HomeMy WebLinkAbout05 - MOU with the NBFA5-1
NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
January 26, 2016
Agenda Item No. 5
ABSTRACT:
On January 12, 2016, the City Council considered the Tentative Agreement between
the City of Newport Beach and the Newport Beach Firefighters Association (NBFA), a
recognized employee organization, on the terms of a successor Memorandum of
Understanding (MOU) for the period January 1, 2015, through December 31, 2018. The
proposed MOU includes changes to wages, benefits and other terms and conditions of
employment that are subjects of collective bargaining as required under the Meyers-
Milias-Brown Act, California Government Code sections 3500-3510. During the
“sunshine” period, prior to adopting the MOU, members of the public had an opportunity
to consider the terms of the contract. The complete MOU is presented for City Council’s
approval/ratification (or rejection) and is the final step in the meet and confer process,
completing the agreement.
RECOMMENDATION:
a) Adopt Resolution No. 2016-11, A Resolution of the City Council of the City of
Newport Beach, California, Adopting a Memorandum of Understanding between the
City of Newport Beach and the Newport Beach Firefighters Association,for the
period January 1, 2015 through December 31, 2018;
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
Carol Jacobs, Assistant City Manager, 949-644-3313
cjacobs@newportbeachca.gov
PREPARED BY:Maggie Wiliams-Dalgart, Senior Human Resources Analyst
PHONE:949-644-3337
TITLE:Memorandum of Understanding with the Newport Beach
Firefighters Association
Memorandum of Understanding with the Newport Beach Firefighters Association
January 26, 2016
Page 2
5-2
b) Adopt Resolution No. 2016-12, A Resolution of the City Council of the City of
Newport Beach, California, to Modify the Paying and Reporting of the Value of the
Employer Paid Member Contribution to the California Public Employees Retirement
System (CALPERS) for Certain Miscellaneous Employees Represented by the
Newport Beach Firefighters Association, from 2.42% to 0% for non-safety
Miscellaneous members; and
c) Approve Budget Amendment No. 16BA-025 in the amount of $669,752 from the
General Fund unappropriated surplus fund balance
FUNDING REQUIREMENTS:
A comprehensive estimate of the costs associated with the successor MOU was
provided with the Tentative Agreement on January 12, 2016, and is resubmitted with
this report as Attachment D. For FY2015-16, the cost to implement the terms of the
contract is $669,752. Sufficient unassigned General Fund balance is available to fund
the proposed MOU adoption.
DISCUSSION:
The NBFA represents 121 fire suppression, fire operations, and emergency medicine
staff. Located at the City’s eight fire stations and City Hall, employees in these positions
provide fire protection, emergency response, paramedicine, fire prevention, and fire
inspection services. Representatives for the City and NBFA began negotiations on June
2015 on the terms of a successor MOU to the one that expired on December 31, 2014.
The City was represented by Jon Holtzman of Renne Sloan Holtzman Sakai, Carol
Jacobs, Assistant City Manager, Terri Cassidy, Deputy City Manager/Human Resources
Director (former), Chip Duncan, Assistant Fire Chief, and Maggie Williams-Dalgart,
Senior Human Resources Analyst. The Newport Beach Firefighters Association was
represented by Steve Silver of Silver, Hadden, Silver & Levine, Bobby Salerno, NBFA
President, Ed Wick, NBFA Vice President, and Mike Mullen, NBFA Representative. The
parties met ten times before a Tentative Agreement was reached on December 1, 2015.
In keeping with City Council’s goal of sharing pension costs between the City and the
employees, contributions to the California Public Employees Retirement System
(PERS) was a key topic of discussion during negotiations. NBFA representatives
understood the City’s need to continue to address growing pension costs and agreed to
increase the employee contribution. At the expiration of the last contract, NBFA safety
employees were paying 9 percent of their pay toward the pension benefit. That amount
will increase by 3 percent, so that by January 2018 NBFA safety employees will be
paying 12 percent toward the PERS retirement benefit, which is among the highest
rates of Orange County agencies.
Memorandum of Understanding with the Newport Beach Firefighters Association
January 26, 2016
Page 3
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Employee pension contributions by the NBFA’s six non-safety members will also
increase, from 10.9 percent to 13 percent. As part of the prior agreement with the NBFA
the City was paying and reporting to PERS, on behalf of the non-safety members, 2.42
percent as additional compensation under the Employer Paid Member Contribution
(EPMC). Included in the 2015-18 MOU is a provision that fully eliminates the EPMC.
Attachment C, Resolution No. 2016-12, is required by PERS in order to execute this
provision of the contract.
Other topics discussed during negotiations represented possible changes in fire service
operations, potentially impacting NBFA members. We appreciate the NBFA leadership’s
willingness to discuss these topics and agree to future reform measures. Additional
contract changes that will provide significant savings include staffing reductions (three
vacant positions) by eliminating the fourth fire suppression position on one of the City’s
two truck companies (each is currently staffed with four fire suppression personnel),
restructuring Paramedic assignment for new employees, reducing the cafeteria
allowance for employees opting out of medical coverage, and creating a Firefighter
trainee period for new employees.
The successor MOU is provided as Exhibit A and includes the following major
provisions:
1. Term of four years, from January 1, 2015, through December 31, 2018.
2. Increased employee contributions to the PERS pension benefit:
a. Safety employees will contribute an additional .75 percent each year, from
2015 through 2018, for a total of 3 percent. This amount is in addition to
the 9 percent employees currently pay.
b. Non safety employees will contribute an additional .75 percent in 2015, .70
percent in 2016, and .65 percent in 2017 toward PERS, for a total of 2.1
percent.
c. Elimination of the Employer Paid Member Contribution for non-safety
employees
3. Reduction in staffing on one of two fire truck companies, by one position per shift
for three shifts (3 positions total).
4. Restructuring of the Paramedic classification, from a position rank to a specialty
assignment for new employees, that is set 5 percent below current rates; and
City sponsored training for up to four Firefighters to attend Paramedic school.
Memorandum of Understanding with the Newport Beach Firefighters Association
January 26, 2016
Page 4
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5. Wage adjustments each year for all Association members:
a. July 1, 2015 - 2.75%
b. January 1, 2016 - 2.75%
c. January 1, 2017 - 2.75%
d. January 1, 2018 - 2.75%
6. Increases to the cafeteria allowance, which is used to purchase medical, dental
or vision coverage:
a. January 1, 2016, an increase of $150 per month, for a total of $1,424
b. January 1, 2017, an increase of $200 per month for a total of $1,624
7. A reduction of the cafeteria benefit from $1,149 to $1,000 per month for
employees who opt-out of medical coverage, effective January 1, 2016.
8. A reduction to the contract overtime calculation by 7 percent.
9. 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.
10.Creation of a Firefighter Trainee program for new employees, that provides 5
percent lower compensation during the initial 4 – 6 week training period; and an
extension of the employee probationary period from 12 to 18 months.
11.A one-time election to modify the amount of Holiday time either allocated to Flex
leave or paid as compensation.
12.Other changes include: revisions to the Bereavement Leave policy, limits on the
number of consecutive shifts an employee can work, reallocation options for
Association Release Time, and elimination of the Spillover pay program.
The estimated cost of the proposed agreement for FY2015-16 is $669,752. Detailed
costs are included in Attachment D and are itemized by salary, supplemental pays,
fringe benefits, pension, and employees offsets, and projected through the first half of
FY2018-19. The savings that can be attributed to the operational and staffing changes
proposed is estimated to be $1,849,496. Other savings, including the additional
employee pick-up of pension and the reduction in the cafeteria allowance for those
opting out of medical, provides an estimated $1,100,656 savings over the term of the
contract, for a combined total of over $2.9 million.
In accordance with NBFA ratification procedures, the majority of members voted to
approve the new MOU. The agreement will not become effective, per Government Code
Memorandum of Understanding with the Newport Beach Firefighters Association
January 26, 2016
Page 5
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§3505.1, until the governing body, i.e., City Council, takes action to adopt it. If the City
Council approves adoption of the Memorandum of Understanding with the NBFA,
Human Resources and Finance Department staff will work to implement the provisions
as soon as practicable. The proposed changes are noted in italics and the
comprehensive MOU and cost analysis of the complete contract, if approved, will be
published online.
As City Manager and Assistant City Manager, we thank the NBFA for the collaborative
and respectful way in which they approached these negotiations and appreciate their
willingness to come to the table and help address the issues of reform. These are
challenging times for city governments and a strong partnership between the City and
its bargaining units remains vital in continuing to provide the community excellent
services.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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. Resolution No. 2016-11 Adopting the Memorandum of Understanding with NBFA
B. Exhibit A to Attachment A – 2015-18 Memorandum of Understanding with NBFA
C. Resolution No. 2016-12 Modifying the Paying and Reporting of EPMC
D. Estimated Cost of MOU with NBFA
E. Budget Amendment
5-6
RESOLUTION NO. 2016 -____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
WHEREAS,the City Council of the City of Newport Beach previously adopted
Resolution No. 2001-50, the “Employer-Employee Relations Resolution,” pursuant to
the authority contained in the Meyers-Milias-Brown Act, Government Code §3500; and
WHEREAS, the City of Newport Beach supports effective communication and
collaborative working relationships with its employee associations to promote improved
relations while balancing good management practices; and
WHEREAS, the City of Newport Beach previously entered into a Memorandum
of Understanding with the Newport Beach Firefighters Association for the period
January 1, 2012, through December 31, 2014;
WHEREAS, representatives from the City of Newport Beach and representatives
from the Newport Beach Firefighters Association have met and conferred in good faith
and reached a Tentative Agreement on wages, benefits, and other terms and conditions
of employment for the period January 1, 2015 through December 31, 2018; and
WHEREAS, the City Council of the City of Newport Beach promotes
transparency in the labor negotiations process and the terms and estimated costs of the
Tentative Agreement with the Newport Beach Firefighters Association were provided for
public review and comment on January 12, 2016; and
WHEREAS, the City Council of the City of Newport Beach desires to replace the
Memorandum of Understanding between the City of Newport Beach and the Newport
Beach Firefighters Association by adopting a successor Memorandum of Understanding
for the period of January 1, 2015 through December 31, 2018.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1:The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Section 2:Wages, hours, fringe benefits and other terms and conditions of
employment of employees represented by the Newport Beach Firefighters Association
shall be provided in accordance with the provisions of the attached Memorandum of
Understanding (Exhibit A).
Section 3:The term of the Memorandum of Understanding shall be for 42
months, commencing retroactively to January 1, 2015, and remaining in full force and
effect through December 31, 2018.
ATTACHMENT A
Attachment A
5-7
Section 4:The City’s Salary Schedule shall be modified so as to be consistent
with this Resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution 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.
Section 7:This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this ____ day of _________, 2016.
______________________
Diane B. Dixon
Mayor
ATTEST:
__________________________
Leilani I. Brown
City Clerk
1 NBFA MOU 2015-2018
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2015 through December 31, 2018
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Firefighters Association, International Association of
Firefighters, Local 3734 ("NBFA"), 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 of employees in the unit of
representation NBFA is recognized to represent (unit members).
2. NBFA representatives and City representatives have reached a tentative agreement
as to wages, hours and other terms and conditions of employment for the period
from January 1, 2015 through December 31, 2018 and this tentative agreement has
been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFA during the meet
and confer process leading to the adoption of the 2015-2018 MOU.
4. This MOU, upon approval by NBFA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. – GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers-Milias-Brown Act of the State of California and the
provisions of the Employer's/Employee Labor Relations Resolution No. 2001-
50, the City acknowledges that NBFA is the majority representative for the
purpose of meeting and conferring regarding wages, hours and other terms
and conditions of employment for all employees in those classifications
specified in Exhibit "A" or as appropriately modified in accordance with the
Employer/Employee Resolution. All other classifications and positions not
specifically included within Exhibit "A" are excluded from representation by
NBFA.
Exhibit AATTACHMENT B
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2 NBFA MOU 2015-2018
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2015. This MOU shall remain in
full force and effect until December 31, 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.
The parties agree that, if NBFA submits preliminary requests for
changes in wages, fringe benefits and other terms and conditions of
employment earlier than 90 days prior to expiration of the MOU, the
parties will begin negotiations promptly, with the objective of reaching
an agreement by December 31, 2018.
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 to
decisional or statutory law, superseded by the provisions of an
agreement such as, or similar to, this MOU.
C. Release Time
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off-site meetings, conferences, seminars or
workshops related to matters within the scope of
representation;
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
c. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C.c.ii above.
Exhibit A
5-9
3 NBFA MOU 2015-2018
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a and b). Unused
hours from any calendar year may be carried over to the next year not
to exceed a total City provided release time accrual of three hundred
(300) hours.
3. City grants Unit members the right to engage in the activities
described in subsection 1(c ) at any time without reduction to the
Release Time granted in subsection 2.
4. NBFA shall designate certain members as those members entitled to
release time. Designates must give reasonable advance notice to,
and obtain permission from, their supervisor prior to use of release
time, or, prior to adjusting work hours. Requests for release time shall
be granted by the supervisor unless there are specific circumstances
that require the designate to remain on duty. Designates shall, to the
maximum extent feasible, receive shift assignments compatible with
participation in the meet and confer process.
a. The NBFA President shall be entitled to a maximum of 200
hours per calendar year for appropriate association related
business, excluding time required for the meet and confer
process. The NBFA President shall, at his/her discretion,
allocate Release Time to NBFA Board members or other
designates, to a maximum of 150 hours per year per individual.
In the event the 200 hours for the President or 150 hours for
other NBFA designates are insufficient, the President may
submit a request to the Assistant City Manager or designee,
with justification, that additional hours be granted. In no event
shall the Association be granted more than a total of 400 hours
per year for all designates.
5. In addition to City–provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit members may contribute earned
paid time off to an NBFA Release Time Bank. Members may
contribute earned time only during the period from July 1 through
August 15th during any calendar year. However, members shall not
have the right to contribute time to the NBFA Release Time bank if
NBFA has accumulated more than 600 hours of total Release Time.
Any NBFA member who contributes time to the Release Time Bank
gives up any right to usage of, or payment for, the contributed time.
Contributions may be made only in six-minute increments.
Contributions shall be on forms prepared by the City which shall then
be submitted to the appropriate department employee. City shall
advise NBFA as to the balance of hours in the Release Time Bank
upon request. For purposes of this subparagraph only, the term "time
off" shall be defined as accrued flex leave.
Exhibit A
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4 NBFA MOU 2015-2018
6. There is no entitlement to release time for any matter not set forth
above.
D. Scope
1. All present written rules and currently established practices and
employee rights, privileges and benefits that are within the scope of
representation shall remain in full force and effect during the term of
this MOU unless specifically amended by the provisions of this MOU,
or in the case of the Department SOP’s falling within the scope of
representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within
the scope of representation.
When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to the Association
no less than seven (7) days prior to implementation of the proposed
change. If such proposed change materially impacts any matter within
the scope of representation, then the parties agree to meet and confer
over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non–exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-
50.
E. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to NBFA business, meetings, or events. All materials posted on
bulletin boards shall 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 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.
Exhibit A
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5 NBFA MOU 2015-2018
F. Dues Check-off
Unit members shall have the right to authorize the City to deduct regular
monthly NBFA dues from their bi–weekly paycheck. The City shall deduct
payment of NBFA dues when the employee has authorized such deduction
and City shall remit all payments to NBFA in accordance with the terms of
each member's authorization.
G. Maintenance of Membership
Any employee in this Unit who has authorized association deductions on the
effective date of this Agreement, or at any time subsequent to the effective
date of this Agreement, shall continue to have such dues deductions made
by the City during the term of this Agreement, provided that any employee in
the Unit may terminate such Association dues by submitting a signed request
to cancel payroll deduction to the Human Resources Director. This signed
request shall be followed up with a second request at a time between 30 and
45 days of the original letter. The Association shall indemnify the City and
hold it harmless against any and all suits, claims, demands and liabilities that
may arise out of or by reason of the application or implementation of the
provisions of this section.
H. 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 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.
I. 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.
J. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of
Exhibit A
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6 NBFA MOU 2015-2018
this MOU relating to salary increases, fringe benefits, or the compensation
policy be declared invalid the City shall provide alternative forms of
compensation such that Unit members suffer no financial detriment by virtue
of the decision or ruling with the manner and form of the compensation to be
determined by the parties after meeting and conferring in good faith.
K. Impasse
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.
L. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or “unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is
assigned to work an average 40-hour workweek.
3. The term "line employee" shall mean any unit member assigned to
work an average 56-hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or
"Municipal Fire Departments" shall mean all City operated Fire
Departments and the Orange County Fire Authority.
SECTION 2. – COMPENSATION
A. Salary Adjustments – this MOU Period
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the payroll period that includes July 1, 2015, there shall be a
base salary increase of 2.75% for all represented classifications.
2. Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75% for all represented classifications.
3. Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75% for all represented classifications.
4. Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75% for all represented classifications
Exhibit A
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7 NBFA MOU 2015-2018
B. Salary Differential
1. The adjustments to salary and total compensation described in this
Section shall maintain the salary differentials between the classification of
Firefighter (benchmark classification) and the other classifications
represented by NBFA, as set forth below, so there is an appropriate
internal relationship among the primary classifications represented by
NBFA. Subject to the foregoing, the salaries specified below or total
compensation, as appropriate, shall be subject to the following minimum
salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Line Captain 132.00%
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains.
2. The Paramedic classification shall be maintained for current unit
members as of January 1, 2016. The salary range for Paramedic will
remain set at 22.25% above Firefighter (top step to top step).
Effective upon adoption of this 2015-18 MOU, the City shall establish
Paramedic Premium pay in lieu of the Paramedic classification for
employees in the classification of Firefighter hired after January 1, 2016
who are serving as Paramedics. The Paramedic Premium shall be set at
17.25% above the employee’s base salary as a Firefighter and will be
reported to PERS as compensation earnable.
C. Firefighter- Special Step Increase
Firefighters who successfully complete the Department Engineer
Certification program within twelve (12) months of passing probation will be
granted a salary step increase. .
D. Probationary Firefighter Training Step
Effective January 1, 2016, the City shall establish an entry level Firefighter
Training Step (Step “1T”) that is set 5% below current Firefighter Step 1.
Probationary Firefighters will be placed at the Training Step upon initial
appointment. Upon completion of the NB Fire Recruit Academy, employees
Exhibit A
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8 NBFA MOU 2015-2018
will be eligible to advance to Firefighter Step 1. Probationary employees will
be eligible for advancement to Step 2 following 12 months from date of initial
appointment and upon documented successful performance.
Notwithstanding advancement to Step 2, the probationary period for a new
Firefighter will be 18 months.
E. Overtime – Hours Worked
1. FLSA Overtime shall consist of authorized hours actually worked in
excess of 91 hours in a 12 day work period as previously established by
the City and as permitted by the United States Department of Labor
regulations pursuant to the FLSA 7(k) exemption. Use of Flex Leave,
Vacation Leave, Holiday Leave, and Sick Leave shall not be considered
as hours worked for the purposes of determining eligibility for FLSA
Overtime.
Contract Overtime shall consist of authorized work in excess of a unit
member’s normal number of work hours in any scheduled work shift, and
shall be paid one-and-one-half times the employee’s regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay
shall not be considered as hours worked for determining Contract
Overtime eligibility.
Effective January 1, 2017, Contract Overtime shall be calculated based
on the employee’s regular rate of pay, less 7%.
2. Temporary vacancies in line positions shall be selected in accordance
with Department S.O.P.
3. Qualified employees wishing to work voluntary overtime in a class lower
than their current class (downgrade) may volunteer to do so and shall be
compensated at one and one-half times the highest hourly rate for the
position as published in the City's compensation plan. Said employees
shall be selected according to the provisions set forth in the Department's
Standard Operating Procedures related to staffing and overtime. This
provision applies only to persons wishing to downgrade to the position of
Firefighter, Fire Engineer or Paramedic.
4. Personnel assigned to staff assignments may request compensatory time
off in lieu of paid overtime with the approval of the Department.
Compensatory time may be granted, subject to maximum accrual of
eighty (80) hours, and subject to Department consideration of the impact
of said CTO use on overtime liability and other efficiency requirements of
the Department.
Exhibit A
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9 NBFA MOU 2015-2018
F. Required Uniform
City shall pay the entire cost of providing NBFA member with each
component of the required NBFD uniform. The required NBFD uniform
includes safety shoes, badges and insignias, uniform pants, uniform shirts,
uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, ,
and baseball cap. City shall not be responsible for providing employee with
socks, underwear, or workout shoes, or other clothing.
The City will provide each fire suppression member with a set of front-line
turnout gear and an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. Reserve turnouts may be
personally issued to each member at the Fire Chief’s discretion. This
equipment will be used to temporarily replace an employee’s personal
turnout equipment that cannot be placed in service because they are wet,
contaminated, or aged.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement 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.
This provision shall not apply to employees who are “new members” as
defined in Government Code Section 7522.04 (f).
G. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
members may apply for increases pursuant to this Section when eligible and
scholastic and/or certificate achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the Fire
Chief. It is the responsibility of the unit member to apply for Scholastic
and/or Certificate Achievement Pay. Approval of the unit member's
application shall not be unreasonably withheld or delayed, and the member
shall not be entitled to receive scholastic and/or certificate achievement pay
prior to the date the application is approved even though the member may
have been eligible prior to approval.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon years of service and number of units
and/or degrees received by the employee. Unit members hired on and after
May 22, 2012 shall be ineligible for any scholastic pay based upon having
obtained units only. Qualifying units and/or degrees must be awarded by
Exhibit A
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10 NBFA MOU 2015-2018
accredited community colleges, state colleges or universities. A “degree”
shall be awarded by an institution accredited by the State of California, the
United States Department of Education, the Council for Higher Education, or
the Distance Education Training Council. Unit members shall receive
scholastic and/or certificate achievement pay in accordance with the
following:
1. Scholastic Pay
Years of College % of Actual Step in
Service: Semester/Unit: Job Class Range:
2 or more 30 1.5%/month
3 or more 60 2.5%/month
3 90 3.5%/month
4 or more 90 3.5%/month
4 120 4.5%/month
2 or more A.A./A.S. 3.5%/month
2 or more B.A./B.S. 3.5%/month
4 B.A./B.S. 5.5%/month
2. Certificate Pay
Successful completion of coursework for Fire Officer, Company Officer, Fire
Prevention Officer II, or Fire Inspector II shall entitle the member to
3%/month in Certificate Pay.
H. Special Assignment Pay
The following additional payments shall be made to certain Unit members
based on assignment:
1. Individuals properly trained and assigned by the Department to perform
special assignments shall be compensated as follows:
Maximum Compensation
Assignment Number* (% of base pay)
Shift Fire Investigator 6 5%
Radio/MDC 1 5%
SCBA 3 2%
Map/Preplan 1 2%
Special assignment compensation shall cease when individuals are no
longer performing the assignment.
*Subject to modification by the department.
Exhibit A
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11 NBFA MOU 2015-2018
2. Prior to establishing an Urban Search and Rescue Team, the City will
give notice to and, upon request, meet and confer with the Association
on those aspects of the program which fall within the scope of
representation.
3. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of the special
assignment. The types and duration of these temporary assignments
will remain a management prerogative.
Committee participation such as Safety Committee, and work on
various projects such as Public Safety Day and the CERT Program
are excluded from consideration under this Agreement.
I. Temporary Upgrading of Employees
1. Move up Assignment
A move up assignment shall be defined as the temporary assignment
of an employee to work in a job classification which is higher than his
or her current classification. A move up employee need not meet the
minimum requirements for the position to which they are moved up to.
Employees who do meet the minimum requirements for the position
shall be deemed “Acting Appointments” after their 6th consecutive
shift.
If the employee is moved-up for five (5) hours or more, the move-up
compensation shall be computed as follows:
Firefighter to Engineer Regular rate +5%
Firefighter to Paramedic Regular rate +22.25%
Firefighter to Captain Regular rate +5%
Engineer to Paramedic Regular rate +9.75%
Engineer to Captain Regular rate +5%
Paramedic to Captain Regular rate +5%
Captain to Battalion Chief Regular rate +9.5%
All leave time shall be paid at the employee’s regular rate of pay. Time
accumulated working in a move up position shall-not be applied
towards the probationary period or count as “time in rank” for the
purpose of seniority.
A move up employee who completes the minimum requirements for
the position while working in the move-up classification shall be
Exhibit A
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12 NBFA MOU 2015-2018
deemed an “Acting Appointment” effective the date the minimum
qualification is met.
The following positions shall be considered for move-up assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignment to the move up position shall be made at the sole
discretion of the Fire Chief and are limited to a maximum time period
of 360 days.
2. Acting Appointments
The formal and expressed assignment of an employee to perform the
significant duties and responsibilities of a higher classification for more
than six (6) consecutive shifts shall be deemed an acting appointment.
All acting appointees must satisfy the minimum requirements for the
position to which they are appointed.
Acting employees shall be compensated the beginning of the pay
period following the sixth consecutive shift in the salary range of
his/her acting classification at a rate that is at least five (5%) percent
higher than their current rate. All holiday, vacation, sick leave and paid
leave shall be paid at the employee’s new rate of pay.
In the event the acting employee is subsequently appointed to the
higher classification, the time accumulated while acting in the higher
classification shall be applied towards the probationary period and
count as “time in rank” for the purpose of seniority.
If an acting employee is returned to his/her former classification for
more than six (6) months, he/she will not be credited with the time
accumulated in the acting position for the purposes of probation or as
“time in rank” for the purpose of seniority.
Acting appointments shall be made at the sole discretion of the Fire
Chief and are limited to a maximum time period of 180 days.
3. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five (5%) pay
differential over their regular rate of pay for all time worked in this job
classification if they are assigned to work in this job classification for a
period of four (4) working hours or longer.
Exhibit A
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13 NBFA MOU 2015-2018
J. Paramedic Training
Following adoption of this 2015-18 MOU, the City will establish a competitive
process for which up to a maximum of four (4) current Firefighters as of
January 1, 2016, will be selected, based on the operational needs of the Fire
Department, to attend Paramedic school during the term of the MOU.
Selected employees will be compensated at their normal rate of pay while
attending school and during any clinical training. Following completion of
school and clinical training, during the on-the-job training period employees
shall receive 5% assignment pay. Following all training, employees will return
to their normal rate of pay until such time as they are selected for Paramedic
assignment. This section shall terminate upon the expiration of this MOU.
Assignment to Paramedic School shall not be construed as assignment to
position for the purposes of probation.
K. Y-Rating
Employees who are reclassified to a position with a lower maximum salary
shall be Y-rated. Y-rating shall refer to a pay rate outside of the assigned
salary range of the employee.
If the salary of the employee is greater than the maximum of the new range,
the salary of the employee shall be designated as a Y-rate and shall not
change during continuous regular service until the maximum of the new
range exceeds the salary of the employee.
If the salary of the employee is the same or less than the maximum of the
new class, the salary and merit increase eligibility date of the employee shall
not change.
L. Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the rate of one hour for each hour, or portion thereof, the
employee worked beyond the end of the shift. Any member held over after
shift shall be compensated at time and a half for all time worked during the
work period in excess of the maximum permitted under the provisions of
Section 29 USC 507(k).
M. Emergency Recall
If an employee who is not on stand-by or shift hold-over and is required to
return to work during his/her off-duty hours for actual firefighting, or similar
emergency designated by the Fire Chief, the employee shall receive a
Exhibit A
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14 NBFA MOU 2015-2018
minimum of four (4) hours compensation for the first hour worked and
compensation for time worked thereafter.
N. 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.
O. Court Standby Pay
Unit members who, pursuant to subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off–
duty, to remain within a certain response time from court, shall be considered
to be on "court standby time" and shall receive four (4) hours of pay for each
eight hours of court standby time. Unit members shall, when required to
appear in court pursuant to a Subpoena or the direction of their supervisor to
testify at to matters relating to their employment with the City, be considered
to be on duty and shall be paid accordingly. Members shall remit all witness
fees received for testifying or appearing on any matter for which the member
is eligible to receive court standby time.
SECTION 3. - LEAVES
A. Flex Leave
1. Unit members shall accrue flex leave as follows. It is mutually
understood that accrual rates have been modified to provide for the
longevity increase set forth below.
Leave Accrual Longevity Pay
Years of Srvc Hrs/Pay Period Increase
Line Employees:
1 but less than 5 9.77 0.00%
5 but less than 9 10.69 0.00%
9 but less than 12 11.62 0.00%
12 but less than 16 12.54 0.00%
16 but less than 20 12.54 1.5%
20 but less than 25 12.54 2.5%
25 and over 12.54 3.5%
Exhibit A
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15 NBFA MOU 2015-2018
Staff and Non-Safety Employees:
1 but less than 5 6.97 0.00%
5 but less than 9 7.63 0.00%
9 but less than 12 8.33 0.00%
12 but less than 16 8.95 0.00%
16 but less than 20 8.95 1.5%
20 but less than 25 8.95 2.5%
25 and over 8.95 3.5%
Longevity increases specified above shall be reported to PERS as
special compensation and shall be regarded as compensation
earnable as defined in Government Code §20636(c)(1) for purposes
of computing retirement benefits and contributions.
2. The Flex leave program shall be administered as follows:
a. Unit 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 first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the
employee is terminated or resigns before completing three
months of continuous employment, the member's final check
shall be reduced by an amount equal to the number of Flex
leave hours advanced multiplied by the member's hourly rate of
pay.
b. Members employed by the City prior to initiation of the Flex
leave program have had the current accrued vacation time
converted to Flex leave on an hour for hour basis with the
current sick leave placed in a bank to be used as provided in
the Employee Policy Manual. Members entitled to use sick
leave pursuant to Section the Employee Policy Manual and
who are absent due to illness shall have their sick leave bank
reduced by the duration of the absence unless the member
notifies appropriate department personnel that the absence
should be charged to the member's flex leave account.
c. Members shall be entitled to accrue Flex leave up to a
maximum of fifty-two (52) times the member's bi-weekly accrual
rate. Earned Flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay.
Exhibit A
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16 NBFA MOU 2015-2018
Effective July 1, 2012, earned leave in excess of the maximum
permitted was deposited in the members “spillover bank”.
Effective January 1, 2016 spillover shall be eliminated and unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to
use leave benefits because of an industrial disability, hardship
or extraordinary circumstances.
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. Flex leave may be taken in four (4) hour increments.
f. Members shall be paid for all accrued Flex leave at their then
current hourly rate of pay (hourly rate before incentives, other
pays, etc.) upon termination of the employment relationship
except as provided by Section 3(J).
g. Spillover Bank/Spillover Hours
Effective July 1, 2012, all hours then accrued above the new
accrual cap (52x the bi-weekly accrual rate) were deposited in
a newly-created Spillover Bank and became Spillover Hours.
Flex leave hours that had been used by the employee between
July 1, 2012 and December 31, 2012 were drawn from the
Spillover Bank, to the extent the unit member had adequate
Spillover Hours.
Effective January 1, 2013, all remaining Spillover Hours and all
hours turned in for cash conversion were deposited into the
member’s MERP account. From January 2, 2013 forward,
hours held in the Spillover Bank were not subject to use by the
employee and were converted, at the member’s regular hourly
rate, and deposited into the member’s MERP account on an
annual basis.
B. Telestaff System
The City has implemented “Telestaff” which phased out the Vacation
Selection System (VSS). The City commits to maintain Telestaff subject to
budgetary constraints outlined in this Section. The City shall, for each fiscal
year during the term of this MOU, adopt a budget which provides for the
payment of overtime specifically for the purpose of implementing Telestaff.
The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave/Holiday time (leave) normally accrued by each member
during a fiscal year (total annual leave) multiplying total annual leave, by that
Exhibit A
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17 NBFA MOU 2015-2018
member's overtime rate of pay (value of leave) and then adding the value of
leave for each NBFA member. Each member's overtime rate of pay shall be
calculated on the basis of the member's highest anticipated rate of pay
during the upcoming fiscal year. The total "value of leave" for all members
shall be identified in the budget as the "LEAVE COVERAGE FUND."
Notwithstanding, any other provision of this MOU, the Fire Chief shall have
the sole discretion to take whatever action may be necessary to reduce
overtime payments, including the temporary reduction of staffing levels or
personnel, in the event payments for overtime out of the LEAVE COVERAGE
FUND exceed 25% of the fund during the first three months of the fiscal year,
50% of the fund during the first six months of the fiscal year, or 75% of the
fund during the first nine months of the fiscal year.
C. Vacation/Sick Leave
Due to the conversion of employees to the Flex leave program, former
Vacation and Sick leave accrual provisions are hereby removed and shall be
referenced exclusively in prior MOUs.
D. Holiday Time
1. Line Employees
The provisions of this subsection shall apply only to Unit members
who are line employees during all or a portion of any calendar year
and, as to those members who are line employees for only a portion of
the year, the provisions of this subsection shall be applicable on a
pro–rata basis. Unit members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. Holiday time
shall be added to the member's Flex leave Account on a bi–weekly
basis.
Effective October 1, 1996, all Line employees were provided a one-
time opportunity to elect to convert all or any portion of their annual
holiday benefits to cash on an annual basis. This election shall be
uniform from year to year. For example, an employee electing to
convert 108 of the 144 annual benefits to cash must so convert 108
hours of earned holiday benefits each year thereafter. The election to
change holiday time to pay shall be in twelve (12) hour increments.
Holiday pay will be paid bi-weekly with the regular check. Holiday
leave conversion pay will not count in the total compensation formula
used to adjust salaries and benefits.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of
computing retirement benefits and contributions.
Exhibit A
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18 NBFA MOU 2015-2018
Note: Newly hired employees shall be given a one-time option, within
60 days of employment, to elect to receive up to one-half of accrued
holiday time as time off in lieu of cash payment.
2. Staff Employees
Staff employees shall receive the following fully paid holidays:
New Years’ Day, Martin Luther King Birthday, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and the day after Thanksgiving, one–half day on
Christmas Eve, Christmas, and one–half day on New Year’s Eve. In
addition, Staff employees will be entitled to one floating holiday at the
member’s election.
Staff employees shall have the one-time option of accruing holiday
time as pay. Staff employees may be required to take specified City
holidays off at the sole discretion of the Fire Chief. Time will be
charged against the employee’s Flex leave bank. Holiday time
provided as pay for employees who are not normally required to work
on an approved holiday because they do not work in positions that
require scheduled staffing without regard to holidays, shall not be
reported as special compensation under California Code of
Regulations 571(a)(5).
3. Holiday Time Election
Effective following adoption of the 2015-18 MOU, or as soon
thereafter is practicable, all then current unit members will be provided
a one-time opportunity to change all or a portion of their future annual
holiday benefits to pay or time off. The City will provide a 28-day
window (2 pay periods) for employees to make the new election.
Once selected, the election shall be uniform from year to year. All
other elements of the election shall be as provided in D(1) and (2)
above.
E. 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 and non-safety
employees shall be entitled to forty (40) hours of Bereavement Leave per
calendar year per event while Line Employees shall be entitled to ninety (90)
hours of Bereavement Leave (terminal illness followed by death is
considered one incident). 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
Exhibit A
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19 NBFA MOU 2015-2018
Manual. For the purpose of this section immediate family shall mean an
employee’s father, mother, stepfather, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparents, and the
employee’s spouse/domestic partner’s mother, father, brother, sister, child
and grandparent. The provisions of this Section shall not diminish or reduce
any rights a member may have pursuant to applicable provisions of State or
Federal law. An employee requesting bereavement leave shall notify his/her
supervisor as soon as possible of the need to take leave.
F. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program.
G. Jury Duty
Unit members who are assigned to line positions and are called to jury duty
shall be excused for each twenty-four (24) hour shift during which the
member is required to attend court and sit on a jury or await assignment.
H. Flex Leave Premium Pay Account
Unit members shall have the right to receive pay, at the rate of 100% of their
then current base salary, for any Flex Leave banked, up to a maximum of
fifty-two (52) times their bi–weekly Flex Leave accrual rate as of June 30,
1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay
Account balance shall be shown on each member's regular pay stub. The
Flex Leave Premium Pay Account shall be reduced in accordance with
member purchases. Each member shall, upon termination, resignation,
retirement or other separation from service, receive terminal pay at the rate
of 100% of their then current base salary for all accrued Flex Leave to the full
extent of the remaining balance in the Flex Leave Premium Pay Account with
any remaining Flex Leave paid at the then current base salary. The
provisions of this section shall apply only to members employed by the City
of Newport Beach on or before June 30, 1994.
I. Worker's Compensation Leave
Any Safety unit member 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.
Exhibit A
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20 NBFA MOU 2015-2018
J. Scheduling of Medical Treatment for Industrial Injuries
Time spent by an employee receiving medical attention during the
employee's normal working hours is considered hours worked and
compensable, when the City or its representative schedules the appointment.
When an employee is temporarily disabled due to an industrial injury, and is
unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
occurring during normal working hours. The employee shall not be entitled to
any additional compensation, regardless of the employee's regular work
schedule or the type of compensation currently received, except as otherwise
required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the
City, is not considered hours worked and therefore, is not compensable. To
avoid disruption in the workplace, an employee shall schedule such
appointments to occur during off duty hours whenever possible. In the event
such scheduling is not available, employee may be allowed to attend an
appointment during their regularly scheduled duty shift with prior supervisory
approval. Regular recurring appointments (i.e., weekly physical therapy)
must be scheduled off duty.
K. 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, however, upon
reassignment a line employee shall be entitled to either receive pay for
accrued holiday time or add accrued holiday time to the member's Flex
Leave account. The ratio for conversion of staff employee 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. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits Information
Committee has been established to allow the City to present data
Exhibit A
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21 NBFA MOU 2015-2018
regarding carrier and coverage options, the cost of those options,
appropriate coverage levels and other health programs. The purpose
of the BIC is to provide each employee group with information about
health insurance/programs and to receive timely input from
associations regarding preferred coverage options and levels of
coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition
to the amounts listed below, the City shall contribute the minimum
CalPERS participating employer’s contribution towards medical
insurance. Employees shall have the option of allocating Cafeteria
Plan contributions towards the City’s existing medical, dental and
vision insurance/programs. The City and the Newport Firefighter
Association will cooperate in pursuing additional optional benefits to
be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages
in accordance with plan rules and during regular open enrollment
periods.
The parties recognize that from January 1, 2015 through December
31, 2015, the City has contributed $1,274 per month (plus the PERS
minimum contribution) toward the Cafeteria Plan.
Effective the pay 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 CalPERS
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 CalPERS
participating employee’s contribution).
On or after 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 (ACA) 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 want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage,
and execute an opt-out agreement releasing the City from any
Exhibit A
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22 NBFA MOU 2015-2018
responsibility or liability to provide medical insurance coverage on an
annual basis.
Current employees electing to opt-out of City provided medical
coverage will be eligible to receive a maximum Cafeteria Allowance of
$1,149 per month. Effective the first pay issue in January 2016, the
opt-out Cafeteria Allowance will be $1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City’s health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
5. Changes in Insurance Carriers and Coverages
There shall be no change in Insurance carriers or coverages during
the term of this agreement unless the City has given prior notice to the
Association and, upon request, met and conferred.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as
child care and medical expenses. The City shall maintain a
“reimbursable account program” in accordance with the provisions of
Section 125 of the 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.
2. Disability Insurance
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
Exhibit A
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23 NBFA MOU 2015-2018
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance cost
in the amount of one (1.0%) percent of base salary. Simultaneously,
the City increased base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees
in $1,000 increments equal to one times the employee’s annual salary
up to a maximum of $50,000. At age 70 the City-paid life insurance is
reduced by 50% of the pre-70 amount. This amount remains in effect
until the employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family members
may access the EAP subject to provider guidelines.
D. PERS Retirement Benefit
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System (“CalPERS” or “PERS”) to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement
benefits as follows:
Tier I (“Legacy”): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall
be 3%@50 and the retirement formula for non-safety members shall
be 2.5%@ 55, calculated on the basis of the highest consecutive 12
month period selected by the employee.
Exhibit A
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24 NBFA MOU 2015-2018
Tier II (“Classic”): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula for safety members shall be
2%@50 and the retirement formula for non-safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier III (“PEPRA”): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non-safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36
month period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should
any such provision be deemed invalid, the City and Association agree
to meet for the purpose of renegotiating employee retirement
contributions or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special
pays, and other pays normally reported as pensionable compensation,
and will be made on a pre-tax basis through payroll deduction, to the
extent allowable by the Internal Revenue Code.
a. Safety
Tiers I and II:
Effective the pay period that includes July 1, 2015, Tier I and II
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% of pensionable compensation.
Effective the pay period that includes January 1, 2016, Tier I and
II members will 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% of pensionable compensation
Effective the pay period that includes January 1, 2017, Tier I and
II members will contribute the full statutory member contribution
Exhibit A
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25 NBFA MOU 2015-2018
equal to 9% of pensionable compensation, plus an additional
2.25% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation
Effective the pay period that includes January 1, 2018, Tier I and
II members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
3.0% of pensionable compensation of the Employer rate for a
total contribution of 12.0% of pensionable compensation
Tier III:
The normal member contribution rate for Tier III members is
50% of the total normal cost and is calculated annually for
possible adjustments as provided in the PERS valuations. For
FY15-16 and FY16-17, the member contribution is 11.25% and
10.5% of pensionable compensation respectively.
Effective the pay period that includes January 1, 2017, Tier III
members will contribute the full statutory member contribution
equal to 10.5% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier III
unit members will contribute the full statutory member
contribution, plus an additional percentage of pensionable
compensation of the Employer rate to achieve a total
contribution of 12.0% of pensionable compensation
b. Non Safety
The parties recognize that from January 1, 2015 through June
30, 2015, NBFA non-safety members have been paying, in
addition to the member contribution, a portion of the Employer
rate under a Government Code Section 20516(a) cost sharing
agreement for employees in Tier I, and a Government Code
Section 20516(f) cost sharing agreement for employees in all
Tiers. The normal member rate and the cost sharing rate vary by
Tier. However, the combined contribution rate for each Tier
equals 10.9% of pensionable compensation, as provided in a
prior agreement.
Tier I:
Effective the pay period including July 1, 2015, employees shall
contribute an additional .75% of pensionable compensation for a
Exhibit A
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26 NBFA MOU 2015-2018
total employee contribution of 11.65% of pensionable
compensation.
Effective the pay period including January 1, 2016, employees
shall contribute an additional .70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation, broken down as follows: 8.0% of
pensionable compensation of the required member contribution
and 2.42% and 1.93% of pensionable compensation of cost
sharing under Government Code Sections 20516(a) and
20516(f) respectively.
Effective the pay period including January 1, 2017, employees
shall contribute an additional .65% of pensionable compensation
for a total employee contribution of 13.0% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42%
and 2.58% of pensionable compensation as cost sharing under
Government Code Sections 20516(a) and 20516(f) respectively.
Tiers II and III:
Effective the pay period including July 1, 2015, employees in
Tiers II and III shall contribute an additional .75% of pensionable
compensation, above the 10.9% in prior agreement, for a total
employee contribution of 11.65% of pensionable compensation.
Effective the pay period including January 1, 2016, employees in
Tiers II and III shall contribute an additional .70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation.
Effective the pay period including January 1, 2017, employees in
Tiers II and III shall contribute an additional .65% of pensionable
compensation for a total employee contribution of 13.0% of
pensionable compensation.
c. The City’s contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre-retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
Exhibit A
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27 NBFA MOU 2015-2018
4. Payment by any individual member’s normal employee PERS
contributions or amounts contributed pursuant to 20516 (a) or (f) shall
not be reported to PERS as special compensation.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers
II and III)., Such employees are eligible to participate in a Defined
Contribution plan (Plan), administered by the City or its designee in
accordance with said regulatory agency regulations and laws. The Plan
shall continue to be funded by allowing each affected employee to contribute
any amount (unless statutorily capped or capped by the Plan) of base salary
each payroll period. The City shall match any such employee contribution
up to 1.5% of base salary per year. The employee-only contributions shall
be deemed fully vested at the time of its deposit. The employer-only
matching contribution shall vest upon a PERS retirement being implemented
as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52;
20% - age 51. (“Age” at time of retirement being effective.) In the event that
a participant in the Plan has a medical retirement earlier than the vesting
above, he or she shall be deemed 100% vested upon the date of the
medical retirement.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous “defined benefit” retiree medical program with a new “defined
contribution” program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2005 was
less than 50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for
public safety employees) as of January 1, 2005.
Exhibit A
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28 NBFA MOU 2015-2018
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2006, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan,
ie: MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her “Employee Account.” This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory
employee contributions or City paid employer contributions, so they
are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to the
account. Benefit payments are not taxable when withdrawn, because
the plan requires that all distributions be spent for specified health
care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1% of
Salary.
Part B contributions (employer contributions): $2.50 per month for
each year of service plus year of age (updated every January 1st
based on status as of December 31st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non-safety members within an
Association may have different levels. The participation level should
be specified as a percentage of the leave balance on hand in each
employee’s leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
Exhibit A
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29 NBFA MOU 2015-2018
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 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.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule, which specifies the amount of sick
leave that can be “cashed out,” based on time of service. The manual
also caps the number of hours that can be “cashed out” at 800, and
specifies that sick leave hours are “cashed out” on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes).
Sick leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City employment.
At that time, the City will credit the first five years’ worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly.
Part C deposits, if any, will be made at the time of employment
separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Exhibit A
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30 NBFA MOU 2015-2018
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years’ worth of Part B contributions,
using the employee’s age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee’s RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents – again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these
purposes, distributions from the RHS accounts will not be taxable.
Cash withdrawal for any other purpose is prohibited. Under recent
IRS Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City’s Part B contributions during active
employment constitute the minimum CalPERS participating
employer’s contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CalPERS medical
plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from the
retiree’s RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
“defined benefit” plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Exhibit A
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31 NBFA MOU 2015-2018
Employees in Category 2 who had less than five years’ service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years total service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There
is no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires from
the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that
there is no cost share requirement, and the $400 City
contribution after retirement can be used for any IRS authorized
purpose, not just City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program.
The contract expense for program-wide administration by the vendor
will be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for
trades, will be paid by each employee.
Exhibit A
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32 NBFA MOU 2015-2018
The City’s Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1% of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part
B).
G. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non-college
authorized courses) for unit members shall be $1,500 per fiscal year.
1. College Courses
Unit 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.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade "C" or better for
undergraduate courses and a grade "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of
the Human Resources Director.
College courses taken in pursuit of a degree that would render the
employee eligible to receive scholastic pay compensation shall not be
eligible for tuition reimbursement.
Career development courses and vocational courses offered through
a college shall be eligible for tuition reimbursement provided they
meet the definition of pre-authorized or prior approval is received from
the Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
2. Non-College Courses
Unit members attending job-related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one
hundred percent (100%) of the actual cost of tuition, parking fees,
travel and lodging expenses.
Exhibit A
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33 NBFA MOU 2015-2018
Job-related courses, training and seminars will be considered pre-
authorized in the following areas: Management and supervision, oral
and written communications, conflict resolution, legal issues, and
media relations, risk management, fire ground operations, rescue
systems, EMS, health and safety, apparatus operator, auto extrication,
fire prevention, arson investigation, and critical incident stress
management.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a document or certificate
showing successful completion of the class or seminar. All claims for
tuition reimbursement require the approval of the Fire Training
Battalion Chief before submittal to Human Resources.
3. Training – Worker’s Comp
Employees of the Newport Beach Fire Department will be considered
within the definition of course of employment and arising out of
employment for purposes of workers compensation coverage when
they have been authorized by the Fire Chief to attend pre-approved
training that furthers the department’s mission in providing fire and
medical public safety services to the community.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
I. Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in
maintaining physical fitness. City shall budget $25,000 per year for
the acquisition, maintenance, repair, improvement, or replacement of
fitness equipment. Up to $10,000 may be carried over to a subsequent
fiscal year(s). An additional $10,000 shall be budgeted to equip any
new stations built during the term of this agreement.
2. City shall provide workout apparel for each NBFA member assigned to
fire suppression. Workout apparel shall consist of three workout shirts
and two trunks. All unit members on duty between the hours of 4:00
p.m. one day and 7:30 a.m. the next, shall wear either the approved
workout apparel, or the approved NBFD uniform.
Exhibit A
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34 NBFA MOU 2015-2018
SECTION 5. – Miscellaneous Provisions
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines
that a reduction in the work force is warranted because of actual or
anticipated reductions in revenue, reorganization of the work force, a
reduction in municipal services, a reduction in the demand for service or
other reasons unrelated to the performance of duties by any specific
employee. Reductions in force are to be accomplished, to the extent
feasible, on the basis of seniority within a particular Classification or Series
and this Section should be interpreted accordingly.
1. Definitions
a. Layoff or Layoffs shall mean the non–disciplinary termination of
employment.
b. “Seniority” shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, 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 with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within the Classification
of Firefighter, seniority shall mean the time an employee has
worked within the Series from Firefighter to Captain.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part–time, seasonal or
temporary positions. Classifications within a Series shall be
ranked according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
less supervision by superiors, more difficult assignments, more
Exhibit A
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35 NBFA MOU 2015-2018
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 employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become recertified as a paramedic in the event the employee's
certification has expired due to promotion to another position. An
employee has the right to Bump into only those positions the
employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Temporary and probationary employees within any
Classification shall, in that order, be laid off before permanent
employees.
b. Employees within a Classification shall be laid off in inverse
order of seniority.
c. An employee subject to layoff in one Classification shall have
the right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the
position of Firefighter shall be based on seniority within the
Series. An employee who has Bumping Rights shall notify the
Department Director 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.
Exhibit A
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36 NBFA MOU 2015-2018
3. Notice
Employees subject to layoff 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 Employee Policy Manual.
4. Re–Employment
Permanent and probationary employees who are laid off shall be
placed on a Department re-employment list in reverse order of layoff.
The laid off former employee shall remain on the reemployment list for
not to exceed two (2) years from the date of layoff. In the event a
vacant position occurs in the Classification which the employee
occupied at the time of layoff, or a lower ranking Classification within a
Series, the employee at the top of the Department re-employment list
shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the
employee or deposited in the U.S. Mail, certified, return receipt
requested, and addressed to the employee at his or her last known
address. Any employee shall have the right to refuse to be placed on
the re–employment list or the right to remove his or her name from the
re–employment list by sending written confirmation to the Human
Resources Director.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay–off,
receive one-week severance pay for each year of continuous service
with the City of Newport Beach, but in no case, to exceed ten (10)
weeks of severance compensation.
B. Discipline Plan
Any discipline shall be in accordance with Department SOP and the
Employee Policy Manual.
C. Fire Suppression Equipment Staffing Levels
The City shall not reduce current staffing levels for fire suppression
equipment during the term of this MOU. The City believes that appropriate
staffing levels call for three (3) fire suppression personnel for each engine
company and three (3) fire suppression personnel on one truck company and
four (4) fire suppression personnel on the second truck company. The Fire
Chief or designee shall have the discretion to add a fourth fire suppression
Exhibit A
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37 NBFA MOU 2015-2018
personnel to the truck company staffed with three fire suppression personnel
on a regular or overtime i.e. “backfill” basis, based on operational needs, for
a minimum 12 hour period. However, nothing contained herein shall be
construed as altering the existing 24 hour shift for fire suppression
employees.
D. EMT Certification
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic
certified, who misses, or anticipates missing, a regularly scheduled EMT
certification class shall contact the Fire Chief or his/her designee in an
attempt to schedule a makeup session, provided, however, members may
view videotaped classes to make up for absences from a regularly scheduled
class in accordance with County and State requirements. If a makeup
session is not available within the program schedule established by the
Department, the member shall, prior to loss of certification, attend a
Departmental session or class offered by a public or private institution on the
member's own time and without compensation by the City.
E. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any
tobacco products at any time while on, or off, duty. Employees shall be
required to sign an agreement consistent with this section. Violation of the
agreement may subject the employee to disciplinary action. Employees shall
have input into the agreement to be developed.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off-duty
shall not be considered a violation of this section.
F. Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications
shall remain in effect for the term of this agreement.
G. Exposure Log
The City maintains an exposure log system.
H. Grievance Procedure
Except as described herein, unit employees are covered by the grievance
procedure contained in the Employee Policy Manual. However, the parties
agree that Step 1 of the manual shall be deemed to define either a Captain
or Battalion Chief as the “immediate supervisor,” Step 2 of the grievance
procedure shall be presided over the Fire Chief, and Step 3 of the grievance
Exhibit A
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38 NBFA MOU 2015-2018
procedure shall be the City Manager. The City Manager shall render the final
and binding grievance determination.
I. 48/96 Schedule
The Fire Department currently operates with a 48/96 schedule. A City
proposal to modify this schedule shall be subject to meet and confer.
J. Consecutive Shifts
Effective concurrent with this 2015-18 MOU, unit members shall be limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hour shift. A fifth consecutive shift
may be permitted with Battalion Chief approval based upon operational
needs.
K. Paramedic Program
Effective September 2015, the Newport Beach Fire Department, along with
Huntington Beach and Fountain Valley Fire Departments, are participating in
a State Community Paramedicine Pilot Study. This portion of the study
utilizes specially trained community paramedics to triage and transport
patients to alternate destinations. A patient of low acuity status that meets
the pre-determined criteria would be transported to an alternative destination
such as an urgent care clinic.
The goals and objectives of this pilot study test the feasibility to relieve
overcrowding of emergency departments and improving patient care and
efficiency by transporting patients to appropriate destinations.
At the conclusion of the study, should the results indicate a change in
staffing, both parties agree to meet and confer in good faith on any changes
that may affect unit members, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
In addition, effective January 1, 2018, the parties agree to reopen the MOU
to meet and confer on City proposals regarding alternative staffing models for
Paramedics and related matters, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
Signatures are on the next page.
Exhibit A
5-45
Exhibit A
5-46
Effective July 1, 2015 (2.75% adjustment)Min Max Min Max
Fire Captain 112 Hrs $27.48 $38.66 $6,668 $9,381
Fire Captain + 7.5% (80 hrs)$41.34 $58.17
$7,166 $10,083
Fire Engineer 112 Hrs $23.41 $32.93
$5,681 $7,991
Fire Facilities Coordinator $27.29 $38.38
$4,730 $6,653
Fire Paramedic 112 Hrs $25.50 $35.85
$6,188 $8,700
Fire Paramedic 80 Hrs $35.69 $50.17
$6,186 $8,696
Firefighter 112 Hrs $20.83 $29.28
$5,055 $7,105
Firefighter 80 Hrs $29.16 $40.99
$5,054 $7,105
Life Safety Specialist I $31.22 $43.88
$5,411 $7,606
Life Safety Specialist II $34.35 $48.34
$5,954 $8,379
Life Safety Specialist III $37.77 $53.15
$6,547 $9,213
Effective January 1, 2016 (2.75% adjustment)Min Max Min Max
Fire Captain 112 Hrs $28.24 $39.72 $6,852 $9,639
Fire Captain + 7.5% (80 hrs)$42.48 $59.77 $7,363 $10,360
Fire Engineer 112 Hrs $24.05 $33.84 $5,837 $8,211
Fire Facilities Coordinator $28.04 $39.44 $4,860 $6,835
Fire Paramedic 112 Hrs $26.20 $36.84 $6,358 $8,939
Fire Paramedic 80 Hrs $36.67 $51.55 $6,356 $8,935
Firefighter 112 Hrs $21.40 $30.09 $5,194 $7,301
Firefighter 80 Hrs $29.96 $42.12 $5,193 $7,300
Life Safety Specialist I $32.08 $45.09 $5,560 $7,815
Life Safety Specialist II $35.29 $49.67 $6,118 $8,609
Life Safety Specialist III $38.81 $54.61 $6,727 $9,466
2015 - 2018
Hourly Pay Rate Monthly Pay Rate
Exhibit A
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
Hourly Pay Rate Monthly Pay Rate
40
Exhibit A
5-47
2015 - 2018
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
Effective January 1, 2017 (2.75% adjustment)Min Max Min Max
Fire Captain 112 Hrs $29.01 $40.82 $7,040 $9,905
Fire Captain + 7.5% (80 hrs) $43.64 $61.41 $7,565 $10,645
Fire Engineer 112 Hrs $24.72 $34.77 $5,998 $8,437
Fire Facilities Coordinator $28.81 $40.52 $4,994 $7,023
Fire Paramedic 112 Hrs $26.92 $37.85 $6,533 $9,185
Fire Paramedic 80 Hrs $37.68 $52.97 $6,531 $9,181
Firefighter 112 Hrs $21.99 $30.91 $5,337 $7,501
Firefighter 80 Hrs $30.79 $43.28 $5,336 $7,501
Life Safety Specialist I $32.96 $46.33 $5,713 $8,030
Life Safety Specialist II $36.27 $51.04 $6,286 $8,846
Life Safety Specialist III $39.88 $56.11 $6,912 $9,726
Effective January 1, 2018 (2.75% adjustment)Min Max Min Max
Fire Captain 112 Hrs $29.81 $41.94 $7,234 $10,177
Fire Captain + 7.5% (80 hrs)$44.85 $63.10 $7,773 $10,938
Fire Engineer 112 Hrs $25.39 $35.72 $6,163 $8,669
Fire Facilities Coordinator $29.60 $41.63 $5,131 $7,217
Fire Paramedic 112 Hrs $27.66 $38.89 $6,713 $9,437
Fire Paramedic 80 Hrs $38.72 $54.42 $6,711 $9,433
Firefighter 112 Hrs $22.60 $31.76 $5,483 $7,708
Firefighter 80 Hrs $31.63 $44.47 $5,483 $7,707
Life Safety Specialist I $33.87 $47.60 $5,870 $8,251
Life Safety Specialist II $37.26 $52.44 $6,459 $9,089
Life Safety Specialist III $40.97 $57.66 $7,102 $9,994
41
Hourly Pay Rate Monthly Pay Rate
Hourly Pay Rate Monthly Pay Rate
Exhibit A
5-48
5-49
RESOLUTION NO. 2016- ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT TO
MODIFY THE PAYING AND REPORTING OF THE VALUE OF THE
EMPLOYER PAID MEMBER CONTRIBUTION TO THE CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM (CALPERS) FOR CERTAIN
MISCELLANEOUS EMPLOYEES REPRESENTED BY THE NEWPORT
BEACH FIREFIGHTERS ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach previously
adopted Resolution No. 2012-36 to pay and report 2.42% of the value of the
Employer Paid Member Contribution (EPMC) to CalPERS for Miscellaneous
employees represented by the Newport Beach Firefighters Association (NBFA)
who are in the 2.5%@55 formula, otherwise known as “Tier I”; and
WHEREAS, the City Council of the City of Newport Beach has the
authority to implement Government Code Section 20636(c)(4) pursuant to
Section 20691 to report the value of the Employer Paid Member Contribution if
provided for in a labor agreement; and
WHEREAS, the City Council of the City of Newport Beach and the
Newport Beach Firefighters Association have a written agreement which
specifically provides a portion of the normal member contribution to be paid by
the employer and reported as additional compensation; and
WHEREAS, one of the steps in the procedures to implement Section
20691 is the adoption by the City Council of the City of Newport Beach of a
resolution to modify the paying and reporting of the EPMC; and
WHEREAS, the City Council of the City of Newport Beach has identified
the following conditions for the purpose of its election to modify paying and
reporting the value of the EPMC.
NOW, THEREFORE, the City Council of the City of Newport Beach does
RESOLVE to pay and report the value of EPMC as follows:
Section 1. This benefit shall apply to all Miscellaneous employees
represented by the Newport Beach Firefighters Association (NBFA)in the Tier I
benefit formula (2.5%@55).
Section 2. Effective January 1, 2016 this benefit shall be modified to
consist of paying zero percent (0%)of the normal contributions as EPMC for
NBFA non-safety Miscellaneous employees in the 2.5%@55 benefit formula, and
reporting the same percent (value) as compensation earnable (excluding
Government Code Section 20636(c)(4)) as additional compensation.
ATTACHMENT C
Attachment C
5-50
ADOPTED this ____ day of _________, 2016.
______________________
Diane B. Dixon
Mayor
ATTEST:
__________________________
Leilani I. Brown
City Clerk
AT
T
A
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Total
B
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Pension 2 Total
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7
7
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673,789 1,814,223 679,876 393,309 1,073,185 4,914,840 18.69%
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44,905 26,832 71,737 26,417 15,572 41,989 193,889
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23,775 14,144 37,919 14,059 8,227 22,286 102,582
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399,000 - 399,000 199,500 - 199,500 969,000
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-
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3
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3
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350,130 - 350,130 228,500 - 228,500 971,010 3.69%
-
- - - -
- - -
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1)
A
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(
1
4
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9
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9
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(
2
5
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7
4
6
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(2
5
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7
4
6
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- (357,756) (357,756) - (205,781) (205,781) (961,192) -3.66%
(
.
7
5
%
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7
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1
5
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1
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1
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(
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4
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(
2
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4
4
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(4
6
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4
8
8
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-
(
4
6
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4
8
8
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(46,488) - (46,488) (23,244) - (23,244) (139,464) -0.53%-
- - -
3)
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(2
2
3
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4
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(
2
2
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4
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(
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(
4
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9
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(
4
7
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- (470,800) (241,400) - (241,400) (1,394,600) -5.30%-
- - -
4)
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(
6
1
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6
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-
(
6
1
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9
2
6
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(134,800) - (134,800) (71,040) - (71,040) (267,766) -1.02%-
- - -
(1
5
,
0
8
5
)
(1
5
,
0
8
5
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(3
9
,
1
7
5
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(39,175)
(63,570) (63,570) (69,300) (69,300) (187,130) -0.71%-
26
,
2
9
5
,
2
6
0
66
9
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7
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2
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3
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1,712,675 1,040,370 4,532,181 17.24%
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1
6
-
1
7
)
Year 3 (FY17-18)
Ex
i
s
t
i
n
g
C
o
s
t
Projected Costs
2 R
e
p
r
e
s
e
n
t
s
o
n
l
y
t
h
e
C
i
t
y
'
s
P
E
R
S
p
e
n
s
i
o
n
c
o
s
t
s
(
F
Y
1
6
a
n
d
F
Y
1
7
r
a
t
e
i
s
6
0
.
2
%
f
o
r
s
a
f
e
t
y
a
n
d
2
3
.
9
%
f
o
r
n
o
n
-
s
a
f
e
t
y
;
p
r
o
j
e
c
t
e
d
t
o
b
e
6
0
.
9
%
a
n
d
2
4
.
7
%
i
n
F
Y
1
8
a
n
d
F
Y
1
9
)
.
D
o
e
s
n
o
t
r
e
f
l
e
c
t
e
x
i
s
t
i
n
g
c
o
n
t
r
i
b
u
t
i
o
n
s
m
a
d
e
b
y
e
m
p
l
o
y
e
e
s
t
o
w
a
r
d
p
e
n
s
i
o
n
(
9
%
f
o
r
s
a
f
e
t
y
a
n
d 10.9% for non safety)
ba
s
e
d
o
n
p
r
i
o
r
l
a
b
o
r
c
o
n
t
r
a
c
t
s
.
Costs as % of Total Comp Total
Ye
a
r
1
(
F
Y
1
5
-
1
6
)
5)
R
e
s
t
r
u
c
t
u
r
e
P
a
r
a
m
e
d
i
c
a
n
d
F
i
r
e
f
i
g
h
t
e
r
B
a
s
e
Co
m
p
e
n
s
a
t
i
o
n
f
o
r
N
e
w
H
i
r
e
s
1/26/16 5-51
ATTACHMENT E
5-52