HomeMy WebLinkAbout09 - NB Marine Safety Officers Association MOUJune 13, 2000
Agenda Item 9
CITY OF NEWPORT BEACH
HUMAN RESOURCES DEPARTMENT
TO:
Mayor and City Council
FROM:
Q�
Sharon Wood, Assistant City Manager- �/�"
SUBJECT: Memorandum of Understanding with Newport Beach Marine Safety
Officers Association
The City's labor negotiator, Bill Avery, and staff have been working with the Marine
Safety Officers Association (MSOA) for the past several months on a new Memorandum
of Understanding (MOU). Following the direction received from the City Council, we
have reached agreement, and the proposed MOU is attached for the Council's review and
approval.
The most significant issue to the parties in this negotiation was salaries, with the
Association believing that salaries should be comparable to those of Firefighters, and the
City believing that salaries should be set based on market comparisons. The agreement
reached is that the salary for Lifeguard Specialist will be 75% of that for Firefighter,
Marine Safety Lieutenant will be 15% over Firefighter, and Marine Safety Captain will
be the same as Staff (not Line) Fire Captain. This provides a reasonable salary increase,
although not as much as the Association had requested initially. Other provisions of the
MOU are to convert four part -time Lifeguard IV positions to full -time with a new title of
Lifeguard Specialist, and to make the scholastic achievement pay program consistent
with that provided for Firefighters. Finally, MSOA agreed to additional contributions to
fund the retiree health program, and the MOU provides the cafeteria health benefit to
them. This is the same agreement that was reached recently with the three miscellaneous
associations.
The proposed MOU provides a total compensation package increase of 3 %, which is
consistent with City Council direction, and is a three -year agreement. Staff recommends
that Council approve the MOU.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU ") is entered into with
reference to the following:
PREAMBLE
Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as
"CITY ") and authorized representatives of the NEWPORT BEACH MARINE SAFETY
OFFICERS ASSOCIATION (hereinafter referred to as "NBMSOA ") a recognized
employee organization, met and conferred, exchanging various proposals concerning wages,
hours, fringe benefits and other terms and conditions of employment of employees
represented by NBMSOA (hereinafter referred to as "EMPLOYEES ") for the period of
July, 1999 through June 30, 2002.
2. NBMSOA representatives have reached an agreement as to wages, hours and other terms
and conditions of employment to apply to all affected EMPLOYEES for the time period
defined above. Said EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City Council of the City of
Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 1,
1999 subject to approval by the City Council of the City of Newport Beach, as follows:
SECTION 1 GENERAL. PROVISIONS
The terms of this MOU are to remain in full force and effect beginning July 1, 1999
through June 30, 2002, and, thereafter from year -to -year, unless within the time frame and
in the manner designated in Section 13, Timetable for Submission of Requests of the
Employer - Employee Relations Resolution, either party serves written notice upon the other
of its desire to make changes in this MOU-
.� •T1•. 41.7. .
This MOU contains all the covenants, stipulations and provisions agreed upon by the
parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither
party shall be compelled, and each party expressly waives its rights to meet and confer with
the other, concerning any issues within the scope of representation, whether or not
specifically met and conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has authority to make, and none
of the parties shall be bound by any statement, representation or agreement reached prior to
the execution of this MOU and not set forth herein.
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Effective January, 2000, the Lifeguard IV classification has been retitled Lifeguard
Specialist and made a full -time position, eligible for full City benefits
Effective with the ratification of this Memorandum of Understanding, Unit classification
titles shall be modified as follows:
Lifeguard IV to Lifeguard Specialist
Marine Safety Supervisor to Marine Safety Lieutenant
Marine Safety Lieutenant to Marine Safety Captain
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1. Salaries and Wages
Effective the first full pay period in July, 1999, salaries for these classifications will
be as set forth below:
Lifeguard Specialist at 75% of Firefighter
Marine Safety Lieutenant at Firefighter plus 15%
Marine Safety Captain at Fire Captain plus 7.5%
The City and NBMSOA agree that the salaries for each classification will be set in
the salary schedule under "Attachment A ". In addition, unit classifications shall
also have salaries under "Attachment A" increased by an amount equivalent to that
granted Fire Unit employees during the term of this agreement.
Unit employees shall receive overtime compensation for all hours worked in excess
of forty (40) in any work period. Paid time off shall be considered time worked for
the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off for all
overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
maximum C70 accrual of eighty (80) hours at time and one half on the books or
120 actual hours.
3. CallS?u
Call out compensation shall be in accordance with the following provisions:
a.
in
All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
For forty (40) hour employees, a minimum of two (2) hours (including
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travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out
C. Scholastic Achievement Par
NBMSOA members are entitled to additional compensation contingent upon scholastic
achievement ( "Scholastic Achievement Pay "). MSOA 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 MSOA member to apply for Scholastic Achievement Pay.
Approval of the member's application shall not be unreasonably withheld or delayed, and
the member shall not be entitled to receive scholastic 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. MSOA members shall receive
scholastic achievement pay in accordance with the following:
Effective the first payroll period following approval of this agreement by City Council:
Years of Total College Compensation
Service Semester Units Per Month
2
30
.6% mo top step base MSL salary
3
30
.6% mo top step base MSL salary
3
60
1.2 %mo top step base MSL salary
3
90
1.9 %mo top step base MSL salary
4
30
.6% mo top step base MSL salary
4
60
1.2 %mo top step base MSL salary
4
90
1.9 %mo top step base MSL salary
4
120
2.5 %mo top step base MSL salary
Effective July, 2001, the
following table shall apply:
Years of
Total College
Compensation
Service
Semester Units
Per Month
2 or more
30
1.5% mo /top step base FF salary
3 or more
60
2.5% mo /top step base FF salary
3
90
3.5% mo /top step base FF salary
4 or more
90
3.5% mo /top step base FF salary
4
120
4.5% mo /top step base FF salary
4
B.A. /B.S.
5.5% mo /top step base FF salary
4
M.A. /M.S.
6.5% mo /top step base FF salary
moor M . 1
NBMSOA 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
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receive four hours of pay for each eight hours of court standby time. NBMSOA 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.
E. Night Standby
An employee assigned to standby duty for purposes of being on call to handle emergency
situations arising at times other than during normal working hours shall be guaranteed two
(2 1 /2) and a half hours of pay at his regular hourly rate of pay for each calendar day of
such standby duty.
All unit employees shall be required to maintain residency within thirty (30) minutes driving
time from the Marine Safety Headquarters in order to be eligible for standby duty. Driving
time shall be defined as driving the most direct route at the posted speed limit
A. Insurance
The City shall make available to all NBMSOA members the PERS health insurance
programs and a second health care plan. The City shall pay the health and dental
premium for each NBMSOA member, up to a maximum of $400 per month.
Effective January, 2001, the City shall increase its contribution to $450 per month.
After the January, 2001 contribution increase, the C5ty shall increase its contribution
in an amount equal to any contribution increase granted to Fire Unit employees.
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 as soon as possible.
Effective July, 2000, or as soon as possible thereafter, the City shall implement an
IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall
be the amount specified above, less the City's contribution of $16 towards PERS
Healthcare. Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical,dental and vision
insurances /programs. The City and the Newport Beach Police Employees
Association will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused funds shall be payable to the employee as taxable cash back.
Employees shall be allowed to change coverages in accordance with plan rules
during regular open enrollment periods.
All City contribution increases set forth in this Section of the MOU shall apply to
the Cafeteria Plan contributions in a like manner.
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2. Denial
Themaximum annual benefit shall be $1,000.00.
3. Vision Care
A limited vision care plan shall be part of the City's Indemnity Insurance Plan.
City has established a Medical /Dental Information Committee composed of one
representative from each employee group and up to three City representatives. The
Medical /Dental 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 care issues. The purpose of this
Committee is to provide each employee group with information about health care
issues and to receive timely input from associations regarding preferred coverage
options and levels of coverage. City shall provide information to the Committee in
December, February and April of each year during the term of this MOU.
An employee is eligible for retiree medical benefits under this program after seven
years of service to the City of Newport Beach if the employee retires from the City
and is a PERS annuitant. This program is inclusive of an employee's right to
medical insurance coverage under the CalPERS medical insurance plan and the
mandatory minimum $16 per month employer contribution to said plan on behalf of
the annuitant
a. Effective immediately, the City shall implement the $400 per month cap for
retiree medical insurance premium contributions as provided for in previous
Memoranda of Understanding between the City and the NBMSOA. The
City and active employees shall be responsible for 3 /4ths (1/2 City and 1/4
actives) of retiree medical insurance premium under this program. Retirees
shall be responsible for any remaining medical insurance premiums.
Concurrent with implementation of the Cafeteria Plan for NBMSOA unit
employees, the current $15.12 per month employee deduction medical
insurance shall be increased to $27.47 per month. This increase shall
become effective on the same date as for the Miscellaneous Associations
(July or later). Subsequent contribution levels shall be set as needed in the
month of July, per the formula described above. Prior to increasing the
deductions for the employee's contribution share, the City shall provide
NBMSOA with documentation supporting the need for said increase at least
90 days in advance of the effective date of the increase. Upon request, City
representatives will meet and consult with NBMSOA prior to any increases
in employee deduction levels.
b. In order to accumulate funds to meet the potential unfunded liability in
retiree medical insurance premium payments as projected by the City's
actuary and in addition to the contribution in C1 above, each NBPEA unit
employee will contribute $10 per month and the City shall contribute $20
per employee per month into an interest bearing trust account. These
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contributions will be continued until the projected liability is satisfactorily
funded (approximately 30 years), or until such time as the City and NBPEA
mutually agree to end the funding on behalf of NBPEA members.
Deductions from each employee's salary of the above described $10 per
month shall begin concurrent with the implementation of the Cafeteria Plan.
Accumulated funds from the employee and employer contributions
described above shall be held separate from the City's general fund. These
funds shall be kept in an interest bearing account and may only be used to
pay for unfunded retiree medical insurance premiums not covered by the
funds collected under C 1 above.
In the event the retiree medical insurance program described herein is
discontinued, NBMSOA members will receive an accounting on any
remaining funds and the City will immediately meet and confer with NBPEA
on the distribution of said funds back to active (not retired /full -time) City
employees in the NBPEA unit
The City will provide NBMSOA with an annual report certified by the City
Finance Director describing the balance, interest earnings, and any
expenditures of the trust account described herein.
C. The City agrees to meet and confer with NBMSOA upon request with
regards to alternative programs and/or funding methods for retiree medical
insurance premiums for NBMSOA members. This will include but not be
limited to IRS 401 -A plans and /or NBMSOA sponsored variable and
universal annuity type plans for individual members.
Employees will be allowed to opt out of the City's health plans (medical, dental and
vision), and if they choose to do so they shall receive $200 per month. To qualify
the employee would be required to supply evidence of alternative medical coverage,
and to sign a hold harmless agreement, releasing the City from any responsibility as
a health care provider. Upon implementation of the Cafeteria Plan as set forth
above, payments under this section shall end.
The City shall provide disability insurance with the following provisions:
Weekly Benefit
gross weekly wages
Maximum Benefit(mo.)
Minimum Benefit
Waiting Period
662/3%
$5,000
$50
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
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the disability benefit with paid leave once the waiting period has been exhausted.
MEN 1 • 1 : • 11 1 : 11 " 1 I
NBMSOA 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. 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.
7 ' • ;, O
All employees hired after July 1, 1990 will be included in the Flexible Leave Program.
Permanent full -time employees enrolled in the flex leave program will earn leave in
accordance with the following schedule:
Years of continuous
Accrual per
Annual
servi
pay cenod(hrs
Rays
1 but less than 5
5654
18
5 but less than 9
6615
20
9 but less than 12
6677
22
12 but less than 16
7669
25
16 but less than 20
8631
27
20 but less than 25
8692
29
25 and over
9654
31
Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall
accrue flex leave at the following rates:
Years of continuous
Accrual per
Annual
service
pM Wriod/hrs
Days
1 but less than 5
4.92
16
5 but less than 10
5.53
18
10 but less than 15
6.46
21
15 but less than 20
7.08
23
20 and over
8.00
26
During the first six months of employment, new regular full -time employees shall not
accrue paid leave. At the completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees account
Lifeguard Specialists shall receive a lump sum flex leave credits for the period of July,
1999 through December, 1999. Lifeguard Specialists shall be immediately eligible to use
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accrued leaves
Note: If an employee becomes sick in the first six months of employment, the City will
advance up to six (6) months of potentially accrued flex leave time to be used for illnesses
only. If employee terminates employment prior to six months, the City will subtract the pay
e valent of the number of flex leave days advanced from the employees final check Any
flex leave time advanced during the first six months of employment will be subtracted from
the six (6) months of accrual placed in the employees account upon completion of six
months employment
Employees may accrue flex leave up to an accumulated total equal to seventy eight
(78) times the members bi- weekly accrual rate. Any flex leave earned in excess of
this level will be paid on an hour for hour basis in cash at the employee's hourly rate
of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in
excess of the maximum permitted accrual at the member's hourly rate of pay.
Members shall be eligible for flex leave spillover pay only if they have utilized at
least eighty (80) hours of flex leave the previous calendar year. Employees who
have not utilized the required amount of leave the prior calendar year shall not be
eligible to accrue time above the maximum accrual limit
Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be
eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in
excess of the flex leave accrual threshold.
2. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no case, except
for illness, may it be taken prior to the completion of an employee's initial
probationary period.
The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the seniority and
wishes of the employee. Flex leave may be granted on an hourly basis. Any
fraction over an hour shall be charged to the next full hour.
Employees entitled to vacation leave -with -pay shall accrue such leave based on years
of continuous service and the number of hours in a normal work week for the
position to which they are assigned in accordance with the following schedule:
Years of Accrual
Continuous Per 40 Hour
Service Pay Period
0 but less than 5 3.38
5 but less than 9 3.99
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9 but less than 12
4.61
12 but less than 16
5.22
16 but less than 20
5.84
20 but less than 25
6.46
25 and over
7.07
0
L J
Accrual of vacation days in excess of those earned for two years of continuous
service is not permitted past December 31st of each year with the following
exception: with approval of the Department Director, an employee may accrue
vacation days in excess of the two -year limit provided all such excess accumulation
is taken by March 31st of the following year.
Vacation may not be taken in excess of that actually accrued and in no case, except
for entry-level employees, may it be taken prior to the completion of an employee's
initial probationary period. Entry level employees may use vacation after the
completion of the initial six (6) months of probation. The Department Director shall
schedule and approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and wishes of the
employee. Vacation leave may be granted on an hourly basis.
Level A staffing shall run from June 15th through Labor Day. During this period of time,
full -time personnel may be limited to a total of forty (40) hours usage of vacation /flex leave.
Additional vacation /flex leave during this period may be approved if in the opinion of
management adequate staffing levels can be maintained
The Department shall develop a policy defining when approved vacation /flex leave times
shall not be subject to cancellation.
fr .. • ,M V
Subject to the provisions herein, the following days shall be observed as paid holidays by all
employees in permanent positions and other personnel whose work assignments, in the
judgment of the Department Director require their presence on the job, For each designated
holiday, except the Floating Holidays, such personnel shall receive an equivalent number of
hours of paid leave or equivalent pay whichever in the judgment of the Department Director
best serves the interest of the Department,
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
THAI-01 -9MMM 4 C. Art
July 4
1 st Monday in Sept.
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 112 of working day
January I
zaowwz� ozv
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Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Floating Holiday (1) For employees birthday or other holiday.
Eligibility and use according to Memoranda
of Understanding.
1. Holiday pay will be paid only to employees who work their scheduled day before
and scheduled day after a holiday or are on authorized leave (e.g., approved vacation,
sick leave, or flex leave that has been reviewed and approved by the Department
Director).
2. Employees will be eligible to receive holiday pay only after they have been in active
paid status for 30 consecutive days.
3. Newly hired employees will be eligible to receive full pay for scheduled holidays,
without a waiting period.
4. "Floating Holiday" eligibility allows for newly hired employees to earn their first
floating holiday credit, eight (8) hours, at the same time as they receive their regular
appointment status, upon the successful completion of their probationary period.
Full -time, regular employees shall accrue sick leave based on the number of hours in
a normal work week for the position to which they are assigned in accordance with
the following schedules:
•ur• al.trin . .
0 - 1 year 4 hours per month
1 -2 years 5 hours per month
2 -3 years 6 hours per month
3 -4 years 7 hours per month
4+ years 8 hours per month
After the 3rd year level, and the 5th year level, employees will be required to
maintain the same number of hours as required of other permanent employees.
Employees accruing sick leave hours under the above formula and enrolled in the
City's Disability Program will be eligible for City -paid Disability Insurance
premiums as follows: 50% at 88 hours, 100% at 208 hours.
HOMMITUM 4 .
a.
Sick leave may not be taken in excess of that actually accrued. Except as
noted, an employee serving his /her initial probation period is eligible to use
his /her accumulated sick leave provided that if for any reason his /her City
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employment is terminated prior to the completion of such probationary
period, his /her final paycheck shall be reduced by the value of the sick leave
he /she has taken. After completion of the initial six (6) months probation
period, entry-level employees shall not have used sick leave deducted from
their final paycheck if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis
ONNE,,•.I
Sick leave may be granted only at the direction of or with the approval of the
Department Director and only for the purposes defined in Section 703.1 of
the Personnel Rules.
F. Family Sick Leave
Employees are authorized to use up to 48 hours of sick leave accrual per calendar year for
an illness of a dependent which requires the presence of employee.
For purposes of family sick leave, family member shall mean spouse, parent, (parent shall
mean biological, foster, or adoptive children, a stepchild, a legal ward, or a child of a person
standing in local parentis).
Employees who at the end of the calendar year have an accrued level of sick leave equal to
or greater than the full value of 40 months of accrued sick leave, and who have used six or
less days of sick leave during the calendar year will be permitted (only once per year) to
convert up to six days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at
the employee's option. Eligible sick leave days converted to paid vacation shall require the
approval of the Department Director.
H. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected employees are as
follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his /her immediate family.
For the purposes of this section, immediate family shall mean father, mother, brother, sister,
wife, husband, child, father -in -law, mother -in -law and grandparents.
Maximum Allow d. Such leave shall be limited to five (5) working days per calendar year
per occurrence.
Probationary Fmployeec. An employee serving his /her initial probationary period who
takes leave under this section who for any reason terminates his/her employment prior to the
completion of such probationary period shall have his /her final paycheck reduced by the
value of the leave taken.
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Leave Pay -OCf
For the term of the agreement, NBMSOA members shall receive payment for any accrued
leave upon termination at the rate of 109% of their base hourly rate.
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.
a. "Layoffs" or "Laid off" shall mean the non — disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a Classification
or Series calculated from the date on which the employee was first granted
permanent status in their current Classification or any Classification within
the Series, 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.
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, based upon seniority within a series, 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
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possess the minimum qualifications such as specialized education, training
0 or experience.
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 Marine Safety Officer 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.
ummL nrC11 —ILa
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 Human Resources Manager.
13 Final
TUN -07 -2000 15;50 3994431 93% P.14
Kim Duran 4399 -4431 M0 6/7/00 03:14 PM ❑15/17
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.
FT9•4,
All NBMSOA members shall participate in the Department Fitness Program as outlined in
SOP 7.D.600, Health and Fitness Evaluations.
FONEERS .I 61 :. - 1.1
1. The CITY will provide for one pair of sunglasses per year for each unit employee.
The cost allowance will be determined through reference to the cost of a base line
pair.
2. The CITY agrees to provide an additional $100.00 per year in sun protection
materials for all unit employees.
EEEFMM=i
The CITY may drug test NBMSOA members on a random and mandatory basis only if
requested by the NBMSOA and authorized by the City Council. NBMSOA also agrees to
participate in an ad hoc committee to prepare a "for cause' drug testing policy.
E. Discipline
Any discipline shall be in accordance with Department SOP 7.C.300.
Wd I M•
At a time, during the life of this MOU, selected by NBMSOA, the City will provide up to
$3,000.00 per year towards the purchase of fitness equipment to be used off duty for the
intended benefit of NBMSOA for the term of this agreement. The actual equipment to be
purchased shall be recommended by NBMSOA, and shall require the final approval of the
Fire and Marine Department Director. Unit employees shall be allowed up to three (3)
hours per week for physical fitness training.
L49 MOM 4MV
The City will work with NBMSOA to develop a periodic routine report which will
summarize all annual accounts including, but not necessarily limited to; deductions, leave
balances, savings balances, and compensation reported to PERS.
The City to pay the entire cost of providing MSOA members with each component of the
required MSOA uniforms. The required MSOA uniform includes safety shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout safety
clothing. City shall not be responsible for providing employee with socks, underwear, cap
14 Final
JUN -07 -2000 15:51 3994431 93i P.15
0
Kim Duran V 399 -4431 M617/00 m3:16 PM ❑ 16117
or workout shoes, or other clothing.
0 J. Retirement
The NBMSOA may reopen negotiations on the City's retirement program to meet and
confer regarding the 3% at 50 or 3% at 55 PERS formula concurrent with the joint safety
unit meetings on retirement. Any agreed upon changes in retirement shall be on a cost
neutral basis to the City, unless otherwise agreed by the parties.
. .:. 1 -.
Lifeguard Specialists shall continue to work a 410 schedule; unless the schedule is
modified through standard departmental procedures.
Room* 1- - m ,.i. .I. •I
Except as to those matters expressly covered by this MOU. all terms and conditions of
employment may be changed or amended after meeting and conferring, in good faith.
M. Separability
Should any part of this MOU or any provision herein contained be rendered or declared
invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a
Court of competent juri sdiction, such invalidation of such part or portion of this MOU shall
not invalidate the remaining portion hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU relating to pay schedule
adjustment increases be declared invalid, CITY agrees to provide alternate benefits agreeable
to NBMSOA, to EMPLOYEES to receive the same amount of money as they would have
received had such provision not been declared invalid.
Executed this , day of , 2000:
NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
CITY OF NEWPORT BEACH
BY:
ATTEST: Dennis O'Neill, Mayor
BY:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
0 Robert H. Burnham, City Attorney
15
JUN -07 -2000 15:52 3994431 93i
Final
P 1 r,
MSS01 2000New 1:37 PM 0610712000
MARINE SAFETY MATRIX
Effective January 1, 2000
Implemented PPE June 30, 2000
Position
Safety
ATTACHMENT A
112.00 80.00
Salary PM Health TD-W Hourly Rate Hourly Rate
9.000% 400 $4,076
Fir er A
$3,201
$288
$400
3;88
B
$3,361
$302
0
$4,063
C
$3,529
8
$400
$4,247
D
5
$333
$400
$4,438
E
0
$350
$400
$4,640
F
$4,085
$276
$400
$4,853
G
$4,289
$386
$400
$5,075
H
$4,503
$405
$400
,
Fir tain +7.5% A
$4,543
$409
$400
$3,016
B
$4,770
$429
$400
$5,599
C
$5,008
$238
$400
$5,859
D
$2,778
$473
$400
$6,131
E
1
$497
$400
$6,418
F
$5,797
$276
$400
$6,719
G
$6,087
$548
$400
$7,035
H
$6,391
$575
$400
$4,081
Lifeguard Specialist A
$2,400
$216
$400
$3,016
6002 -6121 B
$2,520
$227
$400
$3,147
C
$2,646
$238
$400
$3,284
D
$2,778
$250
$400
$3,428
E
$2,917
$263
$400
$3,580
F
$3,063
$276
$400
$3,739
G
$3,216
$289
$400
$3,905
75% of Firefighter) H
$3,377
$304
$400
$4,081
LG Lieutenant with EMT A
$3,679
$331
$400
$4,410
6010 -6010 B
$3,863
$348
$400
$4,611
C
$4,056
$365
$400
$4,821
D
$4,259
$383
$400
$5,042
E
$4,472
$402
$400
$5,274
F
$4,696
$423
$400
$5,519
G
$4,931
$444
$400
$5,775
115% of Firefighter) H
$5,178
$466
$400
$6,044
LG Lieutenant Dive A
$3,771
$339
$400
$4,510
6011 -6011 B
$3,960
$356
$400
$4,716
C
$4,158
$374
$400
$4,932
D
$4,366
$393
$400
$5,159
E
$4,584
$413
$400
$5,397
F
$4,813
$433
$400
$5,646
G
$5,054
$455
$400
$5,909
(102.5% of LG Lieutenant EMT) H
$5,307
$478
$400
$6,185
13.19
13.85
14.54
15.27
16.03
16.83
17.67
18.56
26.21
27.52
28.89
30.33
31.85
33.44
35.12
36.87
13.85
14.54
15.27
16.03
16.83
17.67
18.55
19.48
21.23
22.29
23.40
24.57
25.80
27.09
28.45
29.87
21.76
22.85
23.99
25.19
26.45
27.77
29.16
30.62
E
r�
MSS01 2000New 1:37 PM 0610712000
MARINE SAFETY MATRIX
Effective January 1, 2000
Implemented PPE June 30, 2000
position
Safet
Salary PM Health Total
9.000% 400 $4,076
LG Lieutenant Boat A
$3,771
$339
$400
$4,510
6012 -6011 B
$3,960
$356
$400
$4,716
C
$4,158
$374
$400
$4,932
D
$4,366
$393
$400
$5,159
E
$4,584
$413
$400
$5,397
F
$4,813
$433
$400
$5,646
G
$5,054
$455
$400
$5,909
(102.5% of LG Lieutenant EMT) H
$5,307
$478
$400
$6,185
LG Lieutenant Dive Boat A
$3,863
$348
$400
$4,611
6012 -6013 B
$4,056
$365
$400
$4,821
C
$4,259
$383
$400
$5,042
D
$4,472
$402
$400
$5,274
E
$4,696
$423
$400
$5,519
F
$4,931
$444
$400
$5,775
G
$5,178
$466
$400
$6,044
105% of LG Lieutenant EMT H
$5,437
$489
$400
$6,326
6005 -6015
to Fire Captain + 7
LG Captain Dive A
$4,656
$419
$400
$5,475
A
$4,543
$409
$400
$5,352
B
$4,770
$429
$400
$5,599
C
$5,008
$451
$400
$5,859
D
$5,258
$473
$400
$6,131
E
$5,521
$497
$400
$6,418
F
$5,797
$522
$400
$6,719
G
$6,087
$548
$400
$7,035
LG Captain Dive A
$4,656
$419
$400
$5,475
6006 -6016 B
$4,889
$440
$400
$5,729
C
$5,133
$462
$400
$5,995
D
$5,390
$485
$400
$6,275
E
$5,659
$509
$400
$6,568
F
$5,942
$535
$400
$6,877
G
$6,239
$562
$400
$7,201
102.5% of LG Captain) H
$6,551
$590
$400
$7,541
112.00 80.00
Hourly Rate Hourly Rate
21.76
22.85
23.99
25.19
26.45
27.77
29.16
30.62
22.29
23.40
24.57
25.80
27.09
28.45
29.87
31.37
26.21
27.52
28.89
30.33
31.85
33.44
35.12
36.87
26.86
28.21
29.61
31.10
32.65
34.28
35.99
37.79