HomeMy WebLinkAbout10 - Adopting a MOU with the NBMLA and Approving Salary RangeCITY OF
NEWPORT BEACH
- City Council Staff Report
June 09, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Terri L. Cassidy, Deputy City Manager /Human Resources Director
PHONE: (949) 644 -3303
TITLE: Resolution No. 2015 -50: Adopting a Memorandum of Understanding with the
Newport Beach Lifeguard Management Association and Approving Salary Range
ABSTRACT:
On May 26, 2015 the City Council's agenda allowed for public visibility of terms of a Tentative Agreement
between the City of Newport Beach and Newport Beach Lifeguard Management Association ( NBLMA), a
recognized employee organization, on the terms of a successor Memorandum of Understanding (MOU) for
the period July 1, 2014 through December 31, 2017.
The proposed MOU is up for consideration now. It includes changes to wages, benefits and other terms
and conditions of employment that are subjects of collective bargaining as required under the Meyers -
Milias -Brown Act, California Government Code sections 3500 -3510.
The City Council's ratification of the MOU is the final step in the meet and confer process, completing the
agreement. Included in the recommendation is a salary range adjustment for the Assistant Chief, Lifeguard
Operations position, which has historically been tied to the NBLMA for salary and PERS pension
contributions.
RECOMMENDATION:
Adopt Resolution No. 2015 -50, A Resolution of the City Council of the City of Newport Beach Adopting a
Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard
Management Association and Adjusting the Salary Range for Assistant Chief, Lifeguard Operations, for the
period July 1, 2014 through December 31, 2017 (Staff Report Attachment A).
FUNDING REQUIREMENTS:
A comprehensive estimate of the costs of the successor MOU with the Lifeguard Management Association
was provided with the Tentative Agreement on May 26, 2015. A revised version of that estimate which
includes a breakdown of certain benefits and pays, as well as the impact of adjustments on additional
positions approved in the FY15 -16 budget process (was not assumed in the prior version), is included as
Attachment C.
10 -1
The Newport Beach Lifeguard Management Association represents lifeguard management staff in the
classifications of Lifeguard Officer, Lifeguard Captain and Lifeguard Battalion Chief. Employees in these
positions are responsible for supervising the roughly 200 part- time /seasonal lifeguards and managing the
day -to -day operations of the Marine Operations Division within the Fire Department.
The Memorandum of Understanding (MOU) between the City of Newport Beach and the NBLMA expired
on July 1, 2014. At the expiration of the contract, City and NBLMA representatives agreed to delay
discussions until after the first of the year. On April 9, 2015, the parties began meeting and conferring to
discuss terms of a new contract. A Tentative Agreement was reached after meeting three times.
In keeping with City Council's goal of sharing pension costs between the City and the employees, NBLMA
members will be contributing a total of 13.6% of pay toward pension costs by the final year of the contract.
Since 2011 NBLMA members having been paying 9% toward PERS, which is the full portion of the
"member contribution ". Effective with this contract NBLMA members will also be paying a portion of the
Employer Rate, starting with a 1.6% pick up, for a total employee contribution of 10.6 %. In FY16 -17 they
will pay 3.1% of the Employer Rate, for a total pick up of 12.1%, and in FY17 -18 the pick up is 4.6% of the
Employer Rate, for a total contribution of 13.6 %. This rate is consistent with contributions made by Safety
employees in the Newport Beach Police Association and is among the highest of cities within Orange
County.
In addition to increasing employee contributions to pension, the City has implemented in prior contracts,
and reaffirmed in the 2014 -17 MOU, a multi -tier retirement program, lowering the benefit levels for new
employees. In the proposed 2014 -17 MOU NBLMA employees in all three tiers will be required to
contribute equally toward the PERS benefit.
The successor Memorandum of Understanding codifies the terms in the Tentative Agreement, which was
made available for public review and comment during the City Council meeting on May 26, 2015. The
NBLMA MOU for the period July 1, 2014 through December 31, 2017 includes adjustments to wages and
fringe benefits, the terms of which are as follows:
• Contract term of three 3'/2 years from July 1, 2014, through December 31, 2017;
• Additional employee contributions to the PERS pension benefit:
July 1, 2015 employees contribute an additional 1.6 %, for a total of 10.6%
July 1, 2016 employees contribute an additional 1.5 %, for a total of 12.1 %
July 1, 2017 employees contribute an additional 1.5% for a total of 13.6%
• A two and six tenths percent (2.6 %) cost -of- living adjustment for all members effective the pay period
including July 1, 2015; and a two and one -half percent (2.5 %) cost -of- living adjustment effective the
pay periods including July 1, 2016 and July 1, 2017;
• An increase of $75 per month to the current $1,349 cafeteria allowance, effective the pay period
including July 1, 2015, for a total of $1,424, and an additional $100 per month increase effective
January 1, 2016, to $1,524; to be used for purchasing medical, dental, and vision insurance, or
excess taken as taxable cash distribution, in accordance with Internal Revenue Code Section 125;
• A reduction of the cafeteria benefit from $1,249 to $1,000 per month for existing employees who "opt
out" of medical coverage and an increase to the cafeteria benefit from $600 to $1,000 per month for
newly hired employees who "opt out" of medical coverage effective the pay period that includes
January 1, 2016;
• An agreement to reopen negotiations for the purpose of discussing the cafeteria and healthcare
benefit due to changes or revisions in law, such as the federal Affordable Care Act; 10 -2
. Creation of a one -time, non - accruing 80 -hour (total) leave bank to provide flexibility in scheduling time
off for personal matters. Employees may use up to forty (40) hours in a fiscal year; the bank has no
cash value and sunsets with expiration of the MOU;
. Other changes include: revisions to the Call Out policy, reduction in the Compensatory Time accrual
from 120 to 80 hours, and changes to the Bereavement Leave policy.
The additional 4.6% employee contribution (amount contributed by end of contract) toward the PERS
retirement benefit, along with the reductions to the cafeteria opt out benefit, will provide a savings of
approximately $131,230 between now and December 31, 2017. The net cost to the City for the three and
one -half year contract is estimated to be $199,553, which represents an average increase in total
compensation costs of 2.67% each year (9.36% divided by 3.5 years). A detailed accounting of the cost
impact of the successor MOU, including costs and savings each fiscal year, is included in Attachment C.
Proposed in the FY2015 -16 budget were organizational changes to the management staffing within the
Marine Operations Division. At the May 26 meeting the City Council approved the Fire Department's
request to enhance management oversight by upgrading three (3) Lifeguard Officer positions to Lifeguard
Captain, eliminating one (1) full -time Lifeguard Officer position, and adding three (3) part-time Lifeguard
Officer positions (these are all classifications represented by the NBLMA). These staffing changes were not
included in the initial costing assumptions presented with the Tentative Agreement on May 26, 2015, but
are now included in the revised version in Attachment C.
The pay and pension benefits for the Assistant Chief, Lifeguard Operations has historically been tied to
positions in the Lifeguard Management Association. Though the Assistant Chief, Lifeguard Operations is in
the Key & Management Group (unrepresented by labor), the reason for this internal alignment is to ensure
that adjustments are made to avoid pay compaction issues (ie: when a subordinate's pay becomes close or
comparable to a supervisor's pay). Included in the Resolution are salary range adjustments for the
Assistant Chief, Lifeguard Operations, equal to adjustments for NBLMA members (2.6% in 2015, 2.5% in
2016, and 2.5% in 2017). As proposed, the Assistant Chief, Lifeguard Operations, will be required to make
the same contributions towards PERS pension as NBLMA employees totaling 13.6% by July 2017. With
the exception of the salary adjustment and increased PERS contributions, other benefits for the Assistant
Chief, Lifeguard Operations will remain within the Key & Management Group.
In accordance with NBLMA ratification procedures, the majority of members voted to approve the new
MOU. The agreement will not become effective, per Government Code §3505.1, until the governing body,
i.e., City Council, takes action to adopt it. If the City Council approves adoption of the Memorandum of
Understanding with the NBLMA, Human Resources and Finance Department staff will work to implement
the provisions as soon as practicable. The proposed changes are noted in italics and the comprehensive
MOU and cost analysis of the complete contract, if approved, will be published online.
As City Manager and Deputy City Manager /Human Resources Director, we thank the NBLMA leadership
for the collaborative and respectful way in which they approached these negotiations and appreciate their
willingness to come to the table and help address the issue of pension reform. These are challenging
times for city governments and a strong partnership between the City and its bargaining units remains vital
in continuing to provide the community excellent services.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
10 -3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Resolution
Attachment B - NBLMA MOU
Attachment C - Estimated Cost of Contract with NBLMA
10 -4
Attachment A
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH
AND THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION AND
ADJUSTING THE SALARY RANGE FOR ASSISTANT CHIEF, LIFEGUARD
OPERATIONS
WHEREAS, the City Council of the City of Newport Beach previously adopted
Resolution No. 2001 -50, the "Employer- Employee Relations Resolution," pursuant to the
authority contained in the Meyers - Milias -Brown Act, Government Code §3500; and
WHEREAS, the City of Newport Beach supports effective communication and
collaborative working relationships with its employee associations to promote improved
relations while balancing good management practices; and
WHEREAS, the City of Newport Beach previously entered into a Memorandum of
Understanding with the Newport Beach Lifeguard Management Association, a recognized
employee organization, for the period January 1, 2012 through June 30, 2014; and
WHEREAS, representatives from the City of Newport Beach and representatives
from the Newport Beach Lifeguard Management Association met and conferred in good
faith and reached a Tentative Agreement on wages, benefits and other terms and
conditions of employment on May 13, 2015;
WHEREAS, the pay for the position Assistant Chief, Lifeguard Operations has
historically been tied to adjustments for Lifeguard Management Association positions to
ensure internal equity; and
WHEREAS, the City Council of the City of Newport Beach desires to replace the
Memorandum of Understanding between the City of Newport Beach and the Newport
Beach Lifeguard Management Association by adopting a successor Memorandum of
Understanding for the period July 1, 2014, through December 31, 2017 and to adjust the
salary range for the position Assistant Chief, Lifeguard Operations.
NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE
as follows:
Section 1. Wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by the Newport Beach Lifeguard Management
Association shall be provided in accordance with the provisions of the attached
Memorandum of Understanding (Attachment B).
Section 2. The term of the Memorandum of Understanding shall be for 42
months, commencing retroactively to July 1, 2014, and will remain in full force and effect
through December 31, 2017.
10 -5
Section 3. Effective July 1, 2015, the Assistant Chief, Lifeguard Operations
salary range shall be $9,960 to $12,107 per month; effective July 1, 2016 the range shall
be $10,209 to $12,409 per month; and effective July 1, 2017 the range shall be $10,463 to
$12,719 per month.
Section 4. The City's Salary Schedule shall be modified so as to be
consistent with this Resolution.
Adopted this day of 2015.
M
ATTEST:
City Clerk
Mayor of the City of Newport Beach
10 -6
Attachment B
MEMORANDUM OF UNDERSTANDING
1:1 =1VA=1 =1 �l
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION
i
} \ \p
y
c �P
\LI Fp RN/
July 1, 2014 through December 31, 2017
10 -7
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU ") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY ") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA ") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES ") for the period of July 1, 2014 through December
31, 2017.
2. NBLMA representatives have reached an agreement as to wages, hours and
other terms and conditions of employment to apply to all affected EMPLOYEES
for the time period defined above. Said EMPLOYEES desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the City Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective
July 1, 2014, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning July 1
2014 through December 31, 2017.
B. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department Standard Operating Procedures (SOPS) falling within the
scope of representation, the City has given notice to the Association and,
upon request, met and conferred on any proposed changes which fall
within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less
NBLMA MOU 2014 -2017 1
10 -8
than seven (7) days prior to implementation of the proposed change. If
such proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non - exclusive managerial rights, powers, functions and
authorities ( "Management Rights ") as set forth in Resolution No. 2001 -50.
C. Conclusiveness
Except as provided for in this agreement, 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 relating
primarily to matters within the scope of representation except as expressly
provided for 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, which is not embodied in this MOU.
Any changes to any salaries, benefits or terms and conditions of employment
within the scope of representation not embodied in this MOU shall require prior
mutual agreement signed by the Mayor and the Newport Beach Lifeguard
Management Association President.
D. Savings
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 the provisions
of this MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternate benefits agreeable to NBLMA, to EMPLOYEES
to receive the same amount of money as they would have received had such
provision not been declared invalid.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Benefits for part -time members of the unit shall generally be excluded, unless
otherwise provided and on a pro -rated basis, based upon hours worked.
NBLMA MOU 2014 -2017 2
10 -9
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Base salary increases for all NBLMA represented classifications shall be as
follows and as specified in Exhibit A:
Effective the pay period including July 1, 2015, base salaries will be increased by
2.6 %.
Effective the pay period including July 1, 2016, base salaries will be increased by
2.5 %.
Effective the pay period including July 1, 2017, base salaries will be increased by
2.5 %.
B. Special Assignment Pay
Boat Pay: Lifeguard Captains certified for and assigned to boat operations shall
receive additional compensation of 2.5% of base salary for their job classification.
Boat assignment pay will be assigned to a qualified Captain and compensated
only when performing boat duties.
Training Pay: Lifeguard Captain assigned as the "Training Captain" will receive
an additional 7.5% of base pay while assigned the responsibilities of training.
C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All use
of compensatory time off shall be subject to existing City rules. The maximum
accrual of CTO shall be eighty (80) hours. Employees shall not utilize CTO at
times when backfill would be required.
NBLMA MOU 2014 -2017 3
10 -10
D. Uniforms
The City shall pay the entire cost of providing full -time and part -time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other
clothing.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, including restrictions on reporting uniform
allowance as pensionable compensation for `non classic" members hired after
January 1, 2013, the City shall report the value of provided uniforms at $838 in
accordance with PERS requirements. The parties agree the reported value of
uniforms is intended to reflect clothing such as pants, shirts, jackets, and related
attire and excludes health and safety related equipment.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out. Employees will be considered "on duty" at the
beginning of each emergency call out for a minimum of 2 hours or until
completed. Employees will not be compensated for additional call outs
that occur during the initial 2 hour response period, or during normal
working hours.
F. Scholastic Achievement Pay
Employees hired into a NBLMA represented classification prior to January 22,
2013 are entitled to additional compensation contingent upon scholastic
achievement ( "Scholastic Achievement Pay "). Full -time and part-time NBLMA
members may apply for increases pursuant to this Section when eligible and
scholastic achievement pay shall be included in the member's pay check for the
pay period following approval by the Fire Chief. It is the responsibility of the
NBLMA member to apply for Scholastic Achievement Pay. Approval of the
member's application shall not be unreasonably withheld or delayed, and the
member shall not be entitled to receive scholastic achievement pay prior to the
date the application is approved even though the member may have been
eligible prior to approval. Scholastic achievement pay is contingent upon years
NBLMA MOU 2014 -2017 4
10 -11
G
H.
of service as a NBLMA member and number of units and /or degrees received by
the employee. Qualifying units and /or degrees must be awarded by accredited
community colleges, state colleges or universities. NBLMA members shall
receive scholastic achievement pay in accordance with the following:
Years of Total College % of Actual Step
Service Semester Units in Job Class Range
2 or more
30
1.5%
2ormore
A.A. /A.S.
3.5%
3 or more
60
2.5%
3
90
3.5%
4 or more
90
3.5%
4
120
4.5%
4
B.A. /B.S.
5.5%
4
M.A. /M.S.
6.5%
Unit members hired after January 22, 2013 shall be ineligible for any scholastic
pay based upon having obtained units only.
A "degree" shall be awarded by an institution accredited by the State of
California, the United States Department of Education, the Council for Higher
Education, or the Distance Education Training Council.
Night Standby
A full -time or part -time employee assigned to standby duty for purposes of being
on call to handle emergency situations arising at times other than during normal
working hours shall be guaranteed two (2 1/2) and a half hours of pay at the
employee's regular hourly rate of pay for each calendar day of such standby
duty. Employees shall have the option of receiving compensatory time off in lieu
of pay for night standby.
Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his /her regular job classifications.
Employees temporarily upgraded to the following job classifications and
equivalent positions shall receive a five percent (5 %) pay differential over their
regular rate of pay for all time worked in the higher job classification if they are
assigned to work in the higher job classification for a period of one (1) working
hour or longer.
NBLMA MOU 2014 -2017 5
10 -12
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
Court Standby Pay
All NBLMA members who, pursuant to Subpoena compelling attendance to
testify to acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off —duty, to
remain within a certain response time from court, shall be considered to be on
"court standby time" and shall receive four hours of pay for each eight hours of
court standby time. NBLMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
SECTION 3. LEAVES
A. Flex Leave
All employees hired after July 1, 1990 will be included in the Flexible Leave
Program.
1. Basis for Accrual
Full -Time Members:
Regular full -time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of continuous Accrual per Longevity
Service pay period /hrs Pay Increase
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
5.54
0
6.15
0
6.77
0
7.69
0
7.69
1.0%
7.69
1.5%
7.69
2.5%
NBLMA MOU 2014 -2017 6
10 -13
Part-Time Members:
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of. 04 hours for each hour worked.
During the first three months of employment, new employees shall not
accrue paid leave. At the completion of three months of employment,
three (3) months of accrued flex leave will be placed in the employees
account.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight (78) times the member's bi- weekly accrual rate. Effective
January 22, 2013 members shall be entitled to accrue flex leave up to a
maximum of fifty -two (52) times the member's bi- weekly accrual rate. This
limit on accumulation shall apply to both full -time and part-time members.
Earned flex leave in excess of the maximum permitted is currently paid bi-
weekly at the member's hourly rate of pay ( "spillover pay "). Members shall
be eligible for flex leave spillover pay only if they have utilized at least
eighty (80) hours of flex leave the previous calendar year. Employees
who have not utilized the required amount of leave the prior calendar year
shall not be eligible to accrue time above the maximum accrual limit.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee 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.
B. Use of Flex
Level A staffing shall run from June 15th through Labor Day. During this period
of time, full -time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave. Additional flex leave during this period may be
approved if, in the opinion of management, adequate staffing levels can be
maintained.
The City will budget eighty (80) hours of overtime per employee per year for flex
leave backfill. Concurrently, the City and NBLMA will jointly review procedures
defining minimum staffing and the hours for night call out. Any changes to these
areas fall within the scope of representation and will be subject to the meet and
confer process.
NBLMA MOU 2014 -2017 7
10 -14
C. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one -half (1/2)
of their annual leave accrual for an illness of a dependent which requires the
presence of the employee. Such time may be taken from the employee's annual
leave accrual or leave bank, at the employee's choice. Leave shall be
administered in accordance with the provisions of the Employee Policy Manual
(EPM). The provisions of the EPM shall not be construed to affect or reduce the
right of any employee to any unpaid family medical leave authorized by State or
Federal law.
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean
biological, adopted, or foster child; a stepchild; a legal ward; or a child of an
employee standing in local parentis), or as modified by State or Federal law.
D. Holiday Time
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 or designee,
require their presence on the job. For each designated holiday, except the
Floating Holidays, personnel shall receive an equivalent number of hours of paid
leave or equivalent pay, as specified below and pro -rated for part -time members,
whichever in the judgment of the Department Director best serves the interest of
the Department.
Independence Day
July 4
Labor Day
1st Monday in September
Veteran's Day
November 11
Thanksgiving Day
4th Thurs. in November
Friday following Thanksgiving
Christmas Eve
Last 1/2 of working day
Christmas
December 25
New Year's Eve
Last 1/2 of working day
New Year's Day
January 1
Martin Luther King Day
3rd Monday in January
Washington's Birthday
3rd Monday in February
Memorial Day
Last Monday in May
Floating Holiday (1)
For employee's birthday or other
holiday.
Eligibility and use according to
Memorandum of Understanding.
1. Part-time members will be eligible to receive a pro -rated benefit of Y4
(three fourths) the benefit provided to full -time members for holiday pay.
NBLMA MOU 2014 -2017 8
10 -15
2. Holiday pay will be paid only to employees who work their scheduled day
before the holiday and scheduled day after a holiday or are on authorized
leave (e.g., approved vacation or flex leave that has been reviewed and
approved by the Department Director).
3. Newly hired employees will be eligible to receive pay for scheduled
holidays, without a waiting period.
4. "Floating Holiday" eligibility allows for newly hired employees to earn their
first floating holiday credit, eight (8) hours for full -time members and six (6)
hours for part -time members, at the same time as they receive their
regular appointment status, upon the successful completion of their
probationary period.
5. In July, 2003 all employees were provided a one -time opportunity to elect
to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For
example, an employee electing to convert 48 of the 96 hours of the annual
benefit to cash must so convert 48 hours of earned holiday benefits each
year thereafter. Holiday pay will be paid bi- weekly with the regular
check. Holiday leave conversion pay will not count in the total
compensation formula used to adjust salaries and benefits.
Employees hired after July 2003 will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
E. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by an
employee having regular or probationary appointment because of the death or
terminal illness in his /her immediate family. NBLMA full -time members shall be
entitled to five (5) days bereavement leave per incident (terminal illness followed
by death is considered one incident) and three (3) days bereavement leave for
part -time members. Leave hours need not be used consecutively, but should
occur in proximate time to the occurrence. Immediate family shall mean an
employee's father, stepfather, mother, stepmother, brother, sister,
spouse /domestic partner, child, stepchild and grandparent, and the employee's
spouse /domestic partner's father, mother, brother, sister, child and grandparent.
An employee requesting bereavement leave shall notify his /her supervisor as
soon as possible of the need to take leave.
Probationary Employees. An employee serving his /her initial probationary period
who takes leave under this section who for any reason terminates his /her
NBLMA MOU 2014 -2017 9
10 -16
employment prior to the completion of such probationary period shall have
his /her final pay check reduced by the value of the leave taken.
F. Non - Accruing Leave Bank
Effective July 1, 2015, each NBLMA member on the City payroll will receive a
bank of forty (40) hours of non - accruing leave (NAL) time. Effective July 1, 2016
a second deposit of 40 hours will be made for each NBLMA member on the City
payroll at that time. The hours have no cash value, cannot be transferred to any
other leave bank, cannot be rolled over from year to year, and there is no pro-
ration for partial year employment. Usage of these hours is subject to supervisory
approval. This benefit shall "sunset' on December 30, 2017 and any unused
hours at that time shall expire.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee composed of one
representative from each employee 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 care issues. The purpose of this Committee is to provide
each employee group with information about health care issues and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. 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 Lifeguard Management 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.
NBLMA MOU 2014 -2017 10
10 -17
a. Full -Time Members:
Effective the pay period including July 1, 2015, the City contribution
towards the Cafeteria Plan will be $1,424 (plus the minimum Ca /PERS
participating employer's contribution).
Effective the first pay issue in January 2016, the City's contribution
towards the Cafeteria Plan will increase to $1,524 (plus the minimum
CaIPERS participating employer's contribution).
Full time NBLMA 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. The maximum cafeteria allowance
provided to current full -time employees who execute an opt -out
agreement is $1,249 per month effective January 2013. Employees
hired after January 22, 2013 and who execute an opt -out agreement,
will receive a maximum cafeteria allowance of $600 per month.
Effective the pay issue that includes January 1, 2016, the opt -out
amount for full -time employees will be adjusted to $1, 000 per month.
b. Part -Time Members:
Effective upon adoption of this 2015 -17 MOU, part -time NBLMA
members will receive a monthly cafeteria benefit of $585.00 (equivalent
to $4.50 per hour worked for an average of 30 hours per week). For
part -time employees enrolled in medical plans, the cafeteria amount is
inclusive of the PERS designated minimum medical insurance
contribution. For employees who do not enroll in a medical plan there
shall be no opt out cafeteria benefit.
c. At the request of either party, the parties shall meet and confer in good
faith to discuss possible changes to the medical benefit program,
contribution levels, or other elements of healthcare services, provided,
however, that any changes to the MOU only may occur by mutual
agreement of the parties.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings for full -time employees as agreed upon by the
Benefits Information Committee.
NBLMA MOU 2014 -2017 11
10 -18
L
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings for full -time employees as agreed upon by the
Benefits Information Committee.
Additional Health Insurance /Programs
1
2.
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 a full -time 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 Short -term (STD) and Long -term (LTD) disability
insurance to regular full -time employees with the following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000 /month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
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.
NBLMA MOU 2014 -2017 12
10 -19
3. Life Insurance
The City shall provide life insurance for 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) for full -time and part -
time employees through a properly licensed provider. Association members and
their family members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Retirement Benefit Formula
The City contracts with PIERS to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform, the
City has implemented first, second and third tier retirement benefits:
Tier 1: For employees enrolled as Safety members on or before November
23, 2012, the retirement formula shall be 3 % @50 calculated on the basis of
the best/single highest year.
Tier 2: For employees enrolled as Safety members between November 24
and December 31, 2012, or hired on or after January 1, 2013 and are current
members of the retirement system, as defined in the Public Employees'
Pension Reform Act, the retirement formula shall be 2 % @50 calculated on
the average 36 highest month's salary.
Tier 3: For employees enrolled as Safety members on or after January 1,
2013, and who do not meet Tier 2 criteria, the retirement formula shall be
2.7 %(aD57 calculated on the average 36 highest month's salary.
The City's contract with PIERS also provides for:
b. The military buy -back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
C. The Level 4 1959 Survivors Benefits.
d. The pre- retirement option settlement 2 death benefit (Section
21548).
NBLMA MOU 2014 -2017 13
10 -20
2. Employee Contributions
Tier 1 and 2 Employees: All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre -tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation earnable" under
Government Code section 20636.
Effective the pay period that includes July 1, 2015, all unit members in
Tiers 1 and 2 will contribute the full statutory member contribution, equal
to 9% of pensionable compensation, plus an additional 1.6% of
pensionable compensation toward retirement costs as permitted under
Government Code §205160, for a total contribution of 10.6 %.
Effective the pay period that includes July 1, 2016 all unit members will, in
addition to the 9% normal member contribution, contribute 3.1 % of
pensionable compensation toward retirement costs as permitted under
Government Code §205160, for a total contribution of 12.1 %.
Effective the pay period that includes July 1, 2017 unit members will, in
addition to the 9% normal member contribution, contribute 4.6% of
pensionable compensation toward retirement costs as permitted under
Government Code §205160, for a total contribution of 13.6 %.
Tier 3 Employees: The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public Employees'
Pension Reform Act (PEPRA) and equals 50% of the `total normal cost"
as determined by PERS. For FY15 -16, the employee Safety rate is
11.25% and is subject to change based on annual PERS actuarial
valuations.
Effective the pay period that includes July 1, 2015 Tier 3 members will
contribute the required 11.25% member contribution.
Effective the pay period that includes July 1, 2016, in addition to the
statutorily required 50% contribution of total normal costs, Tier 111
employees shall contribute .85% of pensionable compensation toward
retirement costs pursuant to Government Code § 205160, for a total
contribution of 12.1%. If the FY16 -17 member contribution rate for
employees in Tier 111 shall become greater or less than 11.25 %, the
additional contribution made by the employee under 20516(1) will be
increased or decreased accordingly so that the total employee contribution
equals 12.1 %.
Effective the pay period that includes July 1, 2016, in addition to the
statutorily required 50% contribution of total normal costs, Tier Ill
NBLMA MOU 2014 -2017 14
10 -21
employees shall contribute 2.35% of pensionable compensation toward
retirement costs pursuant to Government Code § 2O516(o, for a total
contribution of 13.6 %. If the FY17 -18 member contribution rate for
employees in Tier 111 shall become greater or less than 11.25 %, the
additional contribution made by the employee under 2O516(o will be
increased or decreased accordingly so that the total employee contribution
equals 13.6 %.
In the event CaIPERS pension provisions for new or existing employees
are modified by State or Federal legislation, resulting in changes to
previously negotiated terms, the parties agree to meet and confer to
discuss appropriate changes to the contract.
E. Retiree Health Benefits Program
Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one
of four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006 was less
than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2006.
d. Category 4 - Employees who had already retired from the City prior
to January 1, 2006, and were participating in the previous retiree
medical program.
2. Prooram Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP') and
applies only to regular full -time NBLMA employees.
a. For employees in Category 1, the program is structured as follows:
NBLMA MOU 2014 -2017 15
10 -22
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $1.50 per month for each
year of service plus year of age (updated every January 1St based on
status as of December 31St of the prior year). Effective January 2008,
this contribution will increase to $2.50 per month.
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non - safety members within an
Association may have different levels. The participation level should be
specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City or
cashing out leave at any other time, would have the cash equivalent of
50% of the amount that is cashed out added to the RHS, on a pre -tax
basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contribution, at
the level of zero percent (0 %). This amount may be changed, on a go
forward basis, as part of the future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non - safety
members within an Association may have different levels. Additionally,
the purpose and focus of these changes should be toward long -term,
trend type adjustments. Due to IRS restrictions regarding "constructive
NBLMA MOU 2014 -2017 16
10 -23
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation /flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrolment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City employment.
At that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi- weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero. This right is triggered upon separation. If an employee
leaves the City prior to five years employment, only the Part A
contributions and Part C leave settlement contributions, if any, will be
in the RHS Employee Account. Such an employee will not be
entitled to any Part B contributions. The exception to this is a full -time
employee, participating in the program, who leaves the City due to
industrial disability during the first five years of employment. In such
cases, the employee will receive exactly five years' worth of Part B
contributions, using the employee's age and compensation at the
time of separation for calculation purposes. This amount will be
deposited into the employee's RHS account at the time of separation
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
NBLMA MOU 2014 -2017 17
10 -24
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these
purposes, distributions from the RHS accounts will not be taxable.
Cash withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005 -24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and /or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating employer's
contribution towards medical insurance after retirement. The parties
also agree that, for retirees selecting a CaIPERS medical plan, or any
other plan with a similar employer contribution requirement, the
required City contribution will be withdrawn from the retiree's RHS
account.
b. For employees in Category 2, the program is the same as for those in
Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the
interim.
Employees in Category 2 who had less than five years' service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years total service.
C. For employees in Category 3, the program is the same as for those in
Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
NBLMA MOU 2014 -2017 18
10 -25
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one -time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to
the previous retiree medical program, except that there is no cost
share requirement, and the $400 City contribution after retirement
can be used for any IRS authorized purpose, not just City insurance
premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1 % of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
NBLMA MOU 2014 -2017 19
10 -26
F. Tuition Reimbursement
Full -time and part-time NBLMA members attending accredited community
colleges, colleges 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. 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 Human Resources Director.
NBLMA members attending pre- approved, directly job - related classes, courses
and seminars given by recognized agencies, organizations or individuals other
than accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent
upon the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee
before submittal to Human Resources.
Maximum tuition reimbursement for full -time employees shall be $1,500.00 per
fiscal year and the maximum reimbursement for part-time employees shall be
$1,125 per fiscal year.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force /Layoffs
The provisions of this section shall apply to full -time and part -time members
when the City Manager determines that a reduction in the work force is
warranted because of actual or anticipated reductions in revenue, reorganization
of the work force, a reduction in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of duties by any specific
employee. Reductions in force are to be accomplished, to the extent feasible, on
the basis of seniority within a particular Classification or Series and this Section
should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non — disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
NBLMA MOU 2014 -2017 20
10 -27
i. Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
C. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification (s) characterized by the need for
less supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications, which constitute a Series.
e. 'Bumping Rights ", 'Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
C. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position
shall be based on seniority within the Series. An employee who
has Bumping Rights shall notify the Department Director within
NBLMA MOU 2014 -2017 21
10 -28
seven (7) working days after notice of layoff of his /her intention to
exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay —off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days' pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re— Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re— employment list in reverse order of layoff. The re-
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re— employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her last known address. Any employee shall have the right to refuse to
be placed on the re— employment list or the right to remove his or her
name from the re— employment list by sending written confirmation to the
Human Resources Manager.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay —off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach, to a maximum of ten (10) weeks of severance
pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the
Employee Policy Manual.
NBLMA MOU 2014 -2017 22
10 -29
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to
each full -time unit member and $300 to each part -time unit member for
sunglasses and other sun protection materials (not restricted to use at
Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBLMA, the City will provide up
to $3,000.00 per year towards the purchase of fitness equipment to be used on
duty for the intended benefit of NBLMA for the term of this agreement. The
actual equipment to be purchased shall be recommended by NBLMA, and shall
require the final approval of the Fire Chief. Unit employees shall be allowed up
to three (3) hours per week for physical fitness training.
F. Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2001
Employee Policy Manual. Should additional revisions to the Manual be proposed,
the City will meet and confer on applicable policy manual provisions.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
H. Part-Time Conversion
Part-time Lifeguard IV employees converted to full -time status in January 2000
shall utilize their original Lifeguard IV hire date as their anniversary date. Any
changes resulting from this change shall be prospective only.
Signatures are on the next page.
NBLMA MOU 2014 -2017 23
10 -30
ATTEST:
L mv
Executed this day of , 2015:
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
3'E
Brent Jacobsen, President
Gary Conwell, Vice President
CITY OF NEWPORT BEACH
BY:
Edward D. Selich, Mayor
Leilani Brown, City Clerk
APPROVED AS TO FORM:
Aaron Harp, City Attorney
NBLMA MOU 2014 -2017 24
10 -31
EXHIBIT A
Newport Beach Lifeguard Management Association Represented Classifications
and Pay Rate Adjustments
July 1, 2014 through December 31, 2017
10 -32
Hourly Pay Rate
Monthly Pay Rate
Represented Classification
Minimum
Maximum
Minimum
Maximum
Effective July 1, 2015 (2.6% Adjustment)
Lifeguard Officer (Part-Time)
$24.50
$34.48
Lifeguard Captain
$32.05
$45.14
$5,555.33
$7,824.27
Lifeguard Battalion Chief
$39.59
$55.67
$6,862.27
$9,649.60
Effective July 1, 2016 (2.5% Adjustment)
Lifeguard Officer (Part-Time)
$25.12
$35.34
Lifeguard Captain
$32.85
$46.27
$5,694.00
$8,020.13
Lifeguard Battalion Chief
$40.58
$57.06
$7,033.87
$9,890.40
Effective July 1, 2017 (2.5% Adjustment)
Lifeguard Officer (Part -Time)
$25.74
$36.22
Lifeguard Captain
$33.67
$47.43
$5,836.35
$8,221.20
Lifeguard Battalion Chief
$41.60
$58.49
$7,210.67
$10,136.53
10 -32
Estimated Cost for 3 1/2 year Contract with the Newport Beach Lifeguard Management Association
(representing 11 full -time and 3 part-time Safety positions)
Pay Ranges (monthly) for NBLMA Represented Positions (reflects 2.6% salary adjustment 7 /1/15):
Lifeguard Officer (75% position) $3,185 - $4,482 (8 step range)
Lifeguard Captain $5,556 - $7,824 (8 step range)
Lifeguard Battalion Chief $6,662 - $9,649 (8 step range)
Estimated Cost of Increase
Attachment C
Pay /Benefit
FYI S-16 City Costs
FY14 -15 FY2015 -16 FY2016 -17 FY2017 -18
Total
Costs as % of
Total Comp
Base Paywith Cost of Living Adjustment
1,051,235
- 27,332 54,296 40,967
122,596
5.75%
(7/1115 2.6% incr.; 711/16 2.5% incr.; 711/17 2.5% incr.)
Supplemental Benefits
Scholastic Pay (% based benefit on degree attainment)
38,411
- 999 1,984 1,497
4,480
0.21%
Longevity (% based benefit on yrs of City service)
6,681
- 174 345 260
779
0.04%
Holiday (salary based benefit)
45,511
- 1,183 2,351 1,774
5,308
0.25%
MediCare (mandatory payment of 1.45 %)
16,564
- 431 856 646
1,932
0.09%
Compensated Absences (not benefit; City funding of liability)
36,813
957 1,901 1,435
4,293
0.20%
143,980
16,791
- 3,743 7,437 5,611
0.79%
City Pension Contribution
Employer Normal Cost (funding for current ees) - 17,415 %
200,751
- 6,974 12,078 9,555
28,607
1.34%
Unfunded Liability - 42.791%
492,796
- 17,118 29,647 23,454
70,218
3.29%
693,547
98,826
- 24,092 41,725 33,009
4.63%
Other City Paid Benefits
Cafeteria Plan (fixed cost)
217,796
- 16,500 23,100 11,550
51,150
2.40%
(Reduction in Opt Out Benefit/Savings)
-
- (4,932) (9,864) (4,932)
(19,728)
-0.92%
Employee Assistance Program (fixed cost)
301
- - - -
-
-
Uniform Allowance (only for eligible ees)
10,328
- - - -
-
-
Sun Protection Allowance (fixed cost)
5,300
- - - -
-
-
Smantphone Allowance (fixed cost)
2,880
- - - -
-
-
Life Insurance ($50K max benefit; fixed cost)
1,155
- - - -
-
-
Retiree Health Savings Account (employer portion)
6,300
244,060
31,422
1.47%
- 11,568 13,236 6,618
One -time Non Accruing Leave Bank
-
- 17,961 23,460 -
41,421
1..94%
Offset - Employee Pick Up of Employer PERS Pension Costs
-
- (18,910) (37,545) (55,047)
(111,502)
5.23%
(7/15 = 1.6 %; 7/16 = 3.1%; 7/17 = 4.6 %; on all payroll costs)
Total 2,132,822 - 65,786 102,609 31,158 199,553 9.36%
10 -33