HomeMy WebLinkAbout06 - Newport Beach Ocean Lifeguards MOUCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
August 23, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Memorandum of Understanding with Association of Newport Beach
Ocean Lifeguards
RECOMMENDATION:
Approve the Memorandum of Understanding (MOU) with the Association of Newport
Beach Ocean Lifeguards (ANBOL) for the two -year period of April 2005 through March
2007.
DISCUSSION:
The last MOU with ANBOL, which represents the City's seasonal lifeguards, expired in
March 2005. The City's negotiating team has reached a tentative agreement on a two -
year agreement, and the association has ratified it.
The major provisions of this MOU are as follows.
1. Term: 2 years
2. Salary:
4% April 2005
3% April 2006
■ Effective January 2006, eliminate first two steps of Lifeguard I salary range
A salary survey at the start of this season showed that Newport Beach was behind the
market, especially for the entry level position of Lifeguard I. The City's salary position
has started to affect our recruitment for new lifeguards. The number of people trying out
for a Lifeguard I position decreased by 75% from 2002 to 2005, although we still needed
MOU with Association of Newport Beach Ocean Lifeguards
August 23, 2005
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to hire nearly as many people. The City needs to attract more applicants to be sure that
we are getting the most qualified people.
3. Bilingual Pay
The MOU provides for pay of $.50 per hour for those employees who are certified to be
fluent at the street conversational level in Spanish. Bilingual pay is already provided to
Police Department employees, and we are studying the issue for office employees
throughout the City. Many of our beach visitors do not speak English, and it is an
advantage for the lifeguards to be able to communicate with them.
4. Staffing
Clarifications have been made regarding the staffing of patrol units with two persons
and the staffing of lifeguard towers during the spring.
Funding Availability:
Staff estimates the cost of implementing this MOU to be $44,900 in the first year and
$35,000 in the second year. Funds have been included in the 2005 -06 budget.
Submitted by:
Sh ron Wood
Assistant City Manager
Attachments: Memorandum of Understanding between the City of Newport Beach and the
Association of Newport Beach Ocean Lifeguards
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
PREAMBLE
1. The Association of Newport Beach Ocean Lifeguards, 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. Association representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment
for the period from April 1, 2005 to March 31, 2007 and this tentative agreement
has been embodied in this MOU.
3. This MOU, upon approval by the Association and the Newport Beach City
Council, represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of representation.
Except as limited herein, the City retains all management rights as set forth in
the Meyers - Milias -Brown Act and resolution 7173.
SECTION 1.— General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer /Employee Relations Resolution No. 7173, the City acknowledges that
the Association 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 of Lifeguard I, II, and III,
or as appropriately modified in accordance with the Employer /Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees meeting the following criteria:
Active employees with job titles of Lifeguard I, II, and III who have worked
in such positions for the City of Newport Beach during the most recent
summer season (or the summer season the year preceding the most
recent season if they took an approved leave of absence and missed the
most recent year) and who have worked 300 cumulative hours. All other
employees are excluded.
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
considered effective as of April 1, 2005. This MOU shall remain in full
force and effect until March 31, 2007, 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. Negotiations
for a successor agreement shall commence in January 2007.
2. The terms and conditions of this MOU shall prevail over 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 similar to
this MOU.
C. Employee Data and Access
Each March the City shall provide the Association a list of all unit members
including name, and job title.
D. 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, and each party expressly waives its rights to request the other to
meet and confer concerning any issue contained herein.
E. 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.
F. 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
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governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
SECTION 2. — Compensation
A. Pay for Time Worked
1. Salary Adiustments
Base salaries will be increased by four (4 %) percent effective the first
pay period in April 2005 and three (3 %) percent effective the first pay
period in April 2006.
In addition, effective the first pay period in January 2006, the first two
steps of the Lifeguard I salary range shall be eliminated. Individuals
occupying those steps will advance to the new Step I and be eligible for
further step advancement after 350 hours at the new step.
2. Bi- Linqual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking Spanish. Employees certified shall receive bilingual pay the
first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
2. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Department Director and
approved by the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non - exempt employees shall be
paid at one - and - one -half (1 -1/2) times the hourly rate of the employee's
bi- weekly salary rate. Reporting of overtime on payroll forms will be as
prescribed by the Administrative Services Director.
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SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy.
Based on availability, Lifeguard Towers will be staffed with Lifeguard II
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive move up pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty -five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Sunglasses
Represented employees in the Association of Newport Beach Ocean Lifeguards
shall be paid One Hundred ($100.00) Dollars annually towards the purchase of
UVA /UVB compliant sunglasses by July 15c of each season they are working.
Sunglasses must be full coverage, have polarized lenses, and be worn
whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as-
needed basis.
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C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
D. Binoculars
Each Seasonal Lifeguard shall be provided a pair of binoculars (minimum
power 10 x 50) at the start of their careers with the City. Binoculars must be
kept in good working order by the employee and must be brought to work for
each Lifeguard Operations shift, which will be confirmed by inspection by the
Division Supervisors. If the provided binoculars are lost or damaged, the
employee shall replace them with a pair meeting the City's specifications.
E. Other Equipment
One pair of sweat pants provided to each employee once per season.
One pair of uniform trunks, two uniform shirts and one full brimmed uniform hat
each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F. Gym
Represented employees will be provided access to the City Gym.
G. Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits /privileges.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief within
ten (10) calendar days of the disciplinary action. The Fire Chief will meet with
the employee and a representative of their choosing within ten (10) calendar
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days of the appeal. If the matter continues to be unresolved, the employee
may, within ten (10) calendar days, appeal to the City Manager. The City
Manager will meet with the employee and their representative. Within ten (10)
calendar days, the City Manager shall issue his /her decision. The decision of
the City Manager shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
Executed this day of
ATTEST:
in
ASSOCIATION
LIFEGUARDS
0
0
2005:
OF NEWPORT BEACH OCEAN
CITY OF NEWPORT BEACH
By:
John Heffernan, Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
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