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11 - Tentative Agreement with NBFMA
Q SEW PART D Fog TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: TITLE: ABSTRACT: January 12, 2016 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Dave Kiff, City Manager - 949-644-3001 dkiff@newportbeachca.gov Maggie Williams-Dalgart, Senior Human Resources Analyst 949-644-3337 Tentative Agreement with the Newport Beach Fire Management Association The Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Fire Management Association (NBFMA or Association) expired on July 1, 2014. Due to changes in management staff and the leadership of the Association, negotiations between the City and NBFMA were delayed. Representatives for the City and NBFMA began meeting and conferring on a successor MOU on October 26, 2015. On December 8, 2015 the City and NBFMA reached a Tentative Agreement (Agreement). To provide greater transparency in the negotiations process, and to allow for disclosure of the costs of labor contracts, the Tentative Agreement is being presented to allow time for public review and comment. The complete MOU, for the period July 1, 2014 through June 30, 2018, will be presented for City Council consideration at the January 26, 2016 regular meeting. RECOMMENDATION: Receive and file the Tentative Agreement between the City of Newport Beach and the Newport Beach Fire Management Association (Attachment A). FUNDING REQUIREMENT: The estimated cost of the contract with the Fire Management Association is provided in Attachment B. The cost in year one is estimated to be $36,266, which can be accommodated in the adopted FY2015-16 budget. DISCUSSION: The Newport Beach Fire Management Association represents Battalion Chief personnel in the Fire Department. Employees in these positions assist the Fire Chief in managing the department's operations staff at eight fire stations, as well as managing the Tentative Agreement with NBFMA January 12, 2016 Page 2 department -wide training program. Representatives for the City and the Fire Management Association began negotiations on October 26, 2015. The parties met four times before a Tentative Agreement was reached on December 8, 2015. The Agreement includes increased pension contributions toward California Public Employees Retirement System (PERS) and some benefit and salary adjustments to keep pace with the rising cost of living. At expiration of the last contract, NBFMA employees were contributing 9 percent toward the pension benefit. NBFMA acknowledged the need to address future pension costs and in the proposed contract NBFMA employees will contribute an additional 3 percent, for a total employee pick up of 12 percent by January 2018. This agreement is in keeping with City Council's goal that employees share in the pension costs borne by the employer and represents one of the higher employee contribution rates of Orange County agencies. The provisions of the Tentative Agreement include: • Term of four years, from July 1, 2014, through June 30, 2018 • Additional employee contributions to the PERS pension benefit o July 1, 2015, employees contribute an additional .75 percent, for a total employee pick up of 9.75 percent o Effective each January in 2016, 2017 and 2018, employees will contribute an additional .75 percent each year, for a total of 2.25 percent (the full employee pick up will be 12.0 percent by January 1, 2018) • Wage adjustments o July 1, 2015 — 2.75% o January 1, 2016 — 2.75% o January 1, 2017 — 2.75% o January 1, 2018 — 2.75% • Increases to the cafeteria allowance, which is used to purchase medical, dental or vision coverage o January 1, 2016, an increase of $150 per month, for a total of $1,424 o January 1, 2017, an increase of $200 per month for a total of $1,624 • A reduction of the cafeteria benefit from $1,249 to $1,000 per month for employees who opt -out of medical coverage, effective January 1, 2016 • An agreement to reopen negotiations in July 2017 for the purpose of discussing the cafeteria allowance and healthcare benefits due to changes or revisions in law, such as the Affordable Care Act • A change in the overtime calculation to recognize additional required shift work 11-2 Tentative Agreement with NBFMA January 12, 2016 Page 3 • Elimination of Longevity Pay in 2017 to offset a future range adjustment to address compaction • Flat dollar ($100 per month) Strike Team Leader pay when certified and approved • Other changes include: revisions to the Bereavement Leave policy, limits on the number of consecutive shifts an employee can work, changes to compensatory time caps, and elimination of outdated and restrictive contract provisions The estimated cost of the proposed agreement for FY2015-16 and future years is included in Attachment B. All costs are itemized by salary, supplemental pays, fringe benefits, pension, and employees offsets, projected through FY2017-18. The employee offsets, which represents the additional employee pick up towards pension and the reduction in the cafeteria allowance for those opting out of medical, provides an estimated $48,192 savings over the term of the contract. A proposed draft version of the MOU between the City and NBFMA is included with this report (Attachment C; revisions noted in italics). Under Government Code Section 3505.1 the City Council must adopt or reject the successor MOU within thirty (30) days from the date the Tentative Agreement was first considered at a duly noticed public meeting. Following City Council review of the NBFMA Tentative Agreement, and Association ratification, a final version of the successor MOU will be presented to the City Council at the January 26, 2016 regular meeting. 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. 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: A. Tentative Agreement with NBFMA B. Initial Cost Estimate of 4 Year Contract with NBFMA C. NBFMA Draft Memorandum of Understanding 11-3 ATTACHMENT A Tentative Agreement Between the City of Newport Beach and the Newport Beach Fire Management Association On October 26, 2015 representatives from the City of Newport Beach and the Newport Beach Fire Management Association began meeting and conferring on a successor Memorandum of Understanding (MOU) to the one that expired July 1, 2014. The parties met 3 times and reached general agreement on the terms of a new contract on December 2, 2015. On December 8, 2015, following discussions with City Council, a Tentative Agreement was reached. The provisions of the successor MOU include: • Term July 1, 2014 through June 30, 2018 (48 months) • Wage Adjustments 0 7/1/15 2.75% base salary increase 0 1/1/16 2.75% base salary increase 0 1/1/17 2.75% base salary increase 0 1/1/18 2.75% base salary increase • PIERS Retirement Contributions 0 7/1/15 employees shall contribute an additional total employee pick up of 9.75%. 0 1/1/16 employees shall contribute an additional total employee pick up of 10.5%. 0 1/1./17 employees shall contribute an additional total employee pick up of 11.25%. 0 1/1/18 employees shall contribute an additional total employee pick up of 12.0%. • Cafeteria Benefit 75% toward retirement costs, for a 75% toward retirement costs, for a 75% toward retirement costs, for a 75% toward retirement costs, for a o Effective 1/1/16 increase of $150 per month, for a total monthly benefit of $1,424, plus the PERS medical contribution. o Effective 1/1/16, or as soon thereafter is practicable following MOU adoption, the "opt out" benefit shall be reduced from $1,149 to $1,000 per month for all employees. o Effective 1/1/17 increase of $200 per month, for a total monthly benefit of $1,624, plus the PERS medical contribution. o On or before 7/1/17, at the request of either party, the City and Association will reopen negotiations to discuss possible changes to the medical benefit program, or other elements of healthcare services as a result of the Affordable Care Act or changes to laws; any changes to the MOU will occur by mutual agreement of the parties. • Bereavement Leave Revisions o Time must be taken "proximate" to the occurrence o Benefit expanded to include domestic partner, stepmother, stepfather and stepchildren 1 12/15/15 11-4 • Certification Pay o Effective July 2016, employees who pass the evaluation process and are certified Strike Team Leaders shall be eligible for $100/mo certification pay. • Limit on Consecutive Shifts o Employees working the floor shall be limited to working 4 consecutive 24-hour shifts in a row. Strike Team or other emergencies may be exception, at discretion of Fire Chief or designee. • Longevity Pay Elimination & Compaction Adjustment o Effective July 2017, the City shall eliminate Longevity Pay for NBFMA members and the Battalion Chief salary range will be adjusted 3%, to address compaction with Fire Captain. 0 Overtime Calculation & Comp Time o Effective July 2016, unit members will be eligible for overtime at the rate of 1.5 x base pay when required to work additional shifts outside of their regular work schedule (during an emergency or to replace another Battalion Chief who is on approved leave). Overtime will only occur when the employee works their full regular schedule. Shift trades and move down assignments are excluded. o Effective with MOU adoption, the maximum accrual for Comp Time for staff assignments shall be reduced from 200 to 120, and the maximum accrual for line assignments shall be increased from 144 to 196. • Other MOU Revisions o Eliminate seven day noticing requirement on SOP changes (Section 1). o Eliminate references to Sick and Vacation leave programs (Section 3). o Eliminate Release Time provision (Section 3) o Eliminate provision in the Discipline section requiring suspensions be a minimum of five days (Section 5). o Eliminate Dues Check Off provision (Section 5). NBFMA Representatives and City Representatives agree to recommend to their Principals the terms outlined above. This Tentative agreement is subject to appropriate ratification by the membership of the NBFMA, adoption by City Council, and approval'as to form by the City Attorney. For the City of Newport Beach: Terri L. Cassidy, Deputy City Manage l2 Da e For the Newport Beach Fire Management Association: Jeff yles, Presiden � 1.2 f A Date 2 12/15/15 11-5 M a Cost Estimate of 4 Year Contact with Newport Beach Fire Management Association Contract Term: July 1, 2014 through June 30, 2018 (representing 4 full-time Battalion Chief positions) Existing Cost Projected Costs Represents the City's payment toward PERS pension costs (FY16 and FY17 rate is 60.2% and is projected to be 60.9% in FY18). " In exchange for eliminating Longevity Pay in 2017, Battalion Chief range will be adjusted 3% to address compaction; increase is included in Year 3 estimates 1/12/16 11-6 Value of FY15-16 Budget Year 1 (FY15-16) Year 2 (FY16-17) Year 3 (FY17-18) Costs as Pay/Benefits Benefit Total % of Total Base Base Base Base Cost Pension Total Cost Pension ` Total Cost Pension ` Total Cost Pension ` Total Comp Salary 563,093 338,982 902,075 23,441 14,111 37,552 39,570 23,821 63,391 74,721 45,505 120,226 221,170 18.78% (2.75% increases on 7/15, 1/16, 1/17, 1/18) " Supplemental Benefits Scholastic 3.5%-5.5% 29,670 17,861 47,531 1,235 743 1,978 2,085 1,255 3,340 3,937 2,398 6,335 11,653 0.99% Certificate Pay 3.0% 16,893 10,170 27,063 703 423 1,126 1,187 715 1,902 2,242 1,365 3,607 6,635 0.56% Holiday Pay 5.0% 27,853 16,768 44,621 1,159 698 1,857 1,957 1,178 3,135 3,696 2,251 5,947 10,939 0.93% Longevity Pay" 1.5%-3.5% 730 439 1,169 30 18 48 274 165 439 (4,366) (2,659) (7,025) (6,538) -0.56% MediCare (mandatory payment) 1.5% 9,244 - 9,244 385 - 385 650 - 650 858 858 1,893 0.16% Compensated Absences (City funding of liability) 3.5% 19,708 - 19,708 820 - 820 1,385 1,385 1,836 1,836 4,041 0.34% 149,336 28,623 Subtotal 104,098 45,238 4,332 1,882 6,214 7,538 3,313 10,851 8,203 3,355 11,558 Other City Paid Benefits Cafeteria Plan (fixed cost) Refer to MOU 39,504 - 39,504 1,800 - 1,800 6,000 - 6,000 8,400 - 8,400 16,200 1.38% Employee Assistance Program (fixed cost) Value if used 95 - 95 - - - - - - - Cell Phone $80/mo 3,840 - 3,840 Uniform Allowance (reportable value only) $75/mo 0 3,646 3,646 Life Insurance ($50K max benefit; fixed cost) Value if used 420 - 420 Retiree Health Savings Account (employer share) Refer to MOU 9,225 - 9,225 53,084 3,646 56,730 Subtotal Overtime 69,600 - 69,600 18,603 18,603 19,000 19,000 37,603 3.19% Total Compensation 789,875 387,866 1,177,741 - - Offset - Addl Employee Pick Up of PERS Pension Costs - - - (7,513) (7,513) - (12,843) (12,843) - (18,896) (18,896) (39,252) -3.33% (.75 addl pick up 7/15, 1/16, 1/17, and 1/18) Offset - Reduction in the Cafeteria Allowance Opt Out NA NA NA (1,788) - (1,788) (3,576) - (3,576) (3,576) - (3,576) (8,940) -0.76% Total Cost (Less Offset)i 1,177,741 1 36,266 1 82,426 136,712 255,404 21.69% Represents the City's payment toward PERS pension costs (FY16 and FY17 rate is 60.2% and is projected to be 60.9% in FY18). " In exchange for eliminating Longevity Pay in 2017, Battalion Chief range will be adjusted 3% to address compaction; increase is included in Year 3 estimates 1/12/16 11-6 Attachment C MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Fire Management Association ("NBFMA" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal c g,'�Soration and charter city, have been meeting and conferring, in good[ti; with respect to wages, hours, fringe benefits and other terms and cmr`ditions of employment. 2. NBFMA representatives and City, representatives,,,have reached a tentative agreement as to wages, _hours and other t6rrps and conditions of employment for the period from July 1, 2014 throug.June 30, 2018 and this tentative agreement has beenembodid in this MOU,-,. 3. The City acknowledges and appreciates t e cooperation of NBFMA during the meet and confer pi°a ss leading 11 the adoption of this 2014-2018 MOU. 4. ThisMQU, upon approval by NBFMA and ,the Newport Beach City Coun il, **presents the total and complete understanding and agreement betwee�i .. the paities regarding all matters within the scope of representation SECTIO n,1.. GENERAL PRQVISIONS, A. Recoanition In accoCdance with tlho,�provisfons of the Charter of the City of Newport Beach, the Meyers Milias Braun Act of the State of California and the provisions of the Employer's/""rnployee Labor Relations Resolution No. 2001-50, the City acknowledges'tkiatI MA is the majority representative for the purpose of meeting and conferirrg regarding wages, hours and other terms and conditions of employment for'`all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFMA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be 1 NBFMA MOU -2014-2018 11-7 9 0 2 Attachment C considered effective as of July 1, 2014. This MOU shall remain in full force and effect through June 30, 2018, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over any conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may, be waived by any collective bargaining agreement, or are, pursuant A, ",decisional or statutory law, superseded by the provisions of an agreerrient such as, or similar to, this MOU. Scope 1. All present written rules andfrently establishedpra+tices and employee rights, privileges and benefits "'that are within the scoRe of representation shall remain in full ,force and effO&Auting''the term of this MOU unless specifically amend provision p y ai this MOU, or in the case of the Department SOP's thescof representation, the City has e given notice to the Associatf6n ,and, uponfrpguest, met and conferred on any proposed changes which fall within the slope of representation. The p��ies agr o meet c ct rifer c r €nges to department SOP, rule, or regi*tion if s6`66 proposed:change materially impacts any matter within 17 the scope,,of: representation. Purs1,4' t to the MOU, the City deserves and retains all of its inherent exclusive and rl ',,n- exclusive", anagerial rights, powers, functions and authorities{" lana�Oment Rights") as set forth in Resolution No. 2001-50 . Bulletfrt'Boards 1. Sp a�"hall beipfovided on bulletin boards within the Fire Department at their' sen ation for the posting of notices and bulletins relating to NBFMA bua�hess, meetings, or events. All materials posted on bulletins boards shat" indicate the name of the organization responsible. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E -Mail) shall not contain personal attacks on any City official or employee, any material NBFMA MOU -2014-2018 11-8 E F 9 H W Attachment C which constitutes harassment, discrimination or retaliation on the basis of race, gender, ethnicity, religion, age, sexual orientation, or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E -Mail may be used for Association business on a limited basis and consistent with Department Policy. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled to meet and confer concerning ary ,'issue within the scope of representation except as expressly providehf�ein or by mutual agreement of the parties. No representative of eii orthe authority to make, and none of the parties shall be bound by 'any Statement, representation or agreement reached prior to the executliohbf this MOU"I"', not set forth herein. Modifications Any agreement, alterations ;understanding any of the terms or proviS!,qns,of this MO unless contained in a written ;dgcent E of the parties. Savings Should any" part of th legislation, decree, of governtal adr� re��ntn�tQns of IVf3U relating tot salary d0'clared invalid tbw Ci thdt NBFMA membk ruling wtfh the manner partiesaft,r,meeting an Impasse On, or waiver or ;modification of not be binding upon the parties J by authorized representatives iso ,VOU be tendered or declared illegal or invalid by dburt of competent jurisdiction or other established itae <tribunal; such invalidation shall not affect the s MOU`{ vided, >however, should the provisions of this 0preases, i�ng' p benefits, or the compensation policy be ry shall provide alternative forms of compensation such suffer no financial detriment by virtue of the decision or and ford of the compensation to be determined by the d conferring in good faith. In the event of an''impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. Upon request by the Association the parties will engage in non-binding fact finding pursuant to State law. Definitions For the purposes of this MOU these terms shall have the following meanings: NBFMA MOU -2014-2018 11-9 Attachment C 1. The term "member" or "NBFMA member" shall mean all persons within classifications represented by NBFMA. 2. The term "staff employee" shall mean any NBFMA member who is assigned to work a 40 hour workweek. 3. The term "line employee" shall mean any NBFMA member assigned to work an average 56 hour workweek in 24 hour shift increments. 4. The term "Municipal Fire Departments rqgrange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. SECTION 2. - COMPENSATION A. Salary 1. Guaranteed Salary,. CI The salary for the position of Fire Battalion Chief shall maintain at least a 9.5% salary differentiot betwoen_ the top step of Fire Captain and the bottom step of the Fire; Battalion ,_Chief. AdU'ustments to the salary of Battalion GWO all be 'reflected m' corresponding adjustments to other positipsrepre rated by NBFMA nee to maintain the salary differ anrals listed 1 Exhibit A. 2. ;Salary Adiuetrnehts ".`this. MOU Period Base saery increases for all NBFMA represented classifications shall be as follows and as specified in Exhibit A: the 0"ll period that includes July 1, 2015, there shall be a iry increase of 2.75%. Effective the poll period that includes January 1, 2016, there shall be a base salary it %cease of 2.75%. Effective the payroll period that includes January 1, 2017, there shall be a base salary increase of 2.75%. Effective the payroll period that includes January 1, 2018, there shall be a base salary increase of 2.75%. NBFMA MOU -2014-2018 11-10 C 5 Attachment C Overtime - Hours Worked 1. The City and Association agree that all unit classifications are properly exempted from the provisions of the Fair Labor Standards Act. However, NBFMA members may be required to work additional floor shifts in excess of their regular work schedule. Effective July 1, 2016, off-duty employees in the Battalion Chief classification who are assigned by the Fire Chief or designee to additional fire suppression work shift for an emergency assignment, or to replace another Battalion Chief who is on an approved leave, will receive overtime pay equal to .one -and -one-half times' the employees base rate of pay. Use of Flex Leave, Comp Time, or otherp " 4, ayes are not considered hours worked for the purpose of determining overtime eligibility. Regular staff meetings other assignments will pot �be eligible fvertime at the 1Y2 rate and shifts exchanges between twoBattalion Chiefs d6 pot qualify for overtime compensation. 2. Strike Team Actions. In the event that a,Un#employee is assigned to provide fire suppression services as part Fof a re�onal, state, or federal strike team organized by State or e�leiel o facials anc when all of the below Conditions exist, that Unit employee shall .'e -pc at that�?e and one-half (TI/2) 56 -hour rate. The Conditions are • The Uhit emp! is working overtime`hiours; • The Strike Team, is operating outside of the city limits; • The Uhjt,emplayee is on duty, on the Strike Team for more than eight •`` A t saster rdeGlaration has been approved by the State or Federal government forthe fire suppression action; and • The cos for these overtime hours are specifically authorized for reimbursdip by tt estate or federal government. 3. Compensatory Tirnje In lieu of overtime members may elect to accrue compens0(tory time off. Staff personnel may accrue a maximum of 120 hours. Line personnel r ' "'accrue a maximum of 196 hours. Personnel must use all accrued compeft96tory time by time of retirement. The provisions for accrual and use of compensatory time shall be provided in Fire Department Standard Operating Procedure. 4. All other overtime not specified above will be at the straight time rate. Required Uniform City shall pay the entire cost of providing NBFMA member with each component of the required NBFD uniform. The required NBFD uniform includes shoes, NBFMA MOU -2014-2018 C M Attachment C badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, sweatshirt, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. As permissible by law, the City shall report as pensionable compensation the value of provided uniforms at $1,519 annually in accordance with PERS requirements. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, including safety boots and turnout gear. Scholastic/Certificate Achievement Pay NBFMA members are entitled to add scholastic/certificate achievement ("Silt, NBFMA members may apply for in SE and scholastic/certificate achievemortt,, paycheck for the pay period immediatelra responsibility of the NBFMA membe Achievement Pay. Apprpval.,of the unreasonably withheld or deta`Yod,. and receive scholastic/certificatedhieven�en approved even tshough the member ma, Scholastic/Cert tt+ at _phievem6n` pay v number of units and/orir:degrees received NBFMA member shall receive scholastic by .accredited community colleges, state: with.the follgw-1 : f.. Scholastic Adhi ment: AA/AS X3.5% BA/BS 2. Certificate P Coursework Certified Chief Fire Officer Strike Team Leader * * Effective July 1, 2016 iohal compensation contingent upon ilastic/Certiffeate Achievement Pay"). > pursuant to jthti$,Zection when eligible iy shall be inc OR, in the member's Fter approval by the Fare Chief. It is the tQ apply for Scholastic/Certificate nemp er's applicationshall not be the I nember shall not be entitled to pay pier to the date the application is have beers: eligible prior to approval. contngent upon years of service and y the e` p.Ioyee. achievement pay for degrees awarded colleges, or universities in accordance Compensation 3.0% $100 per month NBFMA MOU -2014-2018 11-12 E F G SECTI 7 Attachment C Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. Court Standby Pay NBFMA 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 theic,upervisor, are rajired, while off-duty, to remain within a certain response time from court, shall be, onsidered to be on "court standby time" and shall receive four hourq�pf pay for'e4 b eight hours of court standby time. NBFMA members shall, Vvtiien required to appear in court pursuant to a Subpoena of the direction of th6if°supervisor to testify at to matters relating to their employment with the City, be�ctsidered to be on duty and shall be paid accordingly. Members,s6 remit all Witfi,,6ss fees received for testifying or appearing onany matter f6 whichthe,:membts eligible to receive court standby time Compaction Adjustment F Effective July 1, 2017, the Battalion Chief salary range will be adjusted by 3.0% to address compaction between Fire Captain and Battalion Chief. 01''3.< LEAVES NBFMX"mf understooi longevity in Years of Con't. Svc shall accrue flex leave as follows. It is mutually accrual rates have been modified to provide for the set forth below: Accrual Hours/Pay Period Line Employees Longevity Accrual Pay Hours/Pay Period Increase Staff Employees Less than 5 9.77 6.97 0.00% 5 but less than 9 10.69 7.63 0.00% 9 but less than 12 11.62 8.33 0.00% NBFMA MOU -2014-2018 11-13 rn Attachment C 12 but less than 16 12.54 8.95 0.00% 16 but less than 20 12.54 8.95 1.5% 20 but less than 25 12.54 8.95 2.5% 25 and over 12.54 8.95 3.5% 2. The Flex leave program shall be administered as follows: a. NBFMA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months provided, however, ,if a member on the flex leave program becomes sick during the fjrM ,three months of employment, the City will advance up to th(3) months of accrual for line employees for use by the member tQ<fecover from illness. In the event the City advandes paid le646 t me and the employee is terminated or resigns before completing theme months of continuous employment, the met er's final check sh lt,- be reduced by an amount equal to the`l ' Lumber of., flex leave ,hours advanced multiplied by the member'shourly fate of pay. b. NBFMA merrtbers� shall accrue -Jhree (3) months of flex leave immediately upon completing` three (3) months continuous employment with;: the �NOWport Beath :Fire Department, provided hcret, this amount shat[ be .reduced by any flex leave time cvanced during the;first t,,,,, Me rntshths of'employment. C. Members rrjay accrue'fl6,x leave up to a maximum of fifty-two (52) timeltie mrrtb�r's bi-weekly accrual rate. Earned flex leave in ,. pxcess ,©f fhe rna)umum permitted will be paid bi-weekly at the t1mberihourly rate af. pay ("Spillover Pay"). NBFMA members rray�; at any tEme, elect'to receive pay (at the member's normal hourlyate) for all,accrued flex leave in excess of 72 hours for a line emplov and 4Q;, hours for staff employees. However, NBFMA members may not elect to buy down accrued Flex Leave below the current threshold for payment (52 times the member's bi-weekly accrual, ,6te) unless, during the twelve months preceding the eTeei�t� a;.Pthe member has taken at least ninety-six (96) hours of r4?, paid,, -1 ave if a line employee and eighty (80) hours of paid leave if a staff employee. Employees, who have accrued in excess of fifty-two (52) times the member's bi-weekly accrual, shall accrue no additional time, unless through use of the time or any authorized cash payment, the accrued hours decrease to less than fifty-two (52) times the bi- weekly accrual rate. In no case shall the accrual again exceed fifty- two (52) times the bi-weekly accrual rate. NBFMA MOU —2014-2018 11-14 1.9 9 9 Attachment C d. All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. e. Members shall be paid for all accrued flex leave at their then current hourly rate of pay upon termination of the employment relationship. f. Concurrent with the July 1, 2017, 3% compaction salary range adjustment as stated in Section 2, G, the Longevity Pay incentive program in Section 3, A, 1 will be eliminated for all members. Telestaff Selection System The City commits to maintain Telesta in this Section. The City shall, for ea adopt a budget which provides forif purpose of implementing Telestaff.' calculated by computing the Vacatior by each member during afiel year leave, by that member's ove(tthe ,rk te value of leave for each NBFMA m� shall be calculated on the bas} of th during the upcorh I year;; The be identifiedA�rtthe budq;t as the'LEF Holiday Time fF ubject to budgetary constraints outlined 6h fiscal year durin41,,t,he term of this MOU, ie payment of overtime pecifically for the The amount to be ` budgeted shall be vk6x; legy- time (leave) nefmally accrued (total'arrniaal leave) multiplying total annual of pay"(V��e of leave) and then adding the [ber. Each,!,member's overtime rate of pay rr"ember'shighest anticipated rate of pay to>4aI ate of leave" for all members shall ,VE dVOkAG E FU N D. The provisi§O§ of thi ,,subsection shall apply to all NBFMA members on a pro -rata base NBFMA members who are line employees shall accrue holiday time ache rate of 5.54 hours per pay period. NBFMA who are sf employees shall accrue holiday time at the rate of 3.96 hours per pay pe ., All empl **, ncluding Staff Employees shall receive their holiday time in pay (PERS ble). Holiday pay shall be paid bi-weekly with the regular check. 2. Staff Employees Staff Employees may be required to take specified City holidays off, in the sole discretion of the Fire Chief. Time will be charged against the employee's flex leave bank. NBFMA MOU -2014-2018 11-15 X E. F. G. H 10 Attachment C Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his/her immediate family." Staff employees shall be entitled to five (5) working days of Bereavement Leave per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave per event (terminal illness followed by death is considered one event). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose, pf tiis section immediate family shall mean an employee's father, stepfather,itki er, stepmother, brother, sister, wife, husband, child, stepchild, or g, nd""' t, and the employee's spouse/domestic partner's mother, father; bfotheK, stater, child or grandparent. The provisions of this Section shall nut, iAiminish or rege any rights a member may have pursuant to applicablq�,� rovisions of Sta Or Federal law. An employee requesting bereavemenave shall notify his -.,supervisor as soon as possible of the need to take leave."" Jury Duty NBFMA members who are asign[,o line poli"ions and are called to jury duty shall be excused for each 24 blur shift during whit ,the member is required to attend court a dks o a jury or wait assigh 0�n h Family Sick` ,ave a Unit em., lo sl hadI� "ntitle, to u's� pne-half (1/2) of their annual sick leave a real j Cx an ilh of a dependent; which requires the presence of the 4 n ployee L+a ire,, shAt"i admmistdred in accordance with the provisions of the Employee Policy anuah the provisions of this Section shall not be construed to�fect or reducekae rightibf.pny employee to any unpaid family medical leave auth`d,ir by State'o ederal.law. Any Safety NBF)1tl*mployee who has been incapacitated by reason of any injury or illness which has been determined to have arisen out of or in the course of his or her employment shall receive compensation in accordance with the provisions of Section 4850 et. seq. of the Labor Code of the State of California. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave Bereavement Leave and other benefits from the position previously held to the newly assigned position provided. The ratio for conversion of staff employee NBFMA MOU -2014-2018 11-16 Attachment C benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. SECTION 4. - FRINGE BENEFITS A. Medical Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of z r�,. one representative from each employee asoeiation group and up to three City representatives. The Benefits h__formation Committee has been established to allow the Cityto i tot- lt, data regarding carrier and coverage options, the cost of those', tions, a propriate coverage levels and other health programs h0o' urpose of th BIC is to provide each employee group with informatEpn about health i and to receive timely input from"� associations regarding referred coverage options and levels of coverage:` 2. City Contribution The City has implemented ak the amounts listed bel&kAhe partici pa�attg employer's c Emplp} des shalhve the' towariafthe City %k-xisting me, The C&P,and NE MA will to Any unu§,6( taxable cat accordance ugh qualifi�Cafeteria Plan. In addition to ,shall contttk pto the minimum CaIPERS ate€�+r towards medical insurance. �f"allo f ng Cafeteria Plan contributions I, dental and vision insurance/programs. )erate in pursuing additional optional Cafeteria Plan. etria Plan funds shall be payable to the employee as k :h employees shall be allowed to change coverages in plan rues and during regular open enrollment periods. Ti ";parties red111,�tributed �ize that from July 1, 2014 through December 31, 2015, the has c $1,274 per month (plus the PERS minimum contribution) trd the Cafeteria Plan. Effective thdlpav issue that includes: January 1, 2016, the City's contribution towards the Cafeteria Plan will increase by $150.00 to $1,424 per month (plus the minimum Ca/PERS participating employer's contribution). January 1, 2017, the City's contribution towards the Cafeteria Plan will increase by $200.00, to $1,624.00 (plus the minimum CaIPERS participating employee's contribution). 11 NBFMA MOU -2014-2018 11-17 3 Attachment C On or before July 1, 2017, at the request of either party, the parties shall meet and confer in good faith to discuss possible changes to the medical benefit program, or other elements of healthcare services as a result of the Affordable Healthcare Act (CA) or changes in law, provided, however, that any changes to the MOU only may occur by mutual agreement of the parties. Unit members who do not enroll in any health care plan offered by the City must provide evidence of health care insurance coverage and execute an opt out agreement releasing the City frprtk�y responsibility or liability to provide health care insurance coveragpw,- an annual basis. oCurrent employees electingtoopt-do''C pr.ovided medical coverage will be eligible to receive a maximum Cafetena; flowance of $1,149 per month. Effective the first pair Sue in Jan -',"or as soon thereafter is practicable following MOU adoption, the opt -out Co#eria Allowance will be $1,000 per month. Dental Insurance The existing or comparable dental pIan sal be maintained as part of the City's health plan offeri s as agreed upon by the Benefits Information Committee... Thi ` Con B. Additional 2 12 �g Q a` mpaf ble visip . plan shall be maintained as part of the Ith pCan. offenng;as agreed upon by the Benefits Information dina Account Section 125.x�,xthe Internal Revenue Code authorizes an employee to reduce to able income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. Disability Insurance NBFMA MOU -2014-2018 11-18 C 13 3. 4 Attachment C The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $.,,,IQO (LTD) Waiting Period30 Calendar Days (SJ 180 Calendar Day, TD) Employees shall not be requtried to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program , Employees may not supplement the,.,_disability bene#it anti: paid leave nfl a the waiting period has been exhausted. Concurrent with the cotsm6fibernent of this program, employees assumed responsibility for the paymwnt of the,,c�isability insurance cost in the amount of one (1 �.Q%)`percent of Bose salary Simultaneously, the City increased base �w 0 by ©die (1.0%) percent: Tle Gity shelf* prpvide lifie insurance for all regular full-time employees in $1,000'remen equal to on`times the employee's annual salary up to a maxim utxt �f $5 GJ,,,) At age'70 the City -paid life insurance is reduced y 50% ofpre4th amount. This amount remains in effect until the employee retires,,from City employment. Emgl avee As ram Cityshad prude an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. Retirement Benefits 2. 1. Retirement Formula The City contracts with the California Public Employees Retirement System ("Ca/PERS" or "PERS') to provide retirement benefits for its NBFMA MOU -2014-2018 11-19 2. 14 Attachment C employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier I ("Legacy'): _Employees hired by the City on or before November 23, 2012, the retirement formula shall be 3%@50, calculated on the basis of the highest consecutive 12 month period selected by the employee. Tier 11 ("Classic"): Employees November 24 and December 31, 1, 2013 and who are not new r Code Section 7522.04(1), the, calculated on the basis of. tt e selected by the employee Tier 111 (`PEPRA"): Era January 1, 2013, who shall be 2.7%a-57 ,red by the City between or hired on or after January r as defined in Government 'formula shall be 2%@50, ?nsecutive 36 month period lyees first hired the bass by the emplo City on or after rement formula of the highest UO I .. bers shad cont bt�e amounts toward the PERS theme benefit,_j4he`� ektent w�y p� r�nissible by law, as set forth below. Shpu�d any succi provision be deemed invalid, the City and A ciatior agree to i 7pet for the purpose of renegotiating emp�fitment conftibutions or other equivalent economic 9d us h tts. x -Y Em�ee retrement contributions that are in addition to the normal PERS','�,'Member contribution shall be made in accordance with Governs nt Codi>>�'§20516(1) and calculated on base pay, special pays,4d other pays normally reported as pensionable com en w p cion, and will be made on a pre-tax basis through payroll cducf;to the extent allowable by the Internal Revenue Code. and 11: Effective July 1, 2015, Tier I and 11 members shall contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional .75% of pensionable compensation of the Employer rate, for a total contribution of 9.75%. NBFMA MOU -2014-2018 11-20 15 Attachment C Effective January 1, 2016, Tier 1 and ll members shall contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional 1.5% of pensionable compensation of the Employer rate, for a total contribution of 10.5%. Effective January 1, 2017, Tier 1 and 11 members shall contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional 2.25% of pensionable compensation of the Employer ra,t, for a total contribution of 11.25%. Effective January 1, 2018, Tier,l acrd 11 members shall contribute the full statutory member conbution, equal to 9% of pensionable compensation, plush additional 0% of pensionable compensation of thployer rate, f6,. total contribution of 12.0%. , :.... Tier 111: The normalMomb""' :)ntributioh r to for Tier 111 members is 50% of the total norn'4tco y ,and is c oWated annually for possible adlustments, as ptovided rn the PEO5,,valuations. For FY15-16 a,^rJ'd F 17, therp emberrbutiorts 11.25% and 10.5% of Pesion47e compenat�an, respectly Effective t[, pay period Ghat includes January 1, 2017, Tier 111 �`ntr�bute th ;,full statutory member contribution equal .,, to 10.5 f pensionable compensation, plus an additional .75% of pasionabfe � compeh 4tion of the Employer rate for a total cont tion �"`f X1.,1.25% of pensionable compensation. pay�:period that includes January 1, 2018, Tier 111 11 contribute the full statutory member contribution, plus al percentage of pensionable compensation of the to to achieve a total contribution of 12.0%. 3. The City's contract with PERS shall also provide for: a. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. b. The Level 4 1959 Survivors Benefits. a. The pre -retirement option settlement 2 death benefit NBFMA MOU -2014-2018 11-21 U 16 Attachment C (Section 21548). 4.. To the extent allowed by PERS, the IRS and other applicable regulatory agencies and laws, unit members who shall be enrolled in the 2% @ 50 retirement formula or 2.7% @ 57 formula, shall be eligible to participate in a defined contribution plan to be administered by the City or its designee in accord with said regulatory agency regulations and laws. The defined contribution plan shall be funded by allowing each affected employee to contribute a percentage of base salar each payroll period. The _O; City shall match any such employecontributions up to a maximum of 1.5% of base salary. The e lcyee only contributions shall be deemed fully vested at the tiffide osit. The employer only matching contribution shad�+'st uo' PERS retirement being implemented as follows <> 103% - age 55,0% - age 54; 60% - age 53, 40% -age 52; 20°lvge 51; Retiree Medical Benefit 1. Background In 2005, the City anyd all Emp1 / a Assoc tions agreed to replace the previous u of � � 3: defined ben f � i i oe meds [ progrA app) a 1��w "defined contribution" program. Trocess�fully coUertito the dew program will be ongoing for an extendea$� riod. Ddff6g the tran"'tion, employees and (then) existing retirees have been admJt,'"trativ6 i classified ,into one of four categories. The benefit is strutpCd,iffererij�kfpttct ofihe categories. The categories are as follows: a. Cate§b-,,.y 1 Employees lhbwly hired after January 1, 2005. b Category��Active em to ees hired prior to January1, 2006, whose eY plus ear`s of servi64'as of January 1, 2005 was less than 50 (46 for public safety e�oyees). C. Cat oryP'Active employees hired prior to January 1, 2006, whose age pluof service was 50 or greater (46 for public safety employees�`as of January 1, 2005. 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. NBFMA MOU -2014-2018 11-22 17 Attachment C 2. Program Structure This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS'; formerly the MERP plan): (RHS). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual purposes, called his or her "Employee accumulate contributions to be used 1 separation. All contributions to the plate contributions or City paid employer coot,14 employees at the time of deposit Eaten, account are not taxable when posted o the RHS account for bookkeeping Account." This account will g, health care expense after ire either mandatory employee tions, so they are not taxable to from investment of funds in the account. Benefit payments are not taxable when withdrawn, because the plan 'r':quires that all distributions be spent for specified health _0a purposes. Contributions will be in three employee contributions): T% of Salary. Part B contributions (employer contributidns): $2.50 per month for each year of service plus yearbf age (updated every,January 1st based on status as of Dec ,31 st of the brior vear): (leave sa )Oment as determined by Association): The Assoct*Pn„� Vlett: rmine lho level of contribution for all employees it repreents, subject to th` IIi”" constraints. All employees within the Associa ter�must , rticipate att� e same level, except that Safety members and Non qty rriet ers within an Association may have different levels. The participalon level should be specified as a percentage of the leave balance on hand in eadh"'employee's leave bank at the time of separation frort3 ,the City. For examp ',,the Association wishes to specify 50% of the leave balance as the pa lct i on level, then each member leaving the City, or cashing out leave at an 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 contributions at the level of zero percent (0%) Flex,. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association NBFMA MOU -2014-2018 11-23 HM Attachment C 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 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 and Compensatory Time are not eligible for Part C contributions. Nothing in this section restricts taking legy f time off purposes. Sick leave balances may also be irts'00 the RHS Part C contributions, but only to the extent and within all ft e numer ,,,parameters specified in the Employee Policy Manual. Section 11.21 of thdy'k44pual contains a schedule, which specifies the amount of s€ek leave that car` * "cashed out," based on time of service. The manueiIso caps the number erf hours that can be cashed out at 800, and specifies that sick leave "cashed out" on a 2 for 1 basis (800 hours of sick le.ayega�e�converted to 4Qt hours for cash purposes). Sick 1p participation� e a separate item from vacation/flex leave participation, and" thresholds musf be separately identified by the Association. Part A j ns maybe mclyded tr" PERS.pbompensation. Part B and Partcb�itributlflts will not b nplydedt t?ERS compensation. Part A dontrtbutions, begin up6nkenrollment in the program and are credited tq chR[���yetiAccount each pay period. Eligibility for Part B n ct�lons Int at fi'Veears of vested City employment. At that time, the Aaiill creme first ftve�yearsworth of Part B contributions into the Employe'�,#oust" . r terest does not accrue during that period). Thereafter, eontributions�e made bi-weekly. Part C deposits, if any, will be made at the time of er l&vment separation. Each�, �'Etnployee Lias a right to reimbursement of medical expenses (as defined elor��#'om the Plan until the Employee Account balance is zero. This rigred upon separation. If an employee leaves the City prior to five year`'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. NBFMA MOU —2014-2018 11-24 19 Attachment C Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as 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 b guidelines in IRC 152. If used for these purposes, distributions from th "'AHS accounts will not be taxable. Cash withdrawal for any other pur.�gse iijprohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his spouse and/or other authorized dependents (if an,,y "must be forfei e That particular RHS Employee Account will be cfoed, and any rem afntg funds will become general assets of the plan. The parties agree that: the City'sft B contribution's during active employment constitute e minimum` �6�aIPERS participating employer's contribution towards medical lnsprance"'M r retirement. The parties also agree that, for retirees s6lecting I. CalPER ihedical plan, or any other plan with�77,a s�itla employer < contril�ut�K� requirement, the required City contrit3tion wig ,k,withdraWtlfrerrt=the ietlk"ee's RHS account. b. For'eiia.loyeet °gin Category: 2, the program is the same as for those in Gateaory owing exception: In adds 3n, to th4.gew plant ntributions listed above, current employees who fully convert,to,,._the new plan will also receive a one-time City ontributiont, their �rtclividual RHS accounts that equates to $100 per month for ever y� month they contributed to the previous "defined benefit" pfO(O,�,,to a maxum of 15 years (180 months). This contribution will be mad ,pnly if th knployee retires from the City and at the time of retirement. No in"it wil lae 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: NBFMA MOU -2014-2018 11-25 20 Attachment C For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. 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 a[ "'re an additional one-time City contribution of $75 per month for ;every rt"onth they contributed to the previous plan prior to Januar1.06, up to apximum of 15 years (180 months). This contribution wttbe made to the RHa. account at the time of retirement, and only if the erm*Yee retires from the a . No interest will be earned in the interim. d. For employees '(ees) in Cate previous retiree meca ogram, requirement, and the $400 Cttypconl any IRS authorized purpose, notfus Effec :)uly+ryl; 2 06, a RHS a I this c� 'gory, ani the City 4 cont as long as #fte retilfee,or spouse tern V tOdors have bei F�, expense for progr Howey# specific accord m ,,4,o the 777, commissi6nsor tr The City's have the a the plan. 4. Value of Benefit the structure is very similar to the ,�pt that there is no cost share x after retirement can be used for insctfance premiums. ant been opened for each retiree in ribute $400 per month to each account ains living. :060 by the City to administer the program. The contract �u de ad,g inistration by the vendor will be paid by the City. or charges for individual account transactions that vary anent actions taken by each employee, such as fees or will be paid by each employee. ompensation Committee, or its successor committee, will determine investment options that will be available through 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). NBFMA MOU -2014-2018 11-26 E F W 21 Attachment C Tuition Reimbursement Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal year. 1. College Courses NBFMA 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, fess or other student expenses for approved job—related courses. Reimb i�rient is contingent upon the successful completion of the course S�ful completion means a grade of C or better for undergraduate cots,a grade of "B" or better for graduate courses. All claims for tuiti.6 ,reimburs Ment require the approval of the Human Resources Director, 2. Non -College Courses NBFMA members at given by recognize4 accredited college ins percent (100%) of the expenses. _ Job-refated, cour followmg,hg Areas communicfo,ns, 1 tegWJ§sues, e and ding job related Masses, courses, ;and seminars encies, org nt�tions or individuals other than td nay apply reimbursement of one hundred dual cos, 9f tuitions parking fees, travel and lodging nd sem�nat �wll bepnsidered pre -authorized in the nanagern pt� and su'ervision, oral and written ict resolutf0 fire ground operations, rescue systems, 44 ons, riskmanagement, EMS, health and safety, luto extrication; fire prevention, arson investigation, ess management. Rpimbursemdhfis contingent upon the successful completion of the course. Su essful corrro tion means a document or certificate showing successful corn' ion of the ,Mass or seminar. All claims for tuition reimbursement requirdN fie apprp l of the Fire Training Chief before submittal to Human Resource " Annual Phvsical All NBFMA members shall participate in the Department Fitness Program as outlined in Department SOP. Physical Conditioning Equipment/Apparel NBFMA MOU -2014-2018 11-27 Attachment C City shall provide workout apparel for each NBFMA member, to be replaced on an "as needed" basis. NBFMA members shall wear City provided workout apparel when working out on duty. SECTION 5. - MISCELLANEOUS PROVISIONS A. Reductions in Force/Layoffs 22 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 wqrk,1f, ce, a reduction in municipal services, a reduction in the demand for servioo,�,. Kother reasons unrelated to the performance of duties by any specific emple Reductions in force are to be accomplished, to the extent feasible, on th'e=basis of,�eniority within a particular Classification or Series and this Sectir�lould be ante( ted accordingly. 1. Definitions a. "Layoffs" or "Laid off' sha employment` b. "Seniority" shaI specific Classifi . nthiph } g empli on-disciplinbity termination of e time ,phi ,employee has worked in a dirt, Series c_lculated from the date on first; 9`raned permanent status, subject to hall be given only for continuous service subsequent �t_recen appointment to permanent status in the atio6}orSeres; �Ashall include time spent on industrial leave, military It ave of absence with pay, but shall not include inti any other authorized or unauthorized leave of ce. irposes of determining layoffs within any Classification, 'ity shall mean the time an employee has worked within Gil ly emeries. C. "Classification" shall mean one full time position 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). NBFMA MOU -2014-2018 11-28 23 Attachment C d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification (s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a,lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the�pCoyee does not possess the minimum qualifications suchcialized education, training or experience, provided, howevk,"; the Cshall allow an employee to * k i5 become re -certified as an `EMT or a parredic in the event the gkm employee's certificatigfr .Cas expired due`promotion to another position. An employees has the right to "Birp" into only those positions the employee bias previously held with the,",Department. 2. Procedures'` In the event the Ci ty Maher determoles to reduce the number of employees within a Classification;nth followmg,procedures are applicable: a. �I `mpor� �ind prot ��i�� er�p yees within any Classification shall, in tha carder, be I�a0~off before `permanent employees. Emplr��� With Clascation shall be laid off in inverse order of sen row: c. An e-, ploye'e4 subject to layoff in one Classification shall have the right ' Bumpa less senior employee in a lower ranking Classifi on within a Series, provided, however, that the determi ton of the employee to be terminated from the position of irefi ht {shall be based on seniority within the Series. An g r�tplo X who has Bumping Rights shall notify the Department Dir' within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. NBFMA MOU -2014-2018 11-29 C 24 3 4 5. A Attachment C 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 law, the provisions of this Memorandum of Understanding, or City policy. Re -Employment Permanent and probationary employe ho are laid off shall be placed on a Department re-employmenthtym ieuerse order of layoff. Re- employment lists will be valid for twa" (2) years, The re-employment list shall remain in effect until exhausted by remov(�of all names on the list. In the event a vacant pos, ©h' occurs in the [Ossification which the employee occupied at the time: of layoff, or a lower'4anking Classification within a Series, the employee atthe top gf4he Departrner t re-employment list shall have the right to appointrn+ent t reports to work win seven (7) da Notice shall be deerrted1, when p or deposited in the U ,$ al, certified; addressed to the eml3ftee ,,,or I` employe ��ave the d.ght to re ' list orthe right tix-emove hie or her namE send m written cdri irmation fo�uman e position, pe6u*d, he or she written notice of appointment. sally delivered to the employee return receipt requested, and ,past known address. Any a p{lased on the re-employment �Qm the re-employment list by ,esources Director. Perms Af and r�bation4 {`employees who are demoted because of reduced sfang levls+shall be placed on a Department promotional list in reverse orde demoot.This promotional list shall remain in effect until exhausted by removal ofll names on the list. Permanent ei��loyees who are laid off shall, as of the date of lay-off, receive one,'. eek severance pay for each year of continuous service with the City of Newport Beach, but in no case to exceed ten (10) weeks of severance compensation. Fire Suppression Staffing Levels Move -up and move -down coverage shall be used to staff the fire suppression battalion chief position in the absence of available battalion chiefs. NBFMA MOU -2014-2018 11-30 0 A 25 Attachment C Staff Assignment Schedule NBFMA members assigned to staff positions shall have the option to work a 5/40, 4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually agree to the schedule selected prior to it becoming effective. The Fire Chief retains the right to assign the staff member to a different schedule, or deny the member's request for a change of schedule, if the Fire Chief determines that the member is not able to perform their job duties or the operational needs of the department are not being met. Employees will be given 2 weeks' notice if the Fire Chief determines a change in schedule is needed,,;in order to minimize disruption of the member's personal/professional obligatio fn addition, occasionally and at the discretion and approval of the Fire Chi�f-ti`SA exempt employees working a 4/10 or 9/80 schedule may adjusttheEr �g`Ey scheduled day off if such ,. change does not disrupt departmental operations. Consecutive Shifts Effective concurrent with this 2014-1&:A four (4) 24-hour shifts in a, row, after during the next consecdfi X24 hour permitted with Fire Chief or d' psig e of Ishall bi #Mited to working e 'the employee ;shall not work fifth consecutive' shift may be ised upon operational needs. page NBFMA MOU -2014-2018 11-31 Attachment C Executed this day of January, 2016 NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION (NBFMA) By: Jeff Boyles, President, NBFMA By: Brian McDonough, Vice -President, NBFMA CITY OF NEWPORT BEACH By: Diane B. Dixon, Mayor ATTEST: By: Leilani Brown, City Clerk APPROVED AS TO FORM go 26 Aaron Harp, City Attorney NBFMA MOU -2014-2018 11-32