revised personnel rules to the Association for review.
L. Pre- Hospital Emergency Medical Services System
The City and Association have met and conferred on proposed changes to the City's
Paramedic and Emergency Transportation System. The parties have agreed as follows:
Two engine companies shall be converted to a Paramedic Assessment Unit (PAU's). The
two current paramedic units shall be converted to Paramedic Ambulances (PA's) and a City
operated 24 -hour Basic Life Support (BLS) ambulance shall be staffed by two sworn
Firefighter EMT -D's. The PA's shall normally transport patients requiring advanced life
support (ALS) . The BLS ambulance shall normally transport patients requiring basic life
support (BLS). Either the PA's or the BLS ambulance may transport ALS or BLS patients
based upon operational need.
Staffing
It is understood that the City and the NBFA have agreed to staff the BLS ambulance using
existing personnel. Those firefighters assigned to the fourth (4th) position on Truck 62 and
Truck 63 will be reassigned to the BLS ambulance.
23
Evaluation
The City's intent is to operate the system as outlined above for approximately one year. •
During that year, an evaluation process shall be conducted, involving the Firefighters
Association, to determine if the program is meeting specified criteria. The criteria would
include:
• Service Level - The City's goal would be to answer 85% of the advanced life support
calls on a City -wide basis within 5 minutes.
• Resource Allocation - This criteria would evaluate the revised configuration as it
relates to the affect on patient care.
• Financial Criteria - Determination as to whether or not revenues are adequate for
program support. The City's goal would be to achieve net revenues of $150,000
(versus actual costs).
The City shall involve the Firefighter's Association with meaningful input in the evaluation
process through a Department sponsored EMS committee. The Public Safety Committee
and the City Council would shall also be involved in the evaluation process. The
Association shall have an opportunity to directly present its position to the Committee and
Council prior to any formal decision being reached.
Assuming there are sufficient revenues to support the program, and service levels are not .
being met, it is the City's intent to expand the number of Paramedic Assessment Units
(PAUs) to four.
Should the City make changes in this program that fall within the scope of representation,
the City shall give appropriate notice to the Association and provide the opportunity for the
Association to meet and confer on matters within scope. Further, if the BLS Ambulance
Program is not converted to an ALS Unit staffed by Firefighter/Paramedics by September 1,
1999, the Association shall have the right to reopen negotiations on compensation for
Firefighters assigned to the BLS Ambulance.
Confirmation from PERS
Within sixty (60) days of the execution of this agreement, the City shall provide NBFA with
written documentation from the California Public Employees Retirement System (PERS),
stating that the Longevity pay (13)(1)(a) and Holiday Pay Conversion (B)(2)(a) sections of
this MOU, comply with current PERS guidelines and regulations.
In addition, the amount of the payments for these provisions shall be reported to PERS as
special compensation, which is part of the employee's compensation earnable, pursuant to
the provisions of Section 20636 (c) of the California Government Code, as amended
effective July 1, 1994. This payment shall constitute compensation eamable under
24
California Government Code Section 20636 in compliance with current PERS guidelines
• and regulations.
M. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program (See attached
Appendix Q.
N. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any tobacco products at
any time while on, or off, duty. Employees shall be required to sign an agreement
consistent with this section. Violation of the agreement will subject the employee to
disciplinary action.
O. Reopener
1. The City and NBFA agree to, upon request of the City, reopen negotiations during
the term of this agreement on a City -wide reasonable suspicion drug testing policy.
2. The City reserves the right to reopen negotiations if the Social Security coverage is
mandated for public employees.
. 3. The City and NBFA agree to, upon the request of the City or Association, reopen
negotiations during the term of this agreement, on sick leave usage /incentive issues.
i
25
Executed this day of
1999:
NBFA
NBFA
NBFA
CITY OF NEWPORT BEACH
Lm
ATTEST:
Bv:
Dennis O'Neill
Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
26
LI
u
9