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HomeMy WebLinkAbout05 - MOU with Newport Beach Fire Management Association (NBFMA)PORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN June 25, 2019 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov Barbara J. Salvini, Human Resources Director - 949-644-3259, bsalvini@newportbeachca.gov PREPARED BY: Barbara J. Salvini, Human Resources Director, bsalvini@newportbeachca.gov PHONE: 949-644-3259 TITLE: Resolution No. 2019 -57: Adopting a Memorandum of Understanding with the Newport Beach Fire Management Association (NBFMA) ABSTRACT: A Tentative Agreement regarding a Memorandum of Understanding (MOU) between the City and the Newport Beach Fire Management Association (NBFMA or Association) was submitted at the regular meeting on June 11, 2019 to provide the City Council and the community with an opportunity to consider the terms and costs of the agreement. The proposed MOU is now presented for City Council approval/adoption (or rejection) and is the final step in the meet and confer process with the NBFMA. 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. 2019-57, 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 Fire Management Association; and c) Authorize Finance Department staff to post an administrative budget amendment in Fiscal Year 2019-20 in the amount of $26,939 to provide funding for the first twelve months of the NBFMA contract. FUNDING REQUIREMENTS: The cost estimate of the successor MOU with the NBFMA was provided with the Tentative Agreement (Agreement) at the June 11, 2019 meeting. There is no fiscal impact related to this item for fiscal year 2018-19. A budget amendment authorizing the Finance Department staff to post an administrative budget amendment in Fiscal Year 2019-20 in the amount of $26,939 is required. The fiscal impact of the NBFMA contract is estimated at $163,308 for the entire three-year term of the contract as shown in Attachment B. 5-1 Resolution No. 2019-57: Adopting a Memorandum of Understanding with the Newport Beach Fire Management Association (NBFMA) June 25, 2019 Page 2 DISCUSSION: The following discussion was provided, in part, with the June 11, 2019 staff report and is included here for reference: The Newport Beach Fire Management Association (NBFMA or Association) is an exclusively recognized bargaining unit and represents four (4) employees, all Battalion Chiefs. Positive and productive discussions between the Association and City in anticipation of the June 30, 2019 expiration of the current MOU have resulted in a proposed successor Agreement. Salient provisions of the Agreement include: • Term of three (3) years, from July 1, 2019 through June 30, 2022 • Wage adjustments ✓ July 1, 2019 — 2.0% ✓ July 1, 2020 — 2.0% ✓ July 1, 2021 — 2.0% • Increased employee contributions to CalPERS. ✓ July 1, 2019 — 0.5% ✓ July 1, 2020 — 0.5% ✓ July 1, 2021 — 0.5% • Revisions to the Cafeteria Plan for new employees • City contributions to individual employee deferred compensation accounts ✓ July 1, 2019 - $21.67 per pay period ✓ July 1, 2020 — a total of $43.35 per pay period ✓ July 1, 2021 — a total of $65.02 per pay period On April 10, 2019, the City was notified that in accordance with their ratification procedures, the majority of FMA members voted to approve the Agreement. The Agreement will not become effective, per Government Code §3505.1, until the governing body, i.e., City Council, takes action to adopt it. If the City Council approves adoption of a successor MOU, Human Resources staff will work to implement the provisions as soon as practicable. 5-2 Resolution No. 2019-57: Adopting a Memorandum of Understanding with the Newport Beach Fire Management Association (NBFMA) June 25, 2019 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2019-57 Attachment B — Exhibit A to Attachment A (NBFMA MOU) Attachment C — Estimated Cost of Contract with NBFMA 5-3 ATTACHMENT A RESOLUTION NO. 2019- 57 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 FIRE MANAGEMENT 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 Fire Management Association ("NBFMA"), a recognized employee organization, for the term of July 1, 2018 through June 30, 2019 ("2018 MOU"); WHEREAS, representatives from the City and the NBFMA 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 NBFMA ("Memorandum of Understanding") attached hereto as Exhibit A and incorporated herein by this reference; WHEREAS, the NBFMA ratified said Tentative Agreement on April 10, 2019; 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, WHEREAS, the City Manager has reviewed the salary schedule for employees represented by the NBFMA provided in this resolution and recommends approval; WHEREAS, the City Council received and considered the Tentative Agreement at its regular meeting on June 11, 2019; 5-4 Resolution No. 2019 - Page 2 of 3 WHEREAS, the City Council received and considered the Memorandum of Understanding at its regular meeting on June 25, 2019; WHEREAS, by adopting this resolution, the City Council intends to amend the salary schedule for employees represented by the NBFMA so as to be in conformance with the Memorandum of Understanding, effective July 1, 2019; and WHEREAS, by adopting this resolution, the City Council also desires to replace the 2018 MOU, by adopting the Memorandum of Understanding attached hereto as Exhibit A to serve as the successor agreement between the City and the NBFMA for the period of July 1, 2019 through June 30, 2022. 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 NBFMA shall be provided in accordance with the provisions of the Memorandum of Understanding attached hereto as Exhibit A, which shall serve as the successor agreement between the City and the NBFMA for the period of July 1, 2019 through June 30, 2022. Section 2: The City's Salary Schedule shall be modified effective July 1, 2019, to be consistent with this resolution. Section 3: Effective July 1, 2019, 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 NBFMA, 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. 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. 5-5 Resolution No. 2019 - Page 3 of 3 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQX) 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, Division 6, 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 25th day of .tune, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE .,.� C C�— Aaron C. Harp City Attorney Attachment: Exhibit A — Memorandum of Understanding 5-6 Exhibit A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION July 1, 2019 through June 30, 2022 [THE FULL TEXT OF THIS DOCUMENT IS ATTACHMENT B TO THE STAFF REPORT] 5-7 ATTACHMENT B MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH ►k THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION July 1, 2019 through June 30, 2022 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION July 1, 2019 through June 30, 2022 TABLE OF CONTENTS Preamble Section 1. GENERAL PROVISIONS Recognition..................................................................................................................... 1 Term............................................................................................................................... 1 Scope............................................................................................................................. 2 BulletinBoards................................................................................................................ 2 Conclusiveness............................................................................................................... 2 Modifications................................................................................................................... 3 Savings........................................................................................................................... 3 Impasse........................................................................................................................... 3 Definitions....................................................................................................................... 3 Section 2. COMPENSATION Salary............................................................................................................................. 4 SalaryDifferential............................................................................................................ 4 Overtime — Hours Worked............................................................................................... 4 RequiredUniform............................................................................................................ 5 Scholastic/Certificate Achievement Pay.......................................................................... 6 BilingualPay................................................................................................................... 6 CourtStandby Pay.......................................................................................................... 7 Compaction Adjustment.................................................................................................. 7 Section 3. LEAVES FlexLeave....................................................................................................................... 7 HolidayTime................................................................................................................... 8 Bereavement Leave....................................................................................................... 9 JuryDuty......................................................................................................................... 9 FamilySick Leave......................................................................................................... 10 Worker's Compensation Leave..................................................................................... 10 Reassignment............................................................................................................... 10 EarlyRelief.................................................................................................................... 10 5-9 Section 4. FRINGE BENEFITS Insurance...................................................................................................................... 10 Additional Health Insurance/Programs.......................................................................... 12 Employee Assistance Program..................................................................................... 13 PERSRetirement Benefits............................................................................................ 13 Defined Contribution Plan............................................................................................. 15 RetireeMedical Benefit................................................................................................. 15 Deferred Compensation................................................................................................ 19 TuitionReimbursement................................................................................................. 20 Annual Physical Examinations...................................................................................... 20 Physical Conditioning Equipment/Apparel..................................................................... 21 Section 5. MISCELLANEOUS PROVISIONS Reductions in Force/Layoffs.......................................................................................... 21 Fire Suppression Staffing Levels................................................................................... 23 Staff Assignment Schedule........................................................................................... 23 ConsecutiveShifts......................................................................................................... 23 Requirement to Live Within 150 Miles of City Limits ...................................................... 24 Exhibit A: Represented Classifications and Pay Rates ................................................. 26 5-10 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 1. The Newport Beach Fire Management Association ("NBFMA" or "Association"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal 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. This MOU, upon approval by NBFMA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. GENERAL PROVISIONS A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFMA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBFMA. B. Term 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2019. This MOU shall remain in full force and effect through June 30, 2022, 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 any conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement such as, or similar to, this MOU. 1 NBFMA MOU 2019-2022 5-11 C. Scope 1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation. The parties agree to meet and confer changes to department SOP, rule, or regulation if such proposed change materially impacts any matter within the scope of representation. 2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non-exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. D. Bulletin Boards 1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFMA business, meetings, or events. All materials posted on bulletins boards by the NBFMA shall indicate that the NBFMA posted it. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of any protected class under the law or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. 2. Material posted and messages sent through electronic mail (E -Mail) shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of any protected class under the law or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E -Mail may be used for Association business on a limited basis and consistent with Department Policy. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 2 NBFMA MOU 2019-2022 5-12 F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that NBFMA members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith. H. Impasse In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution. Upon request by the Association the parties will engage in non-binding fact finding pursuant to State law. I. Definitions For the purposes of this MOU these terms shall have the following meanings: 1. The term "member" or "NBFMA member" shall mean all persons within classifications represented by NBFMA. 2. The term "staff employee" shall mean any NBFMA member who is assigned to work a 40 -hour workweek. 3. The term "line employee" shall mean any NBFMA member assigned to work an average 56 -hour workweek in 24-hour shift increments. 4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority. 3 NBFMA MOU 2019-2022 5-13 SECTION 2. COMPENSATION A. Salary 1. Guaranteed Salary The salary for the position of Fire Battalion Chief shall maintain at least a 9.5% salary differential between the top step of Fire Captain and the bottom step of the Fire Battalion Chief. Adjustments to the salary of Battalion Chief shall be reflected in corresponding adjustments to other positions represented by NBFMA necessary to maintain the salary differentials listed in Exhibit A. 2. Salary Adjustments — this MOU Period Base salary increases for all NBFMA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the payroll period that includes July 1, 2019 there shall be abase salary increase of two percent (2%) for all represented classifications. 2. Effective the payroll period that includes July 1, 2020, there shall be a base salary increase of two percent (2%) for all represented classifications. 3. Effective the payroll period that includes July 1, 2021, there shall be a base salary increase of two percent (2%) for all represented classifications. B. Salary Differential Staff Battalion Chiefs shall receive an additional 7.5% of base pay over Line Battalion Chiefs. This does not apply to modified/light duty assignments. C. Overtime -Hours Worked 1. The City and Association agree that all unit classifications are properly exempted from the overtime provisions of the Fair Labor Standards Act. However, NBFMA members may be required to work additional floor shifts in excess of their regular work schedule. Off-duty employees in the Battalion Chief classification who are assigned by the Fire Chief or designee to additional fire suppression work shift for an emergency assignment, or to replace another Battalion Chief who is on an approved leave, will receive overtime pay equal to one -and -one-half times' the employees base rate of pay. Use of Flex Leave, Comp Time, or other paid leaves are not considered hours worked for the purpose of determining overtime eligibility. Regular staff meetings or other assignments will not be eligible for overtime at the 1'/2 rate and shift exchanges between two Battalion Chiefs do not qualify for overtime compensation. 4 NBFMA MOU 2019-2022 5-14 2. Strike Team Actions. In the event that a Unit employee is assigned to provide fire suppression services as part of a regional, state, or federal strike team organized by State or Federal officials and when all of the below Conditions exist, that Unit employee shall be paid at the time and one-half (1'/2) 56 -hour rate. The conditions are: • The Unit employee is working outside of his or her regularly scheduled hours; • The Strike Team is operating outside of the city limits; • The Unit employee is on duty on the Strike Team for more than eight (8) hours; • A disaster declaration has been approved by the State or Federal government for the fire suppression action; and • The costs for these overtime hours are specifically authorized for reimbursement by the state or federal government. 3. Compensatory Time. In lieu of overtime, members may elect to accrue compensatory time off. Compensatory time off is provided per this MOU, and not pursuant to the Fair Labor Standards Act. Staff personnel may accrue a maximum of 120 hours. Line personnel may accrue a maximum of 196 hours. The provisions for accrual and use of compensatory time shall be provided in the Fire Department Standard Operating Procedure. 4. All other overtime not specified above will be at the straight time rate. D. Required Uniform City shall pay the entire cost of providing NBFMA member with each component of the required NBFD uniform. The required NBFD uniform includes shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, sweatshirt, and turnout safety clothing. City shall not be responsible for providing employee with socks, underwear, cap or workout shoes, or other clothing. PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) the uniform allowance for each sworn classification as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CaIPERS. Specifically, the City shall report as compensation earned the value of provided uniforms at $1,519 annually ($58.42 per pay period) in accordance with PERS requirements. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, including safety boots and turnout gear. 5 NBFMA MOU 2019-2022 5-15 E. Scholastic/Certificate Achievement Pa NBFMA members are entitled to additional compensation contingent upon scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay"). NBFMA members may apply for increases pursuant to this Section when eligible and scholastic/certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the NBFMA member to apply for Scholastic/Certificate Achievement Pay. Approval of the member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic/certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval. NBFMA member shall receive scholastic achievement pay for degrees awarded by accredited community colleges, state colleges, or universities in accordance with the following: 1. Scholastic Achievement Degree AA/AS BA/BS 2. Certificate Pay Coursework Certified Chief Fire Officer Strike Team Leader Scholastic Pay Percentage 3.5% 5.5% Compensation 3.0% of base pay $100 per month The parties agree that to the extent permitted by law, the Scholastic Achievement pay in this section is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay. F. Bilingual Pay Employees certified as bilingual (Spanish) shall be eligible to receive one hundred fifty ($150.00) dollars per month ($69.23 per pay period) in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking, reading and writing Spanish. Employees shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Fire Chief. 6 NBFMA MOU 2019-2022 5-16 The parties agree that to the extent permitted by law, the bilingual pay in this section is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. G. Court Standby Pay NBFMA members who, pursuant to subpoena compelling attendance to testify to acts, observations, or omissions occurring in the course and scope of employment or at the direction of their supervisor, are required, while off-duty, to remain within a certain response time from court, shall be considered to be on "court standby time" and shall receive four hours of pay for each eight hours of court standby time. NBFMA members shall, when required to appear in court pursuant to a subpoena or the direction of their supervisor to testify at to matters relating to their employment with the City, be considered to be on duty and shall be paid accordingly. Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time. H. Compaction Adjustment Effective July 1, 2017, the Battalion Chief salary range was adjusted by 3.0% to address compaction between Fire Captain and Battalion Chief. SECTION 3. LEAVES A. Flex Leave NBFMA members shall accrue flex leave as follows. Years of Continuous Service LINE EMPLOYEES STAFF EMPLOYEES Accrual Maximum Hours/Pay Period Accrual Accrual Hours/Pay Period Maximum Accrual Less than 5 9.77 508.04 6.97 362.44 5 but less than 9 10.69 555.88 7.63 396.76 9 but less than 12 11.62 604.24 8.33 433.16 12 and over 12.54 652.08 8.95 465.40 1. The Flex leave program shall be administered as follows: a. Newly hired NBFMA members shall not accrue flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months provided, however, if a member in the flex leave program becomes sick during the first three months of employment, the City will advance up to three (3) months of accrual for line employees (63.50 hours) / staff employees (45.30 hours) for use by the member to recover from illness. 7 NBFMA MOU 2019-2022 5-17 In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment, the member's final check shall be reduced by an amount equal to the number of flex leave hours advanced multiplied by the member's hourly rate of pay. b. Newly hired NBFMA members shall accrue three (3) months of flex leave [line employees (63.50 hours) / staff employees (45.30 hours)] immediately upon completing three (3) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first three months of employment. c. Earned flex leave in excess of the maximum permitted will be paid bi-weekly at the member's hourly rate of pay ("Spillover Pay"). NBFMA members may not elect to buy down accrued Flex Leave below the current threshold for payment unless, during the twelve months preceding the election, the member has taken at least ninety-six (96) hours of paid leave if a line employee and eighty (80) hours of paid leave if a staff employee. Employees shall have the option of converting accrued Flex Leave to cash on an hour for hour basis subject to the following: On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued flex leave which will be earned in the following calendar year. The employee can elect to receive the cash out in the pay period which includes June 30 and the pay period which includes December 15 for those Flex Leave benefits that have been earned during that portion of the year. In no event shall the flex leave balance be reduced below what each employee can accrue for fifty-two pay periods. However, in no event shall the flex leave balance be reduced below what each employee can accrue for fifty-two pay periods. d. All requests for scheduled flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request flex leave in excess of the amount accrued. e. Members shall be paid for all accrued flex leave at their current hourly rate of pay upon termination. f. Concurrent with the July 1, 2017, 3% compaction salary range adjustment as stated in Section 2, G, the Longevity Pay incentive program in Section 3, A, 1 was eliminated for all members. B. Holiday Time 1. Accrual The provisions of this subsection shall apply to all NBFMA members on a pro -rata basis. NBFMA members who are line employees shall accrue holiday time at the 8 NBFMA MOU 2019-2022 5-18 rate of 5.54 hours per pay period. NBFMA who are staff employees shall accrue holiday time at the rate of 3.96 hours per pay period. All employees including Staff Employees shall receive their holiday time in pay. Holiday pay shall be paid bi-weekly with the regular check. The parties agree, to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay. 2. Staff Employees Staff Employees may be required to take specified City holidays off, in the sole discretion of the Fire Chief. Time will be charged against the employee's flex leave bank. C. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee because of a death or terminal illness in his/her immediate family." Staff employees shall be entitled to ) forty (40) hours of Bereavement Leave per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave per event (terminal illness followed by death is considered one event). Leave hours need not be used consecutively, but should occur in proximate time to the occurrence but no more than 90 days from the date of the death of the family member. Exceptions to the 90 -day requirement may be made at the sole discretion of the Fire Chief. Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean an employee's father, stepfather, mother, stepmother, brother, sister, wife, husband, registered domestic partner, child, stepchild, or grandparent, and the employee's spouse/domestic partner's mother, father, brother, sister, child or grandparent. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. D. Jury Duty Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. If an employee calls in at night and finds out that he/she must report to jury duty the next day (and is scheduled to be working that day as part of a regular shift or on an overtime basis) he/she must contact his/her supervisor as soon as possible so that coverage can be arranged for his/her shift. 9 NBFMA MOU 2019-2022 5-19 E. Family Sick Leave Unit employees shall be entitled to use their annual leave accrual as set forth in Labor Code section 233. F. Workers' Compensation Leave The City will comply with the provisions of Labor Code section 4850 for workers' compensation claims. G. Reassignment In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position provided. The ratio for conversion of staff employee benefits to line employee benefit shall be 7/5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. H. Early Relief The parties acknowledge Department of Labor regulation, 29 CFR section 553.225 that provides: 'It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement, either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked. On the other hand, if the practice is required by the employer, the time involved must be added to the employee's tour of duty and treated as compensable hours of work." The parties acknowledge that if there is early relief, the City does not require it. The Association agrees that it will advise the Human Resources Director in writing if at any time in the future it learns or believes that the City is requiring early relief. If that occurs, early relief will immediately end. SECTION 4. FRINGE BENEFITS A. Insurance 1. Benefits Information Committee 10 NBFMA MOU 2019-2022 5-20 The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association 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. City Contribution The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CalPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and NBFMA will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective the pay issue that includes: The City's contribution towards the Cafeteria Plan will increase by $200.00, to $1,824.00 (plus the minimum CalPERS participating employee's contribution). Unit members who do not enroll in any health care plan offered by the City must provide proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California) and execute an opt out agreement releasing the City from any responsibility or liability to provide health care insurance coverage, on an annual basis. Employees hired as full-time City employees prior to June 22, 2019 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 as full-time City employees on or after June 22, 2019 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 11 NBFMA MOU 2019-2022 5-21 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 health plan offerings as agreed upon by the Benefits Information Committee. B. Additional Health Insurance/Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short -Term (STD) and Long -Term (LTD) disability insurance to all regular full time employees with the following provisions: 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 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. Employees shall pay one percent (1%) of base salary as a post -tax deduction for this benefit. 12 NBFMA MOU 2019-2022 5-22 3. Life Insurance The City shall provide life insurance for all full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre -70 amount. This amount remains in effect until the employee retires from City employment. Employees may also purchase supplemental life insurance at their own cost. C. Employee Assistance Program City shall provide an Employee Assistance members through a properly licensed provider. family members may access the EAP subject to D. PERS Retirement Benefits 1. Retirement Formula Program (EAP) for Association Association members and their provider guidelines. The City contracts with the California Public Employees' Retirement System ("CalPERS" or "PERS") to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows: Tier I: Employees hired by the City on or before November 23, 2012, the retirement formula shall be 3%@50, calculated on the basis of the highest consecutive 12 - month period selected by the employee. Tier II: For classic members (as defined in the Public Employees' Pension Reform Act) employees first hired by the City on or after November 24, 2012, and who are not new members as defined in Government Code Section 7522.04(f), the retirement formula is 2%@50. For these same employees, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 20037. Tier III ("PEPRA"): Foremployees first hired by the City on or after January 1, 2013, who are new members as defined in the Public Employees' Pension Reform Act, the retirement formula shall be 2.7%@57 provided for by the Public Employees' Retirement Law at Government Code section 7522.25(d). For these same employees, final compensation will be based on the highest annual average pensionable compensation during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a). 13 NBFMA MOU 2019-2022 5-23 2. Employee Contributions Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays normally reported as pensionable compensation or compensation earnable, and will be made on a pre- tax basis through payroll deduction, to the extent allowable by the Internal Revenue Code. Tiers I and II: Effective June 22, 2019, all members in Tier 1 and 11 shall contribute the full statutory member contribution equal to 9% of compensation earnable plus an additional half of one percent (5%) of compensation earnable for a total of 3.5% of compensation earnable of the Employer rate for a total contribution of 12.5% of compensation earnable. Effective the pay period which includes July 1, 2020, all members in Tier I and 11 shall contribute the full statutory member contribution equal to 9% of compensation earnable plus an additional half of one percent ( 5%) of compensation earnable for a total of 4.0% of compensation earnable of the Employer rate for a total contribution of 13.0% of compensation earnable. Effective the pay period which includes July 1, 2021, all members in Tier I and 11 shall contribute the full statutory member contribution equal to 9% of pensionable compensation earnable plus an additional half of one percent (551o) of compensation earnable for a total of 4.5% of compensation earnable of the Employer rate for a total contribution of 13.5% of compensation earnable. Tier III: The normal member contribution rate for Tier III members is 50% of the total normal cost and is calculated annually for possible adjustments, as provided in the PERS valuations. Effective June 22, 2019, Tier 111 unit members will contribute the full statutory member contribution. If that rate is less than 12.5% of pensionable compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 12.5% of pensionable compensation. 14 NBFMA MOU 2019-2022 5-24 Effective the pay period which includes July 1, 2020, Tier 111 unit members will contribute the full statutory member contribution. If that rate is less than 13% of pensionable compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 13% of pensionable compensation. Effective the pay period which includes July 1, 2021, Tier 111 unit members will contribute the full statutory member contribution. If that rate is less than 13.5% of pensionable compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 13.5% of pensionable compensation. 3. The City's contract with PERS shall also provide for: a. The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. b. The Level 4 1959 Survivors Benefits. c. The pre -retirement option settlement 2 death benefit (Section 21548). E. Defined Contribution Plan To the extent allowed by PERS, the IRS and other applicable regulatory agencies and laws, unit members who shall be enrolled in the 2% @ 50 retirement formula or 2.7% @ 57 formula, shall be eligible to participate in a defined contribution plan to be administered by the City or its designee in accord with said regulatory agency regulations and laws. The defined contribution plan shall be funded by allowing each affected employee to contribute a percentage of base salary each payroll period. The City shall match any such employee contributions up to a maximum of 1.5% of base salary. The employee only contributions shall be deemed fully vested at the time of its deposit. The employer only matching contribution shall vest upon a PERS retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. 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 15 NBFMA MOU 2019-2022 5-25 administratively classified into one of three categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired on or 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) Retiree Health Savings Plan ("RHS", formerly the MERP plan): a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expenses after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. 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. 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 16 NBFMA MOU 2019-2022 5-26 added to the RHS, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association. 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 (i.e. five years at full time status). At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years of 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 17 NBFMA MOU 2019-2022 5-27 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 CalPERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for retirees selecting a CalPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one-time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 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 18 NBFMA MOU 2019-2022 5-28 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. Deferred Compensation Each employee shall have a deferred compensation account set up by the City and subject to the rules of IRS Code section 457 to which s/he may make contributions. The City shall contribute to each employee's deferred compensation account each pay period as follows: 1. Effective June 22, 2019, the City shall contribute twenty-one dollars and sixty- seven cents ($21.67) per pay period to each employee's deferred compensation account. 2. Effective the first day of the pay period which includes July 1, 2020, the City shall contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay period to each employee's deferred compensation account for a total of forty-three dollars and thirty-five cents ($43.35) per pay period to each employee's deferred compensation account. 3. Effective the first day of the pay period which includes July 1, 2021, the City shall contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay period to each employee's deferred compensation account for a total of sixty-five dollars and two cents ($65.02) per pay period to each employee's deferred compensation account. Under federal law, there is an annual maximum contribution which may be made to an employee's IRS Code section 457 account. Although the City will be making contributions to employees' accounts each pay period, it is the employees' responsibility to track their total contribution amount. If an employee's account contributions reach the annual 457 maximum, the City will stop making contributions for the remainder of the calendar year and will not owe the employee any additional compensation related to this section. 19 NBFMA MOU 2019-2022 5-29 H. Tuition Reimbursement Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal year. 1. College Courses NBFMA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job—related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director. 2. Non -College Courses NBFMA members attending job-related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses. Unit members who must stay in lodging to attend such classes, courses or seminars because of their location are required to seek single occupancy governmental rates (at GSA rates) when booking lodging for the class, course or seminar. Reimbursement for more than single occupancy governmental rates will be provided only if such rates are not available and if approved by the Fire Chief. Job-related courses and seminars will be considered pre -authorized in the following areas: management and supervision, oral and written communications, conflict resolution, fire ground operations, rescue systems, legal issues, media relations, risk management, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management. Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Chief before submittal to Human Resources. I. Annual Physical Examinations All NBFMA members shall participate in the Department Fitness Program as outlined in Department SOP. 20 NBFMA MOU 2019-2022 5-30 J. Physical Conditioning Equipment/Apparel City shall provide workout apparel for each NBFMA member, to be replaced on an "as needed" basis. NBFMA members shall wear City provided workout apparel when working out on duty. SECTION 5. MISCELLANEOUS PROVISIONS A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 1. Definitions a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted regular status, subject to the following: i. Credit shall be given only for continuous service (as described in the next paragraph) subsequent to the most recent appointment to regular status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. iii. For purposes of determining layoffs within any Classification, seniority shall mean the time an employee has worked within any Classification within the Series. c. "Classification" shall mean one full time position identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. In this bargaining unit, there is one "Series" made up of one classification represented by the Association — Fire Battalion Chief. 21 NBFMA MOU 2019-2022 5-31 e. In this bargaining unit, since the Series consists of only one classification (Battalion Chief) "Bumping Rights", "Bumping" or "Bump" shall mean the right of a Battalion Chief who is subject to layoff to displace a less senior employee in a lower Classification which he/she has held in the Department. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience, provided, however, the City shall allow an employee to become re -certified as an EMT or a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to "Bump" into only those positions the employee has previously held with the Department. 2. Procedures In the event the City Manager determines to reduce the number of Battalion Chiefs, the following procedures are applicable: a. Battalion Chiefs shall be laid off in inverse order of seniority; b. A Battalion Chief shall have the right to Bump a less senior employee in a lower ranking Classification which he/she has held within the Department if he/she has more seniority which includes time in class as a Battalion Chief and lower classifications held within the Department. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights. c. In the event two or more Battalion Chiefs are subject to layoff and have the same seniority, they shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 3. Notice Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any). 4. Re -Employment Regular employees who are laid off shall be placed on a Department re- employment list in reverse order of layoff. Re-employment lists will be valid for two (2) years. The re-employment list shall remain in effect until exhausted by removal of all names on the list. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re- employment list shall have the right to appointment to the position, provided, he or 22 NBFMA MOU 2019-2022 5-32 she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her past known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. 5. Demotion Regular employees who are demoted because of reduced staffing levels shall be placed on a Department promotional list in reverse order of demotion. This promotional list shall remain in effect until exhausted by removal of all names on the list. 6. Severance Pay Regular employees who are laid off shall, as of the date of lay-off, receive one week severance pay for each year of continuous service with the City of Newport Beach, but in no case to exceed ten (10) weeks of severance compensation. B. Fire Suppression Staffing Levels Move -up and move -down coverage shall be used to staff the fire suppression battalion chief position in the absence of available battalion chiefs. C. Staff Assignment Schedule NBFMA members assigned to staff positions shall have the option to work a 5/40, 4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually agree to the schedule selected prior to it becoming effective. The Fire Chief retains the right to assign the staff member to a different schedule, or deny the member's request for a change of schedule, if the Fire Chief determines that the member is not able to perform their job duties or the operational needs of the department are not being met. Employees will be given 2 weeks' notice if the Fire Chief determines a change in schedule is needed in order to minimize disruption of the member's personal/professional obligations. In addition, occasionally and at the discretion and approval of the Fire Chief, unit employees (who are all FLSA exempt) working a 4/10 or 9/80 schedule may adjust their regularly scheduled day off if such change does not disrupt departmental operations. D. Consecutive Shifts Members shall be limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24-hour shift. Additional consecutive shifts may be permitted with Fire Chief or designee approval, based upon exigent circumstances. 23 NBFMA MOU 2019-2022 5-33 E. Requirement to Live Within 150 Miles of City Limits Employees hired as full-time unit members on or after July 1, 2019 are required to live within 150 miles of the City limits. Signatures on the following page 24 NBFMA MOU 2019-2022 5-34 Executed this ATTEST: 25 day of June, 2019. FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION. m Brian McDonough, President Justin Carr, Vice -President FOR THE CITY OF NEWPORT BEACH: m Diane B. Dixon, Mayor APPROVED AS TO ORM: BY:__z Leilani Brown, City Clerk Peter .. jBrown, Special Counsel NBFMA MOU 2019-2022 5-35 Exhibit A CITY OF NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION Revision Date: June 22, 2019 2% Cost of Living Adjustment Hourly Pay Rate ' Monthly Pay Rate ` MIN MAX MIN MAX Fire Battalion Chief (Line) $48.32 $58.73 $11,725 $14,251 Fire Battalion Chief (Staff) $67.64 $82.22 $11,725 $14,251 Fire Batt. Chief (Staff)+7.5% $72.72 $88.40 Revision Date: June 20, 2020 2% Cost of Living Adjustment $12,605 $15,323 Hourly Pay Rate ' Monthly Pay Rate ` MIN MAX MIN MAX Fire Battalion Chief (Line) $49.28 $59.90 $11,959 $14,536 Fire Battalion Chief (Staff) $69.00 $83.86 $11,959 $14,536 Fire Batt. Chief (Staff)+7.5% $74.17 $90.17 $12,857 $15,629 Revision Date: June 19, 2021 2% Cost of Living Adjustment Hourly Pay Rate ' Monthly Pay Rate MIN MAX MIN MAX Fire Battalion Chief (Line) $50.27 $61.10 $12,198 $14,827 Fire Battalion Chief (Staff) $70.38 $85.54 $12,198 $14,827 Fire Batt. Chief (Staff)+7.5% $75.66 $91.97 $13,114 $15,942 Pay rates reflect different assignments for one classification. 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to the nearest whole dollar. 26 5-36 NBFMA Negotiations - 2% COLA each year with add'I 0.5% pension pick up each year going from 12.0% to 13.5% and 1% of base pay, phased in, to deferred compensation contingent upon $500 cafeteria opt out and no cash back for new hires sg, 4/30/19 4 Authorized Full-time Safety Employees Base Pay Supplemental Pay Scholastic Pay Certification Pay Holiday Pay Bilingual Pay Pension Contribution 1 Pension Normal Cost (Safety = 28.092%) Pension Unfunded Actuarial Liability (Safety = 48.277%) ATTACHMENT C FY 20 294 593 897 1,784 Proposed COLA COLA COLA Year TOTAL Budget Year 1 Year 2 3 COST 676,336 13,527 27,324 41,397 82,248 33,593 672 1,357 2,056 4,085 21,490 430 868 1,315 2,613 32,824 656 1,326 2,009 3,992 Subtotal 87,907 1,758 3,551 5,381 10,690 214,691 4,294 8,674 13,141 26,108 371,887 7,379 14,906 22,583 44,868 Subtotal 586,578 11,673 23,579 35,724 70,976 Other City Paid Benefits MediCare (mandatory payment of 1.45%) Compensated Absences Cafeteria Plan Employee Assistance Program (EAP) Uniform Allowance (Tier 1 & 2 eligible only) Smartphone Allowance Life Insurance (policy based on annual base pay with cap of $50,000) Tuition Reimbursement (based on Fiscal Year 2018 actual)2 Retiree Health Savings (Post Employment Healthcare Contribution) 1% nonPERSable contribution to deferred comp phased in over 3 yrs 3 Subtotal Offset - Employee Pick Up of PERS Pension Costs (12% going to 13.5%) Overtime (based on Calendar Year 2018 actual hours = 1,481) Subtotal 13,056 294 593 897 1,784 23,672 473 956 1,449 2,879 94,160 - - - - 83 - - - - 6,076 - - - - 3,840 - - - - 420 - - - - 838 - - - - 7,230 - - - - - 2,254 4,508 6,762 13,524 149,374 3,021 6,058 9,108 18,187 (92,438) (5,762) (11,717) (17,870) (35,349) (92,438) (5,762) (11,717) (17,870) (35,349) 136,145 2,723 5,500 8,333 16,556 Total 1,543,902 26,939 54,295 82,073 163,308 Salary Increase Only 2.00% 6.12% 4.04% Total Comp Increase Only 1.74% E3.52% 5.32% 1 This unit has 4 Tier 1 members. 2 Estimate is based primarily on FY 20 budget with some pays and benefits based on prior year actuals as noted. 3 New Deferred Comp contributions by City: 7/1/19 = $21.67 per employee per pay period 7/1/20 = $43.35 per employee per pay period 7/1/21 = $65.02 per employee per pay period 5-37