HomeMy WebLinkAboutC-2058(B) - MOU's - Newport Beach Lifeguard Management Association (NBLMA) [formerly Marine Safety Officers Association (MSOA)]SIDE LETTER OF AGREEMENT
BETWEEN
CITE' OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into by and between the City
of Newport Beach ("City") and the Newport Beach Lifeguard Management Association
("Association") (collectively "Parties") with respect to the following:
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-28
approving a Memorandum of Understanding ("MOU") between the Parties with a term of January
1, 2022, through December 31, 2025;
WHEREAS, to aid in the recruitment and retention of valuable employees, the Parties
wish to modify the MOU;
WHEREAS, on Vn , 2023, this Agreement was ratified by the Association;
and
WHEREAS, this Agreement will not have the effect of an agreement, and will not be
binding on either party, until it is approved by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. Section 2, Compensation, of the MOU is amended to add the following to Subsection
A, which shall read as follows:
Salary Schedule Adjustment
Effective the pay period which includes July 1, 2023, the City will add a new top step
("New Top Step") to the salary schedule for all represented positions, which shall be
five percent (5%) more than the current top step ("Current Top Step"). The Parties
acknowledge and agree that the first step for all represented positions currently in effect
is not being eliminated.
With the following exception, step advancement through the salary ranges is unaffected
by the addition of the New Top Step:
Employees who have been at the Current Top Step for longer than 12 months as of
June 30, 2023, will advance to the New Top Step in the pay period which includes
July 1, 2023,
2. Exhibit "A" of the MOU is replaced in its entirety with Exhibit A to this Agreement,
which is attached hereto and incorporated herein by this reference.
3. Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the MOU shall remain unchanged and shall be in fall force and effect.
Executed this i � day of _ �\? s-1 �- _, 2023.
FOR THE NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION:
By: i
ary C/ofiwell, resident
FOR THE CITY OF NEWPORT BEACH:
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
Aaron C. Harp, City Attorney
ATTEST:
BYi4 - j,')2
?A-
Leilani Brow , City Clerk
Attachment: Exhibit A — Salary Schedule
EXHIBIT I: Side Letter of Agreement Between the City and NBLMA
The City of Newport Beach
Lifeguard Management Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective July 1, 2023 - Additional Step
Lifeguard Battalion Chief
16
1
$
48.68
$
8,439
$
101,265
Lifeguard Battalion Chief
16
2
$
51.10
$
8,857
$
106,283
Lifeguard Battalion Chief
16
3
$
53.65
$
9,300
$
111,601
Lifeguard Battalion Chief
16
4
$
56.32
$
9,762
$
117,148
Lifeguard Battalion Chief
16
5
$
59.15
$
10,253
$
123,041
Lifeguard Battalion Chief
16
6
$
62.08
$
10,760
$
129,119
Lifeguard Battalion Chief
16
7
$
65.19
$
11,299
$
135,587
Lifeguard Battalion Chief
16
8
$
68.44
$
11,863
$
142,355
Lifeguard Battalion Chief
16
9
$
71.86
$
12,456
$
149,473
Lifeguard Captain
11
1
$
38.66
$
6,701
$
80,409
Lifeguard Captain
11
2
$
40.58
$
7,035
$
84,414
Lifeguard Captain
11
3
$
42.62
$
7,387
$
88,650
Lifeguard Captain
11
4
$
44.75
$
7,756
$
93,070
Lifeguard Captain
11
5
$
47.00
$
8,147
$
97,766
Lifeguard Captain
11
6
$
49.37
$
8,558
$
102,692
Lifeguard Captain
11
7
$
51.84
$
8,985
$
107,825
Lifeguard Captain
11
8
$
54.44
$
9,436
$
113,235
Lifeguard Captain
11
9
$
57.16
$
9,908
$
118,897
Lifeguard Captain, Training
03
1
$
41.55
$
7,201
$
86,417
Lifeguard Captain, Training
03
2
$
43.63
$
7,562
$
90,745
Lifeguard Captain, Training
03
3
$
45.81
$
7,940
$
95,279
Lifeguard Captain, Training
03
4
$
48.09
$
8,335
$
100,021
Lifeguard Captain, Training
03
5
$
50.50
$
8,753
$
105,040
Lifeguard Captain, Training
03
6
$
53.01
$
9,189
$
110,265
Lifeguard Captain, Training
03
7
$
55.69
$
9,653
$
115,837
Lifeguard Captain, Training
03
8
$
58.47
$
10,135
$
121,614
Lifeguard Captain, Training
03
9
$
61.39
$
10,641
$
127,695
Lifeguard Officer P/T
01
1
$
28.78
$
4,988
$
59,852
Lifeguard Officer P/T
01
2
$
30.21
$
5,237
$
62,845
Lifeguard Officer P/T
01
3
$
31.72
$
5,498
$
65,975
Lifeguard Officer P/T
01
4
$
33.31
$
5,774
$
69,290
Lifeguard Officer P/T
01
5
$
34.97
$
6,062
$
72,743
Lifeguard Officer P/T
01
6
$
36.72
$
6,365
$
76,380
Lifeguard Officer P/T
01
7
$
38.56
$
6,683
$
80,201
Lifeguard Officer P/T
01
8
$
40.50
$
7,019
$
84,230
Lifeguard Officer P/T
01
9
$
42.52
$
7,370
$
88,441
Hourly rates are rounded to the nearest hundredth. Monthly
and annual
salaries are rounded
to the
nearest whole dollar.
Actual rates may vary slightly due to rounding.
EXHIBIT I: Side Letter of Agreement Between the City and NBLMA
The City of Newport Beach
Lifeguard Management Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA)
Lifeguard Battalion Chief
16
1
$
50.15
$
8,692
$
104,303
Lifeguard Battalion Chief
16
2
$
52.63
$
9,123
$
109,471
Lifeguard Battalion Chief
16
3
$
55.26
$
9,579
$
114,949
Lifeguard Battalion Chief
16
4
$
58.01
$
10,055
$
120,663
Lifeguard Battalion Chief
16
5
$
60.93
$
10,561
$
126,733
Lifeguard Battalion Chief
16
6
$
63.94
$
11,083
$
132,992
Lifeguard Battalion Chief
16
7
$
67.14
$
11,638
$
139,655
Lifeguard Battalion Chief
16
8
$
70.49
$
12,219
$
146,626
Lifeguard Battalion Chief
16
9
$
74.02
$
12,830
$
153,957
Lifeguard Captain
11
1
$
39.82
$
6,902
$
82,821
Lifeguard Captain
11
2
$
41.80
$
7,246
$
86,947
Lifeguard Captain
11
3
$
43.90
$
7,609
$
91,309
Lifeguard Captain
11
4
$
46.09
$
7,988
$
95,862
Lifeguard Captain
11
5
$
48.41
$
8,392
$
100,699
Lifeguard Captain
11
6
$
50.85
$
8,814
$
105,773
Lifeguard Captain
11
7
$
53.39
$
9,255
$
111,060
Lifeguard Captain
11
8
$
56.07
$
9,719
$
116,632
Lifeguard Captain
11
9
$
58.88
$
10,205
$
122,464
Lifeguard Captain, Training
03
1
$
42.79
$
7,417
$
89,009
Lifeguard Captain, Training
03
2
$
44.94
$
7,789
$
93,467
Lifeguard Captain, Training
03
3
$
47.18
$
8,178
$
98,138
Lifeguard Captain, Training
03
4
$
49.53
$
8,585
$
103,022
Lifeguard Captain, Training
03
5
$
52.02
$
9,016
$
108,191
Lifeguard Captain, Training
03
6
$
54.60
$
9,464
$
113,573
Lifeguard Captain, Training
03
7
$
57.36
$
9,943
$
119,312
Lifeguard Captain, Training
03
8
$
60.22
$
10,439
$
125,263
Lifeguard Captain, Training
03
9
$
63.23
$
10,960
$
131,526
Lifeguard Officer P/T
01
1
$
29.64
$
5,137
$
61,648
Lifeguard Officer P/T
01
2
$
31.12
$
5,394
$
64,730
Lifeguard Officer P/T
01
3
$
32.67
$
5,663
$
67,955
Lifeguard Officer P/T
01
4
$
34.31
$
5,947
$
71,369
Lifeguard Officer P/T
01
5
$
36.02
$
6,244
$
74,925
Lifeguard Officer P/T
01
6
$
37.82
$
6,556
$
78,672
Lifeguard Officer P/T
01
7
$
39.72
$
6,884
$
82,608
Lifeguard Officer P/T
01
8
$
41.71
$
7,230
$
86,757
Lifeguard Officer P/T
01
9
$
43.80
$
7,591
$
91,095
Hourly rates are rounded to the nearest hundredth. Monthly
and annual
salaries are rounded
to the nearest whole dollar.
Actual rates may vary slightly due to rounding.
EXHIBIT I: Side Letter of Agreement Between the City and NBLMA
The City of Newport Beach
Lifeguard Management Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA)
Lifeguard Battalion Chief
16
1
$
51.65
$
8,953
$
107,432
Lifeguard Battalion Chief
16
2
$
54.21
$
9,396
$
112,756
Lifeguard Battalion Chief
16
3
$
56.92
$
9,866
$
118,397
Lifeguard Battalion Chief
16
4
$
59.75
$
10,357
$
124,283
Lifeguard Battalion Chief
16
5
$
62.76
$
10,878
$
130,535
Lifeguard Battalion Chief
16
6
$
65.86
$
11,415
$
136,982
Lifeguard Battalion Chief
16
7
$
69.16
$
11,987
$
143,845
Lifeguard Battalion Chief
16
8
$
72.61
$
12,585
$
151,025
Lifeguard Battalion Chief
16
9
$
76.24
$
13,215
$
158,576
Lifeguard Captain
11
1
$
41.01
$
7,109
$
85,306
Lifeguard Captain
11
2
$
43.06
$
7,463
$
89,555
Lifeguard Captain
11
3
$
45.22
$
7,837
$
94,048
Lifeguard Captain
11
4
$
47.47
$
8,228
$
98,738
Lifeguard Captain
11
5
$
49.87
$
8,643
$
103,720
Lifeguard Captain
11
6
$
52.38
$
9,079
$
108,946
Lifeguard Captain
11
7
$
55.00
$
9,533
$
114,392
Lifeguard Captain
11
8
$
57.76
$
10,011
$
120,131
Lifeguard Captain
11
9
$
60.64
$
10,511
$
126,138
Lifeguard Captain, Training
03
1
$
44.08
$
7,640
$
91,679
Lifeguard Captain, Training
03
2
$
46.28
$
8,023
$
96,271
Lifeguard Captain, Training
03
3
$
48.60
$
8,423
$
101,082
Lifeguard Captain, Training
03
4
$
51.02
$
8,843
$
106,113
Lifeguard Captain, Training
03
5
$
53.58
$
9,286
$
111,437
Lifeguard Captain, Training
03
6
$
56.24
$
9,748
$
116,981
Lifeguard Captain, Training
03
7
$
59.08
$
10,241
$
122,891
Lifeguard Captain, Training
03
8
$
62.03
$
10,752
$
129,021
Lifeguard Captain, Training
03
9
$
65.13
$
11,289
$
135,472
Lifeguard Officer P/T
01
1
$
30.53
$
5,291
$
63,497
Lifeguard Officer P/T
01
2
$
32.05
$
5,556
$
66,672
Lifeguard Officer P/T
01
3
$
33.65
$
5,833
$
69,993
Lifeguard Officer P/T
01
4
$
35.34
$
6,126
$
73,510
Lifeguard Officer P/T
01
5
$
37.10
$
6,431
$
77,173
Lifeguard Officer P/T
01
6
$
38.96
$
6,753
$
81,032
Lifeguard Officer P/T
01
7
$
40.91
$
7,090
$
85,086
Lifeguard Officer P/T
01
8
$
42.96
$
7,447
$
89,359
Lifeguard Officer P/T
01
9
$
45.11
$
7,819
$
93,827
Hourly rates are rounded to the nearest hundredth.
Monthly and annual
salaries are rounded to the nearest
whole dollar.
Actual rates may vary slightly due to rounding.
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this Z l day of
N p f Ecn E 2022, by and between the City of Newport Beach ("City") and the
Newport Beach Lifeguard Management Association ("NBLMA") (collectively "Parties")
with respect to the following:
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-28
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Insurance, City
Contribution, of the MOU is amended to read as follows:
2. City Contribution
a. Full-time Members:
Current Language: The City's contribution towards the Cafeteria Plan is
$1,645 (plus the minimum Ca1PERS participating employer's contribution).
Amended Language: The City's monthly contribution towards the
Cafeteria Plan is $1,645.00 (plus the minimum CaIPERS participating employee's
contribution). Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $1,745.00 (plus the
minimum Ca1PERS participating employer's contribution). Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $1,645.00 (plus the minimum Ca1PERS participating employer's
contribution).
b. Part -Time Members:
Current Language: Part-time NBLMA members receive a monthly
cafeteria benefit of $601.00. For part-time employees enrolled in medical plans, the
cafeteria amount is inclusive of the PERS designated minimum medical insurance
contribution.
Page 1 of 3
Amended Language: Part-time NBLMA members receive a monthly
cafeteria benefit of $601.00. For part-time employees enrolled in medical plans, the
cafeteria amount is inclusive of the PERS designated minimum medical insurance
contribution. Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $637.53. For part-
time employees enrolled in medical plans, the cafeteria amount is inclusive of the Ca1PERS
designated minimum medical insurance contribution. Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $601.00. For part-time employees enrolled in medical plans, the cafeteria
amount is inclusive of the Ca1PERS designated minimum medical insurance contribution.
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBLMA Side Letter Agreement Page 2 of 3
Executed this 5 day of N vv‘VIC'2022
ATTEST:
By:
FOR THE NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION:
By:
-Gary C ell, Pre ent
FOR THE CITY OF WPORT BEACH:
By:
Kevin "oon, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
aron C. Harp, City Attorney
Leilani Brow r ity C1erdth
NBLMA Side Letter Agreement
Page 3 of 3
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this 23 day of
nysc." ST 2022, by and between the City of Newport Beach ("City") and the
Newport Be\tch Lifeguard Management Association ("Association") (collectively
"Parties") with respect to the following:
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-28
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the Cost -of -Living and to aid in the recruitment
and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. Section 2, Compensation, Subsection A, Salary Adjustments, of the MOU
is amended to read as follows:
Base salary increases for all NBLMA represented classifications shall be as follows
and as specified in Exhibit A:
Effective the first day of the pay period following January 1, 2022, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Individuals must be employed by the City on the first day of the pay period
following City Council adoption to qualify for retroactive payment of the cost -of -
living adjustment (COLA).
Effective the first day of the pay period following January 1, 2023, base salaries
will be increased by three percent (3.0%) for all members of the bargaining unit.
Effective the first day of the pay period following January 1, 2024, base salaries
will be increased by three percent (3.0%) for all members of the bargaining unit.
Effective the first day of the pay period following January 1, 2025, base salaries
will be increased by three percent (3.0%) for all members of the bargaining unit.
2. Exhibit A of the MOU is replaced in its entirety with Exhibit A to this
Agreement, which is attached hereto and incorporated herein by this reference.
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
Executed this 23 day of AJ(,L' f , 2022
FOR THE NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION:
Gary Co ell, President
FOR THE CITY OF NEWPORT BEACH:
Kevin Muldo. , Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
ATTEST:
Aaron C. Harp, City Attorney
By:
Leilani Brown, ity Clerk
Attachment: Exhibit A — Salary Schedule with Cost -of -Living Adjustment
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Lifeguard Management Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 14, 2023 - 3% Cost -of -Living Adjustment
!REPRESENTED POSITIONS
OURLV RATE
Lifeguard Battalion Chief 16 1 $ 48.68 $ 8,439 $
Lifeguard Battalion Chief 16 2 $ 51.10 $ 8,857 $
Lifeguard Battalion Chief 16 3 $ 53.65 $ 9,300 $
Lifeguard Battalion Chief 16 4 $ 56.32 $ 9,762 $
Lifeguard Battalion Chief 16 5 $ 59.15 $ 10,253 $
Lifeguard Battalion Chief 16 6 $ 62.08 $ 10,760 $
Lifeguard Battalion Chief 16 7 $ 65.19 $ 11,299 $
Lifeguard Battalion Chief 16 8 $ 68.44 $ 11,863 $
Lifeguard Captain 11 1 $ 38.66 $ 6,701 $
Lifeguard Captain 11 2 $ 40.58 $ 7,035 $
Lifeguard Captain 11 3 $ 42.62 $ 7,387 $
Lifeguard Captain 11 4 $ 44.75 $ 7,756 $
Lifeguard Captain 11 5 $ 47.00 $ 8,147 $
Lifeguard Captain 11 6 $ 49.37 $ 8,558 $
Lifeguard Captain 11 7 $ 51.84 $ 8,985 $
Lifeguard Captain 11 8 $ 54.44 $ 9,436 $
Lifeguard Captain, Training 03 1 $ 41.55 $ 7,201 $
Lifeguard Captain, Training 03 2 $ 43.63 $ 7,562 $
Lifeguard Captain, Training 03 3 $ 45.81 $ 7,940 $
Lifeguard Captain, Training 03 4 $ 48.09 $ 8,335 $
Lifeguard Captain, Training 03 5 $ 50.50 $ 8,753 $
Lifeguard Captain, Training 03 6 $ 53.01 $ 9,189 $
Lifeguard Captain, Training 03 7 $ 55.69 $ 9,653 $
Lifeguard Captain, Training 03 8 $ 58.47 $ 10,135 $
Lifeguard Officer P/T 01 1 $ 28.78 $ 4,988 $
Lifeguard Officer P/T 01 2 $ 30.21 $ 5,237 $
Lifeguard Officer P/T 01 3 $ 31.72 $ 5,498 $
Lifeguard Officer P/T 01 4 $ 33.31 $ 5,774 $
Lifeguard Officer P/T 01 5 $ 34.97 $ 6,062 $
Lifeguard Officer P/T 01 6 $ 36.72 $ 6,365 $
Lifeguard Officer P/T 01 7 $ 38.56 $ 6,683 $
Lifeguard Officer P/T 01 8 $ 40.50 $ 7,019 $
Hourly rate rounded to the hundredth. Monthly and annual salaries rounded to the nearest whole dollar.
101,265
106,283
111,601
117,148
123,041
129,119
135,587
142,355
80,409
84,414
88,650
93,070
97,766
102,692
107,825
113,235
86,417
90,745
95,279
100,021
105,040
110,265
115,837
121,614
59,852
62,845
65,975
69,290
72,743
76,380
80,201
84,230
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Lifeguard Management Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -living Adjustment
REPRESENTED POS_ITIONS
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
16
16
16
16
16
16
16
16
11
11
11
11
11
11
11
11
03
03
03
03
03
03
03
03
01
01
01
01
01
01
01
01
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
50.15
52.63
55.26
58.01
60.93
63.94
67.14
70.49
39.82
41.80
43.90
46.09
48.41
50.85
53.39
56.07
42.79
44.94
47.18
49.53
52.02
54.60
57.36
60.22
29.64
31.12
32.67
34.31
36.02
37.82
39.72
41.71
Hourly rate rounded to the hundredth. Monthly and annual salaries rounded to the nearest whole dollar.
8,692
9,123
9,579
10,055
10,561
11,083
11,638
12,219
6,902
7,246
7,609
7,988
8,392
8,814
9,255
9,719
7,417
7,789
8,178
8,585
9,016
9,464
9,943
10,439
5,137
5,394
5,663
5,947
6,244
6,556
6,884
7,230
104,302
109,471
114,949
120,663
126,733
132,992
139,655
146,626
82,821
86,947
91,309
95,862
100,699
105,773
111,060
116,632
89,009
93,467
98,138
103,022
108,191
113,573
119,311
125,263
61,648
64,730
67,955
71,369
74,925
78,672
82,608
86,757
EXHIBIT A
RESOLUTION NO, 2022-
The City of Newport Beach
Lifeguard Management Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment
(REPRESENTED POSITIONS
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Battalion Chief
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Captain, Training
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
Lifeguard Officer P/T
16
16
16
16
16
16
16
16
11
11
11
11
11
11
11
11
03
03
03
03
03
03
03
03
01
01
01
01
01
01
01
01
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
51.65
54.21
56.92
59.75
62.76
65.86
69.16
72.61
41.01
43.06
45.22
47.47
49.87
52.38
55.00
57.76
44.08
46.28
48.60
51.02
53.58
56.24
59.08
62.03
30.53
32.05
33.65
35.34
37.10
38.96
40.91
42.96
Hourly rate rounded to the hundredth. Monthly and annual salaries rounded to the nearest whole dollar.
8,953
9,396
9,866
10,357
10,878
11,415
11,987
12,585
7,109
7,463
7,837
8,228
8,643
9,079
9,533
10,011
7,640
8,023
8,423
8,843
9,286
9,748
10,241
10,752
5,291
5,556
5,833
6,126
6,431
6,753
7,091
7,447
107,431
112,756
118,397
124,283
130,535
136,982
143,845
151,025
85,305
89,555
94,049
98,738
103,720
108,946
114,392
120,131
91,680
96,271
101,082
106,113
111,437
116,981
122,891
129,021
63,497
66,672
69,993
73,510
77,173
81,032
85,086
89,359
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION
January 1, 2022 through December 31, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Duration of Memorandum 1
Scope 1
Conclusiveness 2
Savings 2
Other Terms and Conditions 2
Unit Classification Titles 2
Section 2. Compensation
Salary Adjustments 2
One -Time Lump Sum Payment 3
Special Assignment Pay 3
Overtime 3
Uniforms 4
Call Out 4
Scholastic Achievement Pay 5
Night Standby 5
Move -up Pay 6
Move -down Pay 6
Court Standby Pay 6
Longevity Pay 7
Salary Differential 7
Section 3. Leaves
Flex Leave 7
Use of Flex Leave 9
Family Sick Leave 9
Holiday Time 9
Bereavement Leave 10
Section 4. Fringe Benefits
Insurance 10
Additional Health Insurance Programs 13
Employee Assistance Program 14
The Retirement Benefit 14
i
Retiree Health Benefits Program (Full -Time Classifications Only) 16
Tuition Reimbursement 21
Section 5. Miscellaneous Provisions
Reductions in Force/Layoffs 22
Discipline 24
Health and Fitness Evaluations 24
Provision for Sun Provision 24
Fitness Equipment and Exercise Time 24
Employee Policy Manual 25
Direct Deposit 25
Exhibit A (Represented Classifications) 27
ii
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD
MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to
as "CITY") and authorized representatives of the NEWPORT BEACH LIFEGUARD
MANAGEMENT ASSOCIATION (hereinafter referred to as "NBLMA") a recognized
employee organization, met and conferred, exchanging various proposals concerning
wages, hours, fringe benefits and other terms and conditions of employment of
employees represented by NBLMA (hereinafter referred to as "EMPLOYEES") for the
period of January 1, 2022 through December 31, 2025.
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect from January 1, 2022
through December 31, 2025.
B. 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's Standard Operating Procedures (SOPs) falling within the
scope of representation, the City has given notice to the Association and,
upon request, met and conferred on any proposed changes which fall within
the scope of representation.
When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to the Association no
less than seven (7) days prior to implementation of the proposed change.
If such proposed change materially impacts any matter within the scope
of representation, then the parties agree to meet and confer over such
impact.
1
NBLMA MOU 2022-2025
2. Pursuant to this MOU, the City reserves and retains all its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, this MOU contains all the covenants,
stipulations and provisions agreed upon by the parties.
D. Savings
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.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Unless specifically provided in this MOU, Part-time members shall only receive
those benefits in this MOU which are specifically set forth as applicable to Part-
time members.
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Base salary increases for all NBLMA represented classifications shall be as follows
and as specified in Exhibit A:
2
NBLMA MOU 2022-2025
Effective the first day of the pay period following January 1, 2022, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Individuals must be employed by the City on the first day of the pay period following
City Council adoption to qualify for retroactive payment of the cost -of -living
adjustment (COLA).
Effective the first day of the pay period following January 1, 2023, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Effective the first day of the pay period following January 1, 2024, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
Effective the first day of the pay period following January 1, 2025, base salaries
will be increased by two percent (2.0%) for all members of the bargaining unit.
B. One -Time Lump Sum Payment
All bargaining unit members in paid status for the entirety of the first full pay period
following the adoption of the 2022-2025 MOU by the City Council will receive a
signing bonus of $2, 000. The parties intend and understand that this lump sum
payment is non -pensionable and will not be reported to Ca/PERS. The parties
also agree that this payment is intended to be specific to the pay period in which it
is paid and is to be considered part of the FLSA regular rate for this pay period
only.
C. Special Assignment Pay
1. Boat Pay: Lifeguard Captains certified for and assigned to boat operations
shall receive additional compensation of 2.5% of base salary for their job
classification. Boat assignment pay will be assigned to a qualified Captain
and compensated only when performing boat duties.
D. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Time worked shall be rounded to the nearest
quarter of an hour (seven (7) minutes or Tess round down; eight (8) minutes or
more round up). Paid time off shall be considered time worked for the purposes
of calculating MOU overtime.
3
NBLMA MOU 2022-2025
The rate at which MOU overtime (overtime which is in addition to that which is
required by the FLSA) is paid does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 - Fringe Benefits of the MOU.
Unit employees shall have the option of requesting to earn compensatory time off
(CTO) for all overtime, including training time, in lieu of overtime compensation. All
use of compensatory time off shall be subject to existing City rules. The time during
which an employee may use accrued CTO is subject to approval by the department
head or their designee with due regard for the wishes of the employee and the
need to provide service. However, an employee wishing to use their accrued CTO
shall provide the City with reasonable notice of such request. A request to use
CTO without reasonable notice may still be granted within the discretion of the
supervisor or manager responsible for considering the request. Notwithstanding
this paragraph, the parties agree that employees cannot use CTO from June 15
through Labor Day each year.
The maximum accrual of CTO shall be eighty (80) hours. Effective January 1,
2020, an employee may only accrue up to eighty (80) hours of CTO per calendar
year.
E. Uniforms
The City shall pay the entire cost of providing full-time and part-time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other clothing.
As permissible by law and subject to the provisions and limitations under the Public
Employees' Retirement Law, including restrictions on reporting uniform allowance
as pensionable compensation for "non -classic" members hired after January 1,
2013, the City shall report the value of provided uniforms at $838 per year ($32.23
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.
F. Call Out
Call out compensation shall be in accordance with the following provisions:
4
NBLMA MOU 2022-2025
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. A minimum of two (2) hours (including travel time). If the two hours causes
the employee to exceed forty (40) hours in the week, the rate of pay shall
be at one and one half (1 1/2) times the employee's rate of pay. Employees
will be considered "on duty" at the beginning of each emergency call out for
a minimum of two (2) hours or until completed. Employees will not be
compensated for additional call outs that occur during the initial two (2) hour
response period, or during normal working hours.
G. Scholastic Achievement Pay
Employees in the classification of Lifeguard Captain shall receive two percent of
base salary (2%) if they receive a Bachelor's Degree. Employees in the
classification of Lifeguard Battalion Chief shall receive one percent (1%) of base
salary if they receive a Master's Degree.
A "degree" shall be awarded by an institution accredited by the State of California,
the United States Department of Education, the Council for Higher Education, or
the Distance Education Training Council.
The parties agree that to the extent permitted by law, the Scholastic Achievement
Pay in this section is special compensation and shall be reported to Ca1PERS as
such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational
Incentive Pay.
H. Night Standby
A full-time or part-time employee assigned to standby duty (as defined by
Department Policy) for purposes of being on call to handle emergency situations
arising at times other than during normal working hours shall be guaranteed two
and a half (2.5) hours of pay at the employee's rate of pay for each calendar day
of such standby duty. Employees shall have the option of receiving compensatory
time off at straight time in lieu of pay for night standby. This compensatory time off
is part of same bank which is subject to the maximum accrual of compensatory
time off set forth in Section 2D above.
5
NBLMA MOU 2022-2025
I. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than their regular job classification.
Employees temporarily upgraded to the following job classifications and equivalent
positions shall receive a five percent (5%) pay differential over their rate of pay for
all time worked in the higher job classification if they are assigned to work in the
higher job classification fora period of one (1) working hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, flex leave, and other paid leave shall be paid at the employee's rate of
pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
J. Move -down Pay
Employees who work down - a temporary assignment of an employee to work in a
job classification, which is assigned to a salary schedule lower than their regular
job classification (i.e., a Battalion Chief who moves down as a Lifeguard Captain
or a Lifeguard Captain who moves down as a Lifeguard Officer) shall be paid at
the top step of the classification to which the employee moved down unless the
top step of the moved down classification is higher than their current rate of pay.
In that case, they will be paid at the regular pay rate.
K. Court Standby Pay
All NBLMA 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 on "court standby time"
and shall receive four hours of pay for each eight hours of court standby time.
NBLMA 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 on duty and shall be paid accordingly. Members shall
6
NBLMA MOU 2022-2025
remit all witness fees received for testifying or appearing on any matter for which
the member is eligible to receive court standby time.
L. Longevity Pay
Employees in the Unit shall receive Longevity Pay as follows:
Years of Service
16 but Tess than 20
20 but less than 25
25 and over
Longevity Pay
1.0%
1.5%
2.5%
The parties agree that to the extent permitted by law, the Longevity Pay in this
section is special compensation and shall be reported to Ca1PERS as such
pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1) Longevity Pay.
M. Salary Differential
The Training Lifeguard Captain shall be assigned to routinely and consistently train
employees and oversee the Junior Lifeguard Program. Training Lifeguard
Captains shall receive an additional 7.5% of base pay over Line Lifeguard
Captains. Assignment as a Training Lifeguard Captain is for one year unless
extended by the Assistant Chief, Lifeguard Operations.
SECTION 3. LEAVES
A. Flex Leave
1. Basis for Accrual
Full -Time Members:
Regular full-time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of Continuous Accrual per pay Maximum Hours
Service in the Unit period/hrs Annual Accrual
1 but less than 5
5 but Tess than 9
5.54 288.08
6.15 319.80
7
NBLMA MOU 2022-2025
9 but less than 12
12 and over
Part -Time Members:
6.77 352.04
7.69 399.88
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of .04 hours for each hour worked.
2. Limit on Accumulation and Cash Out of Flex Leave
Employees shall be entitled to accrue flex leave up to a maximum of fifty-
two (52) times the member's bi-weekly accrual rate. This limit on
accumulation shall apply to both full-time and part-time members. Earned
flex leave in excess of the maximum permitted is currently paid bi-weekly at
the member's hourly rate of pay ("spillover pay"). Members shall be eligible
for flex leave spillover pay only if they have utilized at least eighty (80) hours
of flex leave the previous calendar year. Employees who have not utilized
eighty (80) hours of leave for full time and sixty (60) hours for part-time the
prior calendar year shall not be eligible for "spillover pay". Once an
employee accrues the maximum accrual limit, theywill not accrue additional
flex leave until they use leave and reduce their accrual below the accrual
limit.
Employees shall have the option of converting accrued Flex Leave to cash
on an hour -to -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 on hundred and sixty (160) hours.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the seniority and wishes of the employee. Flex leave may be
granted on an hourly basis.
8
NBLMA MOU 2022-2025
B. Use of Flex Leave
Level A staffing shall run from June 15th through Labor Day. During this period of
time, full-time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave requiring backfill. Additional flex leave during this
period may be approved if, in the opinion of management, adequate staffing levels
can be maintained.
C. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual leave accrual for an illness of a family member as defined below
which requires the presence of the employee. Such time may be taken from the
employee's annual leave accrual or leave bank, at the employee's choice. Leave
shall be administered in accordance with the provisions of the Employee Policy
Manual (EPM)
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean biological,
adopted, or foster child; a stepchild; a legal ward; or a child of an employee
standing in local parentis), grandchild, grandparent, sibling or as modified by State
or Federal law.
D. Holiday Time
As described in the following paragraph, employees shall receive leave or pay for
the following holidays:
New Year's Day
January 1
Martin Luther King Day
January — 3rd Monday
Washington's Birthday
February— 3rd Monday
Memorial Day
May— Last Monday
Floating Holiday*
July 1
Independence Day
July 4
Labor Day
September— 1st Monday
Veterans Day
November 11
Thanksgiving Day
November— 4th Thursday
Friday After Thanksgiving
November— 4th Friday
Christmas Eve
December 24 (last Y of workday)
Christmas Day
December 25
New Year's Eve
December 31 (last % of workday)
9
NBLMA MOU 2022-2025
Full-time employees receive 96 hours of holiday time per year,1/26th (3.69 hours)
per pay period which will be paid or accrued each pay period. Part-time employees
receive 72 hours of holiday time per year, 1/26th (2.77 hours) per pay period which
will be paid or accrued each pay period. When an employee becomes an NBLMA
member, they shall select to receive either pay, leave or a combination of both pay
and leave for the holidays. When a part-time employee in the unit is appointed to
a full-time classification, they shall select to receive either pay, leave or a
combination of both pay and leave for the additional twenty-four (24) hours.
To the extent permitted by law, this holiday compensation shall be reported to
PERS as 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 the holidays and shall be reported as such
pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay.
E. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by an
employee because of the death or terminal illness in their immediate family.
NBLMA full-time members shall be entitled to 40 hours bereavement leave per
incident (terminal illness followed by death is considered one incident) and 32
hours bereavement leave for part-time members. 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. Immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child, and grandparent.
An employee requesting bereavement leave shall notify their supervisor as soon
as possible of the need to take leave.
Probationary Employees. An employee serving their initial probationary period who
takes leave under this section who for any reason terminates their employment
prior to the completion of such probationary period shall have their final paycheck
reduced by the value of the leave taken.
Section 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
10
NBLMA MOU 2022-2025
The City has established a Benefits Information Committee 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 care issues. The purpose of this Committee is to provide each
employee association with information about health care issues 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. The City
contribution toward the Cafeteria Plan shall be as set forth below.
Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs.The City and NBLMA will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
a. Full -Time Members:
The City's contribution towards the Cafeteria Plan is $1,645
(plus the minimum CaIPERS participating employer's
contribution). Full time NBLMA members who do not want to
enroll in any medical planoffered 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 medical insurance coverage on an annual basis.
Employees hired prior to September 28, 2019 who elect to opt
out of medicalcoverage 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 per month in taxable cash. For these same employees,
if they elect medical coverage and spend less than the City
11
NBLMA MOU 2022-2025
contribution provided above, those unused cafeteria plan funds
shall be paid to the employee as taxable cash.
Employees hired on or after September 28, 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)
shall receive $500 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.
lf, prior to December 31, 2025, a court of competent jurisdiction
or formal legal opinion determines that the City's cafeteria
benefit plan is a bona fide plan such that the City's contributions
towards medical premiums will not be included in the
employee's regular rate of pay under the Fair Labor Standards
Act, the City will increase the monthly contribution towards the
Cafeteria Plan by a total of $200 over the remaining term of the
agreement. The $200 will be prorated annually over the
remaining term of the agreement, beginning with the first day of
the month following the day it becomes bona fide. Example: If
the cafeteria benefit plan becomes bona fide at the beginning of
the third year of the agreement, the City will increase the
monthly contribution by $100 per month in January of Year 3
and by an additional $100 per month (total $200) in January of
Year 4. If the cafeteria benefit plan becomes bona fide at the
beginning of the second year of the agreement, the $200 will be
spread evenly over the remaining three years of the agreement,
or at $67 per month in Year 2, another $67 per month in Year 3
and another $67 per month in Year 4. If the City's cafeteria
benefit plan is not determined to be a bona fide plan as outlined
above by a court of competent jurisdiction or formal legal
opinion prior to December 31, 2025, this paragraph will become
ineffective and the City's obligation to increase the cafeteria
contribution by $200 will cease on December 31, 2025.
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NBLMA MOU 2022-2025
b. Part -Time Members:
Part-time NBLMA members receive a monthly cafeteria benefit of
$601. For part-time employeesenrolled in medical plans, the
cafeteria amount is inclusive of the PERSdesignated minimum
medical insurance contribution.
For employees who do not enroll in a medical plan there shall
be no optout cafeteria benefit. Part-time time NBLMA members
who do not want to enroll in any medical 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).
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
theCity's health plan offerings for full-time employees 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 for full-time employees.
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
childcare 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 a full-time
Association membermay request that medical, childcare, 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 regular full-time employees with the following
provisions:
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NBLMA MOU 2022-2025
Short -Term Disability
Long -Term Disability
Benefit Amount
66.67% of covered
66.67% of covered
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. Effective the first premium payment after the
City Council adoption of the 2022-2025 MOU, the City will no longer
require unit members to pay one percent (1%) of base salary for this
benefit.
3. Life Insurance
The City shall provide life insurance for 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 (i.e., a maximum of $25,000).
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
The City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and their
family members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Retirement Benefit 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 enrolled by the City of Newport Beach as Safety
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NBLMA MOU 2022-2025
members on or before November 23, 2012, the retirement formula shall
be 3%@50 calculated on the basis of the single highest year.
Tier 2: For classic member (as defined in the Public Employees' Pension
Reform Act) employees enrolled in CaIPERS by the City of Newport
Beach as Safety members on or after November 24, 2012, 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 their retirement or any other three consecutive year
period chosen by the employee as set forth in Government Code section
20037.
Tier 3: For employees enrolled by the City of Newport Beach as Safety
members 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 compensation earnable during the three
consecutive years of employment immediately preceding the effective
date of their retirement or any other three consecutive year period
chosen by the employee as set forth in Government Code section
7522.32(a).
The City's contract with PERS also provides for:
a. The military buy-back provision pursuant to Section
20930.3 of the California Government Code and the
highest year benefit pursuant to Section 20042.
b. The Level 4 1959 Survivor Benefits
c. The pre -retirement option settlement 2 death benefit
(Section 21548)
2. Employee Contributions
Tier 1 and 2 Employees: All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction pursuant
to IRS Code Section 414(h)(2). This contribution will not be considered as
15
NBLMA MOU 2022-2025
part of employee's "compensation earnable" under Government Code
section 20636.
Unit members will, in addition to the 9% normal member contribution,
contribute 4.6% of pensionable compensation toward retirement costs as
permitted under Government Code §20516(f), for a total contribution of
13.6%.
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 (PEPRA) and equals 50% of the "total normal cost" as
determined by PERS. The employee Safety rate is subject to change based
on annual PERS actuarial valuations.
In addition to the statutorily required 50% contribution of total normal costs,
Tier III employees shall contribute an additional percentage of pensionable
compensation toward retirement costs pursuant to Government Code §
20516((), for a total contribution of 13.6%. If future fiscal year member
contribution rates for employees in Tier III change, the additional
contribution made by the employee under 20516(f) will be increased or
decreased accordingly so that the total employee contribution equals
13.6%, provided however, that the employee contribution shall never fall
below the statutory required contribution.
In the event PERS pension provisions for new or existing employees are
modified by State or Federal legislation resulting in changes to previously
negotiated terms, the parties agree to meet and confer to discuss
appropriate changes to the MOU.
E. Retiree Health Benefits Program (Full -Time Classifications Only)
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
three categories. The benefit is structured differently for each of the
categories. The categories are as follows:
16
NBLMA MOU 2022-2025
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 Tess
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 "MERP'? and
applies only to regular full-time NBLMA employees.
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for
bookkeeping purposes, called "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 1st
based on status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by
Association):
17
NBLMA MOU 2022-2025
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 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 contribution,
at the level of zero percent (0%). This amount may be changed, on
a going forward basis, as part of the 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 Tong -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.
Part A contributions may be included in PERS compensation. Part
Band Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrolment 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).
18
NBLMA MOU 2022-2025
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 their
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 their 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 CaIPERS participating
employer's contribution (i.e., the CaIPERS statutory minimum
19
NBLMA MOU 2022-2025
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 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
20
NBLMA MOU 2022-2025
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.
F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges 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.
NBLMA members attending pre -approved, directly job -related classes,
courses and seminars given by recognized agencies, organizations, or
individuals other than accredited college institutions may apply for
reimbursement of actual cost of tuition, books, fees, or other student
expenses. Reimbursement is contingent upon the successful completion of
the course. Successful completion means a document or certificate showing
successful completion of the course or seminar. All claims for reimbursement
require the approval of Fire Chief or designee before submittal to Human
Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500 per
fiscal year and the maximum reimbursement for part-time employees shall be
$1,125 per fiscal year.
21
NBLMA MOU 2022-2025
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members 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, based on
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
Classification or Series calculated from the date on which the
employee was first granted regular status in their current Classification
or any Classification within the Series, 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.
c. "Classification" shall mean one or more full-time positions identical or
similar in duties and embraced by a single job title authorized in the
City budget and shall not include part-time, seasonal, or temporary
positions. Classifications within a Series shall be ranked according to
pay (lowest ranking, lowest pay).
d. In this bargaining unit, there is one Series made up of three
classifications represented by the Association — Lifeguard Officer,
Lifeguard Captain and Lifeguard Battalion Chief.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a Tess
senior employee in a lower Classification within the Series.
22
NBLMA MOU 2022-2025
2. Procedure
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Employees within a Classification shall be laid off in inverse order of
seniority.
b. 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 within the bargaining unit, provided, however, that the
determination of the employee to be terminated from the position shall
be based on seniority within the Series. An employee who has
Bumping Rights shall notify the Department Director within seven (7)
working days after the notice of layoff of their intention to exercise
Bumping Rights.
c. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall be
laid off in inverse order of their position on the eligibility list or lists from
which they were appointed. In the event at least one of the employees
was not appointed from an eligibility list, the Department Director shall
determine the employee(s) to be laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days advance
notice of the layoff of 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 and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. The re-employment
list shall remain in effect until exhausted by removal of all names on the list. In
the event a vacant position occurs in the Classification which the employee
occupied at the time of layoff, or a lower ranking Classification within a Series,
the employee at the top of the Department re-employment list shall have the
right to appointment to the position, provided, he or she reports to work within
23
NBLMA MOU 2022-2025
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 their last
known address. Any employee shall have the right to refuse to be placed on
the re-employment list or the right to remove their name from the re-
employment list by sending written confirmation to the Human Resources
Director.
5. Severance Pay
Regular employees who are laid off shall, as of the date of layoff, receive one
week severance pay for each year of continuous service with the City of
Newport Beach, to a maximum of ten (10) weeks of severance pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the Employee
Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year the City will provide $500 to each
full-time unit member and $300 to each part-time unit member for sunglasses
and other sun protection materials (not restricted to use at Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which will
be conducted either on or off duty at the Department's discretion. Employees
directed to receive this screening off duty shall receive one (1) hour of
compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
The City will provide up to $3,000 per year towards the purchase of fitness equipment
to be used on duty for the intended benefit of NBLMA. The actual equipment to be
purchased shall be recommended by NBLMA, and shall require the final approval of
the Fire Chief. Unit employees shall be allowed up to three (3) hours per week for on
duty physical fitness training.
24
NBLMA MOU 2022-2025
F. Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2010
Employee Policy Manual. Should additional revisions to the Manual be proposed, the
City will meet and confer on applicable policy manual provisions which are within the
scope of bargaining.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
Signatures on the following page
25
NBLMA MOU 2022-2025
Executed this 10 day of M IW 2022:
NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION
By:
Gary CcrGvell, President
Signed in Counterpart
By:
Elizabeth Tourgeman, Counsel for NBLMA
CITY OF NEW •RICH
B
Kevin '!" on ayor
APPROVED AS TO FORM
Charles Sakai, Special Counsel for City of Newport Beach
ATTEST:
By:
Leilani Brown, City Clerk
26
NBLMA MOU 2022-2025
Executed this _d'ay of
, 2022:
NEWPORT BEACH LIFEGUARD MANAGEMENT
ASSOCIATION
By:
Gary Conwell, President
By.
ourgen 'ti, `raTisei for NBLMA
CITY OF NEWPORT BEACH
By:
Kevin Muldoon, Mayor
APPROVED AS TO FORM
By:
Charles Sakai, Special Counsel for City of Newport Beach
ATTEST:
By:
Leilani Brown, City Clerk
26
NBLMA MOU 2022-2025
EXHIBIT A
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 15, 2022
Represented Positions
Grade Step Hourly Rate Annual Salary
Lifeguard Officer (part-time)
Lifeguard Captain, Training
01 1 $ 27.94 $ 58,109
2 $ 29.33 $ 61,014
3 $ 30.80 $ 64,054
4 $ 32.34 $ 67,272
5 $ 33.95 $ 70,624
6 $ 35.65 $ 74,156
7 $ 37.44 $ 77,865
8 $ 39.32 $ 81,777
03 1 $ 40.34 $ 83,900
2 $ 42.36 $ 88,102
3 $ 44.47 $ 92,504
4 $ 46.69 $ 97,108
5 $ 49.03 $ 101,981
6 $ 51.47 $ 107,054
7 $ 54.07 $ 112,462
8 $ 56.77 $ 118,072
Lifeguard Captain 11 1 $ 37.53 $ 78,067
2 $ 39.40 $ 81,956
3 $ 41.38 $ 86,068
4 $ 43.44 $ 90,359
5 $ 45.63 $ 94,918
6 $ 47.93 $ 99,701
7 $ 50.33 $ 104,685
8 $ 52.85 $ 109,937
Lifeguard Battalion Chief
16 1 $ 47.27 $ 98,315
2 $ 49.61 $ 103,187
3 $ 52.09 $ 108,350
4 $ 54.68 $ 113,736
5 $ 57.43 $ 119,458
6 $ 60.27 $ 125,358
7 $ 63.29 $ 131,638
8 $ 66.45 $ 138,209
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 27
NBLMA MOU 2022-2025
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 14, 2023
Represented Positions
Grade Step Hourly Rate Annual Salary
Lifeguard Officer (part-time)
Lifeguard Captain, Training
01 1 $ 28.50 $ 59,271
2 $ 29.92 $ 62,234
3 $ 31.41 $ 65,335
4 $ 32.99 $ 68,617
5 $ 34.63 $ 72,037
6 $ 36.36 $ 75,639
7 $ 38.18 $ 79,423
8 $ 40.10 $ 83,412
03 1 $ 41.14 $ 85,578
2 $ 43.20 $ 89,864
3 $ 45.36 $ 94,355
4 $ 47.62 $ 99,050
5 $ 50.01 $ 104,020
6 $ 52.50 $ 109,195
7 $ 55.15 $ 114,712
8 $ 57.90 $ 120,434
Lifeguard Captain 11 1 $ 38.28 $ 79,628
2 $ 40.19 $ 83,595
3 $ 42.21 $ 87,789
4 $ 44.31 $ 92,166
5 $ 46.55 $ 96,816
6 $ 48.89 $ 101,695
7 $ 51.34 $ 106,778
8 $ 53.91 $ 112,136
Lifeguard Battalion Chief
16 1 $ 48.21 $ 100,281
2 $ 50.60 $ 105,251
3 $ 53.13 $ 110,517
4 $ 55.77 $ 116,011
5 $ 58.58 $ 121,847
6 $ 61.47 $ 127,865
7 $ 64.55 $ 134,271
8 $ 67.78 $ 140,973
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 28
NBLMA MOU 2022-2025
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 13, 2024
Represented Positions
Grade Step Hourly Rate Annual Salary
Lifeguard Officer (part-time)
Lifeguard Captain, Training
01 1 $ 29.07 $ 60,456
2 $ 30.52 $ 63,479
3 $ 32.04 $ 66,641
4 $ 33.65 $ 69,990
5 $ 35.33 $ 73,478
6 $ 37.09 $ 77,152
7 $ 38.95 $ 81,011
8 $ 40.90 $ 85,080
03 1 $ 41.97 $ 87,289
2 $ 44.07 $ 91,661
3 $ 46.27 $ 96,242
4 $ 48.57 $ 101,031
5 $ 51.01 $ 106,101
6 $ 53.55 $ 111,379
7 $ 56.25 $ 117,006
8 $ 59.06 $ 122,842
Lifeguard Captain 11 1 $ 39.05 $ 81,221
2 $ 40.99 $ 85,266
3 $ 43.05 $ 89,545
4 $ 45.20 $ 94,009
5 $ 47.48 $ 98,753
6 $ 49.87 $ 103,729
7 $ 52.36 $ 108,914
8 $ 54.99 $ 114,378
Lifeguard Battalion Chief
16 1 $ 49.18 $ 102,287
2 $ 51.61 $ 107,356
3 $ 54.20 $ 112,727
4 $ 56.89 $ 118,331
5 $ 59.75 $ 124,284
6 $ 62.70 $ 130,423
7 $ 65.84 $ 136,957
8 $ 69.13 $ 143,792
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar. 29
NBLMA MOU 2022-2025
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0% Cost of Living Adjustment
Effective January 11, 2025
Represented Positions
Grade Step Hourly Rate Annual Salary
Lifeguard Officer (part-time)
Lifeguard Captain, Training
01 1 $ 29.65 $ 61,665
2 $ 31.13 $ 64,749
3 $ 32.68 $ 67,974
4 $ 34.32 $ 71,390
5 $ 36.03 $ 74,947
6 $ 37.83 $ 78,694
7 $ 39.73 $ 82,632
8 $ 41.72 $ 86,782
03 1 $ 42.81 $ 89,035
2 $ 44.95 $ 93,494
3 $ 47.20 $ 98,166
4 $ 49.54 $ 103,052
5 $ 52.03 $ 108,223
6 $ 54.62 $ 113,607
7 $ 57.38 $ 119,346
8 $ 60.24 $ 125,299
Lifeguard Captain 11 1 $ 39.83 $ 82,845
2 $ 41.81 $ 86,972
3 $ 43.91 $ 91,335
4 $ 46.10 $ 95,889
5 $ 48.43 $ 100,728
6 $ 50.87 $ 105,803
7 $ 53.41 $ 111,092
8 $ 56.09 $ 116,666
Lifeguard Battalion Chief
16 1 $ 50.16 $ 104,333
2 $ 52.65 $ 109,503
3 $ 55.28 $ 114,982
4 $ 58.03 $ 120,698
5 $ 60.95 $ 126,769
6 $ 63.96 $ 133,031
7 $ 67.16 $ 139,696
8 $ 70.51 $ 146,668
Hourly pay rates are rounded to the nearest hundredth.
Annual salary is rounded to the nearest whole dollar.
30
NBLMA MOU 2022-2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION
January 1, 2019 through December 31, 2021
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND THE
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Duration of Memorandum 1
Scope 1
Conclusiveness 2
Savings 2
Other Terms and Conditions 2
Unit Classification Titles 2
Section 2. Compensation
Salary Adjustments 2
One-time Lump Sum Payment 3
Special Assignment Pay 3
Overtime 3
Uniforms 4
Call Out 4
Scholastic Achievement Pay 4
Night Standby 5
Move -up Pay 5
Move -down Pay 5
Court Standby Pay 6
Longevity Pay 6
Section 3. Leaves
Flex Leave 6
Use of Flex 7
Family Sick Leave 8
Holiday Time 8
Bereavement Leave 9
Section 4. Fringe Benefits
Insurance 9
Additional Health Insurance/ Programs 11
i
Employee Assistance Program 12
The Retirement Benefit 12
Retiree Health Benefits Program 14
Tuition Reimbursement 17
Section 5. Miscellaneous Provisions
Reduction in Force/Layoffs 18
Discipline 20
Health and Fitness Evaluations 20
Provision for Sun Protection 20
Fitness Equipment and Exercise Time 21
Employee Policy Manual 21
Direct Deposit 21
EXHIBIT A — Represented Classifications and Pay Rates 23
ii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of January 1, 2019 through December
31, 2021 .
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect from January 1, 2019
through December 31, 2021.
B. 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 Standard Operating Procedures (SOPs) falling within the scope
of representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within the
scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less
than seven (7) days prior to implementation of the proposed change. If such
proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
NBLMA MOU 2019-21
1
C. Conclusiveness
Except as provided for in this agreement, this MOU contains all of the covenants,
stipulations and provisions agreed upon by the parties.
D. Savings
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.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Unless specifically provided in this MOU, Part-time members shall only receive
those benefits in this MOU which are specifically set forth as applicable to Part-
time members.
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adiustments
Base salary increases for all NBLMA represented classifications shall be as follows
and as specified in Exhibit A:
Effective the pay period following City Council approval of this MOU, base salaries
will be increased by one and three quarters percent (1.75%) for all members of the
bargaining unit.
NBLMA MOU 2019-21
2
Effective the pay period including January 1, 2020, base salaries will be increased
by one and three quarters percent (1.75%) for all members of the bargaining unit.
Effective the pay period including January 1, 2021, base salaries will be increased
by one and three quarters percent (1.75%) for all members of the bargaining unit.
B. One -Time Lump Sum Payment
All members of the bargaining unit employed by the City at the beginning if the pay
period following City Council approval of this 2019-2021 MOU shall receive a one-
time payment (subject to tax withholdings) of one thousand five hundred dollars
($1,500.00). This payment shall be made by the beginning of the second pay
period following City Council approval of this 2019-2021 MOU. This one-time
payment shall not be reported to Ca1PERS as compensation earnable or
pensionable compensation as it is being provided in the same fiscal year in which
a base salary increase is being provided to members of this bargaining unit.
C. Special Assignment Pay
Boat Pay: Lifeguard Captains certified for and assigned to boat operations shall
receive additional compensation of 2.5% of base salary for their job classification.
Boat assignment pay will be assigned to a qualified Captain and compensated only
when performing boat duties.
Training Pay: The Lifeguard Captain assigned as the "Training Captain" will
receive an additional 7.5% of base pay while assigned the responsibilities of
training.
D. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Time worked shall be rounded to the nearest
quarter of an hour (seven (7) minutes or less round down; eight (8) minutes or
more round up). Paid time off shall be considered time worked for the purposes
of calculating MOU overtime.
The rate at which MOU overtime (overtime which is in addition to that which is
required by the FLSA) is paid does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 — Fringe Benefits of the MOU.
Unit employees shall have the option of requesting to earn compensatory time off
(CTO) for all overtime, including training time, in lieu of overtime compensation.
All use of compensatory time off shall be subject to existing City rules. The time
during which an employee may use accrued CTO is subject to approval by the
department head or his/her designee with due regard for the wishes of the
employee and the need to provide service. However, an employee wishing to use
his/her accrued CTO shall provide the City with reasonable notice of such
request. A request to use CTO without reasonable notice may still be granted
NBLMA MOU 2019-21 3
within the discretion of the supervisor or manager responsible for considering
the request. Notwithstanding this paragraph, the parties agree that employees
cannot use CTO from June 15 through Labor Day each year.
The maximum accrual of CTO shall be eighty (80) hours. Effective January 1,
2020, an employee may only accrue up to eighty (80) hours of CTO per calendar
year.
E. Uniforms
The City shall pay the entire cost of providing full-time and part-time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other clothing.
As permissible by law and subject to the provisions and limitations under the Public
Employees' Retirement Law, including restrictions on reporting uniform allowance
as pensionable compensation for "non -classic" members hired after January 1,
2013, the City shall report the value of provided uniforms at $838 per year ($32.23
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.
F. Call Out
Call out compensation shall be in accordance with the following provisions:
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. A minimum of two (2) hours (including travel time),If the two hours causes
the employee to exceed forty (40) hours in the week, the rate of pay shall
be at one and one half (1 1/2) times the employee's rate of pay. Employees
will be considered "on duty" at the beginning of each emergency call out for
a minimum of two (2) hours or until completed. Employees will not be
compensated for additional call outs that occur during the initial two (2) hour
response period, or during normal working hours.
G. Scholastic Achievement Pay
Employees in the classification of Lifeguard Captain shall receive two percent of
base salary (2°/0) if they receive a Bachelor's Degree. Employees in the
classification of Lifeguard Battalion Chief shall receive one percent (1 %) of base
salary if the receive a Master's Degree.
NBLMA MOU 2019-21
4
A "degree" shall be awarded by an institution accredited by the State of California,
the United States Department of Education, the Council for Higher Education, or
the Distance Education Training Council.
H. Night Standby
A full-time or part-time employee assigned to standby duty (as defined by
Department Policy) for purposes of being on call to handle emergency situations
arising at times other than during normal working hours shall be guaranteed two
and a half (2.5) hours of pay at the employee's rate of pay for each calendar day
of such standby duty. Employees shall have the option of receiving compensatory
time off at straight time in lieu of pay for night standby. This compensatory time
off is part of same bank which is subject to the maximum accrual of compensatory
time off set forth in Section 2D above.
1. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classification.
Employees temporarily upgraded to the following job classifications and equivalent
positions shall receive a five percent (5%) pay differential over their rate of pay for
all time worked in the higher job classification if they are assigned to work in the
higher job classification for a period of one (1) working hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, flex leave and other paid leave shall be paid at the employee's rate of
pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
J. Move -down Pay
Employees who work down — a temporary assignment of an employee to work in
a job classification, which is assigned to a salary schedule lower than his her
regular job classification (i.e., a Battalion Chief who moves down as a Lifeguard
Captain or a Lifeguard Captain who moves down as a Lifeguard Officer) shall be
paid at the top step of the classification to which the employee moved down unless
the top step of the moved down classification is higher than their current rate of
pay. In that case, they will be paid at the regular pay rate.
NBLMA MOU 2019-21
5
K. Court Standby Pay
All NBLMA 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. NBLMA 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.
L. Longevity Pay
Employees in the Unit shall receive Longevity Pay as follows:
Years of Service
16 but less than 20
20 but less than 25
25 and over
SECTION 3. LEAVES
A. Flex Leave
1. Basis for Accrual
Full -Time Members:
Longevity Pay
1.0%
1.5%
2.5%
Regular full-time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of continuous
service in the unit
1 but less than 5
5 but less than 9
9 but less than 12
12 and over
Part -Time Members:
Accrual per
pay period/hrs
5.54
6.15
6.77
7.69
Maximum Hours
Annual Accrual
288.08
319.80
352.04
399.88
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of .04 hours for each hour worked.
NBLMA MOU 2019-21
6
2. Limit on Accumulation and Cash Out of Flex Leave
Employees shall be entitled to accrue flex leave up to a maximum of fifty-
two (52) times the member's bi-weekly accrual rate. This limit on
accumulation shall apply to both full-time and part-time members. Earned
flex leave in excess of the maximum permitted is currently paid bi-weekly at
the member's hourly rate of pay ("spillover pay"). Members shall be eligible
for flex leave spillover pay only if they have utilized at least eighty (80) hours
of flex leave the previous calendar year. Employees who have not utilized
eighty (80) hours of leave for full time and sixty (60) hours for part-time the
prior calendar year shall not be eligible for "spillover pay". Once an
employee accrues the maximum accrual limit, he/she will not accrue
additional flex leave until he/she uses leave and reduces his/her accrual
below the accrual limit.
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 one hundred and sixty (160) hours. On or before
December 31, 2018, each employee shall have the one-time option of
cashing out all or a portion of Flex Leave benefits credited to his/her account
as of that date. However, in no event shall the flex leave balance be
reduced below one hundred and sixty (160) hours when the leave is cashed
out.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the seniority and wishes of the employee. Flex leave may be
granted on an hourly basis.
B. Use of Flex
Level A staffing shall run from June 15th through Labor Day. During this period of
time, full-time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave requiring backfill. Additional flex leave during this
period may be approved if, in the opinion of management, adequate staffing levels
can be maintained.
NBLMA MOU 2019-21
C. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual leave accrual for an illness of a family member as defined below
which requires the presence of the employee. Such time may be taken from the
employee's annual leave accrual or leave bank, at the employee's choice. Leave
shall be administered in accordance with the provisions of the Employee Policy
Manual (EPM).
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean biological,
adopted, or foster child; a stepchild; a legal ward; or a child of an employee
standing in local parentis), grandchild, grandparent, sibling or as modified by State
or Federal law.
D. Holiday Time
As described in the following paragraph, employees shall receive leave or pay for
the following holidays:
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Full time employees receive 96 hours of holiday time per year, 1/26th (3.69 hours)
per pay period which will be paid or accrued each pay period. Part-time employees
receive 72 hours of holiday time per year, 1/26th (2.77 hours) per pay period which
will be paid or accrued each pay period. When an employee becomes an NBLMA
member, he/she shall select to receive either pay, leave or a combination of both
pay and leave for the holidays. When a part-time employee in the unit is appointed
to a full-time classification, he/she shall select to receive either pay, leave or a
combination of both pay and leave for the additional twenty-four (24) hours.
To the extent permitted by law, this holiday compensation shall be reported to
PERS as special compensation and shall be regarded as compensation earnable
as defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
NBLMA MOU 2019-21
8
E. 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.
NBLMA full-time members shall be entitled to 40 hours bereavement leave per
incident (terminal illness followed by death is considered one incident) and 32
hours bereavement leave for part-time members. 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. Immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child and grandparent.
An employee requesting bereavement leave shall notify his/her supervisor as soon
as possible of the need to take leave.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have his/her
final pay check reduced by the value of the leave taken.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee 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 care
issues. The purpose of this Committee is to provide each employee
association with information about health care issues 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. The City
contribution toward the Cafeteria Plan shall be as set forth below.
Employees shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision insurance/programs.
The City and NBLMA will cooperate in pursuing additional optional benefits
to be available through the Cafeteria Plan.
NBLMA MOU 2019-21
9
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
a. Full -Time Members:
The City's contribution towards the Cafeteria Plan is $1,624 (plus the
minimum CaIPERS participating employer's contribution). Effective the
pay period following City Council approval of this 2019-2021 MOU, this
amount will increase to $1,645.
Full time NBLMA members who do not want to enroll in any medical 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 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 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 on or 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 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.
b. Part -Time Members:
Part-time NBLMA members receive a monthly cafeteria benefit of $585.
Effective the pay period following City Council approval of this 2019-
2021 MOU, this amount will increase to $601. For part-time employees
enrolled in medical plans, the cafeteria amount is inclusive of the PERS
designated minimum medical insurance contribution.
For employees who do not enroll in a medical plan there shall be no opt
out cafeteria benefit. Part-time time NBLMA members who do not want
NBLMA MOU 2019-21 10
to enroll in any medical 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).
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings for full-time employees 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 for full-time employees.
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 a full-time 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 regular full-time employees with the following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount
66.67% of covered
66.67% of covered
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.
NBLMA MOU 2019-21
11
3. Life Insurance
The City shall provide life insurance for 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 (i.e., a maximum of $25,000). 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 Program (EAP) for Association
members 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 Benefit 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 enrolled by the City of Newport Beach as Safety
members on or before November 23, 2012, the retirement formula shall be
3%@50 calculated on the basis of the single highest year.
Tier 2: For classic member (as defined in the Public Employees' Pension
Reform Act) employees enrolled in CaIPERS by the City of Newport Beach as
Safety members on or after November 24, 2012, 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 3: For employees enrolled by the City of Newport Beach as Safety
members 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 compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement
NBLMA MOU 2019-21
12
or any other three consecutive year period chosen by the employee as set forth
in Government Code section 7522.32(a).
The City's contract with PERS also provides for:
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548).
2. Employee Contributions
Tier 1 and 2 Employees: All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction pursuant
to IRS Code Section 414(h)(2). This contribution will not be considered as
part of employee's "compensation earnable" under Government Code
section 20636.
Unit members will, in addition to the 9% normal member contribution,
contribute 4.6% of pensionable compensation toward retirement costs as
permitted under Government Code §20516(f), for a total contribution of
13.6%.
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 (PEPRA) and equals 50% of the "total normal cost" as
determined by PERS. For FY17-18, the employee Safety rate is 10.5% and
is subject to change based on annual PERS actuarial valuations.
In addition to the statutorily required 50% contribution of total normal costs,
Tier 111 employees shall contribute 3.10% of pensionable compensation
toward retirement costs pursuant to Government Code § 20516(0, fora total
contribution of 13.6%. If future fiscal year member contribution rates for
employees in Tier 111 become greater or less than 10.5%, the additional
contribution made by the employee under 20516(0 will be increased or
decreased accordingly so that the total employee contribution equals
13.6%.
In the event CaIPERS pension provisions for new or existing employees are
modified by State or Federal legislation, resulting in changes to previously
negotiated terms, the parties agree to meet and confer to discuss
appropriate changes to the MOU.
NBLMA MOU 2019-21 13
E. Retiree Health Benefits Program (Full -Time Classifications Only)
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) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP') and
applies only to regular full-time NBLMA employees.
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 1st based on
status as of December 31 st of the prior year).
NBLMA MOU 2019-21
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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 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 contribution, at the
level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the 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 Tong -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.
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 enrolment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment (i.e.
five years at full time status). At that time, the City will credit the first five
years' worth of Part B contributions into the Employee Account (interest
does not accrue during that period). Thereafter, contributions are made
bi-weekly. Part C deposits, if any, will be made at the time of employment
separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
NBLMA MOU 2019-21
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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 CaIPERS 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
NBLMA MOU 2019-21 16
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 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.
F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges 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
NBLMA MOU 2019-21
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courses. All claims for tuition reimbursement require the approval of the Human
Resources Director.
NBLMA members attending pre -approved, directly job -related classes, courses
and seminars given by recognized agencies, organizations or individuals other
than accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent upon
the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee before
submittal to Human Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500 per fiscal
year and the maximum reimbursement for part-time employees shall be $1,125
per fiscal year.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members 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
Classification or Series calculated from the date on which the
employee was first granted regular status in their current
Classification or any Classification within the Series, subject to the
following:
Credit shall be given only for continuous service (as described
in the next paragraph) subsequent to the most recent
appointment to 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
NBLMA MOU 2019-21
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spent on any other authorized or unauthorized leave of
absence.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. In this bargaining unit, there is one Series made up of the three
classifications represented by the Association — Lifeguard Officer,
Lifeguard Captain and Lifeguard Battalion Chief.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Employees within a Classification shall be laid off in inverse order of
seniority;
b. An employee subject to layoff in one Classification shall have the
right to Bump a Tess senior employee in a lower ranking Classification
within a Series within the bargaining unit, provided, however, that the
determination of the employee to be terminated from the position
shall be based on seniority within the Series. An employee who has
Bumping Rights shall notify the Department Director within seven (7)
working days after notice of layoff of his/her intention to exercise
Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
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).
NBLMA MOU 2019-21
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4. Re —Employment
Regular and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The re—
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the Classification
which the employee occupied at the time of layoff, or a lower ranking
Classification within a Series, the employee at the top of the Department
re—employment list shall have the right to appointment to the position,
provided, he or she reports to work within seven (7) days of written notice
of appointment. Notice shall be deemed given when personally delivered
to the employee or deposited in the U.S. Mail, certified, return receipt
requested, and addressed to the employee at his or her last known
address. Any employee shall have the right to refuse to be placed on the
re—employment list or the right to remove his or her name from the re—
employment list by sending written confirmation to the Human Resources
Director.
5. Severance Pay
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, to a maximum of ten (10) weeks of severance pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the Employee
Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to each
full-time unit member and $300 to each part-time unit member for
sunglasses and other sun protection materials (not restricted to use at
Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
NBLMA MOU 2019-21
20
E. Fitness Equipment and Exercise Time
The City will provide up to $3,000 per year towards the purchase of fitness
equipment to be used on duty for the intended benefit of NBLMA. The actual
equipment to be purchased shall be recommended by NBLMA, and shall require
the final approval of the Fire Chief. Unit employees shall be allowed up to three
(3) hours per week for on duty physical fitness training.
F Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2001
Employee Policy Manual. Should additional revisions to the Manual be proposed,
the City will meet and confer on applicable policy manual provisions which are
within the scope of bargaining.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
Signatures on the following page
NBLMA MOU 2019-21
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Executed this 24 day of SEPTEMPSE R , 2019:
NEWPORT BEACH LIFF.C�UARD MA ►GEMENT ASSOCIATION
BY:
BY:
BY:
Gary Co
C
esident
Ure, Vice eP.r sident
CITY OF WPORT BEAC
Diane B. Dixon, Mayo
CITY OF NEWPORT BEACH
APPROVFbAS TO FORM
ATTEST:
BY:
Leilani Brown, City Clerk
NBLMA MOU 2019-21
22
Exhibit A
City of Newport Beach
LIFEGUARD MANAGEMENT ASSOCIATION
SALARY SCHEDULE ADJUSTMENTS
REVISION DATE: SEPTEMBER 28, 2019
1.75% COST OF LIVING ADJUSTMENT
Position Title
Hourly Pay Rate 1 Monthly Pay Rate 2
Min Max Min Max
LIFEGUARD BATTALION CHIEF $44.76 $62.92 $7,758 $10,907
LIFEGUARD CAPTAIN $35.54 $50.05 $6,160 $8,675
LIFEGUARD CAPTAIN + 7.5%3 $38.20 $53.75 $6,621 $9,317
LIFEGUARD OFFICER (PART TIME) $26.46 $37.23 $4,586 $6,453
REVISION DATE: JUNE 20, 2020
1.75% COST OF LIVING ADJUSTMENT
Position Title
Hourly Pay Rate 1 Monthly Pay Rate 2
Min Max Min Max
LIFEGUARD BATTALION CHIEF $45.54 $64.02 $7,894 $11,097
LIFEGUARD CAPTAIN $36.16 $50.93 $6,268 $8,827
LIFEGUARD CAPTAIN + 7.5%3 $38.87 $54.70 $6,737 $9,481
LIFEGUARD OFFICER (PART TIME) $26.92 $37.88 $4,666 $6,566
REVISION DATE: JUNE 19, 2021
1.75% COST OF LIVING ADJUSTMENT
Position Title
Hourly Pay Rate 1 Monthly Pay Rate 2
Min Max Min Max
LIFEGUARD BATTALION CHIEF
LIFEGUARD CAPTAIN
LIFEGUARD CAPTAIN + 7.5% 3
LIFEGUARD OFFICER (PART TIME)
$46.34
$36.80
$39.55
$27.39
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
$65.14
$51.82
$55.65
$38.54
$8,032
$6,378
$6,855
$4,747
a LIFEGUARD CAPTAIN + 7.5% includes compensation for the Lifeguard Captain responsible for training.
$11,292
$8,982
$9,646
$6,681
Citywide Salary Schedule Effective June 22, 2019
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of June 12, 2018 — December 31,
2018.
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect from June 12, 2018 —
December 31, 2018.
B. 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 Standard Operating Procedures (SOPs) falling within the scope
of representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within the
scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less
than seven (7) days prior to implementation of the proposed change. If such
proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such impact.
NBLMA MOU 2018
1
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.
C. Conclusiveness
Except as provided for in this agreement, this MOU contains all of the covenants,
stipulations and provisions agreed upon by the parties.
D. Savings
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.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Unless specifically provided in this MOU, Part-time members shall only receive
those benefits in this MOU which are specifically set forth as applicable to Part-
time members.
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Base salary increases for all NBLMA represented classifications shall be as follows
and as specified in Exhibit A:
NBLMA MOU 2018
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Effective the pay period following City Council approval of this MOU, base salaries
will be increased by one percent (1.0%) for all members of the bargaining unit.
Effective the pay period following City Council approval of this MOU, base salaries
will be increased by four and sixty-nine one hundredths percent (4.69%) for
employees in the classification of Lifeguard Battalion Chief.
Effective the pay period following City Council approval of this MOU, base salaries
will be increased by two and sixty-eight one hundredths percent (2.68%) for
employees in the classification of Lifeguard Captain.
B. Special Assignment Pay
Boat Pay: Lifeguard Captains certified for and assigned to boat operations shall
receive additional compensation of 2.5% of base salary for their job classification.
Boat assignment pay will be assigned to a qualified Captain and compensated only
when performing boat duties.
Training Pay: The Lifeguard Captain assigned as the "Training Captain" will
receive an additional 7.5% of base pay while assigned the responsibilities of
training.
C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Time worked shall be rounded to the nearest
quarter of an hour (seven (7) minutes or Tess round down; eight (8) minutes or
more round up). Paid time off shall be considered time worked for the purposes
of calculating MOU overtime.
The rate at which MOU overtime (overtime which is in addition to that which is
required by the FLSA) is paid does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 — Fringe Benefits of the MOU.
Unit employees shall have the option of requesting to earn compensatory time off
(CTO) for all overtime, including training time, in lieu of overtime compensation.
All use of compensatory time off shall be subject to existing City rules. The time
during which an employee may use accrued compensatory time off is subject to
approval by the department head or his/her designee with due regard for the
wishes of the employee and the need to provide service. However, an employee
wishing to use his/her accrued compensatory time off shall provide the City with
reasonable notice of such request. A request to use compensatory time off
without reasonable notice may still be granted within the discretion of the
supervisor or manager responsible for considering the request. The maximum
accrual of CTO shall be eighty (80) hours.
NBLMA MOU 2018 3
D. Uniforms
The City shall pay the entire cost of providing full-time and part-time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other clothing.
As permissible by law and subject to the provisions and limitations under the Public
Employees' Retirement Law, including restrictions on reporting uniform allowance
as pensionable compensation for "non -classic" members hired after January 1,
2013, the City shall report the value of provided uniforms at $838 per year ($32.23
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.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
1. All emergency call out time shall be calculated to the nearest one -quarter
(1/4) hour of time worked.
2. A minimum of two (2) hours (including travel time),If the two hours causes
the employee to exceed forty (40) hours in the week, the rate of pay shall
be at one and one half (1 1/2) times the employee's rate of pay. Employees
will be considered "on duty" at the beginning of each emergency call out for
a minimum of 2 hours or until completed. Employees will not be
compensated for additional call outs that occur during the initial 2-hour
response period, or during normal working hours.
F. Scholastic Achievement Pay
Employees in the classification of Lifeguard Captain shall receive two percent of
base salary (2%) if they receive a Bachelor's Degree. Employees in the
classification of Lifeguard Battalion Chief shall receive one percent (1%) of base
salary if they receive a Master's Degree.
A "degree" shall be awarded by an institution accredited by the State of California,
the United States Department of Education, the Council for Higher Education, or
the Distance Education Training Council.
NBLMA MOU 2018
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G. Night Standby
A full-time or part-time employee assigned to standby duty (as defined by
Department Policy) for purposes of being on call to handle emergency situations
arising at times other than during normal working hours shall be guaranteed two
and a half (2.5) hours of pay at the employee's rate of pay for each calendar day
of such standby duty. Employees shall have the option of receiving compensatory
time off at straight time in lieu of pay for night standby.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classification.
Employees temporarily upgraded to the following job classifications and equivalent
positions shall receive a five percent (5%) pay differential over their rate of pay for
all time worked in the higher job classification if they are assigned to work in the
higher job classification for a period of one (1) working hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, flex leave and other paid leave shall be paid at the employee's rate of
pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
I. Move -down Pay
Employees who work down — a temporary assignment of an employee to work in
a job classification, which is assigned to a salary schedule lower than his her
regular job classification (i.e., a Battalion Chief who moves down as a Lifeguard
Captain or a Lifeguard Captain who moves down as a Lifeguard Officer) shall be
paid at the top step of the classification to which the employee moved down unless
the top step of the moved down classification is higher than their current rate of
pay. In that case, they will be paid at the regular pay rate.
J. Court Standby Pay
All NBLMA 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
NBLMA MOU 2018
5
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. NBLMA 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.
K. Longevity Pay
Employees in the Unit shall receive Longevity Pay as follows:
Years of Service
16 but less than 20
20 but Tess than 25
25 and over
SECTION 3. LEAVES
A. Flex Leave
1. Basis for Accrual
Full -Time Members:
Longevity Pay
1.0%
1.5%
2.5%
Regular full-time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of continuous
service in the unit
1 but less than 5
5 but Tess than 9
9 but less than 12
12 and over
Part -Time Members:
Accrual per
pay period/hrs
5.54
6.15
6.77
7.69
Maximum Hours
Annual Accrual
288.08
319.80
352.04
399.88
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of .04 hours for each hour worked.
NBLMA MOU 2018
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2. Limit on Accumulation and Cash Out of Flex Leave
Employees shall be entitled to accrue flex leave up to a maximum of fifty-
two (52) times the member's bi-weekly accrual rate. This limit on
accumulation shall apply to both full-time and part-time members. Earned
flex leave in excess of the maximum permitted is currently paid bi-weekly at
the member's hourly rate of pay ("spillover pay"). Members shall be eligible
for flex leave spillover pay only if they have utilized at least eighty (80) hours
of flex leave the previous calendar year. Employees who have not utilized
eighty (80) hours of leave for full time and sixty (60) hours for part-time the
prior calendar year shall not be eligible for "spillover pay". Once an
employee accrues the maximum accrual limit, he/she will not accrue
additional flex leave until he/she uses leave and reduces his/her accrual
below the accrual limit.
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 one hundred and sixty (160) hours. On or before
December 31, 2018, each employee shall have the one-time option of
cashing out all or a portion of Flex Leave benefits credited to his/her account
as of that date. However, in no event shall the flex leave balance be
reduced below one hundred and sixty (160) hours when the leave is cashed
out.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the seniority and wishes of the employee. Flex leave may be
granted on an hourly basis.
B. Use of Flex
Level A staffing shall run from June 15th through Labor Day. During this period of
time, full-time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave requiring backfill. Additional flex leave during this
period may be approved if, in the opinion of management, adequate staffing levels
can be maintained.
NBLMA MOU 2018
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C. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual leave accrual for an illness of a family member as defined below
which requires the presence of the employee. Such time may be taken from the
employee's annual leave accrual or leave bank, at the employee's choice. Leave
shall be administered in accordance with the provisions of the Employee Policy
Manual (EPM).
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean biological,
adopted, or foster child; a stepchild; a legal ward; or a child of an employee
standing in local parentis), grandchild, grandparent, sibling or as modified by State
or Federal law.
D. Holiday Time
As described in the following paragraph, employees shall receive leave or pay for
the following holidays:
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Full time employees receive 96 hours of holiday time per year, 1/26th (3.69 hours)
per pay period which will be paid or accrued each pay period. Part-time employees
receive 72 hours of holiday time per year, 1/26th (2.77 hours) per pay period which
will be paid or accrued each pay period. When an employee becomes an NBLMA
member, he/she shall select to receive either pay, leave or a combination of both
pay and leave for the holidays. When a part-time employee in the unit is appointed
to a full-time classification, he/she shall select to receive either pay, leave or a
combination of both pay and leave for the additional twenty-four (24) hours.
NBLMA MOU 2018
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To the extent permitted by law, this holiday compensation shall be reported to
PERS as special compensation and shall be regarded as compensation earnable
as defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
E. 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.
NBLMA full-time members shall be entitled to 40 hours bereavement leave per
incident (terminal illness followed by death is considered one incident) and 32
hours bereavement leave for part-time members. 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. Immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child and grandparent.
An employee requesting bereavement leave shall notify his/her supervisor as soon
as possible of the need to take leave.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have his/her
final pay check reduced by the value of the leave taken.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee 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 care
issues. The purpose of this Committee is to provide each employee
association with information about health care issues and to receive timely
input from associations regarding preferred coverage options and levels of
coverage.
NBLMA MOU 2018
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2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be as set forth below.
Employees shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision insurance/programs.
The City and NBLMA will cooperate in pursuing additional optional benefits
to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
a. Full -Time Members:
The City's contribution towards the Cafeteria Plan will increase to $1,524
(plus the minimum CaIPERS participating employer's contribution).
Effective the pay period including June 23, 2018, the City contribution
towards the Cafeteria Plan will be $1, 624 (plus the minimum CaIPERS
participating employer's contribution).
Full time NBLMA members who do not want to enroll in any medical 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 medical insurance coverage on an annual basis.
The opt -out amount for full-time employees is $1,000 per month.
b. Part -Time Members:
Part-time NBLMA members will receive a monthly cafeteria benefit of
$585. For part-time employees enrolled in medical plans, the cafeteria
amount is inclusive of the PERS designated minimum medical insurance
contribution.
For employees who do not enroll in a medical plan there shall be no opt
out cafeteria benefit. Part-time time NBLMA members who do not want
to enroll in any medical 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).
NBLMA MOU 2018
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3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings for full-time employees 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 for full-time employees.
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 a full-time 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 regular full-time employees with the following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
NBLMA MOU 2018
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not supplement the disability benefit with paid leave once the waiting period
has been exhausted.
Employees have a one (1.0%) percent base salary reduction for the cost of
this benefit.
3. Life Insurance
The City shall provide life insurance for 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 (i.e., a maximum of $25,000). 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 Program (EAP) for Association
members 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 Benefit 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 enrolled by the City of Newport Beach as Safety
members on or before November 23, 2012, the retirement formula shall be
3%@50 calculated on the basis of the single highest year.
Tier 2: For classic member (as defined in the Public Employees' Pension
Reform Act) employees enrolled in CaIPERS by the City of Newport Beach as
Safety members on or after November 24, 2012, 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.
NBLMA MOU 2018
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Tier 3: For employees enrolled by the City of Newport Beach as Safety
members 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%(a�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 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 7522.32(a).
The City's contract with PERS also provides for:
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548).
2. Employee Contributions
Tier 1 and 2 Employees: All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction pursuant
to IRS Code Section 414(h)(2). This contribution will not be considered as
part of employee's "compensation earnable" under Government Code
section 20636.
Unit members will, in addition to the 9% normal member contribution,
contribute 4.6% of pensionable compensation toward retirement costs as
permitted under Government Code §20516(t), for a total contribution of
13.6%.
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 (PEPRA) and equals 50% of the "total normal cost" as
determined by PERS. For FY17-18, the employee Safety rate is 10.5% and
is subject to change based on annual PERS actuarial valuations.
In addition to the statutorily required 50% contribution of total normal costs,
Tier 111 employees shall contribute 3.10% of pensionable compensation
NBLMA MOU 2018
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toward retirement costs pursuant to Government Code § 20516(0, for a total
contribution of 13.6%. If future fiscal year member contribution rates for
employees in Tier Ill become greater or less than 10.5%, the additional
contribution made by the employee under 20516(0 will be increased or
decreased accordingly so that the total employee contribution equals
13.6%.
In the event CaIPERS pension provisions for new or existing employees are
modified by State or Federal legislation, resulting in changes to previously
negotiated terms, the parties agree to meet and confer to discuss
appropriate changes to the MOU.
E. Retiree Health Benefits Program (Full -Time Classifications Only)
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) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP') and
applies only to regular full-time NBLMA employees.
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
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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 31st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees
it represents, subject to the following constraints. All employees within
the Association must participate at the same level. 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 contribution, at the
level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the 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.
Part A contributions may be included in PERS compensation. Part B and
Part C contributions will not be included in PERS compensation.
NBLMA MOU 2018
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Part A contributions begin upon enrolment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment (i.e.
five years at full time status). At that time, the City will credit the first five
years' worth of Part B contributions into the Employee Account (interest
does not accrue during that period). Thereafter, contributions are made
bi-weekly. Part C deposits, if any, will be made at the time of employment
separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as defined
by the Internal Revenue Code Section 213(d) (as explained in IRS
Publication 502), and specified in the Plan Document. In accordance
with current IRS regulations and practices, this generally includes
premiums for medical insurance, dental insurance, vision insurance,
supplemental medical insurance, long term care insurance, and
miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification 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 CaIPERS participating employer's
contribution (i.e., the CaIPERS statutory minimum amount) towards
medical insurance after retirement. The parties also agree that, for
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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 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.
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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.
F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges 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.
NBLMA members attending pre -approved, directly job -related classes, courses
and seminars given by recognized agencies, organizations or individuals other
than accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent upon
the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee before
submittal to Human Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500 per fiscal
year and the maximum reimbursement for part-time employees shall be $1,125
per fiscal year.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members 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
NBLMA MOU 2018
18
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
Classification or Series calculated from the date on which the
employee was first granted regular status in their current
Classification or any Classification within the Series, 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.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. In this bargaining unit, there is one Series made up of the three
classifications represented by the Association — Lifeguard Officer,
Lifeguard Captain and Lifeguard Battalion Chief.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
NBLMA MOU 2018
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a. Employees within a Classification shall be laid off in inverse order of
seniority;
b. 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 within the bargaining unit, provided, however, that the
determination of the employee to be terminated from the position
shall be based on seniority within the Series. An employee who has
Bumping Rights shall notify the Department Director within seven (7)
working days after notice of layoff of his/her intention to exercise
Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
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 and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The re—
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the Classification
which the employee occupied at the time of layoff, or a lower ranking
Classification within a Series, the employee at the top of the Department
re—employment list shall have the right to appointment to the position,
provided, he or she reports to work within seven (7) days of written notice
of appointment. Notice shall be deemed given when personally delivered
to the employee or deposited in the U.S. Mail, certified, return receipt
requested, and addressed to the employee at his or her 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.
NBLMA MOU 2018 20
5. 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, to a maximum of ten (10) weeks of severance pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the Employee
Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to each
full-time unit member and $300 to each part-time unit member for
sunglasses and other sun protection materials (not restricted to use at
Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
The City will provide up to $3,000 per year towards the purchase of fitness
equipment to be used on duty for the intended benefit of NBLMA. The actual
equipment to be purchased shall be recommended by NBLMA, and shall require
the final approval of the Fire Chief. Unit employees shall be allowed up to three
(3) hours per week for on duty physical fitness training.
F Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2001
Employee Policy Manual. Should additional revisions to the Manual be proposed,
the City will meet and confer on applicable policy manual provisions, which are
within the scope of bargaining.
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G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
Executed this day of 776,1 Of, , 2018:
NEWPORT BEACH LIFEGUARg MANAGEMENT ASSOCIATION
BY:
ary Cow e)J, F'fresidt
BY:
Brent Jacp
en, Vice President
CITY OF NEWPORT BEACH
Duffy
ueld, ayor
APPROVED AS TO FORM BY:
Peter J rown
ATTEST.
BY:
Leilani Brown, City Clerk
NBLMA MOU 2018
22
EXHIBIT A
Newport Beach Lifeguard Management Association
Represented Classifications and Pay Rates
Term: June 12, 2018, to December 31, 2018
LIFEGUARD OFFICER PT
1% Cost of Living Adjustment
$ 26.00 $ 36.59
$ 4,507 $ 6,342
LIFEGUARD CAPTAIN
2.68% Base Rate Adjustment
1.0% Cost of Living Adjustment
$ 34.58 ' $ 48.70
$ 34.93 $ 49.19
$ 5,994 $ 8,441
$ 6,055 $ 8,526
LIFEGUARD CAPTAIN + 7.5% 2
2.68% Base Rate Adjustment
1.0% Cost of Living Adjustment
$ 37.17 $ 52.31
$ 37.54 $ 52.83
$ 6,443 $ 9,067
$ 6,507 $ 9,157
LIFEGUARD BATTALION CHIEF
4.69% Base Rate Adjustment
1.0% Cost of Living Adjustment
$ 43.55 $ 61.23
$ 43.99 $ 61.84
$ 7,549 $ 10,613
$ 7,625 $ 10,719
1 Monthly Pay Rates are rounded to nearest whole dollar.
Z LIFEGUARD CAPTAIN +7.5% identifies and compensates the assigned "Training Captain" an additional
7.5% of base pay while assigned the training responsibilities.
23
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of July 1, 2014 through December
31, 2017.
2. NBLMA representatives have reached an agreement as to wages, hours and
other terms and conditions of employment to apply to all affected EMPLOYEES
for the time period defined above. Said EMPLOYEES desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the City Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective
July 1, 2014, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning July 1,
2014 through December 31, 2017.
B. 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 Standard Operating Procedures (SOPs) falling within the
scope of representation, the City has given notice to the Association and,
upon request, met and conferred on any proposed changes which fall
within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less
NBLMA MOU 2014-2017
1
than seven (7) days prior to implementation of the proposed change. If
such proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, 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 and each party expressly waives its
rights to request the other to meet and confer concerning any issue relating
primarily to matters within the scope of representation except as expressly
provided for 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, which is not embodied in this MOU.
Any changes to any salaries, benefits or terms and conditions of employment
within the scope of representation not embodied in this MOU shall require prior
mutual agreement signed by the Mayor and the Newport Beach Lifeguard
Management Association President.
D. Savings
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; provided, however, that should the provisions
of this MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternate benefits agreeable to NBLMA, to EMPLOYEES
to receive the same amount of money as they would have received had such
provision not been declared invalid.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Benefits for part-time members of the unit shall generally be excluded, unless
otherwise provided and on a pro -rated basis, based upon hours worked.
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F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Base salary increases
follows and as specified
Effective the pay period
2.6%.
Effective the pay period
2.5%.
Effective the pay period
2.5%.
B. Special Assignment Pay
for all NBLMA
in Exhibit A:
including July 1,
including July 1,
including July 1,
represented classifications shall be as
2015, base salaries will be increased by
2016, base salaries will be increased by
2017, base salaries will be increased by
Boat Pay: Lifeguard Captains certified for and assigned to boat operations shall
receive additional compensation of 2.5% of base salary for their job classification.
Boat assignment pay will be assigned to a qualified Captain and compensated
only when performing boat duties.
Training Pay: Lifeguard Captain assigned as the "Training Captain" will receive
an additional 7.5% of base pay while assigned the responsibilities of training.
C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All use
of compensatory time off shall be subject to existing City rules. The maximum
accrual of CTO shall be eighty (80) hours. Employees shall not utilize CTO at
times when backfill would be required.
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D. Uniforms
The City shall pay the entire cost of providing full-time and part-time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other
clothing.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, including restrictions on reporting uniform
allowance as pensionable compensation for "non classic" members hired after
January 1, 2013, the City shall report the value of provided uniforms at $838 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.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out. Employees will be considered "on duty" at the
beginning of each emergency call out for a minimum of 2 hours or until
completed. Employees will not be compensated for additional call outs
that occur during the initial 2 hour response period, or during normal
working hours.
F Scholastic Achievement Pay
Employees hired into a NBLMA represented classification prior to January 22,
2013 are entitled to additional compensation contingent upon scholastic
achievement ("Scholastic Achievement Pay"). Full-time and part-time NBLMA
members may apply for increases pursuant to this Section when eligible and
scholastic achievement pay shall be included in the member's pay check for the
pay period following approval by the Fire Chief. It is the responsibility of the
NBLMA member to apply for Scholastic 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 achievement pay prior to the
date the application is approved even though the member may have been
eligible prior to approval. Scholastic achievement pay is contingent upon years
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of service as a NBLMA member and number of units and/or degrees received by
the employee. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. NBLMA members shall
receive scholastic achievement pay in accordance with the following:
Years of Total College % of Actual Step
Service Semester Units in Job Class Range
2 or more 30 1.5%
2 or more A.A./A. S. 3.5%
3 or more 60 2.5%
3 90 3.5%
4 or more 90 3.5%
4 120 4.5%
4 B.A./B.S. 5.5%
4 M.A./M.S. 6.5%
Unit members hired after January 22, 2013 shall be ineligible for any scholastic
pay based upon having obtained units only.
A "degree" shall be awarded by an institution accredited by the State of
California, the United States Department of Education, the Council for Higher
Education, or the Distance Education Training Council.
G. Night Standby
A full-time or part-time employee assigned to standby duty for purposes of being
on call to handle emergency situations arising at times other than during normal
working hours shall be guaranteed two (2 1/2) and a half hours of pay at the
employee's regular hourly rate of pay for each calendar day of such standby
duty. Employees shall have the option of receiving compensatory time off in lieu
of pay for night standby.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications and
equivalent positions shall receive a five percent (5%) pay differential over their
regular rate of pay for all time worked in the higher job classification if they are
assigned to work in the higher job classification for a period of one (1) working
hour or longer.
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Lifeguard Captain
Lifeguard Battalion Chief
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
I. Court Standby Pay
All NBLMA 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. NBLMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
SECTION 3. LEAVES
A. Flex Leave
All employees hired after July 1, 1990 will be included in the Flexible Leave
Program.
1. Basis for Accrual
Full -Time Members:
Regular full-time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of continuous Accrual per Longevity
Service pay period/hrs Pay Increase
1 but Tess than 5 5.54 0
5 but less than 9 6.15 0
9 but less than 12 6.77 0
12 but less than 16 7.69 0
16 but Tess than 20 7.69 1.0%
20 but less than 25 7.69 1.5%
25 and over 7.69 2.5%
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Part -Time Members:
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of .04 hours for each hour worked.
During the first three months of employment, new employees shall not
accrue paid leave. At the completion of three months of employment,
three (3) months of accrued flex leave will be placed in the employees
account.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight (78) times the member's bi-weekly accrual rate. Effective
January 22, 2013 members shall be entitled to accrue flex leave up to a
maximum of fifty-two (52) times the member's bi-weekly accrual rate. This
limit on accumulation shall apply to both full-time and part-time members.
Earned flex leave in excess of the maximum permitted is currently paid bi-
weekly at the member's hourly rate of pay ("spillover pay"). Members shall
be eligible for flex leave spillover pay only if they have utilized at least
eighty (80) 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.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the seniority and 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.
B. Use of Flex
Level A staffing shall run from June 15th through Labor Day. During this period
of time, full-time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave. Additional flex leave during this period may be
approved if, in the opinion of management, adequate staffing levels can be
maintained.
The City will budget eighty (80) hours of overtime per employee per year for flex
leave backfill. Concurrently, the City and NBLMA will jointly review procedures
defining minimum staffing and the hours for night call out. Any changes to these
areas fall within the scope of representation and will be subject to the meet and
confer process.
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C. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual leave accrual for an illness of a dependent which requires the
presence of the employee. Such time may be taken from the employee's annual
leave accrual or leave bank, at the employee's choice. Leave shall be
administered in accordance with the provisions of the Employee Policy Manual
(EPM). The provisions of the EPM shall not be construed to affect or reduce the
right of any employee to any unpaid family medical leave authorized by State or
Federal law.
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean
biological, adopted, or foster child; a stepchild; a legal ward; or a child of an
employee standing in local parentis), or as modified by State or Federal law.
D. Holiday Time
Subject to the provisions herein, the following days shall be observed as paid
holidays by all employees in permanent positions and other personnel whose
work assignments, in the judgment of the Department Director or designee,
require their presence on the job. For each designated holiday, except the
Floating Holidays, personnel shall receive an equivalent number of hours of paid
leave or equivalent pay, as specified below and pro -rated for part-time members,
whichever in the judgment of the Department Director best serves the interest of
the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
1.
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Eligibility and use according to
Memorandum of Understanding.
Part-time members will be eligible to receive a pro -rated benefit of VI
(three fourths) the benefit provided to full-time members for holiday pay.
NBLMA MOU 2014-2017
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2. Holiday pay will be paid only to employees who work their scheduled day
before the holiday and scheduled day after a holiday or are on authorized
leave (e.g., approved vacation or flex leave that has been reviewed and
approved by the Department Director).
3. Newly hired employees will be eligible to receive pay for scheduled
holidays, without a waiting period.
4. "Floating Holiday" eligibility allows for newly hired employees to earn their
first floating holiday credit, eight (8) hours for full-time members and six (6)
hours for part-time members, at the same time as they receive their
regular appointment status, upon the successful completion of their
probationary period.
5. In July, 2003 all employees were provided a one-time opportunity to elect
to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For
example, an employee electing to convert 48 of the 96 hours of the annual
benefit to cash must so convert 48 hours of earned holiday benefits each
year thereafter. Holiday pay will be paid bi-weekly with the regular
check. Holiday leave conversion pay will not count in the total
compensation formula used to adjust salaries and benefits.
Employees hired after July 2003 will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
E. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by an
employee having regular or probationary appointment because of the death or
terminal illness in his/her immediate family. NBLMA full-time members shall be
entitled to five (5) days bereavement leave per incident (terminal illness followed
by death is considered one incident) and three (3) days bereavement leave for
part-time members. Leave hours need not be used consecutively, but should
occur in proximate time to the occurrence. Immediate family shall mean an
employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child and grandparent.
An employee requesting bereavement leave shall notify his/her supervisor as
soon as possible of the need to take leave.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
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employment prior to the completion of such probationary period shall have
his/her final pay check reduced by the value of the leave taken.
F. Non -Accruing Leave Bank
Effective July 1, 2015, each NBLMA member on the City payroll will receive a
bank of forty (40) hours of non -accruing leave (NAL) time. Effective July 1, 2016
a second deposit of 40 hours will be made for each NBLMA member on the City
payroll at that time. The hours have no cash value, cannot be transferred to any
other leave bank, cannot be rolled over from year to year, and there is no pro-
ration for partial year employment. Usage of these hours is subject to supervisory
approval. This benefit shall "sunset" on December 30, 2017 and any unused
hours at that time shall expire.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee composed of one
representative from each employee 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 care issues. The purpose of this Committee is to provide
each employee group with information about health care issues 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. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and the Newport
Beach Lifeguard Management Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
NBLMA MOU 2014-2017
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a. Full -Time Members:
Effective the pay period including July 1, 2015, the City contribution
towards the Cafeteria Plan will be $1,424 (plus the minimum CaJPERS
participating employer's contribution).
Effective the first pay issue in January 2016, the City's contribution
towards the Cafeteria Plan will increase to $1,524 (plus the minimum
CaIPERS participating employer's contribution).
Full time NBLMA members who do not want to enroll in any medical
plan offered by the City must provide evidence of group medical
insurance coverage and execute an opt -out agreement releasing the
City from any responsibility or liability to provide medical insurance
coverage on an annual basis. The maximum cafeteria allowance
provided to current full-time employees who execute an opt -out
agreement is $1,249 per month effective January 2013. Employees
hired after January 22, 2013 and who execute an opt -out agreement,
will receive a maximum cafeteria allowance of $600 per month.
Effective the pay issue that includes January 1, 2016, the opt -out
amount for full-time employees will be adjusted to $1, 000 per month.
b. Part -Time Members:
Effective upon adoption of this 2015-17 MOU, part-time NBLMA
members will receive a monthly cafeteria benefit of $585.00 (equivalent
to $4.50 per hour worked for an average of 30 hours per week). For
part-time employees enrolled in medical plans, the cafeteria amount is
inclusive of the PERS designated minimum medical insurance
contribution. For employees who do not enroll in a medical plan there
shall be no opt out cafeteria benefit.
c. At the request of either party, the parties shall meet and confer in good
faith to discuss possible changes to the medical benefit program,
contribution levels, or other elements of healthcare services, provided,
however, that any changes to the MOU only may occur by mutual
agreement of the parties.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings for full-time employees 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 for full-time employees 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 a full-time 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 regular full-time employees with the following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
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3. Life Insurance
The City shall provide life insurance for regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) for full-time and part-
time employees 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 Benefit 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 enrolled as Safety members on or before November
23, 2012, the retirement formula shall be 3%@50 calculated on the basis of
the best/single highest year.
Tier 2: For employees enrolled as Safety members between November 24
and December 31, 2012, or hired on or after January 1, 2013 and are current
members of the retirement system, as defined in the Public Employees'
Pension Reform Act, the retirement formula shall be 2%@50 calculated on
the average 36 highest month's salary.
Tier 3: For employees enrolled as Safety members on or after January 1,
2013, and who do not meet Tier 2 criteria, the retirement formula shall be
2.7%(.57 calculated on the average 36 highest month's salary.
The City's contract with PERS also provides for:
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548).
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2. Employee Contributions
Tier 1 and 2 Employees: All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation earnable" under
Government Code section 20636.
Effective the pay period that includes July 1, 2015, all unit members in
Tiers 1 and 2 will contribute the full statutory member contribution, equal
to 9% of pensionable compensation, plus an additional 1.6% of
pensionable compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 10.6%.
Effective the pay period that includes July 1, 2016 all unit members will, in
addition to the 9% normal member contribution, contribute 3.1 % of
pensionable compensation toward retirement costs as permitted under
Government Code §20516(f, for a total contribution of 12.1%.
Effective the pay period that includes July 1, 2017 unit members will, in
addition to the 9% normal member contribution, contribute 4.6% of
pensionable compensation toward retirement costs as permitted under
Government Code §20516(0, for a total contribution of 13.6%.
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 (PEPRA) and equals 50% of the "total normal cost"
as determined by PERS. For FY15-16, the employee Safety rate is
11.25% and is subject to change based on annual PERS actuarial
valuations.
Effective the pay period that includes July 1, 2015 Tier 3 members will
contribute the required 11.25% member contribution.
Effective the pay period that includes July 1, 2016, in addition to the
statutorily required 50% contribution of total normal costs, Tier 111
employees shall contribute .85% of pensionable compensation toward
retirement costs pursuant to Government Code § 20516(t), for a total
contribution of 12.1%. If the FY16-17 member contribution rate for
employees in Tier 111 shall become greater or less than 11.25%, the
additional contribution made by the employee under 20516(0 will be
increased or decreased accordingly so that the total employee contribution
equals 12.1%.
Effective the pay period that includes July 1, 2016, in addition to the
statutorily required 50% contribution of total normal costs, Tier 111
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employees shall contribute 2.35% of pensionable compensation toward
retirement costs pursuant to Government Code § 20516(f), for a total
contribution of 13.6%. If the FY17-18 member contribution rate for
employees in Tier 111 shall become greater or less than 11.25%, the
additional contribution made by the employee under 20516(f) will be
increased or decreased accordingly so that the total employee contribution
equals 13.6%.
In the event CaIPERS pension provisions for new or existing employees
are modified by State or Federal legislation, resulting in changes to
previously negotiated terms, the parties agree to meet and confer to
discuss appropriate changes to the contract.
E. Retiree Health Benefits Program
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 Tess
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.
d. Category 4 - Employees who had already retired from the City prior
to January 1, 2006, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP") and
applies only to regular full-time NBLMA employees.
a. For employees in Category 1, the program is structured as follows:
NBLMA MOU 2014-2017
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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): $1.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31st of the prior year). Effective January 2008,
this contribution will increase to $2.50 per month.
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 contribution, at
the level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non -safety
members within an Association may have different levels. Additionally,
the purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding "constructive
NBLMA MOU 2014-2017
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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.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrolment 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
NBLMA MOU 2014-2017
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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 CaIPERS participating employer's
contribution 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 work force.
NBLMA MOU 2014-2017
18
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d For employees (retirees) in Category 4, the structure is very similar to
the previous retiree medical program, except that there is no cost
share requirement, and the $400 City contribution after retirement
can be used for any IRS authorized purpose, not just City insurance
premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1 % of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
NBLMA MOU 2014-2017 19
F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges 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.
NBLMA members attending pre -approved, directly job -related classes, courses
and seminars given by recognized agencies, organizations or individuals other
than accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent
upon the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee
before submittal to Human Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500.00 per
fiscal year and the maximum reimbursement for part-time employees shall be
$1,125 per fiscal year.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members
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
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
NBLMA MOU 2014-2017
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i. Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
less supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications, which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a Tess senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position
shall be based on seniority within the Series. An employee who
has Bumping Rights shall notify the Department Director within
NBLMA MOU 2014-2017
21
seven (7) working days after notice of layoff of his/her intention to
exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
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), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re —Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re—employment list in reverse order of layoff. The re—
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re—employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her 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 Manager.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay—off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach, to a maximum of ten (10) weeks of severance
pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the
Employee Policy Manual.
NBLMA MOU 2014-2017
22
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to
each full-time unit member and $300 to each part-time unit member for
sunglasses and other sun protection materials (not restricted to use at
Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBLMA, the City will provide up
to $3,000.00 per year towards the purchase of fitness equipment to be used on
duty for the intended benefit of NBLMA for the term of this agreement. The
actual equipment to be purchased shall be recommended by NBLMA, and shall
require the final approval of the Fire Chief. Unit employees shall be allowed up
to three (3) hours per week for physical fitness training.
F. Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2001
Employee Policy Manual. Should additional revisions to the Manual be proposed,
the City will meet and confer on applicable policy manual provisions.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
H. Part -Time Conversion
Part-time Lifeguard IV employees converted to full-time status in January 2000
shall utilize their original Lifeguard IV hire date as their anniversary date. Any
changes resulting from this change shall be prospective only.
Signatures are on the next page.
NBLMA MOU 2014-2017
23
1 -V-1-
Executed this day of
;JJjv 2 , 2015:
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
CITY F NEEWP T BEACH
r "D. Selich, a or N
BY:
Edwa dL.M ).y
Leilani Brown, City Clerk
APPROVED AS TO FORM:
Aaron Harp, City Attorney
NBLMA MOU 2014-2017
24
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of January 1, 2012 through June 30,
2014.
2. NBLMA representatives have reached an agreement as to wages, hours and
other terms and conditions of employment to apply to all affected EMPLOYEES
for the time period defined above. Said EMPLOYEES desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the City Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective
January 1, 2012, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning January 1,
2012 through June 30, 2014.
B. 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 Standard Operating Procedures (SOPs) 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.
1
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no Tess
than seven (7) days prior to implementation of the proposed change. If
such proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, 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 and each party expressly waives its
rights to request the other to meet and confer concerning any issue relating
primarily to matters within the scope of representation except as expressly
provided for 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, which is not embodied in this MOU.
Any changes to any salaries, benefits or terms and conditions of employment
within the scope of representation not embodied in this MOU shall require prior
mutual agreement signed by the Mayor and the Newport Beach Lifeguard
Management Association President.
D. Savings
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; provided, however, that should the provisions
of this MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternate benefits agreeable to NBLMA, to EMPLOYEES
to receive the same amount of money as they would have received had such
provision not been declared invalid.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
2
F Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Effective the pay period including January 1, 2013 salaries will be increased by
an amount equal to the increase in the Consumer Price Index (CPI) Los
Angeles/Orange County Urban Wage Earners Index for the 12 month period
ending on October 31, 2012 with a minimum 1.5% increase and a maximum
2.5% increase.
Effective the pay period including January 1, 2014 salaries will be increased by
an amount equal to the increase in the Consumer Price Index (CPI) Los
Angeles/Orange County Urban Wage Earners Index for the 12 month period
ending on October 31, 2013 with a minimum 1.5% increase and a maximum
2.0% increase.
B. Special Assignment Pay
Boat Pay: Lifeguard Captains certified for and assigned to boat operations shall
receive additional compensation of 2.5% of base salary for their job classification.
Effective upon MOU adoption, the Lifeguard Captain — Boat classification shall
be "sunsetted" and the incumbent shall retain the classification and assignment
pay until reassignment, promotion, or separation from employment.
Subsequently, boat assignment pay will be assigned to a qualified Captain and
compensated only when performing boat duties.
Training Pay: Lifeguard Captain assigned as the "Training Captain" will receive
an additional 7.5% of base pay while assigned the responsibilities of training.
C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work period. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
3
maximum (CTO) accrual of eighty (80) hours at time and one half on the books
or 120 actual hours.
D. Uniform Allowance
The City shall pay the entire cost of providing LMA members with each
component of the required LMA uniforms. The required LMA uniform includes
uniform pants, uniform shirts, safety shoes, badges and insignias, uniform
jackets and liners, belts, dive equipment, foul weather gear, personal floatation
device and helmet. The City shall not be responsible for providing employees
with socks, underwear, cap, workout shoes, or other clothing.
The City shall report the value of provided uniforms at $838 to PERS in
accordance with PERS requirements.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out.
F Scholastic Achievement Pay
Unit members whose starting date was prior to the City Council adoption of this
2012-2014 MOU are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). LMA members may
apply for increases pursuant to this Section when eligible and scholastic
achievement pay shall be included in the member's pay check for the pay period
immediately after approval by the Fire Chief. It is the responsibility of the LMA
member to apply for Scholastic 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 achievement pay prior to the date the
application is approved even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon years of full-time
service as a NBLMA member and number of units and/or degrees received by
the employee. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. LMA members shall receive
scholastic achievement pay in accordance with the following:
4
Years of Total College % of Actual Step
Service Semester Units in Job Class Range
2 or more 30 1.5%
2 or more A.A./A. S. * 3.5%
3 or more 60 2.5%
3 90 3.5%
4 or more 90 3.5%
4 120 4.5%
4 B.A./B.S. 5.5%
4 M.A./M.S. 6.5%
* Effective concurrent with Council adoption of the 2012-2014 MOU.
Unit members hired on and after City Council adoption of this 2012-2014 MOU
shall be ineligible for any scholastic pay based upon having obtained units only.
A "degree" shall be awarded by an institution accredited by the State of
California, the United States Department of Education, the Council for Higher
Education, or the Distance Education Training Council.
G. Night Standby
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours
shall be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate
of pay for each calendar day of such standby duty. Employees shall have the
option of receiving compensatory time off in lieu of pay for night standby.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications and
equivalent positions shall receive a five percent (5%) pay differential over their
regular rate of pay for all time worked in the higher job classification if they are
assigned to work in the higher job classification for a period of one (1) working
hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
5
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
I. Court Standby Pay
NBLMA 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. NBLMA 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.
J. Lifeguard Officer Adjustment
Upon adoption of this 2012-14 MOU, the City will conduct a total compensation
survey of the Lifeguard Officer classification. If survey results indicate Lifeguard
Officer total compensation is below market median of the survey agencies, the
City will provide a minimum 1.0%, to a maximum 2.0%, base salary adjustment
to the Lifeguard Officer salary range, in an effort to reach market parity. In no
event will the adjustment be greater than 2.0%.
SECTION 3. LEAVES
A. Flex Leave
All employees hired after July 1, 1990 will be included in the Flexible Leave
Program. Within 60 days of the signing of this Memorandum of Understanding all
unit members still in the vacation/sick leave program may, collectively, elect to
convert to the flex leave program. Conversion terms shall be the same as those
utilized during the initial establishment of the flex leave program.
1. Basis for Accrual
Permanent full-time employees enrolled in the flex leave program will earn
leave in accordance with the following schedule:
6
Years of continuous Accrual per Longevity
Service pay period/hrs Pay Increase
1 but less than 5 5.54 0
5 but less than 9 6.15 0
9 but less than 12 6.77 0
12 but less than 16 7.69 0
16 but less than 20 7.69 1.0%
20 but Tess than 25 7.69 1.5%
25 and over 7.69 2.5%
During the first six months of employment, new regular full-time
employees shall not accrue paid leave. At the completion of six months of
employment six (6) months of accrued flex leave will be placed in the
employees account.
Note: If an employee becomes sick in the first six months of employment,
the City will advance up to six (6) months of potentially accrued flex leave
time to be used for illnesses only. If employee terminates employment
prior to six months, the City will subtract the pay equivalent of the number
of flex leave days advanced from the employee's final check. Any flex
leave time advanced during the first six months of employment will be
subtracted from the six (6) months of accrual placed in the employees
account upon completion of six months employment.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight (78) times the member's bi-weekly accrual rate. Effective
the pay period following adoption of the 2012-14 MOU, members shall be
entitled to accrue flex leave up to a maximum of fifty-two (52) times the
member's bi-weekly accrual rate. Earned flex leave in excess of the
maximum permitted is currently paid bi-weekly at the member's hourly rate
of pay ("spillover pay').. Members shall be eligible for flex leave spillover
pay only if they have utilized at least eighty (80) 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.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no
case, except for illness, may it be taken prior to the completion of an
employee's initial probationary period.
wishes of the employee. Vacation leave may be granted on an hourly
basis.
C. Use of Flex and Vacation Leave
Level A staffing shall run from June 15th through Labor Day. During this period
of time, full-time personnel may be limited to a total of forty (40) hours usage of
vacation/flex leave. Additional vacation/flex leave during this period may be
approved if, in the opinion of management, adequate staffing levels can be
maintained.
The Department shall develop a policy defining when approved vacation/flex
leave times shall not be subject to cancellation.
The City will budget eighty (80) hours of overtime per employee per year for
vacations/flex leave backfill. Concurrently, the City and NBLMA will jointly review
procedures defining minimum staffing and the hours for night call out. Any
changes to these areas fall within the scope of representation and will be subject
to the meet and confer process.
D. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number
of hours in a normal workweek for the position to which they are assigned
in accordance with the following schedules:
Normal Work Week
40 hours
0- - 1 year
1-2 years
2-3 years
3-4 years
4+ years
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required
to maintain the same number of hours as required of other permanent
employees.
Employees accruing sick leave hours under the above formula and
enrolled in the City's Disability Program will be eligible for City -paid
Disability Insurance premiums as follows: 50% at 88 hours, 100% at 208
hours.
9
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued.
Except as noted, an employee serving his/her initial probation
period is eligible to use his/her accumulated sick leave provided
that if for any reason his/her City employment is terminated prior to
the completion of such probationary period, his/her final pay check
shall be reduced by the value of the sick leave he/she has taken.
After completion of the initial six (6) months probation period, entry-
level employees shall not have used sick leave deducted from their
final pay check if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis.
b. Approval
Sick leave may be granted only at the direction of or with the
approval of the Department Director and only for the purposes
defined in Section 11.2.A of the Employee Policy Manual.
3. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of
sick leave equal to or greater than the full value of 40 months of accrued
sick leave, and who have used six or less days of sick leave during the
calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted
to paid vacation shall require the approval of the Department Director.
E. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual sick leave accrual for an illness of a dependent which requires the
presence of the employee. Such time may be taken from the employee's annual
sick leave accrual or sick leave bank, at the employee's choice. Leave shall be
administered in accordance with the provisions of Section 11.2 of the Employee
Policy Manual. The provisions of this section shall not be construed to affect or
reduce the right of any employee to any unpaid family medical leave authorized
by State or Federal law.
10
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean
biological, adopted, or foster child; a stepchild; a legal ward; or a child of an
employee standing in local parentis).
F Holiday Time
Subject to the provisions herein, the following days shall be observed as paid
holidays by all employees in permanent positions and other personnel whose
work assignments, in the judgment of the Department Director, require their
presence on the job. For each designated holiday, except the Floating Holidays,
such personnel shall receive an equivalent number of hours of paid leave or
equivalent pay whichever in the judgment of the Department Director best serves
the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Eligibility and use according to
Memorandum of Understanding.
1 Holiday pay will be paid only to employees who work their scheduled day
before the holiday and scheduled day after a holiday or are on authorized
leave (e.g., approved vacation, sick leave, or flex leave that has been
reviewed and approved by the Department Director).
2. Newly hired employees will be eligible to receive full pay for scheduled
holidays, without a waiting period.
3. "Floating Holiday" eligibility allows for newly hired employees to earn their
first floating holiday credit, eight (8) hours, at the same time as they
receive their regular appointment status, upon the successful completion
of their probationary period.
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4. In July, 2003 all employees were provided a one-time opportunity to elect
to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For
example, an employee electing to convert 48 of the 96 hours of the annual
benefit to cash must so convert 48 hours of earned holiday benefits each
year thereafter. Holiday pay will be paid bi-weekly with the regular check.
Holiday leave conversion pay will not count in the total compensation
formula used to adjust salaries and benefits.
Employees hired after July 2003 will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
G. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected
employees are as follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her
immediate family. For the purposes of this section, immediate family shall mean
father, mother, brother, sister, spouse/domestic partner, child, or grandparents
and the employee's spouse's /domestic partner's father, mother, brother, sister,
and child.
Maximum Allowed. Such leave shall be limited to five (5) working days per
calendar year per occurrence.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have
his/her final pay check reduced by the value of the leave taken.
H. Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid for a percentage of the employee's accrued but unused Sick Leave
computed as follows:
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YEARS OF SERVICE: PERCENT OF UNUSED SICK
LEAVE PAID FOR:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave for Staff Employees and the first 1200 hours for Line
Employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick
Leave — 1200 hours multiplied by .375).
Leave Pay -Off
Payment for accrued leave will be at 100% of the base hourly rate.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
City has established a Medical/Dental Information Committee composed
of one representative from each employee group and up to three City
representatives. The Medical/Dental 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 care issues. The purpose of this Committee is to provide
each employee group with information about health care issues 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. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and the Newport
Beach Lifeguard Management Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
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Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective the first pay issue in January 2013, the City's contribution
towards the Cafeteria Plan will be $1,249 (plus the minimum CaIPERS
participating employer's contribution).
Effective the first pay issue in January 2014, the City's contribution
towards the Cafeteria Plan will increase to $1,349 (plus the minimum
Ca1PERS participating employer's contribution).
LMA members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any responsibility or
liability to provide medical insurance coverage on an annual basis. The
maximum cafeteria allowance provided to current employees who execute
an opt -out agreement is $1,249 per month effective January 2013.
Employees hired after adoption of this 2012-2014 MOU, and who execute
an opt -out agreement, will receive a maximum cafeteria allowance of $600
per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
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
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the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may access
the EAP subject to provider guidelines.
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D. The Retirement Benefit
1. Retirement Benefit 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 3%@50 calculated on the basis of the best/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
members of the retirement system, as defined in the Public Employees
Pension Reform Act, the retirement formula shall be 2%@50 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 Tier 2 criteria, the retirement formula shall be 2.7%@57
calculated on the average 36 highest month's salary.
The City's contract with PERS also provides for:
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548).
2. Employee Contributions
Tier 1 and 2 Employees: Unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of CaIPERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation earnable" under
Government Code section 20636.
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 (PEPRA) and equals 50% of the "total normal cost"
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as determined by PERS. For FY12-13, the employee rate is 11.25% and
is subject to change based on annual PERS actuarial valuations.
In the event pension reform is modified by State or Federal legislation,
resulting in changes to previously negotiated terms, the parties agree to
meet and confer to discuss subsequent changes to the contract.
E. Retiree Health Benefits Program
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.
d. Category 4 - Employees who had already retired from the City prior
to January 1, 2006, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part Trust (IPT) 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
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
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The Department Director shall approve all requests for flex leave taking
into consideration the needs of the Department, and whenever possible
the seniority and 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.
B. Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave
based on years of continuous service and the number of hours in a normal
workweek for the position to which they are assigned in accordance with
the following schedule:
Years of Accrual
Continuous Per
Service Pay Period
0 but less than 5 3.38
5 but less than 9 3.99
9 but less than 12 4.61
12 but less than 16 5.22
16 but less than 20 5.84
20 but less than 25 6.46
25 and over 7.07
2. Limit on Accumulation
Accrual of vacation days in excess of those earned for two years of
continuous service is not permitted past December 31 st of each year with
the following exception: with approval of the Department Director, an
employee may accrue vacation days in excess of the two-year limit
provided all such excess accumulation is taken by March 31st of the
following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no
case, except for entry-level employees, may it be taken prior to the
completion of an employee's initial probationary period. Entry level
employees may use vacation after the completion of the initial six (6)
months of probation. The Department Director shall schedule and
approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and
8
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): $1.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31st of the prior year). Effective January 2008,
this contribution will increase to $2.50 per month.
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 contribution, at
the level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non -safety
members within an Association may have different levels. Additionally,
the purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
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Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City employment.
At that time, the City will credit the first five years worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero. This right is triggered upon separation. If an employee
leaves the City prior to five years employment, only the Part A
contributions and Part C leave settlement contributions, if any, will be
in the RHS 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,
19
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 CaIPERS participating employer's
contribution 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 work force.
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to
the previous retiree medical program, except that there is no cost
share requirement, and the $400 City contribution after retirement
can be used for any IRS authorized purpose, not just City insurance
premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1 % of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
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F Tuition Reimbursement
NBLMA members attending accredited community colleges, colleges 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.
LMA members attending pre -approved, directly job -related classes, courses and
seminars given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent
upon the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee
before submittal to Human Resources.
Maximum tuition reimbursement for employees shall be $1,500.00 per fiscal
year.
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
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
22
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
Tess supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications, which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Lifeguard shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
23
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
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), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re -Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. The re-
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re-employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her 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 Manager.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay-off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach, to a maximum of ten (10) weeks of severance
pay
24
B. Discipline
Any discipline shall be in accordance with the Department SOP and the
Employee Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to
each unit employee for sunglasses and other sun protection materials (not
restricted to use at Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBLMA, the City will provide up
to $3,000.00 per year towards the purchase of fitness equipment to be used on
duty for the intended benefit of NBLMA for the term of this agreement. The
actual equipment to be purchased shall be recommended by NBLMA, and shall
require the final approval of the Fire Chief. Unit employees shall be allowed up
to three (3) hours per week for physical fitness training.
F. Employee Policy Manual
The City and LMA have agreed on implementation of the City's revised
Employee Policy Manual.
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
H. Part -Time Conversion
Part-time Lifeguard IV employees converted to full-time status in January 2000
shall utilize their original Lifeguard IV hire date as their anniversary date. Any
changes resulting from this change shall be prospective only.
Signatures are on the next page.
25
ATTEST: n /
BY:
Executed this �o, l'i-d day of y7.1.4-4. 2013:
NEWPORT BEACH L FEGUARD MANAGEMENT ASSOCIATION
BY:
BY:
Brian O'Rourke, Vice Pre dent,
CITY OF NEWPORT BEACH
BY:
Keith Curry, Mayor
Leilani Brown, City Clerk
APPROVED AS TO FORM:
Aaron Harp, City Attorney VIO
Ir1
26
EXHIBIT A
Newport Beach Lifeguard Management Association Represented Classifications
Lifeguard Officer
Lifeguard Captain
Lifeguard Captain - Boat
Lifeguard Battalion Chief
27
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING (hereinafter
referred to as "Supplemental MOU") is entered into modifying the Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Lifeguard
Management Association for the period of January 1, 2009 through December 31, 2011
(hereinafter "MOU"). Upon signing of this Supplemental MOU, the MOU is modified to
incorporate the changes memorialized herein. No other changes are effectuated by the
parties. Except as expressly stated in this Supplemental MOU all terms and conditions
of the MOU remain in full force and effect. The changes referenced in this
Supplemental MOU shall take effect on July 1, 2011 and shall remain in effect for the
balance of the term of the MOU.
SECTION 4. -FRINGE BENEFITS
A. Insurance — Amended to read:
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and the Newport
Beach Lifeguard Management Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective the pay period beginning December 20, 2008, the City's
contribution towards the Cafeteria Plan increases to $974 (plus the
minimum CalPERS participating employer's contribution).
Effective the pay period beginning December 19, 2009, the City's
contribution towards the Cafeteria Plan will increase to $1049 (plus the
minimum CatPERS participating employer's contribution).
Effective July 2, 2011, the City's contribution towards the Cafeteria
Plan will increase to $1149 per month (plus the minimum CalPERS
Supplemental Memorandum Page 1 of 4 July 1, 2011 through
of Understanding December 31, 2011
participating employer's contribution).
LMA members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any responsibility or
liability to provide medical insurance coverage on an annual basis.
D. The Retirement Benefit- Amended to read:
Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement
and hired before May 25, 2010, the entire required normal "safety
member" retirement contribution, but not to exceed 9% of the
compensation earnable which PERS uses to calculate retirement
contributions and benefits. For employees hired after May 25, 2010 the
City will pay 3.5% of the member contribution. Such employees will be
eligible to receive the 9% the beginning of their 6th year of uninterrupted
service. In addition, the amount of this payment shall be reported to PERS
as special compensation, which is part of the employee's compensation
earnable, pursuant to the provisions of Section 20636 (c)(4) of the
California Government Code, as amended effective July 1, 1994. This
payment shall be credited to the employee's accounts maintained by
PERS in accordance with Section 20691 of the California Government
Code. NBLMA acknowledges that the City is making this payment
pursuant to a specific request of NBLMA to do so, that the City has made
significant financial commitments to NBLMA in this MOU in consideration
of the members' agreement to relinquish their previously held "irrevocable
right" to pay their own PERS contribution and receive a corresponding
salary increase, and that the significant financial concessions to NBLMA
(which included Leave Premium Pay Accounts, changes in the calculation
of "hours worked" for purposes of overtime and internal salary
adjustments) were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBLMA members exercise
their irrevocable right to make their own PERS contribution and receive a
corresponding salary increase.
Effective July 2, 2011, the City will no longer pay or report any
portion of the normal "safety member" contribution" and the value of
the "employer paid member contribution" (EPMC) will be eliminated.
All unit members will pay the full 9% "safety member" contribution of
CaIPERS reportable earnings. This payment will be made on a pre-
tax basis through payroll deduction pursuant to IRS Code Section
414(h)(2). This contribution will not be considered as part of
employee's "compensation earnable" under Government Code
Supplemental Memorandum Page 2 of 4 July 1, 2011 through
of Understanding December 31, 2011
section 20636.
3. The City's contract with PERS alse-prevides-fer provides the following:
a. A 3% @ 50 retirement formula pursuant to the provisions of Section
21362.2 of the California Government Code.
b. The military buy-back provisions pursuant to Section 21024 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivor Benefit.
The Pre -Retirement Option Settlement 2 Death Benefit (Section
21548).
e. Effective as soon as practicable after adoption of this
Supplemental Memorandum of Understanding, but no sooner
than July 1, 2011, the City will contract with CaIPERS to
implement the '2%@50 retirement formula for all newly hired
employees. The 2%@50 retirement formula "final
compensation" shall be defined as set out in Government
Code section 20037 and calculated based upon the average of
the 36 highest paid consecutive months.
3. Effective February 27, 2010, all employees will contribute 3.5% of bacc
pay tewarelcc retire ent costs This ono will be made e e tax
basis through payrnu de,tu tion n nt to IRS Corte Soon., n�nitiv��
This contribution will not affect the reporting of the 9% EPMC for
employees hired bcforc May 25, 2010 (Section 20636)(c)('l) of the
The parties witness their agreement to the above by affixing their signatures below.
Executed this day of June, 2011:
Supplemental Memorandum
Signatures on the following page.
Page 3 of 4 July 1, 2011 through
of Understanding December 31, 2011
Newport Beach Lifeguard Management
Association
By
Brent Jaco•-en, President
City of New ort Beach
By )--
Michael F. Henn, Mayor
APPROVED AS TO FORM:
By
David R. Hunt, CitAttorney
ATTEST:
By 1i
Leilani Brown, City Clerk
Supplemental Memorandum Page 4 of 4 July 1, 2011 through
of Understanding December 31, 2011
Side Letter to the Memoranda of Understanding between the City of Newport Beach and
Several Newport Beach Employee Associations as well as Unrepresented Employees
Since 2009 the City and its employee associations agreed upon the closure of the City Hall
complex during the Christmas and New Year's Holiday period. The Newport Beach employee
associations and the unrepresented group listed below acknowledge the need for the City to
reduce expenditures and the City's leave accrual liability.
The undersigned Associations and City jointly agree to close the City Hall complex and other non-
essential facilities and functions between the Christmas and New Year's Holiday period
(December 24, 2011 through January 2, 2012). Facility closures shall be cost neutral to the City
and will not result in additional paid days/hours off. The City and the undersigned also agree that
staff located at the City Hall complex and other non -essential employees will not have the option
to work during this period, unless specifically requested by Department Directors and exclusively
authorized by the City Manager or designee. Emergency Conditions requiring the activation of the
Emergency Operations Center shall render this agreement invalid, The following guidelines will
be applied to the closure:
1. Both Christmas Eve and New Year's Eve fall on a Saturday in 2011. Per applicable
Memoranda of Understanding, the City provides half -day holidays (4 hours each) for
Christmas Eve and New Year's Eve, which would otherwise be observed on December
23 and December 30 respectively. Under this agreement only, the two half -day
holidays will be combined into one paid 8-hour holiday and observed on Friday,
December 30. In conjunction, the City Hall complex will be open a full day on Friday,
December 23, 2011.
2. Christmas Day and New Year's Day fall on a Sunday in 2011. As provided for in the
current Memoranda of Understanding, the holiday will be observed the following
Monday. Christmas Day will be observed on December 26, 2011 and New Year's Day
will be observed on January 2, 2012. This results in only 3 full days (12/27, 12/28, and
12/29) that are required for employees to use Flex Leave during holiday closure. This
is a one-time exception of the existing designated holiday schedule outlined in the
current Memoranda of Understanding for each Association.
3. According to the City's Employee Policy Manual, an employee must be in paid status
in order to receive holiday pay. Therefore, employees must either work or use flexible
leave, vacation leave, administrative leave or compensatory time the day before and
the day after the holiday in order to meet this requirement. The only day employees
would be eligible to take leave w/out pay and still receive holiday pay would be
Wednesday, December 28.
4. Employees who have completed their initial probationary period but do not have any
accrued flexible leave, vacation leave, administrative leave or compensatory time will
be required to take leave without pay.
5. Employees on a flexible schedule whose regularly scheduled day off is Friday,
December 30, will take their regularly scheduled day off and bank the 8 hours of
holiday pay to their Comp or Flex Leave Bank.
Side Letter Agreement — Holiday Closure FY2011-12
Page 2
This agreement will help lower the liability on the City's books for leave balances and provide
savings of utilities and other maintenance costs for fiscal year 2011-2012. This agreement shall
not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of
scheduled holidays designated by existing MOU's and authorized for unrepresented employee
groups. Any questions or requests for information shall be addressed to the Human Resources
Department.
C �rl�,
Executed this ( day of
�1 Ct GLSt , 2011.
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
City Employees' Association
By: J•-'� �J
Teresa Craig, Presidn
Firefighter's Association
By: /)7d
Brian McDonough, President
Fire Management Association
By:
Charles Duncan, President
Key & Management Employees
By:
Mike Pisani
Police Management Association
By:
Steve Rasmussen, President
Approved
David' u City Attorney
Newport Beach Employees' League
By: G �
Chris Auger, Preside
Lifeguard Mana ement Association
By: j-.,i 4,-1((--.�
Brent Jacobs n, President
Profess'onal & Technical Employees' Assoc.
By:
i, President
mA7rd€'-53o cs
Police Association
By: 'n
4t
David Syvock, Pr ident
FOR THE CITY OF NEWPORT BEACH:
By:
Ct
Dale-Kiff, City Manager
Attest:
Leilani Brown, City Clerk
EXHIBIT B
City of Newport Beach Holiday Closure Schedule
Friday, December 24, through Friday, December 31, 2010
Department
Planned Closure
Administrative Services
Parking meter services and parking lot operations to
remain open; all other services closed.
Building
Residential and commercial building inspections
provided on a limited basis; all other services
closed.
City Attorney's Office
Closed.
City Clerk's Office
Closed.
City Manager's Office
Closed.
Fire
Fire Administration closed; fire command staff and
all other fire services operational.
General Services/Utilities
General Services operational; select Utilities
services, including Water, Sewer, and Electrical, in
limited operation or staff are on -call. All other
operations closed.
Human Resources
Closed.
Library Services
Offices and libraries closed beginning December
24, 2010, and will re -open on Monday, January 3,
2011.
Planning
Closed.
Police
All Police Department operations open.
Public Works
Public works inspections provided on a limited
basis; all other services closed.
Recreation & Senior
Services
Park Patrol operations to remain open; all offices
and facilities closed.
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION
January 1, 2009 through December 31, 2011
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Duration of Memorandum 1
Scope 1
Conclusiveness 2
Savings 2
Other Terms and Conditions 2
Unit Classification Titles 3
Section 2. Compensation
Salary Adjustments 3
Special Assignment Pay 3
Overtime 3
Uniform Allowance 3
Call Out 3
Scholastic Achievement Pay 4
Night Standby 4
Move -up Pay 5
Court Standby Pay 5
Section 3. Leaves
Flex Leave 5
Vacation 7
Use of Flex and Vacation Leave 8
Sick Leave 8
Family Sick Leave 10
Holiday Time 10
Bereavement Leave 11
Sick Leave Pay Out 12
Leave Pay -Off 12
Section 4. Fringe Benefits
Insurance 12
Additional Health Insurance/ Programs 13
Employee Assistance Program 14
The Retirement Benefit 15
Retiree Health Benefits Program 16
Tuition Reimbursement 21
Section 5. Miscellaneous Provisions
Reduction in Force/Layoffs 21
Discipline 24
Health and Fitness Evaluations 24
Provision for Sun Protection 24
Fitness Equipment and Exercise Time 24
Lifeguard Officers Schedule 24
Employee Policy Manual 24
Direct Deposit 24
Part -Time Conversion 25
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of January 1, 2009 through
December 31, 2011.
2. NBLMA representatives have reached an agreement as to wages, hours and
other terms and conditions of employment to apply to all affected EMPLOYEES
for the time period defined above. Said EMPLOYEES desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the City Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective
January 1, 2009, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning January 1,
2009 through December 31, 2011.
B. 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 Standard Operating Procedures (SOPs) 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.
1
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less
than seven (7) days prior to implementation of the proposed change. If
such proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, 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 and each party expressly waives its
rights to request the other to meet and confer concerning any issue relating
primarily to matters within the scope of representation except as expressly
provided for 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, which is not embodied in this MOU.
Any changes to any salaries, benefits or terms and conditions of employment
within the scope of representation not embodied in this MOU shall require prior
mutual agreement signed by the Mayor and the Newport Beach Lifeguard
Management Association President.
D. Savings
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; provided, however, that should the provisions
of this MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternate benefits agreeable to NBLMA, to EMPLOYEES
to receive the same amount of money as they would have received had such
provision not been declared invalid.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
2
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Salaries shall remain unchanged for the term of this agreement.
B. Special Assignment Pay
Lifeguard Captains certified for and assigned to boat operations shall receive
additional compensation of 2.5% of base salary for their job classification.
C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work period. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
maximum (CTO) accrual of eighty (80) hours at time and one half on the books
or 120 actual hours.
D. Uniform Allowance
The City shall pay the entire cost of providing LMA members with each
component of the required LMA uniforms. The required LMA uniform includes
uniform pants, uniform shirts, safety shoes, badges and insignias, uniform
jackets and liners, belts, dive equipment, foul weather gear, personal floatation
device and helmet. The City shall not be responsible for providing employees
with socks, underwear, cap, workout shoes, or other clothing.
The City shall report the value of provided uniforms at $838 to PERS in
accordance with PERS requirements.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
3
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out.
F. Scholastic Achievement Pay
NBLMA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). LMA members may
apply for increases pursuant to this Section when eligible and scholastic
achievement pay shall be included in the member's pay check for the pay period
immediately after approval by the Fire Chief. It is the responsibility of the LMA
member to apply for Scholastic 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 achievement pay prior to the date the
application is approved even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon years of full-time
service as a NBLMA member and number of units and/or degrees received by
the employee. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. LMA members shall receive
scholastic achievement pay in accordance with the following:
Years of Total College % of Actual Step
Service Semester Units in Job Class Range
2 or more 30 1.5%
3 or more 60 2.5%
3 90 3.5%
4 or more 90 3.5%
4 120 4.5%
4 B.A./B.S. 5.5%
4 M.A./M.S. 6.5%
G. Night Standby
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours
shall be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate
of pay for each calendar day of such standby duty. Employees shall have the
option of receiving compensatory time off in lieu of pay for night standby.
All unit employees shall be required to maintain residency within thirty (30)
minutes driving time from the Marine Safety Headquarters in order to be eligible
4
for standby duty. Driving time shall be defined as driving the most direct route at
the posted speed limit.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications and
equivalent positions shall receive a five percent (5%) pay differential over their
regular rate of pay for all time worked in the higher job classification if they are
assigned to work in the higher job classification for a period of one (1) working
hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
I. Court Standby Pay
NBLMA 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. NBLMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
SECTION 3. LEAVES
A. Flex Leave
All employees hired after July 1, 1990 will be included in the Flexible Leave
Program. Within 60 days of the signing of this Memorandum of Understanding all
unit members still in the vacation/sick leave program may, collectively, elect to
5
convert to the flex leave program. Conversion terms shall be the same as those
utilized during the initial establishment of the flex leave program.
Basis for Accrual
Permanent full-time employees enrolled in the flex leave program will earn
leave in accordance with the following schedule:
Years of continuous Accrual per Longevity
Service pay period/hrs Pay Increase
1 but less than 5 5.54 0
5 but less than 9 6.15 0
9 but less than 12 6.77 0
12 but less than 16 7.69 0
16 but less than 20 7.69 1.0%
20 but less than 25 7.69 1.5%
25 and over 7.69 2.5%
During the first six months of employment, new regular full-time
employees shall not accrue paid leave. At the completion of six months of
employment six (6) months of accrued flex leave will be placed in the
employees account.
Note: If an employee becomes sick in the first six months of employment,
the City will advance up to six (6) months of potentially accrued flex leave
time to be used for illnesses only. If employee terminates employment
prior to six months, the City will subtract the pay equivalent of the number
of flex leave days advanced from the employee's final check. Any flex
leave time advanced during the first six months of employment will be
subtracted from the six (6) months of accrual placed in the employees
account upon completion of six months employment.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight (78) times the member's bi-weekly accrual rate. Any flex
leave earned in excess of this level will be paid on an hour for hour basis
in cash 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. Members shall be
eligible for flex leave spillover pay only if they have utilized at least eighty
(80) 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.
6
Employees first hired, or rehired by the City subsequent to July 1, 1996
shall not be eligible for flex leave spillover pay and shall not be entitled to
accrue flex leave in excess of the flex leave accrual threshold.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no
case, except for illness, may it be taken prior to the completion of an
employee's initial probationary period.
The Department Director shall approve all requests for flex leave taking
into consideration the needs of the Department, and whenever possible
the seniority and 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.
B. Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave
based on years of continuous service and the number of hours in a normal
workweek for the position to which they are assigned in accordance with
the following schedule:
Years of Accrual
Continuous Per
Service Pay Period
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of
continuous service is not permitted past December 31 st of each year with
the following exception: with approval of the Department Director, an
employee may accrue vacation days in excess of the two-year limit
provided all such excess accumulation is taken by March 31st of the
following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no
case, except for entry-level employees, may it be taken prior to the
completion of an employee's initial probationary period. Entry level
employees may use vacation after the completion of the initial six (6)
months of probation. The Department Director shall schedule and
approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and
wishes of the employee. Vacation leave may be granted on an hourly
basis.
C. Use of Flex and Vacation Leave
Level A staffing shall run from June 15th through Labor Day. During this period
of time, full-time personnel may be limited to a total of forty (40) hours usage of
vacation/flex leave. Additional vacation/flex leave during this period may be
approved if, in the opinion of management, adequate staffing levels can be
maintained.
The Department shall develop a policy defining when approved vacation/flex
leave times shall not be subject to cancellation.
The City will budget eighty (80) hours of overtime per employee per year for
vacations/flex leave backfill. Concurrently, the City and NBLMA will jointly review
procedures defining minimum staffing and the hours for night call out. Any
changes to these areas fall within the scope of representation and will be subject
to the meet and confer process.
D. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number
of hours in a normal workweek for the position to which they are assigned
in accordance with the following schedules:
0- - 1 year
1-2 years
2-3 years
3-4 years
4+ years
Normal Work Week
40 hours
8
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required
to maintain the same number of hours as required of other permanent
employees.
Employees accruing sick leave hours under the above formula and
enrolled in the City's Disability Program will be eligible for City -paid
Disability Insurance premiums as follows: 50% at 88 hours, 100% at 208
hours.
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued.
Except as noted, an employee serving his/her initial probation
period is eligible to use his/her accumulated sick leave provided
that if for any reason his/her City employment is terminated prior to
the completion of such probationary period, his/her final pay check
shall be reduced by the value of the sick leave he/she has taken.
After completion of the initial six (6) months probation period, entry-
level employees shall not have used sick leave deducted from their
final pay check if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis.
b. Approval
Sick leave may be granted only at the direction of or with the
approval of the Department Director and only for the purposes
defined in Section 11.2.A of the Employee Policy Manual.
3. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of
sick leave equal to or greater than the full value of 40 months of accrued
sick leave, and who have used six or less days of sick leave during the
calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted
to paid vacation shall require the approval of the Department Director.
9
E. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual sick leave accrual for an illness of a dependent which requires the
presence of the employee. Such time may be taken from the employee's annual
sick leave accrual or sick leave bank, at the employee's choice. Leave shall be
administered in accordance with the provisions of Section 11.2 of the Employee
Policy Manual. The provisions of this section shall not be construed to affect or
reduce the right of any employee to any unpaid family medical leave authorized
by State or Federal law.
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean
biological, adopted, or foster child; a stepchild; a legal ward; or a child of an
employee standing in local parentis).
F. Holiday Time
Subject to the provisions herein, the following days shall be observed as paid
holidays by all employees in permanent positions and other personnel whose
work assignments, in the judgment of the Department Director, require their
presence on the job. For each designated holiday, except the Floating Holidays,
such personnel shall receive an equivalent number of hours of paid leave or
equivalent pay whichever in the judgment of the Department Director best serves
the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
1.
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Eligibility and use according to
Memorandum of Understanding.
Holiday pay will be paid only to employees who work their scheduled day
before the holiday and scheduled day after a holiday or are on authorized
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leave (e.g., approved vacation, sick leave, or flex leave that has been
reviewed and approved by the Department Director).
2. Newly hired employees will be eligible to receive full pay for scheduled
holidays, without a waiting period.
3. "Floating Holiday" eligibility allows for newly hired employees to earn their
first floating holiday credit, eight (8) hours, at the same time as they
receive their regular appointment status, upon the successful completion
of their probationary period.
4. In July, 2003 all employees were provided a one-time opportunity to elect
to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For
example, an employee electing to convert 48 of the 96 hours of the annual
benefit to cash must so convert 48 hours of earned holiday benefits each
year thereafter. Holiday pay will be paid bi-weekly with the regular check.
Holiday leave conversion pay will not count in the total compensation
formula used to adjust salaries and benefits.
Employees hired after July 2003 will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
G. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected
employees are as follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her
immediate family. For the purposes of this section, immediate family shall mean
father, mother, brother, sister, wife, husband, child, or grandparents and the
employee's spouses' father, mother, brother, sister, and child.
Maximum Allowed. Such leave shall be limited to five (5) working days per
calendar year per occurrence.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have
his/her final pay check reduced by the value of the leave taken.
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H. Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid for a percentage of the employee's accrued but unused Sick Leave
computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED SICK
LEAVE PAID FOR:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave for Staff Employees and the first 1200 hours for Line
Employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick
Leave — 1200 hours multiplied by .375).
Leave Pay -Off
NBLMA members shall receive payment for any accrued leave upon termination
at the rate of 109% of their base hourly rate. Effective October 1, 2010, payment
for accrued leave will be at 100% of the base hourly rate.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
City has established a Medical/Dental Information Committee composed
of one representative from each employee group and up to three City
representatives. The Medical/Dental 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 care issues. The purpose of this Committee is to provide
each employee group with information about health care issues and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
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2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and the Newport
Beach Lifeguard Management Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective the pay period beginning December 20, 2008, the City's
contribution towards the Cafeteria Plan increases to $974 (plus the
minimum CaIPERS participating employer's contribution).
Effective the pay period beginning December 19, 2009, the City's
contribution towards the Cafeteria Plan will increase to $1049 (plus the
minimum CaIPERS participating employer's contribution).
LMA members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any responsibility or
liability to provide medical insurance coverage on an annual basis.
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
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account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
Waiting Period 30 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.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may access
the EAP subject to provider guidelines.
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The Retirement Benefit
1. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement
and hired before May 25, 2010, the entire required normal "safety
member" retirement contribution, but not to exceed 9% of the
compensation earnable which PERS uses to calculate retirement
contributions and benefits. For employees hired after May 25, 2010 the
City will pay 3.5% of the member contribution. Such employees will be
eligible to receive the 9% the beginning of their 6ih year of uninterrupted
service. In addition, the amount of this payment shall be reported to PERS
as special compensation, which is part of the employee's compensation
earnable, pursuant to the provisions of Section 20636 (c)(4) of the
California Government Code, as amended effective July 1, 1994. This
payment shall be credited to the employee's accounts maintained by
PERS in accordance with Section 20691 of the California Government
Code. NBLMA acknowledges that the City is making this payment
pursuant to a specific request of NBLMA to do so, that the City has made
significant financial commitments to NBLMA in this MOU in consideration
of the members' agreement to relinquish their previously held "irrevocable
right" to pay their own PERS contribution and receive a corresponding
salary increase, and that the significant financial concessions to NBLMA
(which included Leave Premium Pay Accounts, changes in the calculation
of "hours worked" for purposes of overtime and internal salary
adjustments) were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBLMA members exercise
their irrevocable right to make their own PERS contribution and receive a
corresponding salary increase.
2. The City's contract with PERS also provides for:
a. A 3% @ 50 retirement formula pursuant to the provisions of Section
21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548).
3. Effective February 27, 2010, all employees will contribute 3.5% of base
pay towards retirement costs. This payment will be made on a pre-tax
basis through payroll deduction pursuant to IRS Code Section 414(h)(2).
15
This contribution will not affect the reporting of the 9% EPMC for
employees hired before May 25, 2010 (Section 20636)(c)(4) of the
California Government Code.
E. Retiree Health Benefits Program
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.
Category 4 - Employees who had already retired from the City prior
to January 1, 2006, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Medical Expense Reimbursement
Program Plan (MERP).
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual MERP 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
16
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): $1.50 per month for each
year of service plus year of age (updated every January 15t based on
status as of December 31st of the prior year). Effective January 2008,
this contribution will increase to $2.50 per month.
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 MERP, 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 contribution, at
the level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non -safety
members within an Association may have different levels. Additionally,
the purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
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Sick leave balances may also be included in the MERP Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each MERP 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 MERP 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 MERP account at the time of
separation
Distributions from MERP 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
18
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 MERP 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
MERP 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 CaIPERS participating employer's
contribution 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 MERP
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 MERP 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
MERP accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
19
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the MERP
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to
the previous retiree medical program, except that there is no cost
share requirement, and the $400 City contribution after retirement
can be used for any IRS authorized purpose, not just City insurance
premiums.
Effective July 1, 2006, a MERP account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1 % of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
20
F. Tuition Reimbursement
NBLMA members attending accredited community colleges, colleges 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.
LMA members attending pre -approved, directly job -related classes, courses and
seminars given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent
upon the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee
before submittal to Human Resources.
Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal
year. Effective July 1, 2010 maximum reimbursement shall be increased to
$1,500.00 per fiscal year.
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
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
21
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
less supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications, which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Lifeguard shall be based on seniority within the Series. An
22
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
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), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re —Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re—employment list in reverse order of layoff. The re—
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re—employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her 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 Manager.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay—off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach.
23
B. Discipline
Any discipline shall be in accordance with the Department SOP and the
Employee Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to
each unit employee for sunglasses and other sun protection materials (not
restricted to use at Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBLMA, the City will provide up
to $3,000.00 per year towards the purchase of fitness equipment to be used off
duty for the intended benefit of NBLMA for the term of this agreement. The
actual equipment to be purchased shall be recommended by NBLMA, and shall
require the final approval of the Fire Chief. Unit employees shall be allowed up
to three (3) hours per week for physical fitness training.
F. Lifeguard Officers Schedule
Lifeguard Officers shall continue to work a 4-10 schedule, unless the schedule is
modified through standard departmental procedures.
G. Employee Policy Manual
The City and LMA have agreed on implementation of the City's revised
Employee Policy Manual.
H. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
24
I. Part -Time Conversion
Part-time Lifeguard IV employees converted to full-time status in January 2000
shall utilize their original Lifeguard IV hire date as their anniversary date. Any
changes resulting from this change shall be prospective only.
Signatures are on the next page.
25
Executed this , day of
ATTEST: AAAA''
BY: WV�
Leilani Brown, City Clerk
, 2010:
NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
BY:
BY:
en, President
Brian O'Rourke, Vice President
CITY OF NEWP RT BEACH
BY:
Keith Curry, Mayor
PROVED AS TO FORM:
\IL
S•t7-I0
Leonie Mulvihill, Acting City Attorney
S717p0
26
EXHIBIT A
Newport Beach Lifeguard Management Association Represented Classifications
Lifeguard Officer
Lifeguard Captain
Lifeguard Captain - Boat
Lifeguard Captain - Dive
Lifeguard Battalion Chief
Lifeguard Battalion Chief - Dive
27
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of July 1, 2006 through December
31, 2008.
2. NBLMA representatives have reached an agreement as to wages, hours and
other terms and conditions of employment to apply to all affected EMPLOYEES
for the time period defined above. Said EMPLOYEES desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the City Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective
July 1, 2006, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning July 1,
2006 through December 31, 2008.
B. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no Tess
1
than seven (7) days prior to implementation of the proposed change. If
such proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, 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 and each party expressly waives its
rights to request the other to meet and confer concerning any issue relating
primarily to matters within the scope of representation except as expressly
provided for 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, which is not embodied in this MOU.
Any changes to any salaries, benefits or terms and conditions of employment
within the scope of representation not embodied in this MOU shall require prior
mutual agreement signed by the Mayor and the Newport Beach Lifeguard
Management Association President.
D. Savings
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; provided, however, that should the provisions
of this MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternate benefits agreeable to NBLMA, to EMPLOYEES
to receive the same amount of money as they would have received had such
provision not been declared invalid.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
2
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adiustments
1. Effective the pay period beginning June 23, 2007, the City shall increase
base salary for all unit classifications by two percent (2%).
2. Effective the pay period beginning June 23, 2008, the City shall increase
base salary for all unit classifications by three percent (3%).
B. Special Assignment Pay
Employees certified for boat operations or dive shall receive additional
compensation of 2.5% of base salary for their job classification.
C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work period. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
maximum (CTO) accrual of eighty (80) hours at time and one half on the books
or 120 actual hours.
D. Uniform Allowance
The City shall pay the entire cost of providing LMA members with each
component of the required LMA uniforms. The required LMA uniform includes
uniform pants, uniform shirts, safety shoes, badges and insignias, uniform
jackets and liners, belts, dive equipment, foul weather gear, personal floatation
device and helmet. The City shall not be responsible for providing employees
with socks, underwear, cap, workout shoes, or other clothing.
The City will shall report the value of provided uniforms at $488 to PERS in
accordance with PERS requirements.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
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1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out
F Scholastic Achievement Pay
NBLMA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). LMA members may
apply for increases pursuant to this Section when eligible and scholastic
achievement pay shall be included in the member's pay check for the pay period
immediately after approval by the Fire Chief. It is the responsibility of the LMA
member to apply for Scholastic 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 achievement pay prior to the date the
application is approved even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon years of full-time
service as a NBLMA member and number of units and/or degrees received by
the employee. Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. Effective upon ratification of
this agreement, LMA members shall receive scholastic achievement pay in
accordance with the following:
Years of Total College % of Actual Step
Service Semester Units in Job Class Range
2 or more 30 1.5%
3 or more 60 2.5%
3 90 3.5%
4 or more 90 3.5%
4 120 4.5%
4 B.A./B.S. 5.5%
4 M.A./M.S. 6.5%
G. Night Standby
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours
shall be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate
of pay for each calendar day of such standby duty.
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All unit employees shall be required to maintain residency within thirty (30)
minutes driving time from the Marine Safety Headquarters in order to be eligible
for standby duty. Driving time shall be defined as driving the most direct route at
the posted speed limit.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications and
equivalent positions shall receive a five percent (5%) pay differential over their
regular rate of pay for all time worked in the higher job classification if they are
assigned to work in the higher job classification for a period of one (1) working
hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
I Court Standby Pay
NBLMA 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. NBLMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
SECTION 3. LEAVES
A. Flex Leave
All employees hired after July 1, 1990 will be included in the Flexible Leave
Program.
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1 Basis for Accrual
Permanent full-time employees enrolled in the flex leave program will earn
leave in accordance with the following schedule:
Years of continuous Accrual per Longevity
Service pay period/hrs Pay Increase
1 but less than 5 5.54 0
5 but less than 9 6.15 0
9 but less than 12 6.77 0
12 but less than 16 7.69 0
16 but less than 20 7.69 1.0%
20 but less than 25 7.69 1.5%
25 and over 7.69 2.5%
During the first six months of employment, new regular full-time
employees shall not accrue paid leave. At the completion of six months of
employment six (6) months of accrued flex leave will be placed in the
employees account.
Note: If an employee becomes sick in the first six months of employment,
the City will advance up to six (6) months of potentially accrued flex leave
time to be used for illnesses only. If employee terminates employment
prior to six months, the City will subtract the pay equivalent of the number
of flex leave days advanced from the employee's final check. Any flex
leave time advanced during the first six months of employment will be
subtracted from the six (6) months of accrual placed in the employees
account upon completion of six months employment.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight (78) times the member's bi-weekly accrual rate. Any flex
leave earned in excess of this level will be paid on an hour for hour basis
in cash 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. Members shall be
eligible for flex leave spill over pay only if they have utilized at least eighty
(80) 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.
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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.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no
case, except for illness, may it be taken prior to the completion of an
employee's initial probationary period.
The Department Director shall approve all requests for flex leave taking
into consideration the needs of the Department, and whenever possible
the seniority and 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.
B. Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave
based on years of continuous service and the number of hours in a normal
workweek for the position to which they are assigned in accordance with
the following schedule:
Years of Accrual
Continuous Per 40 Hour
Service Pay Period
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of
continuous service is not permitted past December 31 st of each year with
the following exception: with approval of the Department Director, an
employee may accrue vacation days in excess of the two-year limit
provided all such excess accumulation is taken by March 31 st of the
following year.
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3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no
case, except for entry-level employees, may it be taken prior to the
completion of an employee's initial probationary period. Entry level
employees may use vacation after the completion of the initial six (6)
months of probation. The Department Director shall schedule and
approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and
wishes of the employee. Vacation leave may be granted on an hourly
basis.
C. Use of Flex and Vacation Leave
Level A staffing shall run from June 15th through Labor Day. During this period
of time, full-time personnel may be limited to a total of forty (40) hours usage of
vacation/flex leave. Additional vacation/flex leave during this period may be
approved if, in the opinion of management, adequate staffing levels can be
maintained.
The Department shall develop a policy defining when approved vacation/flex
leave times shall not be subject to cancellation.
The City will budget eighty (80) hours of overtime per employee per year for
vacations/flex leave backfill. Concurrently, the City and NBLMA will jointly review
procedures defining minimum staffing and the hours for night call out. Any
changes to these areas fall within the scope of representation and will be subject
to the meet and confer process.
D. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number
of hours in a normal workweek for the position to which they are assigned
in accordance with the following schedules:
0- - 1 year
1-2 years
2-3 years
3-4 years
4+ years
Normal Work Week
40 hours
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4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required
to maintain the same number of hours as required of other permanent
employees.
Employees accruing sick leave hours under the above formula and
enrolled in the City's Disability Program will be eligible for City -paid
Disability Insurance premiums as follows: 50% at 88 hours, 100% at 208
hours.
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued.
Except as noted, an employee serving his/her initial probation
period is eligible to use his/her accumulated sick leave provided
that if for any reason his/her City employment is terminated prior to
the completion of such probationary period, his/her final pay check
shall be reduced by the value of the sick leave he/she has taken.
After completion of the initial six (6) months probation period, entry-
level employees shall not have used sick leave deducted from their
final pay check if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis.
b. Approval
Sick leave may be granted only at the direction of or with the
approval of the Department Director and only for the purposes
defined in Section 11.2.A of the Employee Policy Manual.
3. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of
sick leave equal to or greater than the full value of 40 months of accrued
sick leave, and who have used six or less days of sick leave during the
calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted
to paid vacation shall require the approval of the Department Director.
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E. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual sick leave accrual for an illness of a dependent which requires the
presence of the employee. Such time may be taken from the employee's annual
sick leave accrual or sick leave bank, at the employee's choice. Leave shall be
administered in accordance with the provisions of Section 11.2 of the Employee
Policy Manual. The provisions of this section shall not be construed to affect or
reduce the right of any employee to any unpaid family medical leave authorized
by State or Federal law.
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean
biological, adopted, or foster child; a stepchild; a legal ward; or a child an
employee standing in local parentis).
F Holiday Time
Subject to the provisions herein, the following days shall be observed as paid
holidays by all employees in permanent positions and other personnel whose
work assignments, in the judgment of the Department Director, require their
presence on the job. For each designated holiday, except the Floating Holidays,
such personnel shall receive an equivalent number of hours of paid leave or
equivalent pay whichever in the judgment of the Department Director best serves
the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
1
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Eligibility and use according to
Memorandum of Understanding.
Holiday pay will be paid only to employees who work their scheduled day
before the holiday and scheduled day after a holiday or are on authorized
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leave (e.g., approved vacation, sick leave, or flex leave that has been
reviewed and approved by the Department Director).
2. Newly hired employees will be eligible to receive full pay for scheduled
holidays, without a waiting period.
3. "Floating Holiday" eligibility allows for newly hired employees to earn their
first floating holiday credit, eight (8) hours, at the same time as they
receive their regular appointment status, upon the successful completion
of their probationary period.
4. In July, 2003 all employees were provided a one-time opportunity to elect
to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For
example, an employee electing to convert 48 of the 96 hours of the annual
benefit to cash must so convert 48 hours of earned holiday benefits each
year thereafter. Holiday pay will be paid bi-weekly with the regular check.
Holiday leave conversion pay will not count in the total compensation
formula used to adjust salaries and benefits.
Employees hired after July 2003 will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
G. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected
employees are as follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her
immediate family. For the purposes of this section, immediate family shall mean
father, mother, brother, sister, wife, husband, child, or grandparents and the
employee's spouses' father, mother, brother, sister, and child.
Maximum Allowed. Such leave shall be limited to five (5) working days per
calendar year per occurrence.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have
his/her final pay check reduced by the value of the leave taken.
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H. Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not
for cause or resignation in lieu of termination, any member or his/her
be paid, at the rate of 109% of their then current base hourly rate of
rate before incentives, other pays, etc.) for a percentage of the
accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED SICK
LEAVE PAID FOR:
LESS THAN 10
10 BUT LESS THAN 15
15 BUT LESS THAN 20
20 OR MORE
NONE
25%
37.5%
50%
termination
estate shall
pay (hourly
employees
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave for Staff Employees and the first 1200 hours for Line
Employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick
Leave — 1200 hours multiplied by .375).
I Leave Pay -Off
For the term of the agreement, NBLMA members shall receive payment for any
accrued leave upon termination at the rate of 109% of their base hourly rate.
SECTION 4. FRINGE BENEFITS
A. Insurance
1.
Benefits Information Committee
City has established a Medical/Dental Information Committee composed
of one representative from each employee group and up to three City
representatives. The Medical/Dental 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 care issues. The purpose of this Committee is to provide
each employee group with information about health care issues and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
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2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and the Newport
Beach Marine Safety Officer Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective the pay period beginning December 23, 2006, the City's
contribution towards the Cafeteria Plan increased to $774, (plus the
minimum CaIPERS participating Employer's contribution).
Effective the pay period beginning December 22, 2007, the City's
contribution towards the Cafeteria Plan will increase to $874, (plus the
minimum CaIPERS participating employer's contribution).
Effective the pay period beginning December 20, 2008, the City's
contribution towards the Cafeteria Plan will increase to $974 (plus the
minimum CaIPERS participating employer's contribution).
LMA members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any responsibility or
liability to provide medical insurance coverage on an annual basis.
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.
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B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
Waiting Period 30 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.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
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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. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but not
to exceed 9% of the compensation earnable which PERS uses to
calculate retirement contributions and benefits. In addition, the amount of
this payment shall be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to the provisions
of Section 20636 (c)(4) of the California Government Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20691 of the
California Government Code. NBLMA acknowledges that the City is
making this payment pursuant to a specific request of NBLMA to do so,
that the City has made significant financial commitments to NBLMA in this
MOU in consideration of the members' agreement to relinquish their
previously held "irrevocable right" to pay their own PERS contribution and
receive a corresponding salary increase, and that the significant financial
concessions to NBLMA (which included Leave Premium Pay Accounts,
changes in the calculation of "hours worked" for purposes of overtime and
internal salary adjustments) were made to avoid the potential for
increased overtime compensation approximating $450,000 if all NBLMA
members exercise their irrevocable right to make their own PERS
contribution and receive a corresponding salary increase.
2. The City's contract with PERS also provides for:
a. A 3% @ 55 retirement formula pursuant to the provisions of Section
21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548) effective July 23, 2005.
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3. The City will amend its PERS contract to provide for the 3% @ 50
retirement formula to be in effect no later than December 31, 2008.
E. Retiree Health Benefits Program
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one
of four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2005,
whose age plus years of service as of January 1, 2005 was Tess
than 50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2005,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior
to January 1, 2005, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Medical Expense Reimbursement
Program Plan (MERP).
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual MERP 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.
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Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $1.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31st of the prior year). Effective January 2008,
this contribution will increase to $2.50 per month.
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 MERP, 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 contribution, at
the level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non -safety
members within an Association may have different levels. Additionally,
the purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the MERP Part C
contributions, but only to the extent and within all the numeric
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parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each MERP 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 MERP 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 MERP account at the time of
separation
Distributions from MERP 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
18
will be determined by guidelines in IRC 152. If used for these
purposes, distributions from the MERP 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
MERP 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 CaIPERS participating employer's
contribution 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 MERP
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 MERP 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
MERP 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
19
retirement is $4,800.00 per year, accruing at the rate of $400.00 per
month. There is no cash out option for these funds, and they may
not be spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the MERP
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to
the previous retiree medical program, except that there is no cost
share requirement, and the $400 City contribution after retirement
can be used for any IRS authorized purpose, not just City insurance
premiums.
Effective July 1, 2006, a MERP account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program.
The contract expense for program -wide administration by the vendor
will be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for
trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1% of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part B).
F. Tuition Reimbursement
NBLMA 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. Maximum tuition reimbursement for employees
shall be $1,000.00 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.
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
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
i. Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
21
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
less supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications, which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Lifeguard shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
22
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), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re —Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re—employment list in reverse order of layoff. The re—
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re—employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her 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 Manager.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay—off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the
Employee Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. D. Provision for Sun Protection
1. The first full pay period of each fiscal year, the City will provide $400 to
each unit employee for sunglasses and other sun protection materials (not
restricted to use at Lifeguard Store).
23
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBLMA, the City will provide up
to $3,000.00 per year towards the purchase of fitness equipment to be used off
duty for the intended benefit of NBLMA for the term of this agreement. The
actual equipment to be purchased shall be recommended by NBLMA, and shall
require the final approval of the Fire Chief. Unit employees shall be allowed up
to three (3) hours per week for physical fitness training.
F. Lifeguard Officers Schedule
Lifeguard Officers shall continue to work a 4-10 schedule, unless the schedule is
modified through standard departmental procedures.
G. Employee Policy Manual
The City and LMA have agreed on implementation of the City's revised
Employee Policy Manual.
H. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
I. Part -Time Conversion
Part-time Lifeguard IV employees converted to full-time status in January 2000
shall utilize their original Lifeguard IV hire date as their anniversary date. Any
changes resulting from this change shall be prospective only.
Signatures are on the next page.
24
Executed this 1'341 , day of ire") , 2007:
ATTEST:
BY:
NEWPORT BEA EGUARD
BY:
BY:
6t-x,AL
a27
LaVonne Harkless, City Clerk
APPROV 1 AS TO FORM:
Robin ' Iauson, City Attorney
RT BEACH
osansky, Mayor
25
NT ASSOCIATION
EXHIBIT A
Newport Beach Lifeguard Management Association Represented Classifications
Lifeguard Officer
Lifeguard Captain
Lifeguard Captain - Boat
Lifeguard Captain - Dive
Lifeguard Battalion Chief
Lifeguard Battalion Chief - Dive
26
C ()c5 C
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of January 1, 2005 through June 30,
2006.
2. NBLMA representatives have reached an agreement as to wages, hours and
other terms and conditions of employment to apply to all affected EMPLOYEES
for the time period defined above. Said EMPLOYEES desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the City Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective
January 1, 2005, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning January 1,
2005 through June 30, 2006.
B. 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.
1
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less
than seven (7) days prior to implementation of the proposed change. If
such proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
C. Conclusiveness
Except as provided for in this agreement, 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 and each party expressly waives its
rights to request the other to meet and confer concerning any issue relating
primarily to matters within the scope of representation except as expressly
provided for 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, which is not embodied in this MOU.
Any changes to any salaries, benefits or terms and conditions of employment
within the scope of representation not embodied in this MOU shall require prior
mutual agreement signed by the Mayor and the Newport Beach Lifeguard
Management Association President.
D. Savings
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; provided, however, that should the provisions
of this MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternate benefits agreeable to NBLMA, to EMPLOYEES
to receive the same amount of money as they would have received had such
provision not been declared invalid.
E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
2
F. Unit Classification Titles
Unit classifications are listed in Exhibit A. Effective with the ratification of this
Memorandum of Understanding, Unit classification titles shall be modified as
follows:
Lifeguard Captain to Lifeguard Battalion Chief
Lifeguard Lieutenant to Lifeguard Captain
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
1. Effective December 25, 2004, the City shall increase base salary for all
unit classifications by three percent (3%).
2. Effective December 25, 2004, the Lifeguard Officer classification will
also receive a nine percent (9%) base salary market adjustment.
3. Effective June 24, 2006, the City shall increase base salary for all unit
classifications by three percent (3%).
4. Special Adjustment:
Effective the pay period beginning December 24, 2005 (concurrent with
the implementation of the revised retiree medical benefit as set forth in
Section 4.E.2) base salaries shall be increased by 1%.
B. Special Assignment Pay
Employees certified for boat operations or dive shall receive additional
compensation of 2.5% of base salary for their job classification.
Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work period. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
3
maximum (CTO) accrual of eighty (80) hours at time and one half on the books
or 120 actual hours.
D. Uniform Allowance
The City shall pay the entire cost of providing LMA members with each
component of the required LMA uniforms. The required LMA uniform includes
uniform pants, uniform shirts, safety shoes, badges and insignias, uniform
jackets and liners, belts, dive equipment, foul weather gear, personal floatation
device and helmet. The City shall not be responsible for providing employees
with socks, underwear, cap, workout shoes, or other clothing.
The City will shall report the value of provided uniforms at $488 to PERS in
accordance with PERS requirements.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
1. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out
F. Scholastic Achievement Pay
NBLMA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). LMA members may
apply for increases pursuant to this Section when eligible and scholastic
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 LMA
member to apply for Scholastic 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 achievement pay prior to the date the
application is approved even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee. Qualifying units
and/or degrees must be awarded by accredited community colleges, state
colleges or universities. Effective upon ratification of this agreement, LMA
members shall receive scholastic achievement pay in accordance with the
following:
4
Years of Total College % of Actual Step
Service Semester Units in Job Class Range
2 or more 30 1.5%
3 or more 60 2.5%
3 90 3.5%
4 or more 90 3.5%
4 120 4.5%
4 B.A./B.S. 5.5%
4 M.A./M.S. 6.5%
G. Night Standby
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours
shall be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate
of pay for each calendar day of such standby duty.
All unit employees shall be required to maintain residency within thirty (30)
minutes driving time from the Marine Safety Headquarters in order to be eligible
for standby duty. Driving time shall be defined as driving the most direct route at
the posted speed limit.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications and
equivalent positions shall receive a five percent (5%) pay differential over their
regular rate of pay for all time worked in the higher job classification if they are
assigned to work in the higher job classification for a period of one (1) working
hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, vacation, sick leave and paid leave shall be paid at the employee's
regular rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
5
I. Court Standby Pay
NBLMA 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. NBLMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
SECTION 3. LEAVES
A. Flex Leave
All employees hired after July 1, 1990 will be included in the Flexible Leave
Program.
1. Basis for Accrual
Effective the first full pay period following ratification of this agreement,
permanent full-time employees enrolled in the flex leave program will earn
leave in accordance with the following schedule:
Years of continuous Accrual per Longevity
Service pay period/hrs Pay Increase
1 but less than 5 5.54 0
5 but less than 9 6.15 0
9 but less than 12 6.77 0
12 but less than 16 7.69 0
16 but less than 20 7.69 1.0%
20 but less than 25 7.69 1.5%
25 and over 7.69 2.5%
During the first six months of employment, new regular full-time
employees shall not accrue paid leave. At the completion of six months of
employment six (6) months of accrued flex leave will be placed in the
employees account.
Note: If an employee becomes sick in the first six months of employment,
the City will advance up to six (6) months of potentially accrued flex leave
time to be used for illnesses only. If employee terminates employment
6
prior to six months, the City will subtract the pay equivalent of the number
of flex leave days advanced from the employee's final check. Any flex
leave time advanced during the first six months of employment will be
subtracted from the six (6) months of accrual placed in the employees
account upon completion of six months employment.
2. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to
seventy eight (78) times the member's bi-weekly accrual rate. Any flex
leave earned in excess of this level will be paid on an hour for hour basis
in cash 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. Members shall be
eligible for flex leave spill over pay only if they have utilized at least eighty
(80) 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.
3. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no
case, except for illness, may it be taken prior to the completion of an
employee's initial probationary period.
The Department Director shall approve all requests for flex leave taking
into consideration the needs of the Department, and whenever possible
the seniority and 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.
B. Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave
based on years of continuous service and the number of hours in a normal
workweek for the position to which they are assigned in accordance with
the following schedule:
Years of Accrual
7
Continuous Per 40 Hour
Service Pay Period
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of
continuous service is not permitted past December 31 st of each year with
the following exception: with approval of the Department Director, an
employee may accrue vacation days in excess of the two-year limit
provided all such excess accumulation is taken by March 31 st of the
following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no
case, except for entry-level employees, may it be taken prior to the
completion of an employee's initial probationary period. Entry level
employees may use vacation after the completion of the initial six (6)
months of probation. The Department Director shall schedule and
approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and
wishes of the employee. Vacation leave may be granted on an hourly
basis.
C. Use of Flexible and Vacation Leave
Level A staffing shall run from June 15th through Labor Day. During this period
of time, full-time personnel may be limited to a total of forty (40) hours usage of
vacation/flex leave. Additional vacation/flex leave during this period may be
approved if, in the opinion of management, adequate staffing levels can be
maintained.
The Department shall develop a policy defining when approved vacation/flex
leave times shall not be subject to cancellation.
The City will budget eighty (80) hours of overtime per employee per year for
vacations/flex leave backfill. Concurrently, the City and NBLMA will jointly review
procedures defining minimum staffing and the hours for night call out. Any
8
changes to these areas fall within the scope of representation and will be subject
to the meet and confer process.
D. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number
of hours in a normal workweek for the position to which they are assigned
in accordance with the following schedules:
Normal Work Week
40 hours
0- - 1 year
1-2 years
2-3 years
3-4 years
4+ years
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required
to maintain the same number of hours as required of other permanent
employees.
Employees accruing sick leave hours under the above formula and
enrolled in the City's Disability Program will be eligible for City -paid
Disability Insurance premiums as follows: 50% at 88 hours, 100% at 208
hours.
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued.
Except as noted, an employee serving his/her initial probation
period is eligible to use his/her accumulated sick leave provided
that if for any reason his/her City employment is terminated prior to
the completion of such probationary period, his/her final pay check
shall be reduced by the value of the sick leave he/she has taken.
After completion of the initial six (6) months probation period, entry-
level employees shall not have used sick leave deducted from their
final paycheck if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis.
9
b. Approval
Sick leave may be granted only at the direction of or with the
approval of the Department Director and only for the purposes
defined in Section 11.2.A of the Employee Policy Manual.
3. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of
sick leave equal to or greater than the full value of 40 months of accrued
sick leave, and who have used six or less days of sick leave during the
calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted
to paid vacation shall require the approval of the Department Director.
E. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual sick leave accrual for an illness of a dependent which requires the
presence of the employee. Such time may be taken from the employee's annual
sick leave accrual or sick leave bank, at the employee's choice. Leave shall be
administered in accordance with the provisions of Section 11.2 of the Employee
Policy Manual. The provisions of this section shall not be construed to affect or
reduce the right of any employee to any unpaid family medical leave authorized
by State or Federal law.
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive children, a stepchild, a legal
ward, or a child of a person standing in local parentis).
F. Holiday Time
Subject to the provisions herein, the following days shall be observed as paid
holidays by all employees in permanent positions and other personnel whose
work assignments, in the judgment of the Department Director, require their
presence on the job. For each designated holiday, except the Floating Holidays,
such personnel shall receive an equivalent number of hours of paid leave or
equivalent pay whichever in the judgment of the Department Director best serves
the interest of the Department.
10
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st 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 January
3rd Monday in February
Last Monday in May
For employee's birthday or other
holiday.
Eligibility and use according to
Memorandum of Understanding.
1 Holiday pay will be paid only to employees who work their scheduled day
before the holiday and scheduled day after a holiday or are on authorized
leave (e.g., approved vacation, sick leave, or flex leave that has been
reviewed and approved by the Department Director).
2. Newly hired employees will be eligible to receive full pay for scheduled
holidays, without a waiting period.
3. "Floating Holiday" eligibility allows for newly hired employees to earn their
first floating holiday credit, eight (8) hours, at the same time as they
receive their regular appointment status, upon the successful completion
of their probationary period.
4. Effective July, 2003 all employees will be provided a one-time opportunity
to elect to convert all or any portion of their annual holiday benefits to cash
on an annual basis. This election shall be uniform from year to year. For
example, an employee electing to convert 48 of the 96 hours of the annual
benefit to cash must so convert 48 hours of earned holiday benefits each
year thereafter. Holiday pay will be paid bi-weekly with the regular check.
Holiday leave conversion pay will not count in the total compensation
formula used to adjust salaries and benefits.
Newly hired employees will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
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G. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected
employees are as follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her
immediate family. For the purposes of this section, immediate family shall mean
father, mother, brother, sister, wife, husband, child, father-in-law, mother-in-law
and grandparents.
Maximum Allowed. Such leave shall be limited to five (5) working days per
calendar year per occurrence.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have
his/her final pay check reduced by the value of the leave taken.
H. Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid, at the rate of 109% of their then current base hourly rate of pay (hourly
rate before incentives, other pays, etc.) for a percentage of the employees
accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED SICK
LEAVE PAID FOR:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave for Staff Employees and the first 1200 hours for Line
Employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick
Leave — 1200 hours multiplied by .375).
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I. Leave Pay -Off
For the term of the agreement, NBLMA members shall receive payment for any
accrued leave upon termination at the rate of 109% of their base hourly rate.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
City has established a Medical/Dental Information Committee composed
of one representative from each employee group and up to three City
representatives. The Medical/Dental 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 care issues. The purpose of this Committee is to provide
each employee group with information about health care issues 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. NBLMA
members shall participate in this plan. The City contribution toward the
Cafeteria Plan shall be as set forth below. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and the Newport
Beach Marine Safety Officer Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective December 25, 2004, the City's contribution towards the Cafeteria
Plan will increase to $674, (plus the minimum CaIPERS participating
Employer's contribution).
Effective December 24, 2005, the City's contribution towards the
Cafeteria Plan will increase to $724, (plus the minimum CaIPERS
participating employer's contribution).
LMA members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any responsibility or
13
liability to provide medical insurance coverage on an annual basis.
Should the City increase the Cafeteria Plan contribution for other
represented employee groups in excess of the amount reflected herein, it
will, upon request, reopen negotiations on the Cafeteria Plan contribution
with NBLMA.
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:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
Waiting Period 30 Calendar Days
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Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
C Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may access
the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but not
to exceed 9% of the compensation earnable which PERS uses to
calculate retirement contributions and benefits and the entire normal
miscellaneous member contribution, not to exceed 7%. In addition, the
amount of this payment shall be reported to PERS as special
compensation, which is part of the employee's compensation earnable,
pursuant to the provisions of Section 20636 (c)(4) of the California
Government Code, as amended effective July 1, 1994. This payment
shall be credited to the employee's accounts maintained by PERS in
accordance with Section 20691 of the California Government Code.
NBLMA acknowledges that the City is making this payment pursuant to a
specific request of NBLMA to do so, that the City has made significant
financial commitments to NBLMA in this MOU in consideration of the
members' agreement to relinquish their previously held "irrevocable right"
to pay their own PERS contribution and receive a corresponding salary
increase, and that the significant financial concessions to NBLMA (which
included Leave Premium Pay Accounts, changes in the calculation of
15
"hours worked" for purposes of overtime and internal salary adjustments)
were made to avoid the potential for increased overtime compensation
approximating $450,000 if all NBLMA members exercise their irrevocable
right to make their own PERS contribution and receive a corresponding
salary increase.
2. The City's contract with PERS shall also provides for:
a. A 3% @ 55 retirement formula pursuant to the provisions of Section
21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefits.
3. The City will amend its PERS contract to provide the pre -retirement option
settlement 2 death benefit (Section 21548) to be effective July 23, 2005.
E. Retiree Health Benefits Program
1. Prior to December 24, 2005
An employee is eligible for retiree medical benefits under this program
after seven years of service to the City of Newport Beach if the employee
retires from the City and is a PERS annuitant. This program is inclusive of
an employee's right to medical insurance coverage under the CaIPERS
medical insurance plan and the mandatory minimum employer
contribution to said plan on behalf of the annuitant.
a. The City has implemented a $400 per month cap for retiree medical
insurance premium contributions as provided for in previous
Memoranda of Understanding between the City and the NBLMA. In
accordance with existing agreements, the City and active employees
shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree
medical insurance premium under this program. Retirees shall be
responsible for any remaining medical insurance premiums under this
program to a maximum of Four Hundred ($400.00) Dollars. Retirees
shall be responsible for any remaining medical insurance premiums.
The employee's current share of the retirement contribution shall be
$44.07 per month. Subsequent contribution levels shall be set in July
per the retirement formula described above.
Prior to increasing the deductions for the employee's contribution
share, the City shall provide NBLMA with documentation supporting
16
the need for said increase at least 90 days in advance of the effective
date of the increase. Upon request, City representatives will meet
and consult with NBLMA prior to any increases in employee deduction
levels.
b. In order to accumulate funds to meet the potential unfunded liability in
retiree medical insurance premium payments as projected by the
City's actuary and in addition to the contribution described above,
each NBLMA unit employee will contribute $10 per month and the City
shall contribute $20 per employee per month into an interest bearing
trust account. These contributions will be continued until the
projected liability is satisfactorily funded (approximately 30 years), or
until such time as the City and NBLMA mutually agree to end the
funding on behalf of NBLMA members.
Accumulated funds from the employee and employer contributions
described above shall be held separate from the City's general fund.
These funds shall be kept in an interest bearing account and may only
be used to pay for unfunded retiree medical insurance premiums not
covered by the funds collected under El D1(a) above.
In the event the retiree medical insurance program described herein
is discontinued, NBLMA members will receive an accounting on any
remaining funds and the City will immediately meet and confer with
NBLMA on the distribution of said funds back to active (not
retired/full-time) City employees in the NBLMA unit.
The City will provide NBLMA with an annual report certified by the City
Finance Director describing the balance, interest earnings, and any
expenditures of the trust account described herein.
The City agrees to meet and confer with NBLMA upon request with
regard to alternative programs and/or funding methods for retiree
medical insurance premiums for NBLMA members, if retiree medical
insurance benefits are upgraded for another bargaining unit during the
term of this MOU.
2. Effective December 24, 2005
a. Overview
A new Defined Contribution Plan will be established to set aside funds
for employee medical expenses during retirement. This plan will
replace the existing Defined Benefit Plan ("old plan"), which will be
phased out. The plan will be a Medical Expense Reimbursement Plan
("MERP") funded through an Integral Part Trust (IPT).
17
b. Structure
Each employee will have an individual MERP account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
retirement. 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.
i. Part A contributions (mandatory employee): 1 % of Salary.
ii. Part B contributions (employer for employees fully converting to
new plan): $1.50 per month for each year of service plus year
of age (updated every January 1st based on status as of
December 31st of the prior year).
iii. Part C contributions (leave settlement as determined by
Association):
The Association has determined that the level of contribution
for all employees it represents will be 20% of sick leave. Any
future changes to this level of contribution shall be subject to
the following constraints. All employees within the Association
must participate at the same level, except that Safety members
and Non -safety members 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. The computation of the cash
equivalent for leave hours to be included in the MERP will be
the same as the computation used when leave is "cashed out"
for other reasons. However, individual employees must not
have the option of receiving compensation for the value of the
same leave hours in the form of cash.
For example, if the Association wishes to specify 50% of the
leave balance as the participation level, then each member
leaving the City would have the cash equivalent of 50% of
whatever balance is in his or her leave account added to the
MERP, on a pre-tax basis. The remaining 50% would be paid
18
in cash as taxable income. Again, individual employees would
not have the option to deviate from this breakout.
If the Association decides to participate in Part C contributions,
at any level, its members will not have the right to voluntarily
convert leave to cash for one full year prior to retirement, other
than "spillover" of amounts above the maximum accumulation
balance. However, taking leave for time off purposes would
not be constrained.
Sick leave balances may also be included in the MERP, but
only to the extent and within all the numeric parameters
specified in the Employee Policy Manual. Section 11.21 of the
Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be "cashed out"
at 800, and specifies that sick leave hours are "cashed out" on
a 2 for 1 basis (800 hours of sick leave are converted to 400
hours for cash purposes). Sick leave participation is a
separate item from vacation/flex leave participation, and
thresholds must be separately identified by the Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each MERP Employee Account each pay period. Eligibility
for Part B contributions is set at five years of 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 monthly. Part C deposits,
if any, will be made at the time of employment termination.
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 retirement. 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 MERP
Employee Account. An employee who leaves City employment within
the first five years will not be entitled to any Part B contributions.
Distributions from MERP Employee Accounts are restricted to use for
health insurance and medical care expenses after retirement, 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
19
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 MERP 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
MERP 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 CaIPERS participating employer's
contribution 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 MERP
account.
c. Employee Participation
i. New Employees
Participation in the new plan is mandatory from the onset of
employment. New employees will make no contributions to the
old plan.
ii. Conversion Threshold for Current Employees
Members whose age plus years of service equal 45 or Tess at
the time of implementation must convert to the new plan.
Those with age plus years of service of 46 or more have the
option of fully converting or remaining in the old plan with
modified participation in the new plan.
iii. Current Employees Fully Converting to New Plan
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 IPT accounts that
equates to $100 per month for every month they contributed to
the current plan, to a maximum of 15 years (180 months). This
contribution will be made at the time of retirement, and only if
20
the employee retires from the City. No interest will be earned
in the interim.
Employees in this category will make no further contributions to
the existing plan, and will no longer participate in it. The parties
agree that this one time payment by the City satisfies the
requirement in paragraph E1.b. of Section 4 (Fringe Benefits)
of the previous MOUs regarding an accounting and potential
distribution of contributions upon discontinuation of the
previous version of the Retiree Medical Program.
iv. Current Employees Continuing to Participate in Some Elements
of Old Plan
Employees in this category will contribute a flat $100 per month
to the old plan for the duration of their employment. The
maximum benefit provided by the old plan at retirement is
$4800.00 per year, accruing at the current rate of $400.00 per
month. City share of each retiree's cost may be used for
anything authorized for the IPT program, rather than just for
Insurance Premiums for one of the City plans. There is no
cash out option for these funds.
Employees remaining on the old plan will also participate in the
IPT program, with Part A contributions being mandatory; no
Part B contributions; and Part C contributions if applicable.
Employees in this category will also receive an additional one-
time City contribution of $75 per month for every month they
contributed to the old plan prior to the date of implementation of
the new program, up to a maximum of 15 years (180 months).
This contribution will be made to the IPT account at the time of
retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
d. Retroactivity
Limited retroactivity is provided for employees who retired from the City
during the period covered by the contract in which this new program is
implemented, but before the program is implemented. For those
employees who retired under the old program during this period, the
provision for increased flexibility in the use of the $4800.00 maximum
(accruing at $400 per month) benefit will apply. In addition, a MERP
account will be opened for each employee in this category, and a
contribution of $75 per month for each month of prior contribution to
the old plan will be deposited by the City.
21
No other provisions of the new program are applicable to employees in
this category, and no provisions of the program are applicable to any
other existing retirees.
e. Administration
A vendor will be selected by the City to administer the MERP. 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 acti ons
taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee will have the authority to
determine investment options that will be available through the plan.
Value of Benefit
For all purposes, the MERP shall be valued at 1% of salary on which
PERS retirement is based (Part A); plus .25% of other compensation
(Part B).
F Tuition Reimbursement
NBLMA 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. Maximum tuition reimbursement for employees
shall be $1,000.00 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.
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.
22
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
Classification or Series calculated from the date on which the
employee was first granted permanent status in their current
Classification or any Classification within the Series, subject to the
following:
i. Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
less supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications, which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
23
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a Tess senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Lifeguard shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
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), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re —Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re—employment list in reverse order of layoff. The re—
employment list shall remain in effect until exhausted by removal of all
names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a
lower ranking Classification within a Series, the employee at the top of the
Department re—employment list shall have the right to appointment to the
position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail,
certified, return receipt requested, and addressed to the employee at his
or her 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
24
name from the re—employment list by sending written confirmation to the
Human Resources Manager.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay—off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the
Employee Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
1. The City will provide for one pair of sunglasses per year for each unit
employee. The cost allowance will be determined through reference to
the cost of a base line pair.
2. The City agrees to provide an additional $$300.00 (not restricted to use at
Lifeguard Store) per year in sun protection materials for all unit
employees.
3. Each unit employee shall receive an annual skin cancer screening will be
conducted either on or off duty at the Department's discretion. Employees
directed to receive this screening off duty shall receive one (1) hour of
compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBLMA, the City will provide up
to $3,000.00 per year towards the purchase of fitness equipment to be used off
duty for the intended benefit of NBLMA for the term of this agreement. The
actual equipment to be purchased shall be recommended by NBLMA, and shall
require the final approval of the Fire Chief. Unit employees shall be allowed up
to three (3) hours per week for physical fitness training.
F. Lifeguard Officers Schedule
Lifeguard Officers shall continue to work a 4-10 schedule, unless the schedule is
modified through standard departmental procedures.
25
G. Employee Policy Manual
The City and LMA have agreed on implementation of the City's revised
Employee Policy Manual.
H. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
I. Part -Time Conversion
Part-time Lifeguard IV employees converted to full-time status in January 2000
shall utilize their original Lifeguard IV hire date as their anniversary date. Any
changes resulting from this change shall be prospective only.
Executed this l , day of ne./c , 2005:
NEWPORT BEACH
BY:
BY:
IFEGUARD MANAGEMENT ASSOCIATION
CITY OF NEWPOR BEA i�-I
(/J (JIj y
Mayor
ATTEST::
BY. �, _LG /2 /�
N(19'Tk
LaVonne Harkless, City Clerk
APPROVE AS TO FORM:
Robin Clawson, City Attorney
26
EXHIBIT A
Newport Beach Lifeguard Management Association Represented Classifications
Lifeguard Officer
Lifeguard Captain
Lifeguard Captain - Boat
Lifeguard Captain - Dive
Lifeguard Battalion Chief
Lifeguard Battalion Chief - Dive
27
(B)
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into with
reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to
as "CITY") and authorized repjesentatives of the NEWPORT BEACH MARINE
SAFETY OFFICERS ASSOCIATION (hereinafter referred to as "NBMSOA") a
recognized employee organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and conditions of employment
of employees represented by NBMSOA (hereinafter referred to as "EMPLOYEES") for
the period of July 1, 2002 through December 31, 2003.
2. NBMSOA representatives have reached an agreement as to wages, hours and other terms
and conditions of employment to apply to all affected EMPLOYEES for the time period
defined above. Said EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City Council of the City of
Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 1,
2002 subject to approval by the City Council of the City of Newport Beach, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning July 1, 2002
through December 31, 2003 or if after December 23, 2003, the conclusion of the meet
and confer process.
B. Scope
1. All present written rules and currently established practices and employee rights,
privileges and benefits that are within the scope of representation shall remain in
full force and effect during the term of this MOU unless specifically amended by
the provisions of this MOU, or in the case of the Department SOP's falling within
the scope of representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within the scope
of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Association no less than
seven (7) days prior to implementation of the proposed change. If such proposed
change materially impacts any matter within the scope of representation, then the
parties agree to meet and confer over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50.
SECTION 2. COMPENSATION
A. Title and Status Changes
Effective with the ratification of this Memorandum of Understanding, Unit classification
titles shall be modified as follows:
Lifeguard Specialist to Lifeguard Officer
B. Pay for Time Worked
1. Salaries and Wages
For the Willi of this agreement, salaries for Unit classifications will be as set forth
below:
Lifeguard Officer at 75% of Firefighter
Lifeguard Lieutenant at Firefighter plus 15%
Lifeguard Captain at Fire Captain plus 7.5%
Additional increases: Lifeguard Officer only.
July 2002 — 5%
July, 2003 — 3%
*After July 2003 the Lifeguard relationship to Firefighter will be 81%
In addition to the amount shown above the following payments shall be made:
Lifeguard Lieutenant Boat — 2.5%
Lifeguard Lieutenant Dive — 2.5%
Lifeguard Captain Dive — 2.5%
Unit classifications are listed in Attachment A.
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2. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work period. Paid time off shall be considered time
worked for the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory time off (CTO)
for all overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
maximum (CTO) accrual of eighty (80) hours at time and one half on the books
or 120 actual hours.
3. Call Out
Call out compensation shall be in accordance with the following provisions:
a. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
b. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out
C. Scholastic Achievement Pay
NBMSOA members are entitled to additional compensation contingent upon scholastic
achievement ("Scholastic Achievement Pay"). MSOA members may apply for increases
pursuant to this Section when eligible and scholastic 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 MSOA member to apply for Scholastic 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 achievement pay prior
to the date the application is approved even though the member may have been eligible
prior to approval. Scholastic achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee. Qualifying units and/or
degrees must be awarded by accredited community colleges, state colleges or
universities. MSOA members shall receive scholastic achievement pay in accordance
with the following:
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Years of Total College Compensation
Service Semester Units Per Month
2 or more 30 1.5% mo/top step base FF salary
3 or more 60 2.5% mo/top step base FF salary
3 90 3.5% mo/top step base FF salary
4 or more 90 3.5% mo/top step base FF salary
4 120 4.5% mo/top step base FF salary
4 B.A./B.S. 5.5% mo/top step base FF salary
4 M.A./M.S. 6.5% mo/top step base FF salary
D. Court Standby Pay
NBMSOA 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. NBMSOA 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.
K. Night Standby
An employee assigned to standby duty for purposes of being on call to handle emergency
situations arising at times other than during normal working hours shall be guaranteed
two (2 1/2) and a half hours of pay at his regular hourly rate of pay for each calendar day
of such standby duty.
All unit employees shall be required to maintain residency within thirty (30) minutes
driving time from the Marine Safety Headquarters in order to be eligible for standby
duty. Driving time shall be defined as driving the most direct route at the posted speed
limit.
F. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an employee to
work in a job classification, which is assigned to a salary schedule higher than his/her
regular job classifications.
Employees temporarily upgraded to the following job classifications shall receive a five
(5%) percent pay differential over their regular rate of pay for all time worked in the
higher job classification if they are assigned to work in the higher job classification for a
period of four (4) working hours or longer:
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Lifeguard Captain
Lifeguard Lieutenant
All holiday, vacation, sick leave and paid leave shall be paid at the employee's regular
rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of the
City.
SECTION 3. FRINGE BENEFITS
A. Insurance
1. Health Care Plan
The City has implemented an IRS qualified Cafeteria Plan. NBMSOA members
shall participate in this plan. The City contribution toward the Cafeteria Plan shall
be as set forth below. In addition, the City shall contribute a total of $16 towards
medical insurance. Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurances/programs. The City and the Newport Beach Marine Safety Officers
Association will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash
back. Employees shall be allowed to change coverages in accordance with plan
rules during regular open enrollment periods.
Effective January 2003, the City's contribution towards the Cafeteria Plan will be
$534 (plus the $16 medical contribution).
NBMSOA members who do not want to enroll in any health care plan offered by
the City must provide evidence of group health care insurance coverage, and
execute an opt -out agreement releasing the City from any responsibility or
liability to provide health care insurance coverage on an annual basis.
Should the City increase the Cafeteria Plan contribution for other represented
employee groups in excess of the amount reflected herein, it will, upon request,
reopen negotiations on the Cafeteria Plan contribution with NBMSOA.
2. Benefits Information Committee
City has established a Medical/Dental Information Committee composed of one
representative from each employee group and up to three City representatives.
The Medical/Dental Information Committee has been established to allow the
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City to present data regarding carrier and coverage options, the cost of those
options, appropriate coverage levels and other health care issues. The purpose of
this Committee is to provide each employee group with information about health
care issues and to receive timely input from associations regarding preferred
coverage options and levels of coverage.
3. Retiree Health
An employee is eligible for retiree medical benefits under this program after
seven years of service to the City of Newport Beach if the employee retires from
the City and is a PERS annuitant. This program is inclusive of an employee's
right to medical insurance coverage under the Ca1PERS medical insurance plan
and the mandatory minimum $16 per month employer contribution to said plan on
behalf of the annuitant.
a. The City has implemented a $400 per month cap for retiree medical
insurance premium contributions as provided for in previous Memoranda
of Understanding between the City and the NBMSOA. In accordance
with existing agreements, the City and active employees shall be
responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical
insurance premium under this program. Retirees shall be responsible for
any remaining medical insurance premiums under this program to a
maximum of Four Hundred ($400.00) Dollars. Retirees shall be
responsible for any remaining medical insurance premiums. The
employee's current share of the retirement contribution shall be $34.06 per
month. Subsequent contribution levels shall be set in January, annually, in
accordance with the formula described above.
Prior to increasing the deductions for the employee's contribution share,
the City shall provide NBMSOA with documentation supporting the need
for said increase at least 90 days in advance of the effective date of the
increase. Upon request, City representatives will meet and consult with
NBMSOA prior to any increases in employee deduction levels. The
parties agree that any increase will take effect as soon as possible after
January 1.
b. In order to accumulate funds to meet the potential unfunded liability in
retiree medical insurance premium payments as projected by the City's
actuary and in addition to the contribution described above, each
NBMSOA unit employee will contribute $10 per month and the City shall
contribute $20 per employee per month into an interest bearing trust
account. These contributions will be continued until the projected liability
is satisfactorily funded (approximately 30 years), or until such time as the
City and NBMSOA mutually agree to end the funding on behalf of
NBMSOA members.
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Accumulated funds from the employee and employer contributions
described above shall be held separate from the City's general fund.
These funds shall be kept in an interest bearing account and may only be
used to pay for unfunded retiree medical insurance premiums not covered
by the funds collected under 5a above.
In the event the retiree medical insurance program described herein is
discontinued, NBMSOA members will receive an accounting on any
remaining funds and the City will immediately meet and confer with
NBMSOA on the distribution of said funds back to active (not retired/full-
time) City employees in the NBMSOA unit.
The City will provide NBMSOA with an annual report certified by the
City Finance Director describing the balance, interest earnings, and any
expenditures of the trust account described herein.
The City agrees to meet and confer with NBMSOA upon request with
regard to alternative programs and/or funding methods for retiree medical
insurance premiums for NBMSOA members, if retiree medical insurance
benefits are upgraded for another bargaining unit during the term of this
MOU.
4. Disability Insurance
The City shall provide disability insurance with the following provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $ 8,000
Minimum Benefit $50
Waiting Period 30 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.
5. Tuition Reimbursement
NBMSOA 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. Maximum tuition reimbursement for employees
shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the
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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.
SECTION 4. LEAVES
A. Flexible Leave Program
All employees hired after July 1, 1990 will be included in the Flexible Leave Program.
Permanent full-time employees enrolled in the flex leave program will earn leave in
accordance with the following schedule:
Years of continuous
Service
Accrual per Annual
pay period/hrs Days
1 but less than 5 5.54 18
5 but less than 9 6.15 20
9 but less than 12 6.77 22
12 but less than 16 7.69 25
16 but less than 20 8.31 27
20 but less than 25 8.92 29
25 and over 9.54 31
Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall
accrue flex leave at the following rates:
Years of continuous
Service
Accrual per Annual
pay period/hrs Days
1 but less than 5 4.92 16
5 but less than 10 5.53 18
10 but less than 15 6.46 21
15 but less than 20 7.08 23
20 and over 8.00 26
Effective January 1, 2003, employees hired, or rehired on or after July 1. 1996 shall
accrue flex leave at the following rates:
Years of continuous
Service
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Accrual per Annual
pay period/hrs Days
4.92 16
5.53 18
6.77 22
7.69 25
8.31 27
8.92 29
9.54 31
During the first six months of employment, new regular full-time employees shall not
accrue paid leave. At the completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees account.
Note: If an employee becomes sick in the first six months of employment, the City will
advance up to six (6) months of potentially accrued flex leave time to be used for
illnesses only. If employee terminates employment prior to six months, the City will
subtract the pay equivalent of the number of flex leave days advanced from the
employees final check. Any flex leave time advanced during the first six months of
employment will be subtracted from the six (6) months of accrual placed in the
employees account upon completion of six months employment.
1. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to seventy
eight (78) times the members bi-weekly accrual rate. Any flex leave earned in
excess of this level will be paid on an hour for hour basis in cash 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. Members shall be eligible for flex leave spillover pay only if
they have utilized at least eighty (80) 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 spillover pay and shall not be entitled to accrue flex
leave in excess of the flex leave accrual threshold.
2. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no case,
except for illness, may it be taken prior to the completion of an employee's initial
probationary period.
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The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the seniority
and 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.
B. Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave based on
years of continuous service and the number of hours in a normal workweek for
the position to which they are assigned in accordance with the following schedule:
Years of Accrual
Continuous Per 40 Hour
Service Pay Period
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of continuous
service is not permitted past December 31 st of each year with the following
exception: with approval of the Department Director, an employee may accrue
vacation days in excess of the two-year limit provided all such excess
accumulation is taken by March 31 st of the following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no case,
except for entry-level employees, may it be taken prior to the completion of an
employee's initial probationary period. Entry level employees may use vacation
after the completion of the initial six (6) months of probation. The Department
Director shall schedule and approve all vacation leaves for employees taking into
consideration the needs of the Department, and whenever possible, the seniority
and wishes of the employee. Vacation leave may be granted on an hourly basis.
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C. Use of Flexible and Vacation Leave
Level A staffing shall run from June 15th through Labor Day. During this period of time,
full-time personnel may be limited to a total of forty (40) hours usage of vacation/flex
leave. Additional vacation/flex leave during this period may be approved if in the
opinion of management adequate staffing levels can be maintained.
The Department shall develop a policy defining when approved vacation/flex leave times
shall not be subject to cancellation.
The City will budget eighty (80) hours of overtime per employee per year for
vacations/flex leave backfill. Concurrently, the City and NBMSOA will jointly review
procedures defining minimum staffing and the hours for night call out. Any changes to
these areas fall within the scope of representation and will be subject to the meet and
confer process.
D. Holiday Leave
Subject to the provisions herein, the following days shall be observed as paid holidays by
all employees in permanent positions and other personnel whose work assignments, in
the judgment of the Department Director require their presence on the job. For each
designated holiday, except the Floating Holidays, such personnel shall receive an
equivalent number of hours of paid leave or equivalent pay whichever in the judgment of
the Department Director best serves the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st Monday in Sept.
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 January
3rd Monday in February
Last Monday in May
For employees birthday or other holiday.
Eligibility and use according to Memoranda
of Understanding.
1. Holiday pay will be paid only to employees who work their scheduled day before
the holiday and scheduled day after a holiday or are on authorized leave (e.g.,
approved vacation, sick leave, or flex leave that has been reviewed and approved
by the Department Director).
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2. Newly hired employees will be eligible to receive full pay for scheduled holidays,
without a waiting period.
3. "Floating Holiday" eligibility allows for newly hired employees to earn their first
floating holiday credit, eight (8) hours, at the same time as they receive their
regular appointment status, upon the successful completion of their probationary
period.
4. Effective July, 2003 all employees will be provided a one-time opportunity to
elect to convert all or any portion of their annual holiday benefits to cash on an
annual basis. This election shall be uniform from year to year. For example, an
employee electing to convert 48 of the 96 hours of the annual benefit to cash must
so convert 48 hours of earned holiday benefits each year thereafter. Holiday pay
will be paid bi-weekly with the regular check. Holiday leave conversion pay will
not count in the total compensation formula used to adjust salaries and benefits.
Newly hired employees will make this election at the time of hire.
This holiday compensation shall be reported to PERS as special compensation
and shall be regarded as compensation earnable as defined in Government Code
Sec. 20636 (c) (6) for purposes of computing retirement benefits and
contributions.
E. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number of hours
in a normal workweek for the position to which they are assigned in accordance
with the following schedules:
Normal Work Week
40 hours
0 - 1 year
1-2 years
2-3 years
3-4 years
4+ years
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required to
maintain the same number of hours as required of other permanent employees.
Employees accruing sick leave hours under the above formula and enrolled in the
City's Disability Program will be eligible for City -paid Disability Insurance
premiums as follows: 50% at 88 hours, 100% at 208 hours.
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2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued. Except as
noted, an employee serving his/her initial probation period is eligible to
use his/her accumulated sick leave provided that if for any reason his/her
City employment is terminated prior to the completion of such
probationary period, his/her final pay check shall be reduced by the value
of the sick leave he/she has taken. After completion of the initial six (6)
months probation period, entry-level employees shall not have used sick
leave deducted from their final paycheck if they have maintained a
satisfactory or higher performance evaluation rating throughout the
probationary period.
Sick leave may be granted on an hourly basis.
b. Approval
Sick leave may be granted only at the direction of or with the approval of
the Department Director and only for the purposes defined in Section
11.2.A of the Employee Policy Manual.
F. Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination for
cause or resignation in lieu of termination, any member or his/her estate shall be paid, at
the rate of 109% of their then current base hourly rate of pay (hourly rate before
incentives, other pays, etc.) for a percentage of the employees accrued but unused Sick
Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED SICK
LEAVE PAID FOR:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of
accrued Sick Leave for Staff Employees and the first 1200 hours for Line Employees (for
example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after
16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of
their base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied by .375).
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G. Family Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2) of their
annual sick leave accrual for an illness of a dependent which requires the presence of the
employee. Such time may be taken from the employee's annual sick leave accrual or sick
leave bank, at the employee's choice. Leave shall be administered in accordance with the
provisions of Section 11.2 of the Employee Policy Manual. The provisions of this
section shall not be construed to affect or reduce the right of any employee to any unpaid
family medical leave authorized by State or Federal law.
For purposes of family sick leave, family member shall mean spouse, parent, (parent shall
mean biological, foster, or adoptive children, a stepchild, a legal ward, or a child of a
person standing in local parentis).
H. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of sick leave equal
to or greater than the full value of 40 months of accrued sick leave, and who have used
six or less days of sick leave during the calendar year will be permitted (only once per
year) to convert up to six days of sick leave to either salary or paid vacation at the value
of 50% (Maximum value of 3 days per year). Eligible sick leave days converted to cash
shall be at the employee's option. Eligible sick leave days converted to paid vacation
shall require the approval of the Department Director.
I. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected employees are as
follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her immediate
family. For the purposes of this section, immediate family shall mean father, mother,
brother, sister, wife, husband, child, father-in-law, mother-in-law and grandparents.
Maximum Allowed. Such leave shall be limited to five (5) working days per calendar
year per occurrence.
Probationary Employees. An employee serving his/her initial probationary period who
takes leave under this section who for any reason terminates his/her employment prior to
the completion of such probationary period shall have his/her final pay check reduced by
the value of the leave taken.
J. Leave Pay -Off
For the term of the agreement, NBMSOA members shall receive payment for any
accrued leave upon teiiiiination at the rate of 109% of their base hourly rate.
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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
Classification or Series calculated from the date on which the employee
was first granted permanent status in their current Classification or any
Classification within the Series, subject to the following:
(i) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification
or Series;
(ii) Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of absence.
c. "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part—time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities
for subordinates. The City Manager shall determine those Classifications,
which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less senior
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employee in a lower Classification within the Series. No employee shall
have the right to Bump into a Classification for which the employee does
not possess the minimum qualifications such as specialized education,
training or experience.
2. Procedures.
In the event the City Manager determines to reduce the number of employees
within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of
seniority;
c. An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a
Series, provided, however, that the determination of the employee to be
terminated from the position of Lifeguard shall be based on seniority
within the Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of layoff
of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are subject
to layoff and have the same seniority, the employees shall be laid off in
inverse order of their position on the eligibility list or lists from which
they were appointed. In the event at least one of the employees was not
appointed from an eligibility list, the Department Director shall determine
the employee(s) to be laid off.
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), and accumulated sick leave to the extent permitted by the Personnel
Resolution.
4. Re —Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The 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,
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the employee at the top of the Department re—employment list shall have the right
to appointment to the position, provided, he or she reports to work within seven
(7) days of written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail, certified,
return receipt requested, and addressed to the employee at his or her last known
address. Any employee shall have the right to refuse to be placed on the re—
employment list or the right to remove his or her name from the re—employment
list by sending written confirmation to the Human Resources Manager.
5. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay—off, receive one
week severance pay for each year of continuous service with the City of Newport
B each.
B. Health and Fitness Evaluations
All NBMSOA members shall participate in the Department Fitness Program.
C. Provision for Sun Protection
1. The CITY will provide for one pair of sunglasses per year for each unit employee.
The cost allowance will be determined through reference to the cost of a base line
pair.
2. The CITY agrees to provide an additional $100.00 per year in sun protection
materials for all unit employees.
3. Each unit employee shall receive an annual skin cancer screening will be
conducted either on or off duty at the Department's discretion. Employees
directed to receive this screening off duty shall receive one (1) hour of
compensatory time off as compensation.
D. Discipline
Any discipline shall be in accordance with the Department SOP and the Employee Policy
Manual.
E. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBMSOA, the City will provide up to
$3,000.00 per year towards the purchase of fitness equipment to be used off duty for the
intended benefit of NBMSOA for the term of this agreement. The actual equipment to be
purchased shall be recommended by NBMSOA, and shall require the final approval of
the Fire Chief. Unit employees shall be allowed up to three (3) hours per week for
physical fitness training.
17
Final
F. Uniform Allowance
The City shall pay the entire cost of providing MSOA members with each component of
the required MSOA uniforms. The required MSOA uniform includes uniform pants,
uniform shirts, safety shoes, badges and insignias, uniform jackets and liners, belts, dive
equipment, foul weather gear, personal floatation device and helmet. The City shall not
be responsible for providing employees with socks, underwear, cap, workout shoes, or
other clothing.
The City will report the value of provided uniforms to PERS in accordance with PERS
requirements.
G. Retirement
The City shall maintain in effect the 3%@55 retirement program for the term of this
agreement.
H. Lifeguard Officers Schedule
Lifeguard Officers shall continue to work a 4-10 schedule; unless the schedule is
modified through standard departmental procedures.
I. Employee Policy Manual
The City and MSOA have agreed on implementation of the City's revised Employee
Policy Manual.
J. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
K. Part -Time Conversation
Part-time Lifeguard IV employees converted to full-time status in January 2000 shall
utilize their original Lifeguard IV hire date as their anniversary date. Any changes
resulting from this change shall be prospective only.
L. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and conditions of
employment may be changed or amended after meeting and conferring, in good faith.
18
Final
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; provided, however, that should the provisions of this MOU relating to pay
schedule adjustment increases be declared invalid, CITY agrees to provide alternate
benefits agreeable to NBMSOA, to EMPLOYEES to receive the same amount of money
as they would have received had such provision not been declared invalid.
Executed this
ATTEST:
BY: ' ;?
r�1-
BY:
, day of
, 2003:
ACH MARINE SAFETY OFFICERS ASSOCIATION
CT OF NE '•'TBEACH
i 1
Steven
Vonne Harkless, City Clerk
APP VED AS TO FORM:
obert H. Burnham, City Attorney
19
Final
EXHIBIT A
Newport Beach Marine Safety Officers Association Represented Classifications
Lifeguard Officer
Lifeguard Lieutenant
Lifeguard Lieutenant - Boat
Lifeguard Captain
20
Final
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as MOU) is entered into with
reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to
as CITY) and authorized representatives of the NEWPORT BEACH MARINE SAFETY
OFFICERS ASSOCIATION (hereinafter referred to as NBMSOA) a recognized
employee organization, met and conferred, exchanging various proposals concerning
wages, hours, fringe benefits and other terms and conditions of employment of employees
represented by NBMSOA (hereinafter referred to as EMPLOYEES) for the period of
July, 1999 through June 30, 2002.
2. NBMSOA representatives have reached an agreement as to wages, hours and other terms
and conditions of employment to apply to all affected EMPLOYEES for the time period
defined above. Said EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City Council of the City of
Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 1,
1999 subject to approval by the City Council of the City of Newport Beach, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning July 1, 1999
through June 30, 2002, and, thereafter from year-to-year, unless within the time frame
and in the manner designated in Section 13, Timetable for Submission of Requests of the
Employer -Employee Relations Resolution, either party serves written notice upon the
other of its desire to make changes in this MOU.
B. Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions agreed upon by the
parties. Therefore, except for Article II of this agreement, for the life of this MOU,
neither party shall be compelled, and each party expressly waives its rights to meet and
1 Final
confer with the other, concerning any issues within the scope of representation, whether
or not specifically met and conferred about prior to the execution of this MOU, except by
mutual agreement of the parties. No representative of either party has 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.
SECTION 2. COMPENSATION
A. Title and Status Changes
Effective January, 2000, the Lifeguard IV classification has been retitled Lifeguard
Specialist and made a full-time position, eligible for full City benefits
Effective with the ratification of this Memorandum of Understanding, Unit classification
titles shall be modified as follows:
Lifeguard IV to Lifeguard Specialist
Lifeguard Supervisor to Lifeguard Lieutenant
Lifeguard Lieutenant to Lifeguard Captain
B. Pay for Time Worked
1. Salaries and Wages
Effective the first full pay period in July 1999, salaries for these classifications
will be as set forth below:
Lifeguard Specialist at 75% of Firefighter
Lifeguard Lieutenant at Firefighter plus 15%
Lifeguard Captain at Fire Captain plus 7.5%
The City and NBMSOA agree that the salaries for each classification will be set
in the salary schedule under "Attachment A." In addition, unit classifications
shall also have salaries under "Attachment A" increased by an amount equivalent
to that granted Fire Unit employees during the term of this agreement.
2. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work period. Paid time off shall be considered time
worked for the purposes of calculating overtime.
2 Final
Unit employees shall have the option of requesting compensatory time off for all
overtime, including training time, during the term of this agreement. All
compensatory time off shall be subject to existing City rules providing for
maximum CTO accrual of eighty (80) hours at time and one half on the books or
120 actual hours.
3. Call Out
Call out compensation shall be in accordance with the following provisions:
a. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
b. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out.
C. Scholastic Achievement Pay
NBMSOA members are entitled to additional compensation contingent upon scholastic
achievement (Scholastic Achievement Pay). MSOA members may apply for increases
pursuant to this Section when eligible and scholastic 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 MSOA member to apply for Scholastic 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 achievement pay prior to the date
the application is approved even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon years of service and number of
units and/or degrees received by the employee. Qualifying units and/or degrees must be
awarded by accredited community colleges, state colleges or universities. MSOA
members shall receive scholastic achievement pay in accordance with the following:
Effective the first payroll period following approval of this agreement by City Council:
Years of Total College Compensation
Service Semester Units Per Month
2 30 .6% mo top step base LL salary
3 30 .6% mo top step base LL salary
3 60 1.2%mo top step base LL salary
3 90 1.9%mo top step base LL salary
4 30 .6% mo top step base LL salary
4 60 1.2%mo top step base LL salary
4 90 1.9%mo top step base LL salary
4 120 2.5%mo top step base LL salary
3 Final
Effective July 2001, the following table shall apply:
Years of Total College
Service Semester Units
2 or more
3 or more
3
4 or more
4
4
4
D. Court Standby Pay
30
60
90
90
120
B.A./B.S.
M.A./M.S.
Compensation
Per Month
1.5% mo/top step base FF salary
2.5% mo/top step base FF salary
3.5% mo/top step base FF salary
3.5% mo/top step base FF salary
4.5% mo/top step base FF salary
5.5% mo/top step base FF salary
6.5% mo/top step base FF salary
NBMSOA 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. NBMSOA 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.
E. Night Standby
An employee assigned to standby duty for purposes of being on call to handle emergency
situations arising at times other than during normal working hours shall be guaranteed
two (2 1/2) and a half hours of pay at his regular hourly rate of pay for each calendar day
of such standby duty.
All unit employees shall be required to maintain residency within thirty (30) minutes
driving time from the Marine Safety Headquarters in order to be eligible for standby
duty. Driving time shall be defined as driving the most direct route at the posted speed
limit.
4 Final
SECTION 3. FRINGE BENEFITS
A. Insurance
1. Health Care Plan
The City shall make available to all NBMSOA members the PERS health
insurance programs and a second health care plan. The City shall pay the health
and dental premium for each NBMSOA member, up to a maximum of $400 per
month. Effective January 2001, the City shall increase its contribution to $450
per month. After the January 2001 contribution increase, the City shall increase
its contribution in an amount equal to any contribution increase granted to Fire
Unit employees.
The City, Association and other employee groups shall jointly meet to explore the
implementation of a qualified cafeteria plan. The intent of the parties is to have a
plan available for implementation as soon as possible.
Effective July 2000, or as soon as possible thereafter, the City shall implement an
IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan
shall be the amount specified above, less the City's contribution of $16 towards
PERS Healthcare. Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurances/programs. The City and the Newport Beach Police Employees
Association will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused funds shall be payable to the employee as taxable cash back.
Employees shall be allowed to change coverages in accordance with plan rules
during regular open enrollment periods.
All City contribution increases set forth in this Section of the MOU shall apply to
the Cafeteria Plan contributions in a like manner.
2. Dental
The maximum annual benefit shall be $1,000.00.
3. Vision Care
A limited vision care plan shall be part of the City's Indemnity Insurance Plan.
4. Medical Advisory Committee
City has established a Medical/Dental Information Committee composed of one
representative from each employee group and up to three City representatives.
5 Final
The Medical/Dental 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 care issues. The purpose of
this Committee is to provide each employee group with information about health
care issues and to receive timely input from associations regarding preferred
coverage options and levels of coverage. City shall provide information to the
Committee in December, February and April of each year during the term of this
MOU.
5. Retiree Health
An employee is eligible for retiree medical benefits under this program after seven
years of service to the City of Newport Beach if the employee retires from the
City and is a PERS annuitant. This program is inclusive of an employee's right to
medical insurance coverage under the Ca1PERS medical insurance plan and the
mandatory minimum $16 per month employer contribution to said plan on behalf
of the annuitant.
a. Effective immediately, the City shall implement the $400 per month cap
for retiree medical insurance premium contributions as provided for in
previous Memoranda of Understanding between the City and the
NBMSOA. The City and active employees shall be responsible for 3/4ths
(1/2 City and 1/4 actives) of retiree medical insurance premium under this
program. Retirees shall be responsible for any remaining medical
insurance premiums. Concurrent with implementation of the Cafeteria
Plan for NBMSOA unit employees, the current $15.12 per month
employee deduction medical insurance shall be increased to $27.47 per
month. This increase shall become effective on the same date as for the
Miscellaneous Associations (July or later). Subsequent contribution levels
shall be set as needed in the month of July, per the formula described
above. Prior to increasing the deductions for the employee's contribution
share, the City shall provide NBMSOA with documentation supporting the
need for said increase at least 90 days in advance of the effective date of
the increase. Upon request, City representatives will meet and consult
with NBMSOA prior to any increases in employee deduction levels.
b. In order to accumulate funds to meet the potential unfunded liability in
retiree medical insurance premium payments as projected by the City's
actuary and in addition to the contribution in Cl above, each NBMSOA
unit employee will contribute $10 per month and the City shall contribute
$20 per employee per month into an interest bearing trust account. These
contributions will be continued until the projected liability is satisfactorily
funded (approximately 30 years), or until such time as the City and
NBMSOA mutually agree to end the funding on behalf of NBMSOA
members. Deductions from each employee's salary of the above described
6 Final
$10 per month shall begin concurrent with the implementation of the
Cafeteria Plan.
Accumulated funds from the employee and employer contributions
described above shall be held separate from the City/Es general fund.
These funds shall be kept in an interest bearing account and may only be
used to pay for unfunded retiree medical insurance premiums not covered
by the funds collected under Cl above.
In the event the retiree medical insurance program described herein is
discontinued, NBMSOA members will receive an accounting on any
remaining funds and the City will immediately meet and confer with
NBMSOA on the distribution of said funds back to active (not retired/full-
time) City employees in the NBMSOA unit.
The City will provide NBMSOA with an annual report certified by the
City Finance Director describing the balance, interest earnings, and any
expenditures of the trust account described herein.
c. The City agrees to meet and confer with NBMSOA upon request with
regards to alternative programs and/or funding methods for retiree medical
insurance premiums for NBMSOA members. This will include but not be
limited to IRS 401-A plans and/or NBMSOA sponsored variable and
universal annuity type plans for individual members.
6. Medical Opt Out
Employees will be allowed to opt out of the City's health plans (medical, dental
and vision), and if they choose to do so they shall receive $200 per month. To
qualify the employee would be required to supply evidence of alternative medical
coverage, and to sign a hold harmless agreement, releasing the City from any
responsibility as a health care provider. Upon implementation of the Cafeteria
Plan as set forth above, payments under this section shall end.
7. Disability Insurance
The City shall provide disability insurance with the following provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $5,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
7 Final
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.
8. Tuition Reimbursement
NBMSOA 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. Maximum tuition reimbursement for employees
shall be $1,000.00 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
Administrative Services Director.
SECTION 4. LEAVES
A. Flexible Leave Program
All employees hired after July 1, 1990 will be included in the Flexible Leave Program.
Peiiiianent full-time employees enrolled in the flex leave program will earn leave in
accordance with the following schedule:
Years of continuous
service
Accrual per Annual
pay period/hrs Days
1 but less than 5 5.54 18
5 but less than 9 6.15 20
9 but less than 12 6.77 22
12 but less than 16 7.69 25
16 but less than 20 8.31 27
20 but less than 25 8.92 29
25 and over 9.54 31
8 Final
Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall
accrue flex leave at the following rates:
Years of continuous
service
Accrual per Annual
pay period/hrs Days
1 but less than 5 4.92 16
5 but less than 10 5.53 18
10 but less than 15 6.46 21
15 but less than 20 7.08 23
20 and over 8.00 26
During the first six months of employment, new regular full-time employees shall not
accrue paid leave. At the completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees account.
Lifeguard Specialists shall receive a lump sum flex leave credits for the period of July
1999 through December, 1999. Lifeguard Specialists shall be immediately eligible to use
accrued leaves.
Note: If an employee becomes sick in the first six months of employment, the City will
advance up to six (6) months of potentially accrued flex leave time to be used for
illnesses only. If employee terminates employment prior to six months, the City will
subtract the pay equivalent of the number of flex leave days advanced from the
employees final check. Any flex leave time advanced during the first six months of
employment will be subtracted from the six (6) months of accrual placed in the
employees account upon completion of six months employment.
1. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to seventy
eight (78) times the members bi-weekly accrual rate. Any flex leave earned in
excess of this level will be paid on an hour for hour basis in cash 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. Members shall be eligible for flex leave spillover pay only if they have
utilized at least eighty (80) 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 spillover pay and shall not be entitled to accrue flex
leave in excess of the flex leave accrual threshold.
9 Final
2. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no case,
except for illness, may it be taken prior to the completion of an employee's initial
probationary period.
The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the seniority
and 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.
B. Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave based on
years of continuous service and the number of hours in a normal work week for
the position to which they are assigned in accordance with the following schedule:
Years of Accrual
Continuous Per 40 Hour
Service Pay Period
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of continuous
service is not permitted past December 31 st of each year with the following
exception: with approval of the Department Director, an employee may accrue
vacation days in excess of the two-year limit provided all such excess
accumulation is taken by March 31 st of the following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no case,
except for entry-level employees, may it be taken prior to the completion of an
employee's initial probationary period. Entry level employees may use vacation
after the completion of the initial six (6) months of probation. The Department
Director shall schedule and approve all vacation leaves for employees taking into
10 Final
consideration the needs of the Department, and whenever possible, the seniority
and wishes of the employee. Vacation leave may be granted on an hourly basis.
C. Use of Flexible and Vacation Leave
Level A staffing shall run from June 15th through Labor Day. During this period of time,
full-time personnel may be limited to a total of forty (40) hours usage of vacation/flex
leave. Additional vacation/flex leave during this period may be approved if in the
opinion of management adequate staffing levels can be maintained.
The Department shall develop a policy defining when approved vacation/flex leave times
shall not be subject to cancellation.
D. Holiday Leave
Subject to the provisions herein, the following days shall be observed as paid holidays by
all employees in permanent positions and other personnel whose work assignments, in the
judgment of the Department Director require their presence on the job. For each
designated holiday, except the Floating Holidays, such personnel shall receive an
equivalent number of hours of paid leave or equivalent pay whichever in the judgment of
the Department Director best serves the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st Monday in Sept.
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
For employees birthday or other holiday.
Eligibility and use according to Memoranda
of Understanding.
1. Holiday pay will be paid only to employees who work their scheduled day before
and scheduled day after a holiday or are on authorized leave (e.g., approved
vacation, sick leave, or flex leave that has been reviewed and approved by the
Department Director).
2. Employees will be eligible to receive holiday pay only after they have been in
active paid status for 30 consecutive days.
11 Final
3. Newly hired employees will be eligible to receive full pay for scheduled holidays,
without a waiting period.
4. "Floating Holiday" eligibility allows for newly hired employees to earn their first
floating holiday credit, eight (8) hours, at the same time as they receive their
regular appointment status, upon the successful completion of their probationary
period.
E. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number of hours
in a normal work week for the position to which they are assigned in accordance
with the following schedules:
Normal Work Week
40 hours
0 - 1 year
1-2 years
2-3 years
3-4 years
4+ years
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required to
maintain the same number of hours as required of other permanent employees.
Employees accruing sick leave hours under the above formula and enrolled in the
City's Disability Program will be eligible for City -paid Disability Insurance
premiums as follows: 50% at 88 hours, 100% at 208 hours.
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued. Except as
noted, an employee serving his/her initial probation period is eligible to
use his/her accumulated sick leave provided that if for any reason his/her
City employment is terminated prior to the completion of such
probationary period, his/her final paycheck shall be reduced by the value
of the sick leave he/she has taken. After completion of the initial six (6)
months probation period, entry-level employees shall not have used sick
leave deducted from their final paycheck if they have maintained a
satisfactory or higher performance evaluation rating throughout the
probationary period.
12 Final
Sick leave may be granted on an hourly basis.
b. Approval
Sick leave may be granted only at the direction of or with the approval of
the Department Director and only for the purposes defined in Section
703.1 of the Personnel Rules.
F. Family Sick Leave
Employees are authorized to use up to 48 hours of sick leave accrual per calendar year for
an illness of a dependent which requires the presence of employee.
For purposes of family sick leave, family member shall mean spouse, parent, (parent shall
mean biological, foster, or adoptive children, a stepchild, a legal ward, or a child of a
person standing in local parentis).
G. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of sick leave equal
to or greater than the full value of 40 months of accrued sick leave, and who have used
six or less days of sick leave during the calendar year will be permitted (only once per
year) to convert up to six days of sick leave to either salary or paid vacation at the value
of 50% (Maximum value of 3 days per year). Eligible sick leave days converted to cash
shall be at the employee's option. Eligible sick leave days converted to paid vacation
shall require the approval of the Department Director.
H. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected employees are as
follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her immediate
family. For the purposes of this section, immediate family shall mean father, mother,
brother, sister, wife, husband, child, father-in-law, mother-in-law and grandparents.
Maximum Allowed. Such leave shall be limited to five (5) working days per calendar
year per occurrence.
Probationary Employees. An employee serving his/her initial probationary period who
takes leave under this section who for any reason terminates his/her employment prior to
the completion of such probationary period shall have his/her final paycheck reduced by
the value of the leave taken.
13 Final
I. Leave Pay -Off
For the term of the agreement, NBMSOA members shall receive payment for any accrued
leave upon termination at the rate of 109% of their base hourly rate.
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
Classification or Series calculated from the date on which the employee
was first granted permanent status in their current Classification or any
Classification within the Series, subject to the following:
(i)
Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification
or Series;
(ii) Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of absence.
c. "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities
14 Final
for subordinates. The City Manager shall determine those Classifications
which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less senior
employee in a lower Classification within the Series. No employee shall
have the right to Bump into a Classification for which the employee does
not possess the minimum qualifications such as specialized education,
training or experience.
2. Procedures.
In the event the City Manager determines to reduce the number of employees
within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of
seniority.
c. An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a
Series, provided, however, that the determination of the employee to be
terminated from the position of Lifeguard shall be based on seniority
within the Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of layoff
of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are subject
to layoff and have the same seniority, the employees shall be laid off in
inverse order of their position on the eligibility list or lists from which
they were appointed. In the event at least one of the employees was not
appointed from an eligibility list, the Department Director shall determine
the employee(s) to be laid off.
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), and
accumulated sick leave to the extent permitted by the Personnel Resolution.
15 Final
4. Re -Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. The re-employment list
shall remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee occupied
at the time of layoff, or a lower ranking Classification within a Series, the
employee at the top of the Department re-employment list shall have the right to
appointment to the position, provided, he or she reports to work within seven (7)
days of written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail, certified,
return receipt requested, and addressed to the employee at his or her 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 Manager.
5. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay-off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
B. Health and Fitness Evaluations
All NBMSOA members shall participate in the Department Fitness Program as outlined
in SOP 7.D.600, Health and Fitness Evaluations.
C. Provision for Sun Protection
1. The CITY will provide for one pair of sunglasses per year for each unit employee.
The cost allowance will be determined through reference to the cost of a base line
pair.
2. The CITY agrees to provide an additional $100.00 per year in sun protection
materials for all unit employees.
D. Drug Testing
The CITY may drug test NBMSOA members on a random and mandatory basis only if
requested by the NBMSOA and authorized by the City Council. NBMSOA also agrees
to participate in an ad hoc committee to prepare a " for cause" drug testing policy.
E. Discipline
Any discipline shall be in accordance with Department SOP 7.C.300.
16 Final
F. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBMSOA, the City will provide up to
$3,000.00 per year towards the purchase of fitness equipment to be used off duty for the
intended benefit of NBMSOA for the term of this agreement. The actual equipment to be
purchased shall be recommended by NBMSOA, and shall require the final approval of
the Fire Chief. Unit employees shall be allowed up to three (3) hours per week for
physical fitness training.
G. Income Reporting Procedure
The City will work with NBMSOA to develop a periodic routine report which will
summarize all annual accounts including, but not necessarily limited to; deductions, leave
balances, savings balances, and compensation reported to PERS.
H. Uniform Allowance
The City to pay the entire cost of providing MSOA members with each component of the
required MSOA uniforms. The required MSOA uniform includes safety shoes, badges
and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing employee with socks,
underwear, cap or workout shoes, or other clothing.
J. Retirement
The NBMSOA may reopen negotiations on the City's retirement program to meet and
confer regarding the 3% at 50 or 3% at 55 PERS formula concurrent with the joint safety
unit meetings on retirement. Any agreed upon changes in retirement shall be on a cost
neutral basis to the City, unless otherwise agreed by the parties.
K. Lifeguard Specialists Schedule
Lifeguard Specialists shall continue to work a 4-10 schedule; unless the schedule is
modified through standard departmental procedures.
L. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and conditions of
employment may be changed or amended after meeting and conferring, in good faith.
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
17 Final
effect; provided, however, that should the provisions of this MOU relating to pay
schedule adjustment increases be declared invalid, CITY agrees to provide alternate
benefits agreeable to NBMSOA, to EMPLOYEES to receive the same amount of money
as they would have received had such provision not been declared invalid.
Executed this 2/ , day of �ra ry .e., , 2000:
NEWPORT BEACH MARINERISAFETY OFFICERS ASSOCIATION
BY:%2�.%l G
BY:
BY:
ATTEST: //
BY: OraU87n2J .Waif& 11
CITY OF WPORT BEACH
John 4 o , "s, May'
Vonne Harkless, City Clerk
APP • VED AS TO FORM:
ert H. Burnham, City Attorney
18 Final
•
•
•
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into with
reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as
"CITY") and authorized representatives of the NEWPORT BEACH MARINE SAFETY
OFFICERS ASSOCIATION (hereinafter referred to as "NBMSOA") a recognized
employee organization, met and conferred, exchanging various proposals concerning
wages, hours, fringe benefits and other terms and conditions of employment of employees
represented by NBMSOA (hereinafter referred to as "EMPLOYEES") for the period of
January 1, 1998 through June 30, 1999.
2. NBMSOA representatives have reached an agreement as to wages, hours and other terms
and conditions of employment to apply to all affected EMPLOYEES for the time period
defined above. Said EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City Council of the City of
Newport Beach for approval.
3. The classification of Lifeguard IV has been added to this bargaining unit. Lifeguard IV
classifications are covered by all sections of this Memorandum of Understanding except the
following: Section 2.A.5, Section 3 (All), Section 4 (All).
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective January 1,
1998, subject to approval by the City Council of the City of Newport Beach, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning January 1, 1998
through June 30, 1999, and, thereafter from year-to-year, unless within the time frame and
in the manner designated in Section 13, Timetable for Submission of Requests of the
Employer -Employee Relations Resolution, either party serves written notice upon the other
of its desire to make changes in this MOU.
B. Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions agreed upon by the
parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither
party shall be compelled, and each party expressly waives its rights to meet and confer with
the other, concerning any issues within the scope of representation, whether or not
specifically met and conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has 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.
t
SECTION 2. COMPENSATION
A. Pay for Time Worked
1. Salaries and Wages
Effective January 3, 1998, the CITY and NBMSOA agree that the salaries for each
classification will be set forth in the salary schedule set forth below. In addition,
unit classifications shall also have base pay increased by a percentage equivalent to
that granted Fire Unit employees during the term of this agreement. The salary
table below includes retitling of the former Marine Safety Officer classification to
Marine Safety Supervisor.
The salary further includes a change in the differential for the Marine Safety
Lieutenant from 15% to 25% above Marine Safety Supervisor. This differential
becomes effective April 25, 1998. In addition, Marine Safety Lieutenant shall
receive a one time payment equal to 10% of base pay and paid overtime for the
period from July 1, 1997 through April 24, 1998 . This payment shall be made in a
lump sum, by separate check.
Marine Safety
Lieutenant
$4146
$4353
$4571
$4800
$5040
$5292
$5557
$5835
Lifeguard IV
$2823
$2964
$3112
Marine Safety
Supv Dive Boat
$3484
$3658
$3841
$4033
$4235
$4447
$4669
$4902
Marine Safety
Supervisor w/EMT
$3317
$3483
$3657
$3840
$4032
$4234
$4446
$4668
Marine Safety
Supervisor Boat
$3400
$3570
$3749
$3936
$4133
$4340
$4557
$4785
Marine Safety
Lieutenant Dive
$4251
$4464
$4687
$4921
$5167
$5425
$5696
$5981
2
Marine Safety Supv
Training Coordinator
$3317
$3483
$3657
$3840
$4032
$4234
$4446
$4668
Marine Safety
Supervisor Dive
$3400
$3570
$3749
$3936
$4133
$4340
$4557
$4785
•
•
•
•
•
•
2. Overtime
Unit employees shall receive overtime compensation for all hours worked in excess
of forty (40) in any work period. Paid time off shall be considered time worked for
the purposes of calculating overtime.
Unit employees shall have the option of requesting compensatory
time off for all overtime, including training time, during the term of
this agreement. All compensatory time off shall be subject to
existing City rules providing for maximum CTO accrual of eighty
(80) hours at time and one half on the books or 120 actual hours.
3. Educational Incentive Pay
Educational incentive pay shall be compensated in the following manner:
Years of
Service
Total College
Semester Units
Compensation
Per Month
2 30 $ 30.00
3 30 30.00
3 60 60.00
3 90 90.00
4 30 30.00
4 60 60.00
4 90 90.00
4 120 120.00
4. Court Standby Pay
NBMSOA 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.
NBMSOA 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.
5. Call Out
Call out compensation shall be in accordance with the following provisions:
a. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
b. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
3
emergency call out.
6. Night Standby
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours shall
be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate of pay
for each calendar day of such standby duty.
All unit employees shall be required to maintain residency within thirty (30)
minutes driving time from the Marine Safety Headquarters in order to be eligible
for standby duty. Driving time shall be defined as driving the most direct route at
the posted speed limit.
SECTION 3. FRINGE BENEFITS
A. Insurance
1. Health Care Plan
The City shall make available to all NBMSOA members the PERS health insurance
programs and a second health care plan. The City shall pay the health and dental
premium for each NBMSOA member, up to a maximum of $400 per month.
2. Dental
The maximum annual benefit shall be $1,000.00.
3. Vision Care
A limited vision care plan shall be part of the City's Indemnity Insurance Plan.
4. Medical Advisory Committee
City has established a Medical/Dental Information Committee composed of one
representative from each employee group and up to three City representatives. The
Medical/Dental 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 care issues. The purpose of this
Committee is to provide each employee group with information about health care
issues and to receive timely input from associations regarding preferred coverage
options and levels of coverage. City shall provide information to the Committee in
December, February and April of each year during the term of this MOU.
5. Retiree Health
The contribution to retiree medical insurance shall be capped at $400 per month
contribution with the City contributing a maximum of $267 per month and active
employees contributing a maximum of $133 per month. The City and Association
agree to participate in a City-wide committee to review further issues involving
retiree medical insurance.
4
•
•
•
6. Medical Opt Out
Employees will be allowed to opt out of the City's health plans (medical, dental and
vision), and if they choose to do so they shall receive $200 per month. To qualify
the employee would be required to supply evidence of alternative medical coverage,
and to sign a hold harmless agreement, releasing the City from any responsibility as
a health care provider.
7. Long/Short Term Disability Insurance (LTD/STD)
The ceiling shall be $7,500/month for non -industrial disability claims. The
maximum benefit will be up to $5,000 per month. Disabilities resulting from
industrial injuries will be maintained at the current limit of $2,625 per month with a
maximum benefit of $1,750 per month. When an employee having five years of
continuous service, but less than ten with the CITY is on an approved disability
leave of absence (up to a maximum of one-year), the CITY will pay one-third of the
cost of the employee's insurance premiums (health, dental, life and disability); for
an employee with ten years of continuous service, but less than fifteen, the CITY
will pay two-thirds of the cost; the CITY will pay the entire cost for an employee
with fifteen or more years of continuous service.
8. Tuition Reimbursement
NBMSOA 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. Maximum tuition reimbursement for employees
shall be $1,000.00 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
Administrative Services Director.
SECTION 4. LEAVES
A. Flexible Leave Program
All employees hired after July 1, 1990 will be included in the Flexible Leave Program.
Permanent full-time employees enrolled in the flex leave program will earn leave in
accordance with the following schedule:
Years of continuous
service
Accrual per Annual
pay period/hrs Days
1 but less than 5 5.54 18
5 but less than 9 6.15 20
9 but less than 12 6.77 22
12 but less than 16 7.69 25
16 but less than 20 8.31 27
20 but less than 25 8.92 29
25 and over 9.54 31
5
Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall
accrue flex leave at the following rates:
Years of continuous Accrual per Annual
service pav period/hrs Days
1 but less than 5 4.92 16
5 but less than 10 5.53 18
10 but less than 15 6.46 21
15 but less than 20 7.08 23
20 and over 8.00 26
During the first six months of employment, new regular full-time employees shall not
accrue paid leave. At the completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees account.
Note: If an employee becomes sick in the first six months of employment, the City will
advance up to six (6) months of potentially accrued flex leave time to be used for illnesses
only. If employee terminates employment prior to six months, the City will subtract the
pay equivalent of the number of flex leave days advanced from the employees final check.
Any flex leave time advanced during the first six months of' employment will be subtracted
from the six (6) months of accrual placed in the employees account upon completion of six
months employment.
1. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to seventy eight
(78) times the members bi-weekly accrual rate. Any flex leave earned in excess of
this level will be paid on an hour for hour basis in cash 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. Effective January 1, 1997 members shall be eligible for flex leave spillover
pay only if they have utilized at least eighty (80) hours of flex leave (forty (40)
hours for calendar year 1996 only) 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 spillover pay and shall not be entitled to accrue flex leave in
excess of the flex leave accrual threshold.
2. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no case, except
for illness, may it be taken prior to the completion of an employee's initial
probationary period.
The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the seniority and
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.
6
•
•
•
• B. Vacation
1. Basis for Accrual/Full-Time Employees
•
•
Employees entitled to vacation leave -with -pay shall accrue such leave based on
years of continuous service and the number of hours in a normal work week for the
position to which they are assigned in accordance with the following schedule:
Years of Accrual
Continuous Per 40 Hour
Service Pay Period
0 but less than 5 3.69
5 but Less than 9 4.30
9 but less than 12 4.92
12 but less than 16 5.53
16 but less than 20 6.15
20 but less than 25 6.77
25 and over 7.38
Effective the first payroll period in July, 1997, the vacation accrual schedule will be
modified as follows:
Years of Hours in
Continuous Normal Work Week
Service 40
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of continuous
service is not permitted past December 31st of each year with the following
exception: with approval of the Department Director, an employee may accrue
vacation days in excess of the two-year limit provided all such excess accumulation
is taken by March 31st of the following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no case, except
for entry-level employees, may it be taken prior to the completion of an employee's
initial probationary period. Entry level employees may use vacation after the
completion of the initial six (6) months of probation. The Department Director shall
schedule and approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and wishes of the
7
employee. Vacation leave may be granted on an hourly basis
C. HolidayLeave
Subject to the provisions herein, the following days shall be observed as paid holidays by
all employees in permanent positions and other personnel whose work assignments, in the
judgment of the Department Director require their presence on the job. For each designated
holiday, except the Floating Holidays, such excepted personnel shall receive an equivalent
number of hours of paid leave or equivalent pay whichever in the judgment of the
Department Director best serves the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Floating Holiday (2 (I )
July 4
1st Monday in Sept.
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
For employees birthday or other holiday.
Eligibility and use according to Memoranda
of Understanding.
1. Holiday pay will be paid only to employees who work their scheduled day before
and scheduled day after a holiday or are on authorized leave (e.g., approved
vacation, et sick leave, or flex leave that has been reviewed and approved by the
Department Director).
2. Employees will be eligible to receive holiday pay only after they have been in active
paid status for 30 consecutive days.
3. Newly hired employees will be eligible to receive full pay for scheduled holidays,
without a waiting period.
4. "Floating Holiday" eligibility allows for newly hired employees to earn their first
floating holiday credit, eight (8) hours, at the same time as they receive their
regular appointment status, which allows the successful completion of their
probationary period.
D. Sick Leave
1 . Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number of hours
in a normal work week for the position to which they are assigned in accordance
with the following schedules:
•
•
•
•
•
•
Normal Work Week
40 hours
0 - 1 year
1-2 years
2-3 years
3-4 years
4+ years
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required to
maintain the same number of hours as required of other permanent employees.
Employees accruing sick leave hours under the above formula and enrolled in the
City's Disability Program will be eligible for City -paid Disability Insurance
premiums as follows: 50% at 88 hours, 100% at 208 hours.
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued. Except as
noted, an employee serving his/her initial probation period is eligible to use
his/her accumulated sick leave provided that if for any reason his/her City
employment is terminated prior to the completion of such probationary
period, his/her final paycheck shall be reduced by the value of the sick leave
he/she has taken. After completion of the initial six (6) months probation
period, entry-level employees shall not have used sick leave deducted from
their final paycheck if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis.
b. Approval
Sick leave may be granted only at the direction of or with the approval of the
Department Director and only for the purposes defined in Section 703.1 of
the Personnel Rules.
E. Family Sick Leave
Employees are authorized to use five (5) eight (8) hour days of accrued sick leave per
calendar year for an illness of a dependent which requires the presence of employee.
The eligibility definition for family sick leave shall be defined as an immediate family
member or a person for whom you are the primary contributor to their support according to
IRS specifications.
F. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of sick leave equal to
or greater than the full value of 40 months of accrued sick leave, and who have used six or
less days of sick leave during the calendar year will be permitted (only once per year) to
convert up to six days of sick leave to either salary or paid vacation at the value of 50%
9
(Maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at
the employee's option. Eligible sick leave days converted to paid vacation shall require the
approval of the Department Director.
G. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected employees are as
follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her immediate family.
For the purposes of this section, immediate family shall mean father, mother, brother,
sister, wife, husband, child, father-in-law, mother-in-law and grandparents.
Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year
per occurrence.
Probationary Employees. An employee serving his/her initial probationary period who
takes leave under this section who for any reason terminates his/her employment prior to
the completion of such probationary period shall have his/her final paycheck reduced by the
value of the leave taken.
H. Leave Pay -Off
For the term of the agreement, NBMSOA members shall receive payment for any accrued
leave upon termination at the rate of 109% of their base hourly rate.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Lavoffs.
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 Classification
or Series calculated from the date on which the employee was first granted
permanent status in their current Classification or any Classification within
the Series, subject to the following:
(i) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification or
10
•
•
•
•
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.
c. "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part—time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department which
require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities for
subordinates. The City Manager shall determine those Classifications
which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less senior
employee in a lower Classification within the Series. No employee shall
have the right to Bump into a Classification for which the employee does
not possess the minimum qualifications such as specialized education,
training or experience.
2. Procedures.
In the event the City Manager determines to reduce the number of employees within
a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of
seniority;
c. An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a
Series, provided, however, that the determination of the employee to be
terminated from the position of Marine Safety Officer shall be based on
seniority within the Series. An employee who has Bumping Rights shall
notify the Department Director within seven (7) working days after notice of
layoff of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are subject to
layoff and have the same seniority, the employees shall be laid off in inverse
order of their position on the eligibility list or lists from which they were
appointed. In the event at least one of the employees was not appointed
from an eligibility list, the Department Director shall determine the
employee(s) to be laid off.
11
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), and
accumulated sick leave to the extent permitted by the Personnel Resolution.
4. Re —Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The re—employment list
shall remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee occupied at
the time of layoff, or a lower ranking Classification within a Series, the employee
at the top of the Department re—employment list shall have the right to appointment
to the position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when personally
delivered to the employee or deposited in the U.S. Mail, certified, return receipt
requested, and addressed to the employee at his or her 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 Manager.
5. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay—off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
B. Health and Fitness Evaluations
Per Departmental SOP 105.20.
C. Provision for Sun Protection
1. The CITY will provide for one pair of sunglasses per year for each unit employee.
The cost allowance will be determined through reference to the cost of a base line
pair.
2. The CITY agrees to provide an additional $100.00 per year in sun protection
materials for all unit employees.
D. Drug Testing
The CITY may drug test NBMSOA members on a random and mandatory basis only if
requested by the NBMSOA and authorized by the City Council. NBMSOA also agrees to
participate in an ad hoc committee to prepare a "for cause" drug testing policy.
E. Discipline
Any discipline shall be in accordance with Department SOP 500.80.
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•
s
•
• •
•
F. Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBMSOA, the City will provide up to
$3,000.00 per year towards the purchase of fitness equipment to be used off duty for the
intended benefit of NBMSOA for the term of this agreement. The actual equipment to be
purchased shall be recommended by NBMSOA, and shall require the final approval of the
Fire and Marine Department Director. Unit employees shall be allowed up to three (3)
hours per week for physical fitness training.
G. Income Reporting Procedure
The City will work with NBMSOA to develop a periodic routine report which will
summarize all annual accounts including, but not necessarily limited to; deductions, leave
balances, savings balances, and compensation reported to PERS.
H. Uniform Allowance
The City to pay the entire cost of providing MSOA members with each component of the
required MSOA uniforms. The required MSOA uniform includes safety shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing employee with socks,
underwear, cap or workout shoes, or other clothing.
I. Marine Training Coordinator
The Marine Training Coordinator was reclassified to Marine Safety Supervisor; effective
February 1, 1996.
J. Reopeners
The City and Association agree during the term of this agreement to reopen negotiations on
the following topics upon the request of either or both parties.
I. Long Term Disability Insurance
2. Insurance, if significant changes to insurance plans are made with other employee
groups (Cafeteria Plan implementation, etc.).
3. Revised Personnel Rules and Regulations
4. Lifeguard IV classification benefits if these positions are not made full-time through
the budget process for the period commencing July 1, 1998.
K. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and conditions of
employment may be changed or amended after meeting and conferring, in good faith.
L. 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;
provided, however, that should the provisions of this MOU relating to pay schedule
13
adjustment increases be declared invalid, CITY agrees to provide alternate benefits
agreeable to NBMSOA, to EMPLOYEES to receive the same amount of money as they
would have received had such provision not been declared invalid.
Executed this 7' , day ofiothr^ , 1998:
NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
BY:
BY
BY:
ThEdwar s, Mayor
ATTEST:
BY: I L`71, n / 14L `
,L -1. '7
Vonne Harkless, City Clerk
APP • VED AS TO FORM:
74
rrt H. Burnham, City Attorney
14
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into with
reference to the following:
PREAMBLE
1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as
"CITY") and authorized representatives of the NEWPORT BEACH MARINE SAFETY
OFFICERS ASSOCIATION (hereinafter referred to as "NBMSOA") a recognized
employee organization, met and conferred, exchanging various proposals concerning
wages, hours, fringe benefits and other terms and conditions of employment of employees
represented by NBMSOA (hereinafter referred to as "EMPLOYEES") for the period of
January 1, 1996 through December 31, 1997.
2. NBMSOA representatives have reached an agreement as to wages, hours and other terms
and conditions of employment to apply to all affected EMPLOYEES for the time period
defined above. Said EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City Council of the City of
Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective January 1,
1996, subject to approval by the City Council of the City of Newport Beach, as follows:
SECTION 1. GENERAL PROVISIONS
A. Duration of Memorandum
The terms of this MOU are to remain in full force and effect beginning January 1, 1996
through December 31, 1997, and, thereafter from year-to-year, unless within the time
frame and in the manner designated in Section 13, Timetable for Submission of Requests
of the Employer -Employee Relations Resolution, either party serves written notice upon
the other of its desire to make changes in this MOU.
B . Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions agreed upon by the
parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither
party shall be compelled, and each party expressly waives its rights to meet and confer with
the other, concerning any issues within the scope of representation, whether or not
specifically met and conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has 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.
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SECTION 2. COMPENSATION
A. Pay for Time Worked
1. Salaries and Wages
Effective July 1, 1996, the CITY and NBMSOA agree that the salaries for each
classification will be set forth in the salary schedule attached hereto as Appendix
"A". In addition, unit classifications shall also have base pay increased by a
percentage equivalent to that granted Fire Unit employees during the term of this
agreement.
2. Retirement Pick -Up
Effective July 1, 1996, the City shall pay the July 1st, 1996 increase in the
employer retirement rate for all NBMSOA members without any corresponding
reduction in salary for any NBMSOA member.
3. Salary Steps
Effective July 1, 1996, two additional steps (designated 1 and 2 with existing salary
steps redesignated 3 through 8) shall be added to the compensation schedule for
each classification represented by NBMSOA. The first salary step (1) shall specify
a salary for the classification that is ten percent (10%) lower than the current first
step in the salary range. The second additional step shall be 5% lower than the first
step in the current salary range. All step advancements shall occur at 12 month
intervals. All other existing salary step advancement rules shall apply.
4. Overtime
Unit employees shall receive overtime compensation for all hours worked in excess
of forty (40) in any work period. Paid time off shall be considered time worked for
the purposes of calculating overtime.
5. Educational Incentive Pay
Educational incentive pay shall be compensated in the following manner:
Years of Total College Compensation
Service Semester Units Per Month
2 30 $ 30.00
3 30 30.00
3 60 60.00
3 90 90.00
4 30 30.00
4 60 60.00
4 90 90.00
4 120 120.00
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6. Salary Study
The City agrees to engage an independent consultant to conduct a job audit on
Marine Safety classifications. Particular emphasis will be given on comparing
responsibilities and appropriate compensation relative to equivalent Firefighter
classifications. The audit shall be completed by February 3, 1997 with a copy to the
Association. Parties agree to reopen negotiations in January 1997 to meet and
confer on appropriate salary levels for unit classifications.
7. Court Standby Pay
NBMSOA 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.
NBMSOA 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.
8. Call Out
Call out compensation shall be in accordance with the following provisions:
a. All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
b. For forty (40) hour employees, a minimum of two (2) hours (including
travel time) of pay at the rate of one and one half (1 1/2) times the
employee's regular hourly rate of pay shall be guaranteed for each
emergency call out.
9. Night Standby
An employee assigned to standby duty for purposes of being on call to handle
emergency situations arising at times other than during normal working hours shall
be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate of pay
for each calendar day of such standby duty.
Effective immediately, all unit employees shall be required to maintain residency
within thirty (30) minutes driving time from the Marine Safety Headquarters in
order to be eligible for standby duty. Driving time shall be defined as driving the
most direct route at the posted speed limit.
SECTION 3. FRINGE BENEFITS
A. Insurance
1. Health Care Plan
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The City shall make available to all NBMSOA members the PERS health insurance
programs and a second health care plan. The City shall pay the health and dental
premium for each NBMSOA member, up to a maximum of $400 per month.
2. Dental
The maximum annual benefit shall be $1,000.00.
3. Vision Care
A limited vision care plan shall be part of the City's Indemnity Insurance Plan.
4. Medical Advisory Committee
City has established a Medical/Dental Information Committee composed of one
representative from each employee group and up to three City representatives. The
Medical/Dental 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 care issues. The purpose of this
Committee is to provide each employee group with information about health care
issues and to receive timely input from associations regarding preferred coverage
options and levels of coverage. City shall provide information to the Committee in
December, February and April of each year during the term of this MOU.
5. Retiree Health
The contribution to retiree medical insurance shall be capped at $400 per month
contribution with the City contributing a maximum of $267 per month and active
employees contributing a maximum of $133 per month. The City and Association
agree to participate in a City-wide committee to review further issues involving
retiree medical insurance.
6. Medical Opt Out
Employees will be allowed to opt out of the City's health plans (medical, dental and
vision), and if they choose to do so they shall receive $200 per month. To qualify
the employee would be required to supply evidence of alternative medical coverage,
and to sign a hold harmless agreement, releasing the City from any responsibility as
a health care provider.
7. Long/Short Term Disability Insurance (LTD/STD)
The ceiling shall be $7,500/month for non -industrial disability claims. The
maximum benefit will be up to $5,000 per month. Disabilities resulting from
industrial injuries will be maintained at the current limit of $2,625 per month with a
maximum benefit of $1,750 per month. When an employee having five years of
continuous service, but less than ten with the CITY is on an approved disability
leave of absence (up to a maximum of one-year), the CITY will pay one-third of the
cost of the employee's insurance premiums (health, dental, life and disability); for
an employee with ten years of continuous service, but less than fifteen, the CITY
will pay two-thirds of the cost; the CITY will pay the entire cost for an employee
4
with fifteen or more years of continuous service.
8. Tuition Reimbursement
NBMSOA 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. Maximum tuition reimbursement for employees
shall be $1,000.00 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
Administrative Services Director.
SECTION 4. LEAVES
A. Flexible Leave Program
All employees hired after July 1, 1990 will be included in the Flexible Leave Program.
Permanent full-time employees enrolled in the flex leave program will earn leave to the
following schedule:
Years of continuous Accrual per Annual
service pay period/hrs Days
1 but less than 5 5.85 19
5 but less than 9 6.46 21
9 but less than 12 7.08 23
12 but less than 16 8.00 26
16 but less than 20 8.62 28
20 but less than 25 9.23 30
25 and over 9.85 32
Effective the first payroll period in July, 1997, these accrual rates shall be adjusted as
follows:
Years of continuous
service
Accrual per Annual
pay period/hrs Days
1 but less than 5 5.54 18
5 but less than 9 6.15 20
9 but less than 12 6.77 22
12 but less than 16 7.69 25
16 but less than 20 . 8.31 27
20 but less than 25 8.92 29
25 and over 9.54 31
Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall
accrue flex leave at the following rates:
Years of continuous
Accrual per
5
Annual
service
pay period/hrs Days
1 but less than 5 4.92 16
5 but less than 10 5.53 18
10 but less than 15 6.46 21
15 but less than 20 7.08 23
20 and over 8.00 26
During the first six months of employment, new permanent full-time employees shall not
accrue paid leave. At the completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees account.
Note: If an employee becomes sick in the first six months of employment, the City will
advance up to six (6) months of potentially accrued flex leave time to be used for illnesses
only. If employee terminates employment prior to six months, the City will subtract the
pay equivalent of the number of flex leave days advanced from the employees final check.
Any flex leave time advanced during the first six months of employment will be subtracted
from the six (6) months of accrual placed in the employees account upon completion of six
months employment.
1. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal to seventy eight
(78) times the members bi-weekly accrual rate. Any flex leave earned in excess of
this level will be paid on an hour for hour basis in cash 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. Effective January 1, 1997, members shall be eligible for flex leave spillover
pay only if they have utilized at least eighty (80) hours of flex leave (forty (40)
hours for calendar year 1996 only) 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 spillover pay and shall not be entitled to accrue flex leave in
excess of the flex leave accrual threshold.
2. Method of Use
Flex leave may not be taken in excess of that actually accrued and in no case, except
for illness, may it be taken prior to the completion of an employee's initial
probationary period.
The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the seniority and
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.
6
B . Vacation
1. Basis for Accrual/Full-Time Employees
Employees entitled to vacation leave -with -pay shall accrue such leave based on
years of continuous service and the number of hours in a normal work week for the
position to which they are assigned in accordance with the following schedule:
Years of Accrual
Continuous Per 40 Hour
Service Pay Period
0 but less than 5 3.69
5 but less than 9 4.30
9 but less than 12 4.92
12 but less than 16 5.53
16 but less than 20 6.15
20 but less than 25 6.77
25 and over 7.38
Effective the first payroll period in July, 1997, the vacation accrual schedule will be
modified as follows:
Years of Hours in
Continuous Normal Work Week
Service 40
0 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
2. Limit on Accumulation
3.38
3.99
4.61
5.22
5.84
6.46
7.07
Accrual of vacation days in excess of those earned for two years of continuous
service is not permitted past December 31st of each year with the following
exception: with approval of the Department Director, an employee may accrue
vacation days in excess of the two-year limit provided all such excess accumulation
is taken by March 31 st of the following year.
3. Method of Use
Vacation may not be taken in excess of that actually accrued and in no case, except
for entry-level employees, may it be taken prior to the completion of an employee's
initial probationary period. Entry level employees may use vacation after the
completion of the initial six (6) months of probation. The Department Director shall
schedule and approve all vacation leaves for employees taking into consideration the
needs of the Department, and whenever possible, the seniority and wishes of the
employee. Vacation leave may be granted on an hourly basis.
7
C. Holiday Leave
Subject to the provisions herein, the following days shall be observed as paid holidays by
all employees in permanent positions and other personnel whose work assignments, in the
judgment of the Department Director require their presence on the job. For each designated
holiday, except the Floating Holidays, such excepted personnel shall receive an equivalent
number of hours of paid leave or equivalent pay whichever in the judgment of the
Department Director best serves the interest of the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Floating Holiday (2)
July 4
1st Monday in Sept.
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
For employees birthday or other holiday.
Eligibility and use according to Memoranda
of Understanding.
Effective July (1st payroll period), 1996, one floating holiday shall be eliminated (leaving
one floating holiday).
Holiday pay will be paid only to employees who work their scheduled day before
and scheduled day after a holiday or are on authorized leave (e.g., approved
vacation or sick leave that has been reviewed and approved by the Department
Director).
2. Employees will be eligible to receive holiday pay only after they have been in active
paid status for 30 consecutive days.
3. Newly hired employees will be eligible to receive full pay for scheduled holidays,
without a waiting period.
4. "Floating Holiday" eligibility allows for newly hired employees to earn their first
floating holiday credit, eight (8) hours, at the same time as they receive their
regular appointment status, which allows the successful completion of their
probationary period.
D. Sick Leave
1. Basis for Accrual/Full-time Employees
Full-time, regular employees shall accrue sick leave based on the number of hours
in a normal work week for the position to which they are assigned in accordance
with the following schedules:
8
0 - 1 year
1-2 years
2-3 years
3-4 years
4+ years
Normal Work Week
40 hours
4 hours per month
5 hours per month
6 hours per month
7 hours per month
8 hours per month
After the 3rd year level, and the 5th year level, employees will be required to
maintain the same number of hours as required of other permanent employees.
Employees accruing sick leave hours under the above formula and enrolled in the
City's Disability Program will be eligible for City -paid Disability Insurance
premiums as follows: 50% at 88 hours, 100% at 208 hours.
2. Method of Use
a. General
Sick leave may not be taken in excess of that actually accrued. Except as
noted, an employee serving his/her initial probation period is eligible to use
his/her accumulated sick leave provided that if for any reason his/her City
employment is terminated prior to the completion of such probationary
period, his/her final paycheck shall be reduced by the value of the sick leave
he/she has taken. After completion of the initial six (6) months probation
period, entry-level employees shall not have used sick leave deducted from
their final paycheck if they have maintained a satisfactory or higher
performance evaluation rating throughout the probationary period.
Sick leave may be granted on an hourly basis.
b . Approval
Sick leave may be granted only at the direction of or with the approval of the
Department Director and only for the purposes defined in Section 703.1 of
the Personnel Rules.
E. Family Sick Leave
Employees are authorized to use five (5) eight (8) hour days of accrued sick leave per
calendar year for an illness of a dependent which requires the presence of employee.
The eligibility definition for family sick leave shall be defined as an immediate family
member or a person for whom you are the primary contributor to their support according to
IRS specifications.
F . Sick Leave Conversion
Employees who at the end of the calendar year have an accrued level of sick leave equal to
or greater than the full value of 40 months of accrued sick leave, and who have used six or
less days of sick leave during the calendar year will be permitted (only once per year) to
9
convert up to six days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at
the employee's option. Eligible sick leave days converted to paid vacation shall require the
approval of the Department Director.
G. Bereavement Leave
The provisions of the Bereavement Leave Policy applicable to affected employees are as
follows:
Defined. The necessary absence from duty by an employee having a regular or
probationary appointment, because of death or terminal illness in his/her immediate family.
For the purposes of this section, immediate family shall mean father, mother, brother,
sister, wife, husband,
child, father-in-law and mother-in-law.
Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year.
Probationary Employees. An employee serving his/her initial probationary period who
takes leave under this section who for any reason terminates his/her employment prior to
the completion of such probationary period shall have his/her final paycheck reduced by the
value of the leave taken.
H. Leave Pay -Off
For the term of the agreement, NBMSOA members shall receive payment for any accrued
leave upon termination at the rate of 109% of their base hourly rate.
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 Classification
or Series calculated from the date on which the employee was first granted
permanent status in their current Classification or any Classification within
the Series, subject to the following:
(i) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification or
10
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.
c. "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part—time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department which
require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities for
subordinates. The City Manager shall determine those Classifications
which constitute a Series.
e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less senior
employee in a lower Classification within the Series. No employee shall
have the right to Bump into a Classification for which the employee does
not possess the minimum qualifications such as specialized education,
training or experience.
2. Procedures.
In the event the City Manager determines to reduce the number of employees within
a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order of
seniority;
c. An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a
Series, provided, however, that the determination of the employee to be
terminated from the position of Marine Safety Officer shall be based on
seniority within the Series. An employee who has Bumping Rights shall
notify the Department Director within seven (7) working days after notice of
layoff of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are subject to
layoff and have the same seniority, the employees shall be laid off in inverse
order of their position on the eligibility list or lists from which they were
appointed. In the event at least one of the employees was not appointed
from an eligibility list, the Department Director shall determine the
employee(s) to be laid off.
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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), and
accumulated sick leave to the extent permitted by the Personnel Resolution.
4. Re —Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The re—employment list
shall remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee occupied at
the time of layoff, or a lower ranking Classification within a Series, the employee
at the top of the Department re—employment list shall have the right to appointment
to the position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when personally
delivered to the employee or deposited in the U.S. Mail, certified, return receipt
requested, and addressed to the employee at his or her 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 Manager.
5. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay—off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
B . Health and Fitness Evaluations
Per Departmental SOP 105.20.
C . Provision for Sun Protection
1. The CITY will provide for one pair of sunglasses per year. The cost allowance will
be determined through reference to the cost of a base line pair.
2. The CITY agrees to provide an additional $100.00 per year in sun protection
materials for each regular full-time Marine Safety Officer (MSO).
D. Drug Testing
The CITY may drug test NBMSOA members on a random and mandatory basis only if
requested by the NBMSOA and authorized by the City Council. NBMSOA also agrees to
participate in an ad hoc committee to prepare a "for cause" drug testing policy.
E. Discipline
Any discipline shall be in accordance with Department SOP 500.80.
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F . Fitness Equipment and Exercise Time
At a time, during the life of this MOU, selected by NBMSOA, the City will provide up to
$3,000.00 per year towards the purchase of fitness equipment to be used off duty for the
intended benefit of NBMSOA for the term of this agreement. The actual equipment to be
purchased shall be recommended by NBMSOA, and shall require the final approval of the
Fire and Marine Department Director. Unit employees shall be allowed up to three (3)
hours per week for physical fitness training.
G. Income Reporting Procedure
The City will work with NBMSOA to develop a periodic routine report which will
summarize all annual accounts including, but not necessarily limited to; deductions, leave
balances, savings balances, and compensation reported to PERS.
H . Uniform Allowance
The City to pay the entire cost of providing MSOA members with each component of the
required MSOA uniforms. The required MSOA uniform includes safety shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing employee with socks,
underwear, cap or workout shoes, or other clothing.
I. Cost Reduction
The Association has agreed to City cost reduction proposals based on the following:
1. A joint committee shall be convened to review the supplemental pension proposals.
2. This process shall include a calculation of the cost savings achieved through the
Associations acceptance of City proposals.
3. Agreed upon cost savings shall be taken into consideration when reviewing the
supplemental pension.
4. If Police and the Police and/or Fire Units agree on a supplemental pension, the
parties shall automatically reopen negotiations on that subject.
5. If the committee reviewing the supplemental pension issues does not reach an
agreement by June 30, 1997, the Association shall have the option of having this
agreement expire September 30, 1997.
J . Marine Training Coordinator
The City and Association agree that the Marine Training Coordinator classification shall be
a part of the Marine Training bargaining unit. Upon approval from PERS, the
classification shall receive safety retirement.
K . Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and conditions of
employment may be changed or amended after meeting and conferring, in good faith.
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L. 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;
provided, however, that should the provisions of this MOU relating to pay schedule
adjustment increases be declared invalid, CITY agrees to provide alternate benefits
agreeable to NBMSOA, to EMPLOYEES to receive the same amount of money as they
would have received had such provision not been declared invalid.
Executed this ,S , day of �'i^crgyiy , 1997:
NEWPORT BEACH MARINE SAFETY OFFICJRS ASSOCIATION
BY:
BY:
BY:
ATTEST:
ITY OF NEWPORT BEACH
BY: l/V�"� AJ(�-1.6,
LaVonne Harkless, City Clerk
APP,,VED AS TO FORM:
obert H. Burnham, City Attorney
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Mayor