HomeMy WebLinkAbout13 - MOU - Newport Beach City Employees LeagueCITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management Division
November 23, 1998
November 23, 1998
Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dick Kurth, Deputy Administrative Services Director
SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH CITY
EMPLOYEES LEAGUE
DISCUSSION:
The current agreement with the City of Newport Beach City Employees League expired on June
30, 1998. The term of the agreement was extended through the present time, with the mutual
consent of the City and the Association, while negotiations were underway on a new agreement.
A new three year agreement was recently reached between the City and this Association, the new
Memorandum of Understanding (MOU) was prepared, and each party reviewed and approved the
MOU.
The new agreement provides for the following:
Compensation Adjustment
July 1, 1998 - 3.0% Salary Adjustment
July 1, 1999 - 2.5% Salary Adjustment
July 1, 2000 - 2.5% Salary Adjustment
During the tern of this agreement, should the City lose motor vehicle license fee revenue,
or its replacement, the City reserves the right to reopen negotiations on the economic
provisions of the MOU.
Health Insurance
July 1, 1999 - the City's maximum contribution for health and dental insurance premiums
shall be increased from $400 per month to $425 per month.
July 1, 2000 - the City's maximum contribution for health and dental insurance premiums
shall be increased from $425 per month to $450 per month.
In addition, the City and Association shall meet jointly to explore the implementation of a
qualified cafeteria plan with the intent that a plan will be implemented in January, 1999.
Disability Insurance
January 1, 1999 - the employees will assume the cost of the disability premium of 1% of
salary while the City will increase compensation by 1 %. There will be a 30 day waiting
period to receive disability payments that will be capped at 66.6 % of salary. Employees
may not supplement the disability benefit with paid leave once the waiting period has
been exhausted. Concurrent with the implementation of the new disability insurance
program, the industrial accident leave policy of the City shall be eliminated.
Flex Leave
July 1, 2000 - the City's informal practice of allowing employees to cash in accrued
vacation/flex leave shall end.
Holidays
Effective January, 1999, holidays that fall on a Saturday will be observed on the
preceding Friday, replacing the current practice of adding 8 hours of leave to an
employee's leave bank when recognized holidays fall on a Saturday.
Re- openers
The City and Association agree to, upon request of the City, reopen negotiations during
the term of this agreement on a City -wide reasonable suspicion drug testing policy.
ANALYSIS
It is estimated that the economic portions of agreement will cost the following:
1998 -99
$190,000
1999 -00
$195,000
2000 -01
$191,000
Based upon Council direction at the commencement of negotiations, funds were included in the
Appropriation Reserve in the City's adopted budget to fund the economic portion of this
agreement. Expenditure savings will be achieved by the increased use of flex leave and the
restructuring of the City's Disability Insurance Program.
RECOMMENDATION:
It is recommended that the City Council approve the attached Memorandum of Understanding
between the City and the City Employees League for the period July 1, 1998 to June 30, 2001.
c: \winword \denniswp \cea_mou98 \1 1/17/98
Memorandum of Understanding
between
The City of Newport Beach
and the
Newport Beach Employees League
July 1, 1998 through June 30, 2001
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH EMPLOYEES LEAGUE
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition ....................... ..............................1
Duration of Memorandum ............ ..............................1
Scope............................. ..............................2
Conclusiveness .................... ..............................2
Modifications ..................... ..............................2
Organizational Security ........... ..............................2
Employee Data and Access .......... ..............................3
Savings........................... ..............................3
Section 2. Compensation
Salary
Adjustments ....................... ..............................3
Compensation for
Overtime.......................... ..............................3
Accumulation of Compensatory Time Off ...........................4
Standby Duty ...................... ..............................5
Call -Back Duty .................... ..............................5
CourtTime ........................ ..............................6
Night Shift Differential .......... ..............................6
Differential Pay for One Man Packer .............................6
ActingPay ........................ ..............................6
Optional Uniform .................. ..............................6
Certification Pay ................. ..............................7
Section 3. Leaves
FlexLeave ........................ ..............................8
Vacation Leave .................... ..............................9
SickLeave ......................... .............................10
Holiday Leave ...................... .............................11
Bereavement Leave .................. .............................12
Section 4. Fringe Benefits
Insurance .......................... .............................13
Health & Dental Insurance .......... .............................13
Table of Contents
Page 2
Cafeteria Plan Retiree Medical Insurance ....................... 13
Medical Opt Out ................... .............................14
Information Committee ............. .............................14
Vision Insurance .................. .............................14
Disability Insurance .............. .............................14
Disability Insurance - New ........ .............................15
Tuition Reimbursement ............. .............................16
Retirement Contribution ........... .............................16
Section S. Miscellaneous /Working Conditions
Administration and Maintenance of Classification Plan .......... 17
Reductions in Force / Layoffs ....... .............................18
Expansion of the IRS Section 125 Plan.. : ....... * ............... 20
In- Service Supervisory and Safety Training .....................20
Safety Shoes ...................... .............................21
Service Awards .................... .............................21
Labor Management Committee ........ .............................21
Accident Reporting ................ .............................22
Discipline - Notice of Intent ..... .............................22
Performance Evaluation ............ .............................24
Employee Handbook ................. .............................25
9/80 Scheduling Plan .............. .............................25
Injury Prevention Program ( IPP) ... .............................26
Promotional Preference ............ .............................27
Accident Reporting ................ .............................27
Non - Discrimination ................ .............................27
Rest Periods ...................... .............................27
Clean-Up Time ..................... .............................28
Failure of Probation .............. .............................28
Direct Deposit .................... .............................29
Reopeners......................... .............................29
Vacation /Flex Leave Sellback ...... .............................29
Probationary Period ............... .............................29
Duration.......................... .............................30
Separability ...................... .............................30
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
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, 1998 to June 30,
2001 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.
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, 1998. This MOU shall remain in
full force and effect until June 30, 2001, 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.
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. Scone.
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. 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.
D. Conclusiveness.
This MOU contains all of the covenants, stipulations, and
provisions agreed upon by the parties. Therefore, for the
life of this MOU, neither party shall be compelled, and each
party expressly waives its rights to request the other to
meet and confer concerning any issue 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.
E. Modifications
Any agreement, alteration, understanding, variation, or
waiver or modification of any of the terms or provisions of
this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized
representatives of the parties.
F. 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
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harmless the City from any and all claims arising from this
article.
Employee Data and Access.
The NBEL will be provided on
of all unit members. Th
department,
prepared by
at the time
to solicit
members or
department.
Savings
and job title.
the NBEL will be
of orientation.
membership from
who are new Cit
ya regular basis with a listing
e listing will include name,
Information concerning the NBEL
provided to new field employees
NBEL officials shall be entitled
m field employees who are not
employees assigned to a field
Should any part of this MOU be rendered or declared illegal
or invalid by legislation, a decree of court of competent
jurisdiction or other established governmental administrative
tribunal, such invalidation shall not affect the remaining
portions of this MOU.
SECTION 2.- Compensation
A. Salary Adiustments
Effective the first pay period of July, 1998, salaries shall
be increased by 3 %.
Effective the first pay period in July, 1999, salaries shall
be increased by 2.5 %.
Effective the first pay period in July, 2000, salaries shall
be increased by 2.5 %.
B. Compensation for Overtime
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 and
ending at midnight the following Friday (or as
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otherwise designated by the City Manager).
Definition of Hours Worked - Hours worked are
defined as hours which employees are required to be
performing their regular duties or other duties
assigned by the City.
d. 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
a. Defined
Incidental overtime
work shift of less
non - recurrent.
b. Compensation
is any extension of the basic
than 1/10 of an hour that is
Incidental overtime is not compensable.
Overtime Pay Calculations Durina 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. Accumulation of Comipensatory Time Off
City employees represented by the NBEL may receive
compensatory time off, in lieu of cash, as compensation for
overtime hour 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 Department Director.
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i. Compensatory time
accrue at the rate
hour worked.
off for non - exempt employees shall
of time - and -a -half for every overtime
ii. All compensatory time earned must be reported to the
payroll section on the departmental time sheets in the
"A.O." column.
Standby Dutv
A. Defined
i. To be ready to respond immediately to calls for
service;
ii. To be reachable by telephone;
iii. To remain within a specified distance from his /her
work station; and
iv. To refrain from activities which might impair the
employee's ability to perform his /her assigned
duties.
B. 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.
Call -Back Duty
A. 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.
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B. 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 -112) times the number of hours
worked, whichever is greater.
E. 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.
G. 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.
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.
H. Differential Pay for One Man Packer
The differential pay for the operation of a one man packer
shall be 17.5%.
I. Actina Pav
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 41st hour worked in the higher
classification.
J. Optional Uniform
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
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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.
It shall be further 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 be subject the
employee to progressive discipline up to and including
dismissal for negligence and /or misconduct.
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 - $50.00
Grade II - $100.00
Grade III - $150.00
Grade IV - $200.00
2. Backflow Certification - $100.00
3. Qualified Applicator Certificate - $100.00 for each
category up to a maximum of $300.00.
4. Smog License - $250.00
5. Fire Mechanic State Level I - $100.00
6. Fire Mechanic State Level II - $200.00
7. Certified Arborist - $100.00
8. ASE Certification - $25.00 per certification up to a
maximum of eight and $100.00 for possessing a current
ASE Master Truck Technician and $100.00 for possessing a
current ASE Master Automobile Technician certification.
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Commercial Drivers License, Class A - $100.00
Commercial Drivers License, Class B - $75.00
SECTION 3. - Leaves
A. Flex Leave
1. Regular full -time employees enrolled in the paid leave
program will earn leave to the following schedule:
Years of continuous
Accrual per
Annual
service
lay 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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2. Employees hired by the
City of NEWPORT BEACH on or after
July 1, 1996, shall accrue flex leave at
the following
rates:
Years of continuous
Accrual per
Annual
service
iav period /hrs
Days
1 but less than 5
4.92
16
5 but less than 10
5.53
18
10 but less than 15
6.46
21
15 but less than 20
7.08
23
20 and over
8.00
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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 employees 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 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.
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Limit on Accumulation
Employees may accrue flex leave up to an accumulated
total equal to seventy eight times the members 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 employees 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.
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.
Vacation Leave
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
Service
0 but less than 5
5 but less than 9
9 but less than 12
91
Hours in
Normal Work Week
40
3.38
3.99
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.
C. Sick Leave
1. Basis for accrual/FUll -time Employees
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:
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
10
2
3
M
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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.
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 703.1. of the
Personnel Rules.
Family Sick Leave Policy
Employees are authorized to use five (5) eight (8) hour
days of accrued sick leave per calendar year for an
illness of a dependent which requires the presence of
employee.
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 required the approval of the Department Director.
D. 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
equivalent pay whichever in the judgment of the
Department Director best serves the interest of the
Department.
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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
Floating Holidays (1)
July 4
1st 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
Effective January, 1999, holidays listed above (except
the floating holiday) occurring on a Saturday shall be
observed the preceeding 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. Employees will be eligible to receive holiday pay
only after they have been on active paid status for
30 consecutive days.
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 and
grandparents."
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2. Maximum Allowed. Such leave shall be limited to five
(5) working days per incident.
3. Probationary Emnlovees. An employee serving his /her
initial probationary period who takes leave under this
section who for any reason terminates his /her employment
prior to the completion of such probationary period
shall have his /her final paycheck reduced by the value
of the leave taken.
SECTION 4. - Frincre Benefits.
A. Insurance.
1. Health and Dental Insurance.
The City shall make available to all NBEL members
represented members the PERS health insurance programs
and a second health care plan. City shall pay the
health, dental and vision premium for each NBEL
employee, up to a maximum of four hundred ($400)
dollars per month. Effective July 1, 1999, the City
shall pay the health, dental and vision premium for each
NBEL member, up to a maximum of $425 per month.
Effective July 1, 2000, the City shall pay the health,
dental and vision premium for each NBEL member, up to a
maximum of $450 per month.
2. Cafeteria Plan
Commencing approximately September 15, 1998, the City,
Association and other employee groups shall jointly meet
to explore the implementation of a qualified cafeteria
plan. The intent of the parties is to have a plan
available for implementation in January, 1999. Should
the parties not agree on implementation of a cafeteria
plan which equally distributes medical increases set
forth in Section 4.A.1. above, the Association and City
shall agree on another mutually acceptable way of
distributing this compensation.
3. Retiree Medical Insurance
For the term of this agreement, the parties agree that
the maximum contribution by the City and active
employees for retiree medical insurance shall not exceed
$400 per month. The active employees contribution shall
be 25% of the cost of the retiree medical insurance
program for the life of this agreement.
The City will allow the previously enrolled spouse of a
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retiree to continue to be covered under the Retiree
Health Insurance Policy offered by the City.
The City and Association agree to work, through a City
wide committee, on a variety of issues involving retiree
medical insurance in an attempt to achieve cost
containment and equity amongst the City's retiree
medical programs.
Medical Opt Out
Employees will be allowed to opt out of any of the
City's health plans, and if they choose to do so they
may receive $200 per month. To qualify the employee
would be required to supply evidence of alternative
coverage, and to sign a hold harmless agreement,
releasing the City from any responsibility as a health
care provider.
i. Information Committee.
City has established a Medical /Dental Information
Committee composed of one representative from each
employee group and up to three City representatives.
The Medical /Dental Information Committee has been
established to allow the City to present data regarding
carrier and coverage options, the cost of those options,
appropriate coverage levels and other health care
issues. The purpose of this Committee is to provide
each employee group with information about health care
issues and to receive timely input from associations
regarding preferred coverage options and levels of
coverage. City shall provide information to the
Committee in December, February and April of each year
during the term of this MOU.
The Committee shall solicit bids on an alternative
dental HMO carrier during the term of this agreement.
6. Vision Insurance
The existing vision care plan shall be maintained as
part of the City's indemnity insurance policy for the
term of this agreement.
7. Disability Insurance
Under the new paid leave program, the following rules
will govern access to the disability insurance program:
1. Employee must be enrolled in the disability
program.
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2. All existing sick leave accumulated in an
employee's sick leave bank must be used.
3. If 240 or more hours have been used by an employee
for the illness that exhausts the sick leave bank,
the employee may opt to go immediately into the
disability plan.
4. All others must use at least five days or one -third
of available paid leave whichever is greater before
opting to use the disability plan.
5. In all cases there is a five working day waiting
period for use of the disability plan. Employees
without accumulated sick leave banks or accumulated
paid leave must be away from work for five days
before opting into the disability plan.
6. City will pay the cost of disability insurance
according to the following schedule:
Accrued leave (sick, paid or combination) of 160
hours but less than 280 hours - 50% paid.
Accrued leave (sick, paid or combination) of 280
hours or more - 100% paid.
When an employee having five years of service with
the City is on an approved disability leave of
absence (up to a maximum of one year), the City
will pay one -third of the cost of the employee's
insurance (health, life and disability); for an
employee with ten years of service, the City will
pay two - thirds of the cost; the City will pay the
entire cost of an employee with fifteen years or
more of service.
Refer to Personnel Resolution 703.6 Extended Sick
Leave for employees enrolled in new paid leave
program.
8. Disability Insurance - New
Effective January, 1999, the disability insurance
program set forth above shall end. In lieu, the City
shall provide disability insurance with the following
provisions:
Weekly Benefit 66 2/3%
gross weekly wages
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Maximum Benefit (mo.) $5,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid
leaves prior to receiving benefits under the disability
insurance program. Employees may not supplement the
disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, the
employees shall assume responsibility for the payment of
the disability insurance cost in the amount of one
(1.0%) percent of base salary. Simultaneously, the City
shall increase base wages by one (1.0%) percent. There
will be no increase in the cost of the disability
insurance program for the term of this agreement.
Concurrent with implementation of the new disability
insurance program, the industrial accident leave policy
of the City (Section 8.03.2.1 Personnel Rules) shall be
eliminated.
B. 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 $1,000.00 per fiscal year.
Reimbursement is contingent upon the successful completion of
the course. Successful completion means a grade of "C" or
better for undergraduate courses and a grade of "B" or better
for graduate courses. All claims for tuition reimbursement
require the approval of the Administrative Services Director.
C. Retirement Contribution
The City contracts with PERS to provide retirement benefits
for its employees. The retirement formula is the 2% @ 60,
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
SECTION 5. Miscellaneous /Working Conditions
A. Administration and Maintenance of Classification Plan
The City Manager shall be responsible for the administration
and maintenance of the classification plan. Periodically,
the City Manager shall direct a review of the existing
classification plan to ensure that is is effectively
maintained and that its reflects any significant changes in
the duties and responsibilities of positions. Should an
employee have cause to believe that significant changes have
occurred in his /her duties and responsibilities without being
reflected in their classification description, they may
advise their Department Director in writing of their concern.
This communication should clearly describe the specific
changes in duties and responsibilities, and should be
referred through the chain of command to the Department
Director. The Department Director will consider the request
and within 60 days either reject it at his /her level or refer
it to the Personnel Department for further evaluation. If
the Department Director does not respond to the subject
employee within 60 days, the employee may refer the request
directly to the Personnel Department. The Personnel
Department will either reject the request or refer it to the
City Manager with a recommendation to modify the
classification description. The City Manager has the final
authority to approve or reject the recommendations of the
Personnel Department as they effect any modifications to the
classification plan.
The classification and reclassification of positions shall be
the responsibility of the City Manager, subject to budgetary
authorization and to Civil Service Board approval when
positions in the classification service are involved. No
reclassification of a position shall be made without the
prior knowledge of employee(s) in the position.
when a position is reclassified upward, the incumbent of the
position being reclassified shall be reclassified with the
position. If the position being reclassified has not been
occupied by one individual for a period of one year,
continuously prior to the reclassification, the reclassified
position may be filled by recruitment. Unless, in the
judgment of the Department Director, there are exceptional
circumstances such recruitment shall be closed promotional.
Any reclassification request denied by the Personnel Director
shall be returned to the employee with a written statement of
the reasons for the denial.
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B. 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.
181 "C36000121
a. "Layoffs" or "Laid off" shall mean the non - disciplinary
termination or 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 the current Classification or any Classification
within the Series, subject to the following:
i) Credit shall be given only for continuous service
subsequent to the most recent appointment to
permanent status in the Classification or Series;
ii) Seniority shall include time spent on industrial
leave, military leave, and leave of absence without
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 not including
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 and more
supervisory responsibilities for subordinates. The City
Manager shall determine those classifications following
a meet and consult process which constitute a Series.
e. "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
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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 Division of the Public
Works 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:
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. 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.
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 following the
Department Director's consideration of established
performance evaluations.
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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.
C. Expansion of the IRS Section 125 Plan
The NBEL and the City agree to expand the IRS section 125
plan to the fullest extent allowed by law. This will be
accomplished through the selection of a qualified section 125
plan administrator.
D. In- Service Supervisory and Safety Trainina
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,
20
performance evaluation techniques, employee counseling and
discipline, harassment avoidance, defensive driving,
substance abuse, skills and safety methods and procedures,
and wellness.
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.
E. 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.
F. 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.
G. 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
21
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.
H. 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.
I. 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 access to
the grievance process as established in the Employee -
Employer Resolution #7173.
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
22
to a grievance, the grievant
in writing to the immediate
presented within the time
resolved.
shall present the grievance
supervisor. Grievances not
period shall be considered
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.
At the next regularly scheduled meeting of the Civil
Service Board, the grievance shall be heard, using Civil
23
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.
J. Performance Evaluation
1. PREPARATION: The Supervisor will review the employee's
previous evaluation and identify changes in performance.
Note changes and the reasons why.
The Supervisor will review established job duties that
were discussed with the employee and provided to him in
writing at the beginning of the rating period.
The Supervisor will review established performance
standards for each job duty described above, which were
also discussed with the employee and provided to him in
writing at the outset of the rating period.
The Supervisor will list specific incidents or products
that illustrate and support the formal ratings in each
performance category.
The Supervisor will prepare established job duties and
performance standards for presentation to the employee
at the beginning of the next rating period.
2. COMPLETION OF THE RATING: The Supervisor will review
any documentation and discuss its relationship to the
performance ratings assigned for the current rating
period. Assign ratings to each item on the form, basing
them on factual information or upon observable behavior.
The Supervisor will write narrative information and
examples to support the ratings, especially those that
are weak or strong or have changed from the previous
evaluation.
3. REVIEW PROCESS: The evaluation must be approved by the
rater's Department Head prior to presentation to the
employee.
24
The Supervisor will present the evaluation to the
employee in an environment conducive to clear
communication. Attempt to resolve items in dispute in a
factual manner. Conclude by presenting the rating
criteria for the next rating period.
Any changes resulting from the review must be approved
by the rater's Department Head prior to completion.
4. POST REVIEW PROCESS: The employee is given a copy of
the final rating when Department Head review is
completed. Evaluations with an overall rating of
Improvement Needed or Unsatisfactory may be appealed at
the discretion of the employee at step two of the
Grievance Procedure. The employee may attach a rebuttal
to any evaluation prior to its placement in his /her
permanent personnel file.
5. RATING SCHEDULE: All employees will receive a
performance evaluation annually in coordination with
their anniversary date. Any evaluation not rendered
within 30 calendar days of its due date will be
considered a Competent overall rating for any subsequent
use or purpose.
6. TRANSFERS AND REASSIGNMENTS: The City and the NBEL
agree to modify the "transfers and assignments" article
in the MOU to read as follows: "The City acknowledges
that before arriving at a final decision involving the
transfer or reassignment of work schedules of those
employees represented by the NBEL, the seniority and
preference of the employee will be taken into
consideration.
K. EmTAloyee Handbook
There will be a consolidation of documents to be given to
each employee. This consolidation will be comprised of
Personnel Policies, related Departmental Rules and
Regulations; Employee /Employer Resolutions and a copy of
Memorandum of Understanding. More information may be
included.
L. 9/80 Scheduling Plan
The City agrees to maintain flex - scheduling where it is
currently in place in the Utilities Division of Public Works
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
25
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
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.
M. Inlury 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.
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.
26
N. 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.
O. Accident Reporting
The City requires 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.
P. 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 or age.
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
27
be taken.
Rest periods shall be considered hours worked and employees
may be required to perform duties, if necessary.
R. Clean -M 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.
S. 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
1. 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.
2. An employee who fails promotional probation shall
receive a performance evaluation stating the reason
for failure of promotional probation.
3. 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.
4. 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.
28
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 New Probation.
T. Direct Deposit
Effective October 1, 1997, all newly hired employees shall
participate in the payroll direct deposit system.
U. Reopeners
1. The City and NBEL agree to, upon request of either
party, reopen negotiations during the term of this
agreement on the personnel rules.
2. The City and NBCEA agree to, upon request of the City,
reopen negotiations during the term of this agreement on
a City -wide reasonable suspicion drug testing policy.
3. Should the City lose, during the term of this agreement,
Motor Vehicle in Lieu revenues; or the replacement
revenue provided by the State for lost Motor Vehicle in
Lieu revenues, the City reserves the right to reopen
negotiations on the economic provisions of this
Memorandum of Understanding.
4. Within sixty (60) days of the ratification of this
agreement, the City and Association agree to reopen
negotiations on the issue of deferred compensation
programs and supplemental retirement programs. Any new
programs implemented through this reopener shall be on a
cost neutral basis to the City.
V. Vacation /Flex Leave Sellback
Effective July, 2000, the City's informal practice of
allowing employees to cash -in accrued vacation /flex leave
shall end.
W. Probationary Period
Effective immediately, newly hired employees shall serve a
twelve (12) month probationary period. There shall be no
change in the probationary period for promoted employees.
29
Concurrently, 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.
X. Duration
The terms of this MOU are to remain in full force and effect
from the first pay period of fiscal year 1998 -1999 through
the last pay period of fiscal year 2000 -2001. Proposals for
the succeeding MOU must be submitted on or before March 1,
2001 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 2000 -2001.
Y. 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 increased by 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.
30
Executed this day of 1998:
NEWPORT BEACH EMPLOYEES LEAGUE
M
0
0
M
ATTEST:
In
Gary Mansfield, President
Tim Morrell, Vice President
Mike Thayer, Treasurer
Larry Lykins, Staff
Thomas Edwards, Mayor
10
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
31
EXHIBIT A
Auto Paint & Body Mechanic
Auto Parts Buyer
Beach Maintenance Supervisor
Building Maintenance Supervisor
Building Maintenance Worker I
Building Maintenance Worker II
Carpenter
Concrete Finisher
Concrete & Storm Drain Supervisor
Cross Connection Control Specialist
Electrical Services Crew Chief
Electrical Services Supervisor
Electrician I
Electrician II
Equipment Mechanic I
Equipment Mechanic 11
Equipment Mechanic, Senior
Equipment Serviceworker
Equipment Supervisor
Equipment Operator I
Equipment Operator 11
Equipment Operator, Senior
Groundsworker I
Groundsworker 11
Maintenance Worker I
Maintenance Worker II
Operations Support Supervisor
Park & Tree Laborer
Park Maintenance Crew Chief
Park Maintenance Supervisor
Parking Lot Supervisor
Parking Meter Serviceworker
Parking Meter Supervisor
Pest Control Technician
Refuse Supervisor
Refuse Worker I
Refuse Worker 11
Sign & Paint Technician
Sprinkler System Technician
Street Maintenance Supervisor
Traffic Painter
Utilities Crew Chief
Utilities Equipment Specialist
Utilities Specialist
Utilities Supervisor
Water Production Operator