HomeMy WebLinkAbout04 - MOU's with the Newport Beach City Employees Association and Newport Beach Professional and Technical Employees AssociatioTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 12, 2019
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
Barbara J. Salvini, Human Resources Director - 949-644-3259,
bsalvini(bnewportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director
PHONE: 949-644-3259
TITLE: Resolution No. 2019-21: Adopting a Memorandum of Understanding
with the Newport Beach City Employees Association and Resolution
No. 2019-22: Adopting a Memorandum of Understanding with the
Newport Beach Professional and Technical Employees Association
ABSTRACT:
The Tentative Agreements regarding Memoranda of Understanding ("MOUs") between
the City of Newport Beach ("City") and the Newport Beach City Employees Association
("NBCEA") and the City and the Newport Beach Professional and Technical Employees
Association ("NBPTEA") were submitted at the Regular Meeting on February 26, 2019 to
provide the City Council and the community an opportunity to consider the terms and
costs of the agreements.
The proposed MOUs are now presented for City Council's approval/adoption (or
rejection) and is the final step in the meet and confer process with the NBCEA and
NBPTEA. Included in the recommendation for approval of the MOUs is the associated
salary schedules.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2019-21, 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 City Employees Association;
c) Adopt Resolution No. 2019-22, 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 Professional and Technical Employees
Association, and
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Resolution No. 2019-21: Adopting a Memorandum of Understanding with the Newport
Beach City Employees Association and Resolution No. 2019-22: Adopting a
Memorandum of Understanding with the Newport Beach
Professional and Technical Employees Association
March 12, 2019
Page 2
d) Approve Budget Amendment No. 19BA-031 appropriating $522,562 to salary and
benefit accounts for the NBCEA and NBTEA unit members from unappropriated
General Fund surplus fund balance for the remainder of Fiscal Year (FY) 2018/19,
effective March 16, 2019 through the end of the FY.
FUNDING REQUIREMENTS:
The NBCEA and the NBPTEA successor MOUs and comprehensive cost estimates were
provided with the Tentative Agreements at the February 26, 2019 City Council regular
meeting. The fiscal impact of the NBCEA contract is estimated at $1,091,910 for the entire
three-year term of the contract. The fiscal impact of the NBPTEA contract is estimated at
$1,251,019 for the entire three-year term. Budget Amendments, in the amount of
$522,562, are recommended for the remainder of the current fiscal year, March 16, 2019
through June 30, 2019. The Budget Amendments will increase salary and benefit
appropriations from the General Fund unappropriated surplus fund balance.
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The following discussion was provided, in part, with the February 26, 2019 staff report and
is included here for reference:
The Newport Beach City Employees Association (NBCEA) and Professional and
Technical Employees Association (NBPTEA) are exclusively recognized bargaining units.
The NBCEA represents 93 budgeted, miscellaneous positions in administrative support,
finance, library services and recreational services occupations. The NBPTEA represents
79 budgeted, miscellaneous positions in engineering, planning, and information
technology occupations. Both units are affiliated with the Laborers' International Union of
North America, Local 777 (LIUNA). The NBCEA was represented by President Teri Craig
and the NBPTEA was represented by President Ryan Stadlman. During negotiations, City
staff members, NBCEA and NBPTEA members, and respective legal and business
representatives discussed topics such as wage adjustments, retirement plans, cafeteria
allowance, additional pays, overtime, additional language for payment clarification, and
other non -economic matters.
Salient provisions of the Memoranda of Understanding between the City and the NBCEA
and the NBPTEA include:
• Term of three years, from January 1, 2019 through December 31, 2021
• Wage adjustments effective the first day of the pay period that includes:
➢
March 16, 2019 —
2.0%
➢
January 1, 2020
— 2.0%
➢
January 1, 2021
— 2.0%
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Resolution No. 2019-21: Adopting a Memorandum of Understanding with the Newport
Beach City Employees Association and Resolution No. 2019-22: Adopting a
Memorandum of Understanding with the Newport Beach
Professional and Technical Employees Association
March 12, 2019
Page 3
• A one-time, Lump Sum Payment of $2,700 for each employee, which
will not be reported to CalPERS as compensation earned/pensionable
compensation
• LIUNA supplemental pension plan
Unit members will pick up total cost of plan participation
• Revisions to the Cafeteria Plan for new employees
• Restructuring of contract overtime
• Revisions to leave cash outs
• Revisions to the grievance procedure
On February 8, 2019, the City was notified that in accordance with the NBCEA and the
NBPTEA ratification procedures, the majority of members voted to approve the
Tentative Agreements. The Agreements will not become effective, per Government Code
§3505.1, until the governing body, i.e., City Council, takes action to adopt them. If the City
Council approves adoption of the MOUs with the NBCEA and the NBPTEA, Human
Resources and Payroll staff will work to implement the provisions as soon as practicable.
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.
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).
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Resolution No. 2019-21: Adopting a Memorandum of Understanding with the Newport
Beach City Employees Association and Resolution No. 2019-22: Adopting a
Memorandum of Understanding with the Newport Beach
Professional and Technical Employees Association
March 12, 2019
Page 4
ATTACHMENTS:
Attachment A —
Resolution No. 2019-21: Adopting an MOU with the NBCEA
Attachment B —
Exhibit A to Attachment A (NBCEA MOU)
Attachment C —
Estimated Cost of 3 -Year Contract with the NBCEA
Attachment D —
Budget Amendment
Attachment E —
Resolution No. 2019-22: Adopting an MOU with the NBPTEA
Attachment F —
Exhibit A to Attachment E (NBPTEA MOU)
Attachment G —
Estimated Cost of 3 -Year Contract with the NBPTEA
ATTACHMENT A
RESOLUTION NO. 2019-21
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 CITY EMPLOYEES ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach ("City Council")
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, of seq.;
WHEREAS, the City of Newport Beach ("City") supports effective communication
and collaborative working relationships with its employee associations to promote
improved relations while balancing good management practices;
WHEREAS, the City previously entered into a memorandum of understanding with
the Newport Beach City Employees Association ("NBCEA"), a recognized employee
organization, for the term of July 1, 2015 through December 31, 2018 ("2015 MOU");
WHEREAS, in accordance with Section 1(13)(1) of the 2015 MOU, its provisions
remain in full force and effect after its expiration while the City and the NBCEA meet and
confer on a successor memorandum of understanding;
WHEREAS, representatives from the City and the NBCEA met and conferred in
good faith and reached a tentative agreement on wages, benefits, and other terms and
conditions of employment ("Tentative Agreement"), which are memorialized in the
Memorandum of Understanding between the City and the NBCEA ("Memorandum of
Understanding") attached hereto as Exhibit A and incorporated herein by this reference;
WHEREAS, the City was notified on February 8, 2019 that the NBCEA had ratified
said Tentative Agreement;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each position;
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Resolution No. 2019 -
Page 2 of 3
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for the NBCEA unit members provided in this resolution and recommends approval;
WHEREAS, the City Council received and considered the Tentative Agreement at
its regular meeting on February 26, 2019;
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on March 12, 2019;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for employees represented by the NBCEA so as to be in conformance
with the Memorandum of Understanding; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2015 MOU by adopting the Memorandum of Understanding attached hereto as Exhibit
A to serve as the successor agreement between the City and the NBCEA for the period
of January 1, 2019 through December 31, 2021.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits and other terms and conditions of employment for employees
represented by the NBCEA shall be provided in accordance with the provisions of the
Memorandum of Understanding, which shall serve as the successor agreement between
the City and the NBCEA for the period of January 1, 2019 through December 31, 2021.
Section 2: The City's Salary Schedule shall be modified to be consistent with this
resolution.
Section 3: The Memorandum of Understanding shall supersede in all respects
any and all terms and provisions of all prior memoranda of understanding between City
and employees represented by the NBCEA, except to the extent that any term or provision
of this Memorandum of Understanding expressly provides otherwise.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2019 -
Page 3 of 3
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,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or 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 12th day of March, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A "L,__ C
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Memorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
CITY EMPLOYEES ASSOCIATION
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January 1, 2019 through December 31, 2021
FULL DOCUMENT ATTACHED TO STAFF REPORT
AS ATTACHMENT B
ATTACHMENT B
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
CITY EMPLOYEES ASSOCIATION
January 1, 2019 through December 31, 2021
I •
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
January 1, 2019 — December 31, 2021
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition..................................................................................................................... 1
Term............................................................................................................................... 1
ReleaseTime.................................................................................................................. 2
Scope.............................................................................................................................. 2
Employee Data and Access............................................................................................ 3
Conclusiveness..............................................................................................................4
Modifications................................................................................................................... 4
AssociationDues............................................................................................................. 4
Section 2. Compensation
Salary............................................................................................................................4
Overtime.......................................................................................................................... 5
StandbyDuty................................................................................................................... 6
Call -Back Duty................................................................................................................ 6
Accumulation of Compensatory Time Off........................................................................ 6
Night Shift Differential...................................................................................................... 7
Incentive Shift for Library Members................................................................................. 7
CourtTime...................................................................................................................... 7
ActingPay....................................................................................................................... 7
CertificatePay................................................................................................................. 8
Bi -lingual Pay.................................................................................................................. 8
One -Time Payment......................................................................................................... 8
Section 3. Leaves
FlexLeave....................................................................................................................... 9
HolidayLeave.............................................................................................................. 10
Bereavement Leave...................................................................................................... 11
LeaveSellback.............................................................................................................. 11
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Section 4. Fringe Benefits
Insurance...................................................................................................................... 12
Additional Insurance Programs..................................................................................... 14
Employee Assistance Program..................................................................................... 14
RetirementBenefit......................................................................................................... 15
LIUNA Supplemental Pension....................................................................................... 16
RetireeMedical Benefit................................................................................................. 17
Tuition Reimbursement................................................................................................. 21
Section 5. Miscellaneous Provisions
Reduction in Force/Layoffs............................................................................................
21
Banding.........................................................................................................................
23
9/80 Scheduling Plan....................................................................................................
24
Labor Management Committee.....................................................................................
24
Discipline — Notice of Intent...........................................................................................
25
GrievanceProcedure....................................................................................................
25
Probation.......................................................................................................................
26
Salary on Reclassification.............................................................................................
28
Uniforms and Safety Equipment....................................................................................
28
ServiceAwards.............................................................................................................
28
DirectDeposit................................................................................................................
28
Deferred Compensation................................................................................................
28
Separability...................................................................................................................
28
EXHIBIT A: Represented Job Classifications and Pay Rates ....................................... 31
EXHIBIT B: Approved Certificates................................................................................. 34
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered
into with reference to the following:
PREAMBLE
1. The Newport Beach City Employees Association ("NBCEA" or "Association'), a
recognized employee organization, affiliated with the Laborers' International Union
of North America, Local 777 (LIUNA), and the City of Newport Beach ("City"), a
municipal corporation and charter city, have been meeting and conferring, in good
faith, with respect to wages, hours, fringe benefits and other terms and conditions
of employment.
2. NBCEA representatives and City representatives have reached an agreement as to
wages, hours and other terms and conditions of employment for the term of January
1, 2019 through December 31, 2021 and this agreement has been embodied in this
MOU.
3. This MOU, upon approval by NBCEA 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 NBCEA 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
NBCEA.
B. Term
1. Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
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be considered effective as of January 1, 2019. This MOU shall remain
in full force and effect until December 31, 2021, and the provisions of
this MOU shall continue after the date of expiration of this MOU in the
event the parties are meeting and conferring on a successor MOU.
2. The provisions of this MOU shall prevail over conflicting provisions of
the Newport Beach City Charter, the ordinances, resolutions and
policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any
collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar
to this MOU.
C. Release Time
1. Three NBCEA officers designated by the NBCEA shall collectively be
granted an annual maximum of 150 hours paid release time for the
conduct of NBCEA business. Such time shall be exclusive of actual
time spent in collective bargaining and shall be scheduled at the
discretion of the NBCEA officer. Every effort will be made to schedule
this time to avoid interference with City operations.
2. Release time designees shall be identified annually and notice shall
be provided to the City. Release time incurred shall be reported
regularly in the form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes, preparation for collective bargaining
activities, and distribution of NBCEA written communication in the
work place.
4. Each January, the City will examine the number of Release Time
hours the Association used the preceding year. If the Association
used in excess of 75% of the hours normally granted (150), the
Association will be granted an additional 30 hours for that year.
D. Scope
1. All present written rules and current established practices and employees'
rights, privileges and benefits that are within the scope of representation shall
remain in full force and effect during the term of this MOU unless specifically
amended by the provisions of this MOU.
2. The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to the
grievance procedures.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
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3. 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.
Management Rights include, but are not limited to, the following:
(a) the determination of the purposes and functions of City
Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate;
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or
other legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the Department's
responsibilities in the event of an emergency; and
Q) the exercise of complete control and discretion over the manner
of organization, and the appropriate technology, best suited to
the performance of departmental functions.
The practical consequences of a Management Rights decision
on wages, hours, and other terms and conditions of
employment shall be subject to the grievance procedures.
E. Employee Data and Access
In January and July of each year, the City shall provide NBCEA a list of all
unit members including name, department, and job title. NBCEA designated
officers shall be entitled to solicit membership from new employees at their
work site. This solicitation shall be made from the total release time for
NBCEA Officers, and shall be scheduled in a manner that is not disruptive to
departmental operations. Department heads may determine appropriate
times for new employee contact, but they cannot reasonably deny such
contact.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
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F. Conclusiveness
With the exception of a separate MOU covering retirement issues, this MOU
contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the term of this MOU, neither party shall be compelled,
and each party expressly waives its rights to request the other to meet and
confer concerning any issue within the scope of representation except as
expressly provided herein or by mutual agreement of the parties. No
representative of either party has the authority to make, and none of the
parties shall be bound by, any statement, representation or agreement
reached prior to the execution of this MOU and not set forth herein.
As provided in the Employer -Employee Relations Resolution No. 2001-50,
the City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out
work, including work that is currently being performed by Association
members. In the event the City introduces a plan to outsource services
currently being performed by Association members to achieve greater
efficiency and/or cost savings, and upon request by the Association, the City
shall meet and confer with Association representatives to discuss the impacts
of the City's decision to contract out work. The City shall retain sole authority
to decide whether or not to contract out work, including work that is currently
being performed by Association members. This provision shall not limit the
City's authority to enter into such an agreement for any City services.
G. Modifications
Any agreement, understanding, 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.
H. Association Dues
1. The collection of Association dues shall be handled through the payroll deduction
process.
2. The Association and LIUNA agree to defend, indemnify and hold harmless the
City for its collection of Association dues.
SECTION 2. — Compensation
A. Salary
Base salary increases for all NBCEA represented classifications shall be as
follows and as specified in Exhibit A:
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
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Effective the pay period following City Council approval of this MOU, there
shall be a base salary increase of two percent (2.0%) for all represented
classifications.
Effective the pay period that includes January 1, 2020, base salaries will be
increased by two percent (2.0%) for all represented classifications.
Effective the pay period that includes January 1, 2021, base salaries will be
increased by two percent (2.0%) for all represented classifications.
B. Overtime
1. Advanced Approval - Employees must have advanced approval from their
supervisor to work overtime.
2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the
employee's defined FLSA workweek.
3. Contract Overtime — Overtime earned for an employee whose hours paid in their
defined FLSA workweek exceeds 40. For purposes of calculating hours paid for
contract overtime, holidays occurring during the work week count as time worked.
The use of other forms of leave do not count as hours worked for purposes of
calculating hours paid for determining eligibility for contract overtime.
4. Rate at Which Overtime is Calculated — Both FLSA and Contract Overtime (paid at
time and one half — 1.5) shall be calculated at the regular rate of pay, except that
the rate at which Contract Overtime is calculated shall not include the City's
Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back
an employee may receive from the Cafeteria Plan Allowance by choosing benefits
which cost less than the Allowance.
5. Workweek for Purposes of Calculating Overtime — For employees who work the
9/80 work schedule, their defined FLSA workweek shall begin exactly four hours
after the start time of their shift on their alternating regular day off (i.e., their eight-
hour day) and end exactly 168 hours later. For employees who work a 5/40 work
schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end exactly
168 hours later the following Saturday at 12:00 a.m.
6. Work Schedule — Regardless of the type of work schedule an employee is assigned
(e.g., 5/40 and 9/80), full time employees are regularly scheduled to work forty (40)
hours in their defined FLSA workweek.
7. Reporting Time - The City calculates overtime in tenths of an hour. Employees
shall report their time worked to the nearest tenth of an hour.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
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C. Standby Duty
Defined
a. To be ready to respond immediately to calls for service;
b. To be reachable by telephone;
C. To remain within a specified distance from his/her work station;
and
d. To refrain from activities which might impair the employee's
ability to perform his/her assigned duties.
2. Compensation
Standby duty shall be compensated at the rate of one (1) hour of
overtime compensation for each eight (8) hours of such duty. Standby
duty on holidays shall be compensated at the rate of two (2) hours of
overtime compensation for each (8) hours of standby duty. Should the
employee be required to return to work while on standby status, the
provisions pertaining to compensation for call-back pay shall apply for
the actual period of time the employee is in a work status.
D. Call -Back Duty
Defined
Call-back duty requires the employee to respond to a request to return
to his/her work station after the normal work shift has been completed
and the employee has left his/her normal work station. Those periods
of overtime which had been scheduled by the Department Director
prior to the end of the normal work shift are not considered call-back
duty.
2. Compensation
All employees shall receive a minimum of two (2) hours pay. If an
employee works more than two (2) hours, he/she shall receive pay for
actual hours worked.
E. Accumulation of Compensatory Time Off
Unit members who are non-exempt (from overtime) may receive
compensatory time off (CTO), in lieu of cash, as compensation for overtime
hours worked at the rate of one -and -one-half hours (1 '/2) for each hour of
overtime worked. An employee may only accrue CTO if requested and then
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
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approved by the employee's supervisor. Call-back time may be converted to
CTO with supervisor approval.
Employees may accumulate up to eighty (80) hours of CTO. If an employee
has eighty (80) hours of accrued CTO, he/she will not be able to accrue
additional CTO until he/she uses CTO to reduce his/her balance below eighty
(80) hours.
Night Shift Differential
Unit members who's regularly assigned work schedule ends no earlier than
6:00 p.m. shall receive a night shift differential of $1.00 per hour; payable for
each hour worked after 6:00 p.m. Overtime worked as an extension
of an assigned day shift shall not qualify an employee for night shift
differential. The differential pay is paid only for hours actually worked.
The parties agree that to the extent permitted by law, the shift differential pay
in this section is special compensation and shall be reported to CaIPERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay.
Incentive Shift for Library Members
For NBCEA members in the Library Services Department, the Sunday work
shift will be considered an "incentive" shift. Unit members working on Sunday
who work a regularly scheduled shift of five hours will report their actual hours
worked on their time sheet but will be paid three hours' incentive pay at the
regular hourly rate. This article is not to be construed as to impact on other
City rules.
Court Time
Employees who are required to appear in Court during their off-duty hours in
connection with City business shall receive overtime compensation (if
additional hours qualify as overtime) for the number of hours they spend in
court, with a minimum of two (2) hours of such compensation.
Acting Pay
NBCEA employees will be eligible to receive "acting pay" only after
completing 80 consecutive hours in the higher classification. Acting pay is
107.5% of the employee's base pay rate.
Once the minimum hours requirement has been satisfied, acting pay will be
granted for all hours worked above 40 hours beginning with the 41St hour
worked in the higher classification.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
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The parties agree that to the extent permitted by law, acting pay is special
compensation and shall be reported to CalPERS as such pursuant to Title 2
CCR, Section 571(a)(3) Temporary Upgrade Pay.
J. Certificate Pay
Effective January 1, 2013, the Certificate Pay program was modified to
eliminate "inactive" certificates and "sunset" certain active certificates.
Employees currently receiving a "sunset" certificate are considered
grandfathered under the program, but no further employees will be eligible;
effective January 1, 2014, the pay for eligible certificates was converted from
a percentage based benefit to a flat dollar amount. The complete list of
eligible certificates and the corresponding benefit is listed in Exhibit B. All
other procedures associated with Certificate Pay remain in effect.
The parties agree that to the extent permitted by law, certificates which
qualify as special compensation shall be reported to Ca1PERS as such
pursuant to Title 2 CCR, Section 571 or 571.1.
K. Bi-linqual Pay
Upon determination of the Department Director that an employee's ability to
speak, read and/or write in Spanish contributes to the Department providing
better service to the public, the employee shall be eligible to receive one
hundred fifty ($150.00) dollars per month (paid each pay period) in bi-lingual
pay. The certification process will confirm that the employee is fluent at the
street conversational level in speaking, reading and/or writing
Spanish. Employees certified shall receive bi-lingual pay the first full pay
period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Department Director with the concurrence of the Human
Resources Director.
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.
L. One -Time Payment
Following City Council adoption of this MOU, or as soon thereafter as
reasonably practicable, currently employed unit members will receive a one-
time payment of $2,700.00. The parties agree that this one-time payment
does not meet the criteria under California Code of Regulations 571(b) as
reportable compensation for retirement purposes.
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SECTION 3. — Leaves
A. Flex Leave
All unit members shall accrue Flex leave at the following rates:
Years of Continuous
Hrs Accrued per
Annual
Max Allowable
Service
Pay Period
hours
Balance (hours)
Less than 5
6.00
156.00
468.00
5 but less than 9
6.61
171.86
515.58
9 but less than 12
7.23
187.98
563.94
12 but less than 16
8.15
211.90
635.70
16 but less than 20
8.77
228.02
684.06
20 but less than 25
9.38
243.88
731.64
25 and over
10.00
260.00
780.00
Members shall accrue three (3) months (i.e., 39 hours) of flex leave as
provided in the chart above) upon completion of three (3) months of
continuous employment with the City of Newport Beach, provided however,
this amount shall be reduced by any flex leave time advanced during the first
three (3) months of employment.
Limit on Accumulation
Any flex leave earned in excess of this level will be paid on an hour for
hour basis in cash (spill over pay) at the employee's hourly rate of pay.
Members hired prior to July 1, 1996 shall be paid for earned flex leave
in excess of the maximum permitted accrual at the member's hourly
rate of pay provided that they have utilized at least eighty (80) hours
of flex leave the previous calendar year. Employees accruing at the
16 years of continuous service level or above shall be required to use
120 hours of flex leave the previous calendar year. Employees who
have not utilized the required amount of leave the prior calendar year
shall not be eligible to accrue time above the maximum accrual limit.
Employees first hired, or rehired by the City subsequent to July 1, 1996
shall not be eligible for flex leave spill over pay and shall not be entitled
to accrue flex leave in excess of the flex leave accrual threshold.
2. Method of Use
The Department Director shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the wishes of the employee. Flex leave may be granted on
an hourly basis. Any fraction over an hour shall be charged to the
next full hour.
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B. Holiday Leave
The following days shall be observed as paid holidays (i.e., employees shall
have the day off with pay) by all unit members. For each holiday, except the
Floating Holiday (where the employee chooses the day off), if an employee
is required to work on the holiday, they will receive their pay for the holiday
and in addition, either pay or Flex Leave for the number of hours worked on
the holiday.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Martin Luther King Day
Floating Holiday
July 4
1 It Monday in Sept.
November 11
4t" Thurs. in November
Last'/2 of working day
December 25
Last'/2 of working day
January 1
3rd Monday in February
Last Monday in May
3rd Monday in January
July 1St - 1 day*
*The floating holiday (eight (8) hours of holiday leave) is awarded on July 1.
The hours are added to employees' Flex Leave account.
Holidays are paid based on the employee's regular work day schedule. For
example, if an employee is on a 9/80 schedule and the holiday is observed
on a day that the employee is regularly scheduled to work 9 hours, the
employee is entitled to receive 9 hours of holiday pay. However, if an
employee is on a 9/80 schedule and the holiday is observed on a day that
the employee is regularly scheduled to work 8 hours, the employee is entitled
to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday
pay annually for the Floating Holiday.
1. Holidays listed above (except the floating holiday) occurring on a
Saturday shall be observed the preceding Friday. Holidays occurring
on a Sunday shall be observed the following Monday. (Half day
holidays shall be observed prior to the observed holiday).
2. Holiday pay will be paid only to employees who work their scheduled
day before and scheduled day after a holiday or are on authorized paid
leave (e.g. leave that has been reviewed and approved by the
Department Director).
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3. In addition, for all employees an additional 8 hours of floating holiday
will be added to his/her Flex leave accumulated total, on the first pay
period in July each year.
D. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by
an employee because of the death or terminal illness in his/her immediate
family." Unit members shall be entitled to forty (40) hours of bereavement
leave per calendar year per incident (terminal illness followed by death is
considered one incident). Bereavement leave shall be administered in
accordance with the provisions of the Employee Policy Manual. Leave hours
need not be used consecutively, but should occur in proximate time to the
occurrence. For the purposes of this section, immediate family shall mean
an employee's father, mother, stepfather, stepmother, brother, sister,
spouse/domestic partner, child, stepchild, grandparents and the employee's
spouse's/domestic partner's father, mother, brother, sister, child and
grandparents. 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.
E. Leave Sellback
During calendar year 2019, employees shall have the option (on two
occasions) of selling back on an hour for hour basis, accrued flex or vacation
leave. In no event shall the flex or vacation leave balance be reduced below
one hundred and sixty (160) hours. Hours sold back will be subject to the
Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree
Medical. For the term of this MOU the Association has elected Part C
contributions for Flex at 0%.
Effective in calendar year 2020 and thereafter, 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/or 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 one hundred and sixty (160) hours. On or before December 31, 2019,
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 one hundred and
sixty (160) hours when the leave is cashed out.
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In addition to the above, starting in calendar year 2020, an employee who
has an "unforeseen emergency" (defined as an unanticipated emergency that
is caused by an event beyond the control of the employee and that would
result in severe financial hardship to the employee if early withdrawal were
not permitted) shall be entitled to make a request to the Director of Human
Resources for a payoff of accrued flex leave. The amount of flex leave which
may be paid off is limited to the amount necessary to meet the emergency.
If there is an unforseen emergency, an employee can cash out Flex Leave
earlier in the year than described above provided that the remaining balance
is not reduced below one hundred and sixty (160) hours.
SECTION 4. —Fringe Benefits
A. Insurance
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 association 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 contribution amounts listed below, the City shall contribute the
minimum CalPERS participating employer's contribution towards
medical insurance for employee enrolled in a CalPERS medical plan,
per Government Code Section 22892. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's
existing medical, dental and vision insurance/programs.
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 City's contribution towards the Cafeteria Plan is $1,725 (plus the
minimum CalPERS participating employer's contribution).
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NBCEA members who do not enroll in any medical plan offered by the
City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage on an
annual basis.
Employees hired prior to the first day of the pay period following City
Council approval of this 2019-2021 MOU who elect 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 $1,000.00 per month in
taxable cash. For these same employees, if they elect medical
coverage and spend less than the City contribution provided above,
those unused cafeteria plan funds shall be paid to the employee as
taxable cash.
Employees hired after the first day of the pay period following City
Council approval of this 2019-2021 MOU who elect 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) shall receive $500.00 per month in
taxable cash. For these same employees, if they elect medical
coverage and spend less than the City contribution provided above,
there shall be no cash back provided.
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 plan offerings as agreed upon by the Benefits Information
Committee.
5. Healthcare Reform
The parties recognize that certain State and Federal laws, programs
and regulations, including the Affordable Care Act, may impact future
medical plan offerings., Either party may request to reopen Section
4A(2) regarding medical insurance for the purpose of discussing
alternative approaches and proposals to providing healthcare
coverage. In addition, should State or Federal laws concerning
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taxation of healthcare benefits change, the parties agree to meet and
discuss the impact of such change.
B. Additional Insurance Programs
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. An Association member may
request that medical, child care and other eligible expenses be paid
or reimbursed by the Section 125 Plan 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. Disabilitv Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the following
provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount 66.67% of covered wages
66.67% of covered wages
Maximum Benefit $1,846 weekly
$15,000 monthly
Waiting Period 30 calendar days
180 calendar days
Employees shall pay one percent (1%) of base salary as a post -tax
deduction for this benefit.
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.
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 terminates from City employment.
C. Employee Assistance Program
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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. Retirement Benefit
1. Retirement Formula
The City contracts with 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:
Tier 1: For employees hired by the City on or before November 23,
2012, the retirement formula shall be the 2.5% @ 55 calculated on the
basis of the single highest year.
Tier 2: For employees first hired by the City between November 24
and December 31, 2012, or hired on or after January 1, 2013 and are
current classic members of the retirement system, as defined in the
Public Employees' Pension Reform Act (`PEPRA'), the retirement
formula shall be 2% @ 60 calculated on the average 36 highest
month's salary.
Tier 3: For employees first hired by the City on or after January 1,
2013, and who do not meet the Tier 2 criteria because they are new
members as defined by the PEPRA, the retirement formula shall be
2% @ 62 calculated on the average 36 highest month's salary.
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will contribute
additional amounts toward the PERS retirement benefit, to the extent
permissible by law. Should any provision be deemed invalid, the City
and Association agree to meet for the purpose of renegotiating
employee retirement contributions. Employees in each Tier will
contribute 13% of pensionable pay toward the retirement benefit.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution (of 7% or 8%) shall be calculated on base
pay, special pays, and other pays normally reported as "PERSable"
compensation, and will be made on a pre-tax basis through payroll
deduction, to the extent allowable by law. It is recognized that these
payments will not be reported to PERS as contributions toward either
the Member or Employer rate, as provided under GC Section 20516(f).
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Under a separate agreement, and ratified via a contract amendment
with CalPERS in 2008, Tier 1 employees shall contribute 2.42%
compensation earnable (as cost sharing) per Government Code
section 20516(a).
Tier 1 Employees - shall contribute a total employee contribution of
13% as follows: Tier 1 — Eight percent (8%) member contribution,
2.42% of compensation earnable as cost sharing per Government
Code section 20516(a) and 2.58% of compensation earnable as cost
sharing per Government Code section 20516(0.
Tier 2 Employees - shall contribute a total employee contribution of
13% as follows: seven percent (7%) (compensation earnable)
member contribution and six percent (6%) of compensation earnable
as cost sharing per Government Code section 20516(f).
Tier 3 Employees - The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public
Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of
the "total normal cost". Tier 3 employees shall make an additional
contribution of pensionable compensation toward retirement pursuant
to Government Code Section 20516(f), such that the total employee
contribution equals 13% of pensionable compensation.
The City contracts with PERS for the 4t" Level 1959 Survivors Insurance
Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service
Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Section 21548).
E. LIUNA SUDDlemental Pension
The Association agrees to pay any costs and/or contributions associated with
its members' participation in the LIUNA Supplemental Pension Fund. The
City's sole obligation is to forward the agreed upon amount to the fund. The
City is not responsible for, nor does it make any representation regarding the
payment of benefits to unit members.
The employees' contributions to the LIUNA Supplemental Pension Fund are
deemed "picked -up" and treated as employer contributions. Employees
cannot opt out of the "pick-up," or receive the contributed amounts directly
instead of having them paid to the plan. Participation at the same level will
continue to be mandatory for members of the Association.
The Association agrees with the procedural change, and acknowledges that
members who leave City employment prior to vesting in the LIUNA pension
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plan will still have no right to return of amounts contributed, or other recourse
against the City concerning LIUNA.
Effective the pay period following City Council approval of this MOU, unit
members agree to pick up whatever the actual costs and contributions are
required by LIUNA for participation in the LIUNA Supplemental Pension Fund
for as long as its members participate in the LIUNA Supplemental Pension
Fund. The parties are not precluded from discussing the LIUNA
Supplemental Pension in future labor negotiations.
The Association and LIUNA agree to defend, indemnify and hold harmless
the City for its actions pursuant to this section. This includes, but is not limited
to, any challenge by any member of the bargaining unit related to making
contributions to the Plan or receiving benefits from the Plan.
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, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006 was less than
50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public safety
employees) as of January 1, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) RHS Retiree Health Savings (RHS)
plan (formerly the Medical Expense Reimbursement Program - "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
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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 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 and Non -safety members within an Association may have
different levels. The participation level should be specified as a
percentage of the leave balance on hand in each employee's leave bank
at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-tax
basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex Leave. 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. 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 is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
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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
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
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contribution (i.e., the CaIPERS statutory minimum amount) towards
medical insurance after retirement. The parties also agree that, for
retirees selecting a CaIPERS medical plan, or any other plan with a
similar employer contribution requirement, the required City contribution
will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those
in Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees
who fully convert to the new plan will also receive a one-time City
contribution to their individual RHS accounts that equates to $100 per
month for every month they contributed to the previous "defined benefit"
plan, to a maximum of 15 years (180 months). This contribution will be
made only if the employee retires from the City and at the time of
retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for those
in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active workforce.
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 per year, accruing at the rate of $400 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
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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.
G. Tuition Reimbursement
NBCEA members attending accredited community colleges, colleges, trade
schools or universities, or recognized professional organizations or agencies
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 coursework, seminars or professional development programs. The
maximum annual benefit is $2,000 per fiscal year. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade of "C" or better for undergraduate courses and a
grade of "B" or better for graduate courses. All claims for tuition
reimbursement require the approval of the Human Resources Director or
designee.
SECTION 5. — Miscellaneous
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.
DEFINITIONS
1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of
employment.
2. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted regular status in the current
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Classification or any Classification within the Series, subject to the
following:
a. Credit shall be given only for continuous service subsequent to
the most recent appointment to regular status in the
Classification or Series; and
b. Seniority shall include time spent on industrial leave, military
leave, and leave of absence without pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
3. "Classification" shall mean one or more full time positions identical or
similar in duties not including part-time, seasonal or temporary
positions. Classification within a Series shall be ranked according to
pay (lowest ranking, lowest pay).
4. "Series" shall mean two or more classifications within a Department
which require the performance of similar duties with the higher ranking
classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory
responsibilities for subordinates. The City Manager shall determine
those classifications following a meet and consult process which
constitute a Series.
5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an
employee, based upon seniority within a series to bump into a lower
ranking classification within the same series, (2) to be followed by, an
employee being permitted to bump into a classification within a
different series. The latter bumping shall be based upon unit wide
seniority and shall be limited to a classification in which the employee
previously held regular status.
No employee shall have the right to bump into a classification for which
the employee does not possess the minimum qualifications such as
specialized education, training or experience.
PROCEDURE
In the event the City Manager determines to reduce the number of employees
within a classification, the following procedures are applicable:
1. Probationary employees within any classification shall, in that order,
be laid off before regular employees.
2. Employees within a classification shall be laid off in inverse order of
seniority.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-33
23
3. An employee subject to layoff in one classification shall have the right
to bump a less senior employee in a lower ranking classification within
a series. An employee who has bumping rights shall notify the
Department Director within three (3) working days after notice of layoff
of his/her intention to exercise bumping rights.
4. In the event two or more employees in the same classification are
subject to layoff and have the same seniority, the employees shall be
laid off following the Department Director's consideration of
established performance evaluations.
NOTICE
Employees subject to lay-off shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days' pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave and holiday
leave (if any).
REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment
list in reverse order of layoff. The re-employment list shall expire in eighteen
(18) months. In the event a vacant position occurs in the classification which
the employee occupied at the time of layoff, or a lower ranking classification
within a series, the employee at the top of the Department re-employment list
shall have the right within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee or
deposited in the U.S. Mail, first class postage prepaid, and addressed to the
employee at his or her last known address. Any employee shall have the
right to refuse to be placed on the re-employment list or the right to remove
his or her name from the re-employment list by sending written confirmation
to the Human Resources Director.
SEVERANCE
If an employee is laid off from their job with the City, for economic reasons,
the City will grant severance pay in an amount equal to one week of pay for
every full year of continuous employment service to the City of Newport
Beach up to ten (10) weeks of pay.
B. Banding
Position vacancy announcements for available City positions shall be
distributed in a manner that reasonably assures unit members access to the
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-34
24
announcements. In order to select the most qualified individual for vacant
positions the City will continue its practice of "banding" candidates into one
of the following ratings: Outstanding, Highly Recommended, Recommended,
and Not Recommended, during the testing process. Department Directors
review qualified candidates in band order, beginning with the top band and
are permitted to hire any eligible candidate from the list (minimum rating of
Recommended).
Where no less than 2 unit members achieve top three ranking on a certified
eligible list, selection to the position shall be made with preference given to
the unit members so qualified.
C. 9/80 Schedulina Plan
Employees in the unit work either a 5/40 or 9/80 or work schedule.
Employees assigned to the 9/80 work schedule will have alternating Fridays
off with the City determining which employees will work on each alternating
Friday to ensure effective coverage of the work.
The City agrees to maintain flex -scheduling where it is currently operating
successfully in this unit.
D. Labor Manaaement Committee
Committees shall meet quarterly on an annual schedule; names of
participating unit members shall be announced to management no less than
5 working days before the scheduled meeting; cancellation for cause shall be
rendered by the canceling party no less than 48 hours prior to the scheduled
meeting; canceled meetings shall be rescheduled to take place within 5
working days of the canceled meeting; committees shall be departmental;
they may be combined in the interests of efficiency with other such
committees; City participants shall include appropriate department or division
heads outside the unit; the purpose of the committees shall be to resolve
conflict and exchange information; a unit staff person may attend meetings;
meetings shall be scheduled to last no less than one hour; grievances in
process shall not be subject to resolution in meetings; matters properly dealt
with in negotiations may be discussed but no agreements shall be effected
on same in committee. Meetings shall be on work time.
The Committees shall include a Library Committee with two unit members
participating; and three additional Committees, one of which shall meet in
each quarter of the year on a continuing rotational basis.
Building/Planning/Engineering: Minimum representation shall include
one NBCEA member and one management representative.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-35
25
2. Finance: Minimum representation shall include two NBCEA members
and two management representatives.
3. All other City departments: Minimum representation shall include
three NBCEA members and three management representatives.
The City and NBCEA agree that initial committee establishment will require
good faith effort to affect the spirit of this agreement.
E. Discipline - Notice of Intent
Employees who are to be the subject of discipline equal to an unpaid
suspension of three (3) days or greater shall be entitled to prior written notice
of intent to discipline at least seven (7) calendar days prior to the imposition
of the actual penalty. This written notice shall contain a description of the
event or conduct which justifies the imposition of discipline. The notice shall
also include the specific form of a discipline intended, and the employee shall
be offered the opportunity for to a Skelly meeting before their Department
Director prior to the imposition of the penalty.
All other discipline resulting in less than a three (3) day suspension will be
considered will not be subject to the aforementioned procedure.
This understanding is not intended to in any way reduce the rights of
employees to due process. Employees who have become the subject to a
suspension of one or two day who wish to appeal the suspension shall have
the right to appeal the decision to the City Manager or designee. Employees
who have received a written reprimand, shall have the right to place
comments on the document prior to placement in his/her personnel file.
F. Grievance Procedure
Step 1: A grievance may be filed by any employee on his/her own
behalf, or jointly by a group of employees, or by the Association. Except as
otherwise provided by law, the Grievance Procedure is the sole and exclusive
method by which an employee or the Association may challenge a provision
of this MOU.
A grievance shall be brought to the attention of the immediate supervisor for
discussion within ten (10) days after an employee or Association Board
member knew, or in the exercise of reasonable diligence should have known,
the act or events upon which the grievance is. If the Employee or the
Association (if filed by the Association is not satisfied with the decision
reached through the informal discussion or if extenuating circumstances
exist, the Employee or Association shall have the right to file a formal
grievance in accordance with Step 2 of this section. Grievances not
presented within the time period shall be considered resolved.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-36
26
The supervisor shall meet with the grievant to settle grievance and give a
written answer to the grievant within seven (7) calendar days from receipt of
the grievance by the supervisor. When the immediate supervisor is also the
department head, the grievance shall be presented in Step 2.
Step 2: If the employee or the Association (if filed by the Association) is not
in agreement with the decision rendered in Step 1, the grievant shall have
the right to present a formal grievance to the Department Director within ten
(10) Days after the discussion in Step 1. The right to file a grievance petition
shall be waived in the event the Employee or Association fails to file a formal
grievance within ten (10) Days after the occurrence of the incident that forms
the basis of the grievance. All formal grievances shall be submitted on the
form prescribed by the Human Resources Director and no formal grievance
shall be accepted until the form is complete. The formal grievance shall
contain a clear, concise statement of the grievance, the facts upon which the
grievance is based, the rule, regulation or policy the interpretation of which is
involved in the grievance, and the specific remedy or remedies sought by the
grievant. The Department Director should render a written decision within ten
(10) Days after receipt of the formal grievance.
Step 3: If the formal grievance has not been satisfactorily adjusted in Step
2, it may be appealed to the City Manager within ten (10) Days after the
Employee receives the decision. The City Manager may accept or reject the
decision of the Department Director and shall render a written decision within
ten (10) Days after conducting a grievance hearing. The decision of the City
Manager shall be final and conclusive. If mutually agreeable, a meeting may
be conducted involving all affected parties at any step in the grievance
procedure prior to a decision. The City Manager may delegate uninvolved
Department Directors to act on behalf of the City Manager to provide findings
and recommendations. The findings and recommendations of the uninvolved
Department Directors are advisory only and the City Manager's decision shall
be final.
Time Limits: Grievances shall be processed from one step to the next within
the time limit indicated for each step. Time limits shall be strictly enforced.
Any time limits can be waived or extended only by mutual agreement
confirmed in writing. Any grievance not carried to the next step by the
Employee or Association within the prescribed time limit shall be deemed
resolved upon the basis of the previous decision.
G. Probation
1. Probationary Period
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-37
27
Newly hired employees shall serve a twelve (12) month probationary
period. The probationary period for promoted employees shall be six
(6) months.
Newly hired employees shall be
increase after twelve (12) months.
increases shall remain unchanged.
2. Failure of Probation
(a) New Probation
;ome eligible for their first step
All other City rules regarding step
An employee on new probation may be released at the sole
discretion of the City at any time without right of appeal or
hearing, except as provided in (c), below.
(b) Promotional Probation
An employee on promotional probation may be failed at any
time without right of appeal or hearing, except as provided in
(c), below, and except that failing an employee on promotional
probation must not be arbitrary, capricious or unreasonable.
An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of
promotional probation.
When an employee fails his or her promotional probation, the
employee shall have the right to return to his or her former class
provided the employee was not in the previous class for the
purpose of training for a promotion to a higher class. When an
employee is returned to his or her former class, the employee
shall serve the remainder of any uncompleted probationary
period in the former class.
If the employee's former class has been deleted or abolished,
the employee shall have the right to return to a class in his or
her former occupational series closest to, but no higher than,
the salary range of the class which the employee occupied
immediately prior to promotion and shall serve the remainder
of any probationary period not completed in the former class.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-38
28
H. Salary on Reclassification
An employee who is reclassified will be provided with a salary increase to the
nearest step closest to five (5%) percent (not to exceed the maximum of the
new salary range).
Uniforms and Safety Equipment
For assigned Park Patrol staff, uniforms shall be worn at all times during
regular business hours. Park Patrol shall be provided with City designated
shirts, shorts, pants, boots, jacket, and hat annually. Additional equipment
or supplies may be issued to employees by the Department as deemed
appropriate. If the provided winter jacket or work boots are lost, the employee
shall replace the item with one from an authorized vendor. Work boots shall
provide toe protection and meet Department safety standards. The
Department Head or designee may approve exceptions to wearing uniforms.
The City will continue its practice of directly paying for dry cleaning for
individuals in the Park Patrol classification.
J. Service Awards
For the purpose of determining service awards, if an employee has been
employed by the City on more than one occasion, non-consecutive time will
be considered as part of total service. Prior to system implementations, an
employee is required to individually notify the awards committee of all of the
service time.
K. Direct Deposit
All employees shall participate in the payroll direct deposit system.
L. Deferred Compensation
The City agrees to, through a joint City -Employee Committee, explore the
possible addition of additional deferred compensation providers during the
term of this agreement.
M. Separability
Should any part of this MOU or any provision herein contained be rendered
or declared invalid, by reason of any existing or subsequently enacted
Legislation, or by decree of a Court of competent jurisdiction, such
invalidation of such part or portion of this MOU shall not invalidate the
remaining portion hereto, and same shall remain in full force and effect.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
4-39
29
Signatures are on the next page.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
..f
Executed this day of , 2019:
FOR THE NEWPORT BEACH CITY EMPLOYEES
ASSOCIATION:
Teresa Craig, President
FOR THE CITY OF NEWPORT BEACH:
0
Diane B. Dixon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By: 4j"'t8
Peter Brown, Special Counsel
ATTEST:
m
Leilani Brown, City Clerk
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021
K%]
4-41
REPRESENTED POSITIONS
Administrative Assistant
Building Department Specialist
Buyer
Buyer, Sr.
Department Assistant
Fiscal Clerk
Fiscal Clerk, Sr.
Fiscal Specialist
Inventory Analyst
Librarian I
Librarian II
Librarian III
Library Assistant
Library Clerk I
Library Clerk II
Library Clerk, Sr.
License Supervisor
Mail Processing Clerk, Sr.
Marketing Specialist
Office Assistant
Park Patrol Officer
Park Patrol Officer, Lead
Public Works Specialist
Records Specialist
Recreation Coordinator
Recreation Coordinator, Asst.
Recreation Supervisor
Exhibit A.1
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2019 - December 31, 2021
2.0% Cost of Living Adjustment March 16, 2019
31
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
MIN
MAX
MIN
MAX
$29.16
$40.98
$5,066
$7,123
$28.35
$39.93
$5,054
$7,104
$29.23
$41.10
$5,529
$7,781
$34.49
$48.52
$5,978
$8,410
$23.40
$32.90
$3,306
$4,649
$21.09
$29.71
$4,674
$6,576
$24.56
$34.55
$3,840
$5,404
$28.45
$40.05
$3,840
$5,404
$25.03
$35.25
$3,467
$4,880
$28.78
$40.49
$4,989
$7,018
$31.63
$44.55
$4,043
$5,689
$34.82
$48.98
$3,656
$5,150
$24.48
$34.43
$5,483
$7,722
$19.08
$26.82
$3,656
$5,150
$21.09
$29.71
$6,035
$8,491
$24.48
$34.43
$4,056
$5,703
$31.90
$44.89
$4,915
$6,921
$22.15
$31.18
$4,915
$6,921
$29.16
$40.99
$4,257
$5,989
$20.00
$28.16
$4,243
$5,968
$20.79
$29.25
$4,243
$5,968
$23.32
$32.82
$5,054
$7,102
$28.35
$39.93
$5,054
$7,102
$29.16
$40.98
$4,932
$6,942
$26.96
$37.94
$3,603
$5,070
$22.15
$31.18
$4,339
$6,110
$31.52
$44.37
$5,861
$8,245
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
4-42
REPRESENTED POSITIONS
Administrative Assistant
Building Department Specialist
Buyer
Buyer, Sr.
Department Assistant
Fiscal Clerk
Fiscal Clerk, Sr.
Fiscal Specialist
Inventory Analyst
Librarian I
Librarian II
Librarian III
Library Assistant
Library Clerk I
Library Clerk II
Library Clerk, Sr.
License Supervisor
Mail Processing Clerk, Sr.
Marketing Specialist
Office Assistant
Park Patrol Officer
Park Patrol Officer, Lead
Public Works Specialist
Records Specialist
Recreation Coordinator
Recreation Coordinator, Asst.
Recreation Supervisor
Exhibit A.2
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2019 - December 31, 2021
2.0% Cost of Living Adjustment January 1, 2020
GL,
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
MIN
MAX
MIN
MAX
$29.74
$41.79
$5,155
$7,244
$28.92
$40.73
$5,013
$7,059
$29.81
$41.92
$5,167
$7,266
$35.18
$49.49
$6,097
$8,579
$23.87
$33.56
$4,137
$5,817
$21.52
$30.31
$3,729
$5,253
$25.05
$35.25
$4,342
$6,109
$29.02
$40.85
$5,030
$7,081
$25.53
$35.95
$4,426
$6,232
$29.36
$41.30
$5,089
$7,159
$32.26
$45.44
$5,592
$7,876
$35.52
$49.96
$6,156
$8,660
$24.97
$35.12
$4,328
$6,088
$19.46
$27.36
$3,373
$4,742
$21.52
$30.31
$3,729
$5,253
$24.97
$35.12
$4,328
$6,088
$32.53
$45.79
$5,639
$7,937
$22.60
$31.80
$3,917
$5,512
$29.74
$41.81
$5,155
$7,246
$20.40
$28.72
$3,536
$4,978
$21.20
$29.83
$3,675
$5,171
$23.79
$33.48
$4,123
$5,803
$28.92
$40.73
$5,013
$7,059
$29.74
$41.79
$5,155
$7,244
$27.50
$38.70
$4,767
$6,708
$22.60
$31.80
$3,917
$5,512
$32.15
$45.26
$5,572
$7,844
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
4-43
REPRESENTED POSITIONS
Administrative Assistant
Building Department Specialist
Buyer
Buyer, Sr.
Department Assistant
Fiscal Clerk
Fiscal Clerk, Sr.
Fiscal Specialist
Inventory Analyst
Librarian I
Librarian II
Librarian III
Library Assistant
Library Clerk I
Library Clerk II
Library Clerk, Sr.
License Supervisor
Mail Processing Clerk, Sr.
Marketing Specialist
Office Assistant
Park Patrol Officer
Park Patrol Officer, Lead
Public Works Specialist
Records Specialist
Recreation Coordinator
Recreation Coordinator, Asst.
Recreation Supervisor
Exhibit A.3
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2019 - December 31, 2021
2.0 % Cost of Living Adjustment January 1, 2021
33
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
MIN
MAX
MIN
MAX
$30.34
$42.63
$5,258
$7,389
$29.50
$41.54
$5,113
$7,200
$30.41
$42.76
$5,270
$7,411
$35.88
$50.48
$6,219
$8,750
$24.35
$34.23
$4,220
$5,933
$21.95
$30.91
$3,804
$5,358
$25.55
$35.95
$4,429
$6,231
$29.60
$41.67
$5,131
$7,222
$26.04
$36.67
$4,514
$6,357
$29.95
$42.13
$5,191
$7,302
$32.91
$46.35
$5,704
$8,034
$36.23
$50.96
$6,279
$8,834
$25.47
$35.82
$4,415
$6,209
$19.85
$27.90
$3,440
$4,837
$21.95
$30.91
$3,804
$5,358
$25.47
$35.82
$4,415
$6,209
$33.18
$46.71
$5,752
$8,096
$23.05
$32.44
$3,995
$5,623
$30.34
$42.64
$5,258
$7,391
$20.81
$29.29
$3,607
$5,077
$21.63
$30.43
$3,748
$5,274
$24.27
$34.15
$4,206
$5,919
$29.50
$41.54
$5,113
$7,200
$30.34
$42.63
$5,258
$7,389
$28.05
$39.47
$4,863
$6,842
$23.05
$32.44
$3,995
$5,623
$32.79
$46.16
$5,684
$8,001
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
/ / /
34
Exhibit B
CITY EMPLOYEES ASSOCIATION
LIST OF APPROVED CERTIFICATES
MOU TERM 2019-2021
CERTIFICATE
MONTHLY AMOUNT
Certified Revenue Officer*
$85
Forklift Training Certificate *
$45
Public Notary**
$45
* Only those unit members who were receiving the certificate pay at time of the
2012-15 MOU were eligible for the benefit.
** Language added in 2015-18 MOU and only available to NBCEA members in
Administrative support positions and must be used for City business.
Page 1
4-45
ATTACHMENT C
Newport Beach City Employees Association City Proposal dated 1/28/19: Three-year contract with 2% COLA each Jan; Employee pays for supplemental
retirement program; cafeteria opt out $500/month for new hires and no cash in lieu for new hires; $2,700 non-PERSable bonus paid at start of contract.
sg, 2/14/19
4,618
93 Authorized Full-time Miscellaneous Employees
233,330
3,590
2.0% 2.0% 2.0% Cost of
14,282
FY 19 Budget COLA Yr 1 COLA Yr 2 COLA Yr 3 Increases
Base Pay'
6,666,581 102,563 269,330 408,048 779,941
Supplemental Pay
-
Certification Pay
2,640 - - - -
Bilingual Pay
18,000
(91,064)
Subtotal 20,640
Pension Contribution Z
Pension Normal Cost (16.212%)
Pension Unfunded Actuarial Liability (21.480%)
1,058,333 16,224 42,605 64,549 123,379
1,436,415 22,030 57,852 87,649 167,531
Subtotal 2,494,748 38,255 100,458 152,198 290,911
Other City Paid Benefits
MediCare (mandatory payment of 1.45%)
Compensated Absences
Cafeteria Plan
New Hire No Opt Out & Cash In Lieu @ $500/mo (assumed $1,358/mo for 5, 7 & 9 EEs)3
Employee Assistance Program (EAP)
Smartphone Allowance (17 employees)
Life Insurance (policy based on annual base pay with cap of $50,000)
Tuition Reimbursement (based on Fiscal Year 2018 actual) °
Retiree Health Savings (Post Employment Healthcare Contribution)
Supplemental Retirement Program
One-time non-PERSable lump sum payment of $2,700 per EE
Subtotal
Offset - Employee Pick Up of PERS Pension Costs (13.0%)
Overtime (based on Fiscal Year 2017 actual hours = 255.30)
Subtotal
Total
134,366
5,132
2,906
4,618
12,656
233,330
3,590
9,427
14,282
27,298
2,073,528
-
-
-
-
-
(37,292)
(69,872)
(91,064)
(198,228)
1,931
16,320
9,366
-
-
-
-
15,972
500
500
500
1,500
118,471
-
-
-
-
101,625
25,406
25,406
-
251,100
251,100
2,704,909
248,436
(57,040)
(71,664)
119,732
(869,675)
(13,333)
(35,013)
(53,046)
(101,392)
(869,675)
(13,333)
(35,013)
(53,046)
(101,392)
14,814
285
932
1,502
2,719
11,032,018
376,205
278,667
437,037
1,091,910
Salary Increase Only 1.54% 4.04% 6.12%
Total Comp Increase Only 3.41% 2.53%
i Original estimate is based on FY 2019 budget.
Z This unit has 64 Tier 1 members; 1 Tier 2 member, and 28 Tier 3 members.
3 Based on prior three years, assumed 5 new hires each year with carryover of 2 in Yr 2 & 4 in Yr 3.
° Usage in FY 17 was only $4,600 with 1 employee using the maximum amount.
Note: Year 1 start is tentatively 3/16/19 based on Council authorization at the 3/12/19 Council meeting.
4-46
ATTACHMENT D
City of Newport Beach
BUDGET AMENDMENT
2018-19
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 19BA-031
AMOUNT: 522,562.49
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
Yes
X No
This budget amendment is requested to provide for the following:
To increase salaries and benefit expenditure appropriations from General Fund, Water, and Information Technology unappropriated
fund balance to provide funding levels commensurate with the new Memorandum of Understanding with the City Employees Association
and Profesional Technology Association. The budget amendment provides the additional funding needed for the first 7.5 pay periods
of the contract. The Fiscal Year 2019-2020 budget will be developed to include the full cost increases associated with the contract.
ACCOUNTING ENTRY:
Org Object Project
BUDGETARYFUND BALANCE
Amount
0103031 See attached
Fund
Object
Description
Debit
Credit
010
300000
General Fund - Unappropriated Fund Balance
$482,746.76
$7,666.16
701
300000
Water Fund - Unappropriated Fund Balance
$9,437.74
$135.30
764
300000
Information Technology - Unappropriated Fund Balance
$38,841.93
$662.47
EXPENDITURE APPROPRIATIONS
Org Object Project
Description
0103031 See attached
Revenue Services in total, detail attached
$558.41
$35,167.55
0105041 See attached
Inspections in total, detail attached
$529.51
$29,426.16
0105042 See attached
Plan Checks/Permits in total, detail attached
$865.09
$43,407.72
0106021 See attached
Com Branch Library in total, detail attached
$83.96
$8,974.94
0106022 See attached
Mariners Branch Library in total, detail attached
$250.63
$21,435.10
0106023 See attached
Central Library in total, detail attached
$642.91
$41,409.01
0106024 See attached
Balboa Branch Library in total, detail attached
$52.41
$3,211.98
0107010 See attached
Program Support in total, detail attached
$380.57
$28,085.64
0107012 See attached
Adult Sports in total, detail attached
$33.16
$3,038.29
0107014 See attached
Youth Programs in total, detail attached
$35.83
$3,062.37
0107018 See attached
Park Patrol in total, detail attached
$73.02
$6,137.08
0107020 See attached
Newport Coast Community Center in total, detail attached
$40.32
$3,102.86
0107021 See attached
Community Youth Center in total, detail attached
$36.31
$3,066.72
0107023 See attached
Marina Park in total, detail attached
$69.57
$6,105.95
0107031 See attached
Oasis in total, detail attached
$260.11
$18,781.47
0107032 See attached
Oasis Fitness Center in total, detail attached
$41.73
$3,115.63
0108011 See attached
Wq/Conservation/Environmental in total, detail attached
$59.51
$3,275.64
0108012 See attached
Traffic & Transportation in total, detail attached
$550.02
$29,610.78
01010005 See attached
City Clerk Admin in total, detail attached
$124.13
$9,337.34
01025251 See attached
Personnel Mgmt & Recruiting in total, detail attached
$32.18
$3,029.46
01030005 See attached
Finance Admin in total, detail attached
$34.95
$3,054.49
01030301 See attached
Financial Planning in total, detail attached
$160.36
$9,664.19
01030302 See attached
Financial Reporting in total, detail attached
$206.99
$12,822.91
01040005 See attached
Fire Administration in total, detail attached
$31.57
$3,023.95
01040401 See attached
Fire Operations in total, detail attached
$38.70
$3,088.33
01040404 See attached
Emergency Medical Services in total, detail attached
$38.70
$3,088.33
01040406 See attached
Lifeguard Operations in total, detail attached
$38.70
$3,088.33
01050005 See attached
CDD Admin in total, detail attached
$194.90
$12,714.49
01050501 See attached
Planning in total, detail attached
$509.46
$31,984.50
01050503 See attached
Code Enforcement in total, detail attached
$199.70
$12,756.92
01060005 See attached
Library Admin in total, detail attached
$250.39
$15,954.64
01060601 See attached
Technical Processing in total, detail attached
$97.05
$9,092.98
01070005 See attached
Recreation Admin in total, detail attached
$96.42
$6,348.20
01080005 See attached
Public Works Admin in total, detail attached
$133.65
$9,422.55
01080801 See attached
Engineering Services in total, detail attached
$788.18
$34,496.98
01090005 See attached
PW MOD Admin in total, detail attached
$127.04
$9,363.32
7019052 See attached
Water System Service in total, detail attached
$135.30
$9,437.74
76420203 See attached
City Mgr Informtn Technology in total, detail attached
$662.47
$38,841.93
oignea:
City Council Approval: City Clerk
Date
4-47
City of Newport Beach
BUDGET AMENDMENT
2018-19
ACCOUNTING ENTRY:
NO. BA- 19BA-031
AMOUNT: r 522,562.49
BUDGETARY FUND BALANCE
Amount
Fund
QWpLt
Description
Debit
Credit
010
300000
General Fund - Unappropriated Fund Balance
$482,746.76
$7,666.16
701
300000
Water Fund - Unappropriated Fund Balance
$9,437.74
$135.30
764
300000
Information Technology - Unappropriated Fund Balance
$38,841.93
$662.47
EXPENDITURE APPROPRIATIONS
Org
Object
Description
0103031
711001
Revenue Services - Salaries
$33,995.42
0103031
723002
Revenue Services - Pers Normal Cost
$356.32
0103031
722001
Revenue Services - Pers Member Contribution
$322.86
0103031
724001
Revenue Services - Pers EE Contribution
$558.41
0103031
727016
Revenue Services - Medicare
$492.93
0105041
711001
Inspections - Salaries
$28,373.12
0105041
723002
Inspections - Pers Normal Cost
$336.62
0105041
722001
Inspections - Pers Member Contribution
$305.01
0105041
724001
Inspections - Pers EE Contribution
$529.51
0105041
727016
Inspections - Medicare
$411.41
0105042
711001
Plan Checks/Permits - Salaries
$41,754.52
0105042
723002
Plan Checks/Permits - Pers Normal Cost
$549.69
0105042
722001
Plan Checks/Permits - Pers Member Contribution
$498.07
0105042
724001
Plan Checks/Permits - Pers EE Contribution
$865.09
0105042
727016
Plan Checks/Permits - Medicare
$605.44
0106021
711001
Com Branch Library - Salaries
$8,745.88
0106021
723002
Com Branch Library - Pers Normal Cost
$53.64
0106021
722001
Com Branch Library - Pers Member Contribution
$48.60
0106021
724001
Com Branch Library - Pers EE Contribution
$83.96
0106021
727016
Com Branch Library - Medicare
$126.82
0106022
711001
Mariners Branch Library - Salaries
$20,827.90
0106022
723002
Mariners Branch Library - Pers Normal Cost
$160.11
0106022
722001
Mariners Branch Library - Pers Member Contribution
$145.08
0106022
724001
Mariners Branch Library - Pers EE Contribution
$250.63
0106022
727016
Mariners Branch Library - Medicare
$302.00
0106023
711001
Central Library - Salaries
$40,045.47
0106023
723002
Central Library - Pers Normal Cost
$410.72
0106023
722001
Central Library - Pers Member Contribution
$372.15
0106023
724001
Central Library - Pers EE Contribution
$642.91
0106023
727016
Central Library - Medicare
$580.66
0106024
711001
Balboa Branch Library - Salaries
$3,103.16
0106024
723002
Balboa Branch Library - Pers Normal Cost
$33.48
0106024
722001
Balboa Branch Library - Pers Member Contribution
$30.34
0106024
724001
Balboa Branch Library - Pers EE Contribution
$52.41
0106024
727016
Balboa Branch Library - Medicare
$45.00
0107010
711001
Program Support - Salaries
$27,227.43
0107010
723002
Program Support - Pers Normal Cost
$243.12
0107010
722001
Program Support - Pers Member Contribution
$220.29
0107010
724001
Program Support - Pers EE Contribution
$380.57
0107010
727016
Program Support - Medicare
$394.80
0107012
711001
Adult Sports - Salaries
$2,955.07
0107012
723002
Adult Sports - Pers Normal Cost
$21.18
0107012
722001
Adult Sports - Pers Member Contribution
$19.19
0107012
724001
Adult Sports - Pers EE Contribution
$33.16
0107012
727016
Adult Sports - Medicare
$42.85
0107014
711001
Youth Programs - Salaries
$2,975.60
0107014
723002
Youth Programs - Pers Normal Cost
$22.89
0107014
722001
Youth Programs - Pers Member Contribution
$20.74
0107014
724001
Youth Programs - Pers EE Contribution
$35.83
0107014
727016
Youth Programs - Medicare
$43.15
0107018
711001
Park Patrol - Salaries
$5,961.71
0107018
723002
Park Patrol - Pers Normal Cost
$46.65
0107018
722001
Park Patrol - Pers Member Contribution
$42.27
0107018
724001
Park Patrol - Pers EE Contribution
$73.02
0107018
727016
Park Patrol - Medicare
$86.44
0107020
711001
Newport Coast Community Center - Salaries
$3,010.12
0107020
723002
Newport Coast Community Center - Pers Normal Cost
$25.76
0107020
722001
Newport Coast Community Center - Pers Member Contribution
$23.34
0107020
724001
Newport Coast Community Center - Pers EE Contribution
$40.32
0107020
727016
Newport Coast Community Center - Medicare
$43.65
0107021
711001
Community Youth Center - Salaries
$2,979.31
0107021
723002
Community Youth Center - Pers Normal Cost
$23.20
0107021
722001
Community Youth Center - Pers Member Contribution
$21.02
0107021
724001
Community Youth Center - Pers EE Contribution
$36.31
0107021
727016
Community Youth Center - Medicare
$43.20
0107023
711001
Marina Park - Salaries
$5,935.17
0107023
723002
Marina Park - Pers Normal Cost
$44.45
0107023
722001
Marina Park - Pers Member Contribution
$40.27
0107023
724001
Marina Park - Pers EE Contribution
$69.57
0107023
727016
Marina Park - Medicare
$86.06
0107031
711001
Oasis - Salaries
$18,200.82
0107031
723002
Oasis - Pers Normal Cost
$166.17
0107031
722001
Oasis - Pers Member Contribution
$150.56
0107031
724001
Oasis - Pers EE Contribution
$260.11
0107031
727016
Oasis - Medicare
$263.91
0107032
711001
Oasis Fitness Center - Salaries
$3,021.01
0107032
723002
Oasis Fitness Center - Pers Normal Cost
$26.66
0107032
722001
Oasis Fitness Center - Pers Member Contribution
$24.16
0107032
724001
Oasis Fitness Center - Pers EE Contribution
$41.73
0107032
727016
Oasis Fitness Center - Medicare
$43.80
0108011
711001
Wq/Conservation/Environmental - Salaries
$3,157.78
0108011
723002
Wq/Conservation/Environmental - Pers Normal Cost
$37.81
0108011
722001
Wq/Conservation/Environmental - Pers Member Contribution
$34.26
0108011
724001
Wq/Conservation/Env iron mental - Pers EE Contribution
$59.51
0108011
727016
Wq/Conservation/Environ mental - Medicare
$45.79
0108012
711001
Traffic & Transportation - Salaries
$28,530.92
0108012
723002
Traffic & Transportation - Pers Normal Cost
$349.49
0108012
722001
Traffic & Transportation - Pers Member Contribution
$316.67
0108012
724001
Traffic & Transportation - Pers EE Contribution
$550.02
0108012
727016
Traffic & Transportation - Medicare
$413.70
01010005
711001
City Clerk Admin - Salaries
$9,054.88
01010005
723002
City Clerk Admin - Pers Normal Cost
$79.30
01010005
722001
City Clerk Admin - Pers Member Contribution
$71.86
01010005
724001
City Clerk Admin - Pers EE Contribution
$124.13
01010005
727016
City Clerk Admin - Medicare
$131.30
01025251
711001
Personnel Mgmt & Recruiting - Salaries
$2,947.53
01025251
723002
Personnel Mgmt & Recruiting - Pers Normal Cost
$20.56
01025251
722001
Personnel Mgmt & Recruiting - Pers Member Contribution
$18.63
01025251
724001
Personnel Mgmt & Recruiting - Pers EE Contribution
$32.18
01025251
727016
Personnel Mgmt & Recruiting - Medicare
$42.74
ATTACHMENT E
RESOLUTION NO. 2019-22
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 PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach ("City Council")
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, et seq.;
WHEREAS, the City of Newport Beach ("City") supports effective communication
and collaborative working relationships with its employee associations to promote
improved relations while balancing good management practices;
WHEREAS, the City previously entered into a memorandum of understanding with
the Newport Beach Professional and Technical Employees Association ("NBPTEA"), a
recognized employee organization, for the term of July 1, 2015 through December 31,
2018 ("2015 MOU");
WHEREAS, in accordance with Section 1(B)(1) of the 2015 MOU, its provisions
remain in full force and effect after its expiration while the City and the NBPTEA meet and
confer on a successor memorandum of understanding;
WHEREAS, representatives from the City and the NBPTEA met and conferred in
good faith and reached a tentative agreement on wages, benefits, and other terms and
conditions of employment ("Tentative Agreement"), which are memorialized in the
Memorandum of Understanding between the City and the NBPTEA ("Memorandum of
Understanding") attached hereto as Exhibit A and incorporated herein by this reference;
WHEREAS, the City was notified on February 8, 2019 that the NBPTEA had
ratified said Tentative Agreement;
WHEREAS, City of Newport Beach Charter Section 601 requires the City Council
to provide the number, titles, qualifications, powers, duties and compensation of all
officers and employees of the City;
WHEREAS, Newport Beach Municipal Code Section 2.28.010 provides that, upon
recommendation of the City Manager, the City Council may establish by resolution the
salary range or rate for each position;
4-50
Resolution No. 2019 -
Page 2 of 3
WHEREAS, the City Manager has reviewed the changes to the salary schedule
for the NBPTEA unit members provided in this resolution and recommends approval;
WHEREAS, the City Council received and considered the Tentative Agreement at
its regular meeting on February 26, 2019;
WHEREAS, the City Council received and considered the Memorandum of
Understanding at its regular meeting on March 12, 2019;
WHEREAS, by adopting this resolution, the City Council intends to amend the
salary schedule for employees represented by the NBPTEA so as to be in conformance
with the Memorandum of Understanding; and
WHEREAS, by adopting this resolution, the City Council also desires to replace
the 2015 MOU by adopting the Memorandum of Understanding attached hereto as Exhibit
A to serve as the successor agreement between the City and the NBPTEA for the period
of January 1, 2019 through December 31, 2021.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Memorandum of
Understanding that is attached hereto and incorporated herein as Exhibit A. Wages,
hours, fringe benefits and other terms and conditions of employment for employees
represented by the NBPTEA shall be provided in accordance with the provisions of the
Memorandum of Understanding, which shall serve as the successor agreement between
the City and the NBPTEA for the period of January 1, 2019 through December 31, 2021.
Section 2: The City's Salary Schedule shall be modified to be consistent with this
resolution.
Section 3: The Memorandum of Understanding shall supersede in all respects
any and all terms and provisions of all prior memoranda of understanding between City
and employees represented by the NBPTEA, except to the extent that any term or
provision of this Memorandum of Understanding expressly provides otherwise.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
4-51
Resolution No. 2019 -
Page 3 of 3
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,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or 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 12th day of March, 2019.
Diane B. Dixon
Mayor
ATTEST:
1_eilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Memorandum of Understanding
4-52
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
G►1
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
January 1, 2019 through December 31, 2021
FULL DOCUMENT ATTACHED TO STAFF REPORT A5
ATTACHMENT B
4-53
ATTACHMENT F
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
�I
►U
���
\l -`o
January 1, 2019 through December 31, 2021
4-54
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
January 1, 2019 — December 31, 2021
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition..................................................................................................................... 1
Term............................................................................................................................... 1
ReleaseTime.................................................................................................................. 2
Scope.............................................................................................................................. 2
Conclusiveness.............................................................................................................. 3
Modifications................................................................................................................... 4
Employee Data and Access............................................................................................ 4
AssociationDues............................................................................................................ 4
Section 2. Compensation
Salary............................................................................................................................ 5
Overtime.......................................................................................................................... 5
Call -Back Duty................................................................................................................ 6
Accumulation of Compensatory Time Off........................................................................ 6
Night Shift Differential...................................................................................................... 6
Associate Civil Engineer and Junior Civil Engineer......................................................... 7
CertificatePay................................................................................................................. 7
CourtTime...................................................................................................................... 7
ActingPay....................................................................................................................... 7
Bi -lingual Pay.................................................................................................................. 8
AssignmentPay.............................................................................................................. 8
WeekendStandby........................................................................................................... 8
One -Time Payment......................................................................................................... 9
Section 3. Leaves
FlexLeave....................................................................................................................... 9
HolidayLeave............................................................................................................... 10
BereavementLeave...................................................................................................... 11
LeaveSellback.............................................................................................................. 11
4-55
Section 4. Fringe Benefits
Insurance...................................................................................................................... 12
Additional Insurance Programs..................................................................................... 14
Employee Assistance Program..................................................................................... 15
TheRetirement Benefit................................................................................................. 15
LIUNA Supplemental Pension....................................................................................... 17
RetireeMedical Benefit................................................................................................. 17
Tuition Reimbursement................................................................................................. 21
Section 5. Miscellaneous/Working Conditions
Reduction in Force/Layoffs............................................................................................ 22
Recruitment and Selection............................................................................................ 24
9/80 Scheduling Plan.................................................................................................... 24
Labor Management Committee..................................................................................... 25
Grievance Procedure.................................................................................................... 25
Probation....................................................................................................................... 26
Salary on Reclassification............................................................................................. 27
DirectDeposit................................................................................................................ 27
Uniforms........................................................................................................................ 27
Separability................................................................................................................... 28
EXHIBIT A: Represented Job Classification and Pay Rates.........................................30
EXHIBIT B: Approved Certifications.............................................................................. 33
4-56
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
The Newport Beach Professional and Technical Employees Association
("NBPTEA" or 'Association'), a recognized employee organization, affiliated with
Laborers' International Union of North America, Local 777 (LIUNA), and the City
of Newport Beach ("City"), a municipal corporation and charter city, have been
meeting and conferring, in good faith, with respect to wages, hours, fringe benefits
and other terms and conditions of employment.
2. NBPTEA representatives and City representatives have reached an agreement as
to wages, hours and other terms and conditions of employment to apply to all
affected employees for the term of January 1, 2019 through December 31, 2021.
3. This MOU, upon approval by NBPTEA 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 NBPTEA 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 NBPTEA.
B. Term
Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
4-57
PA
be considered effective as of January 1, 2019. This MOU shall
remain in full force and effect until December 31, 2021 and the
provisions of this MOU shall continue after the date of expiration of
this MOU in the event the parties are meeting and conferring on a
successor MOU.
2. The provisions of this MOU shall prevail over conflicting provisions
of the Newport Beach City Charter, the ordinances, resolutions and
policies of the City of Newport Beach, federal and state statutes,
rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to
decisional or statutory law, superseded by the provisions of an
agreement similar to this MOU.
C. Release Time
1. Three NBPTEA officers designated by the NBPTEA shall collectively
be granted an annual maximum of 150 hours paid release time, for
the conduct of NBPTEA business. Such time shall be exclusive of
actual time spent in collective bargaining and shall be scheduled at
the discretion of the NBPTEA officer. Every effort will be made to
schedule this time to avoid interference with City operations.
2. Release time designees shall be identified annually and notice shall
be provided to the City. Release time incurred shall be reported
regularly in the form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes; preparation for collective bargaining
activities, and distribution of NBPTEA written communication in the
work place.
4. Each January the City will examine the number of Release Time
hours the Association used the preceding year. If the Association
used in excess of 75% of the hours normally granted (150), the
Association will be granted an additional 30 hours for that year.
D. Scope
1. All present written rules and current established practices and employees'
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
4-58
3
2. The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to the
grievance procedures.
I 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.
Management Rights include, but are not limited to, the following:
(a) the determination of the purposes and functions of City
Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate;
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or
other legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the
Department's responsibilities in the event of an emergency;
and
Q) the exercise of complete control and discretion over the
manner of organization, and the appropriate technology, best
suited to the performance of departmental functions.
The practical consequences of a Management Rights
decision on wages, hours, and other terms and conditions of
employment shall be subject to the grievance procedures.
E. Conclusiveness
With the exception of a separate MOU covering retirement issues, this MOU
contains all of the covenants, stipulations, and provisions agreed upon by
the parties. Therefore, for the term of this MOU, neither party shall be
compelled, and each party expressly waives its rights to request the other
to meet and confer concerning any issue within the scope of representation
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
4-59
4
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.
As provided in the Employer -Employee Relations Resolution No. 2001-50,
the City shall determine the manner in which City services are to be
provided, including whether the City should provide services directly or
contract out work, including work that is currently being performed by
Association members. In the event the City introduces a plan to outsource
services currently being performed by Association members to achieve
greater efficiency and/or cost savings, and upon request by the Association,
the City shall meet and confer with Association representatives to discuss
the impacts of the City's decision to contract out work. The City shall retain
sole authority to decide whether or not to contract out work, including work
that is currently being performed by Association members. This provision
shall not limit the City's authority to enter into such an agreement for any
City services.
F. Modifications
Any agreement, understanding, 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. Employee Data and Access
In January and July of each year, the NBPTEA will be provided with a listing
of all unit members. The listing will include name, department, and job title.
Information concerning the NBPTEA prepared by the NBPTEA will be
provided to new employees at the time of orientation.
H. Association Dues
1. The collection of Association dues be handled through the payroll deduction
process.
2. The Association and LIUNA agree to defend, indemnify and hold harmless
the City for its collection of Association dues.
SECTION 2. —Compensation
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
•/
A
A. Salary
Base salary increases for all NBPTEA represented classifications shall be
as follows, and as specified in Exhibit A:
Effective the pay period following City Council approval of this MOU, there
shall be a base salary increase of two percent (2.0%) for all represented
classifications.
Effective the pay period that includes January 1, 2020, base salaries will be
increased by two percent (2.0%) for all represented classifications.
Effective the pay period that includes January 1, 2021, base salaries will be
increased by two percent (2.0%) for all represented classifications.
B. Overtime
1. Advanced Approval - Employees must have advanced approval from their
supervisor to work overtime.
2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in
the employee's defined FLSA workweek.
3. Contract Overtime — Overtime earned for an employee whose hours paid in
their defined FLSA workweek exceeds 40. For purposes of calculating
hours paid for contract overtime, holidays occurring during the work week
count as time worked. The use of other forms of leave do not count as
hours worked for purposes of calculating hours paid for determining
eligibility for contract overtime.
4. Rate at Which Overtime is Calculated — Both FLSA and Contract Overtime
(paid at time and one half — 1.5) shall be calculated at the regular rate of
pay, except that the rate at which Contract Overtime is calculated shall not
include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan
Allowance, or any cash back an employee may receive from the Cafeteria
Plan Allowance by choosing benefits which cost less than the Allowance.
5. Workweek for Purposes of Calculatinq Overtime — For employees who work
the 9/80 work schedule, their defined FLSA workweek shall begin exactly
four hours after the start time of their shift on their alternating regular day
off (i.e., their eight-hour day) and end exactly 168 hours later. For
employees who work a 5/40 work schedule, their workweek shall begin on
Saturday at 12:01 a.m. and will end exactly 168 hours later the following
Saturday at 12:00 a.m.
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6. Work Schedule — Regardless of the type of work schedule an employee is
assigned (e.g., 5/40 and 9/80), full time employees are regularly scheduled
to work forty (40) hours in their defined FLSA workweek.
7. Reporting Time - The City calculates overtime in tenths of an hour.
Employees shall report their time worked to the nearest tenth of an hour.
C. Call -Back Duty
1. Defined
Call back duty requires the employee to respond to a request to return to
his/her work station after the normal work shift has been completed and the
employee has left his/her normal work station. Those periods of overtime
which had been scheduled by the Department Director prior to the end of
the normal work shift are not considered call-back duty.
2. Compensation
All employees shall receive a minimum of two (2) hours pay. If an employee
works more than two (2) hours, he/she shall receive pay for actual hours
worked.
D. Accumulation of Compensatory Time Off
Unit members who are non-exempt (from overtime) may receive
compensatory time off (CTO), in lieu of cash, as compensation for overtime
hours worked at the rate of one -and -one-half (1 '/2) hours for each hour of
overtime worked. An employee may only accrue CTO if requested and then
approved by the employee's supervisor. Call-back time may be converted
to CTO with supervisor approval.
Employees may accumulate up to eighty (80) hours of CTO. If an employee
has eighty (80) hours of accrued CTO, he/she will not be able to accrue
additional CTO until he/she uses CTO to reduce his/her balance below
eighty (80) hours.
E. Niaht Shift Differential
The City agrees to pay $1.00 per hour night shift differential for Employees
working a regularly scheduled work shift of which four or more hours are
worked between the hours of 5 p.m. and 5 a.m. Overtime worked as an
extension of an assigned day shift shall not qualify an employee for night
shift differential. The differential pay is paid only for hours actually worked.
The parties agree that to the extent permitted by law, the shift differential
pay in this section is special compensation and shall be reported to
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Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(4) Shift
Differential Pay.
F. Associate Civil Engineer and Junior Civil Engineer
Employees in the class of Associate Civil Engineer and Junior Civil
Engineer who are registered by the State of California shall receive an
additional compensation of five (5%) percent of base pay per month.
G. Certificate Pay
The City and Association established a certificate pay program for non -
required job related certificates beneficial to City operations. Effective
January 1, 2013, the Certificate Pay program was modified to eliminate
"inactive" certificates and "sunset" certain active certificates. Employees
currently receiving a "sunset" certificate are considered grandfathered
under the program, but no further employees will be eligible. The complete
list of eligible certificates and the corresponding benefit is listed in Exhibit
B. All other procedures associated with Certificate Pay remain in effect,
including a limitation of payment for a maximum of five certificates per
employee.
The parties agree that to the extent permitted by law, certificates which
qualify as special compensation shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571 or 571.1.
H. Court Time
Employees who are required to appear in Court during their off-duty hours
in connection with City business shall receive overtime compensation (if
additional hours qualify as overtime) for the number of hours they spend in
court, with a minimum of two (2) hours of such compensation.
Acting Pay
NBPTEA employees will be eligible to receive "acting pay" only after
completing 80 consecutive hours in the higher classification. Acting pay is
107.5% of the employee's base pay rate.
Once the minimum hour requirement has been satisfied, acting pay will be
granted for all hours worked above 40 hours beginning with the 41St hour
worked in the higher classification.
The parties agree that to the extent permitted by law, acting pay is special
compensation and shall be reported to Ca1PERS as such pursuant to Title
2 CCR, Section 571(a)(3) Temporary Upgrade Pay.
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J. Bi -lingual Pay
Upon determination of the Department Director that an employee's ability to
speak, read and/or write in Spanish contributes to the Department providing
better service to the public, the employee shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month (paid each pay period) in
bilingual pay. The certification process will confirm that the employee is
fluent at the street conversational level in speaking, reading and/or writing
Spanish. Employees certified shall receive bi-lingual pay the first full pay
period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Department Director with the concurrence of the Human
Resources Director.
The parties agree that to the extent permitted by law, the Bilingual pay in
this section is special compensation and shall be reported to Ca1PERS as
such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
K. Assignment Pay
An employee appointed by the Community Development Director to
regularly perform the duties of the Zoning Administrator as set forth in the
Zoning Code shall be provided temporary assignment pay at five percent
(5%) above the employee's base pay, to be paid on an hourly basis for all
hours worked in the assignment. This assignment pay is temporary and will
cease once the employee is no longer performing the duties of the Zoning
Administrator.
An Assistant Planner appointed by the Planning Director to regularly
perform the lead duties at the Plan Check Counter shall be provided
temporary assignment pay at five (5%) percent above the employee's base
pay, paid on an hourly basis for all hours worked in the assignment. This
assignment pay will cease once the employee is no longer performing the
duties of the lead person at the Plan Check Counter.
L. Weekend Standby
Information Technology staff assigned Standby for the purpose of
responding to calls for service during the weekend shall be paid $3 per hour
for each hour of assigned duty. Weekend will be defined as the 62 hours
beginning on Friday at 5:00 p.m. and concluding Monday at 7:00 a.m. for a
total of 62 hours per weekend. Time on standby is not considered hours
worked. This provision is not intended to be a guarantee of hours and the
City shall retain the right to determine when Standby duty shall be assigned.
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M. One -Time Payment
Following City Council adoption of this MOU, or as soon thereafter as
reasonably practicable, currently employed unit members will receive a
one-time payment of $2,700.00. The parties agree that this one-time
payment does not meet the criteria under California Code of Regulations
571(b) as reportable compensation for retirement purposes.
SECTION 3 - Leaves
A. Flex Leave
Unit members shall accrue Flex leave at the following rates :
Members shall accrue three (3) months (i.e., 39 hours) of Flex leave (as provided
in the chart above) upon completion of three (3) months of continuous employment
with the City of Newport Beach, provided however, this amount shall be reduced
by any Flex leave time advanced during the first three (3) months of employment.
At the completion of three months of employment, three (3) months of accrued
Flex leave will be placed in the employee's account.
1. Limit on Accumulation
Any flex leave earned in excess of this level will be paid on an hour
for hour basis in cash (spill over pay) at the employee's hourly rate
of pay. Members hired prior to July 1, 1996 shall be paid for earned
flex leave in excess of the maximum permitted accrual at the
member's hourly rate of pay provided that they have utilized at least
eighty (80) hours of flex leave the previous calendar year.
Employees accruing at the 16 years of continuous service level or
above shall be required to use 120 hours of flex leave the previous
calendar year to receive such excess pay. Employees who have not
utilized the required amount of leave the prior calendar year shall not
be eligible to accrue time above the maximum accrual limit.
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Maximum
Years of Continuous
Hrs Accrued per
Annual
Allowable
Service
Pay Period
hours
Balance (hours
Less than 5
6.00
156.00
468.00
5 but less than 9
6.61
171.86
515.58
9 but less than 12
7.23
187.98
563.94
12 but less than 16
8.15
211.90
635.70
16 but less than 20
8.77
228.02
684.06
20 but less than 25
9.38
243.88
731.64
25 and over
10.00
260.00
780.00
Members shall accrue three (3) months (i.e., 39 hours) of Flex leave (as provided
in the chart above) upon completion of three (3) months of continuous employment
with the City of Newport Beach, provided however, this amount shall be reduced
by any Flex leave time advanced during the first three (3) months of employment.
At the completion of three months of employment, three (3) months of accrued
Flex leave will be placed in the employee's account.
1. Limit on Accumulation
Any flex leave earned in excess of this level will be paid on an hour
for hour basis in cash (spill over pay) at the employee's hourly rate
of pay. Members hired prior to July 1, 1996 shall be paid for earned
flex leave in excess of the maximum permitted accrual at the
member's hourly rate of pay provided that they have utilized at least
eighty (80) hours of flex leave the previous calendar year.
Employees accruing at the 16 years of continuous service level or
above shall be required to use 120 hours of flex leave the previous
calendar year to receive such excess pay. Employees who have not
utilized the required amount of leave the prior calendar year shall not
be eligible to accrue time above the maximum accrual limit.
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Employees first hired, or rehired by the City subsequent to July 1,
1996 shall not be eligible for flex leave spill over pay and shall not be
entitled to accrue flex leave in excess of the flex leave accrual
threshold.
2. Method of Use
The Department Director shall approve all requests for flex leave
taking into consideration the needs of the Department, and
whenever possible the wishes of the employee.
Holiday Leave
The following days shall be observed as paid holidays (i.e., employees shall
have the day off with pay) by all unit members. For each holiday, except the
Floating Holiday (where the employee chooses the day off), if an employee
is required to work on the holiday, they will receive their pay for the holiday
and in addition, either pay or Flex Leave for the number of hours worked on
the holiday.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Martin Luther King Day
Floating Holiday
July 4
1 st Monday in September
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 1/2 of working day
January 1
3rd Monday in February
Last Monday in May
3rd Monday in January
July 1St - 1 day*
*The floating holiday (eight (8) hours of holiday leave) is awarded on July 1.
The hours are added to employees' Flex Leave account.
Holidays are paid based on the employee's regular work day schedule. For
example, if an employee is on a 9/80 schedule and the holiday is observed
on a day that the employee is regularly scheduled to work 9 hours, the
employee is entitled to receive 9 hours of holiday pay. However, if an
employee is on a 9/80 schedule and the holiday is observed on a day that
the employee is regularly scheduled to work 8 hours, the employee is
entitled to receive 8 hours of holiday pay. Employees will receive 8 hours
of holiday pay annually for the Floating Holiday.
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1. Holidays listed above (except the floating holiday) occurring on a
Saturday shall be observed the preceding Friday. Holidays occurring on
a Sunday shall be observed the following Monday. (Half day holidays
shall be observed prior to the observed holiday).
2. Holiday pay will be paid only to employees who work their scheduled
day before and scheduled day after a holiday or are on authorized paid
leave (e.g. leave that has been reviewed and approved by the
Department Director).
3. In addition, for all employees an additional 8 hours of floating holiday will
be added to his/her vacation or flex leave accumulated total on the first
pay period in July each year.
C. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty
by an employee because of the death or terminal illness in his/her
immediate family." Unit members shall be entitled to five (5) working days
of bereavement leave per calendar year per incident (terminal illness
followed by death is considered one incident). Bereavement leave shall be
administered in accordance with the provisions of the Employee Policy
Manual. Leave hours need not be used consecutively, but should occur in
proximate time to the occurrence. For the purposes of this section,
immediate family shall mean an employee's father, mother, stepfather,
stepmother, brother, sister, spouse/domestic partner, child, stepchild,
grandparents and the employee's spouse's father, mother, brother, sister,
child and grandparents. 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.
D. Leave Sellback
During calendar year 2019, employees shall have the option (on two
occasions) of selling back on an hour for hour basis, accrued flex or
vacation leave. In no event shall the flex or vacation leave balance be
reduced below one hundred and sixty (160) hours. Hours sold back will be
subject to the Retiree Health Savings Plan Part C contributions, per Section
4 (F), Retiree Medical. For the term of this MOU the Association has elected
Part C contributions for Flex at 0%.
Effective in calendar year 2020 and thereafter, 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
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calendar year. The employee can elect to receive the cash out in the pay
period which includes June 30 and/or 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 one hundred and sixty (160) hours. On or before December 31,
2019, 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 one
hundred and sixty (160) hours when the leave is cashed out.
In addition to the above, starting in calendar year 2020, an employee who
has an "unforeseen emergency" (defined as an unanticipated emergency
that is caused by an event beyond the control of the employee and that
would result in severe financial hardship to the employee if early withdrawal
were not permitted) shall be entitled to make a request to the Director of
Human Resources for a payoff of accrued flex leave. The amount of flex
leave which may be paid off is limited to the amount necessary to meet the
emergency. If there is an unforseen emergency, an employee can cash out
Flex Leave earlier in the year than described above provided that the
remaining balance is not reduced below one hundred and sixty (160) hours.
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
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 association 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 contribution amounts listed below, the City shall
contribute the minimum CalPERS participating employer's
contribution towards medical insurance for employees enrolled in a
CalPERS medical plan, per Government Code Section 22892.
Employees shall have the option of allocating Cafeteria Plan
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contributions towards the City's existing medical, dental and vision
insurance/programs.
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 period.
The City's contribution towards the Cafeteria Plan is $1,725 (plus
the minimum CaIPERS participating employer's contribution).
NBPTEA members who do not enroll in any medical plan offered by
the City must provide evidence of group medical insurance
coverage, and execute an opt -out agreement releasing the City from
any responsibility or liability to provide medical insurance coverage
on an annual basis.
Employees hired prior to the first day of the pay period following City
Council approval of this 2019-2021 MOU who elect 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 $1,000.00 per
month in taxable cash. For these same employees, if they elect
medical coverage and spend less than the City contribution provided
above, those unused cafeteria plan funds shall be paid to the
employee as taxable cash.
Employees hired after the first day of the pay period following City
Council approval of this 2019-2021 MOU who elect 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) shall receive $500.00 per
month in taxable cash. For these same employees, if they elect
medical coverage and spend less than the City contribution provided
above, there shall be no cash back provided.
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.
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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. Healthcare Reform
The parties recognize that certain State and Federal laws, programs
and regulations, including the Affordable Care Act, may impact future
medical plan offerings. Either party may request to reopen Section
4,A,(2) regarding medical insurance for the purpose of discussing
alternative approaches and proposals to providing healthcare
coverage. In addition, should State or Federal laws concerning
taxation of healthcare benefits change, the parties agree to meet and
discuss the impact of such change.
B. Additional 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. An Association member may
request that medical, child care and other eligible expenses be paid
or reimbursed by the Section 125 Plan 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. Disabilitv Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the
following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount 66.67% of covered wages
66.67% of covered wages
Maximum Benefit $1,846 weekly
$15,000 monthly
Waiting Period 30 calendar days
180 calendar days
Employees shall pay one percent (1 %) of base salary as a post -tax
deduction for this benefit.
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.
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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 terminates 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. The Retirement Benefit
1. Retirement Formula
The City contracts with California Public Employees Retirement
System (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:
Tier 1: For employees hired by the City on or before November 23,
2012, the retirement formula shall be the 2.5% @ 55 calculated on
the basis of the single highest year.
Tier 2: For employees first hired by the City between November 24
and December 31, 2012, or hired on or after January 1, 2013 and
are current classic members of the retirement system, as defined in
the Public Employees' Pension Reform Act "PEPRA'), the retirement
formula shall be 2% @ 60 calculated on the average 36 highest
month's salary.
Tier 3: For employees first hired by the City on or after January 1,
2013, and who do not meet the Tier 2 criteria because they are new
members as defined by the PEPRA, the retirement formula shall be
2% @ 62 calculated on the average 36 highest month's salary.
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will
contribute additional amounts toward the PERS retirement benefit,
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to the extent permissible by law. Should any provision be deemed
invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions. Employees in each
Tier contribute 13% of pensionable pay toward the retirement
benefit.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution (of 7% or 8%) shall be calculated on
base pay, special pays, and other pays normally reported as
"PERSable" compensation, and will be made on a pre-tax basis
through payroll deduction, to the extent allowable by law. It is
recognized that these payments will not be reported to PERS as
contributions toward either the Member or Employer rate, as
provided under GC Section 20516(f).
Under a separate agreement, and ratified via a contract amendment
with CalPERS in 2008, Tier 1 employees shall contribute 2.42%
compensation earnable (as cost sharing) per Government Code
section 20516(a).
Tier 1 Tier 1 employees shall contribute a total employee
contribution of 13% as follows: Eight percent (8%) member
contribution, 2.42% of compensation earnable as cost sharing per
Government Code section 20516(a) and 2.58% of compensation
earnable as cost sharing per Government Code section 20516(0.
Tier 2 employees shall contribute a total employee contribution of
13% as follows: seven percent (7%) (compensation earnable)
member contribution and six percent (6%) of compensation earnable
as cost sharing per Government Code section 20516(17.
Tier 3 Employees: The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public
Employees Pension Reform Act of 2012 (PEPRA) and equals 50%
of the "total normal cost".
Tier 3 employees shall make an additional contribution of
pensionable compensation toward retirement pursuant to
Government Code Section 20516(f), for a total employee
contribution of 13% of pensionable compensation.
The City contracts with PERS for the 4t" Level 1959 Survivors Insurance
Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service
Credit, 2% Cost of Living Adjustment and the pre -retirement option
settlement 2 death benefit (Section 21548).
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E. LIUNA SUDDlemental Pension
The Association agrees to pay any costs and/or contributions associated
with its members' participation in the LIUNA Supplemental Pension Fund.
The City's sole obligation is to forward the agreed upon amount to the fund.
The City is not responsible for, nor does it make any representation
regarding the payment of benefits to unit members.
The emp/oyees'contributions to the LIUNA Supplemental Pension Fund are
deemed "picked -up" and treated as employer contributions. Employees
cannot opt out of the "pick-up," or receive the contributed amounts directly
instead of having them paid to the plan. Participation at the same level will
continue to be mandatory for members of the Association.
The Association agrees with the procedural change, and acknowledges that
members who leave City employment prior to vesting in the LIUNA pension
plan will still have no right to return of amounts contributed, or other
recourse against the City concerning LIUNA.
Effective the pay period following City Council approval of this MOU, unit
members agree to pick up whatever the actual costs and contributions are
required by LIUNA for participation in the LIUNA Supplemental Pension
Fund for as long as its members participate in the LIUNA Supplemental
Pension Fund. The parties are not precluded from discussing the LIUNA
Supplemental Pension in future labor negotiations.
The Association and LIUNA agree to defend, indemnify and hold harmless
the City for its actions pursuant to this section. This includes, but is not
limited to, any challenge by any member of the bargaining unit related to
making contributions to the Plan or receiving benefits from the Plan.
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, 2006.
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b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006 was less
than 50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program, i.e.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 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 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.
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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 Leave. 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. 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.
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
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.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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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 (i.e., the Ca1PERS 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:
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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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 per year, accruing at the rate of $400 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.
G. Tuition Reimbursement
NBPTEA members attending accredited community colleges, colleges,
trade schools or universities, or recognized professional organizations or
agencies 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 coursework, seminars or professional development
programs. The maximum annual benefit is$2,000 per fiscal year.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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0A
tuition reimbursement require the approval of the Human Resources
Director or designee.
SECTION 5. - Miscellaneous[Working Conditions
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.
DEFINITIONS
"Layoffs" or "Laid Off" shall mean the non -disciplinary termination or
employment.
2. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the employee
was first granted regular status in the current Classification or any
Classification within the Series, subject to the following:
(a) Credit shall be given only for continuous service subsequent
to the most recent appointment to regular status in the
Classification or Series; and
(b) Seniority shall include time spent on industrial leave, military
leave, and leave of absence without pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
3. "Classification" shall mean one or more full time positions identical or
similar in duties not including part-time, seasonal or temporary positions.
Classification within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
4. "Series" shall mean two or more classifications within a Department
which require the performance of similar duties with the higher ranking
classification (s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities
for subordinates. The City Manager shall determine those
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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23
classifications following a meet and consult process which constitute a
Series.
5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an
employee, based upon seniority within a series to bump into a lower
ranking classification within the same series, (2) to be followed by, an
employee being permitted to bump into a classification within a different
series. The latter bumping shall be based upon unit wide seniority and
shall be limited to a classification in which the employee previously held
regular status.
No employee shall have the right to bump into a classification for which
the employee does not possess the minimum qualifications such as
specialized education, training or experience.
PROCEDURE
In the event the City Manager determines to reduce the number of
employees within a classification, the following procedures are applicable:
1. Probationary employees within any classification shall, in that order, be
laid off before regu/aremployees.
2. Employees within a classification shall be laid off in inverse order of
seniority.
3. An employee subject to layoff in one classification shall have the right to
bump a less senior employee in a lower ranking classification within a
series. An employee who has bumping rights shall notify the
Department Director within three (3) working days after notice of layoff
of his/her intention to exercise bumping rights.
4. In the event two or more employees in the same classification are
subject to layoff and have the same seniority, the employees shall be
laid off following the Department Director's consideration of established
performance evaluations.
NOTICE
Employees subject to lay-off shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days' pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, and holiday
leave (if any).
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment
list in reverse order of layoff. The re-employment list shall expire in 18
months. In the event a vacant position occurs in the classification which the
employee occupied at the time of layoff, or a lower ranking classification
within a series, the employee at the top of the Department re-employment
list shall have the right within seven (7) days of written notice of
appointment. Notice shall be deemed given when personally delivered to
the employee or deposited in the U.S. Mail, first class postage prepaid, and
addressed to the employee at his or her last known address. Any employee
shall have the right to refuse to be placed on the re-employment list or the
right to remove his or her name from the re-employment list by sending
written confirmation to the Human Resources Director.
SEVERANCE
If an employee is laid off from their job with the City, for economic reasons,
the City will grant severance pay in an amount equal to one week of pay for
every full year of continuous employment service to the City of Newport
Beach, to a maximum of ten (10) weeks' severance pay.
B. Recruitment and Selection
Position vacancy announcements for available City positions shall be
distributed in a manner that reasonably assures unit members access to the
announcements. In order to select the most qualified individual for vacant
positions the City will continue its practice of "banding" candidates into one
of the following ratings: Outstanding, Highly Recommended,
Recommended, and Not Recommended, during the testing process.
Department Directors review qualified candidates in band order, beginning
with the top band and are permitted to hire any eligible candidate from the
list (minimum rating of Recommended).
Where no less than 2 unit members achieve top three ranking on a certified
eligible list, selection to the position shall be made with preference given to
the unit members so qualified.
C. 9/80 Scheduling Plan
Employees in the unit work a 9/80 or 5/40 work schedule.
Employees assigned to the 9/80 work schedule will have alternating Fridays
off with the City determining which employees will work on each alternating
Friday to ensure effective coverage of the work.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
25
The City agrees to maintain flex -scheduling where it is currently operating
successfully in this unit.
D. Labor Management Committee
The City will work with NBPTEA leadership, through its managers, to
establish labor-management committees departmentally whenever it is
mutually determined it is appropriate to do so.
E. Grievance Procedure
Any employee or group of employees may file a grievance regarding the
interpretation or application of the "Employer -Employee Relations
Resolution" (RESOLUTION 2001-50), this MOU, or of rules and regulations,
adversely affecting an employee's wages, hours, or conditions of
employment. Except as otherwise provided by law, the Grievance
Procedure is the sole and exclusive method by which an employee or the
Association may challenge a provision of this MOU.
A grievance shall be filed according to the following procedure:
Step 1: A grievance may be filed by any employee on his/her own behalf,
or jointly by a group of employees, or by the Association.
A grievance shall be brought to the attention of the immediate supervisor
for discussion within ten (10) days after an employee or Association Board
member knew, or in the exercise of reasonable diligence should have
known, the act or events upon which the grievance is based. If the
Employee or the Association (if filed by the Association is not satisfied with
the decision reached through the informal discussion or if extenuating
circumstances exist, the Employee or Association shall have the right to file
a formal grievance in accordance with Step 2 of this section. Grievances
not presented within the time period shall be considered resolved.
The supervisor shall meet with the grievant to settle grievance and give a
written answer to the grievant within seven (7) calendar days from receipt
of the grievance by the supervisor. When the immediate supervisor is also
the department head the grievance shall be presented in Step 2.
Step 2: If the employee or the Association (if filed by the Association) is not
in agreement with the decision rendered in Step 1, the grievant shall have
the right to present a formal grievance to the Department Director within ten
(10) Days after the discussion in Step 1. The right to file a grievance petition
shall be waived in the event the Employee orAssociation fails to file a formal
grievance within ten (10) Days after the occurrence of the incident that
forms the basis of the grievance. All formal grievances shall be submitted
on the form prescribed by the Human Resources Director and no formal
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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26
grievance shall be accepted until the form is complete. The formal grievance
shall contain a clear, concise statement of the grievance, the facts upon
which the grievance is based, the rule, regulation or policy the interpretation
of which is involved in the grievance, and the specific remedy or remedies
sought by the grievant. The Department Director should render a written
decision within ten (10) Days after receipt of the formal grievance.
Step 3: If the formal grievance has not been satisfactorily adjusted in Step
2, it may be appealed to the City Manager within ten (10) Days after the
Employee receives the decision. The City Manager may accept or reject the
decision of the Department Director and shall render a written decision
within ten (10) Days after conducting a grievance hearing. The decision of
the City Manager shall be final and conclusive. If mutually agreeable, a
meeting may be conducted involving all affected parties at any step in the
grievance procedure prior to a decision. The City Manager may delegate
uninvolved Department Directors to act on behalf of the City Manager to
provide findings and recommendations. The findings and recommendations
of the uninvolved Department Directors are advisory only and the City
Manager's decision shall be final.
Time Limits: Grievances shall be processed from one step to the next within
the time limit indicated for each step. Time limits shall be strictly enforced.
Any time limits can be waived or extended only by mutual agreement
confirmed in writing. Any grievance not carried to the next step by the
Employee or Association within the prescribed time limit shall be deemed
resolved upon the basis of the previous decision.
F. Probation
1. Probationary Period
Newly hired employees shall serve a twelve (12) month probationary
period. The probationary period for promoted employees shall be
six (6) months.
Newly hired employees shall become eligible for their first step
increase after twelve (12) months. All other City rules regarding step
increases shall remain unchanged.
2. Failure of Probation
(a) New Probation
An employee on new probation may be released at the sole
discretion of the City at any time without right of appeal or
hearing, except as provided in (c), below.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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(b)
0A
Promotional Probation
An employee on promotional probation may be failed at any
time without right of appeal or hearing, except as provided in
(c), below, and except that failing an employee on promotional
probation must not be arbitrary, capricious or unreasonable.
An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of
promotional probation.
When an employee fails his or her promotional probation, the
employee shall have the right to return to his or her former
class provided the employee was not in the previous class for
the purpose of training for a promotion to a higher class.
When an employee is returned to his or her former class, the
employee shall serve the remainder of any uncompleted
probationary period in the former class.
If the employee's former class has been deleted or abolished,
the employee shall have the right to return to a class in his or
her former occupational series closest to, but no higher than,
the salary range of the class which the employee occupied
immediately prior to promotion and shall serve the remainder
of any probationary period not completed in the former class.
G. Salary on Reclassification
An employee who is reclassified will be provided with a salary increase to
the nearest step closest to five (5%) percent (not to exceed the maximum of
the new salary range).
H. Direct Deposit
All employees shall participate in the payroll direct deposit system.
I. Uniforms
For assigned Community Development and Public Works Department staff
whose regular daily duties involve field work outside of the office, uniforms
shall be worn at all times during regular business hours. Field staff shall be
provided with City designated collared shirts (polo or button down as
determined by Department) annually and one City designated winter jacket;
replacement on an as -needed basis. In addition, inspections staff (Building
and Public Works) will be provided one pair of work boots annually. If the
provided winter jacket or work boots are lost, the employee shall replace
them with one meeting Department specifications. Work boots shall provide
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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28
toe protection and meet Department safety standards for construction
sites. The Department Head or designee may approve exceptions to
wearing uniforms.
J. Separability
Should any part of this MOU or any provision herein contained be rendered
or declared invalid, by reason of any existing or subsequently enacted
Legislation, or by decree of a Court of competent jurisdiction, such
invalidation of such part or portion of this MOU shall not invalidate the
remaining portion hereto, and same shall remain in full force and effect.
Signatures are on the next page.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
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29
Executed this day of , 2019.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION:
ATTEST:
Leilani Brown, City Clerk
Ryan Stadlman, President
CITY OF NEWPORT BEACH:
m
Diane B. Dixon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
Peter Brown, Special Counsel
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21
4-85
Exhibit A.1
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2019 - December 31, 2021
2.0% Cost of Living Adjustment March 16, 2019
HOURLY PAY RATE 1 MONTHLY PAY RATE Z
REPRESENTED POSITIONS MIN MAX MIN MAX
Accountant
$32.50
$45.66
$5,634
$7,915
Accountant, Sr.
$37.33
$52.54
$6,471
$9,106
Assistant Planner
$31.29
$44.06
$5,423
$7,638
Associate Planner
$34.49
$48.52
$5,978
$8,410
Building Inspector 1
$32.06
$45.11
$5,557
$7,819
Building Inspector 11
$34.44
$48.49
$5,970
$8,405
Building Inspector, Principal
$40.83
$57.45
$7,077
$9,957
Building Inspector, Sr.
$37.04
$52.13
$6,420
$9,036
Civil Engineer
$45.11
$63.51
$7,819
$11,009
Civil Engineer, Associate
$40.94
$57.65
$7,097
$9,992
Civil Engineer, Associate + 5%
$43.02
$60.49
$7,456
$10,485
Civil Engineer, Jr.
$37.04
$52.15
$6,420
$9,040
Civil Engineer, Jr. + 5%
$38.87
$54.70
$6,737
$9,481
Civil Engineer, Sr.
$49.70
$69.91
$8,615
$12,118
Code Enforcement Officer 1
$27.20
$38.27
$4,714
$6,634
Code Enforcement Officer 11
$31.29
$44.06
$5,423
$7,638
Code Enforcement Officer, Sr.
$35.22
$49.55
$6,104
$8,588
Code Enforcement Officer, Trainee
$22.67
$31.90
$3,930
$5,529
Code Enforcement Supervisor
$40.83
$57.45
$7,077
$9,957
Construction Inspection Supervisor
$40.83
$57.45
$7,077
$9,957
EMP 3 Plans Examiner
$43.02
$60.49
$7,456
$10,485
Engineering Technician
$28.36
$39.97
$4,917
$6,928
Engineering Technician, Sr.
$31.29
$44.06
$5,423
$7,638
Harbor Supervisor
$41.48
$58.32
$7,190
$10,108
Harbor Technician 1
$24.56
$34.55
$4,257
$5,989
IT Analyst
$36.74
$51.68
$6,368
$8,957
IT Analyst, Sr.
$40.80
$57.38
$7,072
$9,946
IT Specialist III
$34.08
$47.95
$5,907
$8,311
IT Technician
$24.36
$34.27
$4,222
$5,940
IT Technician, Sr.
$29.24
$41.13
$5,068
$7,129
Management Assistant
$32.10
$45.19
$5,565
$7,833
Permit Counter Supervisor
$34.41
$48.43
$5,964
$8,395
Permit Technician 1
$27.05
$38.01
$4,689
$6,588
Permit Technician II
$31.29
$44.06
$5,423
$7,638
Planning Technician
$28.45
$40.05
$4,932
$6,942
Public Works Inspector 1
$32.06
$45.11
$5,557
$7,819
Public Works Inspector II
$34.44
$48.49
$5,970
$8,405
Public Works Inspector, Sr.
$37.04
$52.13
$6,420
$9,036
Real Property Administrator
$40.83
$57.45
$7,077
$9,957
Revenue Auditor
$34.88
$49.10
$6,047
$8,510
Senior Planner
$41.48
$58.32
$7,190
$10,108
Traffic Engineering Technician
$32.10
$45.19
$5,565
$7,833
Traffic Engineering Technician, Sr.
$33.70
$47.45
$5,842
$8,225
Water Conservation Coordinator
$35.93
$50.58
$6,228
$8,768
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
30
:.
Exhibit A.2
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2019 - December 31, 2021
2.0% Cost of Living Adjustment January 1, 2020
HOURLY PAY RATE 1 MONTHLY PAY RATE Z
REPRESENTED POSITIONS MIN MAX MIN MAX
Accountant
$33.15
$46.58
$5,746
$8,073
Accountant, Sr.
$38.08
$53.59
$6,601
$9,289
Assistant Planner
$31.91
$44.95
$5,532
$7,791
Associate Planner
$35.18
$49.49
$6,097
$8,579
Building Inspector 1
$32.70
$46.01
$5,668
$7,976
Building Inspector 11
$35.13
$49.46
$6,090
$8,573
Building Inspector, Principal
$41.65
$58.60
$7,219
$10,157
Building Inspector, Sr.
$37.78
$53.17
$6,548
$9,216
Civil Engineer
$46.01
$64.78
$7,976
$11,229
Civil Engineer, Associate
$41.76
$58.80
$7,239
$10,192
Civil Engineer, Associate + 5%
$43.88
$61.70
$7,605
$10,695
Civil Engineer, Jr.
$37.78
$53.19
$6,548
$9,220
Civil Engineer, Jr. + 5%
$39.65
$55.79
$6,872
$9,671
Civil Engineer, Sr.
$50.70
$71.31
$8,787
$12,361
Code Enforcement Officer 1
$27.74
$39.04
$4,808
$6,766
Code Enforcement Officer 11
$31.91
$44.95
$5,532
$7,791
Code Enforcement Officer, Sr.
$35.92
$50.54
$6,226
$8,760
Code Enforcement Officer, Trainee
$23.13
$32.53
$4,008
$5,639
Code Enforcement Supervisor
$41.65
$58.60
$7,219
$10,157
Construction Inspection Supervisor
$41.65
$58.60
$7,219
$10,157
EMP 3 Plans Examiner
$43.88
$61.70
$7,605
$10,695
Engineering Technician
$28.93
$40.77
$5,015
$7,067
Engineering Technician, Sr.
$31.91
$44.95
$5,532
$7,791
Harbor Supervisor
$42.31
$59.48
$7,334
$10,311
Harbor Technician 1
$25.05
$35.25
$4,342
$6,109
IT Analyst
$37.47
$52.71
$6,495
$9,136
IT Analyst, Sr.
$41.61
$58.53
$7,213
$10,145
IT Specialist III
$34.76
$48.91
$6,025
$8,477
IT Technician
$24.85
$34.95
$4,307
$6,059
IT Technician, Sr.
$29.82
$41.95
$5,169
$7,272
Management Assistant
$32.75
$46.09
$5,676
$7,989
Permit Counter Supervisor
$35.10
$49.40
$6,084
$8,563
Permit Technician 1
$27.59
$38.77
$4,783
$6,720
Permit Technician II
$31.91
$44.95
$5,532
$7,791
Planning Technician
$29.02
$40.85
$5,030
$7,081
Public Works Inspector 1
$32.70
$46.01
$5,668
$7,976
Public Works Inspector II
$35.13
$49.46
$6,090
$8,573
Public Works Inspector, Sr.
$37.78
$53.17
$6,548
$9,216
Real Property Administrator
$41.65
$58.60
$7,219
$10,157
Revenue Auditor
$35.58
$50.08
$6,168
$8,680
Senior Planner
$42.31
$59.48
$7,334
$10,311
Traffic Engineering Technician
$32.75
$46.09
$5,676
$7,989
Traffic Engineering Technician, Sr.
$34.38
$48.40
$5,959
$8,389
Water Conservation Coordinator
$36.65
$51.60
$6,353
$8,943
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
31
4-87
Exhibit A.3
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2019 - December 31, 2021
2.0% Cost of Living Adjustment January 1, 2021
HOURLY PAY RATE 1 MONTHLY PAY RATE Z
REPRESENTED POSITIONS MIN MAX MIN MAX
Accountant
$33.82
$47.51
$5,861
$8,235
Accountant, Sr.
$38.84
$54.66
$6,733
$9,474
Assistant Planner
$32.55
$45.84
$5,642
$7,946
Associate Planner
$35.88
$50.48
$6,219
$8,750
Building Inspector 1
$33.36
$46.93
$5,782
$8,135
Building Inspector 11
$35.84
$50.45
$6,211
$8,744
Building Inspector, Principal
$42.48
$59.77
$7,363
$10,360
Building Inspector, Sr.
$38.53
$54.23
$6,679
$9,401
Civil Engineer
$46.93
$66.08
$8,135
$11,454
Civil Engineer, Associate
$42.60
$59.97
$7,383
$10,396
Civil Engineer, Associate + 5%
$44.75
$62.94
$7,757
$10,909
Civil Engineer, Jr.
$38.53
$54.26
$6,679
$9,405
Civil Engineer, Jr. + 5%
$40.44
$56.91
$7,009
$9,864
Civil Engineer, Sr.
$51.71
$72.74
$8,963
$12,608
Code Enforcement Officer 1
$28.29
$39.82
$4,904
$6,902
Code Enforcement Officer 11
$32.55
$45.84
$5,642
$7,946
Code Enforcement Officer, Sr.
$36.64
$51.55
$6,351
$8,935
Code Enforcement Officer, Trainee
$23.59
$33.18
$4,089
$5,752
Code Enforcement Supervisor
$42.48
$59.77
$7,363
$10,360
Construction Inspection Supervisor
$42.48
$59.77
$7,363
$10,360
EMP 3 Plans Examiner
$44.75
$62.94
$7,757
$10,909
Engineering Technician
$29.51
$41.59
$5,115
$7,208
Engineering Technician, Sr.
$32.55
$45.84
$5,642
$7,946
Harbor Supervisor
$43.16
$60.67
$7,481
$10,517
Harbor Technician 1
$25.55
$35.95
$4,429
$6,231
IT Analyst
$38.22
$53.76
$6,625
$9,319
IT Analyst, Sr.
$42.45
$59.70
$7,357
$10,348
IT Specialist III
$35.46
$49.88
$6,146
$8,647
IT Technician
$25.34
$35.65
$4,393
$6,180
IT Technician, Sr.
$30.42
$42.79
$5,272
$7,417
Management Assistant
$33.40
$47.02
$5,790
$8,149
Permit Counter Supervisor
$35.80
$50.39
$6,205
$8,734
Permit Technician 1
$28.14
$39.54
$4,878
$6,854
Permit Technician II
$32.55
$45.84
$5,642
$7,946
Planning Technician
$29.60
$41.67
$5,131
$7,222
Public Works Inspector 1
$33.36
$46.93
$5,782
$8,135
Public Works Inspector II
$35.84
$50.45
$6,211
$8,744
Public Works Inspector, Sr.
$38.53
$54.23
$6,679
$9,401
Real Property Administrator
$42.48
$59.77
$7,363
$10,360
Revenue Auditor
$36.29
$51.08
$6,291
$8,854
Senior Planner
$43.16
$60.67
$7,481
$10,517
Traffic Engineering Technician
$33.40
$47.02
$5,790
$8,149
Traffic Engineering Technician, Sr.
$35.07
$49.37
$6,078
$8,557
Water Conservation Coordinator
$37.38
$52.63
$6,480
$9,122
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
32
Eff-11-1
33
Exhibit BA
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
All Represented Professional and Technical Positions
ICC Permit Technician *
$70
ICC or CA Residential Building Inspector
$75
ICC or CA Residential Electrical Inspector
$75
ICC or CA Residential Plumbing Inspector
$75
ICC or CA Residential Mechanical Inspector
$75
ICC or CA Commercial Building Inspector
$75
ICC or CA Commercial Electrical Inspector
$75
ICC or CA Commercial Plumbing Inspector
All represented Prof Tech Positions from the Building
$75
ICC or CA Commercial Mechanical Inspector
Division, Code Enforcement, and Public Works
$75
California Access Specialist (CASP)
Department, not specifically covered in MOU.
$100
ICC California Building Plans Examiner
$85
ICC Building Plans Examiner
$85
ICC Electrical Plans Examiner *
$85
ICC Mechanical Plans Examiner *
$85
ICC Plumbing Plans Examiner *
$85
Residential Fire Sprinkler Inspector/Plans
$75
Examiner
City Manager's Office -- Information Technology (IT)
IT Analyst
Geographic Info. System Professional (GISP)
$75
IT Technician
Cisco Cert. Entry Networking Tech. (CCENT)
IT Specialist I/II/III
$85
Cisco Certified Network Associate (CCNA)
IT Specialist 1/11/III
$85
MS Certified Technology Specialist (MCTS)
IT Specialist 1/II/III
$75
MS Certified Systems Administrators (MCSA)
IT Specialist 1/11/III
$85
MS Certified Systems Engineers (MCSE)
IT Specialist 1/II/III
$75
MS Certified Professional (MCP)**
IT Specialist 1/11/111
$75
CompTIA A+
IT Specialist 1/II/III
$75
CompTIA Network+
IT Specialist 1/11/111
$75
Virtual Infrastructure Professional (VIP) or
IT Specialist 1/II/III
$75
VMWare Certified Professional VCP
Land Surveyor in Training (LSIT)** or
IT Analyst
$75
Fundamental of Surveying (FS)**
;.
34
I 4N PH PTV :11K
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
Public Works & Building Division
Building Inspector 1/11
Building Inspector, Sr.
$750 1x Payment for
CalGreen Plans Examiner
Building Inspector, Principal
attainment and upon
CalGreenlnspector
Civil Engineer, Plan Check Series (Asst, Assoc & Sr)
renewal
EMP Plans Examiner
$1,000 1x Payment
PW Inspector 1/II
Certified Public Infrastructure Inspector
for attainment and
PW Inspector, Sr.
upon renewal
Building Inspector
Building Inspector, Principal
Building Inspector, Senior
Prestressed Concrete Special Inspector**
$75
Construction Inspector Supervisor
PW Inspector, 1/II
PW Inspector, Senior
Building Inspector
Building Inspector, Principal
Building Inspector, Senior
Reinforced Concrete Special Inspector**
$75
Construction Inspector Supervisor
PW Inspector, 1/II
PW Inspector, Senior
Building Inspector
Building Inspector, Principal
Building Inspector, Senior
Structural Masonry Special Inspector**
$75
Construction Inspector Supervisor
PW Inspector, 1/II
PW Inspector, Senior
Civil Engineer, Associate
Traffic Engineer
Civil Engineer, Junior
$85
Civil Engineer, Senior (rev 2/29/08)
..8
35
MPHPTIM
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
Code Enforcement and Water Conservation
Code Enforcement Officer
Certified Code Enforcement Officer (CACEO)
Code Enforcement Officer, Sr.
$65
Water Conservation Coordinator
Planning Division
Planner, Assistant
Exam fee payment
Planner, Associate
(1x) up to $495;
AICP Exam Fee
Planner, Senior
refundable if APA
application is
Planning Technician
refected
Certificates Sunsetted MOU TERM 2019-2021
Certified Arborist
Certified Commercial Pesticide Applicator
Certificate in Investigative Interview and Interrog Techniques (BATT)
American Institute of Certified Planners (AICP)
* Additional certificates to sunset (as above) per the 2015-18 MOU
**Only those unit members receiving the certificate pay at the time of the 2012 - 2015 MOU are eligible for the benefit.
Certificates will "sunset" upon certificate lapse or employee separation.
4-91
ATTACHMENT G
Newport Beach Professional & Technical Employees Association Proposal from City dated 1/28/19: Three-year contract with 2% COLA each Jan; Employee pays for
supplemental retirement program; cafeteria opt out $500/month for new hires and no cash in lieu for new hires; $2,700 non-PERSable bonus paid at start of contract
sg,2/14/19
79 Authorized Full-time Miscellaneous Employees
4-92
2.0%
2.0%
2.0%
Cost of
FY 19 Budget
COLA Yr 1
COLA Yr 2
COLA Yr 3
Increases
Base Pay'
8,004,227
123,142
323,371
489,923
936,435
Supplemental Pay
Certification Pay
60,703
-
-
-
-
Bilingual Pay
5,400
Subtotal 66,103
-
-
-
Pension Contribution Z
Pension Normal Cost (16.212%)
1,286,048
19,375
50,880
77,085
147,340
Pension Unfunded Actuarial Liability (21.480%)
1,733,507
26,451
69,460
105,235
201,146
Subtotal 3,019,555
45,826
120,340
182,321
348,487
Other City Paid Benefits
MediCare (mandatory payment of 1.45%)
151,646
4,218
4,828
7,314
16,360
Compensated Absences
283,531
4,310
11,318
17,147
32,775
Cafeteria Plan
1,739,088
-
-
-
-
New Hires - No Opt Out & Cash In Lieu @ $500/month 3
-
(49,366)
(82,368)
(100,560)
(232,294)
Employee Assistance Program (EAP)
1,640
Smartphone Allowance (35 employees)
27,300
Life Insurance (policy based on annual base pay with cap of $50,000)
7,235
-
-
-
-
Tuition Reimbursement (based on Fiscal Year 2018 actual) °
2,000
500
500
500
1,500
Retiree Health Savings (Post Employment Healthcare Contribution)
88,168
-
-
-
-
Supplemental Retirement Program
113,789
28,447
28,447
One-time non-PERSable lump sum payment of $2,700 per EE
-
213,300
213,300
Subtotal 2,414,397
201,409
(65,722)
(75,598)
60,088
Offset - Employee Pick Up of PERS Pension Costs (13.0%)
(1,061,703)
(16,008)
(42,038)
(63,690)
(121,737)
Subtotal (1,061,703)
(16,008)
(42,038)
(63,690)
(121,737)
Overtime pays
Overtime (based on 2017 actual hours = 2,669.5)
237,155
3,649
9,581
14,516
27,745
Standby (based on 2017 actual hours = 3,297)
9,891
Subtotal 247,046
3,649
9,581
14,516
27,745
Total 12,689,625
358,017
345,531
547,471
1,251,019
Salary Increase Only
1.54%
4.04%
6.12%
Total Comp Increase Only
1 2.82%
1 2.72%
1 4.31%
' Original estimate is based on FY 2019 budget.
Z This unit has 46 Tier 1 members; 8 Tier 2 member, and 25 Tier 3 members.
3 Over the last 3 years, there have been 6 new hires each year. Only 10 of the 18 new
hires have opted out. Savings based on 5 new hires & 1 opt out
in Year 1; 7 new hires & 1 opt out in Year 2; and 9 new hires & 1 opt out in Year 3.
° This unit has had 1 member use the current maximum tuition reimbursement. Usage in FY 17 was also limited to 1 member.
Note: Year 1 start is tentatively 3/16/19 based on Council authorization at the 3/12/19 Council meeting.
4-92