HomeMy WebLinkAbout08 - Tentative Agreement with Newport Beach Fire Management Association (NBFMA)PaR m CITY OF
�\`S NEWPORT BEACH
cy<`o-P
City Council Staff Report
July 24, 2018
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
Barbara J. Salvini, Human Resources Director
949-644-3259, bsalvini@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director
PHONE: 949-644-3259
TITLE: Tentative Agreement with Newport Beach Fire Management
Association (NBFMA)
ABSTRACT:
The Memorandum of Understanding (MOU) between the City and the Newport Beach
Fire Management Association (NBFMA or Association) expired June 30, 2018. The
parties began negotiating the terms and conditions of a successor agreement in June
2018. After two meetings, a Tentative Agreement (Agreement) was reached on July 5,
2018. The Agreement addresses wages, benefits, and other terms and conditions of
employment for employees represented by NBFMA and were negotiated as required
under the Meyers-Milias-Brown Act, California Government Code §3500.
To promote greater transparency in the negotiations process, including the costs
associated with the labor contract, the Agreement with the NBFMA is being presented at
this time for public review and comment. The complete Agreement, which spans the time
period July 1, 2018 through June 30, 2019 will be presented for City Council consideration
at the August 14, 2018 regular meeting.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to §§15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
it will not result in a physical change to the environment, directly or indirectly; and
b) Receive and consider the Tentative Agreement between the City of Newport Beach
and the Newport Beach Fire Management Association.
FUNDING REQUIREMENTS:
There is no action required to fund the Tentative Agreement at this time. The estimated
cost of the contract with the Newport Beach Fire Management Association (NBFMA) is
provided in Attachment B.
8-1
Tentative Agreement Between the City of Newport Beach
and the Newport Beach Fire Management Association
July 24, 2018
Page 2
DISCUSSION:
The Newport Beach Fire Management Association (NBFMA or Association) is an
exclusively recognized bargaining unit and represents four (4) employees, including the
safety positions of Fire Battalion Chief 80 hours (+7.5%) and Fire Line Battalion Chief 112
hours. The City's negotiations team members were Carol Jacobs, Assistant City Manager;
Barbara J. Salvini, Human Resources Director; and Susan Giangrande, Budget Manager.
Attorney Peter Brown of Liebert, Cassidy & Whitmore provided consultative support but
did not attend the negotiations meetings. The NBFMA was represented by Brian
McDonough, President; and Justin Carr, Vice President. Attorney Rich Thomas of Wylie,
McBride, Platten & Renner provided consultative support but did not attend the
negotiations meetings. Topics discussed during negotiations included wages, benefits
and other terms and conditions of employment. Additionally, language was added to the
proposed Tentative Agreement to clarify terms associated with various CalPERS
provisions.
Salient provisions of the Tentative Agreement between the City and the NBFMA include:
• Term of 1 year, from July 1, 2018 through June 30, 2019
• Additional employer contributions to the employee's medical cafeteria allowance
o Effective January 1, 2019 — $200 per month
A proposed draft version of the Tentative Agreement between the City and Association is
included as Attachment A (revisions noted in this staff report are in this redlined version)
with costing information included as Attachment B. Because the cafeteria allowance
increases are not slated to go into effect until six months into the contract, the total cost
of the Tentative Agreement is estimated to be $4,800.
In accordance with NBFMA ratification procedures, the majority of members voted to
approve the Tentative Agreement on July 5, 2018. The Agreement will not become
effective, per Government Code §3505.1, until the governing body, i.e., City Council,
takes action to adopt it. If the City Council approves adoption of a successor MOU with
NBFMA, Human Resources staff will work to implement the provisions as soon as
practicable.
Following City Council review of the Tentative Agreement with NBFMA, a final version of
the successor MOU will be presented at the August 14, 2018 regular meeting. The costing
information and proposed revisions to the MOU will be posted for public review on the
City's website.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to §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 §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.
8-2
Tentative Agreement Between the City of Newport Beach
and the Newport Beach Fire Management Association
July 24, 2018
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Tentative Agreement and proposed MOU between the City and the
NBFMA (Redline) with Signature of NBFMA President Brian McDonough
Attachment B — Estimated Cost of Contract with NBFMA
8-3
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
The Newport Beach Fire Management Association ("NBFMA" or
"Association"), 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.
- �,.
4 This MOU, upon approval by NBFMA 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 NBFMA 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 NBFMA.
Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
NBFIVA `il0U 201 -- 2T -1k
RIM
4 This MOU, upon approval by NBFMA 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 NBFMA 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 NBFMA.
Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
NBFIVA `il0U 201 -- 2T -1k
RIM
considered effective as of July 1, 2018. This MOU shall remain in full force
and effect through June 30, 204319, -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 provisionst^Yw,s and GE)Rdi+;^rG 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. C. Scone
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.
The parties agree to meet and confer changes to department SOP, rule, or
regulation if such proposed change materially impacts any matter within the
scope of representation.
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-.
D. D. Bulletin Boards
Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
boards by the NBFMA shall indicate that the NBFMA posted it he Ramo of
the erga;;zat;eR 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 any protected class
under the /awfaGe, genderethnTcifiy, relig;e;,age, sexual orientation-, or
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2 NBFMA MOU 20184 — 20--4-819
8-5
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
any protected class under the law Pace,, geRde , ethRiGitreti�,a
sexual ernentat,OR_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.
E. F. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be compelled
to meet and confer concerning any issue within the scope of representation except
as expressly provided herein or by mutual agreement of the parties. No
representative of either party has the authority to make, and none of the parties
shall be bound by, any statement, representation or agreement reached prior to
the execution of this MOU and not set forth herein.
F. P. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives of
the parties.
G. 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 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 NBFMA 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.
H. H. 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.
3 NBFMA MOU 20184 - 20--4-819
efinitions
For the purposes of this MOU these terms shall have the following meanings:
The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned
to work a 40 -hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work
an average 56 -hour workweek in 24 -hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
SECTION 2. - COMPENSATION
A. Sal
uaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9.5% salary differential between the top step of Fire Captain and the bottom
step of the Fire Battalion Chief. Adjustments to the salary of Battalion Chief
shall be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary differentials listed
in Exhibit A.
2. Salary Adjustments — this MOU Period
Base salary ORGreases for all NBFIVIA represeRted GlassifiGations shall be as
follows and as spenified in Exhibit A:There shall be no cost of living
adjustments to base salary during the term of this agreement.
4 NBFMA MOU 201,q4 - 20-81"
8-7
r � •
r
B. B. Overtime - Hours Worked
1. The City and Association agree that all unit classifications are properly
exempted from the overtime provisions of the Fair Labor Standards Act.
However, NBFMA members may be required to work additional floor shifts
in excess of their regular work schedule. EffeGtiVe jW1Y 1, 2016-, eOff-duty
employees in the Battalion Chief classification who are assigned by the Fire
Chief or designee to additional fire suppression work shift for an emergency
assignment, or to replace another Battalion Chief who is on an approved
leave, will receive overtime pay equal to one -and -one-half times' the
employees base rate of pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered
hours worked for the purpose of determining overtime eligibility. Regular
staff meetings or other assignments will not be eligible for overtime at the
11/2 rate and shifts exchanges between two Battalion Chiefs do not qualify
for overtime compensation.
2. Strike Team Actions. In the event that a Unit employee is assigned to
provide fire suppression services as part of a regional, state, or federal
strike team organized by State or Federal officials and when all of the below
Conditions exist, that Unit employee shall be paid at the time and one-half
(1T'/2) 56 -hour rate. The Conditions are:
• The Unit employee is working overtime -ho ;rsoutside of his or her
regularly scheduled hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight
(8) hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime members may elect to accrue
compensatory time off. Staff personnel may accrue a maximum of 120
hours. Line personnel may accrue a maximum of 196 hours. Peel
must use all aGGr'led GOMpensatery time by time—of retirement. The
5 NBFMA MOU 20184 — 20--1-819
-M
provisions for accrual and use of compensatory time shall be provided in
Fire Department Standard Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
C. C. Required Uniform
City shall pay the entire cost of providing NBFMA member with each
component of the required NBFD uniform. The required NBFD uniform includes
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and
liner, belts, sweatshirt, and turnout safety clothing. City shall not be responsible
for providing employee with socks, underwear, cap or workout shoes, or other
clothing.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(Ca1PERS) the uniform allowance for each sworn classification as special
compensation in accordance with Title 2, California Code of Regulation,
Section 571(a)(5). Notwithstanding the previous sentence, for "new members"
as defined by the Public Employees' Pension Reform Act of 2013, the uniform
allowance will not be reported as pensionable compensation to Ca/PERS As
peFm+ssible by a Specifically, the City shall report as pensionable
compensation the value of provided uniforms at $1,519 annually ($58.42 per
pay period) 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.
D. -. Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when
eligible and scholastic/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 NBFMA member to apply for
Scholastic/Certificate Achievement Pay. Approval of the member's application
shall not be unreasonably withheld or delayed, and the member shall not be
entitled to receive scholastic/certificate achievement pay prior to the date the
application is approved even though the member may have been eligible prior
to approval. Scholastic/Certificate achievement pay is contingent upon years
of service and number of units and/or degrees received by the employee.
6 NBFMA MOU 20184 - 20--4-819
MM
NBFMA member shall receive scholastic achievement pay for degrees
awarded by accredited community colleges, state colleges, or universities in
accordance with the following:
1. 1. Scholastic Achievement
Degree — Scholastic Pay %
—AA/AS 3.5%
BA/BS — 5.5%
2. `'. Certificate Pay
Coursework Compensation
Geum we*
Gernpensatien
Certified Chief Fire Officer
Strike Team Leader *
* EffectiiV; '� 20 16
3.0%
$100 per month
The parties agree that to the extent permitted by law, the Scholastic
Achievement pay in this section is special compensation and shall be reported
to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(2) Educational
Incentive Pay.
F Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month (paid eaeh$69.23 per pay period) 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.
The parties agree that to the extent permitted by law, the Bilingual pay in this
section is special compensation and shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
7 NBFMA MOU 20184 - 20 1819
8-10
F. F. Court Standby Pay
NBFMA members who, pursuant to sSubpoena compelling attendance to
testify to acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off-duty,
to remain within a certain response time from court, shall be considered to be
on "court standby time" and shall receive four hours of pay for each eight hours
of court standby time. NBFMA members shall, when required to appear in court
pursuant to a sSubpoena 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.
G. G. Comaaction Adiustment
Effective July 1, 2017, the Battalion Chief salary range wX bewas adjusted by
3.0% to address compaction between Fire Captain and Battalion Chief.
SECTION 3. LEAVES
^ Flex Leave
I NBFMA members shall accrue flex leave as follows. It is Y, utua4y
understood t aGGr� al rates have been modified to provide fer the
urra�.�-o-cvvc� rr-a-ai--ra gra-v��.cri--n-rvairrcc�
- i 22�-
8 NBFMA MOU 201 .4 - 20--l-819
8-11
12 but less thaR 16 12.54 8.95 0.00%
16 but less thaR 20 12.54 8.9-5 1.5%
20 but less than 25 i '
4225 and ever i 8.95 3.50%
Years
of Continuous
Service
LINE EMPLOYEES
STAFF EMPLOYEES
Accrual
Hours/Pay Period
Maximum Accrual
Accrual
Hours/Pay Period
Maximum Accrual
Less than 5
9.77
508.04
6.97
362.44
5 but less than 9
10.69
555.88
7.63
396.76
9 but less than 12
11.62
604.24
8.33
433.16
12 and over
12.54
652.08
8.95
465.40
1. The Flex leave program shall be administered as follows:
a. a -Newly hired NBFMA members shall not accrue flex leave until
continuously employed by the Newport Beach Fire Department for a
period of three (3) months provided, however, if a member en -in the
flex leave program becomes sick during the first three months of
employment, the City will advance up to three (3) months of accrual
for line employees (63.50 hours) /staff employees (45.30 hours) 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. Newly hired NBFMA members smembers shall accrue three (3)
months of flex leave [line employees (63.50 hours) /staff employees
(45.30 hours)]—immediately upon completing three (3) months
continuous employment with the Newport Beach Fire Department,
provided however, this amount shall be reduced by any flex leave
time advanced during the first three months of employment.
I
tib?t�Re eps be weekly ae^r6gal rate. Earned flex leave in
excess of the maximum permitted will be paid bi-weekly at the
member's hourly rate of pay ("Spillover Pay"). NBFIVIn members
may, at yt' e, elent to reneiye pay (at the member's normal hourly
Fate) fer all eG ,Gr{-1ed flex leave R eX ,eGG of 72 hei irsf�eor _a!inTo
employees and -40 hours for staffernpteyees. H^,��rNBFMA
9 NBFMA MOU 20184 — 20 18, -
8-12
members may not elect to buy down accrued Flex Leave below the
current threshold for payment (52 tomes the member's bi weekly
aGGru al rate) unless, during the twelve months preceding the
election, the member has taken at least ninety-six (96) hours of paid
leave if a line employee and eighty (80) hours of paid leave if a staff
employee.
Employees shall have the option of converting accrued Flex Leave
to cash on an hour for hour basis subject to the following: On or
before the pay period which includes December 15 of each calendar
year, an employee may make an irrevocable election to cash out
accrued flex leave which will be earned in the following calendar
year. The employee can elect to receive the cash out in the pay
period which includes June 30 and the pay period which includes
December 15 for those Flex Leave benefits that have been earned
during that portion of the year. In no event shall the flex leave
balance be reduced below what each employee can accrue for fifty-
two pay periods. On or before December 31, 2018, each employee
shall have the one-time option of cashing out all or a portion of Flex
Leave benefits credited to his/her account as of that date. However,
in no event shall the flex leave balance be reduced below what each
employee can accrue for fifty-two pay periods.
d. 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. e_ -Members shall be paid for all accrued flex leave at their th8R
current hourly rate of pay upon termination of employment
F81atiGRShip
PrP'
Concurrent with the July 1, 2017, 3% compaction salary range
adjustment as stated in Section 2, G, the Longevity Pay incentive
program in Section 3, A, 1 wig bewas eliminated for all members.
10 NBFMA MOU 20184 - 20 1819
8-13
1,10M,111140
�e!IP.Ai��flL�l
MITI.
d. 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. e_ -Members shall be paid for all accrued flex leave at their th8R
current hourly rate of pay upon termination of employment
F81atiGRShip
PrP'
Concurrent with the July 1, 2017, 3% compaction salary range
adjustment as stated in Section 2, G, the Longevity Pay incentive
program in Section 3, A, 1 wig bewas eliminated for all members.
10 NBFMA MOU 20184 - 20 1819
8-13
lidav Time
a
The provisions of this subsection shall apply to all NBFMA members on a
pro -rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are staff
employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSa"'e`. Holiday pay shall be paid bi-weekly with the regular check.
The parties agree, to the extent permitted by law, the compensation in this
section is special compensation for those employees who are normally
required to work on an approved holiday because they work in positions
that require scheduled staffing without regard to holidays and shall be
reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay.
''. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex leave bank.
C. D. Bereavement Leave =
11 NBFMA MOU 20184 — 20-1-819
8-14
3511115111111111
lidav Time
a
The provisions of this subsection shall apply to all NBFMA members on a
pro -rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are staff
employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSa"'e`. Holiday pay shall be paid bi-weekly with the regular check.
The parties agree, to the extent permitted by law, the compensation in this
section is special compensation for those employees who are normally
required to work on an approved holiday because they work in positions
that require scheduled staffing without regard to holidays and shall be
reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay.
''. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex leave bank.
C. D. Bereavement Leave =
11 NBFMA MOU 20184 — 20-1-819
8-14
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular er probationary appointment because of a death or
terminal illness in his/her immediate family." Staff employees shall be entitled to
five (5) werkiRg day -&-forty (40) hours of Bereavement Leave per event while Line
Employees shall be entitled to ninety (90) hours of Bereavement Leave per event
(terminal illness followed by death is considered one event). Leave hours need
not be used consecutively, but should occur in proximate time to the occurrence
but no more than 90 days from the date of the death of the family member.
Exeptions to the 90 day requirement may be made at the sole discretion of the Fire
Chief. Bereavement leave shall be administered in accordance with the provisions
of the Employee Policy Manual. For the purpose of this section immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
wife, husband, registered domestic partner, child, stepchild, or grandparent, and
the employee's spouse/domestic partner's mother, father, brother, sister, child or
grandparent. The provisions of this CcGtion shall not diminishor any rights
a membeF may have pursuant to applricahle f State er Federal . An
employee requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
D. E. Jury D
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 --hour shift during which the member is required to
attend court and sit on a jury or await assignment.
E. F. Family Sick Leave
Unit employees shall be entitled to use one half (112) of their anRual leave aGGrual
. G. Worker's' Compensation Leave
Any Safety nlQemployee 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.
G. H. Reassignment
12 NBFMA MOU 20184 — 20--4-819
8-15
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex Leave,
Bereavement Leave and other benefits from the position previously held to the
newly assigned position provided. The ratio for conversion of staff employee
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
i. A. Medical Insurance
1. 1.. Benefits Information Committee
The City has established a Benefits Information Committee (BIC) composed
of one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and coverage
options, the cost of those options, appropriate coverage levels and other
health programs. The purpose of the BIC is to provide each employee
assocfatio group with information about health insurance/programs and to
receive timely input from associations regarding preferred coverage options
and levels of coverage.
ity Contribution
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
NBFMA will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as taxable
cash back. Employees shall be allowed to change coverages in accordance
with plan rules and during regular open enrollment periods.
Effective the pay issue that includes:
...4 . . ..
- - - - - - - ..,��,..M.........
13 NBFMA MOU 201 -4 - 20--1-8
8-16
. . . . . . . . . .
Effective the pay issue that includes:
...4 . . ..
- - - - - - - ..,��,..M.........
13 NBFMA MOU 201 -4 - 20--1-8
8-16
January 1, 2017 , the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,62-4824.00 (plus the minimum CalPERS
participating employee's contribution).
�,.
Unit members who do not enroll in any health care plan offered by the City
must provide proof of minimum essential coverage ("MEC') through another
source (other than coverage in the individual market, whether or not obtained
through Covered California) eyideRGe of health Gare incl iraRGe GOVerage and
execute an opt out agreement releasing the City from any responsibility or
liability to provide health care insurance coverage, on an annual basis.
Employees electing to opt out of medical coverage offered by the City because
they have provided proof of minimum essential coverage ("MEC') through
another source (other than coverage in the individual market, whether or not
obtained through Covered California) will receive a maximum cafeteria
allowance of $1,000.00 per month.
3
ental 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.
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.
B. S. Additional Health Insurance/Programs
14 NBFMA MOU 20184 — 20-1-819
8-17
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.
`'. 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
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting period
has been exhausted.
GORG61; r Rt with the nemmennemeRt of this pre`vra Employees have a
the aMO int of one (1.0%) percent reduction for the cost of this benefit from
of base salary. SirnultaReeusly, the City ORGreased hose wages by vn@
(1.0%) Pernent
3. Life Insurance
The City shall provide life insurance for all reg4ar--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. Employees may also purchase
supplemental life insurance at their own cost.
15 NBFMA MOU 20184 — 20 1819
8-18
mployee Assistance Program
City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and
their family members may access the EAP subject to provider guidelines.
C. G. Retirement Benefits
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 Employees hired by the City on or before November 23,
2012, the retirement formula shall be 3%@50, calculated on the basis of
the highest consecutive 12 month period selected by the employee.
Tier I I��"rr v;a�sic' For classic member (as defined in the Public Employees'
Pension Reform Act) €employees first hired by the City between on or after
November 24and oeeember-31, 2012, ^r hirer! ren er a#er loris nor„ 'I 201 Q
�„Tr�i Q--QTT-�TCfT� VlV
and who are not new members as defined in Government Code Section
7522.04(f), the retirement formula is shall be 2%@50.; GaIGUlated OR the
hoc � highest GenseGUtive 36 mment rpercrr d sereGteed by the employee.
For these same employees, final compensation will be based on the highest
annual average compensation earnable during the three consecutive years
of employment immediately preceding the effective date of his or her
retirement or any other three consecutive year period chosen by the
employee as set forth in Government Code section 20037.
Tier III ("PEPRA"): Employees first hired by the City on or after January 1, 2013,
who are new members as defined in the Public Employees' Pension Reform
Act)„ the retirement formula shall be 2.7%@57 provided for by the Public
Employees' Retirement Law at Government Code section 7522.25(d).
I later! en the basis of higheSt n� +iye 36 mere+h eeried selen+ed by
EaT�rcrc t�rtgn�.rrC�rrre� crr�cTrvcrvcrccc��p
the empleyee
For these same employees, final compensation will be based on the highest
annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement
16 NBFMA MOU 20184 — 20 1819
8-19
or any other three consecutive year period chosen by the employee as set forth
in Government Code section 7522.32(a).
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.
Tiers I and 11:
€f#eEtiVe IaRWar„ 1, 2018, Tier I and II members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional 3-.G% of pensionable compensation of the Employer rate,
for a total contribution of 12-.0%.
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. F^�95 196 and Fv1 6 17, the member
17 NBFMA MOU 20184 — 20--1-8
8-20
lip
a
MM
I I IN
I I NOW
B-2
III ANOM
"I
"'Ofl-,'"
felc C L,
€f#eEtiVe IaRWar„ 1, 2018, Tier I and II members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional 3-.G% of pensionable compensation of the Employer rate,
for a total contribution of 12-.0%.
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. F^�95 196 and Fv1 6 17, the member
17 NBFMA MOU 20184 — 20--1-8
8-20
Gentributien is 11.25% and
10.5% ef pensienable
•-_
EffeGtive the pay period that OnGludes
january 1, 2017,
Tier 111 members
will
Effect'Ve the pay peFied that iRGIudes januaFy 1zn18,Tier III members will
contribute the full statutory member contribution, plus, if the statutory
amount is below 12-.0% an additional percentage of pensionable
compensation of the Employer rate to achieve a total contribution of 12-.9%.
If the member contribution for Tier 111 members is above 12-.0%, they will not
need to contribute any additional amount towards the Employer rate.
3. —The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
4. To the extent allowed by PERS, the IRS and other applicable regulatory
agencies and laws, unit members who shall be enrolled in the 2% @ 50
retirement formula or 2.7% @ 57 formula, shall be eligible to participate in
a defined contribution plan to be administered by the City or its designee in
accord with said regulatory agency regulations and laws. The defined
contribution plan shall be funded by allowing each affected employee to
contribute a percentage of base salary each payroll period. The City shall
match any such employee contributions up to a maximum of 1.5% of base
salary. 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.
D. D. Retiree Medical Benefit
1. 4—Background
18 NBFMA MOU 20184 - 20--4-819
8-21
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.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS",
formerly the MERP plan):
a. 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 expenses 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.
19 NBFMA MOU 20184 - 20--4-819
8-22
Part B contributions (employer contributions): $2.50 per month for each year
of service plus year of age (updated every January 1 st based on status as of
December 31 st 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
The participation level should be specified as a percentage of the leave
balance on hand in each employee's leave bank at the time of separation
from the City.
For example, if the Association wishes to specify 50% of the leave balance
as the participation level, then each member leaving the City, or cashing out
leave at any other time, would have the cash equivalent of 50% of the amount
that is cashed out added to the RHS, on a pre-tax basis. The remaining 50%
would be paid in cash as taxable income. Individual employees would not
have the option to deviate from this breakout.
The Association has decided to participate in Part C 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 evnept that
Safety members and NOR safety members within aR AsseniatiGR mei hoie
doffereRt levels. Additionally, the purpose and focus of these changes should
be toward long-term, trend type adjustments. Due to IRS restrictions
regarding "constructive receipt," the City will impose restrictions against
frequent spikes or drops that appear to be tailored toward satisfying the
desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C
contributions.
Nothing in this section restricts taking leave for time off purposes
20 NBFMA MOU 20184 — 20 1819
8-23
Dalinxi 11
MINIM,
...
_ ��
•IF11"
"�
r
.J'*
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 (i.e. five years at
full time status). At that time, the City will credit the first five years' worth of
Part B contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part C
deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is zero.
This right is triggered upon separation. If an employee leaves the City prior
to five years employment, only the Part A contributions and Part C leave
settlement contributions, if any, will be in the RHS Employee Account. Such
an employee will not be entitled to any Part B contributions. The exception
to this is a full-time employee, participating in the program, who leaves the
City due to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of Part B
contributions, using the employee's age and compensation at the time of
separation for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as 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
21 NBFMA MOU 20184 — 20--1-819
8-24
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 i.e., the CaIPERS statutory minimum amount) 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.
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 $4,8000 per
22 NBFMA MOU 20184 - 20--1-819
8-25
year, accruing at the rate of $4004)0 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.
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
-No
Z...
- -
MI.
t...
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
E. F. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal
year.
1. 1.. College Courses
23 NBFMA MOU 20184 — 20--4-819
8-26
-No
rglqp.
- -
MI.
E. F. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal
year.
1. 1.. College Courses
23 NBFMA MOU 20184 — 20--4-819
8-26
NBFMA members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred percent
(100°/x) of the actual cost of tuition, books, fees or other student expenses for
approved job—related courses. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a grade
of "C" or better for undergraduate courses and a grade of "B" or better for
graduate courses. All claims for tuition reimbursement require the approval of
the Human Resources Director.
2. `'. Non -College Courses
NBFMA 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.
Job-related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, 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 Chief before submittal to Human
Resources.
F=. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
G. G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on an
"as needed" basis. NBFMA members shall wear City provided workout apparel
when working out on duty.
SECTION 5. -MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
24 NBFMA MOU 20184 - 20---819
8-27
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
Definitions
a. "Layoffs" or "Laid off" shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted regular^e,1 status, subject to the
following:
Credit shall be given only for continuous service (as described
in the next paragraph) subsequent to the most recent
appointment to regularne;t status in the Classification
or Series;
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 any Classification,
seniority shall mean the time an employee has worked within
any Series.
C. "Classification" shall mean one full time position identical or similar
in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary
positions. Classifications within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
d. In this bargaining unit, there is one "Series" made up of the two
classifications represented by the Association — Fire Battalion Chief,
80 hours (+7.5%) and Fire Line Battalion Chief 112 hours. shalvrrc+ll- ;eaR
two or more ssifiGatiens within a Department whi h Fowl sire the
lTf TTpITJQe�ArCTITGTI�PYITf Tcc�urrc-crrc
nerfermanne of similar duties with the higher ranking Glassifinatien/s\
GharaGterized by the needed firer- IlessisypeNisien by si periers0 mere
25 NBFMA MOU 20184 — 20 1819
8-28
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 re-
certified as an EMT or 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.
`'. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
ab. Employees within a Classification shall be laid off in inverse order of
seniority;
be. 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.
cd. 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.
Notice
26 NBFMA MOU 20184 - 20--4-819
8-29
Employees subject to lay-off shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave
(if any).
and anni imp dated Sink leave to the extent permitted by law, the provisions of this
•e �
Memorandum of
e
4. 4. Re -Employment
Regular Permanent and prebatiGRaFy employees who are laid off shall be
placed on a Department re-employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re-employment list shall
remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee
occupied at the time of layoff, or a lower ranking Classification within a
Series, the employee at the top of the Department re-employment list shall
have the right to appointment to the position, provided, he or she reports to
work within seven (7) days of written notice of appointment. Notice shall be
deemed given when personally delivered to the employee or deposited in
the U.S. Mail, certified, return receipt requested, and addressed to the
employee at his or her past 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. 5. Demotion
Regular P-eFmapept and prebatiGRaFy employees who are demoted
because of reduced staffing levels shall be placed on a Department
promotional list in reverse order of demotion. This promotional list shall
remain in effect until exhausted by removal of all names on the list.
6. 6. Severance Pay
Regular 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. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression
battalion chief position in the absence of available battalion chiefs.
C. C. Staff Assignment Schedule
27 NBFMA MOU 20184 - 20--4-819
8-30
NBFMA members assigned to staff positions shall have the option to work a 5/40,
4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually agree to
the schedule selected prior to it becoming effective. The Fire Chief retains the right
to assign the staff member to a different schedule, or deny the member's request
for a change of schedule, if the Fire Chief determines that the member is not able
to perform their job duties or the operational needs of the department are not being
met. Employees will be given 2 weeks' notice if the Fire Chief determines a change
in schedule is needed in order to minimize disruption of the member's
personal/professional obligations. In addition, occasionally and at the discretion
and approval of the Fire Chief, unit employees (who are all FLSA exempt) €LSA
exempt empleyees working a 4/10 or 9/80 schedule may adjust their regularly
scheduled day off if such change does not disrupt departmental operations.
D. D. Consecutive Shifts
Effontoye nnnnurrent with this 2014-18 MOU '"'"'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-fihAdditional -consecutive shifts may be
permitted with Fire Chief or designee approval, based upon eperat+ena4
needsexigent circumstances.
Signatures on the following page
28 NBFMA MOU 20184 - 20--4-819
8-31
Executed this _ day of daauary, 20186.
FOR THE `NEWPORT BEACH RE MANAGEME , ASSOCIATION:
By: rU�t i y, 2,ezz
Jeff-€eyaes.Brian McWnough, 91esident
By:
8fiarrMG9eaea0ustin Carr, Vice -President
FOR THE CITY OF NEWPORT BEACH:
ATTEST:
By:
By:
Duffy Duffield Diane•-li�,Oi , Mayor
APPROVED AS TO FORM
Pcfcr I PmWn
Leilani Brown, City Clerk
APRROV€B AS -TO -FORM:
Aafef�#afl)TS+ty
x NBFMA MOU 20184 — 20=481 9
8-32
FYhihit A
Newport Beach Fire Management Association
Classifications and Pay Rates
MOU Term: July 1, 2018 - June 30, 2019
Effective January 1, 2018 (2.75% adjustment)
Fire Battalion Chief 80 Hrs (+7.5%)
Fire Line Battalion Chief 112 Hrs
Hourly Pay Rate
Min Max
$71.29 $86.67
$47.37 $57.58
Monthly Pay Rate
Min Max
$12,358 $15,022
$11,495 $13,972
8-33
ATTACHMENT B
NBFMA Negotiations - Contract Term 7/1/18 through 6/30/19
No COLA, Cafeteria Increase of $200 Jan 2019
sg, 6/25/18
4 Authorized Full-time Safety Employees
FY 19
Proposed
BudEet Year 1
Base Pay 1
675,254 -
Supplemental Pay
Compensated Absences
Scholastic Pay
33,534 -
Certification Pay
20,258 -
Holiday Pay
32,824 -
Bilingual Pay
- -
Subtotal
86,615 -
Pension Contribution Z
Smartphone Allowance
Pension Normal Cost (Safety = 27.435%)
209,019 -
Pension Unfunded Actuarial Liability (Safety = 48.792%)
371,731 -
Subtotal
580,750 -
Other City Paid Benefits
MediCare (mandatory payment of 1.45%)
11,047
-
Compensated Absences
23,634
-
Cafeteria Plan
84,336
4,800
Employee Assistance Program (EAP)
83
-
Uniform Allowance (Tier 1 & 2 eligible only)
6,076
-
Smartphone Allowance
3,840
-
Life Insurance (policy based on annual base pay with cap of
420
-
Tuition Reimbursement (based on Fiscal Year 2017 actual)
4,500
-
Retiree Health Savings (Post Employment Healthcare
6,990
-
Subtotal
140,926
4,800
Offset - Employee Pick Up of PERS Pension Costs (Safety = 12%)
(92,153)
-
Subtotal
(92,153)
-
Overtime (based on Fiscal Year 2017 actual hours = 1,785.17)
157,502
-
Total
1,548,895
4,800
Salary only increase
0.00%
Total comp increase
0.31%
1 Estimate is based on Fiscal Year 2019 Projected budget.
Z All current members are PERS Tier 1/Classic.
8-34