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HomeMy WebLinkAboutC-2059 - MOU's - Newport Beach City Employees Association (NBCEA)SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES 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 City Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 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 NIArC h 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: 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 full force and effect. Signatures on the next page CEA Side Letter Agreement — July 2023 Executed this 1( day of AP Q ►L , 2023. FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: By: Mariah Stinson, President FOR THE CITY OF NEWPORT BEACH: M. bah Blom, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: 4 w� C �..� Aaron C. Harp, City Attorney ATTEST: By: Ali 4.12.WL5 Leilam Brovin, City Clerk Attachment: Exhibit A — Salary Schedule CEA Side Letter Agreement — July 2023 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Assistant, Administrative 75 1 $ 31.56 $ 5,470 $ 65,644 Assistant, Administrative 75 2 $ 33.14 $ 5,744 $ 68,923 Assistant, Administrative 75 3 $ 34.78 $ 6,029 $ 72,350 Assistant, Administrative 75 4 $ 36.50 $ 6,327 $ 75,927 Assistant, Administrative 75 5 $ 38.34 $ 6,646 $ 79,752 Assistant, Administrative 75 6 $ 40.24 $ 6,975 $ 83,701 Assistant, Administrative 75 7 $ 42.29 $ 7,331 $ 87,973 Assistant, Administrative 75 8 $ 44.35 $ 7,687 $ 92,245 Assistant, Administrative 75 9 $ 46.57 $ 8,071 $ 96,857 Assistant, Department 55 1 $ 25.33 $ 4,390 $ 52,680 Assistant, Department 55 2 $ 26.58 $ 4,607 $ 55,287 Assistant, Department 55 3 $ 27.89 $ 4,835 $ 58,019 Assistant, Department 55 4 $ 29.29 $ 5,077 $ 60,925 Assistant, Department 55 5 $ 30.77 $ 5,334 $ 64,005 Assistant, Department 55 6 $ 32.30 $ 5,599 $ 67,184 Assistant, Department 55 7 $ 33.91 $ 5,878 $ 70,537 Assistant, Department 55 8 $ 35.61 $ 6,172 $ 74,064 Assistant, Department 55 9 $ 37.39 $ 6,481 $ 77,767 Assistant, Office 15 1 $ 21.65 $ 3,752 $ 45,029 Assistant, Office 15 2 $ 22.74 $ 3,941 $ 47,290 Assistant, Office 15 3 $ 23.88 $ 4,140 $ 49,674 Assistant, Office 15 4 $ 25.09 $ 4,349 $ 52,183 Assistant, Office 15 5 $ 26.33 $ 4,564 $ 54,766 Assistant, Office 15 6 $ 27.65 $ 4,794 $ 57,522 Assistant, Office 15 7 $ 29.02 $ 5,029 $ 60,354 Assistant, Office 15 8 $ 30.47 $ 5,282 $ 63,384 Assistant, Office 15 9 $ 32.00 $ 5,546 $ 66,553 Buyer 01 1 $ 31.63 $ 5,483 $ 65,793 Buyer 01 2 $ 33.22 $ 5,758 $ 69,097 Buyer 01 3 $ 34.87 $ 6,044 $ 72,524 Buyer 01 4 $ 36.62 $ 6,348 $ 76,175 Buyer 01 5 $ 38.45 $ 6,665 $ 79,975 Buyer 01 6 $ 40.37 $ 6,998 $ 83,974 Buyer 01 7 $ 42.40 $ 7,350 $ 88,196 Buyer 01 8 $ 44.48 $ 7,710 $ 92,518 Buyer 01 9 $ 46.70 $ 8,095 $ 97,144 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Buyer, Senior 55A 1 $ 37.33 $ 6,470 $ 77,641 Buyer, Senior 55A 2 $ 39.20 $ 6,795 $ 81,540 Buyer, Senior 55A 3 $ 41.14 $ 7,130 $ 85,563 Buyer, Senior 55A 4 $ 43.20 $ 7,488 $ 89,861 Buyer, Senior 55A 5 $ 45.35 $ 7,861 $ 94,331 Buyer, Senior 55A 6 $ 47.62 $ 8,254 $ 99,050 Buyer, Senior 55A 7 $ 49.98 $ 8,664 $ 103,968 Buyer, Senior 55A 8 $ 52.52 $ 9,103 $ 109,233 Buyer, Senior 55A 9 $ 55.14 $ 9,558 $ 114,695 Fiscal Clerk 31 1 $ 22.83 $ 3,957 $ 47,488 Fiscal Clerk 31 2 $ 24.01 $ 4,162 $ 49,947 Fiscal Clerk 31 3 $ 25.21 $ 4,369 $ 52,431 Fiscal Clerk 31 4 $ 26.44 $ 4,582 $ 54,989 Fiscal Clerk 31 5 $ 27.76 $ 4,812 $ 57,746 Fiscal Clerk 31 6 $ 29.17 $ 5,056 $ 60,677 Fiscal Clerk 31 7 $ 30.63 $ 5,309 $ 63,707 Fiscal Clerk 31 8 $ 32.16 $ 5,574 $ 66,886 Fiscal Clerk 31 9 $ 33.76 $ 5,853 $ 70,230 Fiscal Clerk, Senior 65 1 $ 26.58 $ 4,607 $ 55,287 Fiscal Clerk, Senior 65 2 $ 27.86 $ 4,829 $ 57,945 Fiscal Clerk, Senior 65 3 $ 29.29 $ 5,077 $ 60,925 Fiscal Clerk, Senior 65 4 $ 30.77 $ 5,334 $ 64,005 Fiscal Clerk, Senior 65 5 $ 32.29 $ 5,597 $ 67,159 Fiscal Clerk, Senior 65 6 $ 33.90 $ 5,876 $ 70,512 Fiscal Clerk, Senior 65 7 $ 35.61 $ 6,172 $ 74,064 Fiscal Clerk, Senior 65 8 $ 37.40 $ 6,482 $ 77,790 Fiscal Clerk, Senior 65 9 $ 39.27 $ 6,807 $ 81,679 Fiscal Specialist 85 1 $ 30.80 $ 5,338 $ 64,054 Fiscal Specialist 85 2 $ 32.36 $ 5,609 $ 67,308 Fiscal Specialist 85 3 $ 33.96 $ 5,886 $ 70,636 Fiscal Specialist 85 4 $ 35.66 $ 6,180 $ 74,163 Fiscal Specialist 85 5 $ 37.47 $ 6,495 $ 77,939 Fiscal Specialist 85 6 $ 39.30 $ 6,812 $ 81,739 Fiscal Specialist 85 7 $ 41.29 $ 7,157 $ 85,887 Fiscal Specialist 85 8 $ 43.35 $ 7,513 $ 90,159 Fiscal Specialist 85 9 $ 45.51 $ 7,889 $ 94,667 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Inventory Analyst 90 1 $ 27.09 $ 4,696 $ 56,355 Inventory Analyst 90 2 $ 28.43 $ 4,928 $ 59,137 Inventory Analyst 90 3 $ 29.84 $ 5,172 $ 62,067 Inventory Analyst 90 4 $ 31.34 $ 5,433 $ 65,197 Inventory Analyst 90 5 $ 32.93 $ 5,708 $ 68,500 Inventory Analyst 90 6 $ 34.58 $ 5,994 $ 71,928 Inventory Analyst 90 7 $ 36.32 $ 6,296 $ 75,554 Inventory Analyst 90 8 $ 38.15 $ 6,613 $ 79,354 Inventory Analyst 90 9 $ 40.06 $ 6,944 $ 83,322 Librarian 1 20 1 $ 31.15 $ 5,400 $ 64,800 Librarian 1 20 2 $ 32.71 $ 5,669 $ 68,029 Librarian 1 20 3 $ 34.32 $ 5,948 $ 71,382 Librarian 1 20 4 $ 36.07 $ 6,253 $ 75,033 Librarian 1 20 5 $ 37.85 $ 6,561 $ 78,734 Librarian 1 20 6 $ 39.80 $ 6,898 $ 82,781 Librarian 1 20 7 $ 41.76 $ 7,238 $ 86,855 Librarian 1 20 8 $ 43.82 $ 7,596 $ 91,152 Librarian 1 20 9 $ 46.01 $ 7,976 $ 95,710 Librarian II 30A 1 $ 34.23 $ 5,934 $ 71,208 Librarian 11 30A 2 $ 35.98 $ 6,236 $ 74,834 Librarian 11 30A 3 $ 37.78 $ 6,549 $ 78,584 Librarian 11 30A 4 $ 39.66 $ 6,874 $ 82,484 Librarian II 30A 5 $ 41.65 $ 7,219 $ 86,631 Librarian II 30A 6 $ 43.72 $ 7,577 $ 90,929 Librarian II 30A 7 $ 45.90 $ 7,956 $ 95,474 Librarian II 30A 8 $ 48.22 $ 8,358 $ 100,292 Librarian II 30A 9 $ 50.63 $ 8,776 $ 105,306 Librarian III 35A 1 $ 37.69 $ 6,532 $ 78,386 Librarian III 35A 2 $ 39.54 $ 6,853 $ 82,235 Librarian III 35A 3 $ 41.52 $ 7,197 $ 86,358 Librarian III 35A 4 $ 43.63 $ 7,563 $ 90,755 Librarian III 35A 5 $ 45.83 $ 7,944 $ 95,325 Librarian III 35A 6 $ 48.09 $ 8,335 $ 100,019 Librarian III 35A 7 $ 50.52 $ 8,757 $ 105,085 Librarian III 35A 8 $ 53.02 $ 9,190 $ 110,276 Librarian III 35A 9 $ 55.67 $ 9,649 $ 115,790 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Library Assistant 70 1 $ 26.50 $ 4,593 $ 55,113 Library Assistant 70 2 $ 27.79 $ 4,816 $ 57,796 Library Assistant 70 3 $ 29.20 $ 5,061 $ 60,726 Library Assistant 70 4 $ 30.65 $ 5,313 $ 63,757 Library Assistant 70 5 $ 32.18 $ 5,578 $ 66,936 Library Assistant 70 6 $ 33.82 $ 5,862 $ 70,339 Library Assistant 70 7 $ 35.49 $ 6,151 $ 73,816 Library Assistant 70 8 $ 37.27 $ 6,460 $ 77,517 Library Assistant 70 9 $ 39.13 $ 6,783 $ 81,392 Library Clerk 1 05 1 $ 20.65 $ 3,579 $ 42,943 Library Clerk 1 05 2 $ 21.66 $ 3,755 $ 45,054 Library Clerk 1 05 3 $ 22.75 $ 3,943 $ 47,314 Library Clerk 1 05 4 $ 23.88 $ 4,140 $ 49,674 Library Clerk 1 05 5 $ 25.09 $ 4,349 $ 52,183 Library Clerk 1 05 6 $ 26.33 $ 4,564 $ 54,766 Library Clerk 1 05 7 $ 27.65 $ 4,794 $ 57,522 Library Clerk 1 05 8 $ 29.03 $ 5,032 $ 60,379 Library Clerk 1 05 9 $ 30.48 $ 5,283 $ 63,398 Library Clerk II 30 1 $ 22.83 $ 3,957 $ 47,488 Library Clerk II 30 2 $ 24.01 $ 4,162 $ 49,947 Library Clerk II 30 3 $ 25.21 $ 4,369 $ 52,431 Library Clerk II 30 4 $ 26.44 $ 4,582 $ 54,989 Library Clerk II 30 5 $ 27.76 $ 4,812 $ 57,746 Library Clerk II 30 6 $ 29.17 $ 5,056 $ 60,677 Library Clerk II 30 7 $ 30.63 $ 5,309 $ 63,707 Library Clerk II 30 8 $ 32.16 $ 5,574 $ 66,886 Library Clerk II 30 9 $ 33.76 $ 5,853 $ 70,230 Library Clerk, Senior 71 1 $ 26.50 $ 4,593 $ 55,113 Library Clerk, Senior 71 2 $ 27.79 $ 4,816 $ 57,796 Library Clerk, Senior 71 3 $ 29.20 $ 5,061 $ 60,726 Library Clerk, Senior 71 4 $ 30.65 $ 5,313 $ 63,757 Library Clerk, Senior 71 5 $ 32.18 $ 5,578 $ 66,936 Library Clerk, Senior 71 6 $ 33.82 $ 5,862 $ 70,339 Library Clerk, Senior 71 7 $ 35.49 $ 6,151 $ 73,816 Library Clerk, Senior 71 8 $ 37.27 $ 6,460 $ 77,517 Library Clerk, Senior 71 9 $ 39.13 $ 6,783 $ 81,392 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Mail Processing Clerk, Senior 07 1 $ 23.98 $ 4,156 $ 49,873 Mail Processing Clerk, Senior 07 2 $ 25.17 $ 4,363 $ 52,356 Mail Processing Clerk, Senior 07 3 $ 26.44 $ 4,582 $ 54,989 Mail Processing Clerk, Senior 07 4 $ 27.74 $ 4,808 $ 57,696 Mail Processing Clerk, Senior 07 5 $ 29.15 $ 5,052 $ 60,627 Mail Processing Clerk, Senior 07 6 $ 30.60 $ 5,305 $ 63,657 Mail Processing Clerk, Senior 07 7 $ 32.14 $ 5,572 $ 66,861 Mail Processing Clerk, Senior 07 8 $ 33.74 $ 5,849 $ 70,189 Mail Processing Clerk, Senior 07 9 $ 35.43 $ 6,142 $ 73,699 Marketing Specialist 02 1 $ 31.56 $ 5,470 $ 65,644 Marketing Specialist 02 2 $ 33.14 $ 5,744 $ 68,923 Marketing Specialist 02 3 $ 34.77 $ 6,027 $ 72,325 Marketing Specialist 02 4 $ 36.48 $ 6,323 $ 75,877 Marketing Specialist 02 5 $ 38.35 $ 6,648 $ 79,776 Marketing Specialist 02 6 $ 40.28 $ 6,981 $ 83,775 Marketing Specialist 02 7 $ 42.27 $ 7,327 $ 87,923 Marketing Specialist 02 8 $ 44.36 $ 7,689 $ 92,269 Marketing Specialist 02 9 $ 46.58 $ 8,074 $ 96,883 Park Patrol Officer 89 1 $ 22.50 $ 3,899 $ 46,793 Park Patrol Officer 89 2 $ 23.63 $ 4,096 $ 49,152 Park Patrol Officer 89 3 $ 24.79 $ 4,297 $ 51,562 Park Patrol Officer 89 4 $ 26.04 $ 4,514 $ 54,169 Park Patrol Officer 89 5 $ 27.33 $ 4,738 $ 56,852 Park Patrol Officer 89 6 $ 28.71 $ 4,976 $ 59,708 Park Patrol Officer 89 7 $ 30.15 $ 5,226 $ 62,714 Park Patrol Officer 89 8 $ 31.66 $ 5,487 $ 65,843 Park Patrol Officer 89 9 $ 33.24 $ 5,761 $ 69,135 Park Patrol Officer, Lead 22 1 $ 25.24 $ 4,375 $ 52,506 Park Patrol Officer, Lead 22 2 $ 26.51 $ 4,595 $ 55,138 Park Patrol Officer, Lead 22 3 $ 27.82 $ 4,823 $ 57,870 Park Patrol Officer, Lead 22 4 $ 29.23 $ 5,067 $ 60,801 Park Patrol Officer, Lead 22 5 $ 30.69 $ 5,319 $ 63,831 Park Patrol Officer, Lead 22 6 $ 32.22 $ 5,584 $ 67,010 Park Patrol Officer, Lead 22 7 $ 33.83 $ 5,864 $ 70,363 Park Patrol Officer, Lead 22 8 $ 35.52 $ 6,158 $ 73,890 Park Patrol Officer, Lead 22 9 $ 37.30 $ 6,465 $ 77,585 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Public Works Specialist 57A 1 $ 30.69 $ 5,319 $ 63,831 Public Works Specialist 57A 2 $ 32.22 $ 5,584 $ 67,010 Public Works Specialist 57A 3 $ 33.84 $ 5,866 $ 70,388 Public Works Specialist 57A 4 $ 35.51 $ 6,155 $ 73,865 Public Works Specialist 57A 5 $ 37.29 $ 6,464 $ 77,566 Public Works Specialist 57A 6 $ 39.20 $ 6,795 $ 81,540 Public Works Specialist 57A 7 $ 41.12 $ 7,128 $ 85,538 Public Works Specialist 57A 8 $ 43.21 $ 7,490 $ 89,885 Public Works Specialist 57A 9 $ 45.37 $ 7,865 $ 94,379 Records Specialist 76 1 $ 31.56 $ 5,470 $ 65,644 Records Specialist 76 2 $ 33.14 $ 5,744 $ 68,923 Records Specialist 76 3 $ 34.78 $ 6,029 $ 72,350 Records Specialist 76 4 $ 36.50 $ 6,327 $ 75,927 Records Specialist 76 5 $ 38.34 $ 6,646 $ 79,752 Records Specialist 76 6 $ 40.24 $ 6,975 $ 83,701 Records Specialist 76 7 $ 42.29 $ 7,331 $ 87,973 Records Specialist 76 8 $ 44.35 $ 7,687 $ 92,245 Records Specialist 76 9 $ 46.57 $ 8,071 $ 96,857 Recreation Coordinator 05A 1 $ 29.18 $ 5,058 $ 60,702 Recreation Coordinator 05A 2 $ 30.65 $ 5,313 $ 63,757 Recreation Coordinator 05A 3 $ 32.17 $ 5,576 $ 66,910 Recreation Coordinator 05A 4 $ 33.82 $ 5,862 $ 70,339 Recreation Coordinator 05A 5 $ 35.49 $ 6,151 $ 73,816 Recreation Coordinator 05A 6 $ 37.27 $ 6,460 $ 77,517 Recreation Coordinator 05A 7 $ 39.15 $ 6,787 $ 81,441 Recreation Coordinator 05A 8 $ 41.06 $ 7,118 $ 85,414 Recreation Coordinator 05A 9 $ 43.12 $ 7,474 $ 89,685 Recreation Coordinator, Assistant 07A 1 $ 23.98 $ 4,156 $ 49,873 Recreation Coordinator, Assistant 07A 2 $ 25.17 $ 4,363 $ 52,356 Recreation Coordinator, Assistant 07A 3 $ 26.44 $ 4,582 $ 54,989 Recreation Coordinator, Assistant 07A 4 $ 27.74 $ 4,808 $ 57,696 Recreation Coordinator, Assistant 07A 5 $ 29.15 $ 5,052 $ 60,627 Recreation Coordinator, Assistant 07A 6 $ 30.60 $ 5,305 $ 63,657 Recreation Coordinator, Assistant 07A 7 $ 32.14 $ 5,572 $ 66,861 Recreation Coordinator, Assistant 07A 8 $ 33.74 $ 5,849 $ 70,189 Recreation Coordinator, Assistant 07A 9 $ 35.43 $ 6,142 $ 73,699 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Recreation Supervisor 04 1 $ 34.11 $ 5,913 $ 70,952 Recreation Supervisor 04 2 $ 35.83 $ 6,211 $ 74,532 Recreation Supervisor 04 3 $ 37.61 $ 6,518 $ 78,218 Recreation Supervisor 04 4 $ 39.48 $ 6,843 $ 82,115 Recreation Supervisor 04 5 $ 41.48 $ 7,190 $ 86,274 Recreation Supervisor 04 6 $ 43.53 $ 7,545 $ 90,539 Recreation Supervisor 04 7 $ 45.74 $ 7,929 $ 95,147 Recreation Supervisor 04 8 $ 48.02 $ 8,324 $ 99,886 Recreation Supervisor 04 9 $ 50.42 $ 8,740 $ 104,880 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 A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Assistant, Administrative 75 1 $ 32.51 $ 5,634 $ 67,614 Assistant, Administrative 75 2 $ 34.13 $ 5,916 $ 70,991 Assistant, Administrative 75 3 $ 35.83 $ 6,210 $ 74,521 Assistant, Administrative 75 4 $ 37.60 $ 6,517 $ 78,204 Assistant, Administrative 75 5 $ 39.49 $ 6,845 $ 82,144 Assistant, Administrative 75 6 $ 41.45 $ 7,184 $ 86,212 Assistant, Administrative 75 7 $ 43.56 $ 7,551 $ 90,612 Assistant, Administrative 75 8 $ 45.68 $ 7,918 $ 95,012 Assistant, Administrative 75 9 $ 47.96 $ 8,314 $ 99,763 Assistant, Department 55 1 $ 26.09 $ 4,522 $ 54,260 Assistant, Department 55 2 $ 27.38 $ 4,745 $ 56,946 Assistant, Department 55 3 $ 28.73 $ 4,980 $ 59,759 Assistant, Department 55 4 $ 30.17 $ 5,229 $ 62,753 Assistant, Department 55 5 $ 31.69 $ 5,494 $ 65,925 Assistant, Department 55 6 $ 33.27 $ 5,767 $ 69,200 Assistant, Department 55 7 $ 34.93 $ 6,054 $ 72,653 Assistant, Department 55 8 $ 36.68 $ 6,357 $ 76,286 Assistant, Department 55 9 $ 38.51 $ 6,675 $ 80,100 Assistant, Office 15 1 $ 22.30 $ 3,865 $ 46,380 Assistant, Office 15 2 $ 23.42 $ 4,059 $ 48,708 Assistant, Office 15 3 $ 24.60 $ 4,264 $ 51,164 Assistant, Office 15 4 $ 25.84 $ 4,479 $ 53,748 Assistant, Office 15 5 $ 27.12 $ 4,701 $ 56,409 Assistant, Office 15 6 $ 28.48 $ 4,937 $ 59,248 Assistant, Office 15 7 $ 29.89 $ 5,180 $ 62,165 Assistant, Office 15 8 $ 31.39 $ 5,440 $ 65,286 Assistant, Office 15 9 $ 32.96 $ 5,713 $ 68,550 Buyer 01 1 $ 32.58 $ 5,647 $ 67,767 Buyer 01 2 $ 34.22 $ 5,931 $ 71,169 Buyer 01 3 $ 35.91 $ 6,225 $ 74,700 Buyer 01 4 $ 37.72 $ 6,538 $ 78,460 Buyer 01 5 $ 39.60 $ 6,865 $ 82,374 Buyer 01 6 $ 41.58 $ 7,208 $ 86,493 Buyer 01 7 $ 43.67 $ 7,570 $ 90,842 Buyer 01 8 $ 45.81 $ 7,941 $ 95,293 Buyer 01 9 $ 48.10 $ 8,338 $ 100,058 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Buyer, Senior 55A 1 $ 38.45 $ 6,664 $ 79,970 Buyer, Senior 55A 2 $ 40.38 $ 6,999 $ 83,986 Buyer, Senior 55A 3 $ 42.37 $ 7,344 $ 88,130 Buyer, Senior 55A 4 $ 44.50 $ 7,713 $ 92,556 Buyer, Senior 55A 5 $ 46.71 $ 8,097 $ 97,161 Buyer, Senior 55A 6 $ 49.05 $ 8,502 $ 102,022 Buyer, Senior 55A 7 $ 51.48 $ 8,924 $ 107,087 Buyer, Senior 55A 8 $ 54.09 $ 9,376 $ 112,510 Buyer, Senior 55A 9 $ 56.80 $ 9,845 $ 118,136 Fiscal Clerk 31 1 $ 23.52 $ 4,076 $ 48,913 Fiscal Clerk 31 2 $ 24.73 $ 4,287 $ 51,445 Fiscal Clerk 31 3 $ 25.96 $ 4,500 $ 54,004 Fiscal Clerk 31 4 $ 27.23 $ 4,720 $ 56,639 Fiscal Clerk 31 5 $ 28.60 $ 4,957 $ 59,479 Fiscal Clerk 31 6 $ 30.05 $ 5,208 $ 62,497 Fiscal Clerk 31 7 $ 31.55 $ 5,468 $ 65,618 Fiscal Clerk 31 8 $ 33.12 $ 5,741 $ 68,893 Fiscal Clerk 31 9 $ 34.78 $ 6,028 $ 72,337 Fiscal Clerk, Senior 65 1 $ 27.38 $ 4,745 $ 56,946 Fiscal Clerk, Senior 65 2 $ 28.69 $ 4,974 $ 59,683 Fiscal Clerk, Senior 65 3 $ 30.17 $ 5,229 $ 62,753 Fiscal Clerk, Senior 65 4 $ 31.69 $ 5,494 $ 65,925 Fiscal Clerk, Senior 65 5 $ 33.26 $ 5,764 $ 69,174 Fiscal Clerk, Senior 65 6 $ 34.92 $ 6,052 $ 72,628 Fiscal Clerk, Senior 65 7 $ 36.68 $ 6,357 $ 76,286 Fiscal Clerk, Senior 65 8 $ 38.52 $ 6,677 $ 80,123 Fiscal Clerk, Senior 65 9 $ 40.45 $ 7,011 $ 84,130 Fiscal Specialist 85 1 $ 31.72 $ 5,498 $ 65,976 Fiscal Specialist 85 2 $ 33.33 $ 5,777 $ 69,328 Fiscal Specialist 85 3 $ 34.98 $ 6,063 $ 72,755 Fiscal Specialist 85 4 $ 36.73 $ 6,366 $ 76,388 Fiscal Specialist 85 5 $ 38.59 $ 6,690 $ 80,277 Fiscal Specialist 85 6 $ 40.48 $ 7,016 $ 84,191 Fiscal Specialist 85 7 $ 42.53 $ 7,372 $ 88,463 Fiscal Specialist 85 8 $ 44.65 $ 7,739 $ 92,863 Fiscal Specialist 85 9 $ 46.88 $ 8,126 $ 97,507 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Inventory Analyst 90 1 $ 27.91 $ 4,837 $ 58,046 Inventory Analyst 90 2 $ 29.28 $ 5,076 $ 60,911 Inventory Analyst 90 3 $ 30.74 $ 5,327 $ 63,929 Inventory Analyst 90 4 $ 32.29 $ 5,596 $ 67,153 Inventory Analyst 90 5 $ 33.92 $ 5,880 $ 70,555 Inventory Analyst 90 6 $ 35.62 $ 6,174 $ 74,086 Inventory Analyst 90 7 $ 37.41 $ 6,485 $ 77,821 Inventory Analyst 90 8 $ 39.30 $ 6,811 $ 81,735 Inventory Analyst 90 9 $ 41.26 $ 7,152 $ 85,822 Librarian 1 20 1 $ 32.09 $ 5,562 $ 66,744 Librarian 1 20 2 $ 33.69 $ 5,839 $ 70,070 Librarian 1 20 3 $ 35.35 $ 6,127 $ 73,523 Librarian 1 20 4 $ 37.16 $ 6,440 $ 77,284 Librarian 1 20 5 $ 38.99 $ 6,758 $ 81,096 Librarian 1 20 6 $ 40.99 $ 7,105 $ 85,265 Librarian 1 20 7 $ 43.01 $ 7,455 $ 89,461 Librarian 1 20 8 $ 45.14 $ 7,824 $ 93,887 Librarian 1 20 9 $ 47.39 $ 8,215 $ 98,581 Librarian II 30A 1 $ 35.26 $ 6,112 $ 73,344 Librarian II 30A 2 $ 37.06 $ 6,423 $ 77,079 Librarian II 30A 3 $ 38.91 $ 6,745 $ 80,942 Librarian 11 30A 4 $ 40.85 $ 7,080 $ 84,958 Librarian II 30A 5 $ 42.90 $ 7,436 $ 89,230 Librarian II 30A 6 $ 45.03 $ 7,805 $ 93,657 Librarian II 30A 7 $ 47.28 $ 8,195 $ 98,338 Librarian 11 30A 8 $ 49.66 $ 8,608 $ 103,301 Librarian II 30A 9 $ 52.15 $ 9,039 $ 108,466 Librarian III 35A 1 $ 38.82 $ 6,728 $ 80,737 Librarian III 35A 2 $ 40.72 $ 7,059 $ 84,702 Librarian III 35A 3 $ 42.76 $ 7,412 $ 88,949 Librarian III 35A 4 $ 44.94 $ 7,790 $ 93,477 Librarian III 35A 5 $ 47.20 $ 8,182 $ 98,184 Librarian III 35A 6 $ 49.53 $ 8,585 $ 103,019 Librarian III 35A 7 $ 52.04 $ 9,020 $ 108,238 Librarian III 35A 8 $ 54.61 $ 9,465 $ 113,585 Librarian III 35A 9 $ 57.34 $ 9,939 $ 119,264 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Library Assistant 70 1 $ 27.29 $ 4,731 $ 56,766 Library Assistant 70 2 $ 28.62 $ 4,961 $ 59,530 Library Assistant 70 3 $ 30.07 $ 5,212 $ 62,548 Library Assistant 70 4 $ 31.57 $ 5,472 $ 65,669 Library Assistant 70 5 $ 33.15 $ 5,745 $ 68,944 Library Assistant 70 6 $ 34.83 $ 6,037 $ 72,449 Library Assistant 70 7 $ 36.55 $ 6,336 $ 76,030 Library Assistant 70 8 $ 38.39 $ 6,654 $ 79,842 Library Assistant 70 9 $ 40.30 $ 6,986 $ 83,834 Library Clerk 1 05 1 $ 21.27 $ 3,686 $ 44,231 Library Clerk 1 05 2 $ 22.31 $ 3,867 $ 46,406 Library Clerk 1 05 3 $ 23.43 $ 4,061 $ 48,734 Library Clerk 1 05 4 $ 24.60 $ 4,264 $ 51,164 Library Clerk 1 05 5 $ 25.84 $ 4,479 $ 53,748 Library Clerk 1 05 6 $ 27.12 $ 4,701 $ 56,409 Library Clerk 1 05 7 $ 28.48 $ 4,937 $ 59,248 Library Clerk 1 05 8 $ 29.90 $ 5,183 $ 62,190 Library Clerk 1 05 9 $ 31.39 $ 5,442 $ 65,300 Library Clerk II 30 1 $ 23.52 $ 4,076 $ 48,913 Library Clerk II 30 2 $ 24.73 $ 4,287 $ 51,445 Library Clerk II 30 3 $ 25.96 $ 4,500 $ 54,004 Library Clerk II 30 4 $ 27.23 $ 4,720 $ 56,639 Library Clerk II 30 5 $ 28.60 $ 4,957 $ 59,479 Library Clerk II 30 6 $ 30.05 $ 5,208 $ 62,497 Library Clerk II 30 7 $ 31.55 $ 5,468 $ 65,618 Library Clerk II 30 8 $ 33.12 $ 5,741 $ 68,893 Library Clerk II 30 9 $ 34.78 $ 6,028 $ 72,337 Library Clerk, Senior 71 1 $ 27.29 $ 4,731 $ 56,766 Library Clerk, Senior 71 2 $ 28.62 $ 4,961 $ 59,530 Library Clerk, Senior 71 3 $ 30.07 $ 5,212 $ 62,548 Library Clerk, Senior 71 4 $ 31.57 $ 5,472 $ 65,669 Library Clerk, Senior 71 5 $ 33.15 $ 5,745 $ 68,944 Library Clerk, Senior 71 6 $ 34.83 $ 6,037 $ 72,449 Library Clerk, Senior 71 7 $ 36.55 $ 6,336 $ 76,030 Library Clerk, Senior 71 8 $ 38.39 $ 6,654 $ 79,842 Library Clerk, Senior 71 9 $ 40.30 $ 6,986 $ 83,834 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Mail Processing Clerk, Senior 07 1 $ 24.70 $ 4,281 $ 51,369 Mail Processing Clerk, Senior 07 2 $ 25.93 $ 4,494 $ 53,927 Mail Processing Clerk, Senior 07 3 $ 27.23 $ 4,720 $ 56,639 Mail Processing Clerk, Senior 07 4 $ 28.57 $ 4,952 $ 59,427 Mail Processing Clerk, Senior 07 5 $ 30.02 $ 5,204 $ 62,446 Mail Processing Clerk, Senior 07 6 $ 31.52 $ 5,464 $ 65,567 Mail Processing Clerk, Senior 07 7 $ 33.11 $ 5,739 $ 68,867 Mail Processing Clerk, Senior 07 8 $ 34.76 $ 6,025 $ 72,295 Mail Processing Clerk, Senior 07 9 $ 36.50 $ 6,326 $ 75,910 Marketing Specialist 02 1 $ 32.51 $ 5,634 $ 67,614 Marketing Specialist 02 2 $ 34.13 $ 5,916 $ 70,991 Marketing Specialist 02 3 $ 35.81 $ 6,208 $ 74,495 Marketing Specialist 02 4 $ 37.57 $ 6,513 $ 78,154 Marketing Specialist 02 5 $ 39.50 $ 6,847 $ 82,170 Marketing Specialist 02 6 $ 41.48 $ 7,191 $ 86,288 Marketing Specialist 02 7 $ 43.54 $ 7,547 $ 90,561 Marketing Specialist 02 8 $ 45.69 $ 7,920 $ 95,037 Marketing Specialist 02 9 $ 47.98 $ 8,316 $ 99,789 Park Patrol Officer 89 1 $ 23.17 $ 4,016 $ 48,197 Park Patrol Officer 89 2 $ 24.34 $ 4,219 $ 50,627 Park Patrol Officer 89 3 $ 25.53 $ 4,426 $ 53,108 Park Patrol Officer 89 4 $ 26.82 $ 4,650 $ 55,795 Park Patrol Officer 89 5 $ 28.15 $ 4,880 $ 58,558 Park Patrol Officer 89 6 $ 29.57 $ 5,125 $ 61,499 Park Patrol Officer 89 7 $ 31.06 $ 5,383 $ 64,595 Park Patrol Officer 89 8 $ 32.60 $ 5,651 $ 67,818 Park Patrol Officer 89 9 $ 34.23 $ 5,934 $ 71,209 Park Patrol Officer, Lead 22 1 $ 26.00 $ 4,507 $ 54,081 Park Patrol Officer, Lead 22 2 $ 27.30 $ 4,733 $ 56,792 Park Patrol Officer, Lead 22 3 $ 28.66 $ 4,967 $ 59,606 Park Patrol Officer, Lead 22 4 $ 30.11 $ 5,219 $ 62,625 Park Patrol Officer, Lead 22 5 $ 31.61 $ 5,479 $ 65,746 Park Patrol Officer, Lead 22 6 $ 33.18 $ 5,752 $ 69,020 Park Patrol Officer, Lead 22 7 $ 34.84 $ 6,039 $ 72,474 Park Patrol Officer, Lead 22 8 $ 36.59 $ 6,342 $ 76,107 Park Patrol Officer, Lead 22 9 $ 38.42 $ 6,659 $ 79,912 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Public Works Specialist 57A 1 $ 31.61 $ 5,479 $ 65,746 Public Works Specialist 57A 2 $ 33.18 $ 5,752 $ 69,020 Public Works Specialist 57A 3 $ 34.86 $ 6,042 $ 72,499 Public Works Specialist 57A 4 $ 36.58 $ 6,340 $ 76,081 Public Works Specialist 57A 5 $ 38.41 $ 6,658 $ 79,893 Public Works Specialist 57A 6 $ 40.38 $ 6,999 $ 83,986 Public Works Specialist 57A 7 $ 42.36 $ 7,342 $ 88,105 Public Works Specialist 57A 8 $ 44.51 $ 7,715 $ 92,581 Public Works Specialist 57A 9 $ 46.74 $ 8,101 $ 97,211 Records Specialist 76 1 $ 32.51 $ 5,634 $ 67,614 Records Specialist 76 2 $ 34.13 $ 5,916 $ 70,991 Records Specialist 76 3 $ 35.83 $ 6,210 $ 74,521 Records Specialist 76 4 $ 37.60 $ 6,517 $ 78,204 Records Specialist 76 5 $ 39.49 $ 6,845 $ 82,144 Records Specialist 76 6 $ 41.45 $ 7,184 $ 86,212 Records Specialist 76 7 $ 43.56 $ 7,551 $ 90,612 Records Specialist 76 8 $ 45.68 $ 7,918 $ 95,012 Records Specialist 76 9 $ 47.96 $ 8,314 $ 99,763 Recreation Coordinator 05A 1 $ 30.06 $ 5,210 $ 62,523 Recreation Coordinator 05A 2 $ 31.57 $ 5,472 $ 65,669 Recreation Coordinator 05A 3 $ 33.13 $ 5,743 $ 68,918 Recreation Coordinator 05A 4 $ 34.83 $ 6,037 $ 72,449 Recreation Coordinator 05A 5 $ 36.55 $ 6,336 $ 76,030 Recreation Coordinator 05A 6 $ 38.39 $ 6,654 $ 79,842 Recreation Coordinator 05A 7 $ 40.33 $ 6,990 $ 83,884 Recreation Coordinator 05A 8 $ 42.30 $ 7,331 $ 87,977 Recreation Coordinator 05A 9 $ 44.41 $ 7,698 $ 92,376 Recreation Coordinator, Assistant 07A 1 $ 24.70 $ 4,281 $ 51,369 Recreation Coordinator, Assistant 07A 2 $ 25.93 $ 4,494 $ 53,927 Recreation Coordinator, Assistant 07A 3 $ 27.23 $ 4,720 $ 56,639 Recreation Coordinator, Assistant 07A 4 $ 28.57 $ 4,952 $ 59,427 Recreation Coordinator, Assistant 07A 5 $ 30.02 $ 5,204 $ 62,446 Recreation Coordinator, Assistant 07A 6 $ 31.52 $ 5,464 $ 65,567 Recreation Coordinator, Assistant 07A 7 $ 33.11 $ 5,739 $ 68,867 Recreation Coordinator, Assistant 07A 8 $ 34.76 $ 6,025 $ 72,295 Recreation Coordinator, Assistant 07A 9 $ 36.50 $ 6,326 $ 75,910 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Recreation Supervisor 04 1 $ 35.13 $ 6,090 $ 73,080 Recreation Supervisor 04 2 $ 36.91 $ 6,397 $ 76,768 Recreation Supervisor 04 3 $ 38.73 $ 6,714 $ 80,565 Recreation Supervisor 04 4 $ 40.66 $ 7,048 $ 84,578 Recreation Supervisor 04 5 $ 42.72 $ 7,405 $ 88,862 Recreation Supervisor 04 6 $ 44.83 $ 7,771 $ 93,255 Recreation Supervisor 04 7 $ 47.12 $ 8,167 $ 98,001 Recreation Supervisor 04 8 $ 49.46 $ 8,574 $ 102,882 Recreation Supervisor 04 9 $ 51.94 $ 9,002 $ 108,026 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 A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Assistant, Administrative 75 1 $ 33.48 $ 5,803 $ 69,642 Assistant, Administrative 75 2 $ 35.15 $ 6,093 $ 73,120 Assistant, Administrative 75 3 $ 36.90 $ 6,396 $ 76,756 Assistant, Administrative 75 4 $ 38.73 $ 6,713 $ 80,551 Assistant, Administrative 75 5 $ 40.68 $ 7,051 $ 84,609 Assistant, Administrative 75 6 $ 42.69 $ 7,400 $ 88,798 Assistant, Administrative 75 7 $ 44.87 $ 7,778 $ 93,330 Assistant, Administrative 75 8 $ 47.05 $ 8,155 $ 97,862 Assistant, Administrative 75 9 $ 49.40 $ 8,563 $ 102,755 Assistant, Department 55 1 $ 26.87 $ 4,657 $ 55,888 Assistant, Department 55 2 $ 28.20 $ 4,888 $ 58,654 Assistant, Department 55 3 $ 29.59 $ 5,129 $ 61,552 Assistant, Department 55 4 $ 31.07 $ 5,386 $ 64,636 Assistant, Department 55 5 $ 32.65 $ 5,659 $ 67,903 Assistant, Department 55 6 $ 34.27 $ 5,940 $ 71,276 Assistant, Department 55 7 $ 35.98 $ 6,236 $ 74,833 Assistant, Department 55 8 $ 37.78 $ 6,548 $ 78,575 Assistant, Department 55 9 $ 39.67 $ 6,875 $ 82,503 Assistant, Office 15 1 $ 22.97 $ 3,981 $ 47,771 Assistant, Office 15 2 $ 24.12 $ 4,181 $ 50,170 Assistant, Office 15 3 $ 25.34 $ 4,392 $ 52,699 Assistant, Office 15 4 $ 26.62 $ 4,613 $ 55,361 Assistant, Office 15 5 $ 27.93 $ 4,842 $ 58,101 Assistant, Office 15 6 $ 29.34 $ 5,085 $ 61,025 Assistant, Office 15 7 $ 30.78 $ 5,336 $ 64,029 Assistant, Office 15 8 $ 32.33 $ 5,604 $ 67,244 Assistant, Office 15 9 $ 33.95 $ 5,884 $ 70,607 Buyer 01 1 $ 33.56 $ 5,817 $ 69,800 Buyer 01 2 $ 35.24 $ 6,109 $ 73,305 Buyer 01 3 $ 36.99 $ 6,412 $ 76,941 Buyer 01 4 $ 38.85 $ 6,735 $ 80,814 Buyer 01 5 $ 40.79 $ 7,070 $ 84,846 Buyer 01 6 $ 42.83 $ 7,424 $ 89,088 Buyer 01 7 $ 44.98 $ 7,797 $ 93,568 Buyer 01 8 $ 47.19 $ 8,179 $ 98,152 Buyer 01 9 $ 49.55 $ 8,588 $ 103,060 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Buyer, Senior 55A 1 $ 39.60 $ 6,864 $ 82,369 Buyer, Senior 55A 2 $ 41.59 $ 7,209 $ 86,506 Buyer, Senior 55A 3 $ 43.64 $ 7,564 $ 90,774 Buyer, Senior 55A 4 $ 45.83 $ 7,944 $ 95,333 Buyer, Senior 55A 5 $ 48.11 $ 8,340 $ 100,075 Buyer, Senior 55A 6 $ 50.52 $ 8,757 $ 105,082 Buyer, Senior 55A 7 $ 53.03 $ 9,192 $ 110,299 Buyer, Senior 55A 8 $ 55.71 $ 9,657 $ 115,886 Buyer, Senior 55A 9 $ 58.50 $ 10,140 $ 121,680 Fiscal Clerk 31 1 $ 24.22 $ 4,198 $ 50,381 Fiscal Clerk 31 2 $ 25.48 $ 4,416 $ 52,989 Fiscal Clerk 31 3 $ 26.74 $ 4,635 $ 55,624 Fiscal Clerk 31 4 $ 28.05 $ 4,861 $ 58,338 Fiscal Clerk 31 5 $ 29.45 $ 5,105 $ 61,263 Fiscal Clerk 31 6 $ 30.95 $ 5,364 $ 64,372 Fiscal Clerk 31 7 $ 32.49 $ 5,632 $ 67,587 Fiscal Clerk 31 8 $ 34.12 $ 5,913 $ 70,960 Fiscal Clerk 31 9 $ 35.82 $ 6,209 $ 74,507 Fiscal Clerk, Senior 65 1 $ 28.20 $ 4,888 $ 58,654 Fiscal Clerk, Senior 65 2 $ 29.55 $ 5,123 $ 61,473 Fiscal Clerk, Senior 65 3 $ 31.07 $ 5,386 $ 64,636 Fiscal Clerk, Senior 65 4 $ 32.65 $ 5,659 $ 67,903 Fiscal Clerk, Senior 65 5 $ 34.25 $ 5,937 $ 71,249 Fiscal Clerk, Senior 65 6 $ 35.96 $ 6,234 $ 74,806 Fiscal Clerk, Senior 65 7 $ 37.78 $ 6,548 $ 78,575 Fiscal Clerk, Senior 65 8 $ 39.68 $ 6,877 $ 82,527 Fiscal Clerk, Senior 65 9 $ 41.66 $ 7,221 $ 86,653 Fiscal Specialist 85 1 $ 32.67 $ 5,663 $ 67,955 Fiscal Specialist 85 2 $ 34.33 $ 5,951 $ 71,407 Fiscal Specialist 85 3 $ 36.03 $ 6,245 $ 74?938 Fiscal Specialist 85 4 $ 37.83 $ 6,557 $ 78,680 Fiscal Specialist 85 5 $ 39.75 $ 6,890 $ 82,685 Fiscal Specialist 85 6 $ 41.69 $ 7,226 $ 86,716 Fiscal Specialist 85 7 $ 43.81 $ 7,593 $ 91,117 Fiscal Specialist 85 8 $ 45.99 $ 7,971 $ 95,649 Fiscal Specialist 85 9 $ 48.28 $ 8,369 $ 100,432 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Inventory Analyst 90 1 $ 28.74 $ 4,982 $ 59,787 Inventory Analyst 90 2 $ 30.16 $ 5,228 $ 62,739 Inventory Analyst 90 3 $ 31.66 $ 5,487 $ 65,847 Inventory Analyst 90 4 $ 33.25 $ 5,764 $ 69,168 Inventory Analyst 90 5 $ 34.94 $ 6,056 $ 72,672 Inventory Analyst 90 6 $ 36.69 $ 6,359 $ 76,308 Inventory Analyst 90 7 $ 38.54 $ 6,680 $ 80,155 Inventory Analyst 90 8 $ 40.47 $ 7,016 $ 84,187 Inventory Analyst 90 9 $ 42.50 $ 7,366 $ 88,396 Librarian 1 20 1 $ 33.05 $ 5,729 $ 68,746 Librarian 1 20 2 $ 34.70 $ 6,014 $ 72,172 Librarian 1 20 3 $ 36.41 $ 6,311 $ 75,729 Librarian 1 20 4 $ 38.27 $ 6,634 $ 79,602 Librarian 1 20 5 $ 40.16 $ 6,961 $ 83,529 Librarian 1 20 6 $ 42.22 $ 7,319 $ 87,823 Librarian 1 20 7 $ 44.30 $ 7,679 $ 92,145 Librarian 1 20 8 $ 46.49 $ 8,059 $ 96,703 Librarian 1 20 9 $ 48.82 $ 8,462 $ 101,538 Librarian II 30A 1 $ 36.32 $ 6,295 $ 75,545 Librarian 11 30A 2 $ 38.17 $ 6,616 $ 79,391 Librarian II 30A 3 $ 40.08 $ 6,948 $ 83,370 Librarian 11 30A 4 $ 42.07 $ 7,292 $ 87,507 Librarian II 30A 5 $ 44.19 $ 7,659 $ 91,907 Librarian 11 30A 6 $ 46.38 $ 8,039 $ 96,466 Librarian 11 30A 7 $ 48.70 $ 8,441 $ 101,288 Librarian 11 30A 8 $ 51.15 $ 8,867 $ 106,400 Librarian II 30A 9 $ 53.71 $ 9,310 $ 111,720 Librarian III 35A 1 $ 39.98 $ 6,930 $ 83,159 Librarian III 35A 2 $ 41.94 $ 7,270 $ 87,243 Librarian III 35A 3 $ 44.05 $ 7,635 $ 91,618 Librarian III 35A 4 $ 46.29 $ 8,023 $ 96,282 Librarian III 35A 5 $ 48.62 $ 8,427 $ 101,130 Librarian III 35A 6 $ 51.01 $ 8,842 $ 106,110 Librarian III 35A 7 $ 53.60 $ 9,290 $ 111,485 Librarian III 35A 8 $ 56.25 $ 9,749 $ 116,992 Librarian III 35A 9 $ 59.06 $ 10,237 $ 122,842 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31; 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Library Assistant 70 1 $ 28.11 $ 4,872 $ 58,469 Library Assistant 70 2 $ 29.48 $ 5,110 $ 61,316 Library Assistant 70 3 $ 30.97 $ 5,369 $ 64,425 Library Assistant 70 4 $ 32.52 $ 5,637 $ 67,639 Library Assistant 70 5 $ 34.14 $ 5,918 $ 71,012 Library Assistant 70 6 $ 35.88 $ 6,219 $ 74,622 Library Assistant 70 7 $ 37.65 $ 6,526 $ 78,311 Library Assistant 70 8 $ 39.54 $ 6,853 $ 82,237 Library Assistant 70 9 $ 41.51 $ 7,196 $ 86,349 Library Clerk 1 05 1 $ 21.90 $ 3,797 $ 45,558 Library Clerk 1 05 2 $ 22.98 $ 3,983 $ 47,798 Library Clerk 1 05 3 $ 24.13 $ 4,183 $ 50,196 Library Clerk 1 05 4 $ 25.34 $ 4,392 $ 52,699 Library Clerk 1 05 5 $ 26.62 $ 4,613 $ 55,361 Library Clerk 1 05 6 $ 27.93 $ 4,842 $ 58,101 Library Clerk 1 05 7 $ 29.34 $ 5,085 $ 61,025 Library Clerk 1 05 8 $ 30.80 $ 5,338 $ 64,056 Library Clerk 1 05 9 $ 32.34 $ 5,605 $ 67,259 Library Clerk 11 30 1 $ 24.22 $ 4,198 $ 50,381 Library Clerk II 30 2 $ 25.48 $ 4,416 $ 52,989 Library Clerk II 30 3 $ 26.74 $ 4,635 $ 55,624 Library Clerk II 30 4 $ 28.05 $ 4,861 $ 58,338 Library Clerk 11 30 5 $ 29.45 $ 5,105 $ 61,263 Library Clerk II 30 6 $ 30.95 $ 5,364 $ 64,372 Library Clerk II 30 7 $ 32.49 $ 5,632 $ 67,587 Library Clerk II 30 8 $ 34.12 $ 5,913 $ 70,960 Library Clerk 11 30 9 $ 35.82 $ 6,209 $ 74,507 Library Clerk, Senior 71 1 $ 28.11 $ 4,872 $ 58,469 Library Clerk, Senior 71 2 $ 29.48 $ 5,110 $ 61,316 Library Clerk, Senior 71 3 $ 30.97 $ 5,369 $ 64,425 Library Clerk, Senior 71 4 $ 32.52 $ 5,637 $ 67,639 Library Clerk, Senior 71 5 $ 34.14 $ 5,918 $ 71,012 Library Clerk, Senior 71 6 $ 35.88 $ 6,219 $ 74,622 Library Clerk, Senior 71 7 $ 37.65 $ 6,526 $ 78,311 Library Clerk, Senior 71 8 $ 39.54 $ 6,853 $ 82,237 Library Clerk, Senior 71 9 $ 41.51 $ 7,196 $ 86,349 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Mail Processing Clerk, Senior 07 1 $ 25.44 $ 4,409 $ 52,910 Mail Processing Clerk, Senior 07 2 $ 26.70 $ 4,629 $ 55,545 Mail Processing Clerk, Senior 07 3 $ 28.05 $ 4,861 $ 58,338 Mail Processing Clerk, Senior 07 4 $ 29.43 $ 5,101 $ 61,210 Mail Processing Clerk, Senior 07 5 $ 30.92 $ 5,360 $ 64,320 Mail Processing Clerk, Senior 07 6 $ 32.47 $ 5,628 $ 67,534 Mail Processing Clerk, Senior 07 7 $ 34.10 $ 5,911 $ 70,933 Mail Processing Clerk, Senior 07 8 $ 35.80 $ 6,205 $ 74,464 Mail Processing Clerk, Senior 07 9 $ 37.59 $ 6,516 $ 78,187 Marketing Specialist 02 1 $ 33.48 $ 5,803 $ 69,642 Marketing Specialist 02 2 $ 35.15 $ 6,093 $ 73,120 Marketing Specialist 02 3 $ 36.89 $ 6,394 $ 76,730 Marketing Specialist 02 4 $ 38.70 $ 6,708 $ 80,498 Marketing Specialist 02 5 $ 40.69 $ 7,053 $ 84,635 Marketing Specialist 02 6 $ 42.73 $ 7,406 $ 88,877 Marketing Specialist 02 7 $ 44.84 $ 7,773 $ 93,278 Marketing Specialist 02 8 $ 47.06 $ 8,157 $ 97,888 Marketing Specialist 02 9 $ 49.41 $ 8,565 $ 102,783 Park Patrol Officer 89 1 $ 23.87 $ 4,137 $ 49,643 Park Patrol Officer 89 2 $ 25.07 $ 4,345 $ 52,146 Park Patrol Officer 89 3 $ 26.30 $ 4,558 $ 54,702 Park Patrol Officer 89 4 $ 27.63 $ 4,789 $ 57,468 Park Patrol Officer 89 5 $ 29.00 $ 5,026 $ 60,315 Park Patrol Officer 89 6 $ 30.45 $ 5,279 $ 63,344 Park Patrol Officer 89 7 $ 31.99 $ 5,544 $ 66,533 Park Patrol Officer 89 8 $ 33.58 $ 5,821 $ 69,852 Park Patrol Officer 89 9 $ 35.26 $ 6,112 $ 73,345 Park Patrol Officer, Lead 22 1 $ 26.78 $ 4,642 $ 55,703 Park Patrol Officer, Lead 22 2 $ 28.12 $ 4,875 $ 58,496 Park Patrol Officer, Lead 22 3 $ 29.52 $ 5,116 $ 61,394 Park Patrol Officer, Lead 22 4 $ 31.01 $ 5,375 $ 64,504 Park Patrol Officer, Lead 22 5 $ 32.56 $ 5,643 $ 67,719 Park Patrol Officer, Lead 22 6 $ 34.18 $ 5,924 $ 71,091 Park Patrol Officer, Lead 22 7 $ 35.89 $ 6,221 $ 74,648 Park Patrol Officer, Lead 22 8 $ 37.69 $ 6,533 $ 78,390 Park Patrol Officer, Lead 22 9 $ 39.57 $ 6,859 $ 82,310 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Public Works Specialist 57A 1 $ 32.56 $ 5,643 $ 67,719 Public Works Specialist 57A 2 $ 34.18 $ 5,924 $ 71,091 Public Works Specialist 57A 3 $ 35.90 $ 6,223 $ 74,674 Public Works Specialist 57A 4 $ 37.67 $ 6,530 $ 78,364 Public Works Specialist 57A 5 $ 39.56 $ 6,857 $ 82,290 Public Works Specialist 57A 6 $ 41.59 $ 7,209 $ 86,506 Public Works Specialist 57A 7 $ 43.63 $ 7,562 $ 90,748 Public Works Specialist 57A 8 $ 45.85 $ 7,947 $ 95,359 Public Works Specialist 57A 9 $ 48.14 $ 8,344 $ 100,127 Records Specialist 76 1 $ 33.48 $ 5,803 $ 69,642 Records Specialist 76 2 $ 35.15 $ 6,093 $ 73,120 Records Specialist 76 3 $ 36.90 $ 6,396 $ 76,756 Records Specialist 76 4 $ 38.73 $ 6,713 $ 80,551 Records Specialist 76 5 $ 40.68 $ 7,051 $ 84,609 Records Specialist 76 6 $ 42.69 $ 7,400 $ 88,798 Records Specialist 76 7 $ 44.87 $ 7,778 $ 93,330 Records Specialist 76 8 $ 47.05 $ 8,155 $ 97,862 Records Specialist 76 9 $ 49.40 $ 8,563 $ 102,755 Recreation Coordinator 05A 1 $ 30.96 $ 5,367 $ 64,398 Recreation Coordinator 05A 2 $ 32.52 $ 5,637 $ 67,639 Recreation Coordinator 05A 3 $ 34.13 $ 5,915 $ 70,985 Recreation Coordinator 05A 4 $ 35.88 $ 6,219 $ 74,622 Recreation Coordinator 05A 5 $ 37.65 $ 6,526 $ 78,311 Recreation Coordinator 05A 6 $ 39.54 $ 6,853 $ 82,237 Recreation Coordinator 05A 7 $ 41.54 $ 7,200 $ 86,400 Recreation Coordinator 05A 8 $ 43.57 $ 7,551 $ 90,616 Recreation Coordinator 05A 9 $ 45.74 $ 7,929 $ 95,147 Recreation Coordinator, Assistant 07A 1 $ 25.44 $ 4,409 $ 52,910 Recreation Coordinator, Assistant 07A 2 $ 26.70 $ 4,629 $ 55,545 Recreation Coordinator, Assistant 07A 3 $ 28.05 $ 4,861 $ 58,338 Recreation Coordinator, Assistant 07A 4 $ 29.43 $ 5,101 $ 61,210 Recreation Coordinator, Assistant 07A 5 $ 30.92 $ 5,360 $ 64,320 Recreation Coordinator, Assistant 07A 6 $ 32.47 $ 5,628 $ 67,534 Recreation Coordinator, Assistant 07A 7 $ 34.10 $ 5,911 $ 70,933 Recreation Coordinator, Assistant 07A 8 $ 35.80 $ 6,205 $ 74,464 Recreation Coordinator, Assistant 07A 9 $ 37.59 $ 6,516 $ 78,187 EXHIBIT A: Side Letter of Agreement Between the City and NBCEA The City of Newport Beach City Employees Association Salary Schedule Adjustment Update to MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Recreation Supervisor 04 1 $ 36.19 $ 6,273 $ 75,273 Recreation Supervisor 04 2 $ 38.02 $ 6,589 $ 79,071 Recreation Supervisor 04 3 $ 39.90 $ 6,915 $ 82,982 Recreation Supervisor 04 4 $ 41.88 $ 7,260 $ 87,115 Recreation Supervisor 04 5 $ 44.00 $ 7,627 $ 91,528 Recreation Supervisor 04 6 $ 46.18 $ 8,004 $ 96,053 Recreation Supervisor 04 7 $ 48.53 $ 8,412 $ 100,941 Recreation Supervisor 04 8 $ 50.95 $ 8,831 $ 105,969 Recreation Supervisor 04 9 $ 53.49 $ 9,272 $ 111,267 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 CITY EMPLOYEES ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this 2-PS day of No v EYY1[3E Q2. 2022, by and between the City of Newport Beach ("City") and the Newport Beach City Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 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.D.2. Fringe Benefits, Retirement Benefit, Employee Contributions, of the MOU is amended to read as follows: 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the Ca1PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. Employee retirement contributions that are in addition to the normal CaIPERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation and will be made on a pre-tax basis through payroll deduction, to the extent allowable by law. It is recognized that these payments will not be reported to Ca1PERS as contributions toward either the Member or Employer rate, as provided under Government Code Section 20516(f). Under a separate agreement and ratified via a contract amendment with Ca1PERS in 2008, Tier I employees shall contribute 2.42% compensation earnable (as cost sharing) per Government Code section 20516(a). Tier I Employees - shall contribute a total employee contribution of 13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of Page 1 of 4 compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(0. Temporary Reduction. Effective the pay period that includes January 1, 2023, Tier I Employees shall contribute a total employee contribution of 11.5% as follows: Tier 1 — Eight percent (8%) member contributions, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 1.08% of compensation earnable as cost sharing per Government Code section 20516(0. This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, Tier I Employees shall contribute a total employee contribution of 13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(0. Tier II Employees - shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(f). Temporary Reduction. Effective the pay period that includes January 1, 2023, Tier II Employees shall contribute a total employee contribution of 11.5% as follows: seven percent (7%) (compensation earnable) member contribution and four and one-half percent (4.5%) of compensation earnable as cost sharing per Government Code section 20516(0. This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, Tier II employees shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(0. Tier III Employees - The minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(f), such that the total employee contribution equals 13% of pensionable compensation. Temporary Reduction. Effective the pay period that includes January 1, 2023, the minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(0, such that the total employee contribution equals no less than 11.5% of pensionable compensation (i.e., the greater of 11.5% or 50% of the "total normal cost"). This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Page 2 of 4 Accordingly, effective the pay period that includes January 1, 2025, the minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(0, such that the total employee contribution equals no less than 13% of pensionable compensation (i.e., the greater of 13% or 50% of the "total normal cost"). The City contracts with Ca1PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Government Code Section 21548) 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 Page 3 of 4 Executed this day of , 2022 ATTEST: By: FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: By: Mariah Stinson, President FOR THE CITY OF N .- PORT BEACH: By: Kevin ► ldoon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: 61..._ G.-........ ar8n C. Harp, City Attorney Leilani Bro, City Cler CEA Side Letter Agreement Page 4 of 4 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION —This Side Letter of Agreement ("Agreement") is made and entered into this 23 day of Pill C' V S 1 2022, by and between the City of Newport Beach ("City") and the Newportt Beach City Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 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, of the MOU is amended to read as follows: Base salary increases for all NBCEA represented classifications shall be as follows and as specified in Exhibit A: Effective the pay period that includes January 1, 2022, base salaries will be increased by one percent (1.0%) for all represented classifications. Effective the pay period that includes January 1, 2023, base salaries will be increased by three percent (3.0%) for all represented classifications. Effective the pay period that includes January 1, 2024, base salaries will be increased by three percent (3.0%) for all represented classifications. Effective the pay period that includes January 1, 2025, base salaries will be increased by three percent (3.0%) for all represented classifications. 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 Z3 day of PVC'UST , 2022 ATTEST: By: FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: By: rason Alexander, President FOR THE CITY OF ► WPOR BEACH: Bv: Kevin ► ' ldoon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: c Aron C. Harp, City Attorney Leilani Brown, CitypClerk Attachment: Exhibit A — Salary Schedule with Cost -of -Living Adjustment EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Assistant, Administrative 75 1 $ 31.56 $ 5,470 $ Assistant, Administrative 75 2 $ 33.14 $ 5,744 $ Assistant, Administrative 75 3 $ 34.78 $ 6,029 $ Assistant, Administrative 75 4 $ 36.50 $ 6,327 $ Assistant, Administrative 75 5 $ 38.34 $ 6,646 $ Assistant, Administrative 75 6 $ 40.24 $ 6,975 $ Assistant, Administrative 75 7 $ 42.29 $ 7,331 $ Assistant, Administrative 75 8 $ 44.35 $ 7,687 $ Assistant, Department 55 1 $ 25.33 $ 4,390 $ Assistant, Department 55 2 $ 26.58 $ 4,607 $ Assistant, Department 55 3 $ 27.89 $ 4,835 $ Assistant, Department 55 4 $ 29.29 $ 5,077 $ Assistant, Department 55 5 $ 30.77 $ 5,334 $ Assistant, Department 55 6 $ 32.30 $ 5,599 $ Assistant, Department 55 7 $ 33.91 $ 5,878 $ Assistant, Department 55 8 $ 35.61 $ 6,172 $ Assistant, Office 15 1 $ 21,65 $ 3,752 $ Assistant, Office 15 2 $ 22.74 $ 3,941 $ Assistant, Office 15 3 $ 23.88 $ 4,140 $ Assistant, Office 15 4 $ 25.09 $ 4,349 $ Assistant, Office 15 5 $ 26.33 $ 4,564 $ Assistant, Office 15 6 $ 27.65 $ 4,794 $ Assistant, Office 15 7 $ 29.02 $ 5,029 $ Assistant, Office 15 8 $ 30.47 $ 5,282 $ Buyer 01 1 $ 31.63 $ 5,483 $ Buyer 01 2 $ 33.22 $ 5,758 $ Buyer 01 3 $ 34.87 $ 6,044 $ Buyer 01 4 $ 36.62 $ 6,348 $ Buyer 01 5 $ 38.45 $ 6,665 $ Buyer 01 6 $ 40.37 $ 6,998 $ Buyer 01 7 $ 42.40 $ 7,350 $ Buyer 01 8 $ 44.48 $ 7,710 $ Buyer, Senior 55A I. $ 37.33 $ 6,470 $ Buyer, Senior 55A 2 $ 39.20 $ 6,795 $ Buyer, Senior 55A 3 $ 41.14 $ 7,130 $ Buyer, Senior 55A 4 $ 43.20 $ 7,488 $ Buyer, Senior 55A 5 $ 45.35 $ 7,861 $ Buyer, Senior 55A 6 $ 47.62 $ 8,254 $ 65 644 68 923 72 350 75 927 79 752 83,701 87,973 92,245 52,680 55,287 58,019 60,925 64,005 67,184 70,537 74,064 45,029 47,290 49,674 52,183 54,766 57,522 60,354 63,384 65,793 69,097 72,524 76,175 79,975 83,974 88,196 92,518 77,641 81,540 85,563 89,861 94,331 99,050 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Buyer, Senior 55A 7 $ 49.98 $ 8,664 $ 103,968 Buyer, Senior 55A 8 $ 52.52 $ 9,103 $ 109,233 Fiscal Clerk 31 1 $ 22.83 $ 3,957 $ 47,488 Fiscal Clerk 31 2 $ 24.01 $ 4,162 $ 49,947 Fiscal Clerk 31 3 $ 25.21 $ 4,369 $ 52,431 Fiscal Clerk 31 4 $ 26.44 $ 4,582 $ 54,989 Fiscal Clerk 31 5 $ 27.76 $ 4,812 $ 57,746 Fiscal Clerk 31 6 $ 29.17 $ 5,056 $ 60,677 Fiscal Clerk 31 7 $ 30.63 $ 5,309 $ 63,707 Fiscal Clerk 31 8 $ 32.16 $ 5,574 $ 66,886 Fiscal Clerk, Senior 65 1 $ 26.58 $ 4,607 $ 55,287 Fiscal Clerk, Senior 65 2 $ 27.86 $ 4,829 $ 57,945 Fiscal Clerk, Senior 65 3 $ 29,29 $ 5,077 $ 60,925 Fiscal Clerk, Senior 65 4 $ 30.77 $ 5,334 $ 64,005 Fiscal Clerk, Senior 65 5 $ 32.29 $ 5,597 $ 67,159 Fiscal Clerk, Senior 65 6 $ 33.90 $ 5,876 $ 70,512 Fiscal Clerk, Senior 65 7 $ 35.61 $ 6,172 $ 74,064 Fiscal Clerk, Senior 65 8 $ 37.40 $ 6,482 $ 77,790 Fiscal Specialist 85 1 $ 30.80 $ 5,338 $ 64,054 Fiscal Specialist 85 2 $ 32.36 $ 5,609 $ 67,308 Fiscal Specialist 85 3 $ 33.96 $ 5,886 $ 70,636 Fiscal Specialist 85 4 $ 35.66 $ 6,180 $ 74,163 Fiscal Specialist 85 5 $ 37.47 $ 6,495 $ 77,939 Fiscal Specialist 85 6 $ 39.30 $ 6,812 $ 81,739 Fiscal Specialist 85 7 $ 41.29 $ 7,157 $ 85,887 Fiscal Specialist 85 8 $ 43.35 $ 7,513 $ 90,159 Inventory Analyst 90 1 $ 27.09 $ 4,696 $ 56,355 Inventory Analyst 90 2 $ 28.43 $ 4,928 $ 59,137 Inventory Analyst 90 3 $ 29.84 $ 5,172 $ 62,067 Inventory Analyst 90 4 $ 31.34 $ 5,433 $ 65,197 Inventory Analyst 90 5 $ 32.93 $ 5,708 $ 68,500 Inventory Analyst 90 6 $ 34.58 $ 5,994 $ 71,928 Inventory Analyst 90 7 $ 36.32 $ 6,296 $ 75,554 Inventory Analyst 90 8 $ 38.15 $ 6,613 $ 79,354 Librarian I 20 1 $ 31.15 $ 5,400 $ 64,800 Librarian I 20 2 $ 32.71 $ 5,669 $ 68,029 Librarian I 20 3 $ 34.32 $ 5,948 $ 71,382 Librarian I 20 4 $ 36.07 $ 6,253 $ 75,033 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Librarian I 20 5 $ 37.85 $ 6,561 $ 78,734 Librarian I 20 6 $ 39.80 $ 6,898 $ 82,781 Librarian I 20 7 $ 41.76 $ 7,238 $ 86,855 Librarian I 20 8 $ 43.82 $ 7,596 $ 91,152 Librarian II 30A 1 $ 34.23 $ 5,934 $ 71,208 Librarian II 30A 2 $ 35.98 $ 6,236 $ 74,834 Librarian II 30A 3 $ 37.78 $ 6,549 $ 78,584 Librarian II 30A 4 $ 39.66 $ 6,874 $ 82,484 Librarian II 30A 5 $ 41.65 $ 7,219 $ 86,631 Librarian II 30A 6 $ 43.72 $ 7,577 $ 90,929 Librarian II 30A 7 $ 45.90 $ 7,956 $ 95,474 Librarian II 30A 8 $ 48.22 $ 8,358 $ 100,292 Librarian III 35A 1 $ 37.69 $ 6,532 $ 78,386 Librarian III 35A 2 $ 39.54 $ 6,853 $ 82,235 Librarian III 35A 3 $ 41.52 $ 7,197 $ 86,358 Librarian III 35A 4 $ 43.63 $ 7,563 $ 90,755 Librarian III 35A 5 $ 45.83 $ 7,944 $ 95,325 Librarian III 35A 6 $ 48.09 $ 8,335 $ 100,019 Librarian III 35A 7 $ 50.52 $ 8,757 $ 105,085 Librarian III 35A 8 $ 53.02 $ 9,190 $ 110,276 Library Assistant 70 1 $ 26.50 $ 4,593 $ 55,113 Library Assistant 70 2 $ 27.79 $ 4,816 $ 57,796 Library Assistant 70 3 $ 29.20 $ 5,061 $ 60,726 Library Assistant 70 4 $ 30.65 $ 5,313 $ 63,757 Library Assistant 70 5 $ 32.18 $ 5,578 $ 66,936 Library Assistant 70 6 $ 33.82 $ 5,862 $ 70,339 Library Assistant 70 7 $ 35.49 $ 6,151 $ 73,816 Library Assistant 70 8 $ 37.27 $ 6,460 $ 77,517 Library Clerk I 05 1 $ 20.65 $ 3,579 $ 42,943 Library Clerk I 05 2 $ 21.66 $ 3,755 $ 45,054 Library Clerk I 05 3 $ 22.75 $ 3,943 $ 47,314 Library Clerk I 05 4 $ 23.88 $ 4,140 $ 49,674 Library Clerk I 05 5 $ 25.09 $ 4,349 $ 52,183 Library Clerk I 05 6 $ 26.33 $ 4,564 $ 54,766 Library Clerk I 05 7 $ 27.65 $ 4,794 $ 57,522 Library Clerk I 05 8 $ 29.03 $ 5,032 $ 60,379 Library Clerk II 30 1 $ 22.83 $ 3,957 $ 47,488 Library Clerk 11 30 2 $ 24.01 $ 4,162 $ 49,947 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Library Clerk II 30 3 $ 25.21 $ 4,369 $ 52,431 Library Clerk II 30 4 $ 26.44 $ 4,582 $ 54,989 Library Clerk II 30 5 $ 27.76 $ 4,812 $ 57,746 Library Clerk II 30 6 $ 29.17 $ 5,056 $ 60,677 Library Clerk II 30 7 $ 30.63 $ 5,309 $ 63,707 Library Clerk II 30 8 $ 32,16 $ 5,574 $ 66,886 Library Clerk, Senior 71 1 $ 26.50 $ 4,593 $ 55,113 Library Clerk, Senior 71 2 $ 27.79 $ 4,816 $ 57,796 Library Clerk, Senior 71 3 $ 29.20 $ 5,061 $ 60,726 Library Clerk, Senior 71 4 $ 30.65 $ 5,313 $ 63,757 Library Clerk, Senior 71 5 $ 32.18 $ 5,578 $ 66,936 Library Clerk, Senior 71 6 $ 33.82 $ 5,862 $ 70,339 Library Clerk, Senior 71 7 $ 35.49 $ 6,151 $ 73,816 Library Clerk, Senior 71 8 $ 37.27 $ 6,460 $ 77,517 Mail Processing Clerk, Senior 07 1 $ 23.98 $ 4,156 $ 49,873 Mail Processing Clerk, Senior 07 2 $ 25.17 $ 4,363 $ 52,356 Mail Processing Clerk, Senior 07 3 $ 26.44 $ 4,582 $ 54,989 Mail Processing Clerk, Senior 07 4 $ 27.74 $ 4,808 $ 57,696 Mail Processing Clerk, Senior 07 5 $ 29.15 $ 5,052 $ 60,627 Mail Processing Clerk, Senior 07 6 $ 30.60 $ 5,305 $ 63,657 Mail Processing Clerk, Senior 07 7 $ 32.14 $ 5,572 $ 66,861 Mail Processing Clerk, Senior 07 8 $ 33.74 $ 5,849 $ 70,189 Marketing Specialist 02 1 $ 31.56 $ 5,470 $ 65,644 Marketing Specialist 02 2 $ 33.14 $ 5,744 $ 68,923 Marketing Specialist 02 3 $ 34.77 $ 6,027 $ 72,325 Marketing Specialist 02 4 $ 36.48 $ 6,323 $ 75,877 Marketing Specialist 02 5 $ 38.35 $ 6,648 $ 79,776 Marketing Specialist 02 6 $ 40.28 $ 6,981 $ 83,775 Marketing Specialist 02 7 $ 42.27 $ 7,327 $ 87,923 Marketing Specialist 02 8 $ 44.36 $ 7,689 $ 92,269 Park Patrol Officer 89 1 $ 22.50 $ 3,899 $ 46,793 Park Patrol Officer 89 2 $ 23.63 $ 4,096 $ 49,152 Park Patrol Officer 89 3 $ 24.79 $ 4,297 $ 51,562 Park Patrol Officer 89 4 $ 26.04 $ 4,514 $ 54,169 Park Patrol Officer 89 5 $ 27.33 $ 4,738 $ 56,852 Park Patrol Officer 89 6 $ 28.71 $ 4,976 $ 59,708 Park Patrol Officer 89 7 $ 30.15 $ 5,226 $ 62,714 Park Patrol Officer 89 8 $ 31.66 $ 5,487 $ 65,843 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Park Patrol Officer, Lead 22 1 $ 25.24 $ 4,375 Park Patrol Officer, Lead 22 2 $ 26.51 $ 4,595 $ Park Patrol Officer, Lead 22 3 $ 27.82 $ 4,823 $ Park Patrol Officer, Lead 22 4 $ 29.23 $ 5,067 $ Park Patrol Officer, Lead 22 5 $ 30.69 $ 5,319 $ Park Patrol Officer, Lead 22 6 $ 32.22 $ 5,584 $ Park Patrol Officer, Lead 22 7 $ 33.83 $ 5,864 $ Park Patrol Officer, Lead 22 8 $ 35.52 $ 6,158 $ Public Works Specialist 57A 1 $ 30.69 $ 5,319 $ Public Works Specialist 57A 2 $ 32.22 $ 5,584 $ Public Works Specialist 57A 3 $ 33.84 $ 5,866 $ Public Works Specialist 57A 4 $ 35.51 $ 6,155 $ Public Works Specialist 57A 5 $ 37.29 $ 6,464 $ Public Works Specialist 57A 6 $ 39.20 $ 6,795 $ Public Works Specialist 57A 7 $ 41.12 $ 7,128 $ Public Works Specialist 57A 8 $ 43.21 $ 7,490 $ Records Specialist 76 1 $ 31.56 $ 5,470 $ Records Specialist 76 2 $ 33.14 $ 5,744 $ Records Specialist 76 3 $ 34.78 $ 6,029 $ Records Specialist 76 4 $ 36.50 $ 6,327 $ Records Specialist 76 5 $ 38.34 $ 6,646 $ Records Specialist 76 6 $ 40.24 $ 6,975 $ Records Specialist 76 7 $ 42.29 $ 7,331 $ Records Specialist 76 8 $ 44.35 $ 7,687 $ Recreation Coordinator 05A 1 $ 29.18 $ 5,058 $ Recreation Coordinator 05A 2 $ 30.65 $ 5,313 $ Recreation Coordinator 05A 3 $ 32.17 $ 5,576 $ Recreation Coordinator 05A 4 $ 33.82 $ 5,862 $ Recreation Coordinator 05A 5 $ 35.49 $ 6,151 $ Recreation Coordinator 05A 6 $ 37.27 $ 6,460 $ Recreation Coordinator 05A 7 $ 39.15 $ 6,787 $ Recreation Coordinator 05A 8 $ 41.06 $ 7,118 $ Recreation Coordinator, Assistant 07A 1 $ 23.98 $ 4,156 $ Recreation Coordinator, Assistant 07A 2 $ 25.17 $ 4,363 $ Recreation Coordinator, Assistant 07A 3 $ 26.44 $ 4,582 $ Recreation Coordinator, Assistant 07A 4 $ 27.74 $ 4,808 $ Recreation Coordinator, Assistant 07A 5 $ 29.15 $ 5,052 $ Recreation Coordinator, Assistant 07A 6 $ 30.60 $ 5,305 $ 52,506 55,138 57,870 60,801 63,831 67,010 70,363 73,890 63,831 67,010 70,388 73,865 77,566 81,540 85,538 89,885 65,644 68,923 72,350 75,927 79,752 83,701 87,973 92,245 60,702 63,757 66,910 70,339 73,816 77,517 81,441 85,414 49,873 52,356 54,989 57,696 60,627 63,657 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Recreation Coordinator, Assistant 07A 7 $ 32.14 $ 5,572 $ 66,861 Recreation Coordinator, Assistant 07A 8 $ 33.74 $ 5,849 $ 70,189 Recreation Supervisor 04 1 $ 34.11 $ 5,913 $ 70,952 Recreation Supervisor 04 2 $ 35.83 $ 6,211 $ 74,532 Recreation Supervisor 04 3 $ 37.61 $ 6,518 $ 78,218 Recreation Supervisor 04 4 $ 39.48 $ 6,843 $ 82,115 Recreation Supervisor 04 5 $ 41.48 $ 7,190 $ 86,274 Recreation Supervisor 04 6 $ 43.53 $ 7,545 $ 90,539 Recreation Supervisor 04 7 $ 45.74 $ 7,929 $ 95,147 Recreation Supervisor 04 8 $ 48.02 $ 8,324 $ 99,886 Hourly pay rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Assistant, Administrative 75 1 $ 32.51 $ 5,634 $ 67,614 Assistant, Administrative 75 2 $ 34.13 $ 5,916 $ 70,991 Assistant, Administrative 75 3 $ 35.83 $ 6,210 $ 74,521 Assistant, Administrative 75 4 $ 37.60 $ 6,517 $ 78,204 Assistant, Administrative 75 5 $ 39.49 $ 6,845 $ 82,144 Assistant, Administrative 75 6 $ 41.45 $ 7,184 $ 86,212 Assistant, Administrative 75 7 $ 43.56 $ 7,551 $ 90,612 Assistant, Administrative 75 8 $ 45.68 $ 7,918 $ 95,012 Assistant, Department 55 1 $ 26.09 $ 4,522 $ 54,260 Assistant, Department 55 2 $ 27.38 $ 4,745 $ 56,946 Assistant, Department 55 3 $ 28.73 $ 4,980 $ 59,759 Assistant, Department 55 4 $ 30.17 $ 5,229 $ 62,753 Assistant, Department 55 5 $ 31.69 $ 5,494 $ 65,925 Assistant, Department 55 6 $ 33.27 $ 5,767 $ 69,200 Assistant, Department 55 7 $ 34.93 $ 6,054 $ 72,653 Assistant, Department 55 8 $ 36.68 $ 6,357 $ 76,286 Assistant, Office 15 1 $ 22.30 $ 3,865 $ 46,380 Assistant, Office 15 2 $ 23.42 $ 4,059 $ 48,708 Assistant, Office 15 3 $ 24.60 $ 4,264 $ 51,164 Assistant, Office 15 4 $ 25.84 $ 4,479 $ 53,748 Assistant, Office 15 5 $ 27.12 $ 4,701 $ 56,409 Assistant, Office 15 6 $ 28.48 $ 4,937 $ 59,248 Assistant, Office 15 7 $ 29.89 $ 5,180 $ 62,164 Assistant, Office 15 8 $ 31.39 $ 5,440 $ 65,286 Buyer 01 1 $ 32.58 $ 5,647 $ 67,767 Buyer 01 2 $ 34.22 $ 5,931 $ 71,170 Buyer 01 3 $ 35.91 $ 6,225 $ 74,700 Buyer 01 4 $ 37.72 $ 6,538 $ 78,460 Buyer 01 5 $ 39.60 $ 6,865 $ 82,375 Buyer 01 6 $ 41.58 $ 7,208 $ 86,493 Buyer 01 7 $ 43.67 $ 7,570 $ 90,842 Buyer 01 8 $ 45.81 $ 7,941 $ 95,293 Buyer, Senior 55A 1 $ 38.45 $ 6,664 $ 79,970 Buyer, Senior 55A 2 $ 40.38 $ 6,999 $ 83,986 Buyer, Senior 55A 3 $ 42.37 $ 7,344 $ 88,130 Buyer, Senior 55A 4 $ 44.50 $ 7,713 $ 92,556 Buyer, Senior 55A 5 $ 46.71 $ 8,097 $ 97,160 Buyer, Senior 55A 6 $ 49.05 $ 8,502 $ 102,022 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Buyer, Senior 55A 7 $ 51.48 $ 8,924 $ 107,087 Buyer, Senior 55A 8 $ 54.09 $ 9,376 $ 112,510 Fiscal Clerk 31 1 $ 23.52 $ 4,076 $ 48,913 Fiscal Clerk 31 2 $ 24.73 $ 4,287 $ 51,445 Fiscal Clerk 31 3 $ 25.96 $ 4,500 $ 54,004 Fiscal Clerk 31 4 $ 27.23 $ 4,720 $ 56,639 Fiscal Clerk 31 5 $ 28.60 $ 4,957 $ 59,479 Fiscal Clerk 31 6 $ 30.05 $ 5,208 $ 62,498 Fiscal Clerk 31 7 $ 31.55 $ 5,468 $ 65,618 Fiscal Clerk 31 8 $ 33.12 $ 5,741 $ 68,893 Fiscal Clerk, Senior 65 1 $ 27.38 $ 4,745 $ 56,946 Fiscal Clerk, Senior 65 2 $ 28.69 $ 4,974 $ 59,683 Fiscal Clerk, Senior 65 3 $ 30.17 $ 5,229 $ 62,753 Fiscal Clerk, Senior 65 4 $ 31.69 $ 5,494 $ 65,925 Fiscal Clerk, Senior 65 5 $ 33.26 $ 5,764 $ 69,174 Fiscal Clerk, Senior 65 6 $ 34.92 $ 6,052 $ 72,628 Fiscal Clerk, Senior 65 7 $ 36.68 $ 6,357 $ 76,286 Fiscal Clerk, Senior 65 8 $ 38.52 $ 6,677 $ 80,123 Fiscal Specialist 85 1 $ 31.72 $ 5,498 $ 65,976 Fiscal Specialist 85 2 $ 33.33 $ 5,777 $ 69,328 Fiscal Specialist 85 3 $ 34.98 $ 6,063 $ 72,755 Fiscal Specialist 85 4 $ 36.73 $ 6,366 $ 76,388 Fiscal Specialist 85 5 $ 38.59 $ 6,690 $ 80,277 Fiscal Specialist 85 6 $ 40.48 $ 7,016 $ 84,191 Fiscal Specialist 85 7 $ 42.53 $ 7,372 $ 88,463 Fiscal Specialist 85 8 $ 44.65 $ 7,739 $ 92,863 Inventory Analyst 90 1 $ 27.91 $ 4,837 $ 58,046 Inventory Analyst 90 2 $ 29.28 $ 5,076 $ 60,911 Inventory Analyst 90 3 $ 30.74 $ 5,327 $ 63,929 Inventory Analyst 90 4 $ 32.29 $ 5,596 $ 67,153 Inventory Analyst 90 5 $ 33.92 $ 5,880 $ 70,555 Inventory Analyst 90 6 $ 35.62 $ 6,174 $ 74,086 Inventory Analyst 90 7 $ 37.41 $ 6,485 $ 77,821 Inventory Analyst 90 8 $ 39.30 $ 6,811 $ 81,735 Librarian I 20 1 $ 32.09 $ 5,562 $ 66,744 Librarian I 20 2 $ 33.69 $ 5,839 $ 70,069 Librarian I 20 3 $ 35.35 $ 6,127 $ 73,523 Librarian I 20 4 $ 37.16 $ 6,440 $ 77,284 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Librarian I 20 5 $ 38.99 $ 6,758 $ Librarian I 20 6 $ 40.99 $ 7,105 $ Librarian I 20 7 $ 43.01 $ 7,455 $ Librarian I 20 8 $ 45.14 $ 7,824 $ Librarian II 30A 1 $ 35.26 $ 6,112 $ Librarian II 30A 2 $ 37.06 $ 6,423 $ Librarian II 30A 3 $ 38.91 $ 6,745 $ Librarian II 30A 4 $ 40.85 $ 7,080 $ Librarian II 30A 5 $ 42.90 $ 7,436 $ Librarian II 30A 6 $ 45.03 $ 7,805 $ Librarian II 30A 7 $ 47.28 $ 8,195 $ Librarian II 30A 8 $ 49.66 $ 8,608 $ Librarian III 35A 1 $ 38.82 $ 6,728 $ Librarian III 35A 2 $ 40.72 $ 7,059 $ Librarian III 35A 3 $ 42.76 $ 7,412 $ Librarian III 35A 4 $ 44.94 $ 7,790 $ Librarian III 35A 5 $ 47.20 $ 8,182 $ Librarian III 35A 6 $ 49.53 $ 8,585 $ Librarian III 35A 7 $ 52.04 $ 9,020 $ Librarian III 35A 8 $ 54.61 $ 9,465 $ Library Assistant 70 1 $ 27.29 $ 4,731 $ Library Assistant 70 2 $ 28.62 $ 4,961 $ Library Assistant 70 3 $ 30.07 $ 5,212 $ Library Assistant 70 4 $ 31.57 $ 5,472 $ Library Assistant 70 5 $ 33.15 $ 5,745 $ Library Assistant 70 6 $ 34.83 $ 6,037 $ Library Assistant 70 7 $ 36.55 $ 6,336 $ Library Assistant 70 8 $ 38.39 $ 6,654 $ Library Clerk I 05 1 $ 21.27 $ 3,686 $ Library Clerk I 05 2 $ 22.31 $ 3,867 $ Library Clerk I 05 3 $ 23.43 $ 4,061 $ Library Clerk I 05 4 $ 24.60 $ 4,264 $ Library Clerk I 05 5 $ 25.84 $ 4,479 $ Library Clerk I 05 6 $ 27.12 $ 4,701 $ Library Clerk I 05 7 $ 28.48 $ 4,937 $ Library Clerk I 05 8 $ 29.90 $ 5,182 $ Library Clerk II 30 1 $ 23.52 $ 4,076 $ Library Clerk 11 30 2 $ 24.73 $ 4,287 $ 81,096 85,265 89,461 93,887 73,344 77,079 80,942 84,958 89,230 93,657 98,338 103,301 80,737 84,702 88,949 93,477 98,184 103,019 108,238 113,585 56,766 59,530 62,548 65,669 68,944 72,449 76,030 79,842 44,231 46,406 48,734 51,164 53,748 56,409 59,248 62,190 48,913 51,445 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment :'cam'"kcy.. v. .�.�x '.rNvze4.'1✓.w.r �. ✓ .*-�.A, a.. a. _l Library Clerk II 30 ~ 3 $ 25.96 $ 4,500 $ 54,004 Library Clerk II 30 4 $ 27.23 $ 4,720 $ 56,639 Library Clerk II 30 5 $ 28.60 $ 4,957 $ 59,479 Library Clerk II 30 6 $ 30.05 $ 5,208 $ 62,498 Library Clerk II 30 7 $ 31.55 $ 5,468 $ 65,618 Library Clerk II 30 8 $ 33.12 $ 5,741 $ 68,893 Library Clerk, Senior 71 1 $ 27.29 $ 4,731 $ 56,766 Library Clerk, Senior 71 2 $ 28.62 $ 4,961 $ 59,530 Library Clerk, Senior 71 , 3 $ 30.07 $ 5,212 $ 62,548 Library Clerk, Senior 71 4 $ 31.57 $ 5,472 $ 65,669 Library Clerk, Senior 71 5 $ 33.15 $ 5,745 $ 68,944 Library Clerk, Senior 71 6 $ 34.83 $ 6,037 $ 72,449 Library Clerk, Senior 71 7 $ 36.55 $ 6,336 $ 76,030 Library Clerk, Senior 71 8 $ 38.39 $ 6,654 $ 79,842 Mail Processing Clerk, Senior 07 1 $ 24.70 $ 4,281 $ 51,369 Mail Processing Clerk, Senior 07 2 $ 25.93 $ 4,494 $ 53,927 Mail Processing Clerk, Senior 07 3 $ 27.23 $ 4,720 $ 56,639 Mail Processing Clerk, Senior 07 4 $ 28.57 $ 4,952 $ 59,427 Mail Processing Clerk, Senior 07 5 $ 30.02 $ 5,204 $ 62,446 Mail Processing Clerk, Senior 07 6 $ 31.52 $ 5,464 $ 65,567 Mail Processing Clerk, Senior 07 7 $ 33.11 $ 5,739 $ 68,867 Mail Processing Clerk, Senior 07 8 $ 34.76 $ 6,025 $ 72,295 Marketing Specialist 02 1 $ 32.51 $ 5,634 $ 67,614 Marketing Specialist 02 2 $ 34.13 $ 5,916 $ 70,991 Marketing Specialist 02 3 $ 35.81 $ 6,208 $ 74,495 Marketing Specialist 02 4 $ 37.57 $ 6,513 $ 78,154 Marketing Specialist 02 5 $ 39.50 $ 6,847 $ 82,170 Marketing Specialist 02 6 $ 41.48 $ 7,191 $ 86,288 Marketing Specialist 02 7 $ 43.54 $ 7,547 $ 90,561 Marketing Specialist 02 8 $ 45.69 $ 7,920 $ 95,037 Park Patrol Officer 89 1 $ 23.17 $ 4,016 $ 48,197 Park Patrol Officer 89 2 $ 24.34 $ 4,219 $ 50,627 Park Patrol Officer 89 3 $ 25.53 $ 4,426 $ 53,108 Park Patrol Officer 89 4 $ 26.82 $ 4,650 $ 55,794 Park Patrol Officer 89 5 $ 28.15 $ 4,880 $ 58,558 Park Patrol Officer 89 6 $ 29.57 $ 5,125 $ 61,499 Park Patrol Officer 89 7 $ 31.06 $ 5,383 $ 64,595 Park Patrol Officer 89 8 $ 32.60 $ 5,651 $ 67,818 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Park Patrol Officer, Lead 22 1 Park Patrol Officer, Lead 22 2 Park Patrol Officer, Lead 22 3 Park Patrol Officer, Lead 22 4 Park Patrol Officer, Lead 22 5 Park Patrol Officer, Lead 22 6 Park Patrol Officer, Lead 22 7 Park Patrol Officer, Lead 22 8 Public Works Specialist 57A 1 Public Works Specialist 57A 2 Public Works Specialist 57A 3 Public Works Specialist 57A 4 Public Works Specialist 57A 5 Public Works Specialist 57A 6 Public Works Specialist 57A 7 Public Works Specialist 57A 8 Records Specialist 76 1 Records Specialist 76 2 Records Specialist 76 3 Records Specialist 76 4 Records Specialist 76 5 Records Specialist 76 6 Records Specialist 76 7 Records Specialist 76 8 Recreation Coordinator 05A 1 Recreation Coordinator 05A 2 Recreation Coordinator 05A 3 Recreation Coordinator 05A 4 Recreation Coordinator 05A 5 Recreation Coordinator 05A 6 Recreation Coordinator 05A 7 Recreation Coordinator 05A 8 Recreation Coordinator, Assistant 07A 1 Recreation Coordinator, Assistant 07A 2 Recreation Coordinator, Assistant 07A 3 Recreation Coordinator, Assistant 07A 4 Recreation Coordinator, Assistant 07A 5 Recreation Coordinator, Assistant 07A 6 26.00 27.30 28.66 30.11 31.61 33.18 34.84 36.59 31.61 33.18 34.86 36.58 38.41 40.38 42.36 44.51 32.51 34.13 35.83 37.60 39.49 41.45 43.56 45.68 30.06 31.57 33.13 34.83 36.55 38.39 40.33 42.30 24.70 25.93 27.23 28.57 30.02 31.52 4,507 $ 54,081 4,733 $ 56,792 4,967 $ 59,606 5,219 $ 62,625 5,479 $ 65,746 5,752 $ 69,020 6,039 $ 72,474 6,342 $ 76,107 5,479 $ 65,746 5,752 $ 69,020 6,042 $ 72,499 6,340 $ 76,081 6,658 $ 79,893 6,999 $ 83,986 7,342 $ 88,105 7,715 $ 92,581 5,634 $ 67,614 5,916 $ 70,991 6,210 $ 74,521 6,517 $ 78,204 6,845 $ 82,144 7,184 $ 86,212 7,551 $ 90,612 7,918 $ 95,012 5,210 $ 62,523 5,472 $ 65,669 5,743 $ 68,918 6,037 $ 72,449 6,336 $ 76,030 6,654 $ 79,842 6,990 $ 83,884 7,331 $ 87,977 4,281 $ 51,369 4,494 $ 53,927 4,720 $ 56,639 4,952 $ 59,427 5,204 $ 62,446 5,464 $ 65,567 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Recreation Coordinator, Assistant Recreation Coordinator, Assistant Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor 07A 7 $ 33.11 $ 5,739 $ 68,867 07A 8 $ 34.76 $ 6,025 $ 72,295 04 1 $ 35.13 $ 6,090 $ 73,080 04 2 $ 36.91 $ 6,397 $ 76,768 04 3 $ 38.73 $ 6,714 $ 80,565 04 4 $ 40.66 $ 7,048 $ 84,578 04 5 $ 42.72 $ 7,405 $ 88,862 04 6 $ 44.83 $ 7,771 $ 93,256 04 7 $ 47.12 $ 8,167 $ 98,001 04 8 $ 49.46 $ 8,574 $ 102,882 Hourly pay rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Assistant, Administrative 75 1 $ 33,48 $ 5,804 $ 69,642 Assistant, Administrative 75 2 $ 35.15 $ 6,093 $ 73,120 Assistant, Administrative 75 3 $ 36.90 $ 6,396 $ 76,756 Assistant, Administrative 75 4 $ 38.73 $ 6,713 $ 80,551 Assistant, Administrative 75 5 $ 40.68 $ 7,051 $ 84,609 Assistant, Administrative 75 6 $ 42.69 $ 7,400 $ 88,798 Assistant, Administrative 75 7 $ 44.87 $ 7,778 $ 93,330 Assistant, Administrative 75 8 $ 47.05 $ 8,155 $ 97,862 Assistant, Department 55 1 $ 26.87 $ 4,657 $ 55,888 Assistant, Department 55 2 $ 28.20 $ 4,888 $ 58,654 Assistant, Department 55 3 $ 29.59 $ 5,129 $ 61,552 Assistant, Department 55 4 $ 31.07 $ 5,386 $ 64,635 Assistant, Department 55 5 $ 32.65 $ 5,659 $ 67,903 Assistant, Department 55 6 $ 34.27 $ 5,940 $ 71,276 Assistant, Department 55 7 $ 35.98 $ 6,236 $ 74,833 Assistant, Department 55 8 $ 37.78 $ 6,548 $ 78,575 Assistant, Office 15 1 $ 22.97 $ 3,981 $ 47,771 Assistant, Office 15 2 $ 24.12 $ 4,181 $ 50,170 Assistant, Office 15 3 $ 25.34 $ 4,392 $ 52,699 Assistant, Office 15 4 $ 26.62 $ 4,613 $ 55,361 Assistant, Office 15 5 $ 27.93 $ 4,842 $ 58,101 Assistant, Office 15 6 $ 29.34 $ 5,085 $ 61,025 Assistant, Office 15 7 $ 30.78 $ 5,336 $ 64,029 Assistant, Office 15 8 $ 32.33 $ 5,604 $ 67,244 Buyer 01 1 $ 33.56 $ 5,817 $ 69,800 Buyer 01 2 $ 35.24 $ 6,109 $ 73,305 Buyer 01 3 $ 36.99 $ 6,412 $ 76,941 Buyer 01 4 $ 38.85 $ 6,735 $ 80,814 Buyer 01 5 $ 40.79 $ 7,070 $ 84,846 Buyer 01 6 $ 42.83 $ 7,424 $ 89,088 Buyer 01 7 $ 44.98 $ 7,797 $ 93,568 Buyer 01 8 $ 47.19 $ 8,179 $ 98,152 Buyer, Senior 55A 1 $ 39.60 $ 6,864 $ 82,369 Buyer, Senior 55A 2 $ 41.59 $ 7,209 $ 86,506 Buyer, Senior 55A 3 $ 43.64 $ 7,564 $ 90,774 Buyer, Senior 55A 4 $ 45.83 $ 7,944 $ 95,333 Buyer, Senior 55A 5 $ 48.11 $ 8,340 $ 100,076 Buyer, Senior 55A 6 $ 50.52 $ 8,757 $ 105,082 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment v.,:r�. i 'r. - +"` iar::.a;r, _, P.s3a.,,.s„ a, s...� ; • :+ ..�st n w 4 :, : Buyer, Senior 55A 7 $ 53.03 $ 9,192 $ 110,299 Buyer, Senior 55A 8 $ 55.71 $ 9,657 $ 115,886 Fiscal Clerk 31 1 $ 24.22 $ 4,198 $ 50,380 Fiscal Clerk 31 2 $ 25.48 $ 4,416 $ 52,989 Fiscal Clerk 31 3 $ 26.74 $ 4,635 $ 55,624 Fiscal Clerk 31 4 $ 28.05 $ 4,861 $ 58,338 Fiscal Clerk 31 5 $ 29.45 $ 5,105 $ 61,263 Fiscal Clerk 31 6 $ 30.95 $ 5,364 $ 64,372 Fiscal Clerk 31 7 $ 32.49 $ 5,632 $ 67,586 Fiscal Clerk 31 8 $ 34.12 $ 5,913 $ 70,959 Fiscal Clerk, Senior 65 1 $ 28.20 $ 4,888 $ 58,654 Fiscal Clerk, Senior 65 2 $ 29.55 $ 5,123 $ 61,473 Fiscal Clerk, Senior 65 3 $ 31.07 $ 5,386 $ 64,635 Fiscal Clerk, Senior 65 4 $ 32.65 $ 5,659 $ 67,903 Fiscal Clerk, Senior 65 5 $ 34.25 $ 5,937 $ 71,249 Fiscal Clerk, Senior 65 6 $ 35.96 $ 6,234 $ 74,806 Fiscal Clerk, Senior 65 7 $ 37.78 $ 6,548 $ 78,575 Fiscal Clerk, Senior 65 8 $ 39.68 $ 6,877 $ 82,527 Fiscal Specialist 85 1 $ 32.67 $ 5,663 $ 67,955 Fiscal Specialist 85 2 $ 34.33 $ 5,951 $ 71,407 Fiscal Specialist 85 3 $ 36.03 $ 6,245 $ 74,938 Fiscal Specialist 85 4 $ 37.83 $ 6,557 $ 78,680 Fiscal Specialist 85 5 $ 39.75 $ 6,890 $ 82,685 Fiscal Specialist 85 6 $ 41.69 $ 7,226 $ 86,717 Fiscal Specialist 85 7 $ 43.81 $ 7,593 $ 91,117 Fiscal Specialist 85 8 $ 45.99 $ 7,971 $ 95,649 Inventory Analyst 90 1 $ 28,74 $ 4,982 $ 59,787 Inventory Analyst 90 2 $ 30.16 $ 5,228 $ 62,739 Inventory Analyst 90 3 $ 31.66 $ 5,487 $ 65,847 Inventory Analyst 90 4 $ 33.25 $ 5,764 $ 69,168 Inventory Analyst 90 5 $ 34.94 $ 6,056 $ 72,672 Inventory Analyst 90 6 $ 36.69 $ 6,359 $ 76,308 Inventory Analyst 90 7 $ 38.54 $ 6,680 $ 80,155 Inventory Analyst 90 8 $ 40.47 $ 7,016 $ 84,187 Librarian I 20 1 $ 33.05 $ 5,729 $ 68,746 Librarian I 20 2 $ 34.70 $ 6,014 $ 72,172 Librarian I 20 3 $ 36.41 $ 6,311 $ 75,729 Librarian I 20 4 $ 38.27 $ 6,634 $ 79,602 i EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Librarian I 20 5 Librarian I 20 6 Librarian I 20 7 Librarian I 20 8 Librarian 11 30A 1 Librarian II 30A 2 Librarian 11 30A 3 Librarian 11 30A 4 Librarian II 30A 5 Librarian II 30A 6 Librarian II 30A 7 Librarian II 30A 8 Librarian III 35A 1 Librarian III 35A 2 Librarian III 35A 3 Librarian III 35A 4 Librarian III 35A 5 Librarian III 35A 6 Librarian III 35A 7 Librarian III 35A 8 Library Assistant 70 1 Library Assistant 70 2 Library Assistant 70 3 Library Assistant 70 4 Library Assistant 70 5 Library Assistant 70 6 Library Assistant 70 7 Library Assistant 70 8 Library Clerk I 05 1 Library Clerk I 05 2 Library Clerk I 05 3 Library Clerk I 05 4 Library Clerk I 05 5 Library Clerk I 05 6 Library Clerk I 05 7 Library Clerk I 05 8 Library Clerk 11 30 1 Library Clerk II 30 2 40.16 42.22 44.30 46.49 36.32 38.17 40.08 42.07 44.19 46.38 48.70 51.15 39.98 41.94 44.05 46.29 48.62 51.01 53.60 56.25 28.11 29.48 30.97 32.52 34.14 35.88 37.65 39.54 21.90 22.98 24.13 25.34 26.62 27.93 29.34 30.80 24.22 25.48 6,961 $ 83,529 7,319 $ 87,823 7,679 $ 92,145 8,059 $ 96,703 6,295 $ 75,544 6,616 $ 79,391 6,948 $ 83,370 7,292 $ 87,507 7,659 $ 91,907 8,039 $ 96,466 8,441 $ 101,288 8,867 $ 106,400 6,930 $ 83,159 7,270 $ 87,244 7,635 $ 91,618 8,023 $ 96,282 8,427 $ 101,130 8,842 $ 106,110 9,290 $ 111,485 9,749 $ 116,992 4,872 $ 58,469 5,110 $ 61,316 5,369 $ 64,425 5,637 $ 67,640 5,918 $ 71,012 6,219 $ 74,622 6,526 $ 78,311 6,853 $ 82,237 3,797 $ 45,559 3,983 $ 47,798 4,183 $ 50,196 4,392 $ 52,699 4,613 $ 55,361 4,842 $ 58,101 5,085 $ 61,025 5,338 $ 64,056 4,198 $ 50,380 4,416 $ 52,989 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Library Clerk II 30 3 $ 26.74 $ 4,635 $ 55,624 Library Clerk II 30 4 $ 28.05 $ 4,861 $ 58,338 Library Clerk II 30 5 $ 29.45 $ 5,105 $ 61,263 Library Clerk II 30 6 $ 30.95 $ 5,364 $ 64,372 Library Clerk II 30 7 $ 32.49 $ 5,632 $ 67,586 Library Clerk II 30 8 $ 34.12 $ 5,913 $ 70,959 Library Clerk, Senior 71 1 $ 28.11 $ 4,872 $ 58,469 Library Clerk, Senior 71 2 $ 29.48 $ 5,110 $ 61,316 Library Clerk, Senior 71 3 $ 30.97 $ 5,369 $ 64,425 Library Clerk, Senior 71 4 $ 32.52 $ 5,637 $ 67,640 Library Clerk, Senior 71 5 $ 34.14 $ 5,918 $ 71,012 Library Clerk, Senior 71 6 $ 35.88 $ 6,219 $ 74,622 Library Clerk, Senior 71 7 $ 37.65 $ 6,526 $ 78,311 Library Clerk, Senior 71 8 $ 39.54 $ 6,853 $ 82,237 Mail Processing Clerk, Senior 07 1 $ 25.44 $ 4,409 $ 52,910 Mail Processing Clerk, Senior 07 2 $ 26.70 $ 4,629 $ 55,545 Mail Processing Clerk, Senior 07 3 $ 28.05 $ 4,861 $ 58,338 Mail Processing Clerk, Senior 07 4 $ 29.43 $ 5,101 $ 61,210 Mail Processing Clerk, Senior 07 5 $ 30.92 $ 5,360 $ 64,320 Mail Processing Clerk, Senior 07 6 $ 32.47 $ 5,628 $ 67,534 Mail Processing Clerk, Senior 07 7 $ 34.10 $ 5,911 $ 70,933 Mail Processing Clerk, Senior 07 8 $ 35.80 $ 6,205 $ 74,464 Marketing Specialist 02 1 $ 33.48 $ 5,804 $ 69,642 Marketing Specialist 02 2 $ 35.15 $ 6,093 $ 73,120 Marketing Specialist 02 3 $ 36.89 $ 6,394 $ 76,730 Marketing Specialist 02 4 $ 38.70 $ 6,708 $ 80,498 Marketing Specialist 02 5 $ 40.69 $ 7,053 $ 84,635 Marketing Specialist 02 6 $ 42.73 $ 7,406 $ 88,877 Marketing Specialist 02 7 $ 44.85 $ 7,773 $ 93,278 Marketing Specialist 02 8 $ 47.06 $ 8,157 $ 97,888 Park Patrol Officer 89 1 $ 23.87 $ 4,137 $ 49,643 Park Patrol Officer 89 2 $ 25.07 $ 4,345 $ 52,146 Park Patrol Officer 89 3 $ 26.30 $ 4,558 $ 54,702 Park Patrol Officer 89 4 $ 27.63 $ 4,789 $ 57,468 Park Patrol Officer 89 5 $ 29.00 $ 5,026 $ 60,315 Park Patrol Officer 89 6 $ 30,45 $ 5,279 $ 63,344 Park Patrol Officer 89 7 $ 31.99 $ 5,544 $ 66,533 Park Patrol Officer 89 8 $ 33.58 $ 5,821 $ 69,852 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Park Patrol Officer, Lead 22 Public Works Specialist 57A Public Works Specialist 57A Public Works Specialist 57A Public Works Specialist 57A Public Works Specialist 57A Public Works Specialist 57A Public Works Specialist 57A Public Works Specialist 57A Records Specialist 76 Records Specialist 76 Records Specialist 76 Records Specialist 76 Records Specialist 76 Records Specialist 76 Records Specialist 76 Records Specialist 76 Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator 05A Recreation Coordinator, Assistant 07A Recreation Coordinator, Assistant 07A Recreation Coordinator, Assistant 07A Recreation Coordinator, Assistant 07A Recreation Coordinator, Assistant 07A Recreation Coordinator, Assistant 07A 26.78 28.12 29.52 31.01 32.56 34.18 35.89 37.69 32.56 34.18 35.90 37.67 39.56 41.59 43.63 45.85 33.48 35.15 36.90 38.73 40.68 42.69 44.87 47.05 30.96 32.52 34.13 35.88 37.65 39.54 41.54 43.57 25.44 26.70 28.05 29.43 30.92 32.47 4,642 4,875 5,116 5,375 5,643 5,924 6,221 6,533 5,643 5,924 6,223 6,530 6,857 7,209 7,562 7,947 5,804 6,093 6,396 6,713 7,051 7,400 7,778 8,155 5,367 5,637 5,915 6,219 6,526 6,853 7,200 7,551 4,409 4,629 4,861 5,101 5,360 5,628 55,703 58,496 61,395 64,504 67,719 71,091 74,648 78,390 67,719 71,091 74,675 78,363 82,290 86,506 90,748 95,359 69,642 73,120 76,756 80,551 84,609 88,798 93,330 97,862 64,398 67,640 70,985 74,622 78,311 82,237 86,400 90,616 52,910 55,545 58,338 61,210 64,320 67,534 EXHIBIT A RESOLUTION NO, 2022- The City of Newport Beach City Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Recreation Coordinator, Assistant Recreation Coordinator, Assistant Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor Recreation Supervisor 07A 7 $ 34.10 $ 5,911 $ 70,933 07A 8 $ 35.80 $ 6,205 $ 74,464 04 1 $ 36.19 $ 6,273 $ 75,273 04 2 $ 38.02 $ 6,589 $ 79,071 04 3 $ 39.90 $ 6,915 $ 82,982 04 4 $ 41.88 $ 7,260 $ 87,115 04 5 $ 44.00 $ 7,627 $ 91,528 04 6 $ 46.18 $ 8,004 $ 96,053 04 7 $ 48.53 $ 8,412 $ 100,941 04 8 $ 50.95 $ 8,831 $ 105,969 Hourly pay rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION Thii Side lie r.Ef Agreement ("Agreement") is made and entered into this I.� day of Nv by and between the City of Newport Beach ("City") and the Newport Beach City Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022 through December 31, 2025; and WHEREAS, to aid in the recognition and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, the effective date of the change below is the first day of the pay period following City Council approval of this Agreement; WHEREAS, this side letter of agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affecting bargaining unit and approved by the City Council; and NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 2, Compensation, of the MOU is amended to add Subsection L which shall read as follows: L. Lump Sum Bonus (FY 2021-22). All Bargaining Unit Employees in paid status for the entirety of the first full pay period following City Council adoption of this side letter in Fiscal Year 2021-22 will receive a one- time bonus in the amount of $2,000. The parties intend and understand that this lump sum payment is non -pensionable and will not be reported to CaIPERS. 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 regular rate for this pay period only. 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 are on the next page. City Employees Association Side Letter Agreement Page 1 of 2 Executed this I 1 day of J AI►JVAQ. I CITY OF NEWPORT BEACH: K. Leung, City Man APPROVED AS TO FORM: , 2022. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: Anne Doughty, Pr sident ATTEST: Oil/ 6) Charles Sakai, Special Counsel Leilani Brown, CitClerk City Employees Association Side Letter Agreement Page 2 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION January 1, 2022 through December 31, 2025 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION January 1, 2022 — December 31, 2025 TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Duration of Memorandum 1 Release Time 2 Scope 2 Employee Data and Access 3 Conclusiveness 3 Modifications 4 Association Dues 4 Section 2. Compensation Salary 4 Overtime 5 Standby Duty 5 Callback Duty 6 Accumulation of Compensatory Time Off 6 Shift Differential 6 Incentive Shift for Library Members 7 Court Time 7 Certificate Pay 7 Acting Pay 7 Bilingual Pay 8 Section 3. Leaves Flex Leave 8 Holiday Leave 9 Bereavement Leave 10 Leave Sellback 10 i Section 4. Fringe Benefits Insurance 11 Additional Insurance Programs 12 Employee Assistance Program 13 Retirement Benefit 13 LIUNA Supplemental Pension 15 Retiree Medical Benefit 15 Tuition Reimbursement 19 Deferred Compensation 19 Section 5. Miscellaneous Provisions Reduction in Force/Layoffs 20 Recruitment and Selection 22 9/80 Scheduling Plan 23 Labor Management Committee 23 Discipline — Notice of Intent 23 Grievance Procedure 23 Probation 25 Salary on Reclassification 25 Uniforms and Safety Equipment 25 Service Awards 26 Direct Deposit 26 Telecommuting Program 26 Separability 26 EXHIBIT A: Represented Job Classifications and Pay Rates 28 EXHIBIT B: Approved Certificates 32 ii MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA" or "Association"), a recognized employee organization, affiliated with the Laborers' International Union of North America, Local 777 (LIUNA), and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached an agreement as to wages, hours and other terms and conditions of employment. This shall apply to all affected employees for the term of January 1, 2022 through December 31, 2025 and this agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Term 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of January 1, 2022. This MOU shall remain in full force and effect until December 31, 2025, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2 2. The provisions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1 Three NBCEA officers designated by the NBCEA shall collectively be granted an annual maximum of 150 hours paid release time for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes, preparation for collective bargaining activities, and distribution of NBCEA written communication in the workplace. 4. Each January, the City will examine the number of Release Time hours the Association used the preceding year. If the Association used more than 75% of the hours normally granted (150), the Association will be granted an additional 30 hours for that year. D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 3. 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. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 3 (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Employee Data and Access The City shall provide NBCEA with access and information regarding new employees and existing unit members as required by law. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the total release time for NBCEA Officers, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. F. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 4 As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the way City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. G. Modifications Any agreement, understanding, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. H. Association Dues 1. The collection of Association dues shall be handled through the payroll deduction process. 2. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its collection of Association dues. SECTION 2. — Compensation A. Salary Base salary increases for all NBCEA represented classifications shall be as follows and as specified in Exhibit A: Effective the pay period that includes January 1, 2022, base salaries will be increased by one percent (1.0%) for all represented classifications. Effective the pay period that includes January 1, 2023, base salaries will be increased by one and one-half percent (1.5%) for all represented classifications. Effective the pay period that includes January 1, 2024, base salaries will be increased by two percent (2.0%) for all represented classifications. Effective the pay period that includes January 1, 2025, base salaries will be increased by two percent (2.0%) for all represented classifications. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 5 B. Overtime 1. Advanced Approval - Employees must have advanced approval from their supervisor to work overtime. 2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the employee's defined FLSA workweek. 3. Contract Overtime — Overtime earned for an employee whose hours paid in their defined FLSA workweek exceeds 40. For purposes of calculating hours paid for contract overtime, holidays occurring during the work week count as time worked. The use of other forms of leave do not count as hours worked for purposes of calculating hours paid for determining eligibility for contract overtime. 4. Rate at Which Overtime is Calculated — FLSA and Contract Overtime (paid at time and one half — 1.5) shall be calculated at the regular rate of pay, except that the rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 5. Workweek for Purposes of Calculating Overtime — For employees who work the 9/80 work schedule, their defined FLSA workweek shall begin exactly four hours after the start time of their shift on their alternating regular day off (i.e., their eight - hour day) and end exactly 168 hours later. For employees who work a 5/40 work schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end exactly 168 hours later the following Saturday at 12:00 a.m. 6. Work Schedule — Regardless of the type of work schedule an employee is assigned (e.g., 5/40 and 9/80), full-time employees are regularly scheduled to work 40 hours in their defined FLSA workweek. 7. Reporting Time - The City calculates overtime in tenths of an hour. Employees shall report their time worked to the nearest tenth of an hour. C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. to be reachable by telephone; c. to remain within a specified distance from the employee's workstation; and d. to refrain from activities which might impair the employee's ability to perform NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 6 their assigned duties. 2. Compensation Standby duty shall be compensated at the rate of one hour of overtime compensation for each eight hours of such duty. Standby duty on holidays shall be compensated at the rate of two hours of overtime compensation for each eight hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the period of time the employee is actually working. D. Callback Duty 1. Defined Call-back duty requires the employee to respond to a request to return to their workstation after the normal work shift has been completed and the employee has left their normal workstation. Those periods of overtime which are scheduled by the Department Director prior to the end of the normal work shift are not considered callback duty. 2. Compensation All employees shall receive a minimum of two hours pay. If an employee works more than two hours, said employee shall receive pay for actual hours worked. E. Accumulation of Compensatory Time Off Unit members who are non-exempt from overtime may receive compensatory time off (CTO), in lieu of cash, as compensation for overtime hours worked at the rate of one -and - one -half hours for each hour of overtime worked. An employee may only earn CTO if requested and then approved by the employee's supervisor. Callback time may be converted to CTO with supervisor approval. Employees may accumulate up to 80 hours of CTO. Any hours earned in excess of 80 will be paid out to the employee the following pay period. Once a unit member reduces the balance below 80 hours, additional hours may be earned again up to the 80 hour cap. F. Shift Differential Unit members who are regularly assigned a work schedule that ends beyond 6:00 p.m. shall receive a shift differential pay of $1.00 per actual hour worked; payable for each hour worked after 6:00 p.m. Overtime worked as an extension of an assigned day shift shall not qualify an employee for shift differential. The parties agree that to the extent permitted by law, the City shall report to the California NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 7 Public Employees' Retirement System (CaIPERS) shift differential pay as Special Assignment Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or Section 571.1 (b)(3) Shift Differential. G. Incentive Shift for Library Members For NBCEA members assigned to the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members who work a regularly scheduled shift of five hours on a Sunday will report their actual hours worked on their time sheet plus three hours of incentive pay at the hourly base rate. H. Court Time Employees who are required to appear in court during their off -duty hours in connection with City business shall receive a minimum of two hours pay. If an employee is actually in court for more than two hours, the member shall receive pay for actual hours worked. 1. Certificate Pay Effective January 1, 2013, the certificate pay program was modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving pay for a "sunset" certificate are considered grandfathered under the program, but no further employees shall be eligible. Effective January 1, 2014, the pay for eligible certificates was converted from a percentage -based benefit to a flat dollar amount. The complete list of eligible certificates and the corresponding benefit is listed in Exhibit B. All other procedures associated with Certificate Pay remain in effect. The parties agree that to the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) eligible certificate pays as Educational Pay pursuant to Title 2 CCR, Section 571(a)(2) and/or 571.1(b)(2). J. Acting Pay NBCEA employees are eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Once the 80 hour requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. Acting pay is an additional 7.5% of the employee's base pay rate. The parties agree that to the extent permitted by law, and in accordance with Government Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California Public Employees' Retirement System (CaIPERS) acting pay as Premium Pay pursuant to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, acting pay will not be reported as pensionable compensation to CaIPERS. The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 8 K. Bilingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, employees in positions that require additional languages as part of their normal duties shall be eligible to receive One Hundred Fifty ($150.00) dollars per month (paid each pay period) in bilingual pay. The certification process will confirm the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. The parties agree that to the extent permitted by law, the City shall report to the California Public Employees' Retirement System (Ca/PERS) bilingual pay as Special Assignment Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or 571.1(b)(3) Bilingual Premium. SECTION 3. — Leaves A. Flex Leave Members accrue flex leave in lieu of vacation and sick leave. An employee accrues a designated number of flex leave hours while in paid status and based upon years of service. Years of service is determined by the number of continuous, full-time years a member is employed by the City. All unit members shall accrue flex leave at the following hourly rates: Years of Continuous Service Hrs. Accrued Per Pay Period Annual Hours Max Allowable Balance (hours) Less than 5 6.00 156.00 468.00 5 but less than 9 6.61 171.86 515.58 9 but less than 12 7.23 187.98 563.94 12 but less than 16 8.15 211.90 635.70 16 but less than 20 8.77 228.02 684.06 20 but less than 25 9.38 243.88 731.64 25 and over 10.00 260.00 780.00 Members shall accrue three (3) months (i.e., 39 hours) of flex leave in the manner and as provided above upon completion of three (3) months of continuous employment with the City, provided however, this amount shall be reduced by any flex leave time advanced during the first three (3) months of employment. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 9 1. Limit on Accumulation Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum allowable balance as spillover pay at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year to receive spillover pay. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum allowable balance. Employees first hired or rehired by the City subsequent to July 1, 1996 are not eligible for flex leave spillover pay and are not entitled to accrue flex leave in excess of the flex leave maximum allowable balance. 2. Method of Use The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the wishes of the employee. Flex leave may be granted in % hour increments. B. Holiday Leave The following days shall be observed as paid holidays (i.e., employees shall have the day off with pay). With the exception of the "floating holiday" (where the employee chooses the day off), employees who are required to work on the holiday will receive their pay for the holiday and either pay or flex leave for the number of hours worked on the holiday. 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 % of workday) Christmas Day December 25 New Year's Eve December 31 (last % of workday) Holidays are paid based on the employee's regular workday schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work nine hours, the employee is entitled to receive nine hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 10 on a day that the employee is regularly scheduled to work eight hours, the employee is eligible to receive eight hours of holiday pay. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized paid leave (e.g. paid leave that has been reviewed and approved by the Department Director). The floating holiday is awarded on July 1. Eight hours of holiday leave is added to the member's vacation or flex leave bank on the first pay period in July each year. C. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee because of the death or terminal illness in of an immediate family member." Unit members shall be entitled to 40 hours of bereavement leave per calendar year per incident (terminal illness followed by death is considered one incident). Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. Leave hours need not be used consecutively, however they should be used in proximate time to the occurrence. For the purposes of this section, immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and the member's spouse's/domestic partner's father, mother, brother, sister, child and grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of state or federal law. A member requesting bereavement leave shall notify their supervisor as soon as possible of the need to take leave. D. Leave Sellback Employees shall have the option (on two occasions) of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for Flex at 0%. Employees shall have the option of converting accrued flex leave to cash on an hour for hour basis subject to the following: On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued flex leave which will be earned in the following calendar year. The employee can elect to receive the cash out in the pay period which includes June 30 and/or the pay period which includes December 15 for those flex /eave benefits that have been earned during that portion of the year. In no event shall the flex leave balance be reduced below NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 11 160 hours. In addition to the above, an employee who has an "unforeseen emergency" (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued flex leave. The amount of flex leave which may be cashed out is limited to the amount necessary to meet the emergency. If there is an unforeseen emergency, an employee can cash out flex leave earlier in the year than described above provided that the remaining balance is not reduced below 160 hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee association with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employees enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. Unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. The City's contribution towards the Cafeteria Plan is One Thousand, Seven Hundred Twenty -Five Dollars ($1,725), plus the minimum CaIPERS participating employer's contribution. NBCEA members who do not enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage and execute an opt -out NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 12 agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Employees hired prior to March 16, 2019 who elect to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive One Thousand Dollars ($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 March 16, 2019 who elect to opt out of medical coverage offered by the City because they have provided proof of MEC through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive Five Hundred Dollars ($500) per month in taxable cash. For these same employees, if they elect medical coverage and spend Tess than the City contribution provided above, there shall be no cash back provided. On or before July 1, 2023, 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 may only 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 as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the Benefits Information Committee. 5. Healthcare Reform The parties recognize that certain state and federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. Either party may request to reopen Section 4A(2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. Additionally, should state or federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 13 Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full-time employees with the following provisions: Short -Term Disability Long -Term Disability Benefit Amount 66.67% of covered wages 66.67% of covered wages Maximum Benefit $1,846 weekly $15,000 monthly Waiting Period 30 calendar days 180 calendar days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee terminates from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. Retirement Benefit The City contracts with the California Public Employees' Retirement System (Ca/PERS) to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented three different tiers of retirement benefits, categorized as Tier 1, Tier 11 and Tier Ill. 1. Retirement Formula Tier /: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the single highest year. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 14 Tier ll: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013, and who are current classic members of the retirement system, as defined in the Public Employees' Pension Reform Act ("PEPRA"), the retirement formula shall be 2% @ 60 calculated on the average 36 highest months' salary. Tier lll: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 11 criteria because they are new members as defined by PEPRA, the retirement formula shall be 2% @ 62 calculated on the average 36 highest months' salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the Ca/PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. Employees in each Tier will contribute 13% of pensionable pay toward the retirement benefit. Employee retirement contributions that are in addition to the normal CaIPERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation and will be made on a pre-tax basis through payroll deduction, to the extent allowable by law. It is recognized that these payments will not be reported to CaIPERS as contributions toward either the Member or Employer rate, as provided under Government Code Section 20516(f). Under a separate agreement and ratified via a contract amendment with CaIPERS in 2008, Tier / employees shall contribute 2.42% compensation earnable (as cost sharing) per Government Code section 20516(a). Tier / Employees - shall contribute a total employee contribution of 13% as follows: Tier I — Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(f). Tier /l Employees - shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(f). Tier /// Employees - The minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 15 Section 20516(f), such that the total employee contribution equals 13% of pensionable compensation. The City contracts with Ca/PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Government Code Section 21548). E. LIUNA Supplemental Pension The unit members agree to pay any costs and/or contributions associated with its members' participation in the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. The employees' contributions to the LIUNA Supplemental Pension Fund are deemed "picked -up" and treated as employer contributions. Employees cannot opt out of the "pick- up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. The Association agrees with the procedural change and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. Effective March 16, 2019, unit members agree to pick up the actual costs and contributions required by LIUNA for participation in the LIUNA Supplemental Pension Fund for as long as its members participate in the LIUNA Supplemental Pension Fund. The parties are not precluded from discussing the LIUNA Supplemental Pension in future labor negotiations. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. This includes, but is not limited to, any challenge by any member of the bargaining unit related to making contributions to the LIUNA Supplemental Pension Fund or receiving benefits from the LIUNA Supplemental Pension Fund. F. Retiree Medical Benefit This is an Integral Part Trust (IPT) RHS Retiree Health Savings (RHS) plan (formerly the Medical Expense Reimbursement Program - "MERP"). Each member has an individual RHS account ("Account"), which accumulates based on the category they fall under (see Program Structure below). Funds from the Account may be used for eligible health care expenses after separation, retirement or a change in personnel status to a position that does not receive the RHS benefit. These changes in personnel status will activate the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 16 Account and allow funds to be withdrawn until the Account balance is depleted. Since the plan restricts all distributions to be spent for health insurance premiums and health care expenses, as defined by the Internal Revenue Code Publication 502, § 213(d) and the Plan document the contributions, fund investment earnings and benefit payments (when withdrawn from the Account) are not taxable when posted. Additionally, certain contributions may only be deposited upon retirement from the City. The categories are provided below. 1. Background In 2005, the City and NBCEA 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 is ongoing for an extended period. During the transition, employees and (then) existing retirees were administratively classified into different categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees who become eligible for the benefit after January 1, 2006. This may include new hires, rehires and part-time employees appointing to full-time status. b. Category 2 - Employees who were active and enrolled in the previous defined benefit as of December 31, 2005, eligible for the new defined contribution program as of January 1, 2006 and whose age plus years of service as of January 1, 2006 was less than 50. c. Category 3 - Employees who were active and enrolled in the previous defined benefit as of December 31, 2005, eligible for the new defined contribution program as of January 1, 2006 and whose age plus years of service as of January 1, 2006 was 50 or greater. 2. Eligibility All Association members are eligible for the RHS benefit. However, if a member separates or changes positions to a bargaining unit which does not offer this benefit, the member is no longer eligible for any contributions to the plan and their Account will be activated for use and withdrawal of funds by the employee (or former employee). This means if a unit member subsequently reappoints to a position which offers the RHS benefit, they will be enrolled in "Category 1" and must revest in the program. Any remaining balance deposited during prior eligibility will remain in the Account. Employees who become ineligible (no longer covered by City employee association offering the RHS benefit) before vesting forfeit the City's Part B contribution. Said employee will only receive Part A and Part C contributions. The only exception is an active employee who separates before vesting due to an approved industrial disability. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 17 In such case, 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 Account at the time of separation. 3. Account Contributions Account contributions are categorized as Part A, Part B and Part C. Part A contributions are a mandatory, automatic 1% employee contribution deducted each pay period and deposited into the Account through payroll. Deductions begin the pay period in which the employee becomes eligible and are reported to Ca1PERS as pensionable. Part B contributions require a five year vesting period which begins when the employee becomes eligible for the RHS benefit. At the conclusion of the vesting period, the City will credit the first five years' worth of Part B contributions into the Account (interest does not accrue during that period and the contributions are calculated at $2.50 per month for each year of the employee's full-time service plus age) and begin to contribute $2.50 per month for each year of the employee's full-time service plus age (e.g. 30 years old and five years of service would be a factor of 35. $2.50 x 35 = $87.50 per month). This factor is updated annually in the pay period including January 1. Part B contributions are not reported to CaIPERS as pensionable. The parties agree that the City's Part B contributions during active employment constitute the minimum Ca1PERS participating employer's contribution (i.e., the Ca1PERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for retirees selecting a Ca1PERS medical plan, or any other plan with a similar employer contribution requirement, the required employer contribution will be deducted from the employer's contribution to the retiree's account. Part C contributions are determined by Association election and deposited into the Account when flex leave hours are converted to taxable cash through leave cash -out or at the time of separation or status change. Spillover pay does not qualify for Part C contributions. Part C contributions are not reported to Ca/PERS as pensionable. The Association determines the level of contribution for all unit members, subject to the following constraints. All employees within the Association must participate at the same level. The participation level shall be specified as a percentage of the flex leave balance available in each employee's leave bank at the time of separation from the City, or status change, or as a percentage of the flex leave balance being cashed out. For example, if the Association wishes to elect 30% Part C contributions, then each member leaving the City, or cashing out eligible leave at any other time, would have the cash equivalent of 30% of the amount that is cashed out deposited to their RHS Account on a pre-tax basis. The remaining 70% would be paid in cash as taxable NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 18 income. Individual employees do not have the option to deviate from this breakout. The Association may change the Part C contribution amount as part of a meet and confer process. 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. The Association has decided to participate in Part C contributions at the level of zero percent (0%) flex leave. Nothing in this section restricts taking leave for time off purposes. 4. Benefit a. Category 1: Employees in this category make Part A and receive Part B contributions (subject to vesting) automatically each pay period through payroll deductions. Part C contributions are received through cash outs. No contributions are made to Category 1 participants after separation. b. Category 2: Employees in this category make Part A and receive Part B contributions (subject to vesting) automatically each pay period through payroll deductions. Part C contributions are received through cash outs. No contributions are made to Category 2 participants after separation. If a Category 2 participant retires from the City with a minimum of 5 consecutive years of full-time service, the City will contribute to the participant's Account a one-time contribution equal to $100 per month for every month the participant contributed to the previous "defined benefit" plan up to a maximum of 15 years (180 months). This contribution is deposited into the Account at the time of retirement, and only if the employee retires from the City and becomes a CaIPERS annuitant of the City of Newport Beach. No interest will be earned in the interim. Category 2 participants with less than five years of continuous contributions into the prior defined benefit plan as of January 1, 2006: only the years of service after January 1, 2006 count towards Part B contributions upon vesting. Contributions in years before 2006 will be paid out as stated in the above paragraph. c. Category 3: Employees in this category make Part A contributions automatically each pay period through payroll deductions. Category 3 participants do not receive any Part B contributions. Part C contributions are received through cash outs. If an eligible Category 3 participant retires from the City of Newport Beach, the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 19 City will deposit $400 per month into the Account upon retirement, up to a maximum of $4, 800 per year, less the CaIPERS minimum required employer contribution as determined by CaIPERS annually, which shall continue as long as the employee or surviving spouse/qualified dependent is still living. To offset this expense to the City, active Category 3 participants will contribute an additional $100 per month to the plan until retirement. There is no cash out option for these funds and they cannot be spent in advance of receipt. Category 3 participants 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 is deposited into the Account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. Contributions are contingent upon remaining a CaIPERS annuitant of the City. 5. 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 has the authority to determine investment options that will be available through the plan. G. Tuition Reimbursement NBCEA members attending accredited community colleges, colleges, trade schools or universities, or recognized professional organizations or agencies may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related coursework, seminars or professional development programs. The maximum annual benefit is $2,000 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director or designee. H. Deferred Compensation All members: Each unit member shall have the right to enroll in the deferred compensation program set up by the City and subject to the rules of IRS Code section 457. Unit members who enroll in the City deferred compensation program are eligible for City contributions to their City deferred compensation account as follows: One -Time Deposit: Effective the first day of the pay period which includes January 1, NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 20 2023, unit members who are enrolled in the City's deferred compensation program will receive a one-time deposit of five hundred dollars ($500). The City is only obligated to make the contribution if the unit member has enrolled in the deferred compensation program as of the first day of the pay period which includes January 1, 2023. This deposit is for this pay period only and does not carry over to subsequent pay periods. There is no retroactivity. Matching City Contributions: Effective the first day of the pay period which includes January 1, 2023, the City shall match a unit member's deferred compensation contribution up to a maximum of thirty dollars ($30) per month. The City is only obligated to make the contribution if the unit member has enrolled in the deferred compensation program. There is no retroactivity. Additional matching City contributions to Deferred Compensation Based on Years of Service: In addition to the City contribution provided above, the City shall match contributions to eligible unit members' deferred compensation accounts as follows: Years of Service January 1, 2023 January 1, 2024 January 1, 2025 15-19 $20 $25 $30 20-25 $25 $30 $35 25+ $30 $35 $40 Under federal law, there is an annual maximum contribution which may be made to an employee's IRS Code section 457 account. Although the City will be making contributions to the members' accounts each pay period as described above, it is the members' responsibility to track their total contribution amount. If a member's account contributions reach the annual IRS Code section 457 maximum, the City will stop making contributions for the remainder of the calendar year and shall not owe the member any additional compensation under this section. SECTION 5. — Miscellaneous A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 21 DEFINITIONS 1. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 2. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 3. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 4. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted regular status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; and b. Seniority shall include time spent on all City, state and/or federally protected and authorized leaves but shall not include time spent on any unauthorized leave of absence. 5. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher -ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Probationary employees within any Classification shall be laid off before regular employees. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 22 2. Employees within a Classification shall be laid off in inverse order of Seniority. 3. An employee subject to Layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping rights shall notify the Department Director within three (3) working days after notice of Layoff of their intention to exercise Bumping Rights. 4. In the event two or more employees in the same Classification are subject to Layoff and have the same Seniority, the employees shall be laid off following the Department Director's consideration of finalized performance evaluations. NOTICE Employees subject to Lay-off shall be given at least thirty (30) days advance notice of the Layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave and holiday leave (if any). REEMPLOYMENT Employees who are laid off shall be placed on a Department re-employment list in reverse order of Layoff. The re-employment list shall expire in eighteen (18) months. In the event a vacant position occurs in the Classification which the employee occupied at the time of Layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at 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. SEVERANCE If an employee is Laid Off from their job with the City for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City up to ten (10) weeks of pay. B. Recruitment and Selection Position vacancy announcements for available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. In order to select the most qualified individual for vacant positions the City will continue its practice of "banding" candidates into one of the following ratings: Outstanding, Highly Recommended, Recommended, and Not Recommended, during the testing process. Department Directors review qualified candidates in band order, beginning with the top band and are permitted to hire any eligible candidate from the list (minimum rating of Recommended). NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 23 Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. C. 9/80 Scheduling Plan Unit members work either a 5/40 or 9/80 work schedule. Employees assigned to the 9/80 work schedule will have alternating Fridays off with the City determining which employees will work on each alternating Friday to ensure effective coverage of the work. Supervisors may approve a different alternating day off based on extenuating business circumstances. The City agrees to maintain flex -scheduling where it is currently operating successfully in this unit. D. Labor Management Committee The City will work with NBCEA leadership, through its managers, to establish labor- management committees departmentally whenever it is mutually determined it is appropriate to do so. E. Discipline - Notice of Intent Employees who are to be the subject of discipline equal to an unpaid suspension of three (3) days or greater shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity for to a Skelly meeting before their Department Director prior to the imposition of the penalty. All other discipline resulting in less than a three (3) day suspension is not subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject of a suspension of one or two days who wish to appeal the suspension shall have the right to appeal the decision to the City Manager or designee. F. Grievance Procedure Step 1: A grievance may be filed by any employee their own behalf, or jointly by a group of employees, or by the Association. Except as otherwise provided by law, the Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of this MOU. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 24 A grievance shall be brought to the attention of the immediate supervisor for discussion within ten (10) days after an employee or Association Board member knew, or in the exercise of reasonable diligence should have known, the act or events upon which the grievance arises. If the Employee or the Association (if filed by the Association is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee or Association shall have the right to file a formal grievance in accordance with Step 2 of this section. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head, the grievance shall be presented in Step 2. Step 2: If the employee or the Association (if filed by the Association) is not in agreement with the decision rendered in Step 1, the grievant shall have the right to present a formal grievance to the Department Director within ten (10) Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the Employee or Association fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance, the facts upon which the grievance is based, the rule, regulation or policy the interpretation of which is involved in the grievance, and the specific remedy or remedies sought by the grievant. The Department Director should render a written decision within ten (10) Days after receipt of the formal grievance. Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after conducting a grievance hearing. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. Time Limits: Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee or Association within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 25 G. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails their promotional probation, the employee shall have the right to return to their former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to their former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in their former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. H. Salary on Reclassification An employee who is reclassified will be provided with a salary increase to the nearest step closest to five (5%) percent (not to exceed the maximum of the new salary range). I. Uniforms and Safety Equipment For assigned Park Patrol staff, uniforms shall be worn at all times during regular business NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 26 hours. Park Patrol shall be provided with City designated shirts, shorts, pants, boots, jacket, and hat annually. Additional equipment or supplies may be issued to employees by the Department as deemed appropriate. If the provided winter jacket or work boots are lost, the employee shall replace the item with one from an authorized vendor. Work boots shall provide toe protection and meet Department safety standards. The Department Head or designee may approve exceptions to wearing uniforms. The City will continue its practice of directly paying for dry cleaning for individuals in the Park Patrol classification. J. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. K. Direct Deposit All employees shall participate in the payroll direct deposit system. L. Telecommutinq Program The City agrees to a telecommuting program that will provide for 80 hours of telecommuting hours to be used in accordance with City policy. While unit members are invited to participate in policy formation, the terms and conditions are subject to management approval before the program will be implemented. Additionally, the provisions of the policy shall not trigger any right of grievance or appeal. This will be a pilot program which shall terminate upon the expiration of this MOU. Once approved, a copy of the policy governing this program will be attached as an addendum to this MOU. 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. Signatures are on the next page. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 27 Executed this 1ck day of ND VE Ot F3EQ , 2021: FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: By: ATTEST: By: Leilani Brown, City erk Anne Doughty, President By: By: FOR THE CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH APPROVED AS TO FORM Ou".011.1%..... C., Aaron C. Harp, City Attorney NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2022-2025 28 Exhibit A NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 1.0 % Cost of Living Adjustment Effective the pay period including January 1, 2022 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Assistant, Administrative $30.64 $43.06 $5,311 $7,463 Assistant, Department $24.59 $34.57 $4,262 $5,992 Assistant, Office $21.02 $29.59 $3,643 $5,128 Buyer $30.71 $43.18 $5,323 $7,485 Buyer, Senior $36.24 $50.99 $6,282 $8,838 Fiscal Clerk $22.17 $31.22 $3,842 $5,412 Fiscal Clerk, Senior $25.81 $36.31 $4,473 $6,294 Fiscal Specialist $29.90 $42.08 $5,182 $7,294 Inventory Analyst $26.30 $37.04 $4,559 $6,420 Librarian I $30.25 $42.55 $5,243 $7,375 Librarian II $33.24 $46.81 $5,761 $8,114 Librarian III $36.59 $51.47 $6,342 $8,922 Library Assistant $25.72 $36.18 $4,459 $6,272 Library Clerk I $20.04 $28.18 $3,474 $4,885 Library Clerk II $22.17 $31.22 $3,842 $5,412 Library Clerk, Senior $25.72 $36.18 $4,459 $6,272 Marketing Specialist $30.64 $43.07 $5,311 $7,465 Park Patrol Officer $21.84 $30.73 $3,786 $5,327 Park Patrol Officer, Lead $24.51 $34.49 $4,248 $5,978 Public Works Specialist $29.79 $41.96 $5,164 $7,272 Records Specialist $30.64 $43.06 $5,311 $7,463 Recreation Coordinator $28.33 $39.87 $4,911 $6,911 Recreation Supervisor $33.12 $46.62 $5,740 $8,081 ' Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 29 Exhibit A NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 1.5 % Cost of Living Adjustment Effective the pay period including January 1, 2023 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Assistant, Administrative $31.10 $43.70 $5,391 $7,575 Assistant, Department $24.96 $35.09 $4,326 $6,082 Assistant, Office $21.33 $30.03 $3,698 $5,205 Buyer $31.17 $43.83 $5,403 $7,598 Buyer, Senior $36.78 $51.75 $6,376 $8,970 Fiscal Clerk $22.50 $31.69 $3,900 $5,493 Fiscal Clerk, Senior $26.19 $36.85 $4,540 $6,388 Fiscal Specialist $30.35 $42.71 $5,260 $7,404 Inventory Analyst $26.70 $37.60 $4,628 $6,517 Librarian I $30.70 $43.18 $5,321 $7,485 Librarian II $33.74 $47.52 $5,848 $8,236 Librarian III $37.14 $52.25 $6,437 $9,056 Library Assistant $26.11 $36.72 $4,526 $6,366 Library Clerk I $20.35 $28.61 $3,526 $4,958 Library Clerk II $22.50 $31.69 $3,900 $5,493 Library Clerk, Senior $26.11 $36.72 $4,526 $6,366 Marketing Specialist $31.10 $43.71 $5,391 $7,577 Park Patrol Officer $22.17 $31.19 $3,843 $5,407 Park Patrol Officer, Lead $24.88 $35.01 $4,312 $6,068 Public Works Specialist $30.24 $42.58 $5,242 $7,381 Records Specialist $31.10 $43.70 $5,391 $7,575 Recreation Coordinator $28.76 $40.47 $4,985 $7,014 Recreation Supervisor $33.61 $47.32 $5,827 $8,203 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 30 Exhibit A NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 2.0 % Cost of Living Adjustment Effective the pay period including January 1, 2024 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Assistant, Administrative $31.72 $44.58 $5,499 $7,727 Assistant, Department $25.46 $35.79 $4,413 $6,204 Assistant, Office $21.76 $30.63 $3,772 $5,309 Buyer $31.79 $44.71 $5,511 $7,749 Buyer, Senior $37.52 $52.79 $6,503 $9,150 Fiscal Clerk $22.95 $32.32 $3,978 $5,603 Fiscal Clerk, Senior $26.72 $37.59 $4,631 $6,516 Fiscal Specialist $30.95 $43.57 $5,365 $7,552 Inventory Analyst $27.23 $38.35 $4,720 $6,647 Librarian I $31.31 $44.05 $5,428 $7,635 Librarian II $34.41 $48.47 $5,965 $8,401 Librarian III $37.88 $53.29 $6,566 $9,237 Library Assistant $26.63 $37.46 $4,616 $6,493 Library Clerk I $20.75 $29.18 $3,597 $5,057 Library Clerk II $22.95 $32.32 $3,978 $5,603 Library Clerk, Senior $26.63 $37.46 $4,616 $6,493 Marketing Specialist $31.72 $44.59 $5,499 $7,729 Park Patrol Officer $22.61 $31.82 $3,920 $5,515 Park Patrol Officer, Lead $25.37 $35.71 $4,398 $6,189 Public Works Specialist $30.85 $43.44 $5,347 $7,529 Records Specialist $31.72 $44.58 $5,499 $7,727 Recreation Coordinator $29.33 $41.28 $5,085 $7,154 Recreation Supervisor $34.29 $48.27 $5,943 $8,367 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 31 Exhibit A NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 2.0 % Cost of Living Adjustment Effective the pay period including January 1, 2025 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Assistant, Administrative $32.36 $45.47 $5,608 $7,881 Assistant, Department $25.97 $36.51 $4,501 $6,328 Assistant, Office $22.20 $31.24 $3,847 $5,415 Buyer $32.43 $45.60 $5,621 $7,904 Buyer, Senior $38.27 $53.84 $6,633 $9,333 Fiscal Clerk $23.41 $32.97 $4,057 $5,715 Fiscal Clerk, Senior $27.25 $38.34 $4,724 $6,646 Fiscal Specialist $31.57 $44.44 $5,473 $7,703 Inventory Analyst $27.78 $39.11 $4,815 $6,780 Librarian I $31.94 $44.93 $5,536 $7,788 Librarian II $35.10 $49.43 $6,084 $8,569 Librarian III $38.64 $54.36 $6,697 $9,422 Library Assistant $27.17 $38.21 $4,709 $6,623 Library Clerk I $21.17 $29.76 $3,669 $5,159 Library Clerk II $23.41 $32.97 $4,057 $5,715 Library Clerk, Senior $27.17 $38.21 $4,709 $6,623 Marketing Specialist $32.36 $45.48 $5,608 $7,883 Park Patrol Officer $23.06 $32.45 $3,998 $5,625 Park Patrol Officer, Lead $25.88 $36.42 $4,486 $6,313 Public Works Specialist $31.46 $44.30 $5,454 $7,680 Records Specialist $32.36 $45.47 $5,608 $7,881 Recreation Coordinator $29.92 $42.10 $5,186 $7,298 Recreation Supervisor $34.97 $49.23 $6,062 $8,534 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 32 Exhibit B CITY EMPLOYEES ASSOCIATION List of Proposed Certifications for Pay MOU Term: January 1, 2022 - December 31, 2025 CERTIFICATE MONTHLY AMOUNT Forklift Training Certificate * $45 Public Notary** $45 *Only those unit members who were receiving the certificate pay at time of the 2012- 15 MOU are eligible for the benefit. **Language added in 2015-18 MOU: only available to CEA members in Certified Revenue Officer Certificate removed upon adoption of the 2022-25 MOU. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION January 1, 2019 through December 31, 2021 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION January 1, 2019 — December 31, 2021 TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Term 1 Release Time 2 Scope 2 Employee Data and Access 3 Conclusiveness 4 Modifications 4 Association Dues 4 Section 2. Compensation Salary 4 Overtime 5 Standby Duty 6 Call -Back Duty 6 Accumulation of Compensatory Time Off 6 Night Shift Differential 7 Incentive Shift for Library Members 7 Court Time 7 Acting Pay 7 Certificate Pay 8 Bi-lingual Pay 8 One -Time Payment 8 Section 3. Leaves Flex Leave 9 Holiday Leave 10 Bereavement Leave 11 Leave Sellback 11 i Section 4. Fringe Benefits Insurance 12 Additional Insurance Programs 14 Employee Assistance Program 14 Retirement Benefit 15 LIUNA Supplemental Pension 16 Retiree Medical Benefit 17 Tuition Reimbursement 21 Section 5. Miscellaneous Provisions Reduction in Force/Layoffs 21 Banding 23 9/80 Scheduling Plan 24 Labor Management Committee 24 Discipline — Notice of Intent 25 Grievance Procedure 25 Probation 26 Salary on Reclassification 28 Uniforms and Safety Equipment 28 Service Awards 28 Direct Deposit 28 Deferred Compensation 28 Separability 28 EXHIBIT A: Represented Job Classifications and Pay Rates 31 EXHIBIT B: Approved Certificates 34 ii MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA" or "Association"), a recognized employee organization, affiliated with the Laborers' International Union of North America, Local 777 (LIUNA), and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached an agreement as to wages, hours and other terms and conditions of employment for the term of January 1, 2019 through December 31, 2021 and this agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Term 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall 2 be considered effective as of January 1, 2019. This MOU shall remain in full force and effect until December 31, 2021, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The provisions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBCEA officers designated by the NBCEA shall collectively be granted an annual maximum of 150 hours paid release time for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes, preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. 4. Each January, the City will examine the number of Release Time hours the Association used the preceding year. If the Association used in excess of 75% of the hours normally granted (150), the Association will be granted an additional 30 hours for that year. D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 (i) 3 3. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Employee Data and Access In January and July of each year, the City shall provide NBCEA a list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the total release time for NBCEA Officers, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 4 F Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. G. Modifications Any agreement, understanding, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. H. Association Dues 1. The collection of Association dues shall be handled through the payroll deduction process. 2. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its collection of Association dues. SECTION 2. — Compensation A. Salary Base salary increases for all NBCEA represented classifications shall be as follows and as specified in Exhibit A: NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 5 Effective the pay period following City Council approval of this MOU, there shall be a base salary increase of two percent (2.0%) for all represented classifications. Effective the pay period that includes January 1, 2020, base salaries will be increased by two percent (2.0%) for all represented classifications. Effective the pay period that includes January 1, 2021, base salaries will be increased by two percent (2.0%) for all represented classifications. B. Overtime 1. Advanced Approval - Employees must have advanced approval from their supervisor to work overtime. 2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the employee's defined FLSA workweek. 3. Contract Overtime — Overtime earned for an employee whose hours paid in their defined FLSA workweek exceeds 40. For purposes of calculating hours paid for contract overtime, holidays occurring during the work week count as time worked. The use of other forms of leave do not count as hours worked for purposes of calculating hours paid for determining eligibility for contract overtime. 4. Rate at Which Overtime is Calculated — Both FLSA and Contract Overtime (paid at time and one half — 1.5) shall be calculated at the regular rate of pay, except that the rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 5. Workweek for Purposes of Calculating Overtime — For employees who work the 9/80 work schedule, their defined FLSA workweek shall begin exactly four hours after the start time of their shift on their alternating regular day off (i.e., their eight - hour day) and end exactly 168 hours later. For employees who work a 5/40 work schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end exactly 168 hours later the following Saturday at 12:00 a.m. 6. Work Schedule — Regardless of the type of work schedule an employee is assigned (e.g., 5/40 and 9/80), full time employees are regularly scheduled to work forty (40) hours in their defined FLSA workweek. 7. Reporting Time - The City calculates overtime in tenths of an hour. Employees shall report their time worked to the nearest tenth of an hour. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 6 C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and d. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. 2. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. D. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All employees shall receive a minimum of two (2) hours pay. If an employee works more than two (2) hours, he/she shall receive pay for actual hours worked. E. Accumulation of Compensatory Time Off Unit members who are non-exempt (from overtime) may receive compensatory time off (CTO), in lieu of cash, as compensation for overtime hours worked at the rate of one -and -one-half hours (1 '/z) for each hour of overtime worked. An employee may only accrue CTO if requested and then NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 7 approved by the employee's supervisor. Call-back time may be converted to CTO with supervisor approval. Employees may accumulate up to eighty (80) hours of CTO. If an employee has eighty (80) hours of accrued CTO, he/she will not be able to accrue additional CTO until he/she uses CTO to reduce his/her balance below eighty (80) hours. F. Night Shift Differential Unit members who's regularly assigned work schedule ends no earlier than 6:00 p.m. shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 6:00 p.m. Overtime worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The differential pay is paid only for hours actually worked. The parties agree that to the extent permitted by law, the shift differential pay in this section is special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay. G. Incentive Shift for Library Members For NBCEA members in the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work a regularly scheduled shift of five hours will report their actual hours worked on their time sheet but will be paid three hours' incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation (if additional hours qualify as overtime) for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 8 The parties agree that to the extent permitted by law, acting pay is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay. J. Certificate Pay Effective January 1, 2013, the Certificate Pay program was modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving a "sunset" certificate are considered grandfathered under the program, but no further employees will be eligible; effective January 1, 2014, the pay for eligible certificates was converted from a percentage based benefit to a flat dollar amount. The complete list of eligible certificates and the corresponding benefit is listed in Exhibit B. All other procedures associated with Certificate Pay remain in effect. The parties agree that to the extent permitted by law, certificates which qualify as special compensation shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571 or 571.1. K. Bi-Iinqual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive one hundred fifty ($150.00) dollars per month (paid each pay period) in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. The parties agree that to the extent permitted by law, the Bilingual pay in this section is special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. L. One -Time Payment Following City Council adoption of this MOU, or as soon thereafter as reasonably practicable, currently employed unit members will receive a one- time payment of $2, 700.00. The parties agree that this one-time payment does not meet the criteria under California Code of Regulations 571(b) as reportable compensation for retirement purposes. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 9 SECTION 3. — Leaves A. Flex Leave All unit members shall accrue Flex leave at the following rates: Years of Continuous Hrs Accrued per Annual Max Allowable Service Pay Period hours Balance (hours) Less than 5 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 6.00 6.61 7.23 8.15 8.77 9.38 10.00 156.00 171.86 187.98 211.90 228.02 243.88 260.00 468.00 515.58 563.94 635.70 684.06 731.64 780.00 Members shall accrue three (3) months (i.e., 39 hours) of flex leave as provided in the chart above) upon completion of three (3) months of continuous employment with the City of Newport Beach, provided however, this amount shall be reduced by any flex leave time advanced during the first three (3) months of employment. 1. Limit on Accumulation Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash (spill over pay) at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 2. Method of Use The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the wishes of the employee. Flex leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 10 B. Holiday Leave The following days shall be observed as paid holidays (i.e., employees shall have the day off with pay) by all unit members. For each holiday, except the Floating Holiday (where the employee chooses the day oft), if an employee is required to work on the holiday, they will receive their pay for the holiday and in addition, either pay or Flex Leave for the number of hours worked on the holiday. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Washington's Birthday Memorial Day Martin Luther King Day Floating Holiday July 4 1st Monday in Sept. November 11 4th Thurs. in November Last'/2 of working day December 25 Last'/2 of working day January 1 3rd Monday in February Last Monday in May 3rd Monday in January July 1st - 1 day* *The floating holiday (eight (8) hours of holiday leave) is awarded on July 1. The hours are added to employees' Flex Leave account. Holidays are paid based on the employee's regular work day schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 8 hours, the employee is entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday pay annually for the Floating Holiday. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized paid leave (e.g. leave that has been reviewed and approved by the Department Director). NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 11 3. In addition, for all employees an additional 8 hours of floating holiday will be added to his/her Flex leave accumulated total, on the first pay period in July each year. D. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee because of the death or terminal illness in his/her immediate family." Unit members shall be entitled to forty (40) hours of bereavement leave per calendar year per incident (terminal illness followed by death is considered one incident). Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. For the purposes of this section, immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and the employee's spouse's/domestic partner's father, mother, brother, sister, child and grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. E. Leave Sellback During calendar year 2019, employees shall have the option (on two occasions) of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for Flex at 0%. Effective in calendar year 2020 and thereafter, employees shall have the option of converting accrued Flex Leave to cash on an hour for hour basis subject to the following: On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued flex leave which will be earned in the following calendar year. The employee can elect to receive the cash out in the pay period which includes June 30 and/or the pay period which includes December 15 for those Flex Leave benefits that have been earned during that portion of the year. In no event shall the flex leave balance be reduced below one hundred and sixty (160) hours. On or before December 31, 2019, each employee shall have the one-time option of cashing out all or a portion of Flex Leave benefits credited to his/her account as of that date. However, in no event shall the flex leave balance be reduced below one hundred and sixty (160) hours when the leave is cashed out. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 12 In addition to the above, starting in calendar year 2020, an employee who has an "unforeseen emergency" (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued flex leave. The amount of flex leave which may be paid off is limited to the amount necessary to meet the emergency. If there is an unforseen emergency, an employee can cash out Flex Leave earlier in the year than described above provided that the remaining balance is not reduced below one hundred and sixty (160) hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee association with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical lnsurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employee enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. Unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. The City's contribution towards the Cafeteria Plan is $1,725 (plus the minimum CaIPERS participating employer's contribution). NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 13 NBCEA members who do not enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Employees hired prior to the first day of the pay period following City Council approval of this 2019-2021 MOU who elect to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive $1,000.00 per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, those unused cafeteria plan funds shall be paid to the employee as taxable cash. Employees hired after the first day of the pay period following City Council approval of this 2019-2021 MOU who elect to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive $500.00 per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the Benefits Information Committee. 5. Healthcare Reform The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings., Either party may request to reopen Section 4A(2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. In addition, should State or Federal laws concerning NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 14 taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Short -Term Disability Long -Term Disability Benefit Amount 66.67% of covered wages 66.67% of covered wages Maximum Benefit $1,846 weekly $15,000 monthly Waiting Period 30 calendar days 180 calendar days Employees shall pay one percent (1%) of base salary as a post -tax deduction for this benefit. Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee terminates from City employment. C. Employee Assistance Program NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 15 City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. Retirement Benefit 1. Retirement Formula The City contracts with PERS to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits: Tier 1: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the single highest year. Tier 2: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and are current classic members of the retirement system, as defined in the Public Employees' Pension Reform Act ("PEPRA"), the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria because they are new members as defined by the PEPRA, the retirement formula shall be 2% @ 62 calculated on the average 36 highest month's salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. Employees in each Tier will contribute 13% of pensionable pay toward the retirement benefit. Employee retirement contributions that are in addition to the normal PERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by law. It is recognized that these payments will not be reported to PERS as contributions toward either the Member or Employer rate, as provided under GC Section 20516(f). NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 16 Under a separate agreement, and ratified via a contract amendment with CaIPERS in 2008, Tier 1 employees shall contribute 2.42% compensation earnable (as cost sharing) per Government Code section 20516(a). Tier 1 Employees - shall contribute a total employee contribution of 13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(t). Tier 2 Employees - shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(f). Tier 3 Employees - The minimum statutory employee contribution for employees in Tier 3 is subject to the provisions of the Public Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of the "total normal cost". Tier 3 employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code Section 20516(f), such that the total employee contribution equals 13% of pensionable compensation. The City contracts with PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Section 21548). E. LIUNA Supplemental Pension The Association agrees to pay any costs and/or contributions associated with its members' participation in the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. The employees' contributions to the LIUNA Supplemental Pension Fund are deemed "picked -up" and treated as employer contributions. Employees cannot opt out of the "pick-up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 17 plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. Effective the pay period following City Council approval of this MOU, unit members agree to pick up whatever the actual costs and contributions are required by LIUNA for participation in the LIUNA Supplemental Pension Fund for as long as its members participate in the LIUNA Supplemental Pension Fund. The parties are not precluded from discussing the LIUNA Supplemental Pension in future labor negotiations. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. This includes, but is not limited to, any challenge by any member of the bargaining unit related to making contributions to the Plan or receiving benefits from the Plan. F Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2006. 2. Program Structure This is an Integral Part Trust (IPT) RHS Retiree Health Savings (RHS) plan (formerly the Medical Expense Reimbursement Program - "MERP"). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 18 separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 St of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex Leave. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association. Additionally, the purpose and focus of these changes should be toward 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. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 19 Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance forthe 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 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 20 contribution (Le., the Ca1PERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one-time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had Tess than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active workforce. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 3. Administration NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 21 Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. G. Tuition Reimbursement NBCEA members attending accredited community colleges, colleges, trade schools or universities, or recognized professional organizations or agencies may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job — related coursework, seminars or professional development programs. The maximum annual benefit is $2,000 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director or designee. SECTION 5. — Miscellaneous A. Reductions in Force/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. DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted regular status in the current NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 22 Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; and b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Probationary employees within any classification shall, in that order, be laid off before regular employees. 2. Employees within a classification shall be laid off in inverse order of seniority. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 23 3. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave and holiday leave (if any). REEMPLOYMENT Employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in eighteen (18) months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Banding Position vacancy announcements for available City positions shall be distributed in a manner that reasonably assures unit members access to the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 24 announcements. In order to select the most qualified individual for vacant positions the City will continue its practice of "banding" candidates into one of the following ratings: Outstanding, Highly Recommended, Recommended, and Not Recommended, during the testing process. Department Directors review qualified candidates in band order, beginning with the top band and are permitted to hire any eligible candidate from the list (minimum rating of Recommended). Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. C. 9/80 Scheduling Plan Employees in the unit work either a 5/40 or 9/80 or work schedule. Employees assigned to the 9/80 work schedule will have alternating Fridays off with the City determining which employees will work on each alternating Friday to ensure effective coverage of the work. The City agrees to maintain flex -scheduling where it is currently operating successfully in this unit. D. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 25 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to affect the spirit of this agreement. E. Discipline - Notice of Intent Employees who are to be the subject of discipline equal to an unpaid suspension of three (3) days or greater shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity for to a Skelly meeting before their Department Director prior to the imposition of the penalty. All other discipline resulting in less than a three (3) day suspension will be considered will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to a suspension of one or two day who wish to appeal the suspension shall have the right to appeal the decision to the City Manager or designee. Employees who have received a written reprimand, shall have the right to place comments on the document prior to placement in his/her personnel file. F. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by the Association. Except as otherwise provided by law, the Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of this MOU. A grievance shall be brought to the attention of the immediate supervisor for discussion within ten (10) days after an employee or Association Board member knew, or in the exercise of reasonable diligence should have known, the act or events upon which the grievance is. If the Employee or the Association (if filed by the Association is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee or Association shall have the right to file a formal grievance in accordance with Step 2 of this section. Grievances not presented within the time period shall be considered resolved. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 26 The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head, the grievance shall be presented in Step 2. Step 2: If the employee or the Association (if filed by the Association) is not in agreement with the decision rendered in Step 1, the grievant shall have the right to present a formal grievance to the Department Director within ten (10) Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the Employee or Association fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance, the facts upon which the grievance is based, the rule, regulation or policy the interpretation of which is involved in the grievance, and the specific remedy or remedies sought by the grievant. The Department Director should render a written decision within ten (10) Days after receipt of the formal grievance. Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after conducting a grievance hearing. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. Time Limits: Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee or Association within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. G. Probation 1. Probationary Period NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 27 Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in (c), below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 28 H. Salary on Reclassification An employee who is reclassified will be provided with a salary increase to the nearest step closest to five (5%) percent (not to exceed the maximum of the new salary range). Uniforms and Safety Equipment For assigned Park Patrol staff, uniforms shall be worn at all times during regular business hours. Park Patrol shall be provided with City designated shirts, shorts, pants, boots, jacket, and hat annually. Additional equipment or supplies may be issued to employees by the Department as deemed appropriate. If the provided winter jacket or work boots are lost, the employee shall replace the item with one from an authorized vendor. Work boots shall provide toe protection and meet Department safety standards. The Department Head or designee may approve exceptions to wearing uniforms. The City will continue its practice of directly paying for dry cleaning for individuals in the Park Patrol classification. J. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. K. Direct Deposit All employees shall participate in the payroll direct deposit system. L. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. M. Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 29 Signatures are on the next page. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 Executed this 1211-1 day of (INA Q C. (-) , 2019: ATTEST: By: FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: Teresa Craig, Pr FOR THE TY OF NEWPORT BEACH: By: Diane B. Dixon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: Peter Brown, Special Counsel rown, City Cler ro-viy NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2021 30 REPRESENTED POSITIONS NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2019 - December 31, 2021 2.0% Cost of Living Adjustment March 16, 2019 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Administrative Assistant $29.16 $40.98 $5,066 $7,123 Building Department Specialist $28.35 $39.93 $5,054 $7,104 Buyer $29.23 $41.10 $5,529 $7,781 Buyer, Sr. $34.49 $48.52 $5,978 $8,410 Department Assistant $23.40 $32.90 $3,306 $4,649 Fiscal Clerk $21.09 $29.71 $4,674 $6,576 Fiscal Clerk, Sr. $24.56 $34.55 $3,840 $5,404 Fiscal Specialist $28.45 $40.05 $3,840 $5,404 Inventory Analyst $25.03 $35.25 $3,467 $4,880 Librarian I $28.78 $40.49 $4,989 $7,018 Librarian II $31.63 $44.55 $4,043 $5,689 Librarian III $34.82 $48.98 $3,656 $5,150 Library Assistant $24.48 $34.43 $5,483 $7,722 Library Clerk I $19.08 $26.82 $3,656 $5,150 Library Clerk II $21.09 $29.71 $6,035 $8,491 Library Clerk, Sr. $24.48 $34.43 $4,056 $5,703 License Supervisor $31.90 $44.89 $4,915 $6,921 Mail Processing Clerk, Sr. $22.15 $31.18 $4,915 $6,921 Marketing Specialist $29.16 $40.99 $4,257 $5,989 Office Assistant $20.00 $28.16 $4,243 $5,968 Park Patrol Officer $20.79 $29.25 $4,243 $5,968 Park Patrol Officer, Lead $23.32 $32.82 $5,054 $7,102 Public Works Specialist $28.35 $39.93 $5,054 $7,102 Records Specialist $29.16 $40.98 $4,932 $6,942 Recreation Coordinator $26.96 $37.94 $3,603 $5,070 Recreation Coordinator, Asst. $22.15 $31.18 $4,339 $6,110 Recreation Supervisor $31.52 $44.37 $5,861 $8,245 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. REPRESENTED POSITIONS NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2019 - December 31, 2021 2.0% Cost of Living Adjustment January 1, 2020 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Administrative Assistant $29.74 $41.79 $5,155 $7,244 Building Department Specialist $28.92 $40.73 $5,013 $7,059 Buyer $29.81 $41.92 $5,167 $7,266 Buyer, Sr. $35.18 $49.49 $6,097 $8,579 Department Assistant $23.87 $33.56 $4,137 $5,817 Fiscal Clerk $21.52 $30.31 $3,729 $5,253 Fiscal Clerk, Sr. $25.05 $35.25 $4,342 $6,109 Fiscal Specialist $29.02 $40.85 $5,030 $7,081 Inventory Analyst $25.53 $35.95 $4,426 $6,232 Librarian I $29.36 $41.30 $5,089 $7,159 Librarian II $32.26 $45.44 $5,592 $7,876 Librarian III $35.52 $49.96 $6,156 $8,660 Library Assistant $24.97 $35.12 $4,328 $6,088 Library Clerk I $19.46 $27.36 $3,373 $4,742 Library Clerk II $21.52 $30.31 $3,729 $5,253 Library Clerk, Sr. $24.97 $35.12 $4,328 $6,088 License Supervisor $32.53 $45.79 $5,639 $7,937 Mail Processing Clerk, Sr. $22.60 $31.80 $3,917 $5,512 Marketing Specialist $29.74 $41.81 $5,155 $7,246 Office Assistant $20.40 $28.72 $3,536 $4,978 Park Patrol Officer $21.20 $29.83 $3,675 $5,171 Park Patrol Officer, Lead $23.79 $33.48 $4,123 $5,803 Public Works Specialist $28.92 $40.73 $5,013 $7,059 Records Specialist $29.74 $41.79 $5,155 $7,244 Recreation Coordinator $27.50 $38.70 $4,767 $6,708 Recreation Coordinator, Asst. $22.60 $31.80 $3,917 $5,512 Recreation Supervisor $32.15 $45.26 $5,572 $7,844 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. REPRESENTED POSITIONS NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU Term: January 1, 2019 - December 31, 2021 2.0 % Cost of Living Adjustment January 1, 2021 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Administrative Assistant $30.34 $42.63 $5,258 $7,389 Building Department Specialist $29.50 $41.54 $5,113 $7,200 Buyer $30.41 $42.76 $5,270 $7,411 Buyer, Sr. $35.88 $50.48 $6,219 $8,750 Department Assistant $24.35 $34.23 $4,220 $5,933 Fiscal Clerk $21.95 $30.91 $3,804 $5,358 Fiscal Clerk, Sr. $25.55 $35.95 $4,429 $6,231 Fiscal Specialist $29.60 $41.67 $5,131 $7,222 Inventory Analyst $26.04 $36.67 $4,514 $6,357 Librarian I $29.95 $42.13 $5,191 $7,302 Librarian II $32.91 $46.35 $5,704 $8,034 Librarian III $36.23 $50.96 $6,279 $8,834 Library Assistant $25.47 $35.82 $4,415 $6,209 Library Clerk I $19.85 $27.90 $3,440 $4,837 Library Clerk II $21.95 $30.91 $3,804 $5,358 Library Clerk, Sr. $25.47 $35.82 $4,415 $6,209 License Supervisor $33.18 $46.71 $5,752 $8,096 Mail Processing Clerk, Sr. $23.05 $32.44 $3,995 $5,623 Marketing Specialist $30.34 $42.64 $5,258 $7,391 Office Assistant $20.81 $29.29 $3,607 $5,077 Park Patrol Officer $21.63 $30.43 $3,748 $5,274 Park Patrol Officer, Lead $24.27 $34.15 $4,206 $5,919 Public Works Specialist $29.50 $41.54 $5,113 $7,200 Records Specialist $30.34 $42.63 $5,258 $7,389 Recreation Coordinator $28.05 $39.47 $4,863 $6,842 Recreation Coordinator, Asst. $23.05 $32.44 $3,995 $5,623 Recreation Supervisor $32.79 $46.16 $5,684 $8,001 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. Exhibit B CITY EMPLOYEES ASSOCIATION LIST OF APPROVED CERTIFICATES MOU TERM 2019-2021 CERTIFICATE MONTHLY AMOUNT Certified Revenue Officer* $85 Forklift Training Certificate * $45 Public Notary** $45 * Only those unit members who were receiving the certificate pay at time of the 2012-15 MOU were eligible for the benefit. ** Language added in 2015-18 MOU and only available to NBCEA members in Administrative support positions and must be used for City business. Page 1 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1 The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affiliated with the Laborers' International Union of North America, Local 777 (LIUNA), and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for a three and one-half year period, from July 1, 2015 through December 31, 2018 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall 2 be considered effective as of July 1, 2015. This MOU shall remain in full force and effect until December 31, 2018, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBCEA officers designated by the NBCEA shall collectively be granted an annual maximum of 150 hours paid release time for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes, preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. 4. Each January, the City will examine the number of Release Time hours the Association used the preceding year. If the Association used in excess of 75% of the hours normally granted (150), the Association will be granted an additional 30 hours for that year. D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 3 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 3. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) (j) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Employee Data and Access In January and July of each year, the City shall provide NBCEA a list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the total release time for NBCEA Officers, and shall be scheduled in a manner that NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 4 is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. F. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 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 within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. G. Modifications Any agreement, understanding, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. The parties have determined certain contract provisions may be outdated or inconsistent with policy, charter, or Federal, State or local law. Effective during the term of the MOU City and Association representatives will review the contract document with the intent of proposing simplified and appropriate language, content and formatting. No changes to the MOU shall be effective unless approved by City Council. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 5 H. Agency Shop 1. Unit employees, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 4. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its action pursuant to this section. SECTION 2. — Compensation A. Salary Base salary increases for all NBCEA represented classifications shall be as follows and as specified in Exhibit A: 1. Effective the pay period that includes January 1, 2016, base salaries will be increased by 2.65%. 2. Effective the pay period that includes January 1, 2017, base salaries will be increased by 2.65%. 3. Effective the pay period that includes January 1, 2018, base salaries will be increased by 2.65%. B. Normal Overtime 1. Definitions a. Miscellaneous Employee - An employee designated as a Miscellaneous member of the Public Employees Retirement System (PERS). NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 6 b. Normal Overtime — Normal overtime for Miscellaneous employees is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. c. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. d. Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. 2. Compensation Overtime for all non-exempt employees shall be paid at one -and - one -half (172) times the employee's regular rate of pay. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including Holidav(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and d. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 7 2. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. D. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. E. Accumulation of Compensatory Time Off City employees represented by the NBCEA and classified as non-exempt may receive compensatory time off, in lieu of cash, as compensation for overtime hours worked. Compensatory time shall be calculated at the rate of one -and -one-half hours (1 1/2) for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and employee agree that the application of "comp time" is a desirable substitute for the payment of cash for overtime. Call- back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of compensatory time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 8 F. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00. Overtime worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The differential pay is paid only for hours actually worked. G. Incentive Shift for Library Members For NBCEA members in the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but Tess than eight will be paid eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. J. Certificate Pay Effective January 1, 2013, the Certificate Pay program was modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving a "sunset" certificate are considered grandfathered under the program, but no further employees will be eligible; effective January 1, 2014, the pay for eligible certificates was converted from a percentage based benefit to a flat dollar amount. The complete list of eligible certificates and the corresponding benefit is listed in Exhibit B. All other procedures associated with Certificate Pay remain in effect. K. Bi-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 9 better service to the public, the employee shall be eligible to receive one hundred fifty ($150.00) dollars per month in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. L. One -Time Payment Effective following City Council adoption of this 2015-2018 MOU, or as soon thereafter as reasonably practicable, currently employed unit members will receive a one-time payment of $2,400. The parties agree that this one-time payment does not meet the criteria under California Code of Regulations 571(b) as reportable compensation for retirement purposes. SECTION 3. — Leaves A. Flex Leave Effective the pay period including January 1 accrue Flex leave at the following rates: Years of Continuous Hrs Accrued per Service Pay Period 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 6.00 6.61 7.23 8.15 8.77 9.38 10.00 , 2013, all unit members shall Annual Max Allowable hours Balance (hours) 156.00 171.86 187.98 211.90 228.02 243.88 260.00 468.00 515.58 563.94 635.70 684.06 731.64 780.00 Members shall accrue three (3) months of flex leave upon completion of three (3) months of continuous employment with the City of Newport Beach, provided however, this amount shall be reduced by any flex leave time advanced during the first three (3) months of employment. 1. 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 (spill over pay) at the employee's hourly rate of NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 10 pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 2. Method of Use 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/Sick Due to the full conversion of employees to the Flex leave program, former Vacation and Sick leave provisions "B" and "C" are hereby removed and shall be referenced exclusively in prior MOUs. C. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all unit members. For each designated holiday, except the Floating Holiday, employees shall receive an equivalent number of hours of paid leave or equivalent pay. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas Day July 4 1st Monday in Sept. November 11 4th Thurs. in November Last'/z of working day December 25 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 New Year's Eve New Year's Day Washington's Birthday Memorial Day Martin Luther King Day Floating Holiday Last'/2 of working day January 1 3rd Monday in February Last Monday in May 3rd Monday in January July 1st - 1 day 11 Effective the pay period including January 1, 2013 holidays will be paid based on the employee's regular work day schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 8 hours, the employee is entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday pay annually for the Floating Holiday. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized leave (e.g. leave that has been reviewed and approved by the Department Director). 3. In addition, for all employees an additional 8 hours of floating holiday will be added to his/her Flex leave accumulated total, on the first pay period in July each year. D. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of the death or terminal illness in his/her immediate family." Unit members shall be entitled to forty (40) hours of bereavement leave per calendar year per incident (terminal illness followed by death is considered one incident). Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. For the purposes of this section, immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and the employee's spouse's/domestic partner's father, mother, brother, sister, child and grandparents. The provisions of this Section shall not diminish or reduce NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 12 any rights a member may have pursuant to applicable provisions of State or Federal law. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. E. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued Flex leave. In no event shall the Flex leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for FlexNacation at 0%. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employee enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach City Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. 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. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 13 The parties recognize that from July 1, 2015 through December 31, 2015 the City has contributed $1,549 per month (plus the PERS minimum contribution) toward the Cafeteria Plan. Effective the first pay issue in January 2016, the City's contribution towards the Cafeteria Plan will increase by $76 per month to $1, 625 (plus the minimum CaIPERS participating employer's contribution). Effective the first pay issue in January 2017, the City's contribution towards the Cafeteria Plan will increase by $100 per month to $1, 725 (plus the minimum CafPERS participating employer's contribution). NBCEA members who do not enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Effective January 1, 2016, or as soon thereafter is practicable following MOU adoption, the maximum cafeteria allowance provided to employees who execute an opt -out agreement is $1,000 per month. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the Benefits Information Committee. 5. Healthcare Reform The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. Effective July 2017, either party may request to reopen Section 4,A, (2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. In addition, should State or Federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 14 B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. 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 $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee terminates from City employment. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 15 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. Retirement Benefit 1. Retirement Formula The City contracts with PERS to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits: Tier 1: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the 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 Public Employees Pension Reform Act, the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria, the retirement formula shall be 2% @ 62 calculated on the average 36 highest month's salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. At the conclusion of this contract employees in each Tier will contribute 13% of pensionable pay toward the retirement benefit. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the government tax code. It is recognized that these payments will not be reported to PERS as NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 16 contributions toward either the Member or Employer rate, as provided under GC Section 20516(f). Under a separate agreement, and ratified via a contract amendment with CaIPERS in 2008, the modified normal member contribution for Tier 1 employees is 10.42% of pensionable compensation. The parties recognize that from July 1, 2015 through December 31, 2015, NBCEA members have been paying, in addition to the member contribution, a portion of the Employer rate under a 20516(f) cost sharing agreement. The normal Member rate and the cost sharing rate vary by Tier. However, the combined contribution rate for each Tier equals 12.35% of pensionable compensation, as provided in a prior agreement. Tier 1 and Tier 2 Employees: Effective the pay period including January 1, 2016, Tier 1 and Tier 2 employees shall contribute an additional .35% of pensionable compensation toward retirement costs pursuant to Government Code Section 20516 (f), for a total of 12.70%. Effective the pay period including January 1, 2017, Tier 1 and Tier 2 employees shall contribute an additional .30% of pensionable compensation toward retirement costs for a total employee contribution of 13%. Tier 3 Employees: The minimum statutory employee contribution for employees in Tier 3 is subject to the provisions of the Public Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of the "total normal cost". Effective the pay period including January 1, 2016, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall make an additional contribution toward retirement pursuant to Government Code Section 20516(f), such that the total employee contribution equals 12.7%. Effective the pay period including January 1, 2017, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall make an additional contribution toward retirement pursuant to Government Code Section 20516(f), such that the total employee contribution equals 13%. 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. The City contracts with PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service NEWPORT BEACH CiTY EMPLOYEES ASSOCIATION MOU 2015-2018 17 Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Section 21548). E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January 1, 2007, the City increased the base salary of all members by 1.5%, and then deducted that same amount as a mandatory employee contribution. For tax purposes, the contributions, although designated employee contributions, are being paid by the employer in lieu of contributions by the employee. The contributions are deemed "picked -up" and treated as employer contributions, thereby excluding the employee's gross income until distributed. Employees cannot opt out of the "pick-up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. In accordance with correspondence received from a legal expert retained by the City, this amount will not be taxable, except for Medicare. Minor changes to other compensation related items that are calculated from base salary will also result from this administrative change. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 18 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) RHS Retiree Health Savings (RHS) plan (formerly the Medical Expense Reimbursement Program - "M E RP"). 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 timeof 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): VA 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, NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 19 except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. 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 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 20 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 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: NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 21 In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active workforce. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 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. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 22 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). G. Tuition Reimbursement NBCEA members attending accredited community colleges, colleges, trade schools or universities, or recognized professional organizations or agencies may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related coursework, seminars or professional development programs. Effective January 1, 2013, reimbursement will increase by $100 per year, for a maximum annual benefit of $1,500 per fiscal year. Effective January 1, 2016, reimbursement will increase to a maximum annual benefit of $2, 000 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director or designee. SECTION 5. — Miscellaneous A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 23 DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; and b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 24 In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 2. Employees within a classification shall be laid off in inverse order of seniority. 3. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. REEMPLOYMENT 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 expire in eighteen (18) months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 25 SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. C. Banding Position vacancy announcements for available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. In order to select the most qualified individual for vacant positions the City will continue its practice of "banding" candidates into one of the following ratings: Outstanding, Highly Recommended, Recommended, and Not Recommended, during the testing process. Department Directors review qualified candidates in band order, beginning with the top band and are permitted to hire any eligible candidate from the list (minimum rating of Recommended). Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. D. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 26 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. Effective the pay period beginning January 15, 2011, the 9/80 flex -schedule was modified as follows: employees were provided the option of alternating Fridays off only. Employees on a 9/80 schedule with alternating Mondays or any other day off, converted to Fridays off beginning in January 2011. To ensure effective coverage, employees on the 9/80 schedule was divided into groups A or B, with equal numbers of staff as much as possible, including management and supervisory staff, off on alternating Fridays. To ensure ongoing compliance with Fair Labor Standards Act, and to maintain organizational efficiency, deviations from established flex days, if legally permitted, will be considered on a case -by -case basis. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no Tess than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no Tess than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to affect the spirit of this agreement. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 27 F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution 2001-50. G. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. A grievance shall be brought to the attention of the immediate supervisor for discussion within ten (10) days of when the grievance arose. If the Employee is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee shall have the right to file a formal grievance in accordance with Step 2 of this section. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head, the grievance shall be presented in Step 2. Step 2: If the employee is not in agreement with the decision rendered in Step 1, an employee shall have the right to present a formal grievance to the Department Director within ten (10) Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 28 Employee fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance, the facts upon which the grievance is based, the rule, regulation or policy the interpretation of which is involved in the grievance, and the specific remedy or remedies sought by the grievant. The Department Director should render a written decision within ten (10) Days after receipt of the formal grievance. Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after conducting a grievance hearing. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. Time Limits: Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits established in this Manual can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. H. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. NEWPORT BEACH CiTY EMPLOYEES ASSOCIATION MOU 2015-2018 29 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (b) Promotional Probation (c) An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in (c), below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. I. Salary on Reclassification The City will amend its Employee Policy Manual to provide for a minimum salary increase of five percent (5%) upon reclassification (not to exceed the maximum of the new salary range). NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 30 J. Uniforms and Safety Equipment For assigned Park Patrol staff, uniforms shall be worn at all times during regular business hours. Park Patrol shall be provided with City designated shirts, shorts, pants, boots, jacket, and hat annually. Additional equipment or supplies may be issued to employees by the Department as deemed appropriate. If the provided winter jacket or work boots are lost, the employee shall replace the item with one from an authorized vendor. Work boots shall provide toe protection and meet Department safety standards. The Department Head or designee may approve exceptions to wearing uniforms. The City will continue its practice of directly paying for dry cleaning for individuals in the Park Patrol classification. K. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. L. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Employee Policy Manual, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. M. Direct Deposit All employees shall participate in the payroll direct deposit system. N. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. O. 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 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 31 remaining portion hereto, and same shall remain in full force and effect; provided, however, that should provisions of this MOU relating to any schedule adjustment be declared invalid, City agrees to provide alternative benefits agreeable to NBCEA, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. Signatures are on the next page. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 32 Executed this 151V day of J A Ns) U fz-i , 2016: FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: By: Teresa Craig, President FOR THE CITY OF NEW ORT BEACH 1011 By. Diane B. Dixon, Mayor ATTEST: By: Leilani Brown, City C erk APPROVED AS TO FORM: Aaron Harp, City Attorney I (t-( (16 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2015-2018 EXHIBIT A Newport Beach City Employees Association Represented Classifications and Pay Rates 2.65% Wage Increase Effective January 1, 2016 Hourly Monthly Represented Classification Min Max Min Max Assistant, Administrative $27.13 $38.12 $4,703 $6,608 Assistant, Department $21.77 $30.61 $3,774 $5,306 Assistant, Office $18.61 $26.20 $3,226 $4,541 Building Dept Specialist $26.38 $37.15 $4,573 $6,439 Buyer $27.19 $38.24 $4,713 $6,628 Cultural Arts Coordinator $26.78 $37.67 $4,642 $6,530 Fiscal Clerk $19.63 $27.64 $3,402 $4,792 Fiscal Clerk, Senior $22.85 $32.15 $3,961 $5,573 Fiscal Specialist $26.47 $37.26 $4,589 $6,458 Inventory Analyst $23.29 $32.80 $4,037 $5,685 Librarian I $26.78 $37.67 $4,642 $6,530 Librarian II $29.43 $41.45 $5,101 $7,185 Librarian III $32.40 $45.58 $5,615 $7,900 Library Assistant $22.78 $32.04 $3,948 $5,553 Library Clerk I $17.75 $24.95 $3,076 $4,325 Library Clerk II $19.63 $27.64 $3,402 $4,792 Library Clerk, Senior $22.78 $32.04 $3,948 $5,553 License Supervisor $29.68 $41.77 $5,144 $7,240 Mail Processing Clerk, Sr $20.61 $29.01 $3,573 $5,028 Marketing Specialist $27.13 $38.13 $4,703 $6,610 Park Patrol Officer $19.34 $27.21 $3,352 $4,717 Park Patrol Officer, Lead $21.70 $30.54 $3,761 $5,293 Records Specialist $27.13 $38.12 $4,703 $6,608 Recreation Coord, Asst $20.61 $29.01 $3,573 $5,028 Recreation Coordinator $25.09 $35.30 $4,349 $6,119 Recreation Supervisor $27.66 $38.95 $4,795 $6,751 33 Newport Beach City Employees Association Represented Classifications and Pay Rates Effective January 1, 2017 2.65% Wage Increase Hourl Monthl Represented Classification Min Max Min Max Assistant, Administrative $27.85 $39.13 $4,827 $6,783 Assistant, Department $22.35 $31.42 $3,873 $5,446 Assitant, Office $19.10 $26.89 $3,311 $4,662 Building Dept Specialist $27.08 $38.13 $4,694 $6,610 Buyer $27.91 $39.25 $4,838 $6,804 Cultural Arts Coordinator $27.49 $38.67 $4,765 $6,702 Fiscal Clerk $20.15 $28.37 $3,493 $4,918 Fiscal Clerk, Senior $23.46 $33.00 $4,066 $5,720 Fiscal Specialist $27.17 $38.25 $4,710 $6,629 Inventory Analyst $23.91 $33.67 $4,144 $5,836 Librarian I $27.49 $38.67 $4,765 $6,702 Librarian II $30.21 $42.55 $5,236 $7,375 Librarian III $33.26 $46.79 $5,765 $8,110 Library Assistant $23.38 $32.89 $4,053 $5,701 Library Clerk I $18.22 $25.61 $3,158 $4,439 Library Clerk II $20.15 $28.37 $3,493 $4,918 Library Clerk, Senior $23.38 $32.89 $4,053 $5,701 License Supervisor $30.47 $42.88 $5,281 $7,432 Mail Processing Clerk, Sr $21.16 $29.78 $3,667 $5,162 Marketing Specialist $27.85 $39.14 $4,827 $6,784 Park Patrol Officer $19.85 $27.93 $3,441 $4,841 Park Patrol Officer, Lead $22.28 $31.35 $3,861 $5,434 Records Specialist $27.85 $39.13 $4,827 $6,783 Recreation Coord, Asst $21.16 $29.78 $3,667 $5,162 Recreation Coordinator $25.75 $36.24 $4,464 $6,281 Recreation Supervisor $28.39 $39.98 $4,921 $6,930 34 Newport Beach City Employees Association Represented Classifications and Pay Rates 2.65% Wage Increase Effective January 1, 2018 Hourly Monthly Represented Classification Min Max Min Max Assistant, Administrative $28.59 $40.17 $4,955 $6,962 Assistant, Department $22.94 $32.25 $3,977 $5,590 Assitant, Office $19.61 $27.60 $3,398 $4,784 Building Dept Specialist $27.80 $39.14 $4,818 $6,784 Buyer $28.65 $40.29 $4,966 $6,984 Cultural Arts Coordinator $28.22 $39.69 $4,891 $6,880 Fiscal Clerk $20.68 $29.12 $3,585 $5,048 Fiscal Clerk, Senior $24.08 $33.87 $4,174 $5,872 Fiscal Specialist $27.89 $39.26 $4,834 $6,804 Inventory Analyst $24.54 $34.56 $4,254 $5,991 Librarian I $28.22 $39.69 $4,891 $6,880 Librarian II $31.01 $43.68 $5,375 $7,571 Librarian III $34.14 $48.03 $5,918 $8,325 Library Assistant $24.00 $33.76 $4,160 $5,852 Library Clerk I $18.70 $26.29 $3,242 $4,557 Library Clerk II $20.68 $29.12 $3,585 $5,048 Library Clerk, Senior $24.00 $33.76 $4,160 $5,852 License Supervisor $31.28 $44.02 $5,421 $7,629 Mail Processing Clerk, Sr $21.72 $30.57 $3,765 $5,299 Marketing Specialist $28.59 $40.18 $4,955 $6,964 Park Patrol Officer $20.38 $28.67 $3,532 $4,969 Park Patrol Officer, Lead $22.87 $32.18 $3,964 $5,578 Records Specialist $28.59 $40.17 $4,955 $6,962 Recreation Coord, Asst $21.72 $30.57 $3,765 $5,299 Recreation Coordinator $26.43 $37.20 $4,582 $6,448 Recreation Supervisor $29.14 $41.04 $5,051 $7,114 35 EXHIBIT B City Employees Association Approved Certificates Certificate* Monthly Amount Certified Revenue Officer $85 Microsoft Certified Professional Certificate $45 Public Notary** $45 Forklift Training Certificate $45 * Only those unit members receiving the certificate pay at time of the 2012-15 MOU were eligible for the benefit. ** Added in 2015-18 MOU and only available to NBCEA members in Administrative supports positions and must be used for City business 36 Side Letter Agreement to the Memoranda of Understanding between the City of Newport Beach and the Newport Beach City Employees Association, Newport Beach Firefighters Association (for non -safety employees), Newport Beach Professional and Technical Employees Association and the Part -Time Employees Association of Newport Beach, as well as Unrepresented Employees The undersigned Associations and City have jointly agreed to modify the Hours of Operation for City Facilities from Wednesday, December 24, 2014, through Thursday, January 1, 2015. The proposed days/hours of operation for each department are included on Attachment B. The City Manager shall determine the manner in which the City Hall campus and other facilities shall remain open on December 24 and 31, 2014 (partial or full day closure). Any employee, full-time or part-time, seeking to work outside of the schedule must first receive approval from the Department Director, in order to plan for access to the building. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following payroll/timecard guidelines pertain to regular, full-time employees only and will not address every individual's circumstance, which should be discussed with the employee's Department Director. 1. Employees with leave time available shall first be required to use FlexNacation Leave, Administrative Leave or Compensatory Time for days/hours not covered by Holiday Pay. 2. If an employee has insufficient leave time available, Leave Without Pay will be used for any time off not covered by the employee. 3. In order to be eligible for the holiday pay benefit, an employee must be in paid status prior to and immediately following each holiday. 4. All other provisions of the Employee Policy Manual or applicable Memoranda of Understanding will remain in full force and effect. This agreement will assist in lowering the City's paid leave liability and provide savings in utilities/other maintenance costs. This agreement shall not apply to public safety or to essential functions that operate on a "24/7" basis, regardless of scheduled holidays designated by existing MOUs and authorized for unrepresented employee groups. With the adoption of this Side Letter, well in advance of the holiday, employees should have adequate time to make arrangements for scheduling, coverage, and public notification. Page 1 of 2 Hours of Operation for City Facilities December 24, 2014, through January 1, 2015 July 22, 2014 i-L' Executed this 26tday of 11//'(' ,2014. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: Newport Beach City Employees Association Teri Craig, President Newport Beach Firefighters Association (N-S) Bobby Salerno, President Key & Management Group (Unrepresented) Newport Beach Employees League \ � 1 CR Chris Auger, President, Part -Time Employees Association of NB 1;7112cn . Amy M'yfiard, Picdsident Professional/Technical Employees Association Fern` N°ueno, President FOR THE CITY OF NEWPORT BEACH: Newport Beach City Employees Association ^ ush N. Hill, II, Mayor Approved as to Form: tyi Harp, City Attorney Attest: Leilani Brown, City Clerk Page 2 of 2 Hours of Operation for City Facilities December 24, 2014, through January 1, 2015 July 22, 2014 Side Letter Agreement to the Memoranda of Understanding between the City of Newport Beach and the Newport Beach City Employees Association, the Newport Beach Employees League, the Newport Beach Firefighters Association (for non -safety employees), the Newport Beach Professional and Technical Employees Association, the Part Time Employees Association of Newport Beach, the Newport Beach Fire Management Association (for Administrative staff) as well as Unrepresented Employees In past years, the City and its employee associations have agreed to close City Hall during the winter holidays, between Christmas Eve and New Year's Day. The undersigned Associations and City have jointly agreed to close City Hall and other non -essential facilities and functions for Fiscal Year 2013/14. Beginning at noon on December 24, 2013 through January 1, 2014, City Hall and other off -site facilities will be closed to the public. City Hall and other off -site facilities will reopen on January 2, 2014. Facility closures shall be cost neutral to the City and will not result in additional paid days/hours off for employees. The City and the undersigned also agree that staff located at City Hall and other non -essential employees will only have the option to work during this period if specifically authorized or required to do so by the Department Director. 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 For Regular full-time employees, the City Hall closure will result in a maximum of 3'/2 days that are required for employees to use flexible leave, vacation leave, administrative leave or compensatory time during the holiday closure (Thursday 12/26, Friday 12/27, Monday 12/30 and half day Tuesday 12/31). Employees on a 9/80 work schedule whose regular day off occurs during the closure will be required to use 2'/2 days of flexible leave, vacation leave, administrative leave or compensatory time. 2. According to the City's Employee Policy Manual, an employee must be in paid status 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 to meet this requirement. 3 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. 4. All other provisions of the Employee Policy Manual or applicable Memoranda of Understanding will remain in full force and effect. This agreement will assist in lowering the City's paid leave liability and provide savings of utilities and other maintenance costs. 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. Associations unaffected by the closure are not required to sign the agreement. Executed this .) E r. day of o(kb ix(' , 2013. Side Letter Agreemer Holiday Closure FY2013-14 Page 2 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: Newport each City Employees Association Newport Employees League 9 � By: By: Teresa Craig, Pr�nt 9 Newport Beach Firefighter's Association (for Non -safety employees) By: 1 777' cn 7 .ram -- c Brian Il+1:c onougllPresident Chris Auger, Preside The Newport Beach Professional & Technical Employees Association no, President Key & Management Group (Unrepresented) Part Time Employees Association of evin Newport Beach By: New = • rt Beach Fire Management Association (for Administrative staff) By: Todd Knipp, President FOR THE CITY OF NEWPORT BEACH: By: Keith Curry, Mayor Appr ed as to Fo A on Harp, City Atto y Attest: Amy M`aSrfield, President Leilani Brown, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affiliated with the Laborers' International Union of North America, Local 777 (LIUNA), and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2012 through June 30, 2015 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. Duration of Memorandum Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1,2012, This MOU shall remain in full force and effect until June 30, 2015, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time Three NBCEA officers designated by the NBCEA shall collectively be granted 150 hours paid release time maximum, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City, Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. 4. In January 2014 and 2015, the City will examine the number of Release Time hours the Association used the preceding year. If the Association used in excess of 75% of the hours nominally granted (150), the Association will be granted an additional 30 hours for that year. 2 D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 3. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights') as set forth in Resolution No. 2001-50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and 0) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. 3 The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 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 within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the mariner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. G. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. The parties have determined certain contract provisions may be outdated or inconsistent with policy, charter, or Federal, State or local law. Effective during the term of the MOU City and Association representatives will review the contract document with the intent of proposing simplified and appropriate language, content and formatting. Agency Shop 1. Unit employees, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its action pursuant to this section. 5 SECTION 2. — Compensation A. Salary 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 Eamers 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 2.25% increase. Effective the pay period including January 1, 2015 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, 2014 with a minimum 1.5% increase and a maximum 2,0% increase. B. Normal Overtime 1. Definitions a. Miscellaneous Employee - An employee designated as a Miscellaneous member of the Public Employees Retirement System (PERS). b. Normal Overtime — Normal overtime for Miscellaneous employees is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. c. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. 6 d. Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. Compensation Overtime for all non-exempt employees shall be paid at one -and - one -half (1'14)) times the employee's regular rate of pay. Reporting of overtime on payroll forms will be as prescribed by the Finance Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including Holiday(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and d. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. 2. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. D. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. E. Accumulation of Compensatory Time Off City employees represented by the NBCEA and classified as non-exempt may receive compensatory time off, in lieu of cash, as compensation for overtime hours worked. Compensatory time shall be calculated at the rate of one -and -one-half hours (1 1/2) for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and employee agree that the application of "comp time" is a desirable substitute for the payment of cash for overtime. Call- back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of compensatory time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. F. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00. Overtime worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The differential pay is paid only for hours actually worked, 8 G. Incentive Shift for Library Members For CEA members in the Library Services Department, the Sunday work shift will be considered an 'incentive" shift. Unit members working on Sunday who work five hours but less than eight will be paid eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. J. Certificate Pay Effective January 1, 2013, the Certificate Pay program shall be modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving a "sunset" certificate are considered grandfathered under the program, but no further employees will be eligible; effective January 1, 2014, the pay for eligible certificates will be converted from a percentage based benefit to a flat dollar amount. The complete list of eligible certificates and the corresponding benefit is listed in Exhibit 8. All other procedures associated with Certificate Pay remain in effect. K. Bi-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive one hundred fifty ($150.00) dollars per month in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. 9 Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. SECTION 3. - Leaves A. Flex Leave Members shall accrue Flex eave at the following rates: Maximum Years of Continuous Hrs Accrued per Annual Allowable Service Pay Period Days Balance (hours) 1 but less than 5 5.54 18 432.12 5 but less than 9 6.15 20 479.7 9 but less than 12 6.77 22 528.06 12 but less than 16 7.69 25 599.82 16 but less than 20 8.31 27 648.18 20 but less than 25 8.92 29 695.76 25 and over 9.54 31 744.12 Effective the pay period including January 1, 2013, all unit members shall accrue Flex leave at the following rates (superseding the rates listed above): Maximum Years of Continuous Hrs Accrued per Annual Allowable Service Pay Period hours Balance (hours) 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 6.00 6.61 7.23 8.15 8.77 9.38 10.00 156.00 468.00 171.86 515.58 189.98 563.94 211.90 635.70 228.02 684.06 243,88 731.64 260.00 780.00 During the first six months of full-time employment, new 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 10 time to be used for illnesses only. If employee terminates employment prior to six months, the employee will repay the City equivalent to the number of Flex eave days that were advanced to the employee 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. Effective January 2014 the parties agree to review, via a survey process, the comparability of Flex leave accrual in relation to parity with other units. 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 (spill over pay) at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the members hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 2. Method of Use 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. 11 Vacation/Sick Due to the full conversion of employees to the Flex leave program, former Vacation and Sick leave provisions "B" and "C" are hereby removed and shall referenced exclusively in prior MOUs. 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 Holiday, 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 Day New Year's Eve New Year's Day Washington's Birthday Memorial Day Martin Luther King Day Floating Holiday July 4 1st Monday in Sept. November 11 4th Thurs. in November Last 'A of working day December 25 Last''/2 of working day January 1 3rd Monday in February Last Monday in May 3rd Monday in January July 15t - 1 day For 2012 only, the % day Christmas Eve and % day New Year's Eve holidays will be considered full 8-hour holidays. Effective the pay period including January 1, 2013 holidays will be paid based on the employee's regular work day schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 8 hours, the employee is entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday pay annually for the Floating Holiday. 12 Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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. 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. D. Bereavement Leave The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her Immediate Family. CEA members shall be entitled to forty (40) hours of bereavement leave per incident (terminal illness followed by death is considered one incident). For the purposes of this section, Immediate Family shall mean an employee's father, mother (including step), brother, sister, spouse/domestic partner, child, grandparents and the Employee's spouse's/domestic partner's father, mother, brother, sister, child and grandparents. E. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the Flex leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for FlexNacation at 0%. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The 13 purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employee enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach City Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. 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 increase to $1,349 (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 $1,449 (plus the minimum CaIPERS participating employer's contribution), Effective the first pay issue in January 2015, the City's contribution towards the Cafeteria Plan will increase to $1,549 (plus the minimum CaIPERS participating employer's contribution). NBCEA 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 employees who execute an opt -out agreement is $1,249 per month effective January 2013. Employees hired after adoption of this 2012-2015 MOU, and who execute an opt -out agreement, will receive a maximum cafeteria allowance of $600 per month. 14 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 BIC. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the BIC. 5. Healthcare Reform The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter healthcare coverage options, cost, or other elements of healthcare services that materially alter the provisions of this MOU, either party may request to reopen Section 4(a)(2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. In addition, should State or Federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. 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: 15 Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee terminates from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. Retirement Benefit 1. Retirement Formula The City contracts with PERS to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits: 16 Tier 1: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the 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 Public Employees Pension Reform Act, the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria, the retirement formula shall be 2.0%(ths62 calculated on the average 36 highest month's salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this 2012-15 MOU, unit members will contribute additional amounts toward the PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. At the conclusion of this contract employees in each Tier will contribute 12.35% of pensionable pay toward the retirement benefit, representing a nearly 50% share in the total cost. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the government tax code. It is recognized that these payments will not be reported to PERS as contributions toward either the member or employer rate and fall outside the scope of "cost -sharing", as provided under GC Section 20516(0. Tier 1 Employees: Effective upon MOU adoption, 1) Employees will continue to contribute 5.58% toward the Member Contribution and 2.42% toward the Employer Contribution for a total of 8%, as provided in prior agreement, and 2) the City will eliminate reporting the value of the 2.42% Employer Paid Member Contribution (EPMC) as special compensation. 17 Effective the pay period including June 30, 2013, Tier 1 employees shall contribute an additional 1,45% of pensionable pay toward retirement costs pursuant to Government Code Section 20516 (f), for a total of 9,45%. Effective the pay period including June 30, 2014, Tier 1 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs for a total of 10.90%; effective the pay period including June 30, 2015, Tier 1 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs, for a total employee contribution of 12.35%. Tier 2 Employees: Effective upon MOU adoption, employees will continue to contribute the full 7.0% statutory PERS Member Contribution. Effective the pay period including June 30, 2013 Tier 2 employees shall contribute an additional 2.45% of pensionable pay toward retirement costs pursuant to Government Code Section 20516(0, for a total of 9.45%. Effective the pay period including June 30, 2014, Tier 2 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs; effective the pay period including June 30, 2015, Tier 2 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs, for a total employee contribution of 12.35%. Tier 3 Employees: The minimum statutory employee contribution for employees in Tier 3 is subject to the provisions of the Public Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of the "total normal cost". For FY12-13, the employee rate is 6.25% and is subject to change based on annual PERS actuarial valuations. Effective the pay period including June 30, 2013, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall contribute an additional 3.20% of base pay toward retirement pursuant to Government Code Section 20516(0, for a total of 9.45%, If the FY13-14 member contribution rate for employees in Tier 3 is greater or less than 6.25%, as determined by PERS valuation, the additional contribution made by the employee under 20516(f) will be increased or decreased accordingly, such that the total contribution equals 9.45%. Effective the pay period including June 30, 2014, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall contribute an additional 4.65% of pensionable pay toward retirement. if the FY14-15 member contribution rate for employees in Tier 3 is greater or less than 6.25%, as determined by PERS valuation, the additional contribution made by the employee 18 under 20516(t) will be increased or decreased accordingly, such that the total contribution equals 10.9%. Effective the pay period including June 30, 2015, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall contribute an additional 6.10% of pensionable pay toward retirement. If the FY15-16 member contribution rate for employees in Tier 3 is greater or less than 6.25%, as determined by PERS valuation, the additional contribution made by the employee under 20516(f) will be increased or decreased accordingly, such that the total contribution equals 12.35%. 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. The City contracts with PERS for the 4"" Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Section 21548). E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January 1, 2007, the City increased the base salary of all members by 1.5%, and then deducted that same amount as a mandatory employee contribution. For tax purposes, the contributions, although designated employee contributions, are being paid by the employer in lieu of contributions by the employee. The contributions are deemed "picked -up" and treated as employer contributions, thereby excluding the employee's gross income until distributed. Employees cannot opt out of the "pick-up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. In accordance with correspondence received from a legal expert retained by the City, this amount will not be taxable, except for Medicare, Minor changes to other compensation related items that are calculated from base salary will also result from this administrative change. 19 The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. As of date of adoption of this MOU, pursuant to Govemment Code 7518.22(c) under the Califomia Public Employees' Pension Reform Act of 2012, effective January 1, 2013, newly hired employees may be ineligible to participate in the LIUNA Supplemental Pension Fund. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2006. 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) RHS Retiree Health Savings (RHS) plan (formerly the Medical Expense Reimbursement Program - "MERP"). 20 a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $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 contributions at the level of zero percent (0%) Flex . This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees 21 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. 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 22 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 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. 23 c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active workforce. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 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 lust 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. 24 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). Tuition Reimbursement NBCEA members attending accredited community colleges, colleges, trade schools or universities, or recognized professional organizations or agencies may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related coursework, seminars or professional development programs. Maximum tuition reimbursement for employees shall be $1,400 per fiscal year. Effective January 1, 2013, reimbursement will increase by $100 per year, for a maximum annual benefit of $1,500 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director or designee. SECTION 5. — Miscellaneous A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 25 "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 the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; and b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 26 1. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 2. Employees within a classification shall be laid off in inverse order of seniority. 3. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. REEMPLOYMENT 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 expire in eighteen (1 B) months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE 27 If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. C. Banding Position vacancy announcements for available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. In order to select the most qualified individual for vacant positions the City will continue its practice of "banding" candidates into one of the following ratings: Outstanding, Highly Recommended, Recommended, and Not Recommended, during the testing process. Department Directors review qualified candidates in band order, beginning with the top band and are permitted to hire any eligible candidate from the list (minimum rating of Recommended). Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. D. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. 28 Effective the pay period beginning January 15, 2011, the 9/80 flex -schedule will be modified as follows: employees will have the option of alternating Fridays off only. Employees currently on a 9/80 schedule with alternating Mondays or any other day off, will convert to Fridays off beginning in January 2011. To ensure effective coverage, employees on the 9/80 schedule will be divided into groups A or B, with equal numbers of staff as much as possible, including management and supervisory staff, off on alternating Fridays. To ensure ongoing compliance with Fair Labor Standards Act, and to maintain organizational efficiency, deviations from established flex days, if legally permitted, will be considered on a case -by - case basis. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to affect the spirit of this agreement. 29 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution 2001-50. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after 30 conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resources Director within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within twenty (20) calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within seven (7) calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Board's decision. The City Manager's decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. 31 H. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in (c), below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. 32 (c) Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation, Salary on Reclassification The City will amend its Employee Policy Manual to provide for a minimum salary increase of five percent (5%) upon reclassification (not to exceed the maximum of the new salary range). J. Uniforms and Safety Equipment For assigned Park Patrol staff, uniforms shall be worn at all times during regular business hours. Park Patrol shall be provided with City designated shirts, shorts, pants, boots, jacket, and hat annually. Additional equipment or supplies may be issued to employees by the Department as deemed appropriate. If the provided winter jacket or work boots are lost, the employee shall replace the item with one from an authorized vendor. Work boots shall provide toe protection and meet Department safety standards. The Department Head or designee may approve exceptions to wearing uniforms. The City will continue its practice of directly paying for dry cleaning for individuals in the Park Patrol classification. K. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Employee Policy Manual, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 33 M. Direct Deposit All employees shall participate in the payroll direct deposit system. N. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. O. 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 provisions of this MOU relating to any schedule adjustment be declared invalid, City agrees to provide alternative benefits agreeable to NBCEA, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. P. Citywide Classification and Compensation Study Concurrent with the adoption of this MOU, the City is undergoing a comprehensive study of its classification and compensation structure, The City agrees to meet with the Association during this study to discuss preliminary findings or recommendations. The parties agree that during the term of this MOU the City may implement the findings and recommendations of this study regarding the compensation and classification of employees. Prior to adopting or implementing final recommendations, the City will meet and confer with the Association to discuss the possible impact on its members. Signatures are on the next page. 34 Executed this day of ra , 2013: 7 FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: By: — L . Teresa Craig, President FOR THE CITY OF NEWPORT BEACH By: /4 GV Keith Curry, Mayor ATTEST: By: ` I/37P/PV1? Leilani Brown, City Clerk OVED AS TO FORM: Aaron Harp, City Attorney EXHIBIT A CITY EMPLOYEES ASSOCIATION REPRESENTED CLASSIFICATIONS Administrative Assistant Building Department Specialist Buyer Cultural Arts/Grant Coordinator Department Assistant Fiscal Clerk Fiscal Clerk, Senior Fiscal Operations Supervisor Fiscal Specialist Graphics & Printing Specialist Harbor Resources Specialist Inventory Analyst Inventory Assistant Librarian I Librarian II Librarian III Library Assistant Library Clerk I Library Clerk II Library Clerk, Senior License Inspector License Supervisor Mail Processing Clerk Mail Processing Clerk, Sr. Marketing Specialist Office Assistant Park Patrol Officer, Lead Printing Services Supervisor Public Works Specialist Records Specialist Recreation Coordinator Recreation Coordinator, Assistant Recreation Supervisor 36 EXHIBIT B City Employees Association - Eligible Certificate Pay For the term July 1, 2012 through June 30, 2015 Certificate* % of Base Pay Monthly Amount (as of 1/1/14) Certified Revenue Officer 2% $85 Microsoft Certified Professional Certificate 1% $45 Forklift Training Certificate 1% $45 Only those unit members receiving the certificate pay at time of MOU adoption are eligible for the benefit. 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. Executed this '"I day of GLSt 2011. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: City Employees' Association By: Teresa Craig, President Firefighter's Association By: -6 71i 7 Brian McDonouci$. President Fire Management Association By: C- Charles Duncan, President Key & Management Employees By: Mike Pisani Police Management Association By: Steve Rasmussen, President Approved David 'IFLr1t?, City Attorney Newport Beach Employees' League BY: 0G Chris Auger, Preside Lifeguard Magna ement Association By: /F1Brent Jacob n, President Profess'onal & Technical Employees' Assoc. By: i, President !m4-rrdt sbo eS PoliceAssociation By: A�ct„n,� David Syvoc , Pr ident FOR THE CITY OF NEWPORT BEACH: By: Ct. Da iff, City Manager Leilani Brown, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION July 1, 2010 through June 30, 2012 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affiliated with UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2010 through June 30, 2012 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. 1 Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2010. This MOU shall remain in full force and effect until June 30, 2012, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time Three NBCEA officers designated by the NBCEA shall collectively be granted 120 hours paid release time maximum, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate 2 times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 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 within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. H. Agency Shop 1. Unit employees, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 3 The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its action pursuant to this section. SECTION 2. — Compensation A. Salary Effective January 1, 2012 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 commencing period of November 2010 with a minimum 1.5% increase and a maximum 3% increase. B. Normal Overtime 1. Definitions a. Miscellaneous Employee - An employee designated as a Miscellaneous member of the Public Employees Retirement System (PERS). b. Normal Overtime — Normal overtime for Miscellaneous employees is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. c. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. d. Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. 4 2. Compensation Normal overtime for all non-exempt employees shall be paid at one - and -one-half (1-1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including Holiday(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and To refrain from activities which might impair the employee's ability to perform his/her assigned duties. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been 5 completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. E. Accumulation of Compensatory Time Off City employees represented by the NBCEA and classified as non-exempt may receive compensatory time off, in lieu of cash, as compensation for overtime hours worked. Compensatory time shall be calculated at the rate of one and one half hours for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and employee agree that the application of "comp time" is a desirable substitute for the payment of cash for overtime. Call-back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of compensatory time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. G. Incentive Shift for Library Members For CEA members in the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for 6 the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. J. Certificate Pay No later than sixty (60) days following the ratification of this Memorandum of Understanding, the City and Association will meet to develop a certificate pay proposal for non -required job related certificates beneficial to City operations. K. Bi-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive one hundred fifty ($150.00) dollars per month in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. SECTION 3. — Leaves A. Flex Leave Members shall accrue Flex leave at the following rates: Maximum Years of Continuous Hrs Accrued per Annual Allowable Service Pay Period Days Balance (hours) 1 but less than 5 5.54 18 432.12 5 but less than 9 6.15 20 479.7 7 9 but less than 12 6.77 22 528.06 12 but less than 16 7.69 25 599.82 16 but less than 20 8.31 27 648.18 20 but less than 25 8.92 29 695.76 25 and over 9.54 31 744.12 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 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 (spill over pay) at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 2. Method of Use 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. Vacation Leave This section applies only to those Regular full-time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 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 Continuous Accrual per Service pay period/hrs 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. 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. Sick Leave This section applies only to those Regular full-time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 1. Basis for Accrual/Full-time Employees Employees entitled to sick 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: Normal Work Week 40 hours Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 hours Method of Use a. General Sick leave may not be taken in excess of that actually accrued. Sick leave may be granted on an hourly basis. 10 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 11.2A 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. 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 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 Martin Luther King Day Floating Holiday July 4 1st Monday in Sept. November 11 4th Thurs. in November Last'/ of working day December 25 Last'/ of working day January 1 3rd Monday in February Last Monday in May 3`d Monday in January July 1st - 1 day Pursuant to a separate agreement, for 2010 only, the % day Christmas Eve and % day New Year's Eve holidays will be combined to make one full holiday to be observed on December 30, 2010. 11 Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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 or sick leave that has been reviewed and approved by the Department Director). Newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. E. Bereavement Leave The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her Immediate Family. For the purposes of this section, Immediate Family shall mean father and mother (including step), brother, sister, wife, husband, child, grandparents and the Employee's spouse's father, mother, brother, sister, child and grandparents. F. Leave Seliback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 12 2. Medical lnsurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $1049. In addition, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach City Employees 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 January 1, 2011, the City's contribution towards the Cafeteria Plan will increase to $1149 (plus the minimum CaIPERS participating employer's contribution). Effective the pay period including January 1, 2012, the City's contribution towards the Cafeteria Plan will increase to $1249 (plus the minimum CaIPERS participating employer's contribution). NBCEA 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 BIC. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the BIC. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account 13 Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. 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 terminates from City employment. 14 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. Retirement Benefit Existing Benefits The City contracts with PERS to provide retirement benefits for its employees. For employees in the current retirement tier, the retirement formula is the 2.5% @ 55, calculated on the basis of the best/highest year with the City reporting the value of the Employer Paid Member Contribution (EPMC). In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Section 21548). Current retirement tier employees will pay an increased contribution toward the Member Contribution as follows: 1.5% January 1, 2011, 1.5% July 2. 2011, 1.58% the pay period that includes January 1, 2012. 2. The City will implement the 2% @ 60 retirement program with the average of the 36 highest paid consecutive months for newly hired employees upon the conclusion of negotiations with all affected employee organizations. In addition these employees will pay the full 7% Member Contribution for the entire term of their employment 3. Separate Agreement In addition to the amounts set forth in D.1 above, pursuant to a separate agreement unit members in the current retirement tier will continue to pay 3.42% toward the employee contribution (representing the entire 8% employee statutory contribution). E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. 15 Effective January 1, 2007, the City increased the base salary of all members by 1.5%, and then deducted that same amount as a mandatory employee contribution. For tax purposes, the contributions, although designated employee contributions, are being paid by the employer in lieu of contributions by the employee. The contributions are deemed "picked - up" and treated as employer contributions, thereby excluding the employee's gross income until distributed. Employees cannot opt out of the "pick-up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. In accordance with correspondence received from a legal expert retained by the City, this amount will not be taxable, except for Medicare. Minor changes to other compensation related items that are calculated from base salary will also result from this administrative change. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2006. 16 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) 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. 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, 17 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 contributions at the level of zero percent (0%) Flex/Vacation/Comp and 0% Sick Leave. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. 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 `bashed 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. 18 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 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: 19 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 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. 20 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). G. Tuition Reimbursement NBCEA 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 $1,400 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 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. 21 DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; and b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 22 PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. Employees within a classification shall be laid off in inverse order of seniority; 3. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be 23 placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. 24 Effective the pay period beginning January 15, 2011, the 9/80 flex -schedule will be modified as follows: employees will have the option of alternating Fridays off only. Employees currently on a 9/80 schedule with alternating Mondays or any other day off, will convert to Fridays off beginning in January 2011. To ensure effective coverage, employees on the 9/80 schedule will be divided into groups A or 8, with equal numbers of staff as much as possible, including management and supervisory staff, off on alternating Fridays. To ensure ongoing compliance with Fair Labor Standards Act, and to maintain organizational efficiency, deviations from established flex days, if legally permitted, will be considered on a case -by - case basis. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. 25 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution 2001-50. G. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after 26 conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resources Director within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Board's decision. The City Manager's decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. Probation 1. Probationary Period 27 Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in (c), below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. 28 (c) Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. Salary on Reclassification The City will amend its Employee Policy Manual to provide for a minimum salary increase of five percent (5%) upon reclassification (not to exceed the maximum of the new salary range). J. Safety Shoes A Safety shoe allowance in the amount of $125 shall be provided to each Print Shop and Mailroom employee on an annual basis. The present policy and practices regarding the supply and maintenance of safety shoes shall remain in place except for the following changes as they apply to the accelerated wear provisions. If the soles of the safety shoes wear out within a year, the employee should present the shoes to his/her supervisor. If the supervisor agrees that the soles are worn out, he will authorize the employee to purchase a new pair of shoes at City expense. If the supervisor judges that the uppers are in good condition, he will authorize the employee to have the shoes resoled at City expense. K. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Employee Policy Manual, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 29 M. Direct Deposit All employees shall participate in the payroll direct deposit system. N. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. O. 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 provisions of this MOU relating to any schedule adjustment be declared invalid, City agrees to provide alternative benefits agreeable to NBEL, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. P. Uniform Allowance The City will continue its practice of directly paying for dry cleaning for individuals in the Park Patrol classification. Signatures are on the next page. 30 Executed this (-I day of 1)-e.CZYA f�PrY ,2010 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION b By: Teresa Craig, President By. . -P(r) aul Bechely, Negotiation Tea Ef2, CITY OF NEWPORT B 3 CH By: feet Mayor ATTEST: By: 1R, City Clerk APPROVED AS TO FORM: David Hunt, City £ ttorney 31 EXHIBIT A CITY EMPLOYEES ASSOCIATION Administrative Assistant Building Department Specialist Buyer Cultural Arts/Grant Coordinator Department Assistant Fiscal Clerk Fiscal Clerk, Senior Fiscal Operations Supervisor Fiscal Specialist Graphics & Printing Specialist Harbor Resources Specialist Inventory Analyst Librarian I Librarian II Librarian II, (Mariners) Librarian III Library Assistant Library Clerk I Library Clerk II Library Clerk, Senior License Inspector License Supervisor Mail Processing Clerk Mail Processing Clerk, Sr. Marketing Specialist Office Assistant Park Patrol Officer, Lead Printing Services Supervisor Public Works Specialist Records Specialist Recreation Coordinator Recreation Coordinator, Assistant Recreation Supervisor 32 EXHIBIT A Side Letter to the Mt.ioranda of Understanding between the City of Newport Beach and the Several Newport Beach Employee Associations and Unrepresented Employee Group In 2009, the City and its Employee Associations agreed upon the closure of the Civic Center complex during the Christmas and New Year's Holiday period. To support the City's ongoing efforts to meet its fiscal, managerial and operational goals, the Newport Beach Employee Associations and Unrepresented Group representatives listed below acknowledge the need for the City to reduce expenditures and the City's liability during Fiscal Year 2010-2011. The undersigned Associations and the City jointly agree to the closure of the Civic Center complex and other non -essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2010 through December 31, 2010). Facility shutdowns, including the Civic Center complex, 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 the Civic Center 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. Due to the holidays of Christmas and New Year's Day falling on Saturday, employees will work a full day on Thursday, December 23 and roll the designated 1/2 paid holiday from December 23 to Thursday, December 30, in order to make one complete paid holiday (8 hours). This results in only 3 full days (12/27, 12/28, and 12/29) that are required for employees to take off during the holiday closure. This is a one-time exception of the existing designated holiday schedule outlined in the current Memoranda of Understanding for each Association. 2. According to the City's Employee Policy Manual, an employee must be in paid status in order to receive holiday pay. Therefore, employees must 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 will be eligible to take leave without pay and still receive holiday pay will be Tuesday, December 28. 3. 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. 4. Employees on a flexible schedule whose regularly scheduled day off falls between December 24, 2010 and December 31, 2010 will take their regularly scheduled day off. Employees in this category will only be required to take flexible leave, vacation leave, administrative leave or compensatory time for the alternate day they are scheduled to work. This agreement will help lower the liability on the City's books for leave balances and will provide for some savings in utilities and other maintenance costs for Fiscal Year 2010-2011. This agreement shall not apply to Public Safety personnel 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. Signatures are on the next page. Executed this day of 2010 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: CITY EMPLOYEES By: U t,8. Teresa Craig, Preside FIREFIGHTERS ASSOCIATION By: c ji 2% v0aGy.� Brian McQomough; President FIRE MANAGEMENT By: d. t. Lt✓+- �� Charles Duncan, Vice - President KEY & MANAGEMENT EMPLOYEES (1 1 By: U �r Mike Pisani POLICE MANAGEMENT By: Mark , President CITY OF NEWPORT BEACH By: Kiff, City anager LEAGUE EMPLOYEES By: Thu orrell, resi ent LIFEGUARD MANAGE I ENT By: �' IAC'c'/z1 '"'- Brent Jacobsen, resident PROFESSIONAL AND TECHNICAL By: Russell Bunim, resident POLICE By: David Syvock, Pre dent APPROVED AS TO FORM: OFFICE -Se THE CITY ATTORNEY ♦ By; David R.'Hunt, City Atto ney 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. / /0 EXHIBIT A Side Letter to the Memoranda of Understanding between the City of Newport Beach and the Several Newport Beach Employees Associations as well as Unrepresented Employee Groups In the spirit of unity and to support the City's ongoing efforts to meet its fiscal, managerial, and operational goals, the Newport Beach Employees Associations and Unrepresented Group representatives listed below acknowledge the need for the City to reduce expenditures and the City's liability during the Fiscal Year 2009-2010. The City has shared its budget challenges in an open manner and is hopeful that the resolution to the problem will be a collaborative effort. To that end, the undersigned Associations and the City jointly agree to the closure of City Hall and other non -essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2009 at 12:00 noon through and including January 1, 2010). Facility shutdowns, including City Hall, 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 City Hall and other non -essential employees will not be given the option to work during this period, unless specifically requested by Department Directors and authorized by the City Manager. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: I, Employees will be required to take flexible leave, vacation leave, administrative leave or compensatory time for the hours that they are scheduled to work from December 26, 2 009 through December 31, 2009. Scheduled paid holidays designated in existing Memoranda of Understanding (MOU) and authorized for unrepresented employee groups will not be affected. 2. Employees in their initial probationary period may choose to be advanced the leave time from their flexible leave bank for each day they are scheduled to work. 3. 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. 4, Employees on a flexible schedule whose regularly scheduled day off falls between December 25, 2009 and January 1, 2010 would take their regularly scheduled day off. Employees in this category would only be required to take flexible leave, vacation leave, administrative leave or compensatory time for the alternate day they are scheduled to work. The goal of this current furlough is to lower the' liability on the books for leaves taken, result in savings of utilities and other maintenance costs for fiscal year 2009/2010. 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. Signatures are on the next page. Executed this /0 11day of No_r-FNI, NEWPORT BEACH EMPLOYEE ASSOCIATIONS: CITY EMPLOYEES By: Teresa Craig, Presi FIREFIGHTERS ASSOCIATION 2009 LEAGUE P OYEES By: r I F+ Dusti Burnside, President LIFEGUARD MANAGEMENT By: B Chad Ponegalek, President FIRE .MANAGEMENT By: -j Dave Mais, President KEY & 1VIANAGEMENT EMPLOYEES By: }''-- Susan Giangrande or Mike Pisani CITY OF NEWPORT BEACH: By: ? +� DaJeAiff, City Man .rfer rent Jap-absen, President PROFESSIONAL AND TECHNICAL By: 2 Michael Wojciechowski, President POLICE EMPLOYEES By: David Syvock,'l're'sident POLICE MANAGEMENT By: oom Gazsi, President ADMIN BLDG {.:kV Parking, Mgter Crew: 1 Supervisor 2 Meter Wrkrs 1 PT Mtr Wrk On Call Warehouse None None CC° None HOLIDAY CLOSURE POSITIONS UNABLE TO PARTICIPATE CMO FIRE GEN SRVCS HR LIBRARY Parking Operations Tidepools - 1 Staff Member, 10 Hours Fire Operations Lifeguard Operations All None **See note below for Jan 2 and 3 schedule PLANNING None POLICE f'L4 REC & SS Operations 1 PW Inspector None UTILITIES On Call Water Sewer Electrical Services Some Meter Reading , **Note: Library Sch During Holiday Closure January 2, 2010 Total Hours Central 1- Lib Clerk I 4 - PT Clerk I 7 - PT Pages 1- Librarian II 2 - Librarian I 16 2 - Library Assts 16 1- PT Lib Asst Cd M 1 - Library Asst 8 1- Lib Clerk l 8 1-PT Page Mariners 1 - Librarian II 8 1 - Library Asst 8 2 - PT Lib Clerk I 16 Balboa 1- PT Lib Asst 1 - PT Lib Clerk I 1- PT Page E 32 38.25 8 January 3, 2010 Total Hours Central 1- Lib Clerk II 2 - PT Clerk l 4 - PT Pages 1- Librarian II 2 - Librarian I 2 - Library Assts 1- PT Lib Asst CdM None Mariners 1- Librarian I 1 - Library Asst 1 - Lib Clerk II 1 - PT Lib Clerk I 1 - PT Page Balboa None 5 11 22.75 6 13 11 5 8 8 8 5.5 5 ALL LIBRARY LOCATIONS CLOSED: DEC 24 fg1.00 Dna JAN1 All 1-1LL usrrrr E.E4LN11rµ O Er kw a.. 13!9 JAN 3 - CENTRAL: MARINERS OPEN MOOR - 3:00 pm. ILae NON 1IE 10E4 T17IJ Fill SLT 11 i I r 71 lu i I 23 134 Li OSN.iJi1# .. ZS' it Gl1REn Mom. t7 QDz[D 1 28 cLovEP MN .aroma .WE NEiaEHN !S CLOSED PS C2O &1 !T `.LT}SEn 01 N. 1 NwyCYRS i tE09:1E0 7 i1L.ENN 3 Ifl NEWPORT BEACH PUBLIC LIBRARY HOLIDAY 1 FURLOUGH SCHEDULE Prepared by jramirez 11/04/2009 Page 1 EXHIBIT C CITY HALL WILL BE CLOSED HALF DAY/AT 12:00 ON THU 'DAYS DECK BER 24 200 AND RE -OPEN ON MONDAY, J NU RY 4 201 EXHIBIT D PRESS RELEASE FOR IMMEDIATE RELEASE City of Newport Beach Announces Holiday Closure Newport Beach (December 1, 2009) — The City of Newport Beach City Hall and other City facilities will be closed between the Christmas and New Years Holidays, starting at noon, December 24, 2009, and reopening, Monday, January 4, 2010. Emergency services will continue to be provided at full staffing levels and the Police and Fire Departments will be fully operational through the entire holiday season. Refuse service will also continue as scheduled and the City Libraries will be opened with reduced staffing. The closure is expected to save the City approximately $378,000 through a reduction in the City's liability for compensated absences and energy costs. The holiday season includes closure of the following City facilities: City Hall — 3300 Newport Boulevard, Newport Beach OASIS Senior Center— 800 Marguerite, Corona del Mar All Community Centers City employees have been asked to participate on a voluntary basis and to use vacation, flex time, or compensatory time during the closure. City of Newport Beach phone numbers to remember: • Life -threatening emergencies: 911 • Non -emergency calls (NBPD): (949) 644-3717 (Dispatch) For questions about the holiday closure, contact the City Manager's Office at (949) 644-3000, or visit the City's website at www.newportbeachca.Bov. C-205-9 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY EMPLOYEE ASSOCIATION 1. This Supplemental Memorandum of Understanding (MOU) sets forth the agreement between the City of Newport Beach (City) and City Employee Association (Association) for the implementation of the California Public Employees Retirement System 2.5% @ 55 retirement formula. The City and Association agree as follows: 2. The 2.5% @ 55 retirement program will be implemented on January 1, 2008. Plan options will remain unchanged. 3. Concurrently, the entire 3.42% cost of the plan change (2.42% employer and 1% employee) will be added to the employee's rate pursuant to California Retirement Code Section 20516. This will bring the total employee contribution to 10.42%. The City will continue to pay 7% towards the employee share. Employees will pay the balance on a pre-tax basis pursuant to IRS Code Section 414(h)(2). 4. Implementation of this agreement requires the affirmative vote of a majority of the City's Miscellaneous Retirement Plan Members. If this does not occur, the City and Association will reopen negotiations on retirement issues only. 5. All other matters within the scope of representation are covered in the Memorandum of Understanding between the City and Association dated July 1, 2007 through June 30, 2010 and successor Memoranda. 6. 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. The City and Association will meet and confer on those portions of the MOU found invalid. 7. The term of this Supplemental MOU will be for 10 years, from July 1, 2007 through June 30, 2017. Neither party shall attempt to amend the provisions contained herein during this 10-year term. Signatures are on the next page. Executed this Mayor ATTEST: By: ity Clerk day of ('/7)- ,2007 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: AP ,ROVED AS TO FORM: Cit Attorney r Teresa Craig, Presiden aul Bechely, Ne•o iation Team C .205 9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affiliated with UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2007 to June 30, 2010 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of Califomia and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. 1 B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2007. This MOU shall remain in full force and effect until June 30, 2010, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBCEA officers designated by the NBCEA shall collectively be granted 120 hours paid release time maximum, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate 2 times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the 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 within the scope of -representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. H. Agency Shop 1. Unit employees, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 3 4. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its action pursuant to this section. SECTION 2. — Compensation A. Salary Effective the pay perio increased by 2%. Effective the pay period increased by 2.5%. Effective the pay perio increased by 2.5%. Effective the pay perio increased by 4%. B. Normal Overtime 1. Definitions d beginning June 23, 2007, salaries shall be beginning December 22, 2007, salaries shall be d beginning June 21, 2008, salaries shall be d beginning June 20, 2009, salaries shall be a. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). b. Normal Overtime — Normal overtime for miscellaneous employees is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. c. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. 4 d. Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. 2. Compensation Normal overtime for all non-exempt employees shall be paid at one - and -one-half (1-1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including Holidav(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and d. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. 2. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 5 D. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to retum to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. E. Accumulation of Compensatory Time Off City employees represented by the NBCEA and classified as non-exempt may receive compensatory time off, in lieu of cash, as compensation for overtime hours worked. Compensatory time shall be calculated at the rate of one and one half hours for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and employee agree that the application of "comp time" is a desirable substitute for the payment of cash for overtime. Call-back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of compensatory time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. F. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. G. Incentive Shift for Library Members For CEA members in the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours 6 incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. P. Certificate Pay No later than sixty (60) days following the ratification of this Memorandum of Understanding, the City and Association will meet to develop a certificate pay proposal for non -required job related certificates beneficial to City operations. L. Bi-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive one hundred fifty ($150.00) dollars per month in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. 7 SECTION 3. — Leaves A. Flex Leave Members shall accrue Flex leave at the following rates: Years of Continuous Accrual per Annual Service 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 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 member's bi-weekly accrual rate. Any flex leave eamed in excess of this level will be paid on an hour for hour basis in cash (spill over pay) at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for eamed flex leave in excess of the maximum permitted accrual at the members hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required 8 amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 2. Method of Use 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 Leave This section applies only to those Regular full-time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 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 Continuous Accrual per Service pay period/hrs 0 but less than 5 5 but less than 9 9 but less than 12 12 but Tess than 16 16 but less than 20 20 but Tess than 25 25 and over 9 3.38 3.99 4.61 5.22 5.84 6.46 7.07 2. Limit on Accumulation Accrual of vacation days in excess of those eamed 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. 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. Sick Leave This section applies only to those Regular full-time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 1. Basis for Accrual/Full-time Employees Employees entitled to sick 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: Normal Work Week 40 hours Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 hours 2. Method of Use a. General 10 Sick leave may not be taken in excess of that actually accrued. 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 11.2A 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 50 months of accrued sick leave, and who have used six or Tess days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. 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 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 Martin Luther King Day 11 July 4 1st Monday in Sept. November 11 4th Thurs. in November Last'/ of working day December 25 Last 'A of working day January 1 3`d Monday in February Last Monday in May 3`d Monday in January Floating Holiday July 1st - 1 day In 2007 only, Christmas Eve and New Years Eve will be observed as full day holidays. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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 or sick 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. E. Bereavement Leave The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her Immediate Family. For the purposes of this section, Immediate Family shall mean father and mother (including step), brother, sister, wife, husband, child, grandparents and the Employee's spouse's father, mother, brother, sister, child and grandparents. F. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data 12 regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical lnsurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $774. In addition, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach City Employees 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 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). Effective the pay period beginning December 19, 2009, the City's contribution towards the Cafeteria Plan will increase to $1,049 (plus the minimum CaIPERS participating employer's contribution). NBCEA 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. 13 3. Dental lnsurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the BIC. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the BIC. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. 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. 14 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 terminates from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. Retirement Benefit 1. Existing Benefits The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Section 21548). 2. Separate MOU Pursuant to a separate MOU between the City and Association the City will implement the 2.5%@55 retirement formula, effective January 1, 2008. E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. 15 The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January 1, 2007, the City increased the base salary of all members by 1.5%, and then deducted that same amount as a mandatory employee contribution. For tax purposes, the contributions, although designated employee contributions, are being paid by the employer in lieu of contributions by the employee. The contributions are deemed "picked - up" and treated as employer contributions, thereby excluding the employee's gross income until distributed. Employees cannot opt out of the "pick-up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. In accordance with correspondence received from a legal expert retained by the City, this amount will not be taxable, except for Medicare. Minor changes to other compensation related items that are calculated from base salary will also result from this administrative change. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to retum of amounts contributed, or other recourse against the City concerning LIUNA. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006 was less than 50 (46 for public safety employees). 16 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) 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. 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 17 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 contributions at the level of zero percent (0%) flex and sick. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. 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 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. 18 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 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 CalPERS 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 19 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 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 20 be used for any IRS authorized purpose, not iust 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). G. Tuition Reimbursement NBCEA 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 $1,400 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. 21 SECTION 5. — Miscellaneous 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. DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; and b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 22 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 2. Employees within a classification shall be laid off in inverse order of seniority; 3. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Employee Policy Manual. 23 REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or 24 less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no Tess than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour, grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. 25 F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. G. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after 26 conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an altemative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resources Director within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Board's decision. The City Manager's decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. H. Probation 1. Probationary Period 27 Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in (c), below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. 28 (c) Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. Salary on Reclassification The City will amend its Employee Policy Manual to provide for a minimum salary increase of five percent (5%) upon reclassification (not to exceed the maximum of the new salary range). J. Safety Shoes A Safety shoe allowance in the amount of $125 shall be provided to each Print Shop and Mailroom employee on an annual basis. The present policy and practices regarding the supply and maintenance of safety shoes shall remain in place except for the following changes as they apply to the accelerated wear provisions. If the soles of the safety shoes wear out within a year, the employee should present the shoes to his/her supervisor. If the supervisor agrees that the soles are worn out, he will authorize the employee to purchase a new pair of shoes at City expense. If the supervisor judges that the uppers are in good condition, he will authorize the employee to have the shoes resoled at City expense. K. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. L. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Employee Policy Manual, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 29 M. Direct Deposit All employees shall participate in the payroll direct deposit system. N. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. O. 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 provisions of this MOU relating to any schedule adjustment be declared invalid, City agrees to provide alternative benefits agreeable to NBEL, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. Signatures are on the next page. 30 Executed this fl day of ,2007 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: -- Teresa Craig, Pre ' nt By;/: I rr 1;v14----P Paul Bechely, Negotiation Team CITY OF NEWPORiC BEACH By: Mayor ATTEST: By. dEkir /2i. 16t71 City Clerk APPROVED AS TO FORM: 10) Robin Clauson, City Attorney 31 EXHIBIT A CITY EMPLOYEES ASSOCIATION Administrative Assistant Buyer Cultural Arts/Grant Coordinator Department Assistant Fiscal Clerk Senior Fiscal Clerk Fiscal Specialist Graphics & Printing Specialist Harbor Resources Specialist Inventory Analyst Librarian I Librarian 11 Librarian II, (Mariners) Librarian III Librarian IV Library Assistant Library Clerk 1 Library Clerk II Senior Library Clerk License Inspector Mail Processing Clerk Mail Processing Clerk, Sr. Marketing Specialist Office Assistant Printing Services Supervisor Public Works Specialist Recreation Coordinator Recreation Coordinator, Assistant Records Specialist Senior Recreation Leader II 32 • • SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This Supplemental Memorandum of Understanding (SMOU) modifies the Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach City Employees Association for the term commencing July 1, 2005 and concluding June 30, 2007, and the SMOU between the parties executed December 13, 2005. SECTION 2 — Retiree Health Benefits is amended to read as follows 2. Effective December 24, 2005 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 0% of sick and flex leave. Any future changes are 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. 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 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, this same level of participation is mandatory for any conversion of leave to cash by its members, with the exception of "spillover" amounts above the maximum accumulation balance. No such spillover payments will be included in Part C contributions. Use of leave for time off purposes is not constrained by this prohibition. 1 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. All other provisions of the MOU and SMOU executed December 13, 2005 remain in effect. Executed this day of 2007. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: CITY OF NEWPO = EACH By: Mayor ATTEST: orf'ilox, 4-) / City Clerk APPROyED AS TO FORM: City Attorney 2 • • SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This Supplemental Memorandum of Understanding (SMOU) modifies the Memorandum of Understanding (MOU) between the City of Newport Beach (City) and the Newport Beach City Employees Association (Association) for the term commencing July 1, 2005 and concluding June 30, 2007. SECTION 1. — COMPENSATION The following language shall be added to Section 2.A — Salary: Effective the pay period beginning December 24, 2005 (concurrent with the implementation of the revised retiree medical benefit as set forth in Section 2, below), salaries shall be increased by 1%. SECTION 2. - RETIREE HEALTH BENEFITS The City and Association have agreed on a revised Retiree Health Benefits Program, and Section 4F of the MOU is revised as follows: 1. Prior to December 24, 2005 The retiree health benefits program shall be as set forth in the MOU between the City and Association. 2. Effective December 24, 2005 The retiree health benefits program shall be as follows. 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). 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 1 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 15t based on status as of December 31 st 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 50% of sick and flex leave. Any future changes are 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. 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 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 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 49 or less at the time of implementation must convert to the new plan. Those with age plus years of service of 50 or more have the option of fully converting or remaining in the old plan with modified participation in the new plan. 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 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 F.4.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. 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 actions 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. f. 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). SECTION 3. — BI-LINGUAL PAY The City and Association have agreed on Bi-Lingual Pay, and Section 5.0 is amended to read as follows: Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi- lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director. Except as modified by this SMOU, the MOU between the City and Association remains in full force and effect. Signatures are on the next page. 6 Executed this I3+11day of December I CITY OF NEWPORT BEACH By: Mayor ATTEST: La Vonne Harkless, City Clerk APPR D AS TO FORM: Robin Clauson, City Attorney NEWPORT BEACH CITY EMPLOYEES ASSOCIATION i7 By:{.. (-;1"' ,.L}t__;. Teresa L. Craig, President 7 • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affiliated with UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2005 to June 30, 2007 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. 1 • • B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2005. This MOU shall remain in full force and effect until June 30, 2007, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBCEA officers designated by the NBCEA shall collectively be granted 120 hours paid release time maximum, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate 2 times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. H. Agency Shop 1. Unit employees, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 3 4. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its action pursuant to this section. SECTION 2. — Compensation A. Salary Effective the pay increased by 5%. Effective the pay increased by 3%. B. Normal Overtime 1. Definitions period beginning June 25, 2005, salaries shall be period beginning June 24, 2006, salaries shall be a. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). b. Normal Overtime — Normal overtime for miscellaneous employees is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. c. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. d. Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. 4 2. Compensation Normal overtime for all non-exempt employees shall be paid at one - and -one-half (1-1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week IncIudine Holiday(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and d. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. 2. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 5 D. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. E. Accumulation of Compensatory Time Off City employees represented by the NBCEA and classified as non-exempt may receive compensatory time off, in lieu of cash, as compensation for overtime hours worked. Compensatory time shall be calculated at the rate of one and one half hours for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and employee agree that the application of "comp time" is a desirable substitute for the payment of cash for overtime. Call-back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. F. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. G. Incentive Shift for Library Members For CEA members in the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours 6 incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. SECTION 3. — Leaves A. Flex Leave Effective the pay period beginning June 25, 2005, members hired on or after July 1, 1996 shall accrue (prospectively) flex leave at the same rate as members hired prior to July 1, 1996. Members shall accrue Flex leave at the following rates: Years of Continuous Accrual per Annual Service 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 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 7 employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave 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. • B. Vacation Leave This section applies only to those Regular full time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 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 Continuous Accrual per Service pay period/hrs 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 thefollowing 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, 9 the seniority and wishes of the employee. Vacation leave may be granted on an hourly basis. C. Sick Leave This section applies only to those Regular full time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 1. Basis for Accrual/Full-time Employees Employees entitled to sick 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: Normal Work Week 40 hours Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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. 10 • • 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 11.2A 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 50 months of accrued sick leave, and who have used six or Tess days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. 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 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 Martin Luther King Day Floating Holiday 11 July 4 1st Monday in Sept. November 11 4th Thurs. in November Last % of working day December 25 Last'// of working day January 1 3`d Monday in February Last Monday in May 3b Monday in January (1) Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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 or sick leave that has been reviewed and approved try 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, which allows the successful completion of their probationary period. E. Bereavement Leave The necessary absence from duty by an employee having a regular or probationary appointment, because of the 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, sister-in-law, brother-in-law, employee's spouse's child and grandparents. F. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, 12 appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $674. In addition, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach City Employees 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 24, 2005, the City's contribution towards the Cafeteria Plan will increase to $724 (plus the minimum CaIPERS participating employer's contribution). Effective the pay period beginning December 23, 2006, the City's contribution towards the Cafeteria Plan will increase to $774 (plus the minimum CaIPERS participating employers's contribution). NBCEA 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 BIC. 13 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the BIC. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. 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. 14 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. Retirement Benefit 1. Existing Benefits The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit and 2% Cost of Living Adjustment. As soon as possible the City will amend its PERS contract to provide the pre -retirement option settlement 2 death benefit (Section 21548). 2. Reopener The parties agree to reopen negotiations on a possible retirement plan enhancement after receipt of retirement rates for the period beginning July 2006. Any negotiated change must be cost neutral to the City. E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. 15 The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Health Benefits Program 1. Eligibility The City provides retiree health benefits for employees who retire from the City with seven or more continuous years of service and become PERS annuitants. Retirees must be enrolled in a City -sponsored medical plan at the time of retirement to be eligible for the City's contribution. Retirees are eligible for the City's contribution towards coverage for themselves and one dependent (2-party coverage). Enrollment of additional dependents is allowed and the cost to cover more than one dependent is the sole responsibility of the retiree. In the event of the death of the retiree, only a dependent spouse will be allowed to continue coverage. Cancellation of coverage by the retiree at any time, including cancellation due to failure to pay the required monthly premiums, will render the retiree and dependents ineligible for any and all portions of the City's Retiree Health Benefits Program from the date of cancellation forward. This eligibility requirement does not preclude future enrollment in the CaIPERS Health Benefits Program, but discontinues the City's contribution. 2. Enrollment If the retiree and their dependent(s) meet all of the City's program and insurance plan eligibility requirements, they may continue, upon retirement, their medical, dental and vision coverage or any combination thereof. Re -enrollment or new enrollment of a retiree or dependent(s) is not allowed under the City's Retiree Health Benefits Program once cancellation of coverage by a retiree has occurred, including cancellation due to failure to pay the required monthly premiums or prior declined enrollment in coverage. This provision does not apply 16 to future enrollment in the CaIPERS Health Benefits Program, but does discontinue the City's contribution. 3. Administration It is the responsibility of the retiree to notify the City of Newport Beach Human Resources Department at (949) 644-3300 or in writing to P.O. Box 1768, Newport Beach, CA 92658-8915, of any change of address or other contact information, any change in a PERS medical plan, any change in Medicare eligibility or status for the retiree or their dependent, and/or any change consistent with a qualified status change (e.g., marriage, divorce, birth or adoption, death of a dependent, change in spouse's employment status that affects the spouse's benefits eligibility under another employer's plan, etc.). Notification of a qualified status change must be done within 30 days of the status change. 4. Funding of the Retiree Health Benefits Program a. The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach City Employees Association. The City and active employees shall be responsible for seventy-five percent (50% City and 25% actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBCEA unit employees, the per month employee deduction for retiree medical insurance shall be $44.07 per month. 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 NBCEA 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 NBCEA prior to any increases in employee deduction levels. All monthly premiums must be paid in full upon receipt of the invoice. Failure to pay monthly premiums within 60 days of invoice date will result in the cancellation of the retiree and his/her dependent(s). 17 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 (a) above, each NBCEA 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 NBCEA mutually agree to end the funding on behalf of NBCEA 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 (a) above. In the event the retiree medical insurance program described herein is discontinued, NBCEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBCEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBCEA unit. The City will provide NBCEA with an annual report certified by the City Administrative Services Director describing the balance, interest earnings, and any expenditures of the trust account described herein. The City and NBCEA agree to continue negotiations on revisions to the retiree medical insurance program. The parties agree to conclude negotations on the revisions to the retiree medical program no later than September 30, 2005. G. Tuition Reimbursement NBCEA 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 $1,400.00 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. 18 4 All claims for tuition reimbursement require the approval of the Human Resources Director. SECTION 5. — Miscellaneous 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. DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher 19 ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. 'Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 2. Employees within a classification shall be laid off in inverse order of seniority; 3. An employee subject to layoff in one classification shall have the right to bump a Tess senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave 20 (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. C. Promotional Preference Where no Tess than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a 21 test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. 22 The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. G. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, 23 forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Director within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. 24 H. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in c, below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in c, below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to retum to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is retumed to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. 25 (c) Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, in violation of Personnel Policy Section 303 Non -Discrimination may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. Salary on Reclassification The City will amend its Employee Policy Manual to provide for a minimum salary increase of five (5%) percent upon reclassification (not to exceed the maximum of the new salary range). J. Safety Shoes A Safety shoe allowance in the amount of $125.00 shall be provided to each Print Shop and Mailroom employee on an annual basis. The present policy and practices regarding the supply and maintenance of safety shoes shall remain in place except for the following changes as they apply to the accelerated wear provisions. If the soles of the safety shoes wear out within a year, the employee should present the shoes to his/her supervisor. If the supervisor agrees that the soles are worn out, he will authorize the employee to purchase a new pair of shoes at City expense. If the supervisor judges that the uppers are in good condition, he will authorize the employee to have the shoes resoled at City expense. K. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. L. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Employee Policy Manual, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 26 M. Direct Deposit All employees shall participate in the payroll direct deposit system. N. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. O. Bi-Lingual Committee The City and Association agree to continue the joint committee to study the issue of bi-lingual pay. P. 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 provisions of this MOU relating to any schedule adjustment be declared invalid, City agrees to provide alternative benefits agreeable to NBEL, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this day of 5v-Eem cp ,2005 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: Teresa Craig, President By: e}LoLk.„:1 Paul Bechely, Negotiation LT - am tip- CITY OF NEWPORT BEACH By: John Heffet'n ATTEST: By: tietii—' , Mayor -aVonne Harkless, City Clerk APPRO,gDJAS TO FORM: Robn'tlauson, City Attorney 2L • EXHIBIT A CITY EMPLOYEES ASSOCIATION Accountant I Accountant II Administrative Assistant Buyer Cultural Arts/Grant Coordinator Department Assistant Fiscal Clerk Senior Fiscal Clerk Fiscal Specialist Graphics & Printing Specialist Inventory Analyst Librarian I Librarian II Librarian III Librarian IV Library Clerk I Library Clerk II Senior Library Clerk License Inspector MIS Technician Office Assistant Printing Services Supervisor Public Works Specialist Recreation Coordinator Recreation Manager Senior Recreation Leader II Stock Clerk 29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affiliated with UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2004 to June 30, 2005 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other 1 classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2004. This MOU shall remain in full force and effect until June 30, 2005, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBCEA officers designated by the NBCEA shall collectively be granted 120 hours paid release time maximum, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, 2 ti • • and distribution of NBCEA written communication in the work place. D. Employee Data and Access The. City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. 3 H. Agency Shop 1. Unit employees, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 4. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its action pursuant to this section. SECTION 2. - Compensation A. Salary Salaries shall remain unchanged for the term of this agreement. B. Normal Overtime 1. Definitions a. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). b. Normal Overtime - Normal overtime for miscellaneous employees is defined as any scheduled hours worked in excess of the basic 4 work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. c. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. d. Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. 2. Compensation Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including Holidav(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. C. Standby Duty 1. Defined a. To be ready to respond immediately to calls for service; b. To be reachable by telephone; c. To remain within a specified distance from his/her work station; and 5 d. To refrain from activities which might impair the employee's ability to perform his/her assigned. duties. 2. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. D. Call -Back Duty 1. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and - one -half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. E. Accumulation of Compensatory Time Off City employees represented by the NBCEA and classified as non-exempt may receive compensatory time off, in lieu of cash, as compensation for overtime hours worked. Compensatory time shall be calculated at the rate of one and one half hours for each hour of overtime worked beyond the 40 hour limit of the work week. Compensatory time is to be granted only when the employer and employee agree that the application of "comp time" is a desirable substitute for the payment of cash for overtime. Call-back time may be converted to comp time with supervisor approval. Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. F. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. G. Incentive Shift for Library Members For CEA members in the Library Services Department, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum pf two (2) hours of such compensation. I. Acting Pay NBCEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum hours requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. 7 SECTION 3. Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave according to the following schedule: Years of Continuous Accrual per Annual Service 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 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 8 advanced from the employees final check. leave time advanced during the first employment will be subtracted from the of accrual placed in the employees completion of six months employment. 1. Limit on Accumulation six six account Any flex months of (6) months upon 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 provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave 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. 9 B. Vacation Leave This section applies only to those Regular full time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 1. Basis for Accrual/Full-Time Employees Employees entitled to vacation shall accrue such leave based continuous service and the number normal work week for the position are assigned in accordance with schedule: Years of Continuous Service 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 leave -with -pay on years of of hours in a to which they the following Accrual per pay period/hrs 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 10 4 • • 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. Sick Leave This section applies only to those Regular full time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 1. Basis for Accrual/Full-time Employees Employees entitled to sick 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: Normal Work Week 40 hours Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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 11 • • 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 11.2A 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. 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 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. 12 Independence Day July 4 Labor Day 1st Monday in Sept. Veteran's Day November 11 Thanksgiving Day 4th Thurs. in November Friday following Thanksgiving Christmas Eve Last ?. of working day Christmas December 25, 2004 New Year's Eve Last of working day New Year's Day January 1 Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Martin Luther King Day 3rd Monday in January Floating Holiday (1) Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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 or sick 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, which allows the successful completion of their probationary period. E. Bereavement Leave The necessary absence from duty by an employee having a regular or probationary appointment, because of the 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. 13 F. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. SECTION 4. - Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. Effective July, 2004, the City contribution toward the Cafeteria Plan shall be $584. In addition, the City shall contribute the minimum Ca1PERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach City Employees 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 14 accordance with plan rules and during regular open enrollment periods. Effective January 1, 2005, the City's contribution towards the Cafeteria Plan will increase to $674 (plus the minimum CalPERS participating employer's contribution). NBCEA 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 BIC. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the BIC. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. 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. 15 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. 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. Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is 16 the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit and 2% Cost of Living Adjustment. As soon as possible the City will amend its PERS contract to provide the pre -retirement option settlement 2 death benefit (Section 21548). E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Health Benefits Program 1. Eligibility The City provides retiree health benefits for employees who retire from the City with seven or more continuous years of service and become PERS annuitants. Retirees must be enrolled in a City - sponsored medical plan at the time of retirement to be eligible for the City's contribution. Retirees are eligible for the City's contribution towards coverage for themselves and one dependent (2-party coverage). Enrollment of additional dependents is allowed and the cost to cover more than one dependent is the sole responsibility of the retiree. 17 In the event of the death of the retiree, only a dependent spouse will be allowed to continue coverage. Cancellation of coverage by the retiree at any time, including cancellation due to failure to pay the required monthly premiums, will render the retiree and dependents ineligible for any and all portions of the City's Retiree Health Benefits Program from the date of cancellation forward. This eligibility requirement does not preclude future enrollment in the Ca1PERS Health Benefits Program, but discontinues the City's contribution. 2. Enrollment If the retiree and their dependent(s) meet all of the City's program and insurance plan eligibility requirements, they may continue, upon retirement, their medical, dental and vision coverage or any combination thereof. Re -enrollment or new enrollment of a retiree or dependent(s) is not allowed under the City's Retiree Health Benefits Program once cancellation of coverage by a retiree has occurred, including cancellation due to failure to pay the required monthly premiums or prior declined enrollment in coverage. This provision does not apply to future enrollment in the Ca1PERS Health Benefits Program, but does discontinue the City's contribution. 3. Administration It is the responsibility of the retiree to notify the City of Newport Beach Human Resources Department at (949) 644-3300 or in writing to P.O. Box 1768, Newport Beach, CA 92658-8915, of any change of address or other contact information, any change in a PERS medical plan, any change in Medicare eligibility or status for the retiree or their dependent, and/or any change consistent with a qualified status change (e.g., marriage, divorce, birth or adoption, death of a dependent, change in spouse's employment status that affects the spouse's benefits eligibility under another employer's plan, etc.). Notification of a 18 • • qualified status change must be done within 30 days of the status change. 4. Funding of the Retiree Health Benefits Program a. The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach City Employees Association. The City and active employees shall be responsible for seventy-five percent (50% City and 25% actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBCEA unit employees, the per month employee deduction for retiree medical insurance shall be $40.34 per month. 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 NBCEA 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 NBCEA prior to any increases in employee deduction levels. All monthly premiums must be paid in full upon receipt of the invoice. Failure to pay monthly premiums within 60 days of invoice date will result in the cancellation of the retiree and his/her dependent(s). 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 (a) above, each NBCEA 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 19 (approximately 30 years), or until such time as the City and NBCEA mutually agree to end the funding on behalf of NBCEA 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 (a) above. In the event the retiree medical insurance program described herein is discontinued, NBCEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBCEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBCEA unit. The City will provide NBCEA with an annual report certified by the City Administrative Services Director describing the balance, interest earnings, and any expenditures of the trust account described herein. G. Tuition Reimbursement NBCEA 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 $1,250.00 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. 20 SECTION 5. Miscellaneous A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS 1. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b. Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance 21 • • of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously .held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 2. Employees within a classification shall be laid off in inverse order of seniority; 3. Anemployee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off 22 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, 23 the seniority and preference of the employee is taken into consideration. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 46 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall 24 • • include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. A11 other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be 25 substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee - Employer Resolution #7173. G. Grievance Procedure Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made 26 by the City Representative, in writing, to the representative within twenty-one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Director within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. H. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary 27 • • period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in c, below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in c, below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails his or her promotional probation, the employee shall have the right to return to his or her former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior 28 • • (c) to promotion and shall serve the remainder of any probationary period not completed in the former class. Probationary Release An employee who alleges that probationary release was discrimination by the City, in Personnel Policy Section Discrimination may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. I. Salary on Reclassification his or her based on violation of 303 Non - The City will amend its Employee Policy Manual to provide for a minimum salary increase of five (5%) percent upon reclassification (not to exceed the maximum of the new salary range). J. Safety Shoes A Safety shoe allowance in the amount of $125.00 shall be provided to each Print Shop and Mailroom employee on an annual basis. The present policy and practices regarding the supply and maintenance of safety shoes shall remain in place except for the following changes as they apply to the accelerated wear provisions. If the soles of the safety shoes wear out within a year, the employee should present the shoes to his/her supervisor. If the supervisor agrees that the soles are worn out, he will authorize the employee to purchase a new pair of shoes at City expense. If the supervisor judges that the uppers are in good condition, he will authorize the employee to have the shoes resoled at City expense. K. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. 29 L. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be Comprised of Employee Policy Manual, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. M. Direct Deposit All employees shall participate in the payroll direct deposit system. N. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. O. Bi-Lingual Committee The City and association agree to form a joint committee to study the issue of bi-linguai pay. Study results shall be available prior to the start of negotiations for the period beginning July 1, 2005. P. 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 provisions of this MOU relating to any schedule adjustment be declared invalid, City agrees to provide alternative benefits agreeable to NBEL, to employees, which will cause such employees to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this ay day o , 2004 Teresa Craig, Psident Paul Bechely, Negdtiation Team -It - CITY OF NEWPORT B By:0 Tod W. Ridgeway Mayor By: APPR S TO FORM: NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: By: Robin Clauson, Acting City Attorney 31 • • EXHIBIT A CITY EMPLOYEES ASSOCIATION Accountant I Accountant II Administrative Assistant Buyer Cultural Arts/Grant Coordinator Department Assistant Fiscal Clerk Senior Fiscal Clerk Fiscal Specialist Graphics & Printing Specialist Inventory Analyst Librarian I Librarian II Librarian III Librarian IV Library Clerk I Library Clerk II Senior Library Clerk License Inspector MIS Technician Office Assistant Printing Services Supervisor Public Works Specialist Recreation Coordinator Recreation Manager Senior Recreation Leader II Stock Clerk 32 • t,- 2,7;R MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, affliated with UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2001 to June 30, 2004 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2001. This MOU shall remain in full force and effect until June 30, 2004, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time. 1. Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 2 • • 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access. The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared 3 • • illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. H. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. I. Agency Shop 1. Unit employee, by majority vote, have elected for an Agency Shop provision. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 4. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 5. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its action pursuant to this section. 4 SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adiustments Effective the salaries shall Effective the salaries shall Effective the salaries shall Effective the salaries shall Effective the salaries shall Effective the salaries shall first pay period of July, 2001, be increased by 2.5%. first pay period in January, 2002, be increased by 2%. first pay period in July, 2002, be increased by 2%. first pay period in January, 2003, be increased by 2%. first pay period in July, 2003, be increased by 2%. first pay period in January, 2004, be increased by 2%. For the term of this agreement, the City will pay each member's contribution to the Public Employees Retirement System (PERS) not to exceed 7%. The retirement pick-up shall be credited to the employee's individual account with PERS. 2. Compensation for Overtime - Normal Overtime a. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS) . ii. Miscellaneous Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director 5 and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Standby Duty a. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; iii. To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. b. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 4. Call -Back Duty a. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call- back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 5. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 6. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at • • the discretion of the Department Director. a. Compensatory time off for non-exempt employees shall accrue at the rate of time - and -a -half for every overtime hour worked. b. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. 7. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. 8. Supplemental Pension Fund a) The City shall contribute, on behalf of each unit member, one percent (1%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January, 2004, the City shall contribute, on behalf of each unit member, one and a half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. b) The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. B. Pay for Time Not Worked 1. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to 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 Accrual per 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 9 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. a. 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 provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. b. 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 10 possible the seniority and wishes employee. Flex leave may be granted on basis. Any fraction over an hour charged to the next full hour. C. Night Shift Differential of the an hourly shall be Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. D. Incentive Shift for Library Members For CEA members in Library Division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. E. Assignment Pay At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. SECTION 3. Leaves A. Vacation Leave 1. Basis for Accrual/Full-Time Employees Employees entitled to vacation shall accrue such leave based continuous service and the number normal work week for the position are assigned in accordance with schedule: 11 leave -with -pay on years of of hours in a to which they the following Years of Continuous Service 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 Accrual per pay period/hrs 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 employee. Vacation leave may be granted on an hourly basis. B. 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 12 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 Christmas Eve Christmas New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) Martin Luther King Day July 4 1st Monday in Sept. November 11 4th Thurs. in November Friday following Thanksgiving Last 1/2 of working day Full day off for 12/01 December 25 Last 1/2 of working day Full day off for 12/31/01 January 1 3rd Monday in February Last Monday in May 3rd Monday in January Effective 2002 Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceeding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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 or sick 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, which allows the successful completion of their probationary period. 13 C. 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 Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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. 14 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. D. Family Sick Leave Policy 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. E. 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. F. Bereavement Leave The Bereavement Leave Program shall be as follows: The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, 15 husband, child, father-in-law, mother-in-law and grandparents. G. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. H. Transfer to Flex Leave During the term of this agreement, Unit employees will be provided a final opportunity to transfer from vacation/sick leave program to the flex leave program. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health and Dental Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $434. 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 City Employees 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, 2002, the City's contribution towards the Cafeteria Plan will increase to 4444 $464, (plus the $16 medical contribution). 16 Effective January, 2003, the City's contribution towards the Cafeteria Plan will increase to $499 (plus the $16 medical contribution). Effective January, 2004, the City's contribution towards the Cafeteria Plan will increase to $534 (plus the $16 medical contribution). NBCEA 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. 2. Vision Insurance The existing or a comparable vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 3. Information Committee City has established a Medical/Dental Information Committee which will commence June, 2001 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. 5. Disability Insurance The City shall provide disability insurance with the following provisions: 17 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. Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall be eliminated. 8. Retiree Medical Insurance 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 of $16 per month employer contribution to said plan on behalf of the annuitant. (a) The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach City Employees Association. The City and active employees shall be 18 responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBCEA unit employees, the per month employee deduction for retiree medical insurance shall be $27.47 per month. 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 NBCEA 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 NBCEA 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 (a) above; each NBCEA 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 NBCEA mutually agree to end the funding on behalf of NBCEA 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 8(a) above. 19 In the event the retiree medical insurance program described herein is discontinued, NBCEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBCEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBCEA unit. The City will provide NBCEA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the trust account described herein. 9. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. As soon as possible; the City will implement the 1959 Survivors Insurance Level 4 Benefit. 10. Life Insurance The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 11. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one percent (1%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January, 2004; the City shall increase the LIUNA 20 contribution to one and one half (1.5%) percent. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. E. Tuition Reimbursement NBCEA 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. Effective July, 2003, tuition reimbursement for employees shall be increased to $1,250.00 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 5. Miscellaneous A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS 1. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. 21 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or positions identical or similar including part-time, seasonal positions. Classification within be ranked according to pay (lowest pay)• more full time in duties not or temporary a Series shall ranking, lowest 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. 22 No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 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. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 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 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 23 REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Human Resources Division Manager. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. B. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit 24 members access to the announcements. D. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. 25 E. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee - Employer Resolution #7173. F. Grievance Procedure 1. Step 1: A grievance his/her own employees, Organization. may be filed by any employee behalf, or jointly by a or by a Recognized on group of Employee Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. 26 The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. 3. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. 4. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a 27 grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. 5. Step 5: Within 20 denial at grievance, Board. calendar days of receipt of a grievance step three, the grievant may file the in writing, with the Civil Service At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. G. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. H. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised 28 r • of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. I. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. J. Direct Deposit All newly hired employees shall participate in the payroll direct deposit system. K. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. L. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. 29 Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. M. Reopener - Miscellaneous Retirement If during the term of this agreement, the Governor signs legislation that enhances the PERS Miscellaneous Retirement. The City and NBCEA agree to reopen negotiations on Retirement only. Any change in retirement during the term of this agreement shall be on a cost neutral basis to the City. Executed this day of ,2001 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: By. CITY OF NEWPORT BEACH By: k,.1 Garold B. Adams Mayor ATTEST: By; /1 Teresa Craig, President if(4-A-e- Paul Bechely, Negot'ation Team LaVonne Harkless, City Clerk ELF AS TO FORM: bert FI Burnham, City Attorney 30 EXHIBIT A CITY EMPLOYEES ASSOCIATION Accountant I Accountant II Administrative Assistant Buyer Cultural Arts/Grant Coordinator Department Assistant Fiscal Clerk Senior Fiscal Clerk Fiscal Specialist Graphics & Printing Specialist Inventory Analyst Legal Secretary Librarian I Librarian II Librarian III Librarian IV Library Clerk I Library Clerk II Senior Library Clerk License Inspector MIS Technician Office Assistant Printing Services Manager Recreation Coordinator Recreation Manager Senior Recreation Supervisor Secretary Executive Secretary, Planning Director Stock Clerk Storekeeper 31 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This supplemental Memorandum of Understanding amends the Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association dated July 1, 1998 through June 30, 2001. Except as modified by this supplemental MOU, all the provisions of the Memorandum of Understanding between the City and the Newport Beach City Employees Association remain unchanged. The City and the Newport Beach City Employees Association agree as follows: A. AGENCY SHOP E , The City will arrange, through the City Clerk's office, to conduct a secret ballot election to determine if unit members wish to be covered by an agency shop provision. A simple majority of those voting shall determine the election outcome. 2, The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record -keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. The City and Association shall agree on an appropriate fact sheet explaining agency shop for distribution to unit members prior to the election. 4, Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 5. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 6. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach City Employees Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning July 1, 1998 through June 30, 2001. FOR THE CITY OF NEWPORT BEACH FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION c3 1 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This supplemental Memorandum of Understanding amends the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association dated July 1, 1998 through June 30, 2001. Except as modified by this supplemental MOU, all the provisions of the Memorandum of Understanding between the City and the Newport Beach Professional and Technical Employees Association remain unchanged. The City and the Newport Beach Professional and Technical Employees Association agree as follows: A. AFFILIATION The City has been informed and acknowledges that the Association has affiliated with UPEC-LIUNA 777. B. LIUNA SUPPLEMENTAL pEoto•N /144 I . Effective AprilX, 2001, the City shall contribute, on behalf of each unit member, one percent (1%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make an representation regarding, the payment of benefits to unit members. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. C. SALAMES Effective April X, 2001 base salaries for unit members shall be decreased by one percent (1%). Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach Professional and Technical Employees Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning July 1, 1998 through June 30, 2001. FOR THE CITY OF NEWPORT BEACH MAYOR FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION ...4&11.111111, satSlerw 4 / pt C ITY//CLERK LABEL 01-04 Final MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH EMPLOYEES LEAGUE This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The NEWPORT BEACH EMPLOYEES LEAGUE ("NBEL"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBEL representatives and City representatives have reached agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 2001 to June 30, 2004 and this agreement has been embodied in this MOU. 3. This MOU, upon approval by NBEL and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition City hereby confirms its prior certification of NBEL as the recognized employee organization for the employees in the Construction and Maintenance Unit, and agrees to meet and confer and otherwise deal exclusively with NBEL on all matters within the scope of representative pertaining to said employees as authorized by law. B. Duration of Memorandum. 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered 1 • • CEA Page 2 2. In addition to the contributions in Cl above, concurrent with implementation of 2% at 55 and the Cafeteria Plan, current employees shall contribute $10 per month and the City shall contribute $20 per employee per month to accumulate funds to meet unfunded retiree medical liabilities. This contribution shall continue until the liability is fully funded. 3. The City shall maintain separate, interest bearing accounts for current and reserve retiree medical funding. Statements of these accounts shall be available to all affected employee organizations. D. CONTINUING DISCUSSIONS The City and the Newport Beach City Employees Association agree to continue discussions, in conjunction with other affected employee organizations, on possible implementation of other supplemental and/or individual retiree medical insurance accounts. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach City Employees Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning July 1, 1998 through June 30, 2001. FOR THE CITY OF NEWPORT BEACH FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MAY ATTEST: CITY CLERK APPROV.7 AS TO FORM: Y ATTORNEY FUND ADMINISTRATOR HENRY J. MORESCHI PHONE: (202) 737-1664 FAX: (202) 347-0721 LASERS' INTERNATIONAL UNTO NORTH AMERICA NATIONAL (INDUSTRIAL) PENSION FUND 905 - 16th Street, N.W. Washington, D.C. 20006-1765 "STANDARD FORM OF PARTICIPATION AGREEMENT" BOARD OF TRUSTEES UNION TRUSTEES ARTHUR A. COIA, CO-CHAIRMAN JAMES J. NORWOOD MASON M. WARREN EMPLOYER TRUSTEES GEORGE F. HAMMERSMITH, SR. COCHAIRMAN ALFRED A. CAVALLARO GEORGE J. FISCHER The undersigned Employer and Union represent that the only agreement between the said parties regarding pensions or retirement for employees covered by the Collective Bargaining Agreement between the parties is as follows: Sy 1. Commencing with the 4— day of , 19 f S , and for the duration of the current Collective Bargaining Agreement between the said parties, and any renewals or extensions thereof, the Employer agrees to make payments to the Laborers' International Union of North America National (Industrial) Pension Fund for each employee covered by said Collective Bargaining Agreement, as follows: (only one section (a), (b) or (c) is to be completed) (a) For each day portion thereof for which an employee receives pay, the Employer shall make a contribution of $ per hour to the above -named Pension Fund, but not less than $ per day (8 x the hourly rate per week (5 x the daily rate) for each employee. For the purposes of this Agreement, each d aid for, including days of paid vacation, paid holidays and other days for which pay is received by the em yee, in accordance with the Collective Bargaining Agreement, shall be counted as days for which contributions are payable. (b) For each ho or portion thereof for which an employee receives pay, the Employer shall make a to the above -named Pension Fund for which the employee is paid. For purposes of this Agree- -nt each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is r- =' -ed by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours which contributions are payable. (c) For each hour or portion therof for which an employee receives pay, the Employer shall make a contribution of / �+ % for which a gross salary is paid to the Employee to the above -named Pension Fund. For purposes of this Agreement each hour paid for, including hours of paid vacation, paid holidays and other periods for which pay is received by the employee, in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable. 2. Contributions shall be paid on behalf of an employee starting with the employee's first day of employment in a job classification covered by the Collective Bargaining Agreement. 3. The payments to the Pension Fund required above shall be made to the "LIUNA National (Industrial) Pension Fund" which was established under an Agreement and Declaration of Trust, a copy of which has been signed by the Employer in the place provided at the end of such agreement. 4. It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purposes of determining the accuracy of contributions to the Pension Fund. 5. If the Employer becomes delinquent in making its required contributions to the Fund within the meaning of the Agreement and Declaration of Trust, the Union shall have the right to take whatever steps it deems necessary to secure compliance with this Agreement, any provision of the Collective Bargaining Agreement notwithstanding; however, such action by the Union shall neither bind nor otherwise affect the Pension Fund's rights and recourse with respect to the Employer's delinquency. The Employer's liability for payment hereunder shall not be subject to any grievance or arbitration procedure provided under the Collective Bargaining Agreement. An Employer which becomes delinquent in making contributions to the Pension Fund shall be subject to the procedures and remedies provided in the Agreement and Declaration of Trust, including interest, liquidated damages, auditing charges, attorneys' fees and court costs. contribution of • 6. The Employer and the Union agree to accept, be bound by and comply fully with all terms of the Agreement and Declaration of Trust of the Laborers' International Union of North America National (Industrial) Pension Fund and any amendments thereto, whether heretofore or hereafter made. 7. It is agreed that the Pension Plan adopted by the Trustees of the said Pension Fund shall at all times conform with the requirements of the Internal Revenue Code so as to enable the Employer at all times to treat contributions to the Pension Fund as a deduction for income tax purposes. 8. The parties agree that this Participation Agreement shall be considered a part of the Collective Bargaining Agreement between the undersigned parties. 9. The expiration date of the present Collective Bargaining Agreement between the undersigned parties is :�u.tic 30 , yg- oo Any copies of renewal or extension agreements will be furnished promptly to the Pension Fund Office and, if not consistent with the Participation Agreement, can be used by the Trustees as the basis for termination of participation of the Employer. FOR THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION No. 777 • Dom, DISTRICT COUNCIL By:At, /Ae^4/ Date 7—/ 5 f uthorized Officer FOR THE EMPLOYER: City of Newport Beach Address 3300 Newport Blvd. (Insert Name of Employer) PO Box 1768 Nett Reach, CA 92658-8915 By: Richard C. Kurth ..4.40C, Date' 7/1/99 For plants located at: Authorized Officer JUL 1U 1JJJ 1J UU 4/0V"1 1 PHONE NO, 3104449046 JUL. 26 1999 07:4941 P2 AMENDMENT TO MEMORANDUM OF UNDERSTANDING This Amendment to the July 1, 1998 - June 30, 2001 Memorandum of Understanding between the City of Newport Beach (City) and the Newport Beach City Employee's Association (NBCEA) is dated this2M of i 199g_, for purposes of identification and is based on the following: RECITALS A. 'Paragraph 8 of the MOU provides as follows" 8. Pension Fund "NBCEA shall have the right to designate once during the term of this Agreement, a portion of salary for represented employees to the LIUNA Pension Fund. This contribution is made at the election of NBCEA and shaR be deducted from salary. Contributions shall be made on an hourty beets, not to exceed 40 hours per week. The CIty's sole obligation shall be to forward designated amounts to the Fund. NBCEA and LIUNA shall indemnify and hold harmless the City against any and all claims made as a result of its action pursuant to this section. Monies diverted to the pension fund shall be considered as salary for all compensation comparison purposes? B. LIUNA, means the Laborers International Union of North America. The UUNA Pension Fund is a defined benefit pension plan that is tax qualified under Section 401(a) et seq. of the Internal Revenue Code, (hereinafter referred to as the "Plan"). C. City contracts with the Public Employees Retirement System ('PERS") as its primary pension plan provider. Subsequent to enterntg into the MOU, City Teamed from PERS, that participation in the Plan would violate provisions of California Government Code Section 20303 and 20894. D. Nt3CEA was informed of the conflict and agreed not to participate in 07* Plan end! further investigation of the Plan was accomplished and conflicts wfh PERS were resolved. r• FROM : • IMP PHONE N0. : 3104449846 Ask JUL. 26 1999 07:49AM P3 E. In March 1999, PERS introduced legislation to permit supplemental defined benefit plan such as the LIUNA Plan. The legislation has been Introduced as Senate Bill 583, but has not yet been signed into law. F. NBCEA and City wish to begin participation in the Plan effecfire5i 1, 1999, subject to certain conditions and terms in addition to the provisions contained in the MOU. NOW. THEREFORE, NBCEA and City agree as follows: 1. NBCEA agrees that City shall deduct one percent (1%) from each represented employees salary as of la _1. 1999 to contribute to the Plan. 2. NBCEA agrees that the Plan shall be supplemental to the PERS Pension Plan. Deduction from salary shall not increase above one percent (1%) of salary nor shall the deduction be decreased without agreement of one hundred percent (100%) of NBCEA membership and City. 3. NBCEA agrees that the salary deduction shall be made in the form of one percent (1%) for each hour each represented employee is paid, including hours of paid vacation, paid holidays and otter periods for which pay is received by the employee in accordance with the MOU. 4. NBCEA agrees to continue participation in the Plan and that participation shag be part of all future MOUs unless after meet and confer it is agreed that withdrawal from the Plan will not result in any withdrawal Nability or other additional cost to City under the Plans rules and regulations. NBCEA admowledges that a change in its association representation could cause the NBCEA to lose the right to participate in the Plan. NBCEA agrees that k shall not make any change in the association or its representative that would cause the NBCEA to lose the right to participate in the Plan without prior agreement of City. 5. If Senate Bic 583 or any other State legislation should fail to be Signed Into law and PERS determines that participation in the Plan conflicts with State law, City may terminate its contract with the Plan without wlhdrawal liability. B. The tarns and conditions of the MOU and this Amendment shall be binding on any successor association. 2 FROM : PHONE NO. : 3104449846 JUL. 26 1999 07:50AM P4 Accordingly, this Amendment shall not be effective until the MOU is fully executed by authorized representatives of the Parties. Dennis O'Neil, Mayor )/ ! 4! /1a41(--e(yele-)---' LaV- nne Harktess, City Clerk Ebert H. Bumham, City Attomey President, T CEA 'tA4--f- j)-4-- Paul BechleY , NRCEA Representative Ltp' c Lost r71 F:1u9er$140lhared1MOLNIboeoLuina51 %amend.071509.doc DATE: DATE: ,. ?2_ DATE; DATE:py, 2 7, l ff DATE: 3 TOTRL P.04 MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION AFFILIATED WITH LABORERS INTERNATIONAL UNION OF NORTH AMERICA UPEC LOCAL 777 DULY 1, 1998 THROUGH JUKE 20, 2001 MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION TABLE OF CONTENTS Preamble Section 1.- General Provisions Recognition 1 Duration of Memorandum I Release Time 2 Employee Data and Access 2 Conclusiveness 3 Modifications 3 Savings 3 Permanent Part -Time Employees 3 Section 2.- Compensation Pay for Time Worked 3 Compensation for Overtime - Normal Overtime 4 Accumulation of Compensatory Time Off 4 Standby Duty 5 Call -Back Duty 5 Court Time 6 Accumulation of Compensatory Time Off 6 Incidental Overtime 6 Pension Fund 6 Pay for Time not Worked 7 Limit on Accumulation 8 Night Shift Differential 8 Incentive Shift for Library Members 9 Assignment Pay 9 Section 3- Leaves Vacation Leave 9 Holiday Leave 10 Sick Leave 11 Family Sick Leave 12 Sick Leave Conversion 12 Bereavement Leave 12 Table of Contents Page 2 Section 4.- Fringe Benefits Insurance 13 Medical Opt Out 14 Disability Insurance 14 Disability Insurance - New 15 Tuition Reimbursement 16 Section 5. - Miscellanea ►c Administration and Maintenance of Classification Plan 16 Reductions in Force/Layoffs 17 Reemployment 19 Severance 20 Transfer and Reassignments 20 Promotional Preference 20 Labor Management Committee 20 Discipline - Notice of Intent 21 Grievance Procedure 21 Performance Evaluation 23 Service Awards 25 Employee Handbook 25 9/80 (or 4/10) Scheduling Plan 25 Reopeners 25 Direct Deposit 26 Vacation/Flex Leave Sellback 26 Deferred Compensation 26 Probationary Period 26 • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 1998 to June 30, 2001 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit WAS are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any t ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 1998. This MOU shall remain in full force and effect until June 30, 2001, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time. 1. Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access. The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. 2 Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. H. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. SECTION 2.-Compensation A. Pav for Time Worked 1. Salary Adiustments Effective the first pay period of July, 1998, salaries shall be increased by 3%. 3 2. salaries shall be increased by 3%. Effective the first pay period in July, 1999, salaries shall be increased by 2.5%. Effective the first pay period in July, 2000, salaries shall be increased by 2.5%. For the term of this agreement, the City will pay each member's contribution to the Public Employees Retirement System (PERS) not to exceed 7%. The retirement pick-up shall be credited to the employee's individual account with PERS. n for Overtime - Normal Overtime a. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Miscellaneous Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2).times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Standby Duty a. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. b. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 4. Call -Back Duty a. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services 5 prescribed by the Administrative Services Director. 5. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 6. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. a. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. b. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. 7. ,Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent." b. Compensation Incidental overtime is not compensable. 8. Pension Fund NBCEA shall have the right to designate, once during the term of this agreement, a portion of salary for represented employees to the LIUNA Pension Fund. This contribution is made at the election of NBCEA and shall be deducted from salary. Contributions shall be made on a hourly basis; not to exceed forty (40) hour per week. The City's sole obligation shall be to forward designated amounts to the fund. NBCEA and LIUNA shall indemnify and hold harmless the City against 6 any and all claims made as a result of its action pursuant to this section. Monies diverted to the pension fund shall be considered as salary for all compensation comparison purposes. B. Pay for Time Not Worked 1. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service pav 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 Annual service pav period/hrs pays 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 7 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. a. 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 provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. b. 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. C. N.Jiaht Shift Differential Unit members shall receive a night shift differential of 8 $1.00 per hour; payable for each hour worked after 5:00 pm. D. Incentive Shift for Library Members For CEA members in Library Division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. E. Assignment Pav At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. SECTION 3. Leaves A. Vacation Leave 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 Hours in Continuous Normal Work Week Service A2 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 9 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. B. 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 Christmas Eve Christmas New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) Effective, January, 1999, holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceeding Friday. Holidays occurring on a Sunday shall be observed the following Monday. July 4 1st Monday in Sept. November 11 4th Thurs. in November Friday following Thanksgiving Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May 1. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after 10 • 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. 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, which allows the successful completion of their probationary period. C. Sick Leave 1. Basis for Accrual/Full-time Emplovees 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 Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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 11 satisfactory or higher performance evaluation rating throughout the probationary period. Sick leave may be granted on an hourly basis. b. Aooroval 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. D. Family Sick Leave Policy 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. E. 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. F. Bereavement Leave The Bereavement Leave Program shall be as follows: The necessary absence from duty by an employee having a regular or probationary appointment, because of the 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. 12 SECTION 4.-Frinae Benefits. A. Insurance. 1. Health and Dental Insurance The City shall make available to all NBCEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBCEA member, up to a maximum of $400 per month. Effective July 1, 1999, the City shall pay the health and dental premium for each NBCEA member, up to a maximum of $425 per month. Effective July 1, 2000, the City shall pay the health and dental premium for each NBCEA member, up to a maximum of $450 per month. 2. Cafeteria Plan Commencing approximately September 15, 1998, 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 in January, 1999. 3. Vision Insurance The existing or a comparable vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 4. 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. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this 13 agreement. 5. Retiree Medical Insurance For the term of this agreement, the parties agree that the maximum contribution by the City and active employees for retiree medical insurance shall not exceed $400 per month. The active employees contribution shall be 25% of the cost of the retiree medical insurance program for the life of this agreement. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. The City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. B. Medical Ont Out C. Employees will be allowed to opt out of any of the City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. Disability Insurance Under the new paid leave program, the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 14 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick, paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick, paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service 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 (health, life and disability); for an employee with ten years of service, the City will pay two-thirds of the cost; the City will pay the entire cost for an employee with fifteen years or more of service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees enrolled in new paid leave program. D. Disability Insurance - New Effective January, 1999, the disability insurance program set forth above shall end. In lieu, 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 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. 15 Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall be eliminated. E. Tuition Reimbursement NBCEA 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 5. Miscellaneous A. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their Department Director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the Department Director. The Department Director will consider the request and within 60 days either reject it at his/her level or refer it to the Human Resources Division for further evaluation. If the Department Director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Human Resources Division. The Human Resources 16 Division will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Human Resources Division as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the Department Director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. B. 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. DEFINITIONS 1. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current 17 Classification or any Classification within the Series, subject to the following: a) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of .similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or 'Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 18 • • 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 tobump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 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 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Division Manager. 19 SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. C. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. D. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour;grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 20 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee - Employer Resolution #7173. G. Grievance Procedure 1. ,ten 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or 21 by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. 3. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. 4. $t p 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a 22 • • grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. 5. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. H. Performance Evaluation 1. PREPARATION: The Supervisor shall review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: The Supervisor shall review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. The Supervisor shall write narrative information and examples to support the ratings, especially 23 those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. The Supervisor shall present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 6. TRANSFERS AND REASSIGNMENTS: The City and the NBCEA agree to modify the "transfers and assignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority 'and preference of the employee will be taken into consideration. 24 I. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. J. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. K. 9/80 (or 4/10) Schedulina Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. L. Reopeners 1. The City and NBCEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the personnel rules. 2. The City and NBCEA agree to, upon request of the City, reopen negotiations during the term of this agreement on a City-wide reasonable suspicion drug testing policy. 25 AUG-10-:998 15:35 . WILLIAM RUERY Z. ASSOC. • P.02 3. Should the City lose, during the term of this agreement, Motor Vehicle in Lieu revenues; or the replacement revenue provided by the State for lost Motor Vehicle in Lieu revenues. the City reserves the right to reopen negotiations on the economic provisions of this Memorandum of Understanding. M. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. N. vacation/Flex Leave Sellback Effective July, 2000, the City's informal practice of allowing employees to cash -in accrued vacation/flex leave shall end. O. feferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. P. Probationary Period Effective July 1, 1998, newly hired employees shall serve a twelve (12) month probationary period. There shall be no change in the probationary period for promoted employees. Concurrently, newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. Executed this day of 1998: NNEWPORT SEACM CITY EMPLOYS= ASSOCIATION BY: BY: atiLe Paul Bechely 26 PLC -SO -19S8 1S:35 4111WILLla1 AIERY S. ASSOC. P.03 CITY OF NlWFOR BY: Thom & &tar Mayor ATTEST: '`��"By: 7;1 /1�4'-i LaVonne Fiarkless, City Clerk / APP AS TO FORM: Ro er: H. Burnhan, City Attorney 27 TOTAL P.03 0 • EXHIBIT A CITY EMPLOYEES ASSOCIATION Accountant I Accountant II Administrative Clerk Administrative Clerk, Senior Buyer Executive Secretary Executive Secretary, Planning Fiscal Clerk Fiscal Clerk, Senior Fiscal Specialist Inventory Analyst Legal Secretary Librarian I - Librarian II Library Clerk I Library Clerk II Library Clerk, Senior License Inspector Literacy Services Coordinator Mail Room Coordinator MIS Technician Printing Services Machine Operator Printing Services Manager Recreation Coordinator Secretary Senior Library Manager Warehouse Manager/Senior Buyer c-1-059 MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION July 1, 1998 through June 20, 2001 • • MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION TABLE OF CONTENTS Preamble Section 1.- General Provisions Recognition 1 Duration of Memorandum 1 Release Time 2 Employee Data and Access 2 Conclusiveness 3 Modifications 3 Savings 3 Permanent Part -Time Employees 3 Section 2.- Compensation Pay for Time Worked 3 Compensation for Overtime - Normal Overtime 4 Accumulation of Compensatory Time Off 4 Standby Duty 5 Call -Back Duty 5 Court Time 6 Accumulation of Compensatory Time Off 6 Incidental Overtime 6 Pension Fund 6 Pay for Time not Worked 7 Limit on Accumulation 8 Night Shift Differential 8 Incentive Shift for Library Members 9 Assignment Pay 9 Section 3- Leaves Vacation Leave 9 Holiday Leave 10 Sick Leave 11 Family Sick Leave 12 Sick Leave Conversion 12 Bereavement Leave 12 Table of Contents Page 2 Section 4.- Fringe Benefits Insurance 13 Medical Opt Out 14 Disability Insurance 14 Disability Insurance - New 15 Tuition Reimbursement 16 Section 5. - Miscellaneous Administration and Maintenance of Classification Plan 16 Reductions in Force/Layoffs 17 Reemployment 19 Severance 20 Transfer and Reassignments 20 Promotional Preference 20 Labor Management Committee 20 Discipline - Notice of Intent 21 Grievance Procedure 21 Performance Evaluation 23 Service Awards 25 Employee Handbook 25 9/80 (or 4/10) Scheduling Plan 25 Reopeners 25 Direct Deposit 26 Vacation/Flex Leave Sellback 26 Deferred Compensation 26 Probationary Period 26 • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring; in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 1998 to June 30, 2001 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution. No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 1998. This MOU shall remain in full force and effect until June 30, 2001, and the provisions of this MON shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MON shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MON. C. Release Time. 1. Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access. The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. 2 • • Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. H. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. SECTION 2. -Compensation A. Pay for Time Worked 1. Salary Adjustments Effective the first pay period of July, 1998, salaries shall be increased by 3%. 3 salaries shall be increased by 3%. Effective the first pay period in July, 1999, salaries shall be increased by 2.5%. Effective the first pay period in July, 2000, salaries shall be increased by 2.5%. For the term of this agreement, the City will pay each member's contribution to the Public Employees Retirement System (PERS) not to exceed 7%. The retirement pick-up shall be credited to the employee's individual account with PERS. 2. Compensation for Overtime - Normal Overtime a. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Miscellaneous Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Standby Duty a. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; iii. To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. b. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 4. Call -Back Duty a. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services prescribed by the Administrative Services Director. 5. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 6. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. a. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. b. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. 7. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. 8. Pension Fund NBCEA shall have the right to designate, once during the term of this agreement, a portion of salary for represented employees to the LIUNA Pension Fund. This contribution is made at the election of NBCEA and shall be deducted from salary. Contributions shall be made on a hourly basis; not to exceed forty (40) hour per week. The City's sole obligation shall be to forward designated amounts to the fund. NBCEA and LIUNA shall indemnify and hold harmless the City against 6 • • any and all claims made as a result of its action pursuant to this section. Monies diverted to the pension fund shall be considered as salary for all compensation comparison purposes. B. Pay for Time Not Worked 1. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service, pav 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 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 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 7 • 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. a. 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 provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. b. 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. C. Night Shift Differential Unit members shall receive a night shift differential of 8 $1.00 per hour; payable for each hour worked after 5:00 pm. D. Incentive Shift for Library Members For CEA members in Library Division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. E. Assionment Pav At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. SECTION 3. Leaves A. Vacation Leave 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 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 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. B. 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 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 Friday following Thanksgiving Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May Effective, January, 1999, holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceeding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 1. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after 10 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. 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, which allows the successful completion of their probationary period. C. ,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 Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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 11 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. D. Family Sick Leave Policy 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. E. 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. F. Bereavement Leave The Bereavement Leave Program shall be as follows: The necessary absence from duty by an employee having a regular or probationary appointment, because of the 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. 12 • • SECTION 4.-Frinae Benefits. A. Insurance. 1. Health and Dental Insurance The City shall make available to all NBCEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBCEA member, up to a maximum of $400 per month. Effective July 1, 1999, the City shall pay the health and dental premium for each NBCEA member, up to a maximum of $425 per month. Effective July 1, 2000, the City shall pay the health and dental premium for each NBCEA member, up to a maximum of $450 per month. 2. Cafeteria Plan Commencing approximately September 15, 1998, 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 in January, 1999. 3. Vision Insurance The existing or a comparable vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 4. 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. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this 13 agreement. 5. Retiree Medical Insurance For the term of this agreement, the parties agree that the maximum contribution by the City and active employees for retiree medical insurance shall not exceed $400 per month. The active employees contribution shall be 25% of the cost of the retiree medical insurance program for the life of this agreement. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. The City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. B. Medical Oot Out Employees will be allowed to opt out of any of the City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. C. Disability Insurance Under the new paid leave program, the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 14 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave hours but less Accrued leave hours or more (sick, paid or than 280 hours - (sick, paid or - 100% paid. combination) of 160 50% paid. combination) of 280 When an employee having five years of service 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 (health, life and disability); for an employee with ten years of service, the City will pay two-thirds of the cost; the City will pay the entire cost for an employee with fifteen years or more of service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees enrolled in new paid leave program. D. Disability Insurance - New Effective January, 1999, the disability program set forth above shall end. In lieu, shall provide disability insurance with the provisions: weekly Benefit 66 2/3% gross weekly wages Maximum Benefit Minimum Benefit Waiting Period (mo.) $5,000 $50 30 Calendar Days insurance the City following 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. 15 Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall be eliminated. E. Tuition Reimbursement NBCEA 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 "Cu 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 5. Miscellaneous A. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their Department Director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the Department Director. The Department Director will consider the request and within 60 days either reject it at his/her level or refer it to the Human Resources Division for further evaluation. If the Department Director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Human Resources Division. The Human Resources 16 Division will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Human Resources Division as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the Department Director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. B. 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. DEFINITIONS 1. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current 17 Classification or any Classification within the Series, subject to the following: a) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 18 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. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 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 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Division Manager. 19 SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. C. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. D. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 20 • • 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee - Employer Resolution #7173. G. Grievance Procedure 1. Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or 21 by a Recognized EYnployee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. 3. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. 4. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a 22 grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. 5. Stec, 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation reprimands are excluded grievance process, and s currently provided in the Di H. Performance Evaluation ratings and written from this Step Four hall be dealt with as scipline Code. 1. PREPARATION: The Supervisor shall review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: The Supervisor shall review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. The Supervisor shall write narrative information and examples to support the ratings, especially 23 those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. The Supervisor shall present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 6. TRANSFERS AND REASSIGNMENTS: The City and the NBCEA agree to modify the "transfers and assignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee will be taken into consideration. 24 I. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. K. 9/80 (or 4/10) Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 (or 4/10) schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 (or 4/10) schedules are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 (or 4/10) schedule test will be conducted by the Department Director, and his/her determination shall be final. L. Reopeners 1. The City and NBCEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the personnel rules. 2. The City and NBCEA agree to, upon request of the City, reopen negotiations during the term of this agreement on a City-wide reasonable suspicion drug testing policy. 25 AUG-10-1998 15:35 WILLIAM AVERY & ASSOC. 3. Should the City lose, during the term of this agreement, Motor Vehicle in Lieu revenues; or the replacement revenue provided by the State for lost Motor Vehicle in Lieu revenues, the City reserves the right to reopen negotiations on the economic provisions of this Memorandum of Understanding. M. n; rer•t Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. N. Vacation/Flex Leave_SgX1b Effective July, 2000, the City's informal practice of allowing employees to cash -in accrued vacation/flex leave shall end. O.errei CQmpefi_O3 The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. P. PralatiorarY 1'er rf: Effective July 1, 199E, newly hired employees shall serve a twelve (12) month probationary period. There shall be no change in the probationary period for promoted employees. Concurrently, newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. Executed this day of 1998; NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: 26 AUG-10-1998 15:35 WILLIAM AUERY & ASSOC. P.03 ATTEST: By: AP LaVonne CITY OF NEWPOR By: Thoma t +air Mayor i�� /f/ f4. �. }�}J Harkless, City Clerk AS TO FORM: Robert H. Burnham, City Attorney 27 TOTAL P.03 EXHIBIT A CITY EMPLOYEES ASSOCIATION Accountant I Accountant II Administrative Clerk Administrative Clerk, Senior Buyer Executive Secretary Executive Secretary, Planning Fiscal Clerk Fiscal Clerk, Senior Fiscal Specialist Inventory Analyst Legal Secretary Librarian I Librarian II Library Clerk I Library Clerk II Library Clerk, Senior License Inspector Literacy Services Coordinator Mail Room Coordinator MIS Technician Printing Services Machine Operator Printing Services Manager Recreation Coordinator Secretary Senior Library Manager Warehouse Manager/Senior Buyer • • Fa, cANt.a. C- oSi MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION JULY 1, 1997 THROUGH JUNE 30, 1998 • • MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION TABLE OF CONTENTS Preamble Section 1.- General Provisions Recognition 1 Duration of Memorandum 1 Release Time 2 Employee Data and Access 2 Conclusiveness 3 Modifications 3 Savings 3 Permanent Part -Time Employees 3 Section 2.- Compensation Pay for Time Worked 3 Pay for Time not Worked 7 Limit on Accumulation 8 Method of Use 8 Night Shift Differential 8 Incentive Shift for Library Members 8 Assignment Pay 9 Section 3- Leaves Vacation Leave 9 Holiday Leave 10 Sick Leave 11 Family Sick Leave 12 Sick Leave Conversion 12 Bereavement Leave 12 Section 4.- Fringe Benefits Insurance 12 Medical Opt Out 13 Disability Insurance 14 Tuition Reimbursement 15 • • Section 5. - Miscellaneous Administration and Maintenance of Classification Plan 15 Reductions in Force/Layoffs 16 Reemployment 18 Severance 18 Transfer and Reassignments 19 Promotional Preference 19 Labor Management Committee 19 Discipline - Notice of Intent 20 Grievance Procedure 20 Performance Evaluation 22 Service Awards 23 Employee Handbook 23 9/80 Scheduling Plan 23 Reopeners 24 Direct Deposit 24 Bilingual Reopener 24 Deferred Compensation 24 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 1997 to June 30, 1998 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council 1 necessary to implement this MOU shall be considered effective as of July 1, 1997. This MOU shall remain in full force and effect until June 30, 1998, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time. 1. Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access. The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new 2 • employee contact, but they cannot reasonably deny such contact. E. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. H. Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adiustments Effective the first pay period of July, 19947, salaries shall be increased by 3%. 3 For the term of this agreement, the City will pay each member's contribution to the Public Employees Retirement System (PERS) not to exceed 7%. The retirement pick-up shall be credited to the employee's individual account with PERS. 2. Compensation for Overtime - Normal Overtime a. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Miscellaneous Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Standby Duty a. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; iii. To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. b. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 4. Call -Back Duty a. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 5. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 6. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. a. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. b. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. 7. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. 8. Pension Fund NBCEA shall have the right to designate, once during the term of this agreement, a portion of salary for represented employees to the LIUNA Pension Fund. This contribution is made at the election of NBCEA and shall be deducted from salary. Contributions shall be made on a hourly basis; not to exceed forty (40) hour per week. The City's sole obligation shall be to forward designated amounts to the fund. NBCEA and LIUNA shall indemnify and hold harmless the City against any and all claims made as a result of its action pursuant to this section. Monies diverted to the pension fund shall be considered as salary for all compensation comparison purposes. B. Pay for Time Not Worked 1. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service pav 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 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 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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. 7 • • a. 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 provided that 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. b. 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. C. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. D. Incentive Shift for Library Members For CEA members in Library Division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. 8 E. Assignment Pay At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. SECTION 3. Leaves A. Vacation Leave 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 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 9 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. B. 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 (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 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 or sick 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, which allows the successful completion of their 10 • • probationary period. C. 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 Service Time Monthly Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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. 11 • • D. Family Sick Leave Policy 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. E. 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. F. Bereavement Leave The Bereavement Leave Program shall be as follows: The necessary absence from duty by an employee having a regular or probationary appointment, because of the 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. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health and Dental Insurance The City shall make available to all NBCEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBCEA member, up to a maximum of $400 per month. 12 2. Vision Insurance The existing or a comparable vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 3. 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. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this agreement. 4. Retiree Medical Insurance For the term of this agreement, the parties agree that the maximum contribution by the City and active employees for retiree medical insurance shall not exceed $400 per month. The active employees contribution shall be 25% of the cost of the retiree medical insurance program for the life of this agreement. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. The City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. B. Medical Opt Out Employees will be allowed to opt out of any of the 13 • • City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. C. Disability Insurance Under the new paid leave program, the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave hours but less Accrued leave hours or more - (sick, paid or combination) of 160 than 280 hours - 50% paid. (sick, paid or combination) of 280 100% paid. When an employee having five years of service 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 (health, life and disability); for an employee with ten years of service, the City will pay two-thirds of the cost; the City will pay the entire cost for an employee with fifteen years or more of service. 14 Refer to Personnel Resolution 703.6 Extended Sick Leave for employees enrolled in new paid leave program. The City and Association agree to participate in a City-wide committee to restructure the existing disability insurance -leave program. D. Tuition Reimbursement NBCEA 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 5. Miscellaneous A. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their Department Director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the Department Director. The Department Director will consider the request and within 60 days either reject it at his/her level or refer it to the Human Resources Division for further evaluation. If the Department Director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Human Resources Division. The Human Resources Division will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the 15 • • final authority to approve or reject the recommendations of the Human Resources Division as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the Department Director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. B. 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. DEFINITIONS 1. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: 16 a) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any 17 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. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 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 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Division Manager. SEVERANCE If an employee is laid off from their job with the City, 18 • • for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. C. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. D. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and 19 one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee - Employer Resolution #7173. G. Grievance Procedure 1. Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the 20 grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. 3. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. 4. Step 4: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. 21 • • Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. H. Performance Evaluation 1. PREPARATION: The Supervisor shall review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: The Supervisor shall review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. The Supervisor shall write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. The Supervisor shall present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 22 • • 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 6. TRANSFERS AND REASSIGNMENTS: The City and the NBCEA agree to modify the "transfers and assignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee will be taken into consideration. I. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. J. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. K. 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven 23 itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the Department Director, and his/her determination shall be final. L. Reopeners The City and NBCEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the grievance procedure. M. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. N. Bilingual Reooener The City and NBCEA agree to reopen negotiations on possible implementation of a bilingual pay program no later than January 1, 1998. O. Deferred Compensation The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. 24 Executed this aLday of 1 � 1997: NEWPOJBEACH CITY EMPLOYEES ASSOCIATION ATTEST: By: By: Paul B chely By: CITY OF NEWPORT BEACH By: 4/c9-77.,,,,t 7)? /14 z-47,v LaVonne Harkless, City Clerk IAPPR' ED AS TO FORM: Robert H. Burnham, City Attorney • • EXHIBIT A CITY EMPLOYEES ASSOCIATION Account Clerk Account Clerk, Senior Accountant I Accountant II Accounts Payable Supervisor Administrative Clerk Administrative Clerk, Fire Buyer MIS Equipment Operator Duplication Machine Operator Duplicating/Mail Room Clerk Legal Secretary I Legal Secretary II Librarian I Librarian II Librarian III Librarian IV Library Automation Specialist Library Clerk I Library Clerk II Library Clerk III Library Clerk IV Library Newport Center Manager Library Support Clerk, Senior License Inspector Literacy Coordinator Marine Training Coordinator Printing Services Manager Recreation Coordinator, Senior Recreation Supervisor, Senior Recreation Supervisor Secretary Executive Secretary, Planning Director Stock Clerk Storekeeper Warehouse Manager/Senior Buyer 26 • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ("NBCEA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from January 1, 1996 to June 30, 1997 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or asappropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council 1 necessary to implement this MOU shall be considered effective as of January 1, 1996. This MOU shall remain in full force and effect until June 30, 1997, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time. 1. Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access. The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new 2 employee contact, but they cannot reasonably deny such contact. E. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and notset forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. H. Permanent Part -Time Emplovees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. SECTION 2. - Compensation A. Pav for Time Worked 1. Salary Adjustments Effective the first pay period of July, 1996, salaries shall be increased by 3%. 3 For the term of this agreement, the City will pay each member's contribution to the Public Employees Retirement System (PERS) not to exceed 7%. The retirement pick-up shall be credited to the employee's individual account with PERS. 2. 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 NBCEA. 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. 3. Compensation for Overtime - Normal Overtime a. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Miscellaneous Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary • • rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 4. Standby Duty a. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; iii. To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. b. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call-back pay shall apply for the actual period of time the employee is in a work status. 5. Call -Back Duty a. Defined Call-back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for i • one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 6. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 7. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. a. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. b. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. 8. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. B. Pay for Time Not Worked 1. Flex Leave 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 periodlhrs Days 6 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 Accrual per Annual service 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 Annual service Day 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. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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 7 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. a. 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. b. 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. C. Night Shift Differential, Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. 8 • D. Incentive Shift for Library Members For CEA members in Library Division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. E. Assignment Pav At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. F. Retirement Effective immediately, the City shall amend its contract with the Public Employees Retirement System (PERS) to provide the third level 1959 Survivors Benefit Option. SECTION 3. Leaves A. Vacation Leave 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 Pay Period 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 3.69 4.30 4.92 5.53 6.15 6.77 7.38 Effective the first payroll period in July, 1997, the vacation accrual schedule will be modified as follows: 9 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 employee. Vacation leave may be granted on an hourly basis. B. 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 July 4 10 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) 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, the Birthday floating holiday shall be eliminated. 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 or sick 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, which allows the successful completion of their probationary period. C. .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 Service Time Monthly Accrual 0-1 year 4 hours 11 1-2 years 5 hours 2-3 years 6 hours 3-4 years 7 hours 4+ 8 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. D. Family Sick Leave Policy 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. E. 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 50 months of accrued sick leave, and who 12 • • have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. F. Bereavement Leave The Bereavement Leave Program shall be as follows: The necessary absence from duty by an employee having a regular or probationary appointment, because of the 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. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health and Dental Insurance The City shall make available to all NBCEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBCEA member, up to a maximum of $400 per month. 2. Vision Insurance The existing or a comparable vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 3. 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 13 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. 4. Retiree Medical Insurance Effective immediately, and for the term of this agreement, the parties agree that the maximum contribution by the City and active employees for retiree medical insurance shall not exceed $400 per month. The active employees contribution shall be 25% of the cost of the retiree medical insurance program for the life of this agreement. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. The City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. B. Medical Opt Out Employees will be allowed to opt out of any of the City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. C. Disability Insurance Under the new paid leave program, the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan. 14 • • 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave hours but less Accrued leave hours or more (sick, paid or combination) of 160 than 280 hours - 50% paid. (sick, paid or combination) of 280 - 100% paid. When an employee having five years of service 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 (health, life and disability); for an employee with ten years of service, the City will pay two-thirds of the cost; the City will pay the entire cost for an employee with fifteen years or more of service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees enrolled in new paid leave program. The City and Association agree to participate in a City-wide committee to restructure the existing disability insurance -leave program. D. Tuition Reimbursement NBCEA 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 $2,213.00 per fiscal year. Effective July 1, 1996 the maximum amount of reimbursement 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 15 for tuition reimbursement require the approval of the Administrative Services Director. SECTION 5. Miscellaneous A. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their Department Director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the Department Director. The Department Director will consider the request and within 60 days either reject it at his/her level or refer it to the Human Resources Division for further evaluation. If the Department Director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Human Resources Division. The Human Resources Division will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Human Resources Division as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the Department Director, there are exceptional circumstances such recruitment shall be closed promotional. 16 Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. B. 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. DEFINITIONS 1. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: a) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; b) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 4. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking 17 classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 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. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 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 following the Department Director's consideration of established performance evaluations. 18 • 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. REEMPLOYMENT 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 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Division Manager. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. C. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. D. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in 19 • • a manner that reasonably assures unit members access to the announcements. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice 20 • • shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee - Employer Resolution #7173. G. Grievance Procedure 1. Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. 21 • • 3. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty-one (21) calendar days. 4. Step 4: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. H. Performance Evaluation 1. PREPARATION: The Supervisor shall review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: The Supervisor shall review any documentation and discuss its 22 relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. The Supervisor shall write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. The Supervisor shall present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 6. TRANSFERS AND REASSIGNMENTS: The City and the NBCEA agree to modify the "transfers and assignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a 23 final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee will be taken into consideration. I. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. J. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. K. 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the Department Director, and his/her determination shall be final. 24 Executed this t,day of 1996: NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By: �.� Paul Bechely B : CITY OF NEWPORT BEACH By: Y' John Hedges Mayor ATTEST By: �5bw} f Aif if `' LaVonne Harkless, City Clerk APPROV'D AS TO FORM: . Burnham, City Attorney 25 • EXHIBIT A CITY EMPLOYEES ASSOCIATION Account Clerk Account Clerk, Senior Accountant I Accountant II Accounts Payable Supervisor Administrative Clerk Administrative Clerk, Fire Buyer MIS Equipment Operator Duplication Machine Operator Duplicating/Mail Room Clerk Legal Secretary I Legal Secretary II Librarian I Librarian II Librarian III Librarian IV Library Automation Specialist Library Clerk I Library Clerk II Library Clerk III Library Clerk IV Library Newport Center Manager Library Support Clerk, Senior License Inspector Literacy Coordinator Marine Training Coordinator Printing Services Manager Recreation Coordinator, Senior Recreation Supervisor, Senior Recreation Supervisor Secretary Executive Secretary, Planning Director Stock Clerk Storekeeper Warehouse Manager/Senior Buyer 26 1995 C-2057 EMPLOYEES ASSOCIATION NBCEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") 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 NBCEA (hereinafter referred to as "EMPLOYEES") for 1995. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected for 1995. 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 March 13, 1995, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: 1995 ARTICLE 1 Salaries and Wages The City and the NBCEA agree to develop a new compensation policy before the expiration of this MOU, which will rescind the J-1 Policy. 1. A COLA adjustment of no less than 3% to be effective on January 1, 1994. Based on the local (all urban consumers Los Angeles - Anaheim -Riverside) CPI, for the time period between July 1, 1992 and June 30, 1993. 2. The City will add an extra step to the merit system salary range, (An "F" step) effective April 1, 1994. Only represented employees who have been at the current top step ("E") for at least one year will automatically advance to the new "F" step. All the other provisions and requirement of the merit pay system shall remain unchanged. 3. Up to three re -openers for the NBCEA on issues of importance to them, with notice of their intent to exercise this right by October 1,1993. ARTICLE 2 PERS Pickup Effective June 25, 1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. • • 1995 ARTICLE 3 Highest Year Retirement Benefit The City will modify its contract with PERS to allow best/highest year calculation. The City and "Miscellaneous Member" will contribute according to the following amortization schedule: Phase In Association Cily 1990-91 .121% .486% 1991-92 .243% .364% 1992-93 * * 1993-94 * * 1994-95 * * * The City agrees to hold the cost shift of the PERS highest year benefit at the 60% City and 40% employee level fotr the balance of fiscal year 92/93. The advancement of the cost shift will progress to 40% City and 60% employee in fiscal year 93/94, @O% City and 80% employee in fiscal year 94/95, and 100% employee in fiscal year 95/96 and thereafter. ARTICLE 4 Retirement Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. 3 • ! 1995 ARTICLE 5 Night Shift Differential Effective June 30. 1990, the differential shall be $1.00 per hour. The nightshift shall be paid to unit members for each hour worked for the City after 5:00 P.M. ARTICLE 6 Incentive Shift for Library Members City members in Library division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other city rules regarding payment for work. ARTICLE 7 Assignment Pay At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. ARTICLE 8 Direct Deposit The City will continue to provide a system for the direct deposit of paychecks to a participating Federal Wire Service Bank of the employee's choice. ARTICLE 9 Expansion of the IRC Section 125 Plan The City and the NBCEA have agreed to expand the IRC section 125 plan to the fullest extent allowed by law. This will be accomplished through a plan administrator. 4 1995 ARTICLE 10 Tuition Reimbursement The Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1992. The annual combination of UCI tuition and parking fees, as of Spring 1992, is $2,213.00, which will modify the City Reimbursement. Tuition Reimbursement is calculated on a fiscal year and this may be accessed in a lump sum. Reference Personnel Policies Section IV and prior Memorandums of Understanding incorporated herein by reference. ARTICLE 11 Vacation Accrual The CITY will maintain its current vacation accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 702.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Paid Leave Program, refer to attached Appendix "B" incorporated herein by reference. ARTICLE 12 Sick Leave The CITY will maintain its current sick accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 703.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Flex -Leave Program, refer to attached Appendix "B". Sick leave as provided in various rules is defined as an employee right not an employee privilege. Employees under the new Flex -Leave Program 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 5 1995 ARTICLE 13 Family Sick Leave Policy Effective June 23, 1984, CITY agrees to amend the provisions of the sick leave program currently applicable to affected EMPLOYEES to provide authorization to use five (5) eight (8) hour days of accrued sick leave per calendar year for an illness of a spouse, son, or daughter which requires the presence of EMPLOYEE. Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependent'. ARTICLE 14 Sick Leave Conversion Effective July 4, 1987, 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. Refer to Appendix "B" for those hired after June 30, 1990 and/or those employees who have signed up for new program. ARTICLE 15 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 6 1995 ARTICLE 16 Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. The 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. All full-time, regular employees will be eligible for the 'birthday holiday' 1 year from their date of hire. This holiday is a floating holiday. With the exception of the first year, the 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. The first year holiday will be added on the employee's anniversary date. For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. Floating holidays (employee's birthday and the floating holiday converted from Columbus Day) are excluded from this provision. Floating Holidays may be carried over from year to year in the same manner as Vacation or Flex -Leave. ARTICLE 17 Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 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 or sick leave that has been reviewed and approved by the Department Director. 2. Effective July 5, 1991, newly hired employees will be eligible to recieve full pay for scheduled holidays, without a waiting period. 7 1995 "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 follows the successful completion of their probationary period. ARTICLE 18 Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1. The new provider must have a service reputation equal to, or better than the incumbent provider. 2. The new provider must have as many or more facilities than the incumbent provider. 3. The new provider's bid must be at least 10% lower than that of the incumbent provider. 4. The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE 19 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 20 Vision Care Effective July 1, 1985, a limited vision care plan shall be added to the City's Indemnity Insurance Policy. 8 1995 ARTICLE 21 Dependent Medical Insurance Premiums Effective June 30, 1990, the City agrees to cap its contribution to employee health care plans at $400.00 per month. This maximum contribution shall apply to all unit members regardless of their length of service. ARTICLE 22 Retiree Medical Insurance Employee contribution applied to this benefits shall be 25% for the life of this agreement. The City may at its discretion absorb a portion of the dollar amount paid by retirees at no additional cost to unit members. The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retire Health Insurance Policy offered by the City. The CITY and the NBCEA have agreed to meet -and -confer on the issue of future funding of retiree medical premiums. ARTICLE 23 Disability Insurance Under the new paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated 9 • • 1995 sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service 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 employees' insurance (health, life and disability); for an employee with ten years of service 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 service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees not enrolled in new paid leave program. ARTICLE 24 City Hall Parking The City will Attempt to resolve the City Hall Parking situation in one of two ways: 1. Issue the City universal parking permit to employees who agree to park in spaces other that at City Hall or on 32nd street. 2. Assigned parking, with less senior employees assigned to the 30th street lot. If these two ideas prove to be unworkable, or insufficient to resolve this problem, the City will continue to seek an effective solution. 10 1995 ARTICLE 25 Medical Advisory Committee The City shall meet with a medical advisory committee during the months of July, December, February, and April. Other meetings may be called by Personnel Director or Committee majority. The committee shall be composed of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include preparation and solicitation of bids and coverages consultation with the City's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 26 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the 11 1995 Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgement of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. ARTICLE 27 Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS (A) "Layoffs" or "Laid Off" shall mean the non -disciplinary termination of employment. 12 1995 (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. Classification 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 Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications following a meet and consult process which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROC'FDURES In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: 13 1995 (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. An employee who has Bumping Rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (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 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 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 expire in 18 months. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re- employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel Director. 14 • • 1995 EXPIRATION This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach. ARTICLE 28 Transfers and Reassignments The City acknowledges that before arriving at a final decision involving the transfere or reassignment of work schedules of those employees represented by the NBCEA, the seniority nad preference of the employee is taken into consideration. ARTICLE 29 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. ARTICLE 30 Labor -Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 work days before the scheduled meeting; cancellation for cause shall be 15 • • 1995 rendered by the cancelling party no less than 48 hours prior to the scheduled meeting; cancelled meetings shall be rescheduled to take place within 5 working days of the cancelled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City Departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. ARTICLE 31 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an 16 ! • 1995 unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. ARTICLE 32 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. ARTICLE 33 Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. All Performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current 17 1995 duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedures. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and the NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 18 1995 5. SEVERANCE PAY: If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach. 6. TRANSFERS AND REASSIGNMENTS: The City and the NBCEA agree to modify the "transfers and reassignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee will be taken into consideration." ARTICLE 34 Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. ARTICLE 35 Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. ARTICLE 36 Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 19 1995 ARTICLE 37 Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot unreasonably deny such contact. ARTICLE 38 Release Time for NBCEA Officers Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. Activities performed on release time shall included representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. ARTICLE 39 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the department director. The 20 1995 program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the department director will meet with the work group to resolve the problem. If the department director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the department director, and his/her determination shall be final. ARTICLE 40 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 41 Conclusiveness of Memorandum This MOU contains all 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 expressively 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. 21 • • 1995 ARTICLE 42 Duration The terms of this MOU are to remain in full force and effect from January 1, 1995 through December 31, 1995 and thereafter, from year-to-year, unless within time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution 7173, either party serves written notice upon the other of its desire to make changes in this MOU. Negotiations for the subsequent agreement will commence in the fall of 1994, with bargaining proposals from the association being due on or before September 1, 1995. ARTICLE 43 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 22 1995 Appendix "B" PAID LEAVE MISCELLANEOUS EMPLOYEES as Agreed Upon in 1990 Meet and Confer 702.3 Basis for Paid Leave Accrual/Full-Time Employees Effective January 1, 1990, permanent full-time employees enrolled in the Paid Leave Program, other than those represented by the Firefighters Association, will earn paid leave according to the following schedule: Years of continuous service Accrual per month/hours Accrual per pay period/hours 1 but Tess than 5 12.67 5.85 5 but less than 9 14 6.46 9 but less than 12 15.33 7.08 12 but less than 16 16.67 7.70 16 but less than 20 18 8.31 20 but less than 25 19.33 8.92 25 and over 20.67 9.54 During the first six months of employment, new permanent full-time employees will not accrue paid leave. At the completion of six months of employment 72 hours of paid leave will be placed in the employees account. From months 6 through 12 of employment, the accrual rate will be 12 hours per month. Employees who are assigned to a 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to 72 hours of paid 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 paid leave days advanced from the employee's final check. Any paid leave time advanced during the first six months of employment will be subtracted from the 72 hours of accrual placed in the employee's account upon completion of six months employment. 702.3a Transition Period On January 1, 1990 existing accrued vacation time will become paid leave on an hour for hour basis. Existing sick leave will be "banked". "Banked" sick leave may only be accessed for necessary absences as defined in Section 703.1 of the Personnel Resolution (Sick Leave). Before accessing this bank, the first work shift must be taken from paid leave. It is the employee's responsibility to notify his/her department that the sick leave bank should be used. Employees enter the Paid leave program as a result of 1990 Memoranda of Understanding the conversion date will be September 1, 1990 at which time 24 • • 1995 existing vacation will become paid leave. Employees hired before July 1, 1990 will have until August 17, 1990 to elect the Paid Leave Program. 702.4 Limit on Accumulation Employees may accrue paid leave up to an accumulated total equal to three years accrual. Example: an employee with 10 years of service may accrue a total of 552 hours (15.33 hours x 36 months). Any paid leave earned in excess of this level will be paid on an hour for hour basis in cash at the employees hourly rate of pay. 702.5 Method of Use Paid leave may not be taken in excess of that actually accrued and in no case except for entry level Police Officers, may it be taken prior to the completion of an employee's initial probationary period. Entry level Police Officers may use scheduled paid leave only after the completion of the initial twelve (12) months of employment. The Department Director shall approve all requests for scheduled paid leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Paid leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 702.6 Payment upon Termination Any employee who accrued paid leave and whose employment terminates shall be compensated for such accrued paid leave at the hourly equivalent of the salary he/she was receiving at the time of termination. 704. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions except sworn Police Personnel, Fire personnel represented by the Firefighters Association, Marine Safety employees represented by the Ocean Lifeguard Association, and other personnel whose work assignments, in the judgement of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an equivalent number of hours of paid leave or equivalent pay whichever in the judgement of the Department Director best serves the interest of the Department. Independence Day Labor Day Veterans' Day Thanksgiving Day Friday following Thanksgiving July 4 1st Monday in Sept. November 11 4th Thursday in Nov. 25 1995 Christmas Eve Last Half of Working Day Christmas December 25 New Year's Eve Last Half of Working Day New Year's Day January 1 Martin Luther King Day* 3rd Monday in January Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday For employee's birthday. Eligibility and use according to Memoranda of Understanding. * Until such time as all employees are enrolled in the Paid Leave Program, Martin Luther King Day will be considered a floating holiday. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on a Sunday, the following Monday will be observed instead. If Christmas Eve and New Year's Eve occurs on a Saturday or Sunday, the employee shall receive four hours of paid leave added to his/her accumulated total. When any other designated holiday occurs on a Saturday, the employee shall receive an additional eight (8) hours of paid leave added to his/her accumulated total. Disability Insurance Under the paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or 26 1995 accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. 27 Executed this 25th day of May , 1995 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION by: CITY OF NEWPORT BEACH by: by: APPROVED AS TO FORM: -YQ F1erthiing March ane unson Tim Deutsch By: ATTEST: _ Mayor A:04,.e:et City Clerk 93/94 EMPLOYEES ASSOCIATION NBCEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") 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 NBCEA (hereinafter referred to as "EMPLOYEES") for the 1993-94 fiscal years. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected for the 1993-94 fiscal years. 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 June 30, 1993, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: 93/94 ARTICLE 1 Salaries and Wages The City and the NBCEA agree to develop a new compensation policy before the expiration of this MOU, which will rescind the J-1 Policy. 1. A COLA adjustment of no less than 3% to be effective on January 1, 1994. Based on the local (all urban consumers Los Angeles - Anaheim -Riverside} CPI, for the time period between July 1, 1992 and June 30, 1993. 2. The City will add an extra step to the merit system salary range, (An "F" step) effective April 1, 1994. Only represented employees who have been at the current top step ("E") for at least one year will automatically advance to the new "F" step. All the other provisions and requirement of the merit pay system shall remain unchanged. 3. Up to three re -openers for the NBCEA on issues of importance to them, with notice of their intent to exercise this right by October 1,1993. ARTICLE 2 PERS Pickup Effective June 25, 1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. 93/94 ARTICLE 3 Highest Year Retirement Benefit The City will modify its contract with PERS to allow best/highest year calculation. The City and "Miscellaneous Member" will contribute according to the following amortization schedule: phase In Association Ciiy 1990-91 .121% .486% 1991-92 .243% .364% 1992-93 * * 1993-94 * * 1994-95 * * * The City agrees to hold the cost shift of the PERS highest year benefit at the 60% City and 40% employee level fotr the balance of fiscal year 92/93. The advancement of the cost shift will progress to 40% City and 60% employee in fiscal year 93/94, @O% City and 80% employee in fiscal year 94/95, and 100% employes in fiscal year 95/96 and thereafter. ARTICLE 4 Retirement Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. 93/94 ARTICLE 5 Night Shift Differential Effective June 30. 1990, the differential shall be $1.00 per hour. The nightshift shall be paid to unit members for each hour worked for the City after 5:00 P.M. ARTICLE 6 Incentive Shift for Library Members City members in Library division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other city rules regarding payment for work. ARTICLE 7 Assignment Pay At the discretion of the Planning Director, an assignment pay of' 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. ARTICLE 8 Direct Deposit The City will continue to provide a system for the direct deposit of paychecks to a participating Federal Wire Service Bank of the employee's choice. ARTICLE 9 Expansion of the IRC Section 125 Plan The City and the NBCEA have agreed to expand the IRC section 125 plan to the fullest extent allowed by law. This will be accomplished through a plan administrator. 93/94 ARTICLE 10 Tuition Reimbursement The Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1992. The annual combination of UCI tuition and parking fees, as of Spring 1992, is $2,213.00, which will modify the City Reimbursement. Tuition Reimbursement is calculated on a fiscal year and this may be accessed in a lump sum. Reference Personnel Policies Section IV and prior Memorandums of Understanding incorporated herein by reference. ARTICLE 11 Vacation Accrual The CITY will maintain its current vacation accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 702.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Paid Leave Program, refer to attached Appendix "B" incorporated herein by reference. ARTICLE 12 Sick Leave The CITY will maintain its current sick accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 703.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Flex -Leave Program, refer to attached Appendix "B". Sick leave as provided in various rules is defined as an employee right not an employee privilege. Employees under the new Flex -Leave Program 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 93/94 ARTICLE 13 Family Sick Leave Policy Effective June 23, 1984, CITY agrees to amend the provisions of the sick leave program currently applicable to affected EMPLOYEES to provide authorization to use five (5) eight (8) hour days of accrued sick leave per calendar year for an illness of a spouse, son, or daughter which requires the presence of EMPLOYEE. Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependent'. ARTICLE 14 Sick Leave Conversion Effective July 4, 1987, 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. Refer to Appendix "B" for those hired after June 30, 1990 and/or those employees who have signed up for new program. ARTICLE 15 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 93/94 ARTICLE 16 Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. The 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. All full-time, regular employees will be eligible for the 'birthday holiday' 1 year from their date of hire. This holiday is a floating holiday. With the exception of the first year, the 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. The first year holiday will be added on the employee's anniversary date. For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. Floating holidays (employee's birthday and the floating holiday converted from Columbus Day) are excluded from this provision. Floating Holidays may be carried over from year to year in the same manner as Vacation or Flex -Leave. ARTICLE 17 Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 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 or sick leave that has been reviewed and approved by the Department Director. 2. Effective July 5, 1991, newly hired employees will be eligible to recieve full pay for scheduled holidays, without a waiting period. • • 93/94 "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 follows the successful completion of their probationary period. ARTICLE 18 Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1. The new provider must have a service reputation equal to, or better than the incumbent provider. 2. The new provider must have as many or more facilities than the incumbent provider. 3. The new provider's bid must be at least 10% lower than that of the incumbent provider. 4. The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE 19 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 20 Vision Care Effective July 1, 1985, a limited vision care plan shall be added to the City's Indemnity Insurance Policy. 93/94 ARTICLE 21 Dependent Medical Insurance Premiums Effective June 30, 1990, the City agrees to cap its contribution to employee health care plans at $400.00 per month. This maximum contribution shall apply to all unit members regardless of their length of service. ARTICLE 22 Retiree Medical Insurance Employee contribution applied to this benefits shall be 25% for the life of this agreement. The City may at its discretion absorb a portion of the dollar amount paid by retirees at no additional cost to unit members. The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retire Health Insurance Policy offered by the City. ARTICLE 23 Disability Insurance Under the new paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 11 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away • • 93/94 from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service 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 employees' insurance (health, life and disability); for an employee with ten years of service 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 service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees not enrolled in new paid leave program. ARTICLE 24 City Hall Parking The City will Attempt to resolve the City Hall Parking situation in one of two ways: 1. Issue the City universal parking permit to employees who agree to park in spaces other that at City Hall or on 32nd street. 2. assigned parking, with less senior employees assigned to the 30th street lot. If these two ideas prove to be unworkable, or insufficient to resolve this problem, the City will continue to seek an effective solution. • • 93/94 ARTICLE 25 Medical Advisory Committee The City shall meet with a medical advisory committee during the months of July, December, February, and April. Other meetings may be called by Personnel Director or Committee majority. The committee shall be composed of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include preparation and solicitation of bids and coverages consultation with the City's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 26 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the 93/94 Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgement of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be retumed to the employee with a written statement of the reasons for the denial. ARTICLE 27 Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS (A) "Layoffs" or "Laid Off" shall mean the non -disciplinary termination of employment. 93/94 (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, leave and leave of absence with pay, but shall not include time spent 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. Classification 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 Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for military on any subordinates. The City Manager shall determine those following a meet and consult process which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" the right of an employee, based upon seniority within a series lower ranking Classification within the same Series, (2) to be Classifications shall mean (1) to bump into a followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. which the specialized No employee shall have the right to bump into a classification for employee does not possess the minimum qualifications such as education, training or experience. PROCEDURES In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: 93/94 (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. An employee who has Bumping Rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (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 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or. thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 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 expire in 18 months. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re- employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel Director. 93/94 EXPIRATION This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach. ARTICLE 28 Transfers and Reassignments The City acknowledges that before arriving at a final decision involving the transfere or reassignment of work schedules of those employees represented by the NBCEA, the seniority nad preference of the employee is taken into consideration. ARTICLE 29 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. ARTICLE 30 Labor -Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 work days before the scheduled meeting; cancellation for cause shall be rendered by the cancelling party no less than 48 hours prior to the scheduled meeting; cancelled meetings shall be rescheduled to take place within 5 • • 93/94 may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City Departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. ARTICLE 31 Discipline - Notice of Intent Employees who are to be the subject of Substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of' the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. 93/94 This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. ARTICLE 32 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. ARTICLE 33 Performance Evaluation I. PREPARATION: Review the employees previous evaluation and identify changes in performance. All Performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. • • 93/94 2. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedures. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and the NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 5. SEVERANCE PAYt If an employee is laid off from their job with the City, for economic reasons. the City will grant severance pay in an amount • 0 93/94 equal to one week of pay for every full year of continuous employment service to the City of Newport Beach. 6. TRANSFERS AND REASSIGNMENTS; The City and the NBCEA agree to modify the "transfers and reassignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee will be taken into consideration." ARTICLE 34 Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. ARTICLE 35 Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. ARTICLE 36 Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 93/94 ARTICLE 37 Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot unreasonably deny such contact. ARTICLE 38 Release Time for NBCEA Officers Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. Activities performed on release time shall included representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. ARTICLE 39 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the department director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the • 93/94 same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the department director will meet with the work group to resolve the problem. If the department director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the department director, and his/her determination shall be final. ARTICLE 40 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire teen of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 41 Conclusiveness of Memorandum This MOU contains all 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 expressively 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. ARTICLE 42 Duration The terms of this MOU are to remain in full force and effect from the 30th day of June, 1990 to December 31, 1994 and thereafter, from year-to-year, • • 93/94 unless within time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution 7173, either party serves written notice upon the other of its desire to make changes in this MOU. Negotiations for the subsequent agreement will commence in the fall of 1994, with bargaining proposals from the association being due on or before September 1, 1994. ARTICLE 43 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. • • 93/94 Appendix "B" PAID LEAVE MISCELLANEOUS EMPLOYEES as Agreed Upon in 1990 Meet and Confer 702.3 Basis for Paid Leave Accrual/Full-Time Employees Effective January 1, 1990, permanent full-time employees enrolled in the Paid Leave Program, other than those represented by the Firefighters Association, will earn paid leave according to the following schedule: Years of continuous service Accrual per month/hours Accrual per pay period/hours 1 but less than 5 12.67 5.85 5 but less than 9 14 6.46 9 but less than 12 15.33 7.08 12 but less than 16 16.67 7.70 16 but less than 20 18 8.31 20 but less than 25 19.33 8.92 25 and over 20.67 9.54 During the first six months of employment, new permanent full-time employees will not accrue paid leave. At the completion of six months of employment 72 hours of paid leave will be placed in the employees account. From months 6 through 12 of' employment, the accrual rate will be 12 hours per month. Employees who are assigned to a 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to 72 hours of paid 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 paid leave days advanced from the employee's final check. Any paid leave time advanced during the first six months of employment will be subtracted from the 72 hours of accrual placed in the employee's account upon completion of six months employment. 702.3a Transition Period On January 1, 1990 existing accrued vacation time will become paid leave on an hour for hour basis. Existing sick leave will be "banked". "Banked" sick leave may only be accessed for necessary absences as defined in Section 703.1 of the Personnel Resolution (Sick Leave). Before accessing this bank, the first work shift must be taken from paid leave. It is the employee's responsibility to notify his/her department that the sick leave bank should be used. Employees enter the Paid leave program as a result of 1990 Memoranda of Understanding the conversion date will be September 1, 1990 at which time 93/94 existing vacation will become paid leave. Employees hired before July 1, 1990 will have until August 17, 1990 to elect the Paid Leave Program. 702.4 Limit on Accumulation Employees may accrue paid leave up to an accumulated total equal to three years accrual. Example: an employee with 10 years of service may accrue a total of 552 hours (15.33 hours x 36 months). Any paid leave earned in excess of this level will be paid on an hour for hour basis in cash at the employees hourly rate of pay. 702.5 Method of Use Paid leave may not be taken in excess of that actually accrued and in no case except for entry level Police Officers, may it be taken prior to the completion of an employee's initial probationary period. Entry level Police Officers may use scheduled paid leave only after the completion of the initial twelve (12) months of employment. The Department Director shall approve all requests for scheduled paid leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Paid leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 702.6 Payment upon Termination Any employee who accrued paid leave and whose employment terminates shall be compensated for such accrued paid leave at the hourly equivalent of the salary he/she was receiving at the time of termination. 704. Holiday Leave Subject to the provision herein, the following days shall be observed as paid holidays by all employees in permanent positions except sworn Police Personnel, Fire personnel represented by the Firefighters Association, Marine Safety employees represented by the Ocean Lifeguard Association, and other personnel whose work assignments, in the judgement of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an equivalent number of hours of paid leave or equivalent pay whichever in the judgement of the Department Director best serves the interest of the Department. Independence Day Labor Day Veterans' Day Thanksgiving Day Friday following Thanksgiving July 4 1st Monday in Sept. November 11 4th Thursday in Nov. 93/94 Christmas Eve Last Half of Working Day Christmas December 25 New Year's Eve Last Half of Working Day New Year's Day January 1 Martin Luther King Day* 3rd Monday in January Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday For employee's birthday. Eligibility and use according to Memoranda of Understanding. * Until such time as all employees are enrolled in the Paid Leave Program, Martin Luther King Day will be considered a floating holiday. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on a Sunday, the following Monday will be observed instead. If Christmas Eve and New Year's Eve occurs on a Saturday or Sunday, the employee shall receive four hours of paid leave added to his/her accumulated total. When any other designated holiday occurs on a Saturday, the employee shall receive an additional eight (8) hours of paid leave added to his/her accumulated total. Disability Insurance Under the paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or 93/94 accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. Executed this day of 1993 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION by: by: bv: nn I3akuy r Ginger Varin 1 ' .r� CITY OF NEWPORT BEACH by: ;Flmiving March Duane K. Mu . on by; . Dennis Danner APPRO ED AS TO FORM: hie ty Attorney AI IEST: • • 92/93 EMPLOYEES ASSOCIATION NBCEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") 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 NBCEA (hereinafter referred to as "EMPLOYEES") for the balance of fiscal year 1992-93. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected for the balance of fiscal year 1992-93. 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 November 9, 1992, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE 1 Salaries and Wages Wages and salaries shall remain unchanged during during the life of this MOU; however, the City agrees to reopen on wages or salaries if during the life of this MOU the City grants an increase in wages or salaries to any other association. 92/93 If the reopener occurs the dialog will be focused on either the percentage granted the association or the formula used to arrive at that percentage. ARTICLE 2 Re -opening The City agrees to reopen on wages or salaries if during the life of this MOU the City grants an increase in wages or salaries to any other association. If the reopener occurs the dialog will be focused on either the percentage granted the association or the formula used to arrive at that percentage. ARTICLE 3 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the department director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the department director will meet with the work group to resolve the problem. If the department director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the department director, and his/her determination shall be final. ARTICLE 4 PERS Pickup Effective June 25, 1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request 2 92/93 of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE 5 Highest Year Retirement Benefit The City will modify its contract with PERS to allow best/highest year calculation. The City and "Miscellaneous Member" will contribute according to the following amortization schedule: Phase In Association City 1990-91 .121% .486% 1991-92 .243% .364% 1992-93* * 1993-94* * * 1994-95* * * *The City agrees to hold the cost shift of the PERS highest year benefit at the 60% City and 40% employee level for the balance of the fiscal year. The advancement of the cost shift will progress to 40% City and 60% employee in fiscal year 93-94, 20% City and 80% employee in fiscal year 94-95, and 100% employee in fiscal year 95-96 and thereafter. This modification in the cost shift, by agreement between the NBCEA and the City, is to be effective immediately. ARTICLE 6 Retirement Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. 3 92/93 This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE 7 Night Shift Differential Effective June 30. 1990, the differential shall be $1.00 per hour. The night shift shall be paid to unit members for each regular hour worked for the City after 5:00 P.M. ARTICLE 8 Incentive Shift for Library Members City members in Library division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other city rules regarding payment for work. ARTICLE 9 Assignment Pay At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. ARTICLE 10 Direct Deposit During the life of this MOU, the City will develop a system for the direct deposit of paychecks to the participating Federal Wire Service Bank of the employee's choice. 4 92/93 ARTICLE 11 Expansion of the IRS Section 125 Plan The NBCEA and the City agree to expand the IRS section 125 plan to the fullest extent allowed by law. This will be accomplished through the selection of a qualified section 125 plan administrator. ARTICLE 12 Tuition Reimbursement The Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1992. The annual combination of UCI tuition and parking fees, as of Spring 1992, is $2,213.00, which will modify the City Reimbursement. Tuition Reimbursement is calculated on a fiscal year and this may be accessed in a lump sum. Reference Personnel Policies Section IV and prior Memorandums of Understanding incorporated herein by reference. ARTICLE 13 Vacation Accrual The CITY will maintain its current vacation accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 702.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Paid Leave Program, refer to attached Appendix "B" incorporated herein by reference. ARTICLE 14 Flex -Leave The NBCEA and the City agree to add one day to the accrual schedule of the Flex -leave program for employees who have completed 12 or more years of consecutive service for the City (appendix "A"). 5 92/93 The City and the NBCEA agree to allow for a one time reverse enrollment from the Flex -leave system back to the traditional vacation/sick leave system. Any employee, hired prior to July 1, 1989, wishing to return to the traditional system of vacation/sick leave may elect to do so during a one month period to be determined by agreement between the NBCEA and the City. During the term of this MOU the City will continue to work with representatives of NBCEA to seek modification of the the Flex -leave system so as to meet the reporting of compensation requirements of PERS. ARTICLE 15 Sick Leave The CITY will maintain its current sick accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 703.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Paid Leave Program, refer to attached Appendix "B". Sick leave as provided in various rules is defined as an employee right not an employee privilege. Employees under the new Paid Leave Program and enrolled in the City's Disability Program will be eligible for City paid Disability Insurance Premiums as follows: $O% at 88 hours and j00% at 208 hours. ARTICLE 16 Family Sick Leave Policy Effective June 23, 1984, CITY agrees to amend the provisions of the sick leave program currently applicable to affected EMPLOYEES to provide authorization to use five (5) eight (8) hour days of accrued sick leave per calendar year for an illness of a spouse, son, or daughter which requires the presence of EMPLOYEE. Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependent'. 6 92/93 ARTICLE 17 Sick Leave Conversion Effective July 4, 1987, 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. Refer to Appendix "B" for those hired after June 30, 1990 and/or those employees who have signed up for new program. ARTICLE 18 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." ARTICLE 19 Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. The 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the lst pay period in fiscal year. 7 92/93 All full-time, regular employees will be eligible for the 'birthday holiday' 1 year from their date of hire. This holiday is a floating holiday. With the exception of the first year, the 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. The first year holiday will be added on the employee's anniversary date. For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. Floating holidays (employee's birthday and the floating holiday converted from Columbus Day) are excluded from this provision. Floating Holidays may be carried over from year to year in the same manner as Vacation. ARTICLE 20 Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 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 or sick leave that has been reviewed and approved by the Department Director. 2. Effective July 5, 1991, newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. "Floating holiday" eligibility will be modified to allow for newly hired employees to earn their first floating holiday credit, eight (8) hours, at the same time as they receive their first regular appointment status, which follows the successful completion of their probationary period. ARTICLE 21 Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY's Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1. The new provider must have a service reputation equal to, or better than the incumbent provider. 8 92/93 2. The new provider must have as many or more facilities than the incumbent provider. 3. The new provider's bid must be at least 10% lower than that of the incumbent provider. 4. The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE 22 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 23 Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. ARTICLE 24 Dependent Medical Insurance Premiums Effective June 30, 1990, the City agrees to cap its contribution to employee health care plans at $400.00 per month. This maximum contribution shall apply to all unit members regardless of their length of service. ARTICLE 25 Retiree Medical Insurance Employee contribution applied to this benefits shall be 25%/$12.21 per month for the life of this agreement. The City may at its discretion absorb a portion of the dollar amount paid by retirees at no additional cost to unit members. The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retire Health Insurance Policy offered by the City. 9 92/93 ARTICLE 26 Disability Insurance Under the new paid leave program the following rules will govem access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service 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 employees' insurance (health, life and disability); for an employee with ten years of service 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 service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees not enrolled in new paid leave program. 10 92/93 ARTICLE 27 City Hall Parking The City will attempt to resolve the City Hall parking situation, by December 1, 1992, in one of two ways: 1. Issue the City universal parking permit to employees who agree to park in spaces other than at City Hall or on 32nd street. 2. Assigned parking, with less senior employees assigned to the 30th street lot. If these two ideas prove to be unworkable, or insufficient to resolve this problem, the City will continue to seek a solution which will solve this problem. ARTICLE 28 Medical Advisory Committee The City shall meet with a medical advisory committee during the months of July, December, February, and April. Other meetings may be called by Personnel Director or Committee majority. The committee shall becomposed of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include preparation and solicitation of bids and coverages consultation with the City's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. The NBCEA and the City worked together in the selection of a new health care provider. This process involved participation in the Medical Advisory Committee, and further dialog at the bargaining table. 11 92/93 ARTICLE 29 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. Incumbents shall not be required to compete or otherwise qualify for positions reclassified on the basis of the duties those employees perform. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled 12 92/93 by recruitment. Unless, in the judgement of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. ARTICLE 30 Layoffs Seniority is defined as the length of service of an employee, dating from the employee's last date of hire. Any right based upon seniority shall not accrue to any employee until the employee attains permanent status as defined in Section 2 of the Newport Beach Personnel Policies. In the event CITY determines to lay off employees, CITY shall consider the following factors: 1. Ability to perform work required and the manner in which employee has previously performed the work; and, 2. Length of seniority. ARTICLE 31 Transfers and reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those represented by NBCEA, the seniority of the employee is taken into consideration. ARTICLE 32 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. 13 92/93 ARTICLE 33 Labor -Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 work days before the scheduled meeting; cancellation for cause shall be rendered by the cancelling party no less than 48 hours prior to the scheduled meeting; cancelled meetings shall be rescheduled to take place within 5 working days of the cancelled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour, grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City Departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. ARTICLE 34 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct 14 92/93 which justifies the imposition of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. ARTICLE 35 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. ARTICLE 36 Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. Note changes and the reasons why. 15 92/93 Review established job duties that were discussed with the employee and provided to him in writing at the beginning of the rating period. Review established performance standards for each job duty described above, which were also discussed with the employee and provided to him in writing at the outset of the rating period. List specific incidents or products that illustrate and support the formal ratings in each performance category. Prepare established job duties and performance standards for presentation to the employee at the beginning of the next rating period. 2. COMPLETION OF THE RATING: Review all documentation and its relationship to job duties and performance standards. Assign ratings to each item on the form, basing them on factual information and upon objective of observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the raters Department head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedures. The employee may attach a rebuttal to any evaluation prior to its placement in his permanent personnel file. 5. RATING SCHEDULE: All employees will receive a performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. 16 92/93 ARTICLE 37 Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. ARTICLE 38 Permanent Part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. ARTICLE 39 Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. ARTICLE 40 Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot unreasonably deny such contact. 17 92/93 ARTICLE 41 Release Time for NBCEA Officers Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. Activities performed on release time shall included representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. ARTICLE 42 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYFF-S in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 43 Conclusiveness of Memorandum This MOU contains all 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 expressively 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. 18 92/93 ARTICLE 44 Duration The terms of this MOU are to remain in full force and effect from the 9th day of November, 1992 to June 26, 1993 and thereafter, from year-to-year, unless within time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution 7173, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 45 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 altemative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 19 92/93 20 92/93 Appendix "A" FLEX -LEAVE MISCELLANEOUS EMPLOYEES as Agreed Upon in 1990 Meet and Confer 702.3 Basis for Flex -Leave Accrual/Full-Time Employees Effective November 9, 1992, permanent full-time Leave Program, covered by this agreement, will following schedule: 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 month/hours 12.67 14 15.33 17.33 18.67 20 21.33 employees enrolled in the Flex - earn flex -leave according to the Accrual per pay period/hours 5.85 6.46 7.08 8.00 8.62 9.23 9.85 During the first six months of employment, new permanent full-time employees will not accrue flex -leave. At the completion of six months of employment 72 hours of flex -leave will be placed in the employees account. From months 6 through 12 of employment, the accrual rate will be 12 hours per month. Employees who are assigned to a 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to 72 hours of paid 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 72 hours of accrual placed in the employee's account upon completion of six months employment. 702.3a Transition Period On January 1, 1990 existing accrued vacation time will become flex -leave on an hour for hour basis. Existing sick leave will be "banked". "Banked" sick leave may only be accessed for necessary absences as defined in Section 703.1 of the Personnel Resolution (Sick Leave). It is the employee's responsibility to notify his/her department that the sick leave bank should be used, without notification to the contrary the department will charge time off to the employee's flex -leave account. 21 92/93 Employees enter the flex -leave program as a result of 1990 Memoranda of Understanding the conversion date will be September 1, 1990 at which time existing vacation will become flex -leave. Employees hired before July 1, 1990 will have until August 17, 1990 to elect the Flex -Leave Program. 702.4 Limit on Accumulation Employees may accrue flex -leave up to an accumulated total equal to three years accrual. Example: an employee with 10 years of service may accrue a total of 552 hours (15.33 hours x 36 months). Any flex -leave earned in excess of this level will be paid on an hour for hour basis in cash at the employees hourly rate of pay. 702.5 Method of Use Flex -leave may not be taken in excess of that actually accrued and in no case may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for scheduled 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. 702.6 Payment upon Termination Any employee who accrued paid leave and whose employment terminates shall be compensated for such accrued flex -leave at the hourly equivalent of the salary he/she was receiving at the time of termination. 704. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions except for personnel whose work assignments, in the judgement of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive eight (8) hours of flex -leave or equivalent pay whichever in the judgement of the Department Director best serves the interest of the Department. Independence Day July 4 Labor Day 1st Monday in Sept. Veterans' Day November 11 Thanksgiving Day 4th Thursday in Nov. Friday following Thanksgiving Christmas Eve Last Half of Working Day Christmas December 25 New Year's Eve Last Half of Working Day 22 92/93 New Year's Day Martin Luther King Day* Washington's Birthday Memorial Day Floating Holiday January 1 3rd Monday in January 3rd Monday in February Last Monday in May For employee's birthday. Eligibility and use according to Memoranda of Understanding. *Until such time as all employees are enrolled in the Flex -Leave Program, Martin Luther King Day will be considered a floating holiday. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on a Sunday, the following Monday will be observed instead. If Christmas Eve and New Year's Eve occurs on a Saturday or Sunday, the employee shall receive four hours of paid leave added to his/her accumulated total. When any other designated holiday occurs on a Saturday, the employee shall receive an additional eight (8) hours of flex -leave added to his/her accumulated total. Disability Insurance Under the flex -leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available flex -leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated flex -leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: 23 92/93 25 Executed this 10th day of February , 1993 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION by: by: by: by: CITY OF NEWPORT BEACH by: by: by: _ immy Larsen Lynn Bakuy Eileen Harrington 2- x t- - Lee Buzzard Dennis Danner T Johnson ATTEST: May o r City Clerk • • C -2 59 EMPLOYEES ASSOCIATION NBCEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") 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 NBCEA (hereinafter referred to as "EMPLOYEES") for the 1990-1992 fiscal years. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected for the 1990-1992 fiscal years. 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 June 30, 1990, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: 90-92 1 ARTICLE 1 Salaries and Wages Effective June 30, 1990, the City and NBCEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A" incorporated herein by reference. These salaries reflect a total compensation increase of 9.0% and result in a general wage increase as applied of 10.1%. Special adjustment to salary is made for Accountant II who will receive 5% and a technical adjustment for Executive Secretaries outside the J-1 Policy of .5%. ARTICLE 2 Re -opening This will be a two-year agreement allowing for re -openers on bench -mark review and a J-1 comparison review to ascertain that benefits are properly compared to total compensation. There will be a wage adjustment next year, July 1991 depending on these comparisons. In addition, up to three single -issue items may be raised by either the NBCEA or the City and/or any item(s) mutually agreed upon. ARTICLE 3 Modification in Survey Benchmark The CITY and NBCEA have agreed to conclude discussion of possible modifications of benchmark to be concluded by February 1, 1991. ARTICLE 4 PERS Pickup Effective June 25, 1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. 90-92 ARTICLE 5 Highest Year Retirement Benefit The City will modify its contract with PERS to allow best/highest year calculation. The City and "Miscellaneous Member" will contribute according to the following amortization schedule: Phase In Association 1990-91 .121% .486% 1991-92 .243% .364% 1992-93 .364% .243% 1993-94 .486% .121% 1994.95 .607% .0 ARTICLE 6 Retirement Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE 7 Night Shift Differential Effective June 30, 1990, the differential shall be $1.00 per hour. The night shift shall be paid to unit members for each hour worked for the City after 5:00 P.M. ARTICLE 8 Incentive Shift for Library Members City members in Library division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other city rules regarding payment for work. 90-92 3 ARTICLE 9 Assignment Pay At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. ARTICLE 10 Tuition Reimbursement Effective June 30, 1990, the Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1990. The annual combination of UCI tuition and parking fees, as of Spring 1990, is $1,550.00, which will modify the City Reimbursement. Note, Tuition Reimbursement is calculated on a fiscal year and this may be accessed in a lump sum. Reference Personnel Policies Section IV and prior Memorandums of Understanding incorporated herein by reference. ARTICLE 11 Vacation Accrual The CITY will maintain its current vacation accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 702.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Paid Leave Program, refer to attached Appendix "B" incorporated herein by reference. ARTICLE 12 Sick Leave The CITY will maintain its current sick accrual schedule for those employees who wish to remain in present system and who were hired prior to June 30, 1990. Refer to Personnel Policies 703.3 for schedule incorporated herein by reference. All new hires and those who opt for the new Paid Leave Program, refer to attached Appendix "B". Sick leave as provided in various rules is defined as an employee right not an employee privilege. 90-92 4 • • Employees under the new Paid Leave Program 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 ARTICLE 13 Family Sick Leave Policy Effective June 23, 1984, CITY agrees to amend the provisions of the sick leave program currently applicable to affected EMPLOYEES to provide authorization to use (5) eight (8) hour days of accrued sick leave per calendar year for an illness of a spouse, son, or daughter which requires the presence of EMPLOYEE. Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependent'. ARTICLE 14 Sick Leave Conversion Effective July 4, 1987, 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. This is true for only those employees who are under the old Sick Leave Policy. Refer to Appendix "B" for those hired after June 30, 1990 and/or those employees who have signed up for new program. ARTICLE 15 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: 90-92 5 • • "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." ARTICLE 16 Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. The 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. All full-time, regular employees will be eligible for the 'birthday holiday' 1 year from their date of hire. This holiday is a floating holiday. With the exception of the first year, the 8 hour floating holiday credit will be added to the eligible employee leave accumulation of the 1st pay period in fiscal year. The first year holiday will be added on the employee's anniversary date. For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. Floating holidays (employee's birthday and the floating holiday converted from Columbus Day) are excluded from this provision. Floating Holidays may be carried over from year to year in the same manner as Vacation. For the year 1990/91 only, in consideration for a trade on one floating holiday, the City agrees to 8 hour day holidays on Christmas Eve and New Year's Eve days. ARTICLE 17 Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 1.) Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on 90-92 6 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. ARTICLE 18 Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE 19 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. ARTICLE 20 Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. 90-92 7 ARTICLE 21 Dependent Medical Insurance Premiums Effective June 30, 1990 the City agrees to cap its contribution to employee health care plans at $400.00 per month. This maximum contribution shall apply to all unit members regardless of their length of service. ARTICLE 22 Retiree Medical Insurance Employee contribution applied to this benefit shall be 25%/$12.21 per month for the life of this agreement. The City may at its discretion absorb a portion of the dollar amount paid by retirees at no additional cost to unit members. The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. ARTICLE 23 Disability Insurance Under the new paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5 In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick or paid or combination) of 160 hours but less than 90-92 280 hours - 50% paid. • Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service 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 employees' insurance (health, life and disability); for an employee with ten years of service 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 service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees not enrolled in new paid leave program. ARTICLE 24 Medical Advisory Committee The City shall meet with a medical advisory committee during the months of July, December, February, and April. Other meetings may be called by Personnel Director or Committee majority. The committee shall be composed of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include preparation and solicitation of bids and coverages consultation with the City's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 25 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manger shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject 90-92 9 • • employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgement of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. ARTICLE 26 Paraprofessional Job Classes The City agrees to maintain, for the life of this agreement, the existing "experience and training" language in the job descriptions for the following positions: Management Analyst Assistant/Associate Planner 90-92 10 Personnel Analyst Systems Analyst ARTICLE 27 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. ARTICLE 28 Labor -Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 work days before the scheduled meeting; cancellation for cause shall be rendered by the cancelling party no less than 48 hours prior to the scheduled meeting; cancelled meetings shall be rescheduled to take place within 5 working days of the cancelled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative . 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City Departments: Minimum representation shall include three NBCEA members and three management representatives.. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. 90-92 11 ARTICLE 29 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. ARTICLE 30 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. 90-92 12 • • ARTICLE 31 Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. Note changes and the reasons why. Review established job duties that were discussed with the employee and provided to him in writing at the beginning of the rating period. Review established performance standards for each job duty described above, which were also discussed with the employee and provided to him in writing at the outset of the rating period. List specific incidents or products that illustrate and support the formal ratings in each performance category. Prepare established job duties and performance standards for presentation to the employee at the beginning of the next rating period. 2. COMPLETION OF THE RATING: Review all documentation and its relationship to job duties and performance standards. Assign ratings to each item on the form, basing them on factual information and upon objective of observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the raters Department head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his permanent personnel file. 5. RATING SCHEDULE: All employees will receive a performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. 90-92 13 ARTICLE 32 Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementation, an employee is required to individually notify the awards committee of all of the service time. ARTICLE 33 Permanent part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part-time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. ARTICLE 34 Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. ARTICLE 35 Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot unreasonably deny such contact. 90-92 14 ARTICLE 36 Release Time for NBCEA Officers Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. ARTICLE 37 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 38 Conclusiveness of Memorandum This MOU contains all 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 expressively 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. 90-92 15 • • ARTICLE 39 Duration The terms of this MOU are to remain in full force and effect from the 30th day of June, 1990 to June 28, 1992 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 7173, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 40 Separability Should any part of this MOU or any provision herein contained be rendered or dedared 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 90-92 16 • 1990-91 EXHIBIT "A" ASSOCIATION CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE ACCOUNTANT II 1-002 2832- 3442 ACCOUNT CLERK 1-003 1841- 2237 ACCOUNT CLERK, SR. 1-005 1979- 2406 ACCOUNTS PAYABLE SUPERVISOR 1-006 2172- 2640 ACCOUNTING SUPERVISOR 1-007 2193- 2666 ADMINISTRATIVE CLERK 1-009 1745- 2121 AUTOMOTIVE PARTS BUYER 1-010 2291- 2785 BUILDING PERMIT CLERK 1-013 1583- 1924 BUYER 1-016 2291- 2785 COMPUTER OPERATOR 1-020 2029- 2467 DATA CONTROL CLERK 1-023 2029- 2467 DATA ENTRY OPERATOR 1-025 1841- 2237 DUPLICATING MACHINE OPERATR 1-040 1850- 2249 DUPLICATING MACHINE OPR.,SR. 1-045 1843- 2240 DUPLICATING/MAIL ROOM CLERK 1-046 1711- 2080 FIRE PREVENTION TECH. 1-047 1757- 2135 LEGAL ADMIN. CLERK 1-048 1979- 2406 LEGAL SECRETARY I 1-049 2154- 2618 LEGAL SECRETARY II 1-050 2374- 2886 LEGISLATIVE RECORDS CLERK 1-051 1979- 2406 LIBRARIAN 1-052 2489- 3026 LIB.ADULT SVCS. COORD. 1-054 3232- 3928 LIBRARY ASSISTANT, SENIOR 1-055 2408- 2927 LIBRARY AUTOMATION SPECIALIST 1-057 2131- 2590 LIBRARY BRANCH MANAGER 1-059 2800- 3403 ASSOCIATION CLASSIFICATION 1990-91 EXHIBIT "A" CLASS CODE MONTHLY SALARY RANGE LIBRARY CHILDRENS SVCS. COORD. 1-060 3078- 3741 LIBRARY TECHNICAL SVCS. COORD. 1-061 3078- 3741 LIBRARY CLERK I 1-062 1552- 1887 LIBRARY CLERK II 1-063 1755- 2133 LIBRARY CLERK, SENIOR 1-065 1933- 2349 LIBRARY CLERK IV (TERM) 1-070 2131-'2590 LIBRARY NEWPORT CTR MANAGER 1-071 3487- 4239 LIBRARY SUPPORT CLK 1-072 1933- 2349 LIBRARY SUPPORT CLK, SR. 1-074 2131- 2590 LICENSE INSPECTOR 1-080 2526- 3070 PAYROLL TECHNICIAN 1-097 2172- 2640 PERSONNEL CLERK 1-100 1887- 2293 RECREATION COORDINATOR 1-116 2352- 2858 RECREATION SUPERVISOR 1-120 2924- 3554 SECRETARY 1-123 1979- 2406 SECRETARY, EXECUTIVE 1-125 2132- 2592 SECRETARY, PLANNING COMMISSION 1-127 2123- 2580 SECRETARY TO FIRE CHIEF 1-130 2123- 2580 STOCK CLERK 1-150 1964- 2387 STOREKEEPER 1-155 2182- 2652 TRAFFIC ENGINEERING TECHNICIAN 1-170 2800- 3403 WAREHOUSE MGR./BUYER 1-175 2858- 3474 WATER BILLING SUPERVISOR 1-187 2172- 2640 ASSOCIATION CLASSIFICATION 1990-91 EXHIBIT "A" CLASS CODE MONTHLY SALARY RANGE EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 1.00 PER HOUR NIGHT DIFFERENTIAL PAY. Appendix "B" PAID LEAVE MISCELLANEOUS EMPLOYEES as Agreed Upon in 1990 Meet and Confer 702.3. Basis for Paid Leave accrual/Full-time Employees Effective January 1, 1990, permanent full-time employees enrolled in the Paid Leave Program, other than those represented by the Firefighters Association, will earn paid leave according to the following schedule: Years of continuous service Accrual per Accrual per month/hours pay period/hours 1 but less than 5 12.67 5.85 5 but less than 9 14 6.46 9 but less than 12 15.33 7.08 12 but less than 16 16.67 7.70 16 but less than 20 18 8.31 20 but less than 25 19.33 8.92 25 and over 20.67 9.54 During the first six months of employment, new permanent full-time employees will not accrue paid leave. At the completion of six months of employment 72 hours of paid leave will be placed in the employees account. From months six through 12 of employment, the accrual rate will be 12 hours per month. Employees who are assigned to a 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to 72 hours of paid leave time to be used for illnesses only. If the employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of paid leave days advanced from the employee's final check. Any paid leave time advanced during the first six months of employment will be subtracted from the 72 hours of accrual placed in the employee's account upon completion of six months employment. 702.3a Transisition Period. On January 1, 1990 existing accrued vacation time will become paid leave on an hour for hour basis. Existing sick leave will be "banked". "Banked" sick leave may only be accessed for necessary absences as defined in Section 703.1 of the Personnel Resolution (Sick Leave). Before accessing this bank, the first • • work shift must be taken from paid leave. It is the employee's responsibility to notify his/her department that the sick leave bank should be used. For employees entering the Paid Leave program as a result of 1990 Memoranda of Understanding the conversion date will be September 1, 1990 at which time existing vacation will become paid leave. Employees hired before July 1, 1990 will have until August 17, 1990 to elect the Paid Leave Program. 702.4 Limit on Accumulation Employees may accrue paid leave up to an accumulated total equal to three years accrual Example: an employee with 10 years of service may accrue a total of 552 hours (15.33 hours x 36 months). Any paid leave earned in excess of this level will be paid on an hour for hour basis in cash at the employees hourly rate of pay. 702.5 Method of Use Paid leave may not be taken in excess of that actually accrued and in no case except for entry level Police Officers, may it be taken prior to the completion of an employee's initial probationary period. Entry level Police Officers may use scheduled paid leave only after the completion of the initial twelve (12) months of employment. The Department Director shall approve all requests for scheduled paid leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Paid leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. 702.6 Payment upon Termination Any employee who accrued paid leave and whose employment terminates shall be compensated for such accrued paid leave at the hourly equivalent of the salary he/she was receiving at the time of termination. 704. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions except sworn Police Personnel, Fire personnel represented by the Firefighters Association, Marine Safety employees represented by the Ocean Lifeguard Association, 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 Holiday, 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 July 4 Labor Day 1st Monday in September Veterans'Day November 11 Thanksgiving Day 4th Thursday in November Friday following Thanksgiving Christmas Eve Last Half of Working Day Christmas December 25 New Year's Eve Last Half of Working Day New Year's Day January 1 Martin Luther King Day* 3rd Monday in January Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Floating Holiday For employee's birthday. Eligibility and use according to Memoranda of Understanding *Until such time as all employees are enrolled in the Paid Leave program, Martin Luther King Day will be considered to be a floating holiday. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on a Sunday, the following Monday will be observed instead. If Christmas Eve and New Year's Eve occurs on a Saturday or Sunday, the employee shall receive four hours of paid leave added to his/her accumulated total. When any other designated holiday occurs on a Saturday, the employee shall receive an additional eight (8) hours of paid leave added to his/her accumulated total. Disability Insurance Under the paid leave program the following rules will govern access to the disability insurance program: 1. Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one-third of available paid leave whichever is greater before opting to use the disability plan. 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Acccrued leave (sick or paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick or paid or combination) of 280 hours or more - 100% paid. Executed this `% day of , ,1990 NEWPORT BEACH EMPLOYEES LEAGUE by Vrgi by Dixie Gradowski bye Eileen Harrington CITY OF NEWPORT BEACH by Rob by Pr sident Duane K. Munson, Personnel Director APPROVED AS TO FORM: ity Attorney By 90-92 Mayor ATTEST: . City Clerk 17 EMPLOYEES ASSOCIATION NBCEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") 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 NBCEA (hereinafter referred to as "EMPLOYEES") for the 89-90 fiscal year. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected for the 89-90 fiscal year. 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, 1989, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: 89-90 ARTICLE 1 Salaries and Wages I • • Effective July 1, 1989, the City and NBCEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". These salaries reflect a total compensation increase of 4.5% and result in a general wage increase as applied of 4.69%. ARTICLE 2 PERS Pickup Effective June 25, 1983, CITY shall pay each "Miscellaneous Members" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE 3 Highest Year Retirement Benefit The City will modify its contract with PERS to allow best/highest year calculation. The City will pay the total cost of the highest year benefit for the life of this agreement. This benefit will be implemented as soon as all miscellaneous groups have agree to accept this benefit. ARTICLE 4 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 89-90 ARTICLE 5 Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. ARTICLE 6 Night Shift Differential Effective July 1, 1989, the differential shall be $.70 per hour. The night shift shall be paid to unit members for each hour worked for the City after 5:00 P.M. ARTICLE 7 Modification in Survey Benchmark The CITY and NBCEA have agreed to drop Library Assistant II and Library Clerk II from the weighted benchmark survey and substitute for it Duplicating Machine Operator and Library Clerk I for calculation of 88-89 survey rates. ARTICLE 8 Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 9 Retiree Medical Insurance Employee contribution applied to this benefit shall be 25%/$12.21 per month for the life of this agreement. The City may at its discretion absorb a portion of the dollar amount paid by retirees at no additional cost to unit members. 89-90 3 ARTICLE 10 Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. For the purpose of calculating, holidays occurring during the regular work week will count as time worked. Floating holidays (employee's birthday and the floating holiday converted from Columbus Day) are excluded from this provision. Floating Holidays may be carried over from year to year in the same manner as Vacation. ARTICLE 11 Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 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 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. Overtime Pay Calculations During Week Including Holiday(s) 89-90 4 For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. Floating holidays (employee birthday and Columbus Day off) are excluded from this provision. ARTICLE 12 Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 -1 years 4 hours per month 1 - 2 years 5 hours per month 2 - 3 years 6 hours per month 3 - 4 years 7 hours per month 4 + years 8 hours per month 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 After the 3rd year level, and 5 year level, employees will be required to maintain the same number of hours as required of other permanent employees. ARTICLE 13 Family Sick Leave Policy Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependent'. ARTICLE 14 Sick Leave Conversion Effective July 4, 1987, 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 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up 89-90 5 • to six (6) 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. ARTICLE 15 Retirement Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE 16 Tuition Reimbursement Effective July 4, 1987, the Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1987. The annual combination of UCI tuition and parking fees, as of Spring 1987, is $1,275.00, which will modify the City Reimbursement limits to be as follows: 89-90 $1,275.00 maximum per year $ 637.50 maximum per semester $ 427.33 maximum per quarter *Note: Tuition Reimbursement is calculated on a calendar year. ARTICLE 17 6 Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE 18 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. ARTICLE 19 Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other 89-90 7 discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer Resolution #7173. ARTICLE 20 Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementation, an employee is required to individually notify the awards committee of all of the service time. ARTICLE 21 Leave Policy The City and NBCEA agree to continuing discussion and refinement of the City's Leave Policy for consideration in 1990-91 collective bargaining. ARTICLE 22 Dependent Medical Insurance Premiums Effective July 1, 1989 the City agrees to cap its contribution to employee health care plans at $400.00 per month. This maximum contribution shall apply to all unit members regardless of their length of service. ARTICLE 23 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manger shall 89-90 8 direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. ARTICLE 24 Paraprofessional Job Classes Paraprofessional job classes could be created in some departments. As this issue requires review, the City and NBCEA agree to participate in a study. The goals of the study to be: the appropriateness of paraprofessional job classes in areas identified by NBCEA; establishment of job specifications and minimum requirements for entering such classes. Current City positions will be reviewed to identify jobs where experience may substitute for education. 89-90 9 Study committee to have at least two but not more than three NBCEA representatives and at least two but not more than three management representatives. No action shall be implemented without agreement of all committee members. ARTICLE 25 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. ARTICLE 26 Medical Advisory Committee The City shall meet with a medical advisory committee during the months of December, February, and April. The committee shall be composed of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include preparation and solicitation of bids and coverages consultation with the City's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 27 Labor -Management Committee Committees shall meet quarterly on an annual schedule; the program will be reviewed in July of 1990 for a mutual determination of continuation; 2 unit members shall participate in each meeting; names of participating unit members shall be announced to management no less than 5 work days before the scheduled meeting; cancellation for cause shall be rendered by the cancelling party no less than 48 hours prior to the scheduled meeting; cancelled meetings shall be rescheduled to take place within 5 working days of 89-90 10 the cancelled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. ARTICLE 28 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. ARTICLE 29 Release Time for NBCEA Officers Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in 89-90 11 collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. ARTICLE 30 Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot unreasonably deny such contact. ARTICLE 31 Permanent part -Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, prior to involuntary discipline. The City agrees that if NBCEA presents a practical method for part-timers dues check off during the life of this agreement, such check off will be made available to interested part-time employees. Membership in NBCEA by part- time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. 89-90 ARTICLE 32 Performance Evaluation 12 • • 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. Note changes and the reasons why. Review established job duties that were discussed with the employee and provided to him in writing at the beginning of the rating period. Review established performance standards for each job duty described above, which were also discussed with the employee and provided to him in writing at the outset of the rating period. List specific incidents or products that illustrate and support the formal ratings in each performance category. Prepare established job duties and performance standards for representation to the employee at the beginning of the next rating period. 2. COMPLETION OF THE RATING: Review all documentation and its relationship to job duties and performance standards. Assign ratings to each item on the form, basing them on factual information and upon objective of observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Resolve items in dispute in a factual manner. Condude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the raters Department head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his permanent personnel file. 5. RATING SCHEDULE: All employees will receive a performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. 89-90 13 • • 1 ARTICLE 33 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 34 Conclusiveness of Memorandum This MOU contains all 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 expressively 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. ARTICLE 35 Duration The terms of this MOU are to remain in full force and effect from the 1st day of July, 1989 to June 29, 1990 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 7173, either party serves written notice upon the other of its desire to make changes in this MOU. 89-90 ARTICLE 36 I Separability 1 14 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 89-90 15 Executed this `3v2-30' day of cc ' ,1989 NEWPORT BEACH EMPLOYEES LEAGUE by Katherine Armstrong by oCl • Dixie Gradowski by b Eileen Harrington CITY OF NEWPORT BEACH by by J Ro.�i►ixon Duane K. Munson APP''OVED AS TO FORM: ty Attorney 89-90 By Ala Mayor ATTEST: 16 • 6. The City agrees to post the accrual of sick and vacation leave biweekly, and to merge floating holidays into the vacation accrual system effective January 1 1990. 7. The City agrees to increase the night shift differential from $0.60 to $0.70 per hour. 8. The City agrees to establish a Medical -Advisory Committee to assist in the decision making processes involved in the design and maintenance of health and dental plans. 9. The City will modify its grievance procedures for the purpose of clarifying issues of grievability and defining limits of items which have legitimate access to step 4 of the grievance procedure. 10. The City will revise its performance evaluation system to more clearly define the specific roles of the employee and the various levels of supervision. Also, beginning January, 1990, all members of the NBCEA bargaining unit shall be given, at minimum, annual performance evaluations. 11. The City will work with the NBCEA to evaluate the potential for and establish paraprofessional job classifications whenever they are determined to be appropriate. 12. The City will develop policy language which clarifies and reinforces the City's practices related to promotional preference. 13. The City will allow for 40 hours release time per year for 3 designated officials of the NBCEA to work on association business. 14. The City will supply the NBCEA with data on new employees who are hired within the NBCEA unit for the purpose of membership solicitation. 15. The City and the NBCEA will explore ways to make associate membership and dues check off available to part time employees who work in conjunction with the NBCEA unit. 16. It is understood that the active employee's contribution to maintain the retiree's health care plan is based on 25% of the actual plan cost. For the life of this agreement that amount shall be $12.21 per month. 17. The City shall revoke, upon ratification of this agreement, the health care plan deductions made during June 1989. ASSOCIATION CLASSIFICATION 1989-90 EXHIBIT "A" CLASS CODE MONTHLY SALARY RANGE • ACCOUNTANT II 1-002 2460- 2991 ACCOUNT CLERK 1-003 1672- 2032 ACCOUNT CLERK, SR. 1-005 1797- 2185 ACCOUNTING SUPERVISOR 1-007 1992- 2421 ADMINISTRATIVE CLERK 1-009 1585- 1926 ASSISTANT BUYER 1-011 1992- 2421 BUILDING 'PERMIT CLERK 1-013 1437- 1747 BUYER 1-015 2596- 3155 COMPUTER OPERATOR 1-020 1843- 2240 DATA CONTROL CLERK 1-023 1843- 2240 • DATA ENTRY OPERATOR 1-025 1672- 2032 DUPLICATING MACHINE OPERATR 1-040 1680- 2042 DUPLICATING MACHINE OPR.,SR. 1-045 1760- 2140 N DUPLICATING/MAIL ROOM CLERK 1-046 1554- 1889 FIRE PREVENTION TECH. 1-047 1595- 1939 LEGAL ADMIN. CLERK 1-048 1797- 2185 LEGAL SECRETARY 1-049 2156- 2621 LEGISLATIVE RECORDS CLERK 1-050 1797- 2185 LIBRARIAN 1-052 2261- 2748 LIBRARIAN, SENIOR 1-054 2795- 3398 •LIBRARY ASSISTANT, SENIOR 1-055 2187-2658 LIBRARY AUTOMATION SPECIALIST 1-057 1935- 2352 LIBRARY BRANCH MANAGER 1-059 2542- 3090 LIBRARY CLERK I 1-062 1410- 1713 LIBRARY CLERK II 1-063 1594- 1937 • • • ASSOCIATION CLASSIFICATION 1989-90 • EXHIBIT "A" CLASS CODE MONTHLY SALARY RANGE LIBRARY CLERK, SENIOR 1-065 1755- 2134 LIBRARY CLERK IV (TERM) 1-070 1935- 2352 LIBRARY SUPPORT CLK 1-072 1755- 2134 LIBRARY SUPPORT CLK, SR. 1-074 1935- 2352 LICENSE INSPECTOR 1-080 2294- 2788 PAYROLL TECHNICIAN 1-097 1972- 2397 PERSONNEL CLERK 1-100 1713- 2083 RECREATION COORDINATOR 1-116 2136- 2596 RECREATION SUPERVISOR 1-120 2655- 3228 SECRETARY 1-123 1797- 2185 SECRETARY, EXECUTIVE 1-125 1928- 2343 SECRETARY, PLANNING COMMISSION 1-127 1928- 2343 SECRETARY TO FIRE CHIEF 1-130 1928- 2343 STOCK CLERK 1-150 1783- 2168 STOREKEEPER 1-155 1982- 2409 STOREKEEPER, SR. 1-160 2081- 2529 TRAFFIC ENGINEERING TECHNICIAN 1-170 2542- 3090 WATER BILLING SUPERVISOR 1-187 1972- 2397 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.70 PER HOUR NIGHT DIFFERENTIAL PAY. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND EMPLOYEES ASSOC. NBCEA (A) CODE 1 NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: 88-89 A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benifits and other terms and conditions of employment of employees represented by NBCEA (hereinafter referred to as "EMPLOYEES") for the 88-89 fiscal year. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 88-89 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this KOU, to the City Council of the City of Newport Beach for approval. -2- NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July, 2, 1988, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I PERS Pickup Effective June 25, 1983, CITY shall pay each "miscellaneous Member's" contributin to the Public employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Bereavement leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." 88-89 • • -3- ARTICLE IV Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. ARTICLE V Night Shift Differential Effective July 5, 1986, the night shift differential shall be increased from $.425 an hour to $.60 an hour. The night shift shall be paid to the members of the NBCEA for each hour worked for the City after 5:00 p.m. ARTICLE VI Modification in Survey Benchmark The CITY agrees to drop one (1) Library Assistant position from the weighted benchmark survey and substitute for it one (1) other representative position prior to the publication of the January 1987 Orange County Benchmark Servey. ARTICLE VII Vacation Accrual The CITY will maintain its current vacation accrual schedult, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. 88-89 -4- ARTICLE VIII Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. ARTICLE IX Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minumum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY encourages eligible employees to use their floating holidays annually prior to their use of any vacation time. 88-89 -5- For the purpose of calculating, holidays occuring during the regular workweek will count as time worked. Floating holidays (employee's birthday and the floating holiday converted from Columbus Day) are excluded from this provision. ARTICLE X Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 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 or sich 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. Overtime Pay Calculatins During Week Including Holiday(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. Floating holidays (employee birthday and Columbus Day off) are excluded from this privision. 88-89 -6- ARTICLE XI Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the follwing manner: 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 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 After the 3rd year level, and 5 year level, employees will be required to maintain the same number of hours as required of other permanment employees. ARTICLE XI Family Sick Leave Policy Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed form 'immediate family' to 'dependant'. 88-89 • • -7- ARTICLE XII Sick Leave Conversion Effective July 4, 1987, 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 that calendar year will be permitted (only once per year) to convert up to six (6) 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 verted to cash shall be at the employee's option. Eligible sick leave days converted to paid vaction shall required the approval of the Department Director. ARTICLE XIV Retirment Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. 88-89 -8- ARTICLE XV Tuition Reimbursement Effective July 4, 1987, the Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1987. The annual combnation of UCI tuition and parking fees, as of Spring 1987, is $1,275.00, which will modify the City Reimbursement limits to be as follows: $1,275.00 maximum per year $ 637.50 maximum per semester 427.33 maximum per quarter *Note: Tuition Reimbursement is calculated on a calendar year. ARTICLE XVII Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium ocst associated with the dependant coverage in accordance with their time in service to the City. The schedule is as follows: Employee plus two: 1st year $120; 2nd year $80, 3rd year $40. Employee plus one: 1st year $60; 2nd year $40, 3rd year $20. New employees enrolled in HMO's will be charged: Employee plus two: 1st year $60; 2nd year $40, 3rd year $20. Employee plus one: 1st year $30; 2nd year $20, 3rd year $10. 88-89 -9- ARTICLE XVII Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY'S Personnel director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE XVII Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. 88-89 -10- ARTICLE XIX Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or neglicgence shall be intitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the impoistion of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the oppotunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of Substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee -Employer' Resolution #7173. 88-89 -11- ARTICLE XX For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non-consecutive time will be considered as part of total service. Prior to system implementation, an employee is required to individually notify the awards committee of all of the service time. ARTICLE XXI The City agrees to meet with representatives of the employee groups and a spokesperson for the non -represented employees to discuss and conceptually formulate a proposal for a consistent leave policy for the City. ARTICLE XXII Other Terms and Conditions of Employment All other terms an conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. 88-89 • -12- ARTICLE XXII Conclusiveness of Memorandum This MOU contains all the convenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressively 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. ARTICLE XXII Duration The terms of this MOU are to remain in full force and effect from the 4th day of July, 198g, until the 1st day of July, 198.I, 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 7173, either party serves written notice upon the other of its desire to make changes in this MOU. 88-89 • • -13- ARTICLE XVII 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. • -14- Executed this a0 day of 198$ NEWPORT BEACH CITY EMPLOYEES ASSN by Do othy Pend F on by Kat rine Armstrong by Dixie radowski APPRD AS TO FORM: City Attorney CITY 1 WPORT BEACH by Duane . unson by John by Robert Dixon 411 • EXHIBIT "A" ASSOCIATION CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE ACCOUNTANT I 1-000 2030- 2468 ACCOUNT CLERK 1-003 1597- 1941 ACCOUNT CLERK, SR. 1-005 1717- 2087 ACCOUNTING SUPERVISOR 1-007 1903- 2313 ADMINISTRATIVE CLERK 1-009 1514- 1840 ASSISTANT BUYER 1-011 1903- 2313 BUYER 1-015 2480- 3014 COMPUTER OPERATOR 1-020 1760- 2140 LIBRARY AUTOMATION SPECIALIST 1-022 1848- 2247 DATA CONTROL CLERK 1-023 1760- 2140 DATA ENTRY OPERATOR 1-025 1597- 1941 DUPLICATING MACHINE OPERATR 1-040 1605- 1951 DUPLICATING MACHINE OPR.,SR. 1-045 1760- 2140 DUPLICATING/MAIL ROOM CLERK 1-046 1484- 1804 FIRE PREVENTION TECH. 1-047 1524- 1852 LEGAL ADMIN. CLERK 1-048 1717- 2087 LEGAL SECRETARY 1-049 2060- 2504 LEGISLATIVE RECORDS CLERK 1-050 1717- 2087 LIBRARY ASSISTANT 1-053 2038- 2477 LIBRARY ASSISTANT, SENIOR 1-055 2089- 2539 LIBRARY CLERK I 1-058 1346- 1637 LIBRARY CLERK II 1-060 1522- 1850 LIBRARY CLERK, SENIOR 1-065 1677- 2038 LIBRARY CLERK IV (TERM) 1-070 1848- 2247 LIBRARY SUPPORT CLK 1-072 1677- 2038 15 III • EXHIBIT "A" ASSOCIATION CLASSIFICATION CLASS CODE MONTHLY SALARY RANGE LIBRARY SUPPORT CLK, SR. 1-074 1848- 2247 1-080 2191- 2663 1-097 1884- 2290 1-100 1637- 1989 RECREATION COORDINATOR 1-116 2040- 2480 RECREATION SUPERVISOR 1-120 2536- 3083 SECRETARY 1-123 1717- 2087 SECRETARY, EXECUTIVE 1-125 1841- 2238 SECRETARY, PLANNING COMMISSION 1-127 1841- 2238 SECRETARY TO FIRE CHIEF 1-130 1841- 2238 STOCK CLERK 1-150 1703- 2070 STOREKEEPER 1-155 1893- 2301 STOREKEEPER, SR. 1-160 1987- 2416 WATER BILLING SUPERVISOR 1-187 1884- 2290 LICENSE INSPECTOR PAYROLL TECHNICIAN PERSONNEL CLERK EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.60 PER HOUR NIGHT DIFFERENTIAL PAY. ff. EIPIDYEES ASSOC. III NBCEA (A) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH CODE 1 AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") a recognized employee organization, met and conferred, exhanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBCEA (hereinafter referred to as "EMPLOYEES") for the 1987-88 fiscal year. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1987 - 88 fiscal year. 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 4, 1987, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 4 ,1987, CITY and NBCEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II PERS Pickup Effective June 25,1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.O%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY 1s paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Bereavement Leave Effective June 22, 1986, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." ARTICLE IV Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. ARTICLE V Night Shift Differential Effective July 5,1986, the night shift differential shall be increased from $.425 an hour to $.60 an hour. The night shift shall be paid to the members of the NBCEA for each hour worked for the City after 6:00 p.m. ARTICLE VI Modification in Survey Benchmark The CITY agrees to drop one (1) Library Assistant position from the weighted benchmark survey and substitute for it one (1) other representative position prior to the publication of the January 1987 Orange County Benchmark Survey. 3 ARTICLE VII Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE VIII Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. ARTICLE IX Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. Full-time, regular employees hired on or after July 6, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY encourages eligible employees to use their floating holidays annually prior to their use of any vacation time. y ARTICLE X Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for holiday pay: 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 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 con- secutive days. ARTICLE RI Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 year 1 - 2 years 2 - 3 years 3 - 4 years 4 ++ years 4 hours per month 6 hours per month 6 hours per month 7 hours per month 8 hours per month 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 After the 3rd year level, and 5 year level, employees will be required to maintain the same number of hours as required of other permanent employees. ARTICLE RI Family Sick Leave Policy Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependant'. 6 ARTICLE XII Sick Leave Conversion Effective July 4, 1987, 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 nix or leas days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) 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. ARTICLE XIV Retirement Option Effective July 4, 1987, employees may at their option elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration , the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. 7 ARTICLE XV Tuition Reimbursement Effective July 4, 1987, the Tuition Reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1987. The annual combination of UCI tuition and parking fees, as of Spring 1987, is $1,275.00, which will modify the City Reimbursement limits to be as follows: $1,275.00 maximum per year $ 637.60 maximum per semester $ 427.33 maximum per quarter "Note: Tuition Reimbursement is calculated on a calendar year. ARTICLE XVII Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependant coverage in accordance with their time in service to the City. The schedule is as follows: 1st year employee pays 100% 2nd year employee pays 66% 3rd year employee pays 33% 4th year, plus the employee will receive the same dependent health benefit percentage covered by the CITY as all full, time regular employees hired before 7/5/86. B ARTICLE XVII Administration of Health Maintenance Organization Contracts The NDCEA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE XVII Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 9 ARTICLE XIX Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The Notice shall also include the specific form of discipline intended, and the employee shall be offered the opporutnity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non -substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the 'Employee -Employer' Resolution #7173. /0 ARTICLE XX Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE XXI Conclusiveness of Memorandum This MOU contains all 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 expressively 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. // ARTICLE XXII Duration The terms of this MOO are to remain in full force and effect from the 4th day of July, 1987, until the 1st day of July, 1988, 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 MOO. ARTICLE XVII Separability Should any part of this MOB 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 MOO shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOD relating to pay schedule adjustment increases be declared invalid, CITY agrees to provide alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. /2. • • Executed this 2- day of NEWPORT BEACH CITY EMPLOYEES ASSN e 1 Nye Lisa Anich by by ' 1« c,LQ Katherine Armstrong / i Barbara Chunn ROVED AS'r FORM' City Attorney Robert Dixon ATTEST: City Clerk /3 • i 4 PAYROLL TECHNICIAN-ims DOCR r(1Et-) T k) I LL. Ec R.epcAceip 1-100 BY a 'wet") SALa&Y PROGRAM COORDINATORoatp NRNce ¶puou N&, 101 PROGRAMMER' ASSISTANT+hE IY`\ Y1ewA"I,D 102 0 f61G C(PtSSIhO-A11°- PURCHASING ASSISTANT d C6w`„ Sk_r(041-104 CLASS CODE ASSOCIATION CLASSIFICATION ACCOUNTANT EXHIBIT "A" ACCOUNTING CASHIER ACCOUNTING SUPERVISOR ACCOUNTS PAYABLE CLERK BUYER DATA CONTROL CLERK DATA ENTRY OPERATOR DUPLICATING MACHINE OPERATR I DUPLICATING MACHINE OPERATR II FIRE PREVENTION CLERK LEGAL SECRETARY LEGISLATIVE RECORDS CLERK LIE3RARY ASSISTANT LIBRARY CLERK I LIBRARY CLERK II LIBRARY CLERK III LIBRARY CLERK IV LICENSE CLERK LICENSE INSPECTOR PAYROLL CLERK I PERSONNEL CLERK 1-000 1-003 1-005 1-007 1-015 1-020 1-025 1-040 1-045 1-047 1-049 1-050 1-053 1-055 1-060 1-065 1-070 1-075 1-080 1-090 1-097 STuaY . (e, MONTHLY SALARY RANGE 1907- 2318 1529- 1858 1812- 2203 1644- 1998 2374- 2885 1605- 1951 1529- 1858 1536- 1867 1685- 2049 1459- 1773 1972- 2397 1644- 1998 1951- 2371 1289- 1567 1457- 1771 1605- 1951 1770- 2151 1529- 1858 2098- 2550 1529- 1858 1770- 2151 1567- 1904 1953- 2374 1529- 1858 1770- 2151 EXHIBIT "A" ASSOCIATION CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE PURCHASING CLERK 1-105 1529- 1858 RECREATION CLERK -TYPIST 1-115 1605- 1951 RECREATION SUPERVISOR 1-120 2428- 2952 SECRETARY 1-125 1763- 2143 SECRETARY TO FIRE CHIEF 1-130 1763- 2143 SENIOR DATA CONTROL CLERK 1-135 1685- 2049 STENO CLERK 1 1-140 1529- 1858 STENO CLERK II 1-145 1644- 1998 STOCK CLERK 1-15D 1631- 1982 STOREKEEPER I 1-155 1812- 2203 STOREKEEPER II 1-160 1903- 2313 TYPIST CLERK I 1-165 1289- 1567 TYPIST CLERK II 1-170 1421- 1727 TYPIST CLERK, LEGAL 1-171 1644- 1998 UTILITIES TECHNICIAN 1-175 1770- 2151 WATER BILLING CLERK. I 1-180 1529- 1858 WATER SECTION/FLOOR SUPERVISOR 1-187 1770- 2151 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.60 PER HOUR NIGHT DIFFERENTIAL PAY. ME•ANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH • C -2431 AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") a recognized employee organization, met and conferred, exhanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBCEA (hereinafter referred to as "EMPLOYEES") for the 1986-87 fiscal year. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1986 - 87 fiscal year. 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 5,1986, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 5,1986, CITY and NBCEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II PERS Pickup Effective June 25,1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." ARTICLE IV Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. ARTICLE V Night Shift Differential Effective July 5,1986, the night shift differential shall be increased from $.425 an hour to $.60 an hour. The night shift shall be paid to the members of the NBCEA for each hour worked for the City after 5:00 p.m. NBCEA members adversely affected by the establishment of the 5:00 p.m. eligibility point for night shift differential pay, will receive a one time lump sum payment of $125.00 provided they have been regularly scheduled to work the night shift for at least the last year. 3 ARTICLE VI Modification in Survey Benchmark The CITY agrees to drop one (1) Library Assistant position from the weighted benchmark survey and substitute for it one (1) other representative position prior to the publication of the January 1987 Orange County Benchmark Survey. ARTICLE VII Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE VIII Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. y ARTICLE IX Holidays Effective with the beginning of the 1986-1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the Fiscal Year. Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY encourages eligible employees to use their floating holidays annually prior to their use of any vacation time. ARTICLE X Sick Leave Full-time, regular emoployees hired on or after July 5, 1986, will accrue sick leave in the following manner: 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 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 After the 3rd year level, and 5 year level, employees will be required to maintain the same number of hours as required of other permanent employees. 6 ARTICLE XI Dependent Medical Insurance Premiums Full—time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependant coverage in accordance with their time in service to the City. The schedule is as follows: 1st year employee pays 100% 2nd year employee pays 66% 3rd year employee pays 33% 4th year plus — the employee will receive the same dependent health benefit percentage covered by the CITY as all full,time regular employees hired before 7/5/86. ARTICLE XII Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 7 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status, and allowed to submit a competitive bid at the same time as the others. ARTICLE XIII Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE XIV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. D • • ARTICLE XV Conclusiveness of Memorandum This MOU contains all 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 expressively 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. ARTICLE XVI Duration The terms of this MOU are to remain in full force and effect from the 5th day of July, 1986, until the 3rd day of July, 1987, 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. 9 • • ARTICLE XVII Separability Should any part of this MOU or any provision herein contained by 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this 9 day of j tal , 1986 NEWPORT BEACH CITY EMPLOYEES ASSN CITY OE-.NEWPORT BEAC by Ce�i Rub J✓<.by Eileen Harringng on` ua+e .0 .n by iitL: - by by APrFOVED AS TO FORM: ROBERT H. BURNHAM City Attorney Robert Robert'%i ar /0 410 • EXHIBIT "A" ASSOCIATION CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE ACCOUNTANT 1-000 1778-2161 ACCOUNTING CASHIER 1-003 1463-1778 ACCCUNTING SUPERVISCR 1-005 1734-2108 ACCOUNTS PAYABLE CLERK 1-007 1573-1912 ASSISTANT CITY CLERK 1-009 2019-2454 BUYER 1-015 2272-2761 DATA CONTROL CLERK 1-020 1536-1867 DATA ENTRY OPERATOR 1-025 1463-1778 DUPLICATING MACHINE CPERATR I 1-040 1470-1787 DUPLICATING MACHINE OPERATR II 1-045 1613-1960 LEGAL SECRETARY 1-049 1887-2294 LEGISLATIVE RECORDS CLERK 1-050 1573-1912 LIBRARY ASSISTANT 1-053 1867-2269 LIBRARY CLERK I 1-055 1234-1499 LIBRARY CLERK II 1-060 1395-1695 LIBRARY CLERK III 1-065 1536-1667 LIBRARY CLERK IV 1-070 1693-2058 LICENSE CLERK 1-075 1463-1778 LICENSE INSPECTOR 1-080 2007-2440 PAYROLL CLERK I 1-090 1463-1778 PAYROLL TECHNICIAN 1-097 1693-2058 PERSONNEL CLERK 1-100 1499-1822 PROGRAM COORDINATOR 1-1C1 1869-2272 PROGRAMMER ASSISTANT 1-102 1463-1778 PURCHASING ASSISTANT 1-104 1693-2058 // • EXHIBIT ".4" • ASSCCIATION CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE PURCHASING CLERK 1-105 1463-1778 RECREATION CLERK -TYPIST 1-115 1536-1867 RECREATION SUPERVISOR 1-120 2324-2824 SECRETARY 1-125 1687-2050 SECRETARY TC FIRE CHIEF 1-130 1687-2050 SENIOR CATA CONTROL CLERK 1-135 1613-1960 STENO CLERK I 1-140 1463-1778 STENO CLERK II 1-145 1573-1912 STOCK CLERK 1-150 1561-1897 STOREKEEPER I 1-155 1734-2108 STOREKEEPER II 1-160 1821-2213 TYPIST CLERK I 1-165 1234-1499 TYPIST CLERK II 1-170 1360-1653 TYPIST CLERK, LEGAL 1-171 1573-1912 UTILITIES TECHNICIAN 1-175 1693-2058 WATER BILLING CLERK I 1-180 1463-1778 WATER SECTICN/FLOOR SUPERVISOR 1-187 1693-2058 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE S 0.60 PER HOUR NIGHT DIFFERENTIAL PAY c -20s1 MEMORANDUM OF UNDERSTANDING Y,. BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") a recognized employee organization, met and conferred, exhanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBCEA (hereinafter referred to as "EMPLOYEES") for the 1985-86 fiscal year. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1985 - 86 fiscal year. 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 NOW, THEREFORE IPhis MOU is made and "Fred into by the parties hereto effective June 22, 1985, subject to ratification by the membership of the NBCEA and subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 22, 1985, CITY and NBCEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II PERS Pickup Effective June 25,1983, CITY shall pay each "Miscellaneous Member's" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to do so, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. N . ARTICLE III • Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family." ARTICLE IV Vision Care Effective July 1, 1985, limited vision care coverage shall be added to the City's Indemnity Insurance Policy. ARTICLE V Night Shift Differential Effective June 22, 1985, the night shift differential shall be increased from $.375 an hour to $.425 an hour. • ARTICLE VI • Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE VII Conclusiveness of Memorandum This MOU contains all 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 expressively 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. . ARTICLE VIII i Duration The terms of this MOU are to remain in full force and effect from the 22nd day of June, 1985, until the kth day of July, 1986, 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. ARTICLE IX Separability Should any part of this MOU or any provision herein contained by 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 alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. • Executed this - • j Cf > - day of- A JROV D AS TO FO ROBERT H. BURNHAM CITY ATTORNEY - , 1985 NEWPORT BEACH CITY EMPLOYEES ASSN by - N ci0A%r4 Eileen Harrington CITY OF NEWPORT BEACH by by by uane •unson APPENDIX "A" ASSOCIATION CLASSIFICATION CLASS CODE MONTHLY SALARY RANGE ACCOUNTING CASHIER 1-000 1352-1643 ACCOUNTING SUPERVISOR 1-005 1603-1948 ACCOUNTS PAYABLE CLERK 1-007 1454-1767 ASSISTANT CITY CLERK 1-010 1866-2268 BUYER 1-015 2099-2552 DATA CONTROL CLERK 1-020 1420-1725 DATA ENTRY OPERATOR 1-325 1352-1643 DISPATCHER CLERK 1-035 1315-1598 DUPLICATING MACHINE OPERATR I 1-040 1359-1652 DUPLICATING MACHINE OPERATR II 1-045 1491-1812 JUNIOR ACCOUNTANT 1-048 1565-1902 LIBRARY ASSISTANT 1-050 1725-2097 LIBRARY CLERK I 1-055 1140-1386 LIBRARY CLERK II 1-060 1289-1567 LIBRARY CLERK III 1-065 1420-1725 LIBRARY CLERK IV 1-070 1565-1902 LICENSE CLERK 1-075 1352-1643 LICENSE INSPECTOR 1-080 1855-2255 PAYROLL CLERK I 1-090 1352-1643 PAYROLL TECHNICIAN 1-097 1565-1902 PERSONNEL CLERK PROGRAMMER ASSISTANT PURCHASING CLERK I PURCHASING ASSISTANT RECREATION CLERK -TYPIST 1-100 1386-1684 1-102 1352-1643 1-105 1352-1643 1-112 1565-1902 1-115 1420-1725 • APPENDIX "A" ASSOCIATION CLASSIFICATION RECREATION SUPERVISOR CLASS CODE MONTHLY SALARY RANGE 1-120 2148-2610 SECRETARY 1-125 1559-1895 SECRETARY TO FIRE CHIEF 1-130 1559-1895 SENIOR DATA CONTROL CLERK 1-135 1491-1812 STENO CLERK I 1-140 1352-1643 STENO CLERK II 1-145 1454-1767 STOCK CLERK 1-150 1442-1753 STOREKEEPER I 1-155 1603-1948 STOREKEEPER II 1-160 1683-2045 TYPIST CLERK 1 1-165 1140-1386 TYPIST CLERK II 1-170 1257-1528 UTILITIES CLERK 1-175 1421-1727 WATER BILLING CLERK I 1-180 1352-1643 WATER SECTION/FLOOR SUPERVISOR 1-187 1565-1902 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ J.425 PER HOUR NIGHT DIFFERENTIAL PAY. 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as 'MOU') is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized repre- sentatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIA- TION (hereinafter referred to as "NBCEA") a recognized employee organization , met and conferred, exchanging various proposals concerning the issues of modifying the current Health Insurance Plan and providing a Retiree Health Insurance Plan for employees represented by NBCEA (hereinafter referred to as "EMPLOYEES") for the 1984-85 fiscal year. B. NBCEA representatives have reached an agreement as to the issues of modifying the current Health Insurance Plan and providing a Retiree Health Insurance Plan to apply to all affected EMPLOYEES for the 1984-85 fiscal year. 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 December 10, 1984, subject to approval by City Council of the City of Newport Beach, as follows: ARTICLE I Retiree Health Plan Refer to Appendix A. • ARTICLE II Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the affected date of the MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE III Conclusiveness of Memorandum This MOU contains all 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 meet and confer with the other, concerning any issues within the scope of representation, whether or not speci- fically 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. ARTICLE IV Duration The terms of this MOU are to remain in full force and effect from the loth day of December 1984, until the the 21st day of June 1985, 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. (see next page for signatures) 3 • • EXECUTED THIS da CITY OF NEWPORT BEACH Personnel Direc or' by Lore Citt/ by John City o Mote DAY OF -30z-disC4._ 41 , 1984. NEWPORT BEACH CITY EMPLOYEES ASSOCIATION by by epr entati3 Burkhart, Assistant Representative • AP'7(OVED AS TO FORM: Robert Fl. Burnam, City Attorney City of Newport Beach Representative Representative o� to the Finance Director 9 Appendix A • 1. Effective July 1, 1985, the City and NBCEA agree to provide a Retiree Health Insurance Plan through the City's indemnity health plan carrier. Both parties agree to amend the indemnity health plan contract to include a separate retiree plan. 2. The Retiree Plan will be combined with the Active Employee Plan and claims experience will determine the appropriate monthly premiums for both the Retiree and Active Employee Plans. 3. The Retiree Plan will be the same as the Active Plan except for the following: A. The Major Medical Benefits shall be as follows: 1 1) Lifetime Maximum Benefits $500,000 2) Deductible (calendar year) $200 (Fam:$600) 3) 80% of first $5,000 - 100% thereafter (calendar year) 4) Psychiatric, Inpatient: 60 days per 24 months 5) 100% coverage, no deductible, for: • • a) ambulatory surgery, per Exhibit "A" b) second surgical opinion, per Exhibit "B" c) X-ray and laboratory testing on out -patient basis priorto hospitalization for elective surgery. 6) Benefits will be paid on a 'carve -out' basis when combined with other group insurance or Medicare. This means that benefits are paid up to the maximum coverage (80%) under this plan including those payments the Retiree receive from any other plan. B. Dental, Life and basic medical coverage will not be provided. 4. Retiree Plan Monthly Premium: A. The initial monthly premiums to provide this Plan shall be as follows: 1) Retiree only - $92.00 2) Retiree & Dependents(s) - $184.00 B. The Retiree Contribution shall be fifty (50) percent of the monthly premium. 5- 5. Active Employee/City Contribution: A. Each active employee shall pay $7.33 a month as their contribution to the Retiree Health Plan. This contribution is equivalent to twenty-five (25) percent of the total retiree health insurance premiums. B. The City shall pay $7.33 a month for each active employee as the City's contribution to the Retiree Health Plan. This contribution is equivalent to twenty-five (25) percent of the total retiree health insurance premiums. C. The active employee and city contribution may be adjusted effective July 1, 1985, under the following circumstances: 1) Once the number of participating retirees is determined, and 2) Should the monthly premium for the Retiree and Retiree & Dependent categories be adjusted. D. Effective July 1 of each subsequent fiscal year, the Active employee and City Contribution shall be adjusted when the monthly premium and number of participants are determined. 6. Retiree Plan Conditions: A. Applicable to current employees: 1) Employees who retire on or after May 1, 1985, must meet the following eligibility requirements: a) Must have completed at least ten (10) years of continuous full-time city service on the date of retirement, and b) Must have been awarded a retirement from the Public Employees Retirement System; and c) Retired from the City of Newport Beach. P.E.R.S. retirement benefits must commence no later than the first day of the month following the date of separation from City service. 2) Employees and enrolled dependents must enroll in the Retirees Health Plan forty-five (45) days prior to the retirement date. b • • • • B`. Applicable to Current Retirees: Current retired employees must meet the following eligibility requirements: 1) Must have completed at least ten (10) years of continuous full-time City service on the date of retirement; and 2) Must have been awarded a retirement from the Public Employees Retirement System; and 3) Must have retired from the City of Newport Beach. P.E.R.S. retirement benefits must have commenced no later than the first day of the month following the date of separation from City service. 4) Must enroll in the Plan by May 1, 1985. Failure to. enroll by this date will result in the retiree not being eligible to participate in the Retiree Plan thereafter. C. Applicable to both current Employees and Retirees: 1) Upon the death of the Retiree, health insurance coverage for surviving enrolled spouse and/or dependents shall be terminated. Spouses and/or eligible dependents will be eligible for medical conversion coverage. 2) Coverage will be cancelled: a) Upon written request of the Retiree b) When the Retiree is more than 30 days in arrears in payment of monthly premiums, and only after proper notice has been given to the delinquent subscriber. c) Reinstatement of coverage shall not be allowed if the coverage has been cancelled. 3) Retirees and dependents who reach age 65, and are eligible for Part A Medicare coverage , must enroll in both Part A and Part B Medicare coverage. 4) While the City intends that this Retiree Health Insurance Plan shall be permanent, the City does reserve the right to modify or to terminate this Plan in the future should circumstances require such. In the event the Plan is terminated, enrolled subscriber and dependents shall be eli- gible for medical conversion coverage. 7 EXHIBIT "A" • • FOCUSED AMBULATORY SURGERY LIST o Arthroscopy - o Breast Biopsy - o Cataract Extraction - o Cystoscopy - Examination and/or repair of the knee joint via the insertion of a scope. Removal of a smallportion of breast tissue or "lump" for diagnosis. Removal of the lens from the eye. A bladder examination using a scope. Dilation & Curettage - Expansion of the ostium uterus so that the uterine wall can be scraped. o Hemorrhoidectomy - • o Herniorrhaphy - o Meniscectomy - o Tonsillectomy and/or Adenoidectomy o Tubal Ligation - Removal of dilated veins from the rectal -anal area. Repair of weakness in the abdominal wall. Repair and/or removal of torn knee cartilage. Removal of diseased tonsils and/or adenoids. Female sterilization. 8 • • LAfl1011 • FOCUSED SECOND SURGICAL OPINION LIST o Hysterectomy o Dilation & Curettage (D&C) o Tonsillectomy end/or Adenoidectomy o Gall Bladder Surgery o Knee Surgery o Back or Disc Surgery o Varicose Vein Surgery o Heart Bypass Surgery o Heart Catheterization o Hernia Surgery o Mastectomy o Prostatectomy q • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") a recognized employee organ- ization, met and conferred, exchanging various proposals concern- ing wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBCEA (hereinafter referred to as "EMPLOYEES") for the 1983-84 fiscal year. • • B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1983-84 fiscal year. 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 June 25, 1983, subject to ratification by the membership of the NBCE Association and subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 25, 1983, CITY and NBCEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". 2 • • ARTICLE II PERS Pickup Effective June 25, 1983, CITY shall pay each "Miscellaneous Members'" contribution to the Public Employees Retirement System (PERS) not to exceed seven percent (7.0%) of the compensation base upon which retirement contributions are calculated. NBCEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to so do, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Bereavement Leave Effective June 25, 1983, CITY shall amend the provision of the Bereavement Leave Program currently applicable to affected "EMPLOYEES" to cause the program to be applicable upon the death of any of the following relations of EMPLOYEES' spouse; in addition to those benefits currently available: Mother, Father, Brother, Sister 3 ARTICLE IV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effec- tive date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE V Conclusiveness of Memorandum This MOU contains all 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 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 4 • • this MOU and not set forth herein. ARTICLE VI Duration The terms of this MOU are to remain in full force and effect from the 25th day of June, 1983, until the 22nd day of June, 1984, 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. ARTICLE VII 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; provid- ed, however, that should the provisions of this MOU relating to 5 pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this 192%14 day of , 1983. NEWPORT ACH CITY EMPLOYEES ASSOCIATIOOON By��c�( B Mel Koehn NB Represen ative Irene Butler NB A Rep esenta iv BY ArL,// Barbara Allen NBCEA Representative CITY NEWPORT BEACH By By: Jo Bur h.rt Assistant to Finance Director City Representative APPROVED AS T H. Burnham City Attorney City of Newport Beach 6 EMPLOYEES ASSOCIATION APPENDIX "A" CLASSIFICATION APPROXIMATE SALARY RANGE MON. SALARY Accounting Cashier 47.033-51.033 $1185 - 1440 Accounting Supervisor 51.007-55.007 1404 - 1706 Audit Clerk 49.008-53.008 1275 - 1549 Buyer 56.034-60.034 1840 - 2236 Data Control Clerk 48.033-52.033 1244 - 1512 Data Entry Operator 47.033-51.033 1185 - 1440 Deputy City Clerk 52.034-56.034 1514 - 1840 Dispatcher Clerk 47.004-51.004 1152 - 1400 Duplicating Machine Operator I 47.038-51.038 1191 - 1447 Duplicating Machine Operator II 49.033-53.033 1306 - 1588 Legal Secretary 53.008-57.008 1549 - 1883 Library Assistant 52.033-56.033 1512 - 1838 Library Clerk I 44.008-48.008 999 - 1214 Library Clerk II 46.034-50.034 1130 - 1373 Library Clerk III 48.033-52.033 1244 - 1512 Library Clerk IV 50.033-54.033 1372 - 1667 License Clerk 47.033-51.033 1185 - 1440 License Inspector 54.007-58.007 1625 - 1975 Payroll Clerk I 47.033-51.033 1185 - 1440 Payroll Clerk II 49.008-53.008 1275 - 1549 Personnel Clerk 48.008-52.008 1214 - 1476 Purchasing Clerk I 47.033-51.033 1185 - 1440 Purchasing Clerk II 49.007-53.007 1273 - 1548 Recreation CLerk-Typist 48.033-52.033 1244 - 1512 Recreation Supervisor 57.007-61.007 1881 - 2287 Secretary 50.029-54.029 1366 - 1661 Secretary to Fire Chief 50.029-54.029 1366 - 1661 Senior Data Control Clerk 49.033-53.033 1306 - 1558 Steno -Clerk I 47.033-51.033 1185 - 1440 Steno -Clerk II 49.007-53.007 1273 - 1548 Stock Clerk 43.049-52.049 1263 - 1536 Storekeeper I 51.007-55.007 1404 - 1706 Storekeeper II 52.007-56.007 1474 - 1792 7 • • EMPLOYEES ASSOCIATION Page Two APPROXIMATE CLASSIFICATION SALARY RANGE MON. SALARY Typist Clerk I 44.008-48.008 $ 999 - 1214 Typist Clerk II 46.008-50.008 1101 - 1338 Utilities Clerk 48.034-52.034 1245 - 1514 Water Billing Clerk I 47.033-51.033 1185 - 1440 Water Billing Clerk II 49.008-53.008 1275 - 1549 ************* • f a- a-059 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (hereinafter referred to as "NBCEA") 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 NBCEA (here- inafter referred to as "EMPLOYEES") for the 1982-83 fiscal year. B. NBCEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1982-83 fiscal year. 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, effective July 1, 1982, upon approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1982, City and NBCEA agree that the salaries in each classification will be increased and that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". 2 ARTICLE II PERS Pickup Effective July 1, 1981, City shall pay one-half of each EMPLOYEES' "miscellaneous member" contribution to the Public Employees' Retirement System (PERS). NBCEA acknowledges that City is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBCEA to so do, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. ARTICLE III Health Insurance Premium The City and NBCEA agree that in an effort to reach an agreement for Fiscal Year '82 - '83, a 55% Health and Dental premium increase will be utilized for the purpose of determining a proportionate salary increase. The City and NBCEA further agree that effective January 1, 1983, the salaries of classifications listed in Appendix "A" will be adjusted upward or downward depending upon the final premium established for the Indemnity Health and Dental Plan for Fiscal Year '82 - '83. 3 ARTICLE IV Family Sick Leave Effective July 1, 1982, the City agrees to amend the provisions of the sick leave program currently applicable to affected "EMPLOYEES" to provide authorization to use one (1) eight (8) hour day of accrued sick leave per calendar year for an illness of a spouse, son or daughter which requires the presence of the employee. ARTICLE V Tuition Reimbursement Effective July 1, 1982, the City shall amend the applic- able provision of the Tuition Reimbursement Program as follows: Reimbursement is limited to $450.00 per semester or $300.00 per quarter. The maximum reimbursement is $900.00 per fiscal year. ARTICLE VI Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existance immediately prior to the effective date of this MOU shall remain unchanged and in full 4 force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE VII Conclusiveness of Memorandum This MOU contains all 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 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. ARTICLE VIII Duration The terms of this MOU are to remain in full force and effect from the 1st day of July, 1982, util the 24th day of 5 June, 1983, 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. ARTICLE IX 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 relat- ing to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBCEA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 6 Executed this 1Si day of (lql , 1982. CITY OF NEWPORT BEACH NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By yL nzo Ma 19 l`` h11 By Ka herine Armstrong Personnel Director NBCEA Representative City Representative ty Con,'. el NBCEA Representative By Barbar Chunn NBCEA Representative eorge P pas Finance rector City Rep sentative APPROVED AS TO FORM: /✓ Ci y At orney EMPLOYEES ASSOCIATO APPENDIX "A" • CLASSIFICATION APPROXIMATE SALARY RANGE MON. SALARY ACCOUNTING CASHIER 47.004-51.004 1152-1400 ACCOUNTING SUPERVISOR 50.028-54.028 1365-1659 AUDIT CLERK 48.029-52.029 1239-1506 BUYER 56.005-60.005 1788-2174 DATA CONTROL CLERK 48.004-52.004 1209-1470 DATA ENTRY OPERATOR 47.004-51.004 1152-1400 DEPUTY CITY CLERK 52.005-56.005 1471-1788 DISPATCHER CLERK 46.025-50.025 1120-1361 DUPLICATING MACHINE OPERATOR I 47.009-51.009 1157-1407 DUPLICATING MACHINE OPERATOR II 49.004-53.004 1270-1543 LEGAL SECRETARY 52.029-56.029 1506-1831 LIBRARY ASSISTANT 52.004-56.004 1470-1786 LIBRARY CLERK I 43.029-47.029 971-1180 LIBRARY CLERK II 46.005-50.005 1098-1334 LIBRARY CLERK III 48.004-52.004 1209-1470 LIBRARY CLERK IV 50.004-54.004 1333-1620 LICENSE INSPECTOR 53.028-57.028 1580-1921 PAYROLL CLERK I 47.004-51.004 1152-1400 PAYROLL CLERK II 48.029-52.029 1239-1506 PERSONNEL CLERK 47.029-51.029 1180-1435 PURCHASING CLERK I 47.004-51.004 1152-1400 PURCHASING CLERK II 48.028-52.028 1238-1505 RECREATION CLERK -TYPIST 48.004-52.004 1209-1470 RECREATION SUPERVISOR 56.028-60.028 1829-2223 SECRETARY 50.000-54.000 1328-1614 SECRETARY TO FIRE CHIEF 50.000-54.000 1328-1614 SENIOR DATA CONTROL CLERK 49.004-53.004 1270-1543 STENO -CLERK I 47.004-51.004 1152-1400 STENO -CLERK II 48.028-52.028 1238-1505 STOCK CLERK 48.020-52.020 1228-1493 STOREKEEPER I 50.028-54.028 1365-1659 STOREKEEPER II 51.028-55.028 1433-1742 7/1/82 • -2- • CLASSIFICATION TYPIST CLERK I TYPIST CLERK II UTILITIES CLERK WATER BILLING CLERK I WATER BILLING CLERK II APPROXIMATE SALARY RANGE MON. SALARY 43.029-47.029 971-1180 45.029-49.029 1071-1301 48.005-52.005 1210-1471 47.004-51.004 1152-1400 48.029-52.029 1239-1506 7/1/82 CITY OF NEWPORT BEACH 411 Personnel Office Aug. 5, 1981 TO: CITY CLERK FROM: Lorenzo Mota, Personnel Director SUBJECT: NEWPORT BEACH CITY EMPLOYEES ASSOCIATION M.O.U. - FISCAL YEAR 1981-82 REFERENCE TO EMPLOYEE P.E.R.S. CONTRIBUTION RATE During the meet and confer process with Newport Beach City Employees Association, the City offered a 13.5% increase. During the negotiation process, the employee representatives requested that the City pay the entire employee P.E.R.S. contri- bution rate. The City subsequently agreed to pay one-half (3.5%) of the employees P.E.R.S. contribution rate. The one-half payment of the rate was in lieu of a corresponding salary increase. • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly pro- posed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classifications set forth in Appendix "A". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and NBCEA. NBCEA agrees to recommend acceptance 'by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all terms and conditions of employment as set forth herein be incorporated in full in a resolution of -the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative and Clerical unit, and agrees to meet and confer and otherwise deal exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. NBCEA agrees not appear before the any matter within the that during the City Council or life of this Memorandum it will any other legislative body on scope of the meet and confer process unless re- quired under a subpoena, or by law, or by agreement with NEWPORT BEACH. -1- 401, ARTICLE II • • • Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof, to be effective July 1, 1981. ARTICLE III Retirement To the extent permitted by Federal and State law and the City Charter, NEWPORT BEACH shall have the right to provide a retirement plan for its employees. The plan may provide different benefits than those available to existing employees at a lower cost to NEWPORT BEACH, if said benefits apply uni- formly with respect to all members within specified classifica- tions and if such changes are applicable only to new members, as specified, of such classifications. Effective July 1, 1981, the City agrees to pay one-half (3.5%) of each "Miscellaneous Member" PERS Contribution Rate to the Public Employees Retirement System (PERS). Newport Beach and NBCEA agree that the payment by Newport Beach of one-half of each "Miscellaneous Member" PEPS Contribution Rate is in response to a specific request by NBCEA to do so. Newport Beach and NBCEA further agree that the payment of one-half of the PERS contribution is of greater economic benefit to the employees represented by NBCEA than a comparable increase in salary. -2- • • • ARTICLE IV Medical NEWPORT BEACH agrees to increase the Prudential Health Insurance Major Medical maximum coverage benefit from Two Hundred and Fifty Thousand Dollars ($250,000) to unlimited. ARTICLE V Dues Check -Off NEWPORT BEACH agrees to a check -off for payment of the regular monthly NBCEA dues and to deduct such payments from the wages of all NBCEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBCEA in accordance with the terms of sign authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBCEA shall constitute payment of said dues by such members and employees of NBCEA. -3- ARTICLE VI Continuation of Existing Benefits All employees in the classifications represented by NBCEA shall be covered by the terms and conditions and receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of NEWPORT BEACH as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of NEWPORT BEACH will not recommend any revision or modification to such conditions or benefits which apply to employees represented by NBCEA without first consulting on such recommendations with NBCEA. ARTICLE VII Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 Memorandum and not set forth herein. ARTICLE VIII Duration The terms of this Memorandum are to remain in full force and effect from July 1, 1981, until the 30th day of June, 1982, 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 party of its desire to make changes in this Memorandum. -4- ARTICLE IX Severability Should any part of this Memorandum of any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE X Non -Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimi- nation by either party or by any of their agents against any employee because of his or her membership or non -membership in the NBCEA, or because of his or her race, creed, color, national origin, religious belief, political affiliation, sex or age. EXECUTED this 004We-day of Beach, California. CITY OF NEWPORT BEACH By N • MA C= so el Director CitRepresenta Finance •irector City Representative , 1981, at Newport NEWPORT : A' H CITY EMPLO •- 'T ON By APPROVED AS TO FORM: By ROBERT H. BURNHAM Assistant City Attorney • -5- SETT CONNELL Re• esentative KATHERINE ARMSTRONG Representative - a 4111 • • • APPENDIX "A" Classification Salary Range Approx. Mo. Salary Accounting Cashier 45.026 - 49.026 1,067 - 1,297 Accounting Supervisor 49.001 - 53.001 1,266 - 1,539 Audit Clerk 47.002 - 51.002 1,149 - 1,397 Data Control Clerk 46.026 - 50.026 1,121 - 1,362 Data Entry Operator 45.026 - 49.026 1,067 - 1,297 Deputy City Clerk 50.027 - 54.027 1,364 - 1,658 Dispatcher Clerk 44.048 - 48.048 1,038 - 1.262 Duplicating Machine Operator I 45.031 - 49.031 1,073 - 1,304 Duplicating Machine Operator II 47.026 - 51.026 1,177 - 1,430 Legal Secretary 51.002 - 55.002 1,397 - 1,698 Library Assistant 50.026 - 54.026 1,362 - 1,656 Library Clerk I 42.002 - 46.002 900 - 1,095 Library Clerk II 44.027 - 48.027 1,018 - 1,237 Library Clerk III 46.026 - 50,026 1,121 - 1,362 Library Clerk IV 48.026 - 52.026 1,236 - 1,502 License Inspector 52.001 - 56.001 1,465 - 1,781 Payroll Clerk I 45.026 - 49.026 1,067 - 1,297 Payroll Clerk II 47.002 - 51.002 1,149 - 1,397 Personnel Clerk 46.002 - 50.002 1,095 - 1,330 Purchasing Clerk I 45.026 - 49.026 1,067 - 1,297 Purchasing Clerk II 47.001 - 51.001 1,148 - 1,396 Recreation Clerk -Typist 46.026 - 50.026 1,121 - 1,362 Recreation Supervisor 55.001 - 59.001 1,696 - 2,062 Secretary 48.022 - 52.022 1,231 - 1,496 Secretary to the Fire Chief 48.022 - 52.022 1,231 - 1,496 Senior Storekeeper - Buyer 53.027 - 57.027 Steno Clerk I 45.026 - 49.026 Steno Clerk II 47.001 - 51.001 Stock Clerk 46.043 - 50.043 Storekeeper I 49.001 - 53.001 Storekeeper II 50.001 - 54.001 1,579 - 1,919 1,067 - 1,297 1,148 - 1,396 1,139 - 1,385 1,266 - 1,539 1,329 - 1,616 7 APPENDIX "A" (40116ED) NBCEA a • • • Typist Clerk I 42.002 - 46.002 Typist Clerk II 44.002 - 48.002 Utilities Clerk 45.027 - 49.027 Water Billing Clerk I 45.026 - 49.026 Water Billing Clerk II 47.002 - 51.002 900 - 1,095 993 - 1,207 1,068 - 1,299 1,067 - 1,297 1,149 - 1,397 • • 070980 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classi- fications set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and NBCEA. NBCEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. \ °' So - 19S1 • ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certifica- tion of NBCEA as the recognized employee organization for the employees in the Administrative and Clerical unit, and agrees to meet and confer and otherwise deal exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legis- lative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix It A ul attached to this Memorandum and by this reference made a part hereof, to be effective July 1, 1980. In addition, for the following classifications only, a two and five/tenths percent (2.5%) salary increase will be implemented on January 1, 1981: -2- (1) Audit Clerk; (2) Deputy City Clerk; (3) Legal Secretary; (4) Library Clerk I; (5) Library Clerk II; (6) Library Clerk III; (7) Payroll Clerk II; (8) Recreation Coordinator; (9) Secretary; (10) Secretary to the Fire Chief; (11) Senior Storekeeper -Buyer; (12) Typist Clerk I; (13) Typist Clerk II; (14) Utility Clerk; and (15) Water Billing Clerk II. In addition, for the following classification only, a five percent (5%) salaryincrease will be implemented on January 1, 1981: Duplicating Machine Operator II. / / / -3- ARTICLE III Night Shift Differential NEWPORT BEACH agrees to pay $.375 per hour night shift differential for employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 8:00 a.m. Overtime worked as an exten- sion of an assigned day shift shall not qualify an employee for night shift differential. ARTICLE IV Holidays Effective July 1, 1980, NEWPORT BEACH agrees to provide the following holidays: (1) Friday, December 26, 1980; (2) Friday, January 2, 1981. In return, each NBCEA employee will work a full eight -hour day on December 24, 1980, and December 31, 1980. This provision shall be in effect for one year only. The Veterans' Day holiday shall be celebrated on November 11, 1980. -4- NBCEA agrees that members scheduled to work four days a week, ten hours a day, will, when a holiday occurs during a work week, work 32 hours during said work week. ARTICLE V Retirement To the extent permitted by federal and state law and the City Charter, NEWPORT BEACH shall have the right to provide a retirement plan for its employees. The plan may provide different benefits than those available to existing employees at a lower cost to NEWPORT BEACH, if said benefits apply uniformly with respect to all members within specified classifications and if such changes are applicable only to new members, as specified, of such classifications. ARTICLE VI Medical NEWPORT BEACH agrees to increase the maximum annual dental benefit from Five Hundred Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) (basic and major). -5- NEWPORT BEACH agrees to meet and confer with NBCEA representatives in a timely manner regarding the selection of an optional membership in a qualified health maintenance organization. ARTICLE VII Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBCEA dues and to deduct such payments from the wages of all NBCEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBCEA in accordance with the terms of sign authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBCEA shall constitute payment of said dues by such members and employees of NBCEA. ARTICLE VIII Continuation of Existing Benefits All employees in the classifications represented by NBCEA shall be covered by the terms and conditions and receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees -6- of NEWPORT BEACH as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representatives of NEWPORT BEACH will not recommend any revision or modification to such conditions or benefits which apply to employees repre- sented by NBCEA without first consulting on such recommenda- tions with NBCEA. ARTICLE IX Conclusiveness of Agreement This Memorandum contains all the covenants, stipula- tions and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 Memorandum and not set forth herein. ARTICLE X Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1981, and there- after from year to year unless within the time frame and in the -7- manner designated in Section 13, Timetable for Submission of Requests, of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect retroactively as of the first day of July, 1980. ARTICLE XI Separability Should any part of this Memorandum of any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. / / / / / / / / / -8- ARTICLE XII Non -Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or nonmember- ship in the NBCEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex or age. EXECUTED this 21st day of at Newport Beach, California. CITY OF NEWPORT BEACH By 2-!/C j-nt- WAYN A. SCHWAMMEL Personnel„Di-r •resentative EORGE SPAS Finance ' ector/ City Representative APPROVED AS TO FORM: ROBERT H.'$URNHAM Assistant City Attorney ,7vly , 1980, NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By BOB DIXO RepresentXtive -9- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours, and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classifications set forth in Appendix "A." The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBCEA. The NBCEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative and Clerical unit, and agrees to meet and confer and otherwise deal exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legisla- tive body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof, to be effective July 1, 1979. ARTICLE III Retirement NEWPORT BEACH agrees to pay one-half the employees' contribution (three and one-half percent [3-1/2%]) to Public Employees Retirement System (PERS). NEWPORT BEACH agrees to a lump sum payment the first pay period following the signing of the Memorandum of Understanding -2- 11. that will reflect an amount equal to one-half the employees' contribution to PERS for the period of time between July 1, 1978, and the signing of the Memorandum of Understanding. NEWPORT BEACH will then pay one-half the employees' contribution to PERS for the remainder of Fiscal Year 1978-79. ARTICLE V Holidays Effective July 1, 1978, NEWPORT BEACH agrees to provide each employee represented by NBCEA one "floating holiday," said holiday to be the employee's date of birth. In addition, effective for Fiscal Year 1979-80 only, NEWPORT BEACH agrees to provide additional one-half day holiday on Christmas Eve and one-half day holiday on New Years Eve. ARTICLE VI Sick Leave Credit Effective July 1, 1978, NEWPORT BEACH shall elect to be subject to the provisions of California Government Code Section 20862.8. ARTICLE VII Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBCEA dues, and to deduct such payments from the wages of all NBCEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBCEA in accordance with the terms of signed authorizations of -3- such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBCEA shall constitute payment of said dues by such members and employees of the NBCEA. ARTICLE VIII Continuation of Existing Benefits All employees in the classifications represented by the NBCEA shall be covered by the terms all of the other other Article of of Newport Beach and conditions and receive benefits not specifically covered by any this Memorandum that are provided to employees as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of NEWPORT BEACH will not recommend any revision or modification to such conditions or benefits which apply to employees presented by the NBCEA without first consulting on such recommendations with NBCEA. ARTICLE IX Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 -4- Accounting Cashier I Accounting Cashier II Accounting Supervisor Audit Clerk Data Control Clerk Deputy City Clerk Duplicating Machine Operator I Duplicating Machine Operator II Keypunch Operator Legal Secretary Librarian I Librarian II Library Assistant Library Clerk I Library Clerk II Library Clerk III License Clerk License Inspector Payroll Clerk APPENDIX "A" Approx. Mo. Salary Range Salary 40.045 - 44.045 41.020 - 45.020 44.020 - 48.020 41.045 - 45.045 41.045 - 45.045 45.020 - 49.020 41.000 - 45.000 41.045 - 45.045 40.045 - 44.045 42.045 - 46.045 48.045 - 52.045 50.045 - 54.045 45.045 - 49.045 36.045 - 40.045 39.020 - 43.020 41.045 - 45.045 40.045 - 44.045 47.020 - 51.020 41.045 - 45.045 852 - 1,035 873 - 1,061 1,011 - 1,228 894 - 1,087 894 - 1,087 1,061 - 1,290 856 - 1,040 894 - 1,087 852 - 1,035 939 - 1,142 1,259 - 1,530 1,388 - 1,687 1,087 - 1,321 701 - 852 792 - 962 894 - 1,087 852 - 1,035 1,170 - 1,422 894 - 1,087 O. Programmer Analyst Purchasing Clerk I Purchasing Clerk II Recreation Clerk Recreation Supervisor Secretary Secretary to the Fire Chief Senior Legal Secretary Approx. Mo. Salary Range Salary 52.001 - 56.001 40.045 - 44.045 42.020 - 46.020 41.045 - 45.045 50.020 - 54.020 43.015 - 47.015 43.015 - 47.015 45.045 - 49.045 1,465 - 1,781 852 - 1,035 917 - 1,114 894 - 1,087 1,354 - 1,646 958 - 1,164 958 - 1,164 1,087 - 1,321 Senior Storekeeper - Buyer 48.020 - 52.020 1,228 - 1,493 Steno Clerk I 40.045 - 44.045 852 - 1,035 Steno Clerk II 42.020 - 46.020 917 - 1,114 Stock Clerk 41.045 - 45.045 894 - 1,087 Storekeeper I 44.020 - 48.020 1,011 - 1,228 Storekeeper II 45.020 - 49.020 1,061 - 1,290 Systems Analyst 53.001 - 58.001 1,539 - 1,964 Typist Clerk I 36.045 - 40.045 701 - 852 Utilities Administrative Aide 50.020 - 54.020 1,354 - 1,646 Water Billing Clerk I 40.045 - 44.045 852 - 1,035 Water Billing Clerk II 41.045 - 45.045 894 - 1,087 ii A IMO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classifications set forth in Appendix "A". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBCEA. The NBCEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative & Clerical unit, and agrees to meet and confer and otherwise deal ig� exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II. Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof, to be effective July 2, 1977. ARTICLE III Retirement NEWPORT BEACH agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 20930.3, referred to as military service credit. ARTICLE IV Continuation of Existing Benefits All employees in the classifications as set forth in Appendix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in Resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any revision or modification to such conditions or benefits which apply to employees in the classifications as set forth in Appendix "A" without the mutual agreement of NBCEA. ARTICLE V Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 Memorandum, 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 signing of this agreement and not set forth herein. ARTICLE VI Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1978, 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 party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1977. ARTICLE VII Separability Should any part of this Memorandum or any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE VIII Non -Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBCEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. 771 Executed this 28 day of , '6 , 1977. CITY OF NEWPORT BEACH L SLAIGHT, C'ensultant City Representative FRANK IVENS, Assistant to the City Manager and City Representative Approved as to Form: Act DENNIS O'NEIL, City Attorney THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION (:::? • /,dANICE MANNING, President ERCY �]- L Vice President Accounting Cashier I Accounting Cashier II Accounting Supervisor Audit Clerk Data Control Clerk Deputy City Clerk Duplicating Machine 0p. I Duplicating Machine Op. II Keypunch Operator Legal Secretary Librarian I Librarian II Library Administrative Aide Library Assistant Library Clerk I Library Clerk II Library Clerk III License Clerk License Inspector Payroll Clerk Programmer Analyst Purchasing Clerk I Purchasing Clerk II Recreation Clerk APPENDIX A Salary Range 38.020 - 42.020 38.045 - 42.045 41.045 - 45.045 39.020 - 43.020 39.020 - 43.020 42.045 - 46.045 38.025 - 42.025 39.020 - 43.020 38.020 - 42.020 40.020 - 44.020 46.020 - 50.020 48.020 - 52.020 47.045 - 51.045 43.020 - 47.020 34.020 - 38.020 36.045 - 40.045 39.020 - 43.020 38.020 - 42.020 44.045 - 48.045 39.020 - 43.020 49.025 - 53.025 38.020 - 42.020 39.045 - 43.045 39.020 - 43.020 Monthly Salary 754 - 917 773 - 939 894-1,087. 792 - 962 792 - 962 939 -1,142 758 - 921 792 - 962 754 - 917 831 -1,011 1,114 -1,354 1,228 -1,493 1,119 -1,457 962 -1,170 620 754 701 - 852 792 962 754 - 917 1,035 -1,259 792 - 962 1,296 -1,576 754 - 917 811 - 986 792 - 962 Salary Rance Monthly Salary Recreation Supervisor 47.045 - 51.045 1,199 -1,457 Secretary 40.040 - 44.040 848 -1,030 Sec. to the Fire Chief 40.040 - 44.040 848 -1,030 Senior Legal Secretary 43.020 - 47.020 962 -1,170 Sr. Storekeeper Buyer 45.045 - 49.045 1,087 -1,321 Steno Clerk I 38.020 - 42.020 754 - 917 Steno Clerk II 39.045 - 43.045 811 - 986 Stock Clerk 39.020 - 43.020 792 - 962 Storekeeper I 41.045 - 45.045 894 -1,087 Storekeeper II 42.045 - 46.045 939 -1,142 Systems Analyst 50.025 - 54.025 1,361 -1,654 Typist Clerk I Typist Clerk II Utilities Admin. Aide Water Billing Clerk I Water Billing Clerk II 34.020 - 38.020 620 - 754 36.045 - 40.045 701 - 852 47.045 - 51.045 1,199 -1,457 38.020 - 42.020 754 - 917 39.020 - 43.020 792 .- 962 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classifications set forth in Appendix "A". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBCEA. The NBCEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative & Clerical unit, and agrees to meet and confer and otherwise deal exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBCEA dues, and to deduct such payments from the wages of all NBCEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBCEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBCEA shall constitute payment of said dues by such members and employees of the NBCEA. ARTICLE III Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE IV Holidays NEWPORT BEACH agrees to add the following holidays to those observed by the City: Christmas Eve (Last half of the working day) New Year's Eve (Last half of the working day) ARTICLE V Vacation NEWPORT BEACH agrees to revise the vacation accrual schedule as follows: Yrs. of Continuous Service Accrual Rate 0 but less than 5 96 Hours 5 but less than 9 112 Hours 9 but less than 13 128 Hours 13 but less than 17 144 Hours 17 but less than 21 160 Hours 21 but less than 25 176 Hours 25 and over 192 Hours ARTICLE VI Retirement NEWPORT BEACH and NBCEA agree to a joint valuation of the Amendments to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH agrees to implement said amendments if such action results in no cost to the City. ARTICLE VII Continuation of Existing Benefits All employees in the classifications as set forth in Appendix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in Resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any revision or modification to such conditions or benefits which apply to employees in the classifications as set forth in Appendix "A" without the mutual agreement of NBCEA. ARTICLE VIII Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 Memorandum, 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 signing of this agreement and not set forth herein. ARTICLE IX Duration - The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1976, 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 party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1975. ARTICLE X Separability Should any part of this Memorandum or any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE XI Non -Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBCEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. Executed this 23'e0 CITY OF NEWPORT BEACH By: day of FRANK IVEiN$, Assistant to the City'Managbr and City Representative GEORGE PAPPAS, Finance D;rec_o and City Reptesentative Approvy�4 as to Formal 1 •Ni DENNIS O'NEIL, City Attorney ,1975. THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION By : antareal.41 Jy (ICE MANNING, President MERCY ROHLAND, Vice President STEPV N H. SILVER; Representative APPENDIX A Approximate Salary Range Monthly Salary Accounting Cashier I 36.020-40.020 684 - 831 Accounting Cashier II 36.045-40.045 701 - 852 Accounting Supervisor 39.045-43.045 811 - 986 Administrative Assistant 48.045-52.045 1,259 - 1,530 Audit Clerk 37.020-41.020 718 - 873 Data Control Clerk 37.020-41.020 718 - 873 Deputy City Clerk 40.045-44.045 852 - 1,035 Duplicating Machine Op. I 35.020-39.020 651 - 792 Duplicating Machine Op. II 37.020-41.020 718 - 873 Keypunch Operator. 36.020-40.020 684 - 831 Legal Secretary 38.020-42.020 754 - 917 Librarian I 44.020-48.020 1,011 - 1,228 Librarian II 46.020-50.020 1,114 - 1,354 Library Assistant 41.020-45.020 873 - 1,061 Library Clerk I 32.020-36.020 563 - 684 Library Clerk II 34.045-38.045 636.- 773 Library Clerk III 37.020-41.020 718 - 873 License Clerk 36.020-40.020 684 - 831 License Inspector 42.045-46.045 939 - 1,142 Payroll Clerk 37.020-41.020 718 - 873 Programmer Analyst 40.045-44.045 852 - 1,035 Purchasing Clerk I 36.020-40.020 684 - 831 Purchasing Clerk II 37.045-41.045 736 - 894 Recreation Supervisor 45.045-49.045 1,087 - 1,321 Secretary 38.040-42.040 769 - 935 Secretary to the Fire Chief 38.040-42.040 769 - 935 Senior Legal Secretary Senior Recreation Supervisor Sr. Storekeeper - Buyer Steno Clerk I Steno Clerk II Stock Clerk Storekeeper I Storekeeper II Tidelands Operator Coordinator Typist Clerk I Typist Clerk II Utilities Administrative Aide Water Billing Clerk I Water Billing Clerk II 41.020 - 45.020 873 - 1,061 48.045 - 52.045 1,259 - 1,530 43.045 - 47.045 986 - 1,199 36.020 - 40.020 684 - 831 37.045 - 41.045 736 - 894 37.020 - 41.020 718 - 873 39.045 - 43.045 811 - 986 40.045 - 44.045 852 - 1,035 45.045 - 49.045 1,087 - 1,321 32.020 - 36.020 563 - 684 34.045 - 38.045 636 - 773 45.045 - 49.045 1,087 - 1,321 36.020 -. 40.020 684 - 831 37.020 - 41.020 718 - 873 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classifications set forth in Appendix "A". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBCEA. The NBCEA agree's to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative & Clerical unit, and agrees to meet and confer and otherwise deal • • exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof, to be effective July 3, 1976. ARTICLE III Retirement As soon as practicable following the execution of this agreement the City shall contract with an independent consulting firm to study the existing retirement program available to employees covered by this agreement through PERS. The results of any such study shall be communicated to authorized representatives of the NBCEA, as soon as practicable following completion of the study. ARTICLE IV Continuation of Existing Benefits All employees in the classifications as set forth in Appendix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of this Memorandum • that are provided to employees of Newport Beach as set forth in Resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any revision or modification to such conditions or benefits which apply to employees in the classifications as set forth in Appendix "A" without the mutual agreement of NBCEA. ARTICLE V Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 Memorandum, 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 signing of this agreement and not set forth herein. ARTICLE VI Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1977, 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 party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1976. ARTICLE VII Separability Should any part of this Memorandum or any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE VIII Non -Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBCEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. Executed this ZJ f t- day of CITY OF NEWPORT BEACH By: , Assistant to the nd City Representat' 313/JE , 1976. e GE PAC, Finance Di ect•r and City esentative Approved as to Form: ity DENNIS O'NEIL, ity At orney THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION BY: ME CY BORLAND, Vice President , Representative Accounting Cashier I Accounting Cashier II Accounting Supervisor Administrative Assistant Audit Clerk Data Control Clerk Deputy City Clerk Duplicating Machine 0p. I Duplicating Machine Op. II Keypunch Operator Legal Secretary Librarian I Librarian II Library Assistant Library Clerk I Library Clerk II Library Clerk III License Clerk License Inspector Payroll Clerk Programmer Analyst Purchasing Clerk I Purchasing Clerk II Recreation Supervisor Secretary Secretary to the Fire Chief APPENDIX A Salary Range 37.022 - 41.022 37.047 - 41.047 40.047 - 44.047 49.047 - 53.047 38.022 - 42.022 38.022 - 42.022 41.047 - 45.047 37.027 - 41.027 38.022 - 42.022 37.022 - 41.022 39.022 - 43.022 45.022 - 49.022 47.022 - 51.022 42.022 - 46.022 33.022 - 37.022 35.047 - 39.047 38.022 - 42.022 37.022 - 41.022 43.047 - 47.047 38.022 - 42.022 44.047 - 48.047 37.022 = 41.022 38.047 - 42.047 46.047 - 50.047 39.042 - 43.042 39.042 - 43.042 Monthly Salary 720 - 875 737 - 896 853 - 1037 1324 - 1609 756 - 918 756 - 918 896 - 1089 723 - 879 756 - 918 720 - 875 793 - 964 1063 - 1292 1172 - 1425 918 - 1116 592 - 720 669 - 813 756 - 918 720 - 875 988 - 1201 756 - 918 1037 - 1261 720 - 875 774 - 941 1144 - 1390 809 - 983 809 - 983 • • I Senior Legal Secretary Senior Recreation Supervisor Sr. Storekeeper - Buyer Steno Clerk I Steno Clerk II Stock Clerk Storekeeper I Storekeeper II Systems Analyst Tidelands Operator Coordinator Typist Clerk I Typist Clerk II Utilities Administrative Aide Water Billing Clerk I Water Billing Clerk II Salary Range 42.022 - 46.022 49.047 - 53.047 44.047 - 48.047 37.022 - 41.022 38.047 - 42.047 38.022 - 42.022 40.047 - 44.047 41.047 - 45.047 45.047 - 49.047 46.047 - 50.047 33.022 - 37.022 35.047 - 39.047 46.047 - 50.047 37.022 - 41.022 38.022 - 42.022 Monthly Salary 918 - 1116 1324 - 1609 1037 1261 720 875 774 - 941 756 - 918 853 1037 896 1089 1089 - 1324 1144 - 1390 592 - 720 669 - 813 1144 - 1390 720 - 875 756 - 918 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION A RECOGNIZED EMPLOYEE ORGANIZATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach City Employees Association (hereinafter called "NBCEA") and shall apply to all classifications set forth in Appendix "A". The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBCEA. The NBCEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBCEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBCEA as the recognized employee organization for the employees in the Administrative « Clerical unit, and agrees to meet and confer and otherwise deal If • exclusively with NBCEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBCEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBCEA dues, and to deduct such payments from the wages of all NBCEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBCEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBCEA shall constitute payment of said dues by such members and employees of the NBCEA. ARTICLE III Salaries and Wages NEWPORT BEACH and NBCEA agree to the salary schedule for the various classifications as set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE IV Holidays NEWPORT BEACH agrees to add the following holidays to those observed by the City: Christmas Eve (Last half of the working day) N•ew Year's Eve (Last half of the working day) ARTICLE V Vacation NEWPORT BEACH agrees to revise the vacation accrual schedule as follows: Yrs. of Continuous Service Accrual Rate 0 but less than 5 96 Hours 5 but less than 9 112 Hours 9 but less than 13 128 Hours 13 but less than 17 144 Hours 17 but less than 21 160 Hours 21 but less than 25 176 Hours 25 and over 192 Hours ARTICLE VI Retirement NEWPORT BEACH and NBCEA agree to a joint valuation of the Amendments to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH agrees to implement said amendments if such action results in no cost to the City. ARTICLE VII Continuation of Existing Benefits All employees in the classifications as set forth in Appendix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in Resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any • • revision or modification to such conditions or benefits which apply to employees in the classifications as set forth in Appendix "A" without the mutual agreement of NBCEA. ARTICLE VIII Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and 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 Memorandum, 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 signing of this agreement and not set forth herein. ARTICLE IX Duration - The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1976, 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 party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1975. ARTICLE X Separability Should any part of this Memorandum or any provisions 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 invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE XI Non -Discrimination NEWPORT BEACH and NBCEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBCEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. /� Executed this 2J,�D day of /41 �,r/ 0975. CITY OF NEWPORT BEACH By: FRANK IVENS jAsstt—tant to th City 'Mapage-r and City Repres GEORGE PAPPAS, Finance Eire and City R esentative Approv°d as to Form: DENNIS O'NEIL, City Attorney tative Oc or THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION 09 By : 44l/l u/!1 JANICE MANNING, President MERCY ROHLAND, Vice President STEPFN H. SILVER, Representative • APPENDIX A Salary Range Accounting Cashier I 36.020-40.020 Accounting Cashier II 36.045-40.045 Accounting Supervisor 39.045-43.045 Administrative Assistant 48.045-52.045 Audit Clerk 37.020-41.020 Data Control Clerk 37.020-41.020 Deputy City Clerk 40.045-44.045 Duplicating Machine Op. I 35.020-39.020 Duplicating Machine Op. II 37.020-41.020 Keypunch Operator 36.020-40.020 Legal Secretary 38.020-42.020 Librarian I 44.020-48.020 Librarian II 46.020-50.020 Library Assistant 41.020-45.020 Library Clerk I 32.020-36.020 Library Clerk II 34.045-38.045 Library Clerk III 37.020-41.020 License Clerk 36.020-40.020 License Inspector 42.045-46.045 Payroll Clerk 37.020-41.020 Programmer Analyst 40.045-44.045 Purchasing Clerk I 36.020-40.020 Purchasing Clerk II 37.045-41.045 Recreation Supervisor 45.045-49.045 Secretary 38.040-42.040 Secretary to the Fire Chief 33.040-42.040 Approximate Monthly Salary 684 - 831 701 - 852 811 - 986 1,259 - 1,530 718 - 873 718 - 873 852 - 1,035 651 - 792 718 - 873 684 - 831 754 - 917 1,011 - 1,228 1,114 - 1,354 873 - 1,061 563 - 684 636.- 773 718 - 873 684 - 831 939 - 1,142 718 - 873 852 - 1,035 684 - 831 736 - 894 1,087 - 1,321 769 - 935 769 - 935 Senior Legal Secretary Senior Recreation Supervisor Sr. Storekeeper - Buyer Steno Clerk I Steno Clerk II Stock Clerk Storekeeper I Storekeeper II Tidelands Operator Coordinator Typist Clerk I Typist Clerk II Utilities Administrative Aide Water Billing Clerk I Water Billing Clerk II 41.020 - 45.020 873 - 1,061 48.045 - 52.045 1,259 - 1,530 43.045 - 47.045 986 - 1,199 36.020 - 40.020 684 - 831 37.045 - 41.045 736 - 894 37.020 - 41.020 718 - 873 39.045 - 43.045 811 - 986 40.045 - 44.045 852 - 1,035 45.045 - 49.045 1,087 - 1,321 32.020 - 36.020 563 - 684 34.045 - 38.045 636 - 773 45.045 - 49.045 1,087 - 1,321 36.020 - 40.020 684 - 831 37.020 - 41.020 718 - 873 In the month of October, 1949, a meeting of the employees of the City of Newport Beach was held in the City Hall for the purpose of forming an association of the employees. Mr. Dick Whitson introduced Mr. Otto Jacobs, who spoke at some length, outlining the advantages which might bederived from such an organization, and offered his cooperation to the group in order that the Association be properly organized and all legal aspects be properly..handled. A Committee was appointed from the assembled members, and Mr. Whitson, acting as chairman of the evening, charged the Committee to meet for the purpose of selecting a name for the organization, and to draw up tentative by-laws for the Association. On November 7, 1949, the first regular meeting was held, and the draft of the By -Laws, and the selected name of the organization was presented to the group. The organization shall hereafter be known as "The Newport Beach City Employees' Association"; the Officers shall be: 1. President 2. Vice -President 3. Secretary -Treasurer 4. Assistant Secretary Treasurer 5. One director from each department; such director to be selected by the members of that particular department. The object of the Association is to do all things necessary or expedient to advance the welfare, education, end effectiveness of the members of this association by instruction in civic affairs; to provide a medium of exchange of ideas and expressions; to know and become better acquainted with one another; to promote harmony and understanding in our business and social relations; and to create a friendly spirit among ourselves and the citizens at large. The By -Laws were unanimously adopted and it was voted that a copy be sent to the Secretary of State in order to obtain a Charter for the Association. A few months later it was decided that articles of incorporation be drawn up for the safety and protection of the individual members of the Association. A vote was taken and we soon became one of the few Incorporated City Employees Associations. On March 6, 1950, a motion was made, seconded and passed that we affiliate with the California League of City Employees Associations, becoming the 32nd member of the League. The Newport Beach City Employees Association has continued to work as directed in our By -Laws. We feel that much progress has been achieved in the past, and it is the sincere hope of all of the Officers (present and past) and the members, that we will continue our growth in membership and in benefits to the employees to become a greater asset to the community, and to maintain the respect of the citizens of the city. The Newport Beach City Employees Association has taken part in the majority of the welfare programs of the community. We are quite proud that we have supported the following: Orange County Tuberculosis Association Heart Fund Community Chest United Fund Christmas Charity (In the Newport Harbor area the Christmas Charity has been administered by the.B.P.O.E., and this is the wish of all of the Service Clubs in the area in order that more needy families might be reached and that the possibility of duplications be lessened. 0n April 11, 1951 the Association affiliated with the American Red Cross and formed a Participation Group in the Red Cross Blodd Bank, this affiliation now provides that by the support of the program through blood donations by the employees, should any employee or any member of an employee's family ever have the need of blood, it may be obtained at no cost other than a noninal charge for the administration. The Association has been a supporter of Youth Activities. One of the outstanding features of our Community work is the Floating Christmas Tree. It has been our pleasure for the past several years to sponsor and operate a lighted tree some 40 feet in height mounted on a barge and propelled around the Bay, equipped with amplifiers and speakers, carols are played and quite often parties are made up to ride along and sing songs for the pleasure of the populace. The Association has received many letters of appreciation for this effort. At the request of the Association a program was set up by the City Council, whereby Pins would be presented to the employees for years of service, and upon retirement of an employee, an engraved Life Time card be presented in recognition of service rendered. Always looking forward to the protection of the employee, the Association has been vigilant. Through our efforts a change in our policy with the State Retirement System from the 1/70 to the 1/60 plan was adopted; also, we have requested and received many of the amendments which we feel are of an advantage to the employee. We have maintained what we believe to be the best policy with the Blue Cross hospital and medical insurance. The Association was instrumental in acquiring the present Life Insurance with thei\Etna Company.. -2- Your Association has on your behalf continued to combat the Movement which would integrate our present State Retirement System and the Old Age Survivors Insurance under the Federal Social Security Laws; we feel that such integration would be far less beneficial to the employee upon retirement. The Association, through its Officers and Committees, have endeavored to keep abreast of the times and has worked diligently with the City Manager's Office and the City Council, to promote working conditions and salary adjustments; to devise means of better serving the citizens of the area, and to be more efficient and economical to the City. At the present time a program is being prepared for a class in First Aid for the Employees, and it is our belief that such instruction will be of great value to the employee and will afford a public service; also, such a program could well be fitted with the Civilian Defense in case of an emergency. It is the desire of the Newport Beach City Employees Association to carry on the work to which our By -Laws have dedicated us, to support one another, to assist in the growth and welfare of the City, and to be better citizens. In this we sincerely ask the support of all employees. -3- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION z �Z This Memorandum of Understanding is entered into with reference to the following: In the interest of maintaining harmonious relationships between the City of Newport Beach and the Newport Beach Police Employees Association, authorized representatives of the City of Newport Beach (hereinafter referred to as the "CITY") and authorized representatives of the Newport Beach Police Employees Association (hereinafter referred to as the "ASSOCIATION"), a recognized employee organization, have met and conferred in good faith exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by the ASSOCIATION; and Representatives of the CITY and the ASSOCIATION have reached an understanding and agreement as to certain changes in wages, hours, fringe benefits and other terms and conditions of employment of the employees represented by the ASSOCIATION and have agreed that the parties hereto shall jointly recommend to the City Council of the City of Newport Beach approval of said understanding and agreement and adoption of a new wage and salary resolution which will provide for and implement said changes. Therefore, the CITY and the ASSOCIATION agree as follows: ARTICLE I. SALARIES A new Wage and Salary Resolution shall be adopted executing the following changes in salaries for the 1974-75 Fiscal Year: Effective on the dates indicated below the salary of each employee in the classifications listed shall be increased by the percentages shown, over and above his or her salary immediately prior thereto. Classification July 6, 1974 April 12, 1975 Police Captain 9.5% 5.0% Police Lieutenant 9.0% 5.0% Police Sergeant 8.5% 5.0% Police Officer 8.0% 5.0% Police Woman 8.0% 5.0% Police Emergency Equip. Dispatcher 9.0% 5.0% Humane Officer 9.0% 5.0% Station Officer 9.0% 5.0% Secretary to the Police Chief 10.0% 5.0% Parking Control Officer 9.0% - 5.0% Police Clerk II 8.0% 5.0% Police Clerk I 8.0% 5.0% Jailer 0.0% 0.0% ARTICLE II. HEALTH INSURANCE Effective October 1, 1974, the Health Insurance Plan, maintained by the City, will be changed as indicated for employees and their eligible dependents as follows: A. The calendar year deductible for each insured family member shall be reduced to $50.00 per year. B. The family deductible limit shall be 411 reduced to $150.00. C. Out-of-pocket limit (co-insurance limit) of $500.00 per person will be added to the Plan. This feature will provide 100% reimbursement of covered medical expenses when the 20% co-insurance paid by the employee reaches $500.00 in any calendar year. D. The maximum benefit for each insured family member shall be increased to $250,000.00. E. The existing maternity benefit will be discontinued for pregnancies that commence on or after July 1, 1974. ARTICLE III. INSURANCE PREMIUM COSTS Effective October 1, 1974, the CITY shall pay 100% of the employee premium cost for Health and Life Insurance including all increased premium cost resulting from the amendments to the Health Insurance coverage described hereinabove in Article II. The premium payments for Short and Long Term Disability Insurance shall continue to be governed by the terms now in effect (i.e., those employees who have 0-19 days of accrued sick leave shall pay 100% of the premium cost; those employees who have 20-39 days of accrued sick leave shall pay 50% of the premium cost and the City shall pay 50% of the premium cost; those employees who have 40 or more days of accrued sick leave shall have the entire cost paid by the City.) In addition, the CITY shall continue to extend Health Insurance coverage to eligible dependents of employees and to pay 95% of the premium cost for such dependents, including the increased premiums resulting from the amendments described hereinabove in Article II. The remaining 5% of such premiums shall continue to be paid by the employees. ARTICLE IV. NIGHIIFFERENTIAL • Effective July 6, 1974, the Night Differential pay for all affected employees represented by the ASSOCIATION presently authorized to receive such pay shall be increased from $0.15 per hour to $0.25 per hour. ARTICLE V. SCHOLASTIC ACHIEVEMENT PLAN The City agrees to continue the Scholastic Achievement Plan in a modified form as detailed in Appendix A to this Memorandum and by this reference made a part hereof. The City further agrees to fund the modified Plan in the amount of $45,000 for Fiscal Year 1974-75. ARTICLE VI. OTHER TERMS AND CONDITIONS OF EMPLOYMENT All other terms and conditions of employment of all employees represented by the ASSOCIATION in existence immediately prior to the effective date of this Agreement shall remain unchanged and in full force and effect during the entire term of this Agreement unless altered by mutual agreement of the parties hereto. This Memorandum of Understanding shall be implemented by appropriate resolution or resolutions of the City Council of the City of Newport Beach. Executed this A, 7" day of -3 w.iF% , 1974. CITY OF NEWPORT BEACH BY: -BYi !AN IVENS, Assistant to t e ity:Mriiager-and City Represen GEORGE PAPA , Finance Dir:ctor and City Representative NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION BY: a-eut± ... GARY PETgRSEN, Police Employees tive Association Representative BY: J;M'CPyIISON, President e Employees Association NEWPCIIVBEACH POLICE EMPLOYEE'S WOCIATION SCHOLASTIC ACHIEVEMENT PLAN I. APPLICABILITY: This plan shall apply to all Sworn Personnel in the Police Department, except the Police Chief. II. DEFINITIONS: 1. Years of Service Full time employment as Sworn Peace Officer with the City of Newport Beach or another Law Enforcement Agency. 2. Total College Semester Units The total number of college semester units from an accredited college or university, regardless of the number of units re- quired by the employee's most current class specification. 3. College Degrees The successful completion of the course of study required to receive, and the reception of, a BA, BS, LLB, MA, MS, JD, or comparable college or university degree. III. ELIGIBILITY: To be eligible for participation in this plan an employee must: A. Have been employed by the City of Newport Beach or another Law Enforcement Agency as a Sworn Peace Officer for the minimum periods of time specified in Section V below; B. Have completed the minimum number of total semester units, or received the appropriate degree, as specified in Section V below; C. Have been rated competent or above in his/her last Semi -Annual Performance Evaluation; D. Have passed his/her initial probationary period as a Sworn Officer in the Police Department; and E. Be recommended by his/her Department Director. IV. APPLICATION PROCEDURE: Employees of the Police Department qualifying under Section III above must submit evidence of such qualification prior to July 15 in order to receive payment for the period July 1-June 30. No other periods for application for payment under this plan will be allowed. Application forillayment is to be made on flits provided by the Personnel Department. Records substantiating the employee`s eligibility must be attached to the form, i.e. copies of the employee's transcripts and/or degrees. V. SCHEDULE OF PAYMENTS: EDUCATION YEARS 30 UNITS 60 UNITS 90 UNITS BA/BS MA/MS/JD 2 $ 20 $ 20 $ 20 $ 20 $ 20 3 $ 20 $ 40 $ 60 $ 80 $ 80 4 $ 20 $ 40 $ 60 $ 80 $100