HomeMy WebLinkAbout06 - MOU with City Employees - Prof & Tech EmployeesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
September 13, 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: Memoranda of Understanding with City Employees Association,
Professional and Technical Employees Association and Employees
League, and Salary and Benefit Adjustments for Key and
Management Employees
RECOMMENDATIONS:
1. Approve the Memoranda of Understanding (MOUs) with the City Employees
Association, Professional and Technical Employees Association and Employees
League for the two -year period of July 2005 through June 2007.
2. Approve the same salary and benefit adjustments for Key and Management
employees.
DISCUSSION:
Background:
The MOUs with our three non - safety employee associations expired on June 30, 2005.
The City's negotiating team was unable to conclude negotiations with these groups
before the previous agreements expired, due to the time required to complete our more
complex negotiations with the safety associations. We have reached tentative
agreement with the non - safety associations, pursuant to direction from the City Council,
and their members have ratified the agreements.
Summary of MOU Provisions:
1. Term: 2 years
2. Salary Adjustments:
• 5% July 2005
• 3% July 2006
Memoranda of Understanding with Employee Associations
September 13, 2005
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These three employee groups (as well as the unrepresented Key and Management
employees) agreed to a year with no salary adjustments in 2004 -05, when the City had
budget concerns due to actions by the State. in recent recruitment efforts, we have
found that our salaries are not competitive with other agencies in southern California.
3. Bilingual Pay:
Bilingual pay is provided to our Police employees, and will be provided to our seasonal
lifeguards if their MOU is approved on this agenda. Many of our office employees (e.g.,
fiscal clerks and clerical positions) and our field employees (e.g., inspectors) speak
Spanish when dealing with customers and contractors. This is a valuable skill to the
City and provides a higher level of customer service. The amount of bilingual pay and
its applicability will be determined by a City /employee committee that is studying this
matter.
4. Flex Leave: Eliminate "2nd tier"
When the City was experiencing budget challenges in the 1990's as a result of ERAF I,
the employee associations agreed to the reduction of flex leave accrual rates for
employees hired after September 1, 1997. The lower level of leave accrual has become
a recruitment problem, and has affected morale when two employees with similar
experience and tenure have significantly different amounts of time off. This change
would equalize flex leave accrual rates, prospectively only; it would not result in adding
accrued leave for any period prior to the July 1, 2005 effective date of this MOU.
5. Health Benefit:
■ $724 per month January 2006
• $774 per month January 2007
These contributions reflect an increase of $50 per year for ongoing increases in medical
insurance costs, and are consistent with the contributions recommended for Police
employees on this agenda.
6. Tuition Reimbursement:
Reflecting increases in education costs, and the value to the City of having employees
who further their educations, the maximum tuition reimbursement will be increased from
$1,250 to $1,400 per fiscal year.
7. Retirement Benefit:
The non - safety employee groups have been interested in enhancing their retirement
benefit to 2.7% 55 for the past few years, but it has been very expensive due to
Memoranda of Understanding with Employee Associations
September 13, 2005
Page 3
CalPERS' low investment returns. As PIERS' returns are improving, the employees are
hopeful that the cost of a retirement enhancement will be more affordable. _ The MOUs
provide that the parties may reopen negotiations to discuss retirement after the City
receives its annual actuarial valuation and rate information. Any change must be cost
neutral to the City.
8. Certification Pays:
A number of certifications held by members of the Employees League (e.g., water or
wastewater operator, master automobile technician) entitle the employee to certification
pay of $100 to $400 per year. These certification pays will be increased by 10 %.
Two new certification pays will be added for Professional and Technical Employees. An
employee meeting the qualifications to be City Archaeologist will receive $400 per year,
the same amount as a Certified Arborist. Building and Public Works Inspectors will
receive pay for a specified list of certifications (e.g., Combination Dwelling Inspector,
Electrical, Plumbing or Mechanical Inspector, Reinforced Concrete Special Inspector,
Structural Steel and Welding Special Inspector). For these certifications, employees will
receive 1% of pay, up to a maximum of 5 %. When inspectors have multiple
certifications, they are able to inspect various aspects of a construction project, and the
City does not need to send more than one inspector to a job site, which increases our
efficiency and customer service. Providing pay for these certifications is also important
for employee retention, especially given the extremely high level of construction and
resulting competitive environment for workers with these skills.
Funding Availability:
Staff estimates the cost of implementing these MOUs to be $1,261,428 in Fiscal Year
2005 -06 and $1,039,181 in 2006 -07. With the same provisions applied to Key and
Management employees, as the City has traditionally done, the costs would be
$1,630,314 and $1,317,713. The funds for 2005 -06 are included in the adopted budget.
Submitted by:
Sharon Wood
Assistant City Manager
Attachments: 1. Memorandum of Understanding Between the City of Newport Beach and
Newport Beach City Employees Association
2. Memorandum of Understanding Between the City of Newport Beach and
Newport Beach Professional and Technical Employees Association
3. Memorandum of Understanding Between the City of Newport Beach and
Newport Beach Employees League
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
PREAMBLE
1. The Newport Beach City Employees Association ( "NBCEA "), a recognized
employee organization, affiliated with UPEC -LIUNA 777, 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. NBCEA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment for
the period from July 1, 2005 to June 30, 2007 and this tentative agreement has
been embodied in this MOU.
3. This MOU, upon approval by NBCEA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers Milias Brown Act of the State of California and the
provisions of the Employer's /Employee Labor Relations Resolution No.
7173, the City acknowledges that NBCEA 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 NBCEA.
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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 July 1, 2005. This MOU shall remain in
full force and effect until June 30, 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.
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. Release Time
1. Three NBCEA officers designated by the NBCEA shall collectively
be granted 120 hours paid release time maximum, annually, for the
conduct of NBCEA business. Such time shall be exclusive of actual
time spent in collective bargaining and shall be scheduled at the
discretion of the NBCEA officer. Every effort will be made to
schedule this time to avoid interference with City operations.
2. Release time designees shall be identified annually and notice shall
be provided to the City. Release time incurred shall be reported
regularly in the form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes; preparation for collective bargaining
activities, and distribution of NBCEA written communication in the
work place.
D. Employee Data and Access
The City shall provide NBCEA a regular list of all unit members including
name, department, and job title. NBCEA designated officers shall be
entitled to solicit membership from new employees at their work site. This
solicitation shall be made from the RELEASE TIME FOR NBCEA
OFFICERS total, and shall be scheduled in a manner that is not disruptive
to departmental operations. Department heads may determine appropriate
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times for new employee contact, but they cannot reasonably deny such
contact.
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, and each party expressly waives its rights to request the
other 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. Permanent Part-Time Employees
City permanent part-time employees are recognized to have due process
rights, in particular Skelly rights, as provided to regular employees.
Membership in NBCEA by part-time employees does not confer on same
recognition as a labor organization for purposes of collective bargaining.
H. Agency Shop
1. Unit employees, by majority vote, have elected for an Agency Shop
provision.
2. The Association shall comply with all statutory and legal
requirements regarding agency shop, should it be approved through
the election process. This will include all requisite procedures for
appeals, record - keeping, establishment of the service fee amount;
designating acceptable charities pursuant to Section 3502.5 of the
Government Code, etc.
3. Complying with agency shop provisions shall not be a condition of
employment. Enforcement shall be the responsibility of the
Association; utilizing appropriate civil procedures. The City will
cooperate with Association efforts to achieve enforcement.
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4. The collection of Association dues and /or service fees shall continue
to be handled through the payroll deduction process.
5. The Association and UPEC -LIUNA 777 agree to defend, indemnify
and hold harmless the City for its action pursuant to this section.
SECTION 2. — Compensation
A. Salary
Effective the pay period beginning June 25, 2005, salaries shall be
increased by 5 %.
Effective the pay period beginning June 24, 2006, salaries shall be
increased by 3 %.
B. Normal Overtime
1. Definitions
a. Miscellaneous Employee - An employee designated as a
miscellaneous member of the Public Employees Retirement
System (PERS).
b. Normal Overtime — Normal overtime for miscellaneous
employees 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 - beginning at
0001 on Saturday and ending at midnight the following Friday.
C. 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.
d. Incidental Overtime - Incidental overtime is any extension of
the basic work shift of less than 1/10 of an hour that is non -
recurrent.
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2. 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. Incidental
overtime is not compensable.
3. Overtime Pay Calculations During Week Including Holiday(s)
For the purpose of calculating overtime, holidays occurring during
the regular work week will count as time worked. The floating
holiday is excluded from this provision.
C. Standby Duty
1. Defined
a. To be ready to respond immediately to calls for service;
b. To be reachable by telephone;
C. To remain within a specified distance from his /her work
station; and
d. To refrain from activities which might impair the employee's
ability to perform his /her assigned duties.
2. Compensation
Standby duty shall be compensated at the rate of one (1) hour of
overtime compensation for each eight (8) hours of such duty.
Standby duty on holidays shall be compensated at the rate of two (2)
hours of overtime compensation for each (8) hours of standby duty.
Should the employee be required to return to work while on standby
status, the provisions pertaining to compensation for call -back pay
shall apply for the actual period of time the employee is in a work
status.
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D. Call -Back Dutv
1. Defined
Call -back duty requires the employee to respond to a request to
return to his /her work station after the normal work shift has been
completed and the employee has left his /her normal work station.
Those periods of overtime which had been scheduled by the
Department Director prior to the end of the normal work shift are not
considered call -back duty.
2. Compensation
All personnel eligible for overtime pay shall be guaranteed two (2)
hours pay, or pay for one - and - one -half (1 -1/2) times the number of
hours worked, whichever is greater. Reporting of overtime on payroll
forms will be prescribed by the Administrative Services Director.
E. Accumulation of Compensatory Time Off
City employees represented by the NBCEA and classified as non - exempt
may receive compensatory time off, in lieu of cash, as compensation for
overtime hours worked. Compensatory time shall be calculated at the rate
of one and one half hours for each hour of overtime worked beyond the 40
hour limit of the work week. Compensatory time is to be granted only when
the employer and employee agree that the application of "comp time" is a
desirable substitute for the payment of cash for overtime. Call -back time
may be converted to comp time with supervisor approval.
Employees may accumulate up to eighty (80) hours of Compensatory Time.
Any hours in excess of eighty (80) will be paid off. Accumulation in excess
of the eighty (80) hours may be approved at the discretion of the
Department Director.
F. Night Shift Differential
Unit members shall receive a night shift differential of $1.00 per hour;
payable for each hour worked after 5:00 pm.
G. Incentive Shift for Library Members
For CEA members in the Library Services Department, the Sunday work
shift will be considered an "incentive" shift. Unit members working on
Sunday who work five hours but less than eight will receive eight hours
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incentive pay at the regular hourly rate. This article is not to be construed
as to impact on other City rules.
H. Court Time
Employees who are required to appear in Court during their off -duty hours
in connection with City business shall receive overtime compensation for
the number of hours they spend in court, with a minimum of two (2) hours
of such compensation.
I. Acting Pav
NBCEA employees will be eligible to receive "acting pay" only after
completing 80 consecutive hours in the higher classification. Acting pay is
107.5% of the employee's base pay rate.
Once the minimum hours requirement has been satisfied, acting pay will be
granted for all hours worked above 40 hours beginning with the 41St hour
worked in the higher classification.
SECTION 3. — Leaves
A. Flex Leave
Effective the pay period beginning June 25, 2005, members hired on or
after July 1, 1996 shall accrue (prospectively) flex leave at the same rate as
members hired prior to July 1, 1996. Members shall accrue Flex leave at
the following rates:
Years of Continuous . Accrual per Annual
Service Pay Period /Hrs Days
1 but less than 5
5.54
18
5 but less than 9
6.15
20
9 but less than 12
6.77
22
12 but less than 16
7.69
25
16 but less than 20
8.31
27
20 but less than 25
8.92
29
25 and over
9.54
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During the first six months of employment, new permanent 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
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employees account. Employees who are assigned to an 88 hour
schedule per pay period will accrue time in proportionate amounts.
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 equivalent 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.
1. Limit on Accumulation
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 provided that they have utilized at least eighty (80) hours
of flex leave the previous calendar year. Effective January 1, 1999,
employees accruing at the 16 years of continuous service level or
above shall be required to use 120 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.
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B. Vacation Leave
This section applies only to those Regular full time Employees hired on or
before January 1, 1990 and who have elected not to enroll in the Flex
Leave program.
1. Basis for Accrual /Full -Time Employees
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
Continuous Accrual per
Service pay period /hrs
0 but less than 5
3.38
5 but less than 9
3.99
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
2. Limit on Accumulation
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.
3. Method of Use
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,
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the seniority and wishes of the employee. Vacation leave may be
granted on an hourly basis.
Sick Leave
This section applies only to those Regular full time Employees hired on or
before January 1, 1990 and who have elected not to enroll in the Flex
Leave program.
1. Basis for Accrual /Full -time Emplovees
Employees entitled to sick 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:
Normal Work Week
40 hours
Service Time Monthly Accrual
0 -1 year
4 hours
1 -2 years
5 hours
2 -3 years
6 hours
3 -4 years
7 hours
4+
8 hours
2. Method of Use
a. General
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 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.
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b. Approval
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 11.2A of the Employee Policy Manual.
3. Sick Leave Conversion
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 50 months
of accrued sick leave, and who have used six or less days of sick
leave during that calendar year will be permitted (only once per year)
to convert up to six (6) 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. This is true for only
those employees who are under the old Sick Leave Policy.
Holiday Leave
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 excepted 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
Washington's Birthday
Memorial Day
Martin Luther King Day
Floating Holiday
July 4
1st Monday in Sept.
November 11
4th Thurs. in November
Last '' /z of working day
December 25
Last '' /z of working day
January 1
3`d Monday in February
Last Monday in May
3`d Monday in January
(1)
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Holidays listed above (except the floating holiday) occurring on a Saturday
shall be observed the preceding Friday. Holidays occurring on a Sunday
shall be observed the following Monday.
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 or sick leave that has been reviewed
and approved by the Department Director.
2. Newly hired employees will be eligible to receive full pay for
scheduled holidays, without a waiting period.
3. "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, which allows the
successful completion of their probationary period.
E. Bereavement Leave
The necessary absence from duty by an employee having a regular or
probationary appointment, because of the 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, sister -in -law, brother -in -law, employee's
spouse's child and grandparents.
F. Leave Sellback
Twice annually, employees shall have the option of selling back on an hour
for hour basis, accrued flex or vacation leave. In no event shall the flex or
vacation leave balance be reduced below one hundred and sixty (160)
hours.
SECTION 4. — Fringe Benefits
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits Information
Committee has been established to allow the City to present data
regarding carrier and coverage options, the cost of those options,
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appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee group with
information about health insurancelprograms and to receive timely
input from associations regarding preferred coverage options and
levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be $674. In addition, the
City shall contribute the minimum CalPERS participating employer's
contribution towards medical insurance. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's
existing medical, dental and vision insurance /programs. The City
and the Newport Beach City Employees Association will cooperate in
pursuing additional optional benefits to be available through the
Cafeteria 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 and during regular open
enrollment periods.
Effective the pay period beginning December 24, 2005, the City's
contribution towards the Cafeteria Plan will increase to $724 (plus
the minimum CalPERS participating employer's contribution).
Effective the pay period beginning December 23, 2006, the City's
contribution towards the Cafeteria Plan will increase to $774 (plus
the minimum CalPERS participating employers's contribution).
NBCEA members who do not want to enroll in any medical plan
offered by the City must provide evidence of group medical
insurance coverage, and execute an opt -out agreement releasing
the City from any responsibility or liability to provide medical
insurance coverage on an annual basis.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part
of the City's health plan offerings as agreed upon by the BIC.
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4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's plan offerings as agreed upon by the BIC.
Additional Insurance Programs
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IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions of
Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for
reimbursable expenses.
Disability Insurance
The City shall provide
disability insurance to
following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
Short-term (STD) and Long -term (LTD)
all regular full time employees with the
66.67% gross weekly wages
$10,000 /month
$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 the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0 %) percent of base salary.
Simultaneously, the City increased base wages by one (1.0 %)
percent.
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3. Life Insurance
The City shall provide life insurance for all regular full -time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre -70 amount. This amount
remains in effect until the employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program EAP) through a
properly licensed provider. Association members and their family members
may access the EAP subject to provider guidelines.
D. Retirement Benefit
1. Existing Benefits
The City contracts with PERS to provide retirement benefits for its
employees. The retirement formula is the 2% @ 55, calculated on
the basis of the best/highest year. The City pays both the employee
and the employer contribution, but the City reports the value of the
Employer Paid Member Contribution (EPMC), so the employees will
have the benefit of the EPMC in their retirement formula
calculations. In addition, the City contracts for the 4th Level 1959
Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick
Leave Credit, Military Service Credit and 2% Cost of Living
Adjustment.
As soon as possible the City will amend its PERS contract to provide
the pre- retirement option settlement 2 death benefit (Section 21548).
2. Reopener
The parties agree to reopen negotiations on a possible retirement
plan enhancement after receipt of retirement rates for the period
beginning July 2006. Any negotiated change must be cost neutral to
the City.
E. LIUNA Supplemental Pension
The City shall contribute, on behalf of each unit member, one and one half
percent (1.5 %) of base salary into the LIUNA Supplemental Pension Fund.
The City's sole obligation is to forward the agreed upon amount to the fund.
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The City is not responsible for, nor does it make any representation
regarding the payment of benefits to unit members.
The Association and UPEC -LIUNA 777 agree to defend, indemnify and
hold harmless the City for its actions pursuant to this section.
F. Retiree Health Benefits Pram
1. Eligibility
The City provides retiree health benefits for employees who retire from
the City with seven or more continuous years of service and become
PERS annuitants. Retirees must be enrolled in a City- sponsored
medical plan at the time of retirement to be eligible for the City's
contribution.
Retirees are eligible for the City's contribution towards coverage for
themselves and one dependent (2 -party coverage). Enrollment of
additional dependents is allowed and the cost to cover more than one
dependent is the sole responsibility of the retiree.
In the event of the death of the retiree, only a dependent spouse will
be allowed to continue coverage.
Cancellation of coverage by the retiree at any time, including
cancellation due to failure to pay the required monthly premiums, will
render the retiree and dependents ineligible for any and all portions of
the City's Retiree Health Benefits Program from the date of
cancellation forward. This eligibility requirement does not preclude
future enrollment in the CaIPERS Health Benefits Program, but
discontinues the City's contribution.
2. Enrollment
If the retiree and their dependent(s) meet all of the City's program and
insurance plan eligibility requirements, they may continue, upon
retirement, their medical, dental and vision coverage or any
combination thereof.
Re- enrollment or new enrollment of a retiree or dependent(s) is not
allowed under the City's Retiree Health Benefits Program once
cancellation of coverage by a retiree has occurred, including
cancellation 'due to failure to pay the required monthly premiums or
prior declined enrollment in coverage. This provision does not apply
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to future enrollment in the CalPERS Health Benefits Program, but
does discontinue the City's contribution.
3. Administration
It is the responsibility of the retiree to notify the City of Newport Beach
Human Resources Department at (949) 644 -3300 or in writing to P.O.
Box 1768, Newport Beach, CA 92658 -8915, of any change of address
or other contact information, any change in a PERS medical plan, any
change in Medicare eligibility or status for the retiree or their
dependent, and /or any change consistent with a qualified status
change (e.g., marriage, divorce, birth or adoption, death of a
dependent, change in spouse's employment status that affects the
spouse's benefits eligibility under another employer's plan, etc.).
Notification of a qualified status change must be done within 30 days
of the status change.
4. Funding of the Retiree Health Benefits Program
a. The City has implemented the $400 per month cap for retiree
medical insurance premium contributions as agreed to by the
City and the Newport Beach City Employees Association.
The City and active employees shall be responsible for
seventy -five percent (50% City and 25% actives) of retiree
medical insurance premium under this program to a maximum
of $400. Retirees shall be responsible for any remaining
medical insurance premiums. For NBCEA unit employees, the
per month employee deduction for retiree medical insurance
shall be $44.07 per month.
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 NBCEA 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 NBCEA prior
to any increases in employee deduction levels.
All monthly premiums must be paid in full upon receipt of the
invoice. Failure to pay monthly premiums within 60 days
of invoice date will result in the cancellation of the retiree and
his /her dependent(s).
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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 (a) above, each NBCEA unit employee will
contribute $10 per month and the City shall contribute $20 per
employee per month into an interest bearing trust account.
These contributions will be continued until the projected
liability is satisfactorily funded (approximately 30 years), or
until such time as the City and NBCEA mutually agree to end
the funding on behalf of NBCEA members.
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 (a) above.
In the event the retiree medical insurance program described
herein is discontinued, NBCEA members will receive an
accounting on any remaining funds and the City will
immediately meet and confer with NBCEA on the distribution
of said funds back to active (not retired /full -time) City
employees in the NBCEA unit.
The City will provide NBCEA with an annual report certified by
the City Administrative Services Director describing the
balance, interest earnings, and any expenditures of the trust
account described herein.
The City and NBCEA agree to continue negotiations on revisions to
the retiree medical insurance program. The parties agree to
conclude negotations on the revisions to the retiree medical program
no later than September 30, 2005.
G. Tuition Reimbursement
NBCEA 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 $1,400.00 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.
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All claims for tuition reimbursement require the approval of the Human
Resources Director.
SECTION 5. —Miscellaneous
A. Reductions in Force /Layoffs
The provisions of this . section shall apply when the City Manager
determines that a reduction in the work force is warranted because of
actual or anticipated reductions in revenue, reorganization of the work
force, a reduction in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification or
Series and this Section should be interpreted accordingly.
DEFINITIONS
1. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination of
employment.
2. "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 the current
Classification or any Classification within the Series, subject to the
following:
a. Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
b. Seniority shall include time spent on industrial leave, military
leave, and leave of absence without pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
3. "Classification" shall mean one or more full time positions identical or
similar in duties not including part-time, seasonal or temporary
positions. Classification within a Series shall be ranked according to
pay (lowest ranking, lowest
pay)-
4. "Series" shall mean two or more classifications within a Department
which require the performance of similar duties with the higher
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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 following a meet and consult process
which constitute a Series.
5. "Bumping Rights ", "Bumping" or "Bump" shall mean (1) the right of
an employee, based upon seniority within a series to bump into a
lower ranking classification within the same series, (2) to be followed
by, an employee being permitted to bump into a classification within
a different series. The latter bumping shall be based upon unit wide
seniority and shall be limited to a classification in which the
employee previously held regular status.
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.
PROCEDURE
In the event the City Manager determines to reduce the number of
employees within a classification, the following procedures are applicable:
1. Temporary and probationary employees within any classification
shall, in that order, be laid off before permanent employees.
2. Employees within a classification shall be laid off in inverse order of
seniority;
3. 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. An employee who has bumping rights shall notify the
Department Director within three (3) working days after notice of
layoff of his /her intention to exercise bumping rights.
4. 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 following the Department Director's consideration of
established performance evaluations.
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
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(if any), and accumulated sick leave to the extent permitted by the
Personnel Resolution.
REEMPLOYMENT
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 expire in 18 months. 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 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,
first class postage prepaid, and addressed to the employee at his or her
last known address. Any employee shall have the right to refuse to be
placed on the re- employment list or the right to remove his or her name
from the re- employment list by sending written confirmation to the Human
Resources Director.
SEVERANCE
If an employee is laid off from their job with the City, for economic reasons,
the City will grant severance pay in an amount equal to one week of pay for
every full year of continuous employment service to the City of Newport
Beach up to ten (10) weeks of pay.
B. Transfer and Reassignments
The City acknowledges that before arriving at a final decision involving the
transfer or reassignment of work schedules of those employees
represented by the NBCEA, the seniority and preference of the employee is
taken into consideration.
C. Promotional Preference
Where no less than 2 unit members achieve top three ranking on a certified
eligible list, selection to the position shall be made with preference given to
the unit members so qualified. Position vacancy announcements for all
available City positions shall be distributed in a manner that reasonably
assures unit members access to the announcements.
D. 9/80 (or 4/10) Scheduling Plan
The City agrees to maintain flex - scheduling where it is currently operating
successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a
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test basis (excluding the Library) for the balance of the life of the MOU.
This test will be conducted at the discretion of the Department Director.
The program will have proven itself to be successful if it costs the same or
less than the present 5/40 program, and if the service levels for the 9/80 (or
4/10) schedules are the same or better as they are on the present 5/40
program. The program will be evaluated individually by work group, and
should a problem involving service reductions or increases in cost
materialize, the Department Director will meet with the work group to
resolve the problem. If the Department Director and the work group
disagree on the solution, the City Manager will consider both sides of the
issue and resolve the dispute. Final evaluation of the success /failure of the
9/80 (or 4/10) schedule test will be conducted by the Department Director,
and his /her determination shall be final.
E. Labor Management Committee
Committees shall meet quarterly on an annual schedule; names of
participating unit members shall be announced to management no less
than 5 working days before the scheduled meeting; cancellation for cause
shall be rendered by the canceling party no less than 48 hours prior to the
scheduled meeting; canceled meetings shall be rescheduled to take place
within 5 working days of the canceled meeting; committees shall be
departmental; they may be combined in the interests of efficiency with other
such committees; City participants shall include appropriate department or
division heads outside the unit; the purpose of the committees shall be to
resolve conflict and exchange information; a unit staff person may attend
meetings; meetings shall be scheduled to last no less than one hour;
grievances in process shall not be subject to resolution in meetings;
matters properly dealt with in negotiations may be discussed but no
agreements shall be effected on same in committee. Meetings shall be on
work time.
The Committees shall include a Library Committee with two unit members
participating; and three additional Committees, one of which shall meet in
each quarter of the year on a continuing rotational basis.
1. Building /Planning /Engineering: Minimum representation shall include
one NBCEA member and one management representative.
2. Finance: Minimum representation shall include two NBCEA
members and two management representatives.
3. All other City departments: Minimum representation shall include
three NBCEA members and three management representatives.
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The City and NBCEA agree that initial committee establishment will require
good faith effort to effect the spirit of this agreement.
F. Discipline - Notice of Intent
Employees who are to be the subject of substantial punitive discipline for
any misconduct or negligence shall be entitled to prior written notice of
intent to discipline at least seven (7) calendar days prior to the imposition of
the actual penalty. This written notice shall contain a description of the
event or conduct which justifies the imposition of discipline. The notice
shall also include the specific form of a discipline intended, and the
employee shall be offered the opportunity to a hearing before their
Department Director prior to the imposition of the penalty.
This procedure will only be applied in cases of substantial punitive
discipline. It shall be understood that a disciplinary penalty equal to an
unpaid suspension of three (3) days or greater shall be substantial. All
other discipline resulting in less than a three (3) day suspension will be
considered non - substantial and will not be subject to the aforementioned
procedure.
This understanding is not intended to in any way reduce the rights of
employees to due process. Employees who have become the subject to
discipline and who believe that the penalty is not justified shall have access
to the grievance procedure as established in the Employee - Employer
Resolution #7173.
G. Grievance Procedure
Step 1: A grievance may be filed by any employee on his /her own
behalf, or jointly by a group of employees, or by a Recognized Employee
Organization.
Within ten (10) calendar days of the event giving rise to a grievance, the
grievant shall present the grievance in writing to the immediate supervisor.
Grievances not presented within the time period shall be considered
resolved.
The supervisor shall meet with the grievant to settle grievance and give a
written answer to the grievant within seven (7) calendar days from receipt of
the grievance by the supervisor. When the immediate supervisor is also
the department head the grievance shall be presented in Step 2.
Step 2: If the grievance is not resolved in Step 1, the grievant may, within
fourteen (14) calendar days from his /her receipt of the supervisor's answer,
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forward the grievance to the department head for consideration. Answer to
the grievance shall be made in writing by the department head, after
conferring with the grievant, within fourteen (14) calendar days from receipt
of the grievance.
Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be
made by the grievant within ten (10) calendar days from the receipt of the
department heads answer, through the representative of his/her
Recognized Employee Organization who may request a meeting with the
City Representative to resolve the grievance. Following the meeting,
answer shall be made by the City Representative, in writing, to the
representative within twenty -one (21) calendar days.
Step 4: Mediation - If the grievance is not resolved after Step 3, as an
alternative to proceeding directly to Step 5, the grievance may be submitted
to mediation. A request for mediation may be presented in writing to the
Human Resource Director within seven (7) calendar days from the date a
decision was rendered at Step 3. As soon as practicable thereafter, or as
otherwise agreed to by the parties, a mediator shall hear the grievance. A
request for mediation will automatically suspend the normal processing of a
grievance until the mediation process is completed. The mediation process
shall be optional, and any opinion expressed by the mediator shall be
informal and shall be considered advisory.
Step 5: Within 20 calendar days of receipt of a grievance denial at step
three, the grievant may file the grievance, in writing, with the Civil Service
Board.
At the next regularly scheduled meeting of the Civil Service Board, the
grievance shall be heard, using Civil Service Board De Novo procedures.
Within 20 calendar days of the hearing, the Civil Service Board shall issue
its findings and conclusions to the parties at interest.
Within 7 calendar days of the issuance of Civil Service Board findings and
conclusions, the City Manager shall affirm, modify or revoke the Boards
decision. The City Managers decision shall be considered exhaustive of
administrative remedies.
Performance evaluation ratings and written reprimands are excluded from
this Step Four grievance process, and shall be dealt with as currently
provided in the Discipline Code.
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H. Probation
1. Probationary Period
Newly hired employees shall serve a twelve (12) month probationary
period. The probationary period for promoted employees shall be
six (6) months.
Newly hired employees shall become eligible for their first step
increase after twelve (12) months. All other City rules regarding step
increases shall remain unchanged.
2. Failure of Probation
(a) New Probation
An employee on new probation may be released at the sole
discretion of the City at any time without right of appeal or
hearing, except as provided in c, below.
(b) Promotional Probation
An employee on promotional probation may be failed at any
time without right of appeal or hearing, except as provided in
c, below, and except that failing an employee on promotional
probation must not be arbitrary, capricious or unreasonable.
An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of
promotional probation.
When an employee fails his or her promotional probation, the
employee shall have the right to return to his or her former
class provided the employee was not in the previous class for
the purpose of training for a promotion to a higher class.
When an employee is returned to his or her former class, the
employee shall serve the remainder of any uncompleted
probationary period in the former class.
If the employee's former class has been deleted or abolished,
the employee shall have the right to return to a class in his or
her former occupational series closest to, but no higher than,
the salary range of the class which the employee occupied
immediately prior to promotion and shall serve the remainder
of any probationary period not completed in the former class.
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(c) Probationary Release
An employee who alleges that his or her probationary release
was based on discrimination by the City, in violation of
Personnel Policy Section 303 Non - Discrimination may submit
a grievance within ten (10) days after receipt of the Notice of
Failure of Probation.
Salary on Reclassification
The City will amend its Employee Policy Manual to provide for a minimum
salary increase of five (5 %) percent upon reclassification (not to exceed the
maximum of the new salary range).
J. Safety Shoes
A Safety shoe allowance in the amount of $125.00 shall be provided to
each Print Shop and Mailroom employee on an annual basis. The present
policy and practices regarding the supply and maintenance of safety shoes
shall remain in place except for the following changes as they apply to the
accelerated wear provisions.
If the soles of the safety shoes wear out within a year, the employee should
present the shoes to his /her supervisor. If the supervisor agrees that the
soles are worn out, he will authorize the employee to purchase a new pair
of shoes at City expense. If the supervisor judges that the uppers are in
good condition, he will authorize the employee to have the shoes resoled at
City expense.
K. Service Awards
For the purpose of determining service awards, if an employee has been
employed by the City on more than one occasion, non - consecutive time will
be considered as part of total service. Prior to system implementations, an
employee is required to individually notify the awards committee of all of the
service time.
L. Employee Handbook
There will be a consolidation of documents to be given to each employee.
This consolidation will be comprised of Employee Policy Manual, related
Departmental Rules and Regulations; Employee /Employer Resolutions and
a copy of Memorandum of Understanding. More information may be
included.
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M. Direct Deposit
All employees shall participate in the payroll direct deposit system.
N. Deferred Compensation
The City agrees to, through a joint City - Employee Committee, explore the
possible addition of additional deferred compensation providers during the
term of this agreement.
O. Bi- Lingual Committee
The City and Association agree to continue the joint committee to study the
issue of bi- lingual pay.
P. 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 jurisdiction, 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 provisions of this MOU relating to any
schedule adjustment be declared invalid, City agrees to provide alternative
benefits agreeable to NBEL, to employees, which will cause such
employees to receive the same amount of money as they would have
received had such provision not been declared invalid.
Executed this day of 2005
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
By:
Teresa Craig, President
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Paul Bechely, Negotiation Team
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CITY OF NEWPORT BEACH
LON
John Heffernan, Mayor
ATTEST:
In
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
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EXHIBIT A
CITY EMPLOYEES ASSOCIATION
Accountant
Accountant II
Administrative Assistant
Buyer
Cultural Arts /Grant Coordinator
Department Assistant
Fiscal Clerk
Senior Fiscal Clerk
Fiscal Specialist
Graphics & Printing Specialist
Inventory Analyst
Librarian I
Librarian II
Librarian III
Librarian IV
Library Clerk I
Library Clerk II
Senior Library Clerk
License Inspector
MIS Technician
Office Assistant
Printing Services Supervisor
Public Works Specialist
Recreation Coordinator
Recreation Manager
Senior Recreation Leader II
Stock Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
PREAMBLE
1. The Newport Beach Professional and Technical Employees Association
( "NBPTEA"), a recognized employee organization, affiliated with UPEC -LIUNA
777, 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. NBPTEA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment to
apply to all affected employees for the period of July 1, 2005 through June 30,
2007. 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.
3. This MOU, upon approval by NBPTEA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers - Milias -Brown Act of the State of California and the
provisions of the Employer's /Employee Labor Relations Resolution No.
7173, the City acknowledges that NBPTEA 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 NBPTEA.
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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 July 1, 2005. This MOU shall remain
in full force and effect until June 30, 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.
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. Release Time
1. Three NBPTEA officers designated by the NBPTEA shall
collectively be granted 120 hours paid release time maximum,
annually, for the conduct of NBPTEA business. Such time shall be
exclusive of actual time spent in collective bargaining and shall be
scheduled at the discretion of the NBPTEA officer. Every effort will
be made to schedule this time to avoid interference with City
operations.
2. Release time designees shall be identified annually and notice
shall be provided to the City. Release time incurred shall be
reported regularly in the form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes; preparation for collective bargaining
activities, and distribution of NBPTEA written communication in the
work place.
D. Scope
1. All present written rules and current established practices and employees'
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.
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2. The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to
the grievance procedures.
3. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non — exclusive managerial rights, powers, functions and
authorities ( "Management Rights ") as set forth in Resolution No. 7173.
Management Rights include, but are not limited to, the following:
(a) the determination of the purposes and functions of City
Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate;
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or
other legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the
Department's responsibilities in the event of an emergency;
(j) the exercise of complete control and discretion over the
manner of organization, and the appropriate technology,
best suited to the performance of departmental functions.
The practical consequences of a Management Rights
decision on wages, hours, and other terms and conditions of
employment shall be subject to the grievance procedures.
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, and each party expressly waives its rights to
request the other to meet and confer concerning any issue within the
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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. Employee Data and Access
The NBPTEA will be provided on a regular basis with a listing of all unit
members. The listing will include name, department, and job title.
Information concerning the NBPTEA prepared by the NBPTEA will be
provided to new employees at the time of orientation. NBPTEA officials
shall be entitled to solicit membership from employees who are not
members.
SECTION 2. — Compensation
A. Salary
Effective the pay period beginning June 25, 2005, salaries shall be
increased by 5 %.
Effective the pay period beginning June 24, 2006, salaries shall be
increased by 3 %.
B. Normal Overtime
1. Definitions
(a) Miscellaneous Employee - An employee designated as a
miscellaneous member of the Public Employees Retirement
System (PERS).
(b) 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
a
the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24
hour periods - beginning at 0001 on Saturday and ending at
midnight the following Friday.
(c) 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.
(d) Incidental Overtime - Incidental overtime is any extension of
the basic work shift of less than 1/10 of an hour that is non -
recurrent.
2. 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. Incidental
overtime is not compensable.
3. Overtime Pay Calculations During Week Including Holiday(s)
For the purpose of calculating overtime, holidays occurring during
the regular work week will count as time worked. The floating
holiday is excluded from this provision.
C. Call -Back Duty
1. Defined
Call back duty requires the employee to respond to a request to
return to his /her work station after the normal work shift has been
completed and the employee has left his /her normal work station.
Those periods of overtime which had been scheduled by the
Department Director prior to the end of the normal work shift are
not considered call -back duty.
2. Compensation
All personnel eligible for overtime pay shall be guaranteed two (2)
hours pay, or pay for one - and - one -half (1 -1/2) times the number of
hours worked, whichever is greater. Reporting of overtime on
payroll forms will be prescribed by the Administrative Services
Director.
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D. Accumulation of Compensatory Time Off
City employees represented by the NBPTEA and classified as non-
exempt may receive compensatory time off, in lieu of cash, as
compensation for overtime hours worked. Compensatory time shall be
calculated at the rate of one and one half hours for each hour of overtime
worked beyond the 40 hour limit of the work week. Compensatory time is
to be granted only when the employer and employee agree that the
application of "comp time" is a desirable substitute for the payment of
cash for overtime. Call -back time may be converted to comp time with
supervisor approval.
Employees may accumulate up to eighty (80) hours of Compensatory
Time. Any hours in excess of eighty (80) will be paid off. Accumulation in
excess of the eighty (80) hours may be approved at the discretion of
Department Director.
E. Night Shift Differential
The City agrees to pay $1.00 per hour night shift differential for
Employees working a regularly scheduled work shift of which four or more
hours are worked between the hours of 5:00 p.m. and 5:00 a.m. Overtime
worked as an extension of an assigned day shift shall not qualify an
employee for night shift differential. The differential pay is paid only for
hours actually worked.
F. Associate Engineer and Junior Civil Engineer
Employees in the class of Associate Engineer and Junior Civil Engineer
who are registered by the State of California shall receive an additional
compensation of five (5 %) percent of base pay per month.
G. Urban Forester
Employees in the class of Urban Forester who maintain an arborist and
applicator certificate shall receive additional compensation in the amount
of Four Hundred ($400) Dollars annually, to be paid in January of each
year.
H. City Archaeologist
Employees who meet the City's minimum qualifications for City
Archaeologist shall receive additional compensation in the amount of Four
3
Hundred ($400) Dollars annually, to be paid in July of each year.
Minimum qualifications for this pay are as follows:
(a) Bachelor's or graduate degree in anthropology, archaeology,
history or a related field, with specialized training in archaeology;
(b) Three years of field experience on archaeology sites and /or field
related work in archaeology; and
(c) Listing in the Certified Archaeologists Register maintained by
Orange County or Registered Professional Archaeologist listing by
RPA.
Certificate Pay
Individuals in the classifications of Building Inspector (I,II, Senior and
Principal) and Residential Building Records Inspector shall be eligible for
Certificate Pay of 1% per certification, to a maxium of 5 %. The following
ICBO certifications shall be eligible, if kept current by the employee:
Certified Building Inspector
Combination Dwelling Inspector
Certified Electrical Inspector
Certified Plumbing Inspector
Certified Mechanical Inspector
Certified Plans Examiner
Certified Accessibility /Usability Specialist
Individuals in the classification of Public Works Inspector and Senior
Public works Inspector shall be eligible for Certificate Pay of 1% per
certification, to a maximum of 5 %. The following ICBO and other
certifications shall be eligible, if kept current by the employee:
Certified Building Inspector
Certified Electrical Inspector
Certified Plumbing Inspector
Certified Mechanical Inspector
Reinforced Concrete Special Inspector
Structural Masonry Special Inspector
Prestressed Concrete Special Inspector
Structural Steel & Welding Special Inspector
Certificate of Construction Inspection for Traffic Signals and Highway
Lighting
PAD Certified Open Water Scuba Diver
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J. Court Time
Employees who are required to appear in Court during their off -duty hours
in connection with City business shall received overtime compensation for
the number of hours they spend in court, with a minimum of two (2) hours
of such compensation.
K. Acting Pay
NBPTEA employees will be eligible to receive "acting pay" only after
completing 80 consecutive hours in the higher classification. Acting pay is
107.5% of the employee's base pay rate.
Once the minimum hours requirement has been satisfied, acting pay will
be granted for all hours worked above 40 hours beginning with the 41St
hour worked in the higher classification.
SECTION 3 - Leaves
A. Flex Leave
Effective the pay period beginning June 25, 2005, members hired on or
after July 1, 1996 shall accrue (prospectively) flex leave at the same rate
as members hired prior to July 1, 1996, Members shall accrue Flex leave
at the following rates:
Years of Continuous Accrual per Annual
Service Pay Period /Hrs Days
1 but less than 5
5.54
18
5 but less than 9
6.15
20
9 but less than 12
6.77
22
12 but less than 16
7.69
25
16 but less than 20
8.31
27
20 but less than 25
8.92
29
25 and over
9.54
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During the first six months of employment, new permanent 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. Employees who are assigned to an 88 hour
schedule per pay period will accrue time in proportionate amounts.
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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 equivalent of the number
of flex leave days advanced from the employee's 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.
1. Limit on Accumulation
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 provided that they have utilized at least eighty
(80) hours of flex leave the previous calendar year. Effective
January 1, 1999, employees accruing at the 16 years of continuous
service level or above shall be required to use 120 hours of flex
leave the previous calendar year to receive such excess pay.
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 spill over 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.
B. Vacation Leave
This section applies only to those Regular full time Employees hired on or
before January 1, 1990 and who have elected not to enroll in the Flex
Leave program.
1. Basis for Accrual /Full -Time Employees
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
Continuous Accrual per Pay
Service Period /Hrs
0 but less than 5
3.38
5 but less than 9
3.99
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
2. Limit on Accumulation
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.
3. Method of Use
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
twelve (12) 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.
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C. Sick Leave
This section applies only to those Regular full time Employees hired on or
before January 1, 1990 and who have elected not to enroll in the Flex
Leave program.
1. Basis for Accrual /Full -time Employees
Employees entitled to sick leave with pay 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:
Service Time Monthly
Accrual Accrual
0 -1 year
4 hours
1 -2 years
5 hours
2 -3 years
6 hours
3 -4 years
7 hours
4+
8 hours
2. Method of Use
(a) General
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
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 twelve (12) months of probation
period, entry-level employees shall not have used sick leave
reduced from their final paycheck if they have maintained a
satisfactory or higher performance evaluation rating
throughout the probationary period.
(b) Approval
Sick leave may be granted only at the direction of or with the
approval of the Department Director and only for the
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purposes defined in Section 11.2 of the Employee Policy
Manual.
3. Sick Leave Conversion
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 50
months of accrued sick leave, and who have used six or less days
of sick leave during that calendar year will be permitted (only once
per year) to convert up to six (6) 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.
Holiday Leave
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 Holiday, such excepted 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
Washington's Birthday
Memorial Day
Martin Luther King Day
Floating Holiday
July 4
1st Monday in September
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 1/2 of working day
January 1
3rd Monday in February
Last Monday in May
3rd Monday in January
(1)
1. Holidays listed above (except the floating holiday) occurring on a
Saturday shall be observed the preceding Friday. Holidays
occurring on a Sunday shall be observed the following Monday.
(Half day holidays shall be observed prior to the observed holiday).
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2. In addition, for all employees who have completed one year of
service, an additional 8 hours of floating holiday will be added to
his /her vacation or flex leave accumulated total on the first pay
period in July each year. Those who have completed less than one
year of service receive 0 hours of floating holiday.
3. "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, which allows
the successful completion of their probationary period.
E. Bereavement Leave
1. 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, brother -in -law, sister -
in -law, employee's spouse's child and grandparents.
2. Maximum Allowed
Such leave shall be limited to five (5) working days per incident.
F. Leave Sellback
Twice annually, employees shall have the option of selling back on an
hour for hour basis, accrued flex or vacation leave. In no event shall the
flex or vacation leave balance be reduced below one hundred and sixty
(160) hours.
SECTION 4. — Fringe Benefits
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits
Information Committee has been established to allow the City to
present data regarding carrier and coverage options, the cost of
those options, appropriate coverage levels and other health
13
r(
programs. The purpose of the BIC is to provide each employee
group with information about health insurance /programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be $674. In addition,
the City shall contribute the minimum CalPERS participating
employer's contribution towards medical insurance. Employees
shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision
insurance /programs. The City and the Newport Beach
Professional and Technical Employees Association will cooperate
in pursuing additional optional benefits to be available through the
Cafeteria 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 and during regular open
enrollment periods.
Effective the pay period beginning December 24, 2005, the City's
contribution towards the Cafeteria Plan will increase to $724 (plus
the minimum CalPERS participating employer's contribution).
Effective the pay period beginning December 23, 2006, , the City's
contribution towards the Cafeteria Plan will increase to $774 (plus
the minimum CalPERS participating employer's contribution).
NBPTEA members who do not want to enroll in any medical plan
offered by the City must provide evidence of group medical
insurance coverage, and execute an opt -out agreement releasing
the City from any responsibility or liability to provide medical
insurance coverage on an annual basis.
3. Dental Insurance.
The existing or comparable dental plans shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
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a
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
Additional Insurance Programs
1
FA
IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions
of Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for
reimbursable expenses.
Disability Insurance
The City shall provide
disability insurance to
following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
Short-term (STD) and Long -term (LTD)
all regular full time employees with the
66.67% gross weekly wages
$10,000 /month
$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 the disability benefit with paid
leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0 %) percent of base salary.
15
Simultaneously, the City increased base wages by one (1.0 %)
percent.
3. Life Insurance
The City shall provide life insurance for all regular full -time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -
paid life insurance is reduced by 50% of the pre -70 amount. This
amount remains in effect until the employee retires from City
employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Benefit
The City contracts with PERS to provide retirement benefits for its
employees. The retirement formula is the 2% @ 55, calculated on the
basis of the best/highest year. The City pays both the employee and the
employer contribution, but the City reports the value of the Employer Paid
Member Contribution (EPMC), so the employees will have the benefit of
the EPMC in their retirement formula calculations. In addition, the City
contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump
Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of
Living Adjustment, and the pre- retirement option settlement 2 death
benefit (Section 21548).
2. Re— opener
The parties agree to reopen negotiations on possible retirement plan for
unit employees after receipt of retirement rates for the period beginning
July 2006. Any negotiated change must be cost neutral to the City during
the two -year term of this agreement
E. LIUNA Supplemental Pension
The City shall contribute, on behalf of each unit member, one and one half
percent (1.5 %) of base salary into the LIUNA Supplemental Pension
Fund. The City's sole obligation is to forward the agreed upon amount to
16
the fund. The City is not responsible for, nor does it make any
representation regarding, the payment of benefits to unit members.
The Association and UPEC -LIUNA 777 agree to defend, indemnify and
hold harmless the City for its actions pursuant to this section.
F. Retiree Health Benefits Program
1. Eli ibilit
The City provides retiree health benefits for employees who retire
from the City with seven or more continuous years of service and
become PERS annuitants. Retirees must be enrolled in a City -
sponsored medical plan at the time of retirement to be eligible for
the City's contribution.
Retirees are eligible for the City's contribution towards coverage for
themselves and one dependent (2 -party coverage). Enrollment of
additional dependents is allowed and the cost to cover more than
one dependent is the sole responsibility of the retiree.
In the event of the death of the retiree, only a dependent spouse
will be allowed to continue coverage.
Cancellation of coverage by the retiree at any time, including
cancellation due to failure to pay the required monthly premiums,
will render the retiree and dependents ineligible for any and all
portions of the City's Retiree Health Benefits Program from the
date of cancellation forward. This eligibility requirement does not
preclude future enrollment in the CalPERS Health Benefits
Program, but discontinues the City's contribution.
2. Enrollment
If the retiree and their dependent(s) meet all of the City's program
and insurance plan eligibility requirements, they may continue,
upon retirement, their medical, dental and vision coverage or any
combination thereof.
Re- enrollment or new enrollment of a retiree or dependent(s) is not
allowed under the City's Retiree Health Benefits Program once
cancellation of coverage by a retiree has occurred including
cancellation due to failure to pay the required monthly premiums or
prior declined enrollment in coverage. This provision does not
17
apply to future enrollment in the CalPERS Health Benefits
Program, but does discontinue the City's contribution.
3. Administration
It is the responsibility of the retiree to notify the City of Newport
Beach Human Resources Department at (949) 644 -3300 or in
writing to P.O. Box 1768, Newport Beach, CA 92658 -8915, of any
change of address or other contact information, any change in a
PERS medical plan, any change in Medicare eligibility or status for
the retiree or their dependent, and /or any change consistent with a
qualified status change (e.g., marriage, divorce, birth or adoption,
death of a dependent, change in spouse's employement status that
affects the spouse's benefits eligibility under another employer's
plan, etc.). Notification of a qualified status change must be done
within 30 days of the status change.
4. Fundinq of the Retiree Health Benefits Program
(a) The City has implemented the $400 per month cap for
retiree medical insurance premium contributions as agreed
to by the City and the Newport Beach Professional Technical
Employees Association. The City and active employees
shall be responsible for 75% (50% City and 25% actives) of
retiree medical insurance premium under this program to a
maximum of $400. Retirees shall be responsible for any
remaining medical insurance premiums. For NBPTEA unit
employees, the per month employee deduction for retiree
medical insurance shall be $44.07 per month.
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 NBPTEA 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 NBPTEA
prior to any increases in employee deduction levels.
All monthly premiums must be paid in full upon receipt of the
invoice. Failure to pay monthly premiums within 60
days of invoice date will result in the cancellation of the
retiree and his /her dependent(s).
m
(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 (a) above; each NBPTEA unit employee will
contribute $10 per month and the City shall contribute $20
per employee per month into an interest bearing trust
account. These contributions will be continued until the
projected liability is satisfactorily funded (approximately 30
years), or until such time as the City and NBPTEA mutually
agree to end the funding on behalf of NBPTEA members.
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 (a) above.
In the event the retiree medical insurance program
described herein is discontinued, NBPTEA members will
receive an accounting on any remaining funds and the City
will immediately meet and confer with NBPTEA on the
distribution of said funds back to active (not retired /full -time)
City employees in the NBPTEA unit.
The City will provide NBPTEA with an annual report certified
by the City Administrative Services Director describing the
balance, interest earnings, and any expenditures of the trust
account described herein.
The City and NBPTEA agree to continue negotiations on
revisions to the retiree medical insurance program. The
parties agree to conclude negotations on the revision to the
retiree medical program later than September 30, 2005.
G. Tuition Reimbursement
NBPTEA 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 $1,400.00 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 approval.
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SECTION 5. - Miscellaneous/Working Conditions
A. Reductions in Force /Layoffs
The provisions of this section shall apply when the City Manager
determines that a reduction in the work force is warranted because of
actual or anticipated reductions in revenue, reorganization of the work
force, a reduction in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification
or Series and this Section should be interpreted accordingly.
DEFINITIONS
1. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination
or employment.
2. "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 the current
Classification or any Classification within the Series, subject to the
following:
(a) Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
(b) Seniority shall include time spent on industrial leave, military
leave, and leave of absence without pay, but shall not
include time spent on any other authorized or unauthorized
leave of absence.
3. "Classification" shall mean one or more full time positions identical
or similar in duties not including part-time, seasonal or temporary
positions. Classification within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
4. "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
20
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shall determine those classifications following a meet and consult
process which constitute a Series.
5. "Bumping Rights ", "Bumping" or "Bump" shall mean (1) the right of
an employee, based upon seniority within a series to bump into a
lower ranking classification within the same series, (2) to be
followed by, an employee being permitted to bump into a
classification within a different series. The latter bumping shall be
based upon unit wide seniority and shall be limited to a
classification in which the employee previously held regular status.
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.
PROCEDURE
In the event the City Manager determines to reduce the number of
employees within a classification, the following procedures are applicable:
1. Temporary and probationary employees within any classification
shall, in that order, be laid off before permanent employees.
2. Employees within a classification shall be laid off in inverse order of
seniority;
3. 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. An employee who has bumping rights
shall notify the Department Director within three (3) working days
after notice of layoff of his /her intention to exercise bumping rights.
4. 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 following the Department Director's consideration of
established performance evaluations.
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.
21
REEMPLOYMENT
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 expire in 18 months. 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 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,
first class postage prepaid, and addressed to the employee at his or her
last known address. Any employee shall have the right to refuse to be
placed on the re- employment list or the right to remove his or her name
from the re- employment list by sending written confirmation to the
Personnel Director.
SEVERANCE
If an employee is laid off from their job with the City, for economic
reasons, the City will grant severance pay in an amount equal to one week
of pay for every full year of continuous employment service to the City of
Newport Beach.
B. Promotional Preference
Where no less than 2 unit members achieve top three ranking on a
certified eligible list, selection to the position shall be made with
preference given to the unit members so qualified, Position vacancy
announcements for all available City positions shall be distributed in a
manner that reasonably assures unit members access to the
announcements.
C. 9/80 Scheduling Plan
The City agrees to maintain flex - scheduling where it is currently operating
successfully.
D. Labor Management Committee
The City will work with NBPTEA leadership, through its managers, to
establish labor- management committees departmentally whenever it is
mutually determined it is appropriate to do so.
22
E. Grievance Procedure
Any employee or group of employees may file a grievance regarding the
interpretation or application of the "Employer- Employee Relations
Resolution" (RESOLUTION NO. 7173), this MOU, or of rules and
regulations, adversely affecting an employee's wages, hours, or
conditions of employment.
A grievance shall be filed according to the following procedure:
Step 1: A grievance may be filed by any employee on his /her own behalf,
or jointly by a group of employees, or by a Recognized Employee
Organization.
Within ten (10) calendar days of the event giving rise to a grievance, the
grievant shall present the grievance in writing to the immediate supervisor.
Grievances not presented within the time period shall be considered
resolved.
The supervisor shall meet with the grievant to settle grievance and give a
written answer to the grievant within seven (7) calendar days from receipt
of the grievance by the supervisor. When the immediate supervisor is
also the department head the grievance shall be presented in Step 2.
Step 2: If the grievance is not resolved in Step 1, the grievant may, within
fourteen (14) calendar days from his /her receipt of the supervisor's
answer, forward the grievance to the department head for consideration.
Answer to the grievance shall be made in writing by the department head,
after conferring with the grievant, within fourteen (14) calendar days from
receipt of the grievance.
Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may
be made by the grievant within ten (10) calendar days from the receipt of
the department heads answer, through the representative of his /her
Recognized Employee Organization who may request a meeting with the
City Representative to resolve the grievance. Following the meeting,
answer shall be made by the City Representative, in writing, to the
representative within twenty -one (21) calendar days.
Step 4: Mediation - If the grievance is not resolved after Step 3, as an
alternative to proceeding directly to Step 5, the grievance may be
submitted to mediation. A request for mediation may be presented in
writing to the Human Resource Manager within seven (7) calendar days
from the date a decision was rendered at Step 3. As soon as practicable
thereafter, or as otherwise agreed to by the parties, a mediator shall hear
23
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the grievance. A request for mediation will automatically suspend the
normal processing of a grievance until the mediation process is
completed. The mediation process shall be optional, and any opinion
expressed by the mediator shall be informal and shall be considered
advisory.
Step 5: If the grievance is not resolved in Step 3 (or Step 4), appeal to
Step 5 may be made by the grievant within 20 calendar days of receipt of
the City Representative's answer. The grievant may, through the
representative of his /her Recognized Employee Organization request, in
writing, a hearing before the Civil Service Board.
At the next regularly scheduled meeting of the Civil Service Board the
grievance shall be heard, using Civil Service Board DeNovo procedures.
Within 20 calendar days of the hearing the Civil Service Board shall issue
its findings and conclusions to the parties at interest.
Within 7 calendar days of the issuance of Civil Service Board findings and
conclusions the City Manager shall affirm, modify or revoke the Board's
decision. The City Manager's decision shall be considered exhaustive of
administrative remedies.
F. Probation
1. Probationary Period
Newly hired employees shall serve a twelve (12) month
probationary period. The probationary period for promoted
employees shall be six (6) months.
Newly hired employees shall become eligible for their first step
increase after twelve (12) months. All other City rules regarding
step increases shall remain unchanged.
2. Failure of Probation
(a) New Probation
An employee on new probation may be released at the sole
discretion of the City at any time without right of appeal or
hearing, except as provided in c, below.
24
(b) Promotional Probation
An employee on promotional probation may be failed at any
time without right of appeal or hearing, except as provided in
c, below, and except that failing an employee on promotional
probation must not be arbitrary, capricious or unreasonable.
An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of
promotional probation.
When an employee fails his or her promotional probation,
the employee shall have the right to return to his or her
former class provided the employee was not in the previous
class for the purpose of training for a promotion to a higher
class. When an employee is returned to his or her former
class, the employee shall serve the remainder of any
uncompleted probationary period in the former class.
If the employee's former class has been deleted or
abolished, the employee shall have the right to return to a
class in his or her former occupational series closest to, but
no higher than, the salary range of the class which the
employee occupied immediately prior to promotion and shall
serve the remainder of any probationary period not
completed in the former class.
(c) Probationary Release
An employee who alleges that his or her probationary
release was based on discrimination by the City, in violation
of Personnel Policy Section 303 Non - Discrimination may
submit a grievance within ten (10) days after receipt of the
Notice of Failure of Probation.
G. Salary on Reclassification
The City will amend its Employee Policy Manual to provide for a minimum
salary increase of five (5 %) percent upon reclassification (not to exceed
the maximum of the new salary range).
H. Emplovee Handbook
There will be a consolidation of documents to be given to each employee.
This consolidation will be comprised of the Employee Policy Manual,
25
related Departmental Rules and Regulations; Employee /Employer
Resolutions and a copy of this Memorandum of Understanding. More
information may be included.
I. Direct Deoosit
All employees shall participate in the payroll direct deposit system.
J. Bi- Lingual Committee
The City and Association agree to continue the joint committee to study
the issue of bi- lingual pay.
K. 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 jurisdiction,
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 provisions of this MOU relating to
any schedule adjustment be declared invalid, City agrees to provide
alternative benefits agreeable to NBPTEA, to employees, which will cause
such employees to receive the same amount of money as they would
have received had such provision not been declared invalid.
Executed this day of
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
0
Mike Wojciechowski, President
Fleener, Negotiation Team
Paul Bechely, Negotiation Team
26
CITY OF NEWPORT BEACH
m
John Heffernan, Mayor
ATTEST:
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LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
27
EXHIBIT A
Professional and Technical Classes
Accountant
Accountant, Senior
Building Inspector I
Building Inspector II
Building Inspector, Senior
Building Inspector, Principal
Buyer, Senior
Civil Engineer
Civil Engineer, Associate
Junior Civil Engineer
City Surveyor
Code & Water Quality Enforcement Officer
Code & Water Quality Enforcement Officer Trainee
Emergency Services Assistant
Engineering Technician
Engineering Technician, Senior
GIS Analyst
GIS Coordinator
GIS Technician
Harbor Resources Specialist
Harbor Resources Supervisor
Harbor Resources Technician I
Harbor Resources Technician II
Library Information Systems Coordinator
Management Assistant
MIS Applications Analyst
MIS Applications Analyst, Senior
MIS Applications Coordinator
MIS Operations Coordinator
MIS Specialist
MIS Specialist, Senior
MIS Technician
Permit Technician
Permit Technician, Trainee
Permit Technician, Senior
Planning Technician
Planner, Assistant
Planner, Associate
Planner, Senior
Public Works Inspector
Public Works Inspector, Senior
Residential Building Records Inspector
28
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Revenue Auditor
Subtrade Plan Examiner
Telecom /Network Coordinator
Traffic Engineering Technician
Urban Forester
Water Quality & Water Shed Specialist
29
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH EMPLOYEES LEAGUE
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
PREAMBLE
1. The NEWPORT BEACH EMPLOYEES LEAGUE ( "NBEL "), 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. NBEL representatives and City representatives have reached agreement as to
wages, hours and other terms and conditions of employment for the period from
July 1, 2005 to June 30, 2007 and this agreement has been embodied in this
MOU.
3. This MOU, upon approval by NBEL and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. — General Provisions
A. Recognition
City hereby confirms its prior certification of NBEL as the recognized employee
organization for the employees in the Construction and Maintenance Unit, and
agrees to meet and confer and otherwise deal exclusively with NBEL on all
matters within the scope of representative pertaining to said employees as
authorized by law.
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 July 1, 2005. This MOU shall remain in full
force and effect until June 30, 2007, and the provisions of this MOU shall
(n. S
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 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. Release Time
1. Three NBEL officers designated by the NBEL shall collectively be granted
120 hours paid release time maximum, annually, for the conduct of NBEL
business. Such time shall be exclusive of actual time spent in collective
bargaining and shall be scheduled at the discretion of the NBEL officer.
Every effort will be made to schedule this time to avoid interference with
City operations.
2. Release time designees shall be identified annually and notice shall be
provided to the City. Release time incurred shall be reported regularly in
the form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes; preparation for collective bargaining activities,
and distribution of NBEL written communication in the work place.
D. Employee Data and Access
The NBEL will be provided on a regular basis with a listing of all unit members.
The listing will include name, department, and job title. Information concerning
the NBEL prepared by the NBEL will be provided to new field employees at the
time of orientation. NBEL officials shall be entitled to solicit membership from
field employees who are not members or who are new City employees assigned
to a field department.
E. Scope
1. All present written rules and current established practices and employees'
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
2
2. The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to
the grievance procedures.
3. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non — exclusive managerial rights, powers, functions and
authorities ( "Management Rights ") as set forth in Resolution No. 7173.
Management Rights include, but are not limited to, the following:
(a) the determination of the purposes and functions of City
Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate;
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or other
legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the Department's
responsibilities in the event of an emergency;
(j) the exercise of complete control and discretion over the manner of
organization, and the appropriate technology, best suited to the
performance of departmental functions.
The practical consequences of a Management Rights decision on
wages, hours, and other terms and conditions of employment shall
be subject to the grievance procedures.
F. 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
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H.
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.
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.
Organizational Security
Employees who are members of the NBEL or become members shall be
required to maintain membership, or maintain payment of an equivalent service
fee checked off by the City for the life of this agreement. NBEL shall indemnify
and hold harmless the City from any and all claims arising from this article.
SECTION 2. —Compensation
L•'
Salary
Effective the pay period beginning June 25, 2005, salaries shall be increased by
5 %.
Effective the pay period beginning June 24, 2006, salaries shall be increased by
3 %.
Overtime
1. Definitions
(a) Miscellaneous Employee - An employee designated as a
miscellaneous member of the Public Employees Retirement
System (PERS).
(b) 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 - beginning at 0001 on Saturday
4
and ending at midnight the following Friday (or as otherwise
designated by the City Manager).
(c) Incidental Overtime - Incidental overtime is any extension of the
basic work shift of less than 1/10 of an hour that is non - recurrent.
(d) 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.
2. 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. Incidental overtime is not compensable.
3. Overtime Pay Calculations During Week Including Holiday(s)
For the purpose of calculating overtime, holidays occurring during the
regular work week will count as time worked. The floating holiday is
excluded from this provision.
C. Standby Duty
1. Defined
(a) To be ready to respond immediately to calls for service;
(b) To be reachable by telephone;
(c) To remain within a specified distance from his /her work
station: and
(d) To refrain from activities which might impair the employee's
ability to perform his /her assigned duties.
2. Compensation
Standby duty shall be compensated at the rate of one (1) hour of
overtime compensation for each eight (8) hours of such duty. Standby
duty on holidays shall be compensated at the rate of two (2) hours of
overtime compensation for each (8) hours of standby duty. Should the
employee be required to return to work while on standby status, the
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provisions pertaining to compensation for call -back pay shall apply for
the actual period of time the employee is in a work status.
D. Call -Back Duty
1. Defined
Call -back duty requires the employee to respond to a request to return to
his /her work station after the normal work shift has been completed and
the employee has left his /her normal work station. Those periods of
overtime which had been scheduled by the Department Director prior to
the end of the normal work shift are not considered call -back duty.
2. Compensation
All personnel on call .back duty eligible for overtime pay shall be
guaranteed two (2) hours pay, or pay for one - and - one -half (1 -1/2) times
the number of hours worked, whichever is greater.
E. Accumulation of Compensatory Time Off
City employees represented by the NBEL may receive compensatory time
off, in lieu of cash, as compensation for overtime hours worked.
Compensatory time shall be calculated at the rate of one and one half
hours for each hour of overtime worked beyond the 40 hour limit of the
work week. Compensatory time is to be granted only when the employer
and the employee agree that the application of "Comp Time" is a
desirable substitute for the payment of cash for overtime. Call -back time
may be converted to comp time with supervisor approval.
Employees may accumulate up to eighty (80) hours of Compensatory
Time. Any hours in excess of eighty (80) will be paid off. Accumulation in
excess of the eighty (80) hours may be approved at the discretion of the
Department Director.
F. Night Shift Differential
The City agrees to pay $1.00 per hour night shift differential for Employees
working a regularly scheduled work shift of which four or more hours are worked
between the hours of 5:00 p.m. and 5:00 a.m. Overtime worked as an extension
of an assigned day shift shall not qualify an employee for night shift differential.
The differential pay is paid only for hours actually worked.
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In accordance with this provision, City agrees to pay $.50 per hour night shift
differential to automotive shop mechanics for hours worked after 5:00 p.m.
G. Differential Pay for One Man Packer
The differential pay for the operation of a one man packer shall be 18.0 %.
H. Acting Pay
NBEL employees will be eligible to receive "acting pay" only after completing 80
consecutive hours in the higher classification. Acting pay is 107.5% of the
employee's base pay rate.
Once the minimum hours requirement has been satisfied, acting pay will be
granted for all hours worked above 40 hours beginning with the 41 st hour worked
in the higher classification.
Certification Pay
Annual payment for State or governing body certification to be as follows for
those League represented employees holding valid and current certification in
areas indicated below on November 15th of each year:
1. Water or Wastewater Operator -
Grade I - $110.00
Grade 11 - $220.00
Grade III - $330.00
Grade IV - $440.00
2. Backflow Certification - $220.00
3. Qualified Applicator Certificate - $110.00 for each category up to a
maximum of $330.00.
4. Smog License - $275.00
5. Fire Mechanic State Level I - $110.00
6. Fire Mechanic State Level II - $220.00
7. Certified Arborist - $110.00
F]
8. ASE Certification - $55.00 per certification up to a maximum of eight and
$220.00 for possessing a current ASE Master Truck Technician and
$220.00 for possessing a current ASE Master Automobile Technician
certification.
9. Commercial Drivers License, Class A - $220.00
10. Commercial Drivers License, Class B - $165.00
J. Court Time
Employees who are required to appear in Court during their off -duty hours in
connection with City business shall receive overtime compensation for the
number of hours they spend in court, with a minimum of two (2) hours of such
compensation.
SECTION 3. - Leaves
A. Flex Leave
1. Effective the pay period beginning June 25, 2005, NBEL members hired
on or after September 1, 1997 shall accrue flex leave at the same rate as
members hired prior to September 1, 1997. NBEL members shall accrue
Flex leave at the following rates:
Years of continuous Accrual per Annual
Service pay period /hrs Days
1 but less than 5
5.54
18
5 but less than 9
6.15
20
9 but less than 12
6.77
22
12 but less than 16
7.69
25
16 but less than 20
8.31
27
20 but less than 25
8.92
29
25 and over
9.54
31
During the first six months of employment, new full -time employees shall
not accrue flex leave. At the completion of six months of employment six
(6) months of flex leave will be placed in the employee's account.
Note: If an employee becomes sick in the first six months of employment,
the City will advance up to six (6) months of flex leave time to be used for
illnesses only. If employee terminates employment prior to six months,
the City will subtract the pay equivalent of the number of paid leave days
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advanced from the employee's 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.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight times the member's bi- weekly accrual rate. Any paid 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 members hourly rate of pay provided that 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.
3. 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.
B. Vacation Leave
This section applies only to those Regular full -time Employees hired on or before
January 1, 1990 and who have elected not to enroll in the Flex Leave program.
1. Basis for Accrual /Full -Time Employees
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:
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Years of Accrual per pay
Continuous period hrs
0 but less than 5
3.38
5 but less than 9
3.99
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
2. Limit on Accumulation
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.
3. Method of Use
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 twelve (12)
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. Any fraction over an hour shall be charged to the next full hour.
Sick Leave
This section applies only to those Regular full -time Employees hired on or before
January 1, 1990 and who have elected not to enroll in the Flex Leave program.
1. Basis for accrual
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:
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10
Normal Work Week
40 hours
Service Time Monthly Accrual
0 -1 year
4 hours
1 -2 years
5 hours
2 -3 years
6 hours
3 -4 years
7 hours
4+
8 hours
2. Method of Use
(a) General
Sick leave may not be taken in excess of that actually accrued.
Sick leave may be granted on an hourly basis.
(b) Approval
Sick leave may be granted only at the discretion of or with the
approval of the Department Director and only for the purposes
defined in Section 11.2 of the Employee Policy Manual.
3. Sick Leave Conversion .
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 50 months of accrued
sick leave, and who have used six or less days of sick leave during that
calendar year will be permitted (only once per year) to convert up to six (6)
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.
Holiday Leave
1. Subject to the provisions herein, the following days shall be observed as
paid holidays by all employees in permanent positions and other except
those personnel whose work assignments, in the judgment of the
Department Director require their presence on the job. For each
designated holiday, except the Floating Holiday, such excepted personnel
shall receive an equivalent number of hours of paid flex leave or
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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
Washington's Birthday
Memorial Day
Martin Luther King Day
Floating Holiday
July 4
1 st Monday in Sept.
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 1/2 of working day
January 1
3rd Monday in February
Last Monday in May
3rd Monday in January
(1)
Holidays listed above (except the floating holiday) occurring on a Saturday
shall be observed the preceding Friday. Holidays occurring on a Sunday
shall be observed the following Monday. (Half day holidays shall be
observed prior to the observed holiday).
Holiday Pay Eligibility
NBEL agrees that members scheduled to work 44 hours and 36 hours
during a two -week schedule will, when a holiday occurs during a work
schedule, receive eight (8) hours pay for said holiday.
Following are the limitations on eligibility for Holiday Pay:
(a) 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, or sick leave, that has
been approved by the Department Director).
(b) Newly hired employees will be eligible to receive full pay for
scheduled holidays, without a waiting period.
(c) "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, which allows
the successful completion of their probationary period.
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E. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected
employees shall be as follows:
1. Defined
The necessary absence from duty by an employee having a regular or
probationary appointment, because of the 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, brother -in -law, sister -in -law, spouse's child
and grandparents.
2. Maximum Allowed
Such leave shall be limited to five (5) working days per incident.
F. Leave Sellback
Twice annually, employees shall have the option of selling back on an hour for
hour basis, accrued flex or vacation leave. In no event shall the flex or vacation
leave balance be reduced below one hundred and sixty (160) hours.
SECTION 4. — Fringe Benefits
A. Health Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage levels
and other health programs. The purpose of the BIC is to provide each
employee group with information about health insurance /programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be $674. In addition, the City
13
Il
shall contribute the minimum CalPERS participating employers
contribution towards medical insurance. Employees shall have the option
of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance /programs. The City and the Newport
Beach Employees League will cooperate in pursuing additional optional
benefits to be available through the Cafeteria Plan.
Employees shall be allowed to change coverages in accordance with plan
rules and during regular open enrollment periods. Any unused Cafeteria
Plan funds shall be payable to the employee as taxable cash back. NBEL
members who do not want to enroll in any medical plan offered by the City
must provide evidence of group medical insurance coverage, and execute
an opt -out agreement releasing the City from any responsibility or liability
to provide medical insurance coverage on an annual basis.
Effective the pay period beginning December 24, 2005, the City's
contribution towards the Cafeteria Plan will increase to $724 (plus the
minimum CaIPERS participating employers contributions).
Effective the pay period beginning December 23, 2006, the City's
contribution towards the Cafeteria Plan will increase to $774 (plus the
minimum CalPERS participating employers contribution).
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
B. Additional Health Insurance /Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
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3.
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The taxable salary
of the employee will be reduced by the amount designated by the
employee for reimbursable expenses.
Disability Insurance
The City shall provide disability insurance to all regular full time
employees with the following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000 /month
$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 the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the
amount of one (1.0 %) percent of base salary. Simultaneously, the City
increased base wages by one (1.0 %) percent.
Life Insurance
The City shall provide life insurance for all regular full -time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000.
Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may access
the EAP subject to provider guidelines.
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D. The Retirement Benefit
1. Existing Benefits
The City contracts with PERS to provide retirement benefits for its
employees. The retirement formula is the 2% @ 55, calculated on the
basis of the best/highest year. The City pays both the employee and the
employer contribution, but the City reports the value of the Employer Paid
Member Contribution (EPMC), so the employees will have the benefit of
the EPMC in their retirement formula calculations. In addition, the City
contracts for the 4 th Level 1959 Survivors Insurance Benefit, $500 Lump
Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of
Living Adjustmentand the pre- retirement optional settlement 2 death
benefit (Section 21548).
2. Reopener
The parties agree to reopen negotiations on a possible retirement plan
enhancement after receipt of retirement rates for the period beginning
July 2006. Any negotiated change must be cost neutral to the City.
E. Retiree Health Benefits Program
1. Eligibility
The City provides retiree health benefits for employees who retire from the
City with seven or more continuous years of service and become PERS
annuitants. Retirees must be enrolled in a City- sponsored medical plan at
the time of retirement to be eligible for the City's contribution.
Retirees are eligible for the City's contribution towards coverage for
themselves and one dependent (2 -party coverage). Enrollment of
additional dependents is allowed and the cost to cover more than one
dependent is the sole responsibility of the retiree.
In the event of the death of the retiree, only a dependent spouse will be
allowed to continue coverage.
Cancellation of coverage by the retiree at any time, including cancellation
due to failure to pay the required monthly premiums, will render the retiree
and dependents ineligible for any and all portions of the City's Retiree
Health Benefits Program from the date of cancellation forward. This
eligibility requirement does not preclude future enrollment in the CalPERS
Health Benefits Program, but discontinues the City's contribution.
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2. Enrollment
If the retiree and their dependent(s) meet all of the City's program and
insurance plan eligibility requirements, they may continue, upon
retirement, their medical, dental and vision coverage or any combination
thereof.
Re- enrollment or new enrollment of a retiree or dependent(s) is not
allowed under the City's Retiree Health Benefits Program once
cancellation of coverage by a retiree has occurred, including cancellation
due to failure to pay the required monthly premiums or prior declined
enrollment in coverage. This provision does not apply to future enrollment
in the CalPERS Health Benefits Program, but does discontinue the City's
contribution.
3. Administration
It is the responsibility of the retiree to notify the City of Newport Beach
Human Resources Department at (949) 644 -3300 or in writing to P.O. Box
1768, Newport Beach, CA 92658 -8915, of any change of address or other
contact information, any change in a PERS medical plan, any change in
Medicare eligibility or status for the retiree or their dependent, and /or any
change consistent with a qualified status change (e.g., marriage, divorce,
birth or adoption, death of a dependent, change in spouse's employment
status that affects the spouse's benefits eligibility under another
employer's plan, etc.). Notification of a qualified status change must be
done within 30 days of the status change.
4. Funding of the Retiree Health Benefits Program
(a) The City has implemented the $400 per month cap for retiree
medical insurance premium contributions as agreed to by the City
and the Newport Beach Employees League. The City and active
employees shall be responsible for seventy -five percent (50% City
and 25% actives) of retiree medical insurance premium under this
program to a maximum of $400. Retirees shall be responsible for
any remaining medical insurance premiums. For NBEL unit
employees, the employee deduction for retiree medical insurance
shall be $44.07 per month.
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
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provide NBEL 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 NBEL prior to any increases in employee deduction levels.
All monthly premiums must be paid in full upon receipt of the
invoice. Failure to pay monthly premiums within 60 days of
invoice date will result in the cancellation of the retiree and his /her
dependent(s).
(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 (a) above; each
NBEL unit employee will contribute $10 per month and the City
shall contribute $20 per employee per month into an interest
bearing trust account. These contributions will be continued until
the projected liability is satisfactorily funded (approximately 30
years), or until such time as the City and NBEL mutually agree to
end the funding on behalf of NBEL members.
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 (a) above.
In the event the retiree medical insurance program described
herein is discontinued, NBEL members will receive an accounting
on any remaining funds and the City will immediately meet and
confer with NBEL on the distribution of said funds back to active
(not retired /full -time) City employees in the NBEL unit.
The City will provide NBEL with an annual report certified by the
City Administrative Services Director describing the balance,
interest earnings, and any expenditures of the trust account
described herein.
The City and NBEL agree to continue negotiations on revisions to
the retiree medical insurance program. The parties agree to
conclude negotations on the revision to the retiree medical program
later than September 30, 2005,
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F. Tuition Reimbursement
NBEL 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 $1,400.00 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.
SECTION 5. Miscellaneous/Workina Conditions
A. Reductions in Force /Layoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
DEFINITIONS
1. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination or
employment.
2. "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 the current Classification or any
Classification within the Series, subject to the following:
(a) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification
or Series;
(b) Seniority shall include time spent on industrial leave, military leave,
and leave of absence without pay, but shall not include time spent
on any other authorized or unauthorized leave of absence.
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3. "Classification" shall mean one or more full time positions identical or
similar in duties not including part-time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
4. "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 and more supervisory
responsibilities for subordinates. The City Manager shall determine those
classifications following a meet and consult process which constitute a
Series.
5. 'Bumping Rights ", 'Bumping" or 'Bump" shall mean (1) the right of an
employee, based upon seniority within a series to bump into a lower
ranking classification within the same series, (2) to be followed by, an
employee being permitted to bump into a classification within a different
series. The latter bumping shall be based upon unit wide seniority and
shall be limited to a classification in which the employee previously held
regular status.
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.
PROCEDURE
The General Services Department will select employees for layoff by straight
seniority department wide. This means department management has total
control of position elimination and personnel reassignment within ranks, but the
layoffs shall be on a straight forward 'last hired -first fired" basis.
The layoff system for the Utilities Department shall operate the same
department -wide seniority as does the General Services Department, with the
exception of the Electrical and Telecommunications sections. Because of the
highly specialized skills and training of the personnel in these sections, these
sections shall be treated as unique and individual unto themselves.
In the event the City Manager determines to reduce the number of employees
within a classification, the following procedures are applicable:
1. Temporary and probationary employees within any classification shall, in
that order, be laid off before permanent employees.
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2. Employees within a classification shall be laid off in inverse order of
seniority;
3. 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. An employee who has bumping rights shall notify the Department
Director within three (3) working days after notice of layoff of his /her
intention to exercise bumping rights.
4. 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
following the Department Director's consideration of established
performance evaluations.
REEMPLOYMENT
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 expire in 18 months. 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 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, first class postage prepaid, and
addressed to the employee at his or her last known address. Any employee
shall have the right to refuse to be placed on the re- employment list or the right
to remove his or her name from the re- employment list by sending written
confirmation to the Personnel Director.
SEVERANCE
If an employee is laid off from their job with the City, for economic reasons, the
City will grant severance pay in an amount equal to one week of pay for every full
year of continuous employment service to the City of Newport Beach up to ten
(10) weeks of pay.
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.
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B. Non - Discrimination
City and NBEL agree that there will be no discrimination by either party or by any
of their agents against any employee because of his /her membership or non-
membership in NBEL, or because of his /her race, creed, color, national origin,
religious belief, political affiliation, sex, sexual orientation or age.
C. Promotional Preference
Where no less than two (2) unit members achieve top three ranking on a certified
eligible list, selection to the position shall be made with preference given to the
unit members so qualified. The Human Resources Department shall be
responsible for insuring that a position vacancy announcement for all available
City positions be distributed in a manner that reasonably assures unit members
access to the announcements. The Human Resources Department shall
oversee all testing procedures.
Any employee who has achieved "regular status" may request assignment to any
lateral or lower classification, and that employee may be transferred into that
classification without competitive testing if both of the following conditions have
been satisfied:
1. The employee meets the minimum qualifications of the classification; and,
2. The Department Director approves of the transfer.
D. 9/80 Scheduling Plan
The City agrees to maintain flex - scheduling where it is currently in place in the
Utilities Department and General Services Department. The Building
Maintenance, Parks Maintenance, and Beach Maintenance crews will be placed
on the 5/40 schedule including the Memorial Day and Labor Day weekends, or
any portion of time between these Holidays at the discretion of the General
Services Director. The City reserves the right to amend the program as
needed to mitigate any operational problems which may arise due to budgetary
cutbacks, personnel cuts or shortages, service level complaints, or any other
operational reason. Should an operational problem involving service reductions
or increases in cost materialize, the Department Director will notify the
Association and the employees affected work group of the problem in writing,
supported with cause. The Association and /or the employees of the affected
work group, will in turn have up to ten (10) working days to respond and schedule
a meeting with the Department Director. The purpose of the meeting is to
propose a solution to the problem. The Department Director will consider the
proposed solution and respond, in writing, within five (5) working days. If the
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Department Director and the work group disagree on the solution, the
Association and /or employees of the affected work group will have up to five (5)
working days to appeal the Department Director's decision to the City Manager,
who will consider both sides of the issue and resolve the dispute, in a written
decision within ten (10) days after the aforementioned meeting.
E. Labor Management Committee
Committees shall meet on an as needed basis; names of participating unit
members shall be announced to management no less than 5 work days before
the scheduled meeting; cancellation for cause shall be rendered by the canceling
party no less than 48 hours prior to the scheduled meeting; canceled meetings
shall be rescheduled to take place within 5 working days of the canceled
meeting; committees shall be departmental; they may be combined in the
interests of efficiency with other such committees; City participants shall include
appropriate department or division heads outside the unit; the purpose of the
committees shall be to resolve conflict and exchange information; a unit staff
person may attend meetings; meetings shall be scheduled to last no less than
one hour; grievances in process shall not be subject to resolution in meetings;
matters properly dealt with in negotiations may be discussed but no agreements
shall be effected on same in committee. Meetings shall be on work time.
F. Discipline - Notice of Intent
1. Employees who are to be the subject of substantial punitive discipline for
any misconduct or negligence shall be entitled to prior written notice of
intent to discipline at least seven (7) calendar days prior to the imposition
of the actual penalty. This written notice shall contain a description of the
event or conduct which justifies the imposition of discipline. The notice
shall also include the specific form of a discipline intended, and the
employee shall be offered the opportunity to a hearing before their
Department Director prior to the imposition of the penalty.
This procedure will only be applied in cases of substantial punitive
discipline. It shall be understood that a disciplinary penalty equal to an
unpaid suspension of three (3) days or greater shall be substantial. All
other discipline resulting in less than a three (3) day suspension will be
considered non - substantial and will not be subject to the aforementioned
procedure.
This understanding is not intended to in any way reduce the rights of
employees to due process. Employees who have become the subject to
discipline and who believe that the penalty is not justified shall have
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access to the grievance process as established in the Employee -
Employer Resolution #7173.
G. Grievance Procedure
Step 1: A grievance may be filed by any employee on his /her own behalf, or
jointly by a group of employees, or by a Recognized Employee Organization.
Within ten (10) calendar days of the event giving rise to a grievance, the grievant
shall present the grievance in writing to the immediate supervisor. Grievances
not presented within the time period shall be considered resolved.
The supervisor shall meet with the grievant to settle grievance and give a written
answer to the grievant within seven (7) calendar days from receipt of the
grievance by the supervisor. When the immediate supervisor is also the
department head the grievance shall be presented in Step 2.
Step 2: If the grievance is not resolved in Step 1, the grievant may, within
fourteen (14) calendar days from his /her receipt of the supervisor's answer,
forward the grievance to the department head for consideration. Answer to the
grievance shall be made in writing by the department head, after conferring with
the grievant, within fourteen (14) calendar days from receipt of the grievance.
Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made
by the grievant within ten (10) calendar days from the receipt of the department
heads answer, through the representative of his /her Recognized Employee
Organization who may request a meeting with the City Representative to resolve
the grievance. Following the meeting, answer shall be made by the City
Representative, in writing, to the representative within twenty -one (21) calendar
days.
Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative
to proceeding directly to Step 5, the grievance may be submitted to mediation. A
request for mediation may be presented in writing to the Human Resource
Manager within seven (7) calendar days from the date a decision was rendered
at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the
parties, a mediator shall hear the grievance. A request for mediation will
automatically suspend the normal processing of a grievance until the mediation
process is completed. The mediation process shall be optional, and any opinion
expressed by the mediator shall be informal and shall be considered advisory.
Step 5: Within 20 calendar days of receipt of a grievance denial at step three,
the grievant may file the grievance, in writing, with the Civil Service Board.
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At the next regularly scheduled meeting of the Civil Service Board, the grievance
shall be heard, using Civil Service Board De Novo procedures. Within 20
calendar days of the hearing, the Civil Service Board shall issue its findings and
conclusions to the parties at interest.
Within 7 calendar days of the issuance of Civil Service Board findings and
conclusions, the City Manager shall affirm, modify or revoke the Boards decision.
The City Managers decision shall be considered exhaustive of administrative
remedies.
Additionally, the City and NBEL agree to expand the grievance procedure as it
relates to performance evaluations and written reprimands, permitting them to be
appealed to the 5th step of the grievance procedure.
H. Probationary Period
Newly hired employees shall serve a twelve (12) month probationary period. The
probationary period for promoted employees shall be six (6) months.
Newly hired employees shall become eligible for their first step increase after
twelve (12) months. All other City rules regarding step increases shall remain
unchanged.
I. Failure of Probation
1. New Probation
An employee on new probation may be released at the sole discretion of
the City at any time without right of appeal or hearing, except as provided
in Subsection 3, below.
2. Promotional Probation
(a) An employee on promotional probation may be failed at any time
without right of appeal or hearing, except as provided in Subsection
3, below, and except that failing an employee on promotional
probation must not be arbitrary, capricious or unreasonable.
(b) An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of promotional
probation.
(c) When an employee fails his or her promotional probation, the
employee shall have the right to return to his or her former class
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provided the employee was not in the previous class for the
purpose of training for a promotion to a higher class. When an
employee is returned to his or her former class, the employee shall
serve the remainder of any uncompleted probationary period in the
former class.
(d) If the employee's former class has been deleted or abolished, the
employee shall have the right to return to a class in his or her
former occupational series closest to, but no higher than, the salary
range of the class which the employee occupied immediately prior
to promotion and shall serve the remainder of any probationary
period not completed in the former class.
3. Probationary Release
An employee who alleges that his or her probationary release was based
on discrimination by the. City, in violation of Personnel Policy Section 303
Non - Discrimination may submit a grievance within ten (10) days after
receipt of the Notice of Failure of Probation.
J. Accident Reporting
The City will require that all traffic collisions involving City vehicles shall be
reviewed by the traffic division supervisor of the Newport Beach Police
Department to prevent any unnecessary reports from being forwarded to the
DMV. Also, the vehicle accident review board will evaluate the supervisor's field
report prior to making its preventable /non - preventable determination.
K. Iniury Prevention Program (IPP)
Until such time as the Injury Prevention Program (IPP) is fully developed the
following understandings apply:
1. The City will indemnify and hold harmless from civil and criminal
prosecution NBEL members for any liability which might arise out of the
City's IPP (mandated by SB198). Once the program has been fully
developed and implemented, the IPP will come into full force and effect.
2. The City will take into consideration the adequacy of training prior to
issuing discipline or depreciated performance evaluations to employees
who have been determined to be in non - compliance to the City's IPP.
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3. The City agrees to identify, at the beginning of each department's IPP the
individuals who are ultimately responsible for the administration of the
plan.
4. The City agrees to incorporate representatives of the NBEL on the IPP
safety committees in all departments where the NBEL has representation
obligations.
5. The City agrees to include representatives from the NBEL in a meet and
consult role, as part of the process which will be employed for the
incorporation of changes in the IPP.
L. Safety Shoes
The present policy and practices regarding the supply and maintenance of safety
shoes shall remain in place except for the following changes as they apply to the
accelerated wear provisions.
If the soles of the safety shoes wear out within a year, the employee should
present the shoes to his /her supervisor. If the supervisor agrees that the soles
are worn out, he will authorize the employee to purchase a new pair of shoes at
City expense. If the supervisor judges that the uppers are in good condition, he
will authorize the employee to have the shoes resoled at City expense.
M. Uniforms
It shall be understood by the NBEL and its members that employees who report
for work either "out of uniform" or in "dirty" or "otherwise substandard" uniforms
will be sent home without additional prior notice and without pay. Such incidents
shall further be documented and regularly repeated violations of the uniform
standards will subject the employee to progressive discipline up to and including
dismissal for negligence and /or misconduct.
Employees represented by the NBEL will be permitted to wear specified and
approved shorts as part of the City approved optional uniform. The shorts must
be dark blue in color, the inseam must be no less than 4 and 1/2 inches after
shrinkage. They must be worn in combination with the standard City uniform
shirt of the optional (golf style) City uniform shirt, and they must be worn with
either white or blue socks. The optional uniform shall be considered proper and
acceptable year round. Department Directors may make individual exceptions to
this optional uniform agreement through the establishment of Departmental
Policy in the interest of reasonable safety considerations.
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N. Voluntary Training Program
The Department shall, when the need for additional or replacement individuals
possessing a commercial drivers license is anticipated, establish a voluntary
training program that will allow employees to qualify for the license.
O. In- Service Supervisory and Safety Training
The City will continue its program of providing supervisory and motivational
training for Supervisors and Crew Chiefs. The program, will if possible, be
expanded to include non - supervisory personnel wherever practical. The
equipment operator training program will continue on an as needed basis.
Course subject matter may include, but not limited to: interpersonal working
relationships, public service, performance evaluation techniques, employee
counseling and discipline, harassment avoidance, defensive driving, substance
abuse, skills and safety methods and procedures, and wellness.
P. Clean -Up Time
When necessary, each employee shall be permitted up to fifteen (15) minutes of
paid City time at the end of each work shift to perform work related job site and
personal clean -up and to put away tools and equipment. The amount of clean-
up time shall be limited to the actual needs of the employee.
Q. Rest Periods
Employees shall be allowed rest period of fifteen (15) minutes during each four
(4) consecutive hours of work.
Such rest periods shall be scheduled in accordance with the requirements of the
Department, but in no case shall rest periods be scheduled within one (1) hours
of the beginning of the ending of a work shift or lunch period. The City may
designate the location or locations at which rest periods may be taken.
Rest periods shall be considered hours worked and employees may be required
to perform duties, if necessary.
R. Service Awards
For the purposes of determining service awards, if an employee has been
employed by the City on more than one occasion, non - consecutive time will be
considered as part of total service. Prior to system implementation, an employee
is required to individually notify the awards committee of all of the service time.
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S. Employee Handbook
There will be a consolidation of documents to be given to each employee. This
consolidation will be comprised of the Employee Policy Manual, related
Departmental Rules and Regulations; Employee /Employer Resolutions and a
copy of this Memorandum of Understanding. More information may be included.
T. Direct Deposit
All newly hired employees shall participate in the payroll direct deposit system.
U. Salary on Reclassification
The City will amend its personnel to provide for a minimum salary increase of five
(5 %) percent upon reclassification (not to exceed the maximum of the new salary
range).
V. Transfer Station Operator
The City will conduct a classification study on Transfer Station Operator position.
Study results will be available no later than March 1, 2006.
W. Duration
The terms of this MOU are to remain in full force and effect from the first pay
period of fiscal year 2005 -2006 through the last pay period of fiscal year 2006-
2007. Proposals for the succeeding MOU must be submitted on or before March
1, 2007 in accordance with Section 13, Timetable for Submission of Requests of
the Employer - Employee Relations Resolution. Upon adoption of a resolution
approving this MOU and the terms hereof by the City Council of the City of
Newport Beach, this MOU shall be in force and effect as of the first day of the
first pay period of fiscal year 2005 -2006.
X. 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 jurisdiction, 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 provisions of
this MOU relating to any schedule adjustment be declared invalid, City agrees to
provide alternative benefits agreeable to NBEL, to employees, which will cause
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such employees to receive the same amount of money as they would have
received had such provision not been declared invalid.
Executed this day of , 2005:
A
NEWPORT BEACH EMPLOYEES LEAGUE
By:
James Randal, President
By:
Gary Mansfield, Vice President
By:
Tim Morell, Secretary
By:
Greg Lewis, Treasurer
0
John Heffernan, Mayor
ATTEST:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
Lykins, Staff
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EXHIBIT A
CLASSIFICATIONS COVERED UNDER THE NEWPORT BEACH EMPLOYEES
LEAGUE BARGAINING UNIT
Auto Paint & Body Mechanic
Automotive Parts Buyer
Automotive Stock Clerk
Beach Maintenance Supervisor
Carpenter
Concrete Finisher
Concrete Maintenance Crew Chief
Concrete Supervisor
Cross Connection Control Specialist
Electrician
Electrical Services Crew Chief
Electrical Services Supervisor
Equipment Mechanic I
Equipment Mechanic II
Equipment Mechanic, Senior
Equipment Maintenance Supervisor
Equipment Operator I
Equipment Operator II
Facilities Maintenance Worker I
Facilities Maintenance Worker II
Facilities Maintenance Crew Chief
Facilities Maintenance Supervisor
Groundsworker I
Groundsworker II
Irrigation Specialist
Maintenance Worker I
Maintenance Worker II
Park Maintenance Crew Chief
Park Maintenance Supervisor
Parking Lot Crew Chief
Parking Lot Supervisor
Parking Meter Serviceworker
Parking Meter Supervisor
Pest Control Technician
Refuse Supervisor
Refuse Worker I
Refuse Worker II
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Senior Services Van Driver
Sign & Paint Shop Technician
Storm Drain /Street Sweeping Crew Chief
Storm Drain /Street Sweeping Supervisor
Street Maintenance Crew Chief
Street Maintenance Supervisor
Traffic Painter
Transfer Station Operator
Tree Maintenance Services Technician
Utilities Crew Chief
Utilities Equipment Specialist
Utilities Specialist
Utilities Supervisor
Utilities Video Technician
Water Production Operator
Water Production Supervisor
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Io