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.
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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
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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
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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.
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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
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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
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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
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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
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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:
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Effective the pay period following City Council approval of this MOU, there
shall be a base salary increase of two percent (2.0%) for all represented
classifications.
Effective the pay period that includes January 1, 2020, base salaries will be
increased by two percent (2.0%) for all represented classifications.
Effective the pay period that includes January 1, 2021, base salaries will be
increased by two percent (2.0%) for all represented classifications.
B. Overtime
1. Advanced Approval - Employees must have advanced approval from their
supervisor to work overtime.
2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the
employee's defined FLSA workweek.
3. Contract Overtime — Overtime earned for an employee whose hours paid in their
defined FLSA workweek exceeds 40. For purposes of calculating hours paid for
contract overtime, holidays occurring during the work week count as time worked.
The use of other forms of leave do not count as hours worked for purposes of
calculating hours paid for determining eligibility for contract overtime.
4. Rate at Which Overtime is Calculated — Both FLSA and Contract Overtime (paid at
time and one half — 1.5) shall be calculated at the regular rate of pay, except that
the rate at which Contract Overtime is calculated shall not include the City's
Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back
an employee may receive from the Cafeteria Plan Allowance by choosing benefits
which cost less than the Allowance.
5. Workweek for Purposes of Calculating Overtime — For employees who work the
9/80 work schedule, their defined FLSA workweek shall begin exactly four hours
after the start time of their shift on their alternating regular day off (i.e., their eight -
hour day) and end exactly 168 hours later. For employees who work a 5/40 work
schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end exactly
168 hours later the following Saturday at 12:00 a.m.
6. Work Schedule — Regardless of the type of work schedule an employee is assigned
(e.g., 5/40 and 9/80), full time employees are regularly scheduled to work forty (40)
hours in their defined FLSA workweek.
7. Reporting Time - The City calculates overtime in tenths of an hour. Employees
shall report their time worked to the nearest tenth of an hour.
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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
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approved by the employee's supervisor. Call-back time may be converted to
CTO with supervisor approval.
Employees may accumulate up to eighty (80) hours of CTO. If an employee
has eighty (80) hours of accrued CTO, he/she will not be able to accrue
additional CTO until he/she uses CTO to reduce his/her balance below eighty
(80) hours.
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.
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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.
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SECTION 3. — Leaves
A. Flex Leave
All unit members shall accrue Flex leave at the following rates:
Years of Continuous Hrs Accrued per Annual Max Allowable
Service Pay Period hours Balance (hours)
Less than 5
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.
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B. Holiday Leave
The following days shall be observed as paid holidays (i.e., employees shall
have the day off with pay) by all unit members. For each holiday, except the
Floating Holiday (where the employee chooses the day 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).
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3. In addition, for all employees an additional 8 hours of floating holiday
will be added to his/her Flex leave accumulated total, on the first pay
period in July each year.
D. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by
an employee because of the death or terminal illness in his/her immediate
family." Unit members shall be entitled to forty (40) hours of bereavement
leave per calendar year per incident (terminal illness followed by death is
considered one incident). Bereavement leave shall be administered in
accordance with the provisions of the Employee Policy Manual. Leave hours
need not be used consecutively, but should occur in proximate time to the
occurrence. For the purposes of this section, immediate family shall mean
an employee's father, mother, stepfather, stepmother, brother, sister,
spouse/domestic partner, child, stepchild, grandparents and the employee's
spouse's/domestic partner's father, mother, brother, sister, child and
grandparents. The provisions of this Section shall not diminish or reduce any
rights a member may have pursuant to applicable provisions of State or
Federal law. An employee requesting bereavement leave shall notify his/her
supervisor as soon as possible of the need to take leave.
E. Leave Sellback
During calendar year 2019, employees shall have the option (on two
occasions) of selling back on an hour for hour basis, accrued flex or vacation
leave. In no event shall the flex or vacation leave balance be reduced below
one hundred and sixty (160) hours. Hours sold back will be subject to the
Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree
Medical. For the term of this MOU the Association has elected Part C
contributions for Flex at 0%.
Effective in calendar year 2020 and thereafter, employees shall have the
option of converting accrued Flex Leave to cash on an hour for hour basis
subject to the following: On or before the pay period which includes
December 15 of each calendar year, an employee may make an irrevocable
election to cash out accrued flex leave which will be earned in the following
calendar year. The employee can elect to receive the cash out in the pay
period which includes June 30 and/or the pay period which includes
December 15 for those Flex Leave benefits that have been earned during
that portion of the year. In no event shall the flex leave balance be reduced
below one hundred and sixty (160) hours. On or before December 31, 2019,
each employee shall have the one-time option of cashing out all or a portion
of Flex Leave benefits credited to his/her account as of that date. However,
in no event shall the flex leave balance be reduced below one hundred and
sixty (160) hours when the leave is cashed out.
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In addition to the above, starting in calendar year 2020, an employee who
has an "unforeseen emergency" (defined as an unanticipated emergency that
is caused by an event beyond the control of the employee and that would
result in severe financial hardship to the employee if early withdrawal were
not permitted) shall be entitled to make a request to the Director of Human
Resources for a payoff of accrued flex leave. The amount of flex leave which
may be paid off is limited to the amount necessary to meet the emergency.
If there is an unforseen emergency, an employee can cash out Flex Leave
earlier in the year than described above provided that the remaining balance
is not reduced below one hundred and sixty (160) hours.
SECTION 4. — Fringe Benefits
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits Information
Committee has been established to allow the City to present data
regarding carrier and coverage options, the cost of those options,
appropriate coverage levels and other health programs. The purpose
of the BIC is to provide each employee association with information
about health insurance/programs and to receive timely input from
associations regarding preferred coverage options and levels of
coverage.
2. Medical 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).
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NBCEA members who do not enroll in any medical plan offered by the
City must provide evidence of group medical insurance coverage, and
execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage on an
annual basis.
Employees hired prior to the first day of the pay period following City
Council approval of this 2019-2021 MOU who elect to opt out of
medical coverage offered by the City because they have provided
proof of minimum essential coverage ("MEC') through another source
(other than coverage in the individual market, whether or not obtained
through Covered California) will receive $1,000.00 per month in
taxable cash. For these same employees, if they elect medical
coverage and spend less than the City contribution provided above,
those unused cafeteria plan funds shall be paid to the employee as
taxable cash.
Employees hired after the first day of the pay period following City
Council approval of this 2019-2021 MOU who elect to opt out of
medical coverage offered by the City because they have provided
proof of minimum essential coverage ("MEC') through another source
(other than coverage in the individual market, whether or not obtained
through Covered California) shall receive $500.00 per month in
taxable cash. For these same employees, if they elect medical
coverage and spend less than the City contribution provided above,
there shall be no cash back provided.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's plan offerings as agreed upon by the Benefits Information
Committee.
5. Healthcare Reform
The parties recognize that certain State and Federal laws, programs
and regulations, including the Affordable Care Act, may impact future
medical plan offerings., Either party may request to reopen Section
4A(2) regarding medical insurance for the purpose of discussing
alternative approaches and proposals to providing healthcare
coverage. In addition, should State or Federal laws concerning
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
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City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may
access the EAP subject to provider guidelines.
D. Retirement Benefit
1. Retirement Formula
The City contracts with PERS to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated
reform, the City has implemented first, second and third tier retirement
benefits:
Tier 1: For employees hired by the City on or before November 23,
2012, the retirement formula shall be the 2.5% @ 55 calculated on the
basis of the single highest year.
Tier 2: For employees first hired by the City between November 24
and December 31, 2012, or hired on or after January 1, 2013 and are
current classic members of the retirement system, as defined in the
Public Employees' Pension Reform Act ("PEPRA"), the retirement
formula shall be 2% @ 60 calculated on the average 36 highest
month's salary.
Tier 3: For employees first hired by the City on or after January 1,
2013, and who do not meet the Tier 2 criteria because they are new
members as defined by the PEPRA, the retirement formula shall be
2% @ 62 calculated on the average 36 highest month's salary.
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will contribute
additional amounts toward the PERS retirement benefit, to the extent
permissible by law. Should any provision be deemed invalid, the City
and Association agree to meet for the purpose of renegotiating
employee retirement contributions. Employees in each Tier will
contribute 13% of pensionable pay toward the retirement benefit.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution (of 7% or 8%) shall be calculated on base
pay, special pays, and other pays normally reported as "PERSable"
compensation, and will be made on a pre-tax basis through payroll
deduction, to the extent allowable by law. It is recognized that these
payments will not be reported to PERS as contributions toward either
the Member or Employer rate, as provided under GC Section 20516(f).
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Under a separate agreement, and ratified via a contract amendment
with 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.
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Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves the
City prior to five years employment, only the Part A contributions and
Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance 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
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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.
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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
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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
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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).
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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
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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.
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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.
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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.
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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.
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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
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b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006 was less than
50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2006.
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
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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
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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
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3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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:
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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:
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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.
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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
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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.
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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").
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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
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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
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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.
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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.
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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.
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"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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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,
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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.
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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:
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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.
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3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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).
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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.
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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.
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3. Life Insurance
The City shall provide life insurance for all regular full-time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre-70 amount. This amount
remains in effect until the employee 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.
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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%.
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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
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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
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•
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
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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.
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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:
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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.
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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.
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• •
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
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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
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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
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• •
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.
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(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:
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(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.
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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
• •
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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.
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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.
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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.
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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
•
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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,
• •
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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.
• •
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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
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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.
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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
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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.
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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
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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.
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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.
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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").
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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'.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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.
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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.
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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.
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• •
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:
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"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
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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.
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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
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• •
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
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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.
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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.
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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.
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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.
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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.
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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.
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• 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