HomeMy WebLinkAbout08 - MOU with Firefighters Association. z
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AGENDA ITEM io
TO: Mayor and City Council
FROM: Sharon Wood, Assistant City Manager
SUBJECT: Memorandum of Understanding with Firefighters Association
Recommendation
Approve Memorandum of Understanding Between the City of Newport Beach and the
Newport Beach Firefighters Association.
Discussion
The previous Memorandum of Understanding (MOU) with the Firefighters Association
expired on December 31, 2001. The City's negotiating team has been meeting with
Association representatives to discuss a new MOU since October 2001. This process was
lengthened by a delay in receiving an actuarial report from PERS on an enhanced
retirement benefit that the Association wished to discuss.
We have reached tentative agreement with the Firefighters Association, consistent with
direction from the City Council, and the Association members have ratified the
agreement. The MOU reflecting that agreement is attached, and its major provisions are
outlined below.
1. The term of the MOU is three years, January 1, 2002 through December 31, 2004.
2. Salary Increases
January 2002
8%
January 2003
3%
July 2003
2%
January 2004
3%
July 2004
2%
As with the police associations, the City's past practice with the firefighters was to
provide total compensation at a level equal to the average of the top five agencies in
Orange County. A survey of fire agencies in the County showed that our firefighters are
8% below the top five, and 1% below the countywide average. Newport Beach ranks 7°i
among fire agencies in Orange County. These comparisons are not exact due to the many
differences among compensation systems, but they do indicate that Newport Beach is not
in as strong a competitive position as in the past.
3. Certificate Pay
Employees who complete coursework for Fire Officer I or Fire Prevention Officer 11
certification will receive 1.5% of their pay for this achievement. This will expand the
existing Scholastic Achievement Pay program, which applies only to college coursework,
to make fire service job- related coursework eligible for additional compensation.
4. Flex Leave/Longevity Pay
Employees with nine or more years of service will receive the same amount of flex leave,
regardless of hire date. This change partially eliminates the two-tiered flex leave system
that was introduced as part of the City's budget cutbacks in 1996. Increasing leave time
for newer employees was a priority for the Association because their leave accrual rate is
lower than for other agencies in Orange County.
To retain a differentiation for longer -term employees, the longevity pay is increased for
employees with 16 or more years of service.
5. Holidays
Martin Luther King's birthday is added as a holiday, as the City recently did for
miscellaneous employees.
Employees hired after October 1996 will have a one -time opportunity to choose to
receive half their holidays as time off rather than pay. This is another provision designed
to address the lower rate of leave accrual for employees hired after 1996.
6. Health Insurance
The Firefighters Association will participate in the City's cafeteria medical plan, which
will leave only one employee association (Fire Management, with whom we are in
negotiations) in a different plan. The City's contribution to the medical plan will be $500
per month in the first year, $550 in the second year and $575 in the third year, the same
as for the Police associations.
Retirement
The Association withdrew their request for the 3% @ 50 benefit, and will remain at 3%
@ 55. This would have been a costly benefit for the City to provide, and the Association
placed a higher priority on salary and flex leave.
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MEMORANDUM OF UNDERSTANDING COUNCIL Ga ,DA
• BETWEEN NO
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:
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 2002 to December 31, 2991- 2004 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 20001 2002 -2004 MOU.
• 4. This MOU, upon approval by NBFA and the Newport Beach City Council, and the
of T T_.A......tandi_g dated ..___ 23 !997 represents the total
and complete understanding and agreement between the parties regarding all matters
within the scope of representation.
SECTION I. —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 2001 -50, the City
acknowledges that NBFA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and conditions of
employment for all employees in 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.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any ordinance, resolution or
• action of the City Council necessary to implement this MOU shall be
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considered effective as of January 1,4949 2002. This MOU shall remain I •
in full force and effect until December 31, 200-1.2004, 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.
C. Scope.
All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's Rules or Regulation's falling within the scope of
representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within
the scope of representation. •
When the Department proposes to change any SOP departmental rule
change. If such proposed change materially impacts any matter
within the scope of representation, then the parties agree to meet and
confer over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ( "Management Rights ") as set forth in Resolution No. 4443
2001 -50 "
D. Bulletin Boards.
Space shall be provided on bulletin boards within the Fire and Nlafitte
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 •
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• 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.
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 4-9 16 of Resolution No. 7173 2001- I
50 or a successor resolution.
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I. Definitions. •
For the purposes of this MOU these terms shall have the following meanings:
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.
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.
I Maintenance of Membership
Any employee in this Unit who has authorized association deductions on the
effective date of this Agreement, or at any time subsequent to the effective date of
this Agreement shall continue to have such dues deductions made by the City
during the term of this Agreeement, provided that any employee in the Unit may
terminate such Association dues by submitting a signed request to cancel pavroll
deduction to the Human Resources Director during the period of December 1
through December 31 each year. The Association shall indemnify the City and
hold it harmless against any and all suits claims demands and liabilities that may
arise out of or by reason of the application or implementation of the provisions of
this section.
SECTION 2.— COMPENSATION
A. Direct Wage Payments
1. Salary Aduustments
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:
is
Percent of •
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• Firefighter
Top Step
Firefighter Series
Firefighter
N/A
Engineer
112.50%
Paramedic
122.25%
Line Captain
132.00%
Percent of
Fire Inspector- Non - safety
Top Step
Fire Prevention Series
Fire Inspector, Non - safety N/A
Fire Prevention Specialist, Safety 115%
Fire Prevention Specialist, Non - safety 115%
Fire Prevention Specialist Plan Check,
Safety 125%
• Fire Prevention Specialist Plan Check,
Non -safety 125%
Staff Captains and Deputy Fire Marshal shall receive an additional 7.5%
of base pay over Line Captains.
Firefighter Series
(a) , 1999, the City 9M
ine.rease base salarf for the firefighter elassifieatieti by twe end—
one
Effective
2602December 29, 200t, the City shall increase base salary for the
firefighter classification by ei ht (8 %percent (with increases for
other classifications pursuant to the matrix above). This increase
is inclusive of a five (5 %)percent market adjustment.
(b) Effective the firA pwffell peried in jammy, 2000 Deeember
2002January 11, 2003, 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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(c) Effective June 28 , 2003, I •
the City shall increase base salary for the firefighter non sa€ety
classification by flifee (M+two 2% ercent (with increases for
other classifications pursuant to the matrix above).
(d) Effective Deeember , 2004 January 10, 2004, the City shall
increase base salary for the nen sa€et5tfirefighter classification by
three (3 %) percent 'wit- inereases for other elass:fi °-`---
(e) Effective June 26, 2004, the City shall increase base salary for the
firefighter classification by two 2 %) percent (with ._erases for
Fire Prevention Series
(a) Effective December 29, 2001, the City shall increase base
salary for the Fire Inspector, Non -Safety classification by eight
(8 %) percent (with increases for other classifications pursuant
to the matrix above). This increase is inclusive of a five (5 %)
percent market adjustment.
(b) Effective January 11, 2003, the City shall increase base salary •
for the Fire Inspector, Non -Safety classification by three (3 %)
percent (with increases for other classifications pursuant to the
matrix above).
(c) Effective June 28, 2003, the City shall increase base salary for
the Fire Inspector, Non -Safety classification by two (2 %)
percent (with increases for other classifications pursuant to the
matrix above).
(d) Effective January 10, 2004, the City shall increase base salary
for the Fire Inspector, Non -Safety classification by three (3 %)
percent (with increases for other classifications pursuant to the
matrix above).
(e) Effective June 26, 2004, the City shall increase base salary for
the Fire Inspector, Non -Safety classification by two (2 %)
percent (with increases for other classifications pursuant to
the matrix above)..
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. 2. 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 tunes 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 member's 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.
3. 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.
4. Scholastic /Certificate Achievement Pay.
NBFA members are entitled to additional compensation contingent upon
scholastic achievement ( "Scholastic /Certificate Achievement Pay ").
NBFA members may apply for increases pursuant to this Section when
eligible and scholastic and/or certificate achievement pay shall be
included in the member's paycheck for the pay period immediately after
approval by the Fire Chief. It is the responsibility of the NBFA member
to apply for Scholastic and/or Certificate Achievement Pay. Approval of
• the member's application shall not be unreasonably withheld or delayed,
and the member shall not be entitled to receive scholastic and/or
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5.
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certificate achievement pay prior to the date the application is approved •
even though the member may have been eligible prior to approval.
Scholastic and/or Certificate 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 and/or certificate achievement pay in accordance with
the following:
Years of College Monthly
Service: Semester/Unit: Compensation:
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
4
B.A./B.S.
M.A./M.S.
5.5% mo /top step base FF salary
6.5% base FF
meAep step saluy
Certificate Pa
Coursework: Monthly Compensation:
Completion of 1.5 0/o/mo base is
coursework for
Fire Officer I or
GeAtfied -Fire
Prevention -Officer I1.
6. 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- in line positions shall be selected in
accordance with Department S.O.P. 5.A.504
C. Qualified employees wishing to work voluntary overtime in a class
lower than their current class (downgrade) may volunteer to do so is
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• 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.
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 member's
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 $289.99 five (5 %)percent
• of base nay per month.
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material pay shed! be inereased to five (M� pefeefft of base pay
(b) Should the City establish a Tactical Paramedic Assignment, it will
give notice to and, upon request, meet and confer with the
Association on those aspects of the program which fall within the
scope of representation.
(c) Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of S%
above base salary, plus overtime at the rate of time and one half,
for employees who are assigned special projects outside of or
above and beyond their normal job classification. The types and
duration of these temporary assignments will remain a
management peeogative prerogative.
Committee participation such as Safety Committee, and work on
various projects such as Public Safety Day and the CERT
Program are excluded from consideration under this Agreement.
.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
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.
10. Shift Holdover.
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•
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• e 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).
11. �mergency Recall
If an employee who is not on stand -by or shift hold -over and is required to
return to work or to continue on duty during his/her off-duty hours for
actual firefighting, or similar emergency designated by the Department
Director, the employee shall receive a minimum of three (3) hours
compensation for the fast hour worked and compensation for time worked
thereafter
regular rate fate —or equivalent time efE Employee's scleetien
eempensatery time off instead of eai.d eyeAkne shall-be at the diserefien
of the Beeartn enter
A-.12. 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/PaPeeriod Increase
Line Employees
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
1.09% 1.5%
20 but less than 25
11.54
1.7M; 2.5%
25 and over
11.54
2,50% 3.5%
Leave
Accrual
Longevity Pay
Years of Con't. Svc
Hours/Pay Period
Increase
Staff and Non - Safety
Employees
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
i.00% 1.5%
20 but less than 25
8.24
44M�2.5%
25 and over
8.24
240%3.50
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 Accrual
Years of Cont. Svc Hours/Pay Period
Line Employees
1 but less than 5 649 7.81
12
Longevity Pay
Increase
0.00%
•
•
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5 but less than 9
4-.748.66
0.00%
• 9 but less than 12
9:9410.62
0.00%
12 but less than 16
19$211.54
0.00%
16 but less than 20
11.54
1.00461.5%
20 but less than 25
11.54
2.5%
25 and over
11.54
330% 3.5%
Leave
Accrual
Longevity Pay
Years of Con't. Svc
Hours/Pay Period
Increase
Staff and Non - Safety
Employees
1 but less than 5
4-.925.58
0.00%
5 but less than 9
§-.5946.19
0.00%
9 but less than 12
6-.467.59
0.00%
12 but less than 16
7-.2-88.24
0.00%
16 but less than 20
8.24
L00°6 1.5%
20 but less than 25
8.24
1.755; 2.5%
25 and over
8.24
330% 3.5%
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.
2. 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 fifne to st—eff
eWleyees and 89.5 hours of paid leave fime six (6) months of
accrual 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 or non - safety employees shall
• accrue 64 hear- six ( ) months of flex leave and line employees
shall accrue 89.`DJ 5 he n- sixL) months of flex leave immediately
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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 Seetiee :703 et seq�ef
SeefiEm 11.2 Of Employee Policy
Manual. Members entitled to use sick leave pursuant to Section
703.1 of the n,._,.,.__.., n,.- _,...:__ „ 2 A -°the Employee Policy
Manual and who are absent due to illness shall have their sick
leave bank reduced by the duration of the absence unless the
member notifies 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.
(c) 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.
ffi d) 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.
fe)(e) Members currently in the vacation/sick leave program shall be
provided a one -time opportunity to convert to the flex -leave
•
14
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• program during the month of MayJuly, 2002. All changes shall be
effective the first pay period in January 2002.
B. Holiday Time.
1. Line Emplovees. 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 5_54 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.
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 9WI have 100% of their holiday
eempensation provided in pay after hired
after December, 1996 shall be given a one -time option, during the month
of July 2002, to elect to receive up -to one -half of
accrued holiday time as time off. All changes shall be effective the first
pay period in August. New employees shall have the same one -time
option upon hire. Employees hired prior to December, 1996 shall have a
one -time option during the month of July 2002 to elect pay or time off for
the Martin Luther King Birthday h
2. Staff and Non - Safety Employees. Staff employees shall receive the
following fully paid holidays:
New Years Day, Martin Luther King Birthday, Presidents Day, Memorial
• Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and the day after Thanksgiving, one —half day on Christmas Eve,
15
Draft #5
Christmas, and one -half day on New Years Eve. In addition, Staff
employees will be entitled to one floating holiday at the members election.
Staff employees shall have the one -time option of accruing g oliday time as
pay. Staff employees may be required to take specified City holidays off
in at the sole discretion of the Fire and-Marine Chief. Time will be
charged against the employee's flex (or vacation) leave bank.
Employees hired prior to December, 1996 shall have a one -time option
during the month of July 2002 to elect pay or time off for the Martin
Luther King Birthday holiday.
C.3- Worker's Compensation Leave.
Any Safe NBFA iner employee 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.
ED. 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 D_______, n...._,...:__ Employee Policy Manual 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
16
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
L�
•
•
•
•
Years of
Con't. Service
Staff Employees
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
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Draft #5
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.
Family Sick Leave.
for an illness
of a dependent which requires the presence of the employee.
Leave shall be administered in accordance with the provisions of Sections
:703.4.2.1 of the n.,....,.me! n....,.i._.:e - ri �2i - E •r
�rtghe Employee Policy
Manual. 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.
14E. 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 and Non - Safetv employees
shall be entitled to forty (40) hours of Bereavement Leave per calendar year per
event while Line Employees shall be entitled to _
17
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our shifts hours of Bereavement Leave. Bereavement leave shall be
administered in accordance with the provisions of Seeta__ 495 11.3 of °"I-AGR •
Ne. 88-13 the Employee Policy Manual. 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.
EF. 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 member's 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. Health and Dental Insurance.
LJ
-
.-
I•
2. Gammeneing approximately A01 15, 1999, the Gity, Asseeiafien and
e9wr empleyee groups shall joint', the implementmia
The City has implemented an IRS qualified Cafeteria Plan. NBFA
members shall Join this plan effective July 1, 2002. The City contribution
toward the Cafeteria Plan shall be as set forth below. In addition, the City
shall contribute a total of $16 towards medical insurance. 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 Firefighters Association will cooperate in
pursuing additional optional benefits to be available through the Cafeteria •
18
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• Plan.
Any unused Cafeteria Plan 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.
Effective January, 2002, the City's contribution towards health insurance
programs will be a maximum of $500.
Effective July, 2002, the City's contribution towards the Cafeteria Plan
will be $484 (plus the $16 medical contribution).
Effective January, 2003, the City's contribution towards the Cafeteria Plan
will be $534 (plus the $16 medical contribution).
Effective January, 2004, the City's contribution towards the Cafeteria Plan
will be $559 (plus the $16 medical contribution).
Effective upon the ratification of this agreement, NBFA members who do
not want to enroll in any health care plan offered by the City must provide
evidence of health care insurance coverage, and execute an opt out
agreement releasing the City from any responsibility or liability to provide
• health care insurance coverage on an annual basis.
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 earnable which PERS uses to
calculate retirement contributions and benefits—and the entire normal
miscellaneous member contribution, not to exceed 7 %. In addition, the
amount of this payment shall be reported to PERS as special
compensation, which is part of the employee's compensation eamable,
pursuant to the provisions of Section 20636 (c)(4) of the California
Govemment 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 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
19
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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.
.S • _ _ VQ
� •Y _ _ 1
32. The City's contract with PERS shall also provide for:
a. A 2%@50—&o—@.55 retirement formula pursuant to the
provisions of Section 21252.01 of the California Government Code
and the 2% @ 55 retirement formula for Miscellaneous employees.
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.
3. The Level 4 1959 Survivors Benefits.
r 1
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C. Medieal Advismy-Benefits Information Committee.
The City shall meet with a medical – dental advisefy- information committee on a
quarterly basis. during the filefth"s of duly. AT vembm 4wma,7m d *��a9. 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 p rocess. NBFA and the City have worked cvpeuc_ Z in the scx ccnonvf
involved artiei_ati -- —IM x-c he nicmcul
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D. Retiree Health Insurance.
.• Y
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 Ca1PERS medical insurance plan
and the mandatory minimum of $16 per month employer contribution to said plan
on behalf of the annuitant.
i.
The City has implemented a $400 per month cap for retiree medical
insurance premium contributions as agreed to by the
• the City and the Newport Beach
21
NOW
wiffio
WIii ON
16010910
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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 Ca1PERS medical insurance plan
and the mandatory minimum of $16 per month employer contribution to said plan
on behalf of the annuitant.
i.
The City has implemented a $400 per month cap for retiree medical
insurance premium contributions as agreed to by the
• the City and the Newport Beach
21
Draft #5
Firefighters Employees Association In accordance with existing agreements, 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 " to a
maximum of $400 Retirees shall be responsible for any remaining medical
insurance premiums The employee's current share of the
retirement contribution in accordance with the formulas set forth above shall be
$27.47 per month Effective March 9a 2002 the employee's current share of the
retirement contribution shall be $34.06 per month. Subsequent contribution levels
shall be set in 3mHiary annually, in accordance with the formula described above.
Prior to increasing the deductions for the employee's contribution share, the Citv
shall provide the NBFA with documentation supporting the need for said at least
90 days in advance of the effective date of the increaseUpon request. City
representatives will meet and consult with NBFA prior to any increases in
employee deduction levels The parties agree that any increase will take effect as
soon as possible after January 1.
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 unfounded
retiree medical insurance premiums not covered by the funds collected under D.
a above.
In order to accumulate funds to meet the potential unfounded liability in retiree
medical insurance premium payments as projected by the City's actuary and in
addition to the contribution in (a) above, each NBFA unit employee will
contribute $10 per month and the City shall contribute $20 per month into an
interest bearing trust account. These contributions will be continued until the
proiected liability is satisfactorily funded (approximately 30 years), or until such
time as the City and NBFA mutually gree to end the funding on behalf of NBFA
members.
Accumulated funds from the employee and employer contributions described
above shall be held separate from the City's general fund. The funds for the
unfunded liability account shall be kept in an interest bearing account and may
only be used to pay for unfounded retiree medical insurance premiums not
covered by the funds collected under Wa) above.
In the event the retiree medical insurance program described herein is
discontinued NBFA members will receive an accounting on any remaining funds
and the City will immediately meet and confer with NBFA on the distribution of
said funds back to active (not retired/full -rime) City employees in the NBFA unit.
The City will provide NBFA with an annual report certified by the City Finance
Director describing the balance interest earnings, and any expenditures of the •
trust account described herein.
22
Draft #5
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E. Disability Insurance
• , Tthe City shall provide disability insurance with the
following provisions:
Weekly Benefit 662/3%
gross weekly wages
Maximum Benefit (mo.) $3;8 000
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.
Employees shall
asses are respeasibiliW responsible for the payment of the disability insurance
cost in the amount of one (1.0 %) percent of base salary.
shall inereffle base wages by ene (1.0%� ,, . There will be no increase in the
cost of the disability insurance program for the term of this agreement.
• F. Employee Assistance Program.
23
•. •.
Y. .
E. Disability Insurance
• , Tthe City shall provide disability insurance with the
following provisions:
Weekly Benefit 662/3%
gross weekly wages
Maximum Benefit (mo.) $3;8 000
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.
Employees shall
asses are respeasibiliW responsible for the payment of the disability insurance
cost in the amount of one (1.0 %) percent of base salary.
shall inereffle base wages by ene (1.0%� ,, . There will be no increase in the
cost of the disability insurance program for the term of this agreement.
• F. Employee Assistance Program.
23
Draft #5
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.
G. Fitness Program
All NBFA members shall participate in the Department Fitness Program as
outlined in Department SOP. as euditted in SOP VE P2901. Health and Fitnes-s
ENfthm iefla.
H. Physical Conditioning_ Equipment�Apperel
4-.City has acquired fitness equipment for use by members in maintaining physical
fitness. City shall budget $.75;000.00 per year for the acquisition, maintenance,
repair, improvement, or replacement of fitness equipment. Up to $7.500 maybe
carried over to a subsequent fiscal year(s).
2. City shall provide workout apparel for each NBFA member assigned to
fire suppression. Workout apparel shall consist of three workout shirts •
and two trunks. All 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.
I. 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, work out shirts, work out trunks and turnout safety clothing. City shall not
be responsible for providing employee with socks, underwear, cap or workout
shoes, or other clothing.
The City will report the value of the required uniform at $750.
The City will provide an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination This ggwpment will be used
to temporarily replace an emploveespersonal turnout eqmipment that cannot be
placed in service because they are wet contaminated, or aged These reserve
turnouts will be available by August 1, 2002.
I Court Standby Pay.
•
24
Draft #5
• 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.
K. 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 . 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
AAfftinistrative S..r...,..s � Human Resources 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 1(c)1.
B. Dues Check -off.
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.
C. Flex Leave/Vacation Leave Access.
Flex Leave and Vacation Leave may be taken in 6 hour increments.
• D. Fire Suppression Staffing Levels.
25
E.
F
G
Draft #5
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 BbS staffing shall conform to the provisions in
Section L.
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.
EMT Certification.
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic certified,
who misses, or anticipates missing, a regularly scheduled EMT certification class
shall contact the Fire Chief or his/her designee in an attempt to schedule a
makeup session, provided, however, members may view ene—videotaped classes
to make up for an- absences from a regularly scheduled class in accordance with
County and State requirements. If a makeup session is not available within the
program schedule established by the Department, the member shall, prior to loss
of certification, attend a Departmental session or class offered by a public or
private institution on the member's own time and without compensation by the
City.
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.
Definitions.
(a) "Layoffs" or "Laid off' shall mean the non -- disciplinary
termination of employment.
(b) "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
26
•
•
•
Draft #5
• 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.
27
Draft #5
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. Re-
Mlovment lists will be valid for two (2) years. The re- employment list
shall remain in effect until exhausted by removal of all names on the list.
In the event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re- employment
list shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee •
28
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. 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 Pcrsenm+ Human Resources Director.
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 (cony
attached) and the Employee Policy Manual.
I. Association Leave
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 199 225 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 carved 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
29
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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
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. Pre- Hospital Emergency Medical Services (EMS) System SAT
1. In a prior MOU, Tthe City and Association have met and conferred on
armosed the City's Paramedic and Emergency Transportation
System. The parties have at that time agreed as follows:
•
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Draft #5
• 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.
2. EMS Staffing
All such services shall be staffed using sworn personnel represented by the
NBFA. It is understood that the City and the NBFA have agreed to staff
Ole— of the three Paramedic Units (PA's) _using
existing personnel. — These Six firefighters assigned to the fourth (4th)
position on Truck 62 and Truck 63 pursuant to Section 5.13 of this MOU
will- have been reclassified as Fire Paramedics and reassigned t t he-BLv
smbulanee a Paramedic Unit. Should the City reduce or eliminate the
Truck 62 and Truck 63.
Y 'cif •i•mi.� i•il f%. •irl ��i1'O U�Iii�%riagn•
Y.
WWI NOW
Y.
jL.i•�2il�IRi.I
1I
u
01
Draft #5
_ .Jn
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. Fui4her. if the BI =S Arnbulanee Pfewam is not eonvefted to an Ar S Uttif
have the fielit to en nege
the BLS Ambulmiee.
•! •
• _ _ _ _ _ _ _ • 1. _
L. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program f&ee
M. 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 may
subject the employee to disciplinary action. Employees shall have input into the
agreement to be developed.
N. Fire Inspection Classifications
Existing flexible staffing provisions in Fire Prevention Classifications shall
remain in effect for the term of this agreement.
O. Exposure LoQ
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•
Draft #5
• The City and Association will commence, through a joint committee process, to
develop in a City based exposure log system within 60 days of the ratification of
this Memorandum of Understanding. A City exposure log program within 120
days of the ratification of this Agreement.
P. Reopener
la. The City reserves the right to reopen negotiations if the Social Security
coverage is mandated for public employees.
132. 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.
3. Upon the request of either the Citv or NBFA. negotiations will be
reopened on the DROP Program or changes to the Miscellaneous
Retirement Program. Any agreed upon changes in retirement shall be on a
• cost neutral basis to the City.
4. Upon the request of either the City or NBFA negotiations will be
reopened on improved retirement benefits for non-safety gn lovees. Any
agreed upon changes in retirement shall be on a cost neutral basis to the
C
Executed this —day of
`7'R
Un
go
•
NBFA
NBFA
NBFA
33
gala' 11
Draft #5
CITY OF NEWPORT BEACH •
By:
Demis Neill Tod Ridgeway
Mayor
ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Bumham, City Attorney
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