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HomeMy WebLinkAbout17 - MOUs & EPMC(1) TO: CITY OF NEWPORT BEACH COUNCIL STAFF REPORT Agenda Item No. 17 January 22, 2013 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiffQnewportbeachca.gov Human Resources Department Terri L. Cassidy, Deputy City Manager /Human Resources Director 949 - 644 -3303, tcassidy @newportbeachca.gov PREPARED BY: Terri L. Cassidy, Deputy City Manager /HR Director Maggie Williams- Dalgart, Human Resources Analyst APPROVED: � A" TITLE: Resolutions Nos. 2013 -7, 2013 -8, 2013 -9, and 2013 -10: Adopting Memoranda of Understanding with Miscellaneous Bargaining Units (3) and the Unrepresented Key & Management Compensation Plan; and Resolution 2013 -11: Modifying the Reporting of the Value of the Employer Paid Member Contribution (EPMC) ABSTRACT: The City's negotiators and representatives from the City Employees Association, Professional and Technical Employees Association, and Employees League, have been meeting and conferring since July 2012 on the terms of successor memoranda to the ones that expired June 30, 2012. On December 17, 2012 the City and the City Employees Association and Professional and Technical Employees Association reached a Tentative Agreement on Memoranda of Understanding for the term July 1, 2012 through June 30, 2015. On December 19, 2012 the City and the Employees League reached a tentative agreement for a Memorandum of Understanding for July 1, 2012 through June 30, 2015. The City Council's ratification of the MOUs is the final step in the Meet and Confer process, completing the agreements. Changes to the Key & Management Compensation Plan are proposed in conjunction with adoption of the miscellaneous Memoranda for parity reasons and as referenced in MOUs or City policies. RECOMMENDATION: 1. Approve Resolutions adopting Memoranda of Understanding (MOUs) between the City of Newport Beach and the City Employees Association (Attachment A); Memoranda of Understanding with Miscellaneous Bargaining Units and the Key & Management Compensation Plan January 22, 2013 Page 2 between the City of Newport Beach and the Professional and Technical Employees Association (Attachment B); and between the City of Newport Beach and the Employees League (Attachment C). 2. Approve a Resolution adopting the Key & Management Compensation Plan (Attachment D), effective July 1, 2012 through June 30, 2015. 3. Adopt a Resolution (Attachment E) eliminating reporting the value of the Employer Paid Member Contribution (EPMC) to the California Public Employees' Retirement System (PERS), as provided in the Memoranda of Understanding and the Key & Management Compensation Plan. FUNDING REQUIREMENTS: See financial information in the body of the discussion text DISCUSSION: CEA. Professional Technical and Leaaue Negotiations Beginning in July 2012, representatives from the CEA/Professional Technical Associations began meeting and conferring with City representatives. Between the two exclusively recognized bargaining units, these Associations represent approximately 180 employees of diverse classifications /job families. For reasons of common interests and for efficiency, the negotiations were conducted concurrently and this encouraged frank and productive discussions regarding the City's organizational and fiscal goals in a collaborative manner. The parties met for nine (9) sessions before reaching comprehensive Tentative Agreement. Beginning in September 2012, representatives from the Employees' League began meeting and conferring with City representatives. This unit of primarily field classifications represents 139 employees. The negotiations were collaborative and informative from both perspectives. The parties met for seven (7) sessions before reaching comprehensive Tentative Agreement. In keeping with the stated Total Compensation Philosophy adopted by the City Council in Resolution 2011 -55, one of the key objectives of the negotiations was to move toward achieving a 50/50 cost sharing between the City and the employees of the Public Employees' Retirement System (PERS) costs. In order to achieve this goal, a minimum of 4.35% over the current 8% contribution needed to be paid by the employees. In addition, City /Association representatives discussed different tiers of retirement formulae and levels of contributions for employees in accordance with the Public Employees Pension Reform Act (PEPRA) that became effective January 1, 2013. Memoranda of Understanding with Miscellaneous Bargaining Units and the Key & Management Compensation Plan January 22, 2013 Page 3 The City of Newport Beach now has three (3) tiers of retirement formulae: Tier 1: 2.5%(a)55 for PERS covered employees hired on or before November 23, 2012; Tier 2: 2.0 %an60 for new PERS covered employees hired on or after November 24, 2012 (or laterals from other PERS agencies who meet certain requirements). This second tier was agreed upon in the last Meet & Confer process in 2010; Tier 3: 2.0 %an62 for new PERS covered employees hired after January 1, 2013 under PEPRA (mandated by AB 340). The establishment of the second and third retirement tiers, along with the payment of additional retirement contributions by all miscellaneous employees supports the City's Fiscal Sustainability Plan (Resolution 2010 -4) and is consistent with the mutual goal of labor and management to keep the organization strong. Tiers 2 & 3 will help reduce the City's PERS liability /contributions over time and this will be reflected in the annual PERS actuarial valuation. In accordance with the Government Code Section 54957.6, Brown Act, authorizing the City Council to confer with the City's designated negotiators (Dave Kiff and Terri Cassidy), the City and its respective bargaining units reached tentative agreements that include the following provisions: • Term of three (3) years (retroactive to July 1, 2012 and expiring June 30, 2015); • Elimination of reporting the value of the 2.42% Employer Paid Member Contribution (EPMC) upon adoption of the agreement; • Additional employees contributions toward the PERS retirement benefit, with total employee contributions equaling: June 30, 2013 — 9.45% June 30, 2014 — 10.90% June 30, 2015 — 12.35% • An increase of the Flex Leave benefit by 12 hours per year and a holiday pay benefit equal to the employee's work day (previously, employees on a 9 hour workday schedule were required to use one hour of Flex Leave on a holiday in order for the holiday pay to equal 9 hours); • An increase of $100 per month to the current $1,249 monthly benefit in January 2013, 2014 and 2015 to offset anticipated increases in health insurance premiums. Contributions to the employee cafeteria allowance are used for the purchase of medical, dental, vision insurance, deferred compensation, or taken as cash. Effective 2013, the maximum contribution for employees that "opt -out" Memoranda of Understanding with Miscellaneous Bargaining Units and the Key & Management Compensation Plan January 22, 2013 Page 4 of medical will be $1,249 for current employees and $600 for employees hired after MOU adoption; • Cost -of- living adjustments based on the Consumer Price Index (CPI) Los Angeles /Orange County Urban Wage Earners Index for the twelve month period ending October 31, as follows: January 1, 2013 - 1.5% to 2.5% January 1, 2014 - 1.5% to 2.25% January 1, 2015 - 1.5% to 2.0% • Changes to the Certificate Pay program for all three bargaining units (reductions, conversions to flat dollar amounts rather than percentage based, and the addition of pay incentive for highly skilled certificates); • Tuition Reimbursement increase of $100 per year, for a maximum annual benefit of $1,500; • Contract reopeners on contracting out City services, the Fox Lawson classification and compensation study, and healthcare reform, all of which may impact employee wages, benefits, or other terms and conditions of employment; • Other changes include: Severance Pay capped at 10 weeks (Prof Tech only; all other units already have a 10 week cap); an increase in association Release Time; modifications to the Uniform policy for CEA/Prof Tech; a cap on the Night Standby benefit for Utilities; and the addition of Standby for IT staff required to be on -call during the weekends. At the time of print of this agenda item the membership of the respective associations are in the process of ratifying the agreements by majority vote, as required by their by- laws. Each agreement does not become effective, per Government Code §3505.1, until the governing body, i.e., City Council, takes action to adopt it. MOU language changes are noted in italics in the respective MOUs, which will be published after adoption. Unrepresented Group The Key & Management group consists of unrepresented supervisory, managerial and confidential employees, including certain managerial positions in public safety. To maintain equity, the City has historically provided Key & Management with the same changes to compensation and benefits as employees in CEA, Prof Tech and League. The proposed Key & Management Compensation Plan for the period July 1, 2012 through June 30, 2015, establishes pay and benefit at the same level as the other three bargaining units, as follows: total employee retirement contributions of 12.35 %; monthly cafeteria increase of $100 effective in January 2013, 2014 and 2015; and cost -of- living Memoranda of Understanding with Miscellaneous Bargaining Units and the Key & Management Compensation Plan January 22, 2013 Page 5 adjustments of 1.5% - 2.5 %, 1.5% - 2.25 %, and 1.5% - 2.0% effective in June 2013, 2014, and 2015 respectively. The COLA will not apply to the Executive Management ranges due to recent City Council action adopting a new compensation structure for that group. The changes to the Key & Management Plan are listed in italics on the attached document (Attachment D). The City's Miscellaneous part-time staff are effectively unrepresented by an active bargaining unit. Historically, pay and certain benefits for many of the part-time positions have been tied to the pay and benefit adjustments received by the Miscellaneous units. Given the above status, the City is unable to negotiate new pay and benefit terms at this time. Once representational issues are addressed by the City Attorney's Office, including possible adjustments and additional PERS pick up for part-time staff, a recommendation will be made. Per Government Code §20636 (c)(4), in order to implement changes to employee contributions toward retirement benefits, the City Council must adopt a resolution for each employee group specifying the terms of the change. The attached resolutions (Attachment F) eliminate reporting the value of the City's payment of the Member Contribution (referred to as the Employer Paid Member Contribution or EPMC) for employees represented by CEA, Prof Tech, League, the Key & Management group and part-time classifications. If the City Council approves adoption of the three Memoranda of Understanding , the Key & Management Compensation Plan, and part-time salary ranges and adopts the resolutions necessary to implement the Employee Paid Member Contribution changes, Human Resources and Finance Department staff will work to implement the provisions as soon as practicable. Public Notice: Public notice was fulfilled with the posting of the agenda and report for this item. Fiscal Impact: The additional 4.35% employee contribution (amount contributed by end of contract) from employees in CEA, League, Prof Tech and Key & Management toward the PERS retirement benefit, will help offset the increased cost to the cafeteria benefit and cost -of- living adjustments and provide a savings of nearly $1.5 million in retirement costs between now and June 2015. Assuming all cost -of- living increases at the maximum benefit (most costly scenario), the net direct cost to the City is an estimated $1.16M per year ($3.5 million for the term of the three year contract) for these Miscellaneous employees, as follows: Memoranda of Understanding with Miscellaneous Bargaining Units and the Key & Management Compensation Plan January 22, 2013 Page 6 During the term of the contracts, if inflation runs at roughly 3% per year, the net impact to the typical employee of the COLAs and the additional PERS contributions will be as shown in the below chart. The chart assumes that the increase in the cafeteria benefit is offset by additional health care costs and that the employee is at top step in terms of his or her merit range. Annual Salary S Addl EE Salary Adj Additional 1,750 Initial PERS Contribution (- 1.45 %) $ # of Retirement (assumes Cafeteria Flex leave $ Association /Group Covered Pick -Up . 25 %T 1/13; ($1ooTJan accrual Net Fiscal Positions (4.35% by 2.25% T 2013, 2014, incr Impact end of 1/14; and and 2015) (12 hr /yr) contract 2.0% T 1/15) CEA 95 $277,986 $414,905 $547,200 $122,504 $806,623 Prof -Tech 85 $363,012 $540,538 $459,000 $159,579 $796,105 League 139 $409,720 $608,414 $850,680 $179,594 $1,228,968 Key and M mt 73 $374,268 $555,669 $367,920 $163;987 $713,308 Total 392 $1,424,986 $2,119,526 $2,224,800 $625,664 $3,545,004 During the term of the contracts, if inflation runs at roughly 3% per year, the net impact to the typical employee of the COLAs and the additional PERS contributions will be as shown in the below chart. The chart assumes that the increase in the cafeteria benefit is offset by additional health care costs and that the employee is at top step in terms of his or her merit range. Annual Salary S C,ccO First COLA (max 2.5 %) $ 1,750 Initial PERS Contribution (- 1.45 %) $ (11040) Net Take -Home impact $ 70,710 Inflationary Effect at 3% $ 68,588 Annual Salary $ 71,750 Add next COLA (max 2.25 %) $ 1,614 Cumulative PERS Contributions ( -2.9 %) $ (2,128) Vet Take -Home impact $ 71,237 nfiationary Effect at3% $ 69,100 Annual Salary $ 73,364 Add next COLA (max 2 %) $ 1,467 Cumulative PERS Contributions (- 4.35%) $ (3,255) Vet Take -Home impact $ 71,576 Inflationary Effect at 3% $ 69,429 As City Manager and Human Resources Director, we thank the employee groups for the collaborative and respectful way in which they have approached these negotiations. Memoranda of Understanding with Miscellaneous Bargaining Units and the Key & Management Compensation Plan January 22, 2013 Page 7 These remain challenging and changing times for the City and the strong partnership between the City and its bargaining units remain vital to ongoing success. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Terri L. Cassidy Deputy City Manager /HR Director Attachments: A. Resolution Adopting a Memorandum of Understanding with the City Employees Association B. Resolution Adopting a Memorandum of Understanding with the Professional and Technical Employees Association C. Resolution Adopting a Memorandum of Understanding with the Employees League D. Key & Management Compensation Plan E. Resolution Modifying the Employer Paid Member Contribution for Miscellaneous Employees ATTACHMENT A RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001 -50, the "Employer- Employee Relations Resolution," to promote improved relations and communication between the City of Newport Beach and its employee associations; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Newport Beach City Employees Association for the period of July 1, 2010, through June 30, 2012; and WHEREAS, representatives from the City of Newport Beach and representatives from the Newport Beach City Employees Association have met and conferred in good faith and agreed to modify the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Newport Beach desires to replace the Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association by adopting successor Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. Wages, hours, fringe benefits and other terms and conditions of employment of employees represented by the Newport Beach City Employees Association shall be provided in accordance with the provisions of the attached Memorandum of Understanding (Exhibit A). Section 2. The term of the Memorandum of Understanding shall be for 36 months, commencing retroactively to July 1, 2012, and will remain in full force and effect through June 30, 2015. Adopted this day of , 2013. M ATTEST: City Clerk Mayor of the City of Newport Beach EX BIT A 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 the period from July 9, 2092 through June 30, 2095 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 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 1,2012. 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. 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 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. 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. 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 normally granted (150), the Association will be granted an additional 30 hours for that year. ON 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 Q) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. N 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 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. 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. 3 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. 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. 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 (CP/) Los Angeles /Orange County Urban Wage Earners Index for the 12 month period ending on October 31, 2012 with a minimum 1.5% increase and a maximum 2.5% increase. Effective the pay period including January 1, 2014 salaries will be increased by an amount equal to the increase in the Consumer Price Index (CPI) Los Angeles /Orange County Urban Wage Earners Index for the 12 month period ending on October 31, 2013 with a minimum 1.5% increase and a maximum 2.25% 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. 2 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 (1'h)) 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 compensabee. 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 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. 7 D. Call -Back D 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 ' /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. 0 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. 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. 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 415` 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 B. All other procedures associated with Certificate Pay remain in effect. K. Bi- linqual Pay Upon determination of the Department Director that an employee's ability to speak, read and /or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive one hundred fifty ($150.00) dollars per month 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 Years of Continuous 5 but less than 9 6.15 20 479.7 Pay Period 9 but less than 12 6.77 22 528.06 6.00 12 but less than 16 7.69 25 599.82 171.86 16 but less than 20 8.31 27 648.18 563.94 20 but less than 25 8.92 29 695.76 16 but less than 20 25 and over 9.54 31 744.12 9.38 Effective the pay period including January 1, 2013, all unit members shall accrue Flex leave at the following rates (superseding the rates listed above): During the first six months of full -time employment, new employees shall not accrue paid leave. At the completion of six months of employment, six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued Flex Leave 10 Maximum Years of Continuous Hrs Accrued per Annual Allowable Service Pay Period hours Balance (hours) 1 but 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 7.23 189.98 563.94 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 During the first six months of full -time employment, new employees shall not accrue paid leave. At the completion of six months of employment, six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued Flex Leave 10 time to be used for illnesses only. If employee terminates employment prior to six months, the employee will repay the City equivalent to the number of Flex eave days that were advanced to the employee Any Flex Leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. Effective January 2014 the parties agree to review, via a survey process, the comparabllity of Flex leave accrual in relation to parity with other units. 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. 11 1A 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 15t Monday in Sept. November 11 4th Thurs. in November Last '' /z of working day December 25 Last '' /z of working day January 1 3`d Monday in February Last Monday in May 3`d Monday in January July 15r - 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 9180 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 9180 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 8 hours, the employee is entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday pay annually for the Floating Holiday. 12 Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. 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. 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 Flex/Vacation at 0 %. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The 13 purpose of the BIC is to provide each employee group with information about health insurance /programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CalPERS participating employer's contribution towards medical insurance for employee enrolled in a CalPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance /programs. 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 employers 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 CalPERS participating employers contribution). NBCEA members who do not want to enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. The maximum cafeteria allowance provided to employees who execute an opt -out agreement is $1,249 per month effective January 2013. Employees hired after adoption of this 2012 -2015 MOU, and who execute an opt -out agreement, will receive a maximum cafeteria allowance of $600 per month. 14 3 a 5. 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. 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. 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 2. 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. Disability Insurance The City shall provide Short -term (STD) and Long -term (LTD) disability insurance to all regular full time employees with the following provisions: 15 LO C Weekly Benefit Maximum Benefit Minimum Benefit Waiting Period 66.67% gross weekly wages $10,000 /month $15 (STD) and $100 (LTD) 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0 %) percent of base salary. Simultaneously, the City increased base wages by one (1.0 %) percent. 3. Life Insurance The City shall provide life insurance for all regular full -time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre -70 amount. This amount remains in effect until the employee terminates from City employment. 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. Retirement Benefit 1. Retirement Formula The City contracts with PERS to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits: 16 Tier 1: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the best/single highest year Tier 2: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and are current members of the retirement system, as defined in Public Employees Pension Reform Act, the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria, the retirement formula shall be 2.0% 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 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(1), Tier 1 Employees: Effective upon MOU adoption, 1) Employees will continue to contribute 5.58% toward the Member Contribution and 2.42% toward the Employer Contribution for a total of 8 %, as provided in prior agreement, and 2) the City will eliminate reporting the value of the 2.42% Employer Paid Member Contribution (EPMC) as special compensation. 17 Effective the pay period including June 30, 2013, Tier 1 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs pursuant to Government Code Section 20516 (t), 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(1), 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 625% 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(0 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 1 under 20516(x) 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 205160 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 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 City shall contribute, on behalf of each unit member, one and one half percent (1.5 %) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January 1, 2007, the City increased the base salary of all members by 1.5 %, and then deducted that same amount as a mandatory employee contribution. For tax purposes, the contributions, although designated employee contributions, are being paid by the employer in lieu of contributions by the employee. The contributions are deemed "picked -up" and treated as employer contributions, thereby excluding the employee's gross income until distributed. Employees cannot opt out of the "pick -up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. In accordance with correspondence received from a legal expert retained by the City, this amount will not be taxable, except for Medicare. Minor changes to other compensation related items that are calculated from base salary will also result from this administrative change. 19 The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. As of date of adoption of this MOU, pursuant to Government Code 7518.22(c) under the California 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, 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. 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 - WERP "). 20 a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $1.50 per month for each year of service plus year of age (updated every January 151 based on status as of December 31st of the prior year). Effective January 2008, this contribution will increase to $2.50 per month. Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non - safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0 %) Flex . This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees 21 within the Association. Additionally, the purpose and focus of these changes should be toward long -term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the RHS Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation /flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full -time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation PYa for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005 -24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and /or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CalPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. 23 c. For employees in Category 3, the program is the same as for those in Category 2 with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active workforce. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will.also receive an additional one -time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Categon/ 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not lust City insurance premiums. Effective July 1, 2006, a RHS account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. 24 The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A), plus .25% of other compensation (Part B). 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 (1009'0) 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 1. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination of employment. 25 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 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. SEVERANCE fail 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) Schedulinq 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. W. 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. 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. 9 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. 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 T conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his /her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty -one (21) calendar days. Step 4: Mediation - If the grievance is not resolved after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resources Director within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Step 5: Within twenty (20) calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within seven (7) calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Board's decision. The City Manager's decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. 31 H. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 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. 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. 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. 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 2013: FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION: Teresa Craig, President FOR THE CITY OF NEWPORT BEACH Im Keith Curry, Mayor ATTEST: 0 Leilani Brown, City Clerk aOVED AS TO FORM: Aaron Harp, City Attorney ' f 1 b1 -3 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 01 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. ATTACHMENT B RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001 -50, the "Employer- Employee Relations Resolution," to promote improved relations and communication between the City of Newport Beach and its employee associations; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Newport Beach Professional and Technical Employees Association for the period of July 1, 2010, through June 30, 2012; and WHEREAS, representatives from the City of Newport Beach and representatives from the Newport Beach Professional and Technical Employees Association have met and conferred in good faith and agreed to modify the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Newport Beach desires to replace the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association by adopting successor Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. Wages, hours, fringe benefits and other terms and conditions of employment of employees represented by the Professional and Technical Employees Association shall be provided in accordance with the provisions of the attached Memorandum of Understanding (Exhibit B). Section 2. The term of the Memorandum of Understanding shall be for 36 months, commencing retroactively to July 1, 2012, and will remain in full force and effect through June 30, 2015. Adopted this day of 2013. An ATTEST: City Clerk Mayor of the City of Newport Beach EXHIBIT B MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into with reference to the following: PREAMBLE 1. The Newport Beach Professional and Technical Employees Association ( "NBPTEA "), a recognized employee organization, affiliated with Laborers' International Union of North America, Local 777 (LIUNA), and the City of Newport Beach ( "City "), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBPTEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment to apply to all affected employees for the period of July 1, 2012 through June 30, 2015. 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. This MOU, upon approval by NBPTEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION I. —General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-M i I ias- Brown Act of the State of California and the provisions of the Employer's /Employee Labor Relations Resolution No. 2001 -50, the City acknowledges that NBPTEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer /Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBPTEA. B. 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, 2012. This MOU shall remain in full force and effect through 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. 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, federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBPTEA officers designated by the NBPTEA shall collectively be granted 150 hours paid release time maximum, annually, for the conduct of NBPTEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBPTEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBPTEA written communication in the work place. 4. 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 normally granted (150), the Association will be granted an additional 30 hours for that year. PA 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 (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. 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. 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. As provided in the Employer - Employee Relations Resolution No. 2001 -50, the City shall determine the manner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and /or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. F. Modifications Any agreement, 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. S G. Employee Data and Access The NBPTEA will be provided on a regular basis with a listing of all unit members. The listing will include name, department, and job title. Information concerning the NBPTEA prepared by the NBPTEA will be provided to new employees at the time of orientation. NBPTEA officials shall be entitled to solicit membership from employees who are not members. SECTION 2. —Compensation A. Salary Effective the pay period that includes January 1, 2013 salaries will be increased by an amount equal to the increase in the Consumer Price Index (CPI) Los Angeles /Orange County Urban Wage Earners Index for the 12 month period ending October 31, 2012 with a minimum 1.5% increase and a maximum 2.5% increase. Effective the pay period that includes 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 that includes 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) Overtime - 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 E 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 (1 -1/2) 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. C. Call -Back Dutv 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. j D. Accumulation of Compensatory Time Off City employees represented by the NBPTEA 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 Department Director. E. Night Shift Differential The City agrees to pay $1 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5 p.m. and 5 a.m. Overtime worked as an extension of an assigned day shift shall not qualify an employee for night shift differential. The differential pay is paid only for hours actually worked. F. Associate Civil Engineer and Junior Civil Engineer Employees in the class of Associate Civil Engineer and Junior Civil Engineer who are registered by the State of California shall receive an additional compensation of five (5 %) percent of base pay per month. G. Certificate Pay The City and Association established a certificate pay program for non - required job related certificates beneficial to City operations. Effective January 1, 2013, the Certificate Pay program 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 B. All other procedures associated with Certificate Pay remain in effect. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall received overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. Actinq Pay NBPTEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Acting pay is 107.5% of the employee's base pay rate. Once the minimum 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. Bi- linqual Pay Upon determination of the Department Director that an employee's ability to speak, read and /or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month 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, K. Assignment Pay An employee appointed by the Planning Director to regularly perform the duties of the Zoning Administrator as set forth in the Zoning Code shall be provided temporary assignment pay at five percent (5 %) above the employee's base pay, to be paid on an hourly basis for all hours worked in the assignment. This assignment pay is temporary and will cease once the employee is no longer performing the duties of the Zoning Administrator. An Assistant Planner appointed by the Planning Director to regularly perform the lead duties at the Plan Check Counter shall be provided temporary assignment pay at five (5 %) percent above the employee's base pay, paid on an hourly basis for all hours worked in the assignment. N This assignment pay will cease once the employee is no longer performing the duties of the lead person at the Plan Check Counter. L. Weekend Standby Effective upon MOU adoption, Information Technology staff assigned Standby for the purpose of responding to calls for service during the weekend shall be paid $3 per hour for each hour of assigned duty. Weekend will be defined as the 64 hours beginning on Friday at 5:00 p.m. and concluding Monday at 7:00 a.m. for a total of 64 hours per weekend. Standby compensation is not considered PERSable pay. This provision is not intended to be a guarantee of hours and the City shall retain the right to determine when Standby duty shall be assigned. 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 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) but 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 7.23 189.98 563.94 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 During the first six months of full -time employment, new permanent 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 (6) months, the employee will repay the equivalent to the number of Flex leave days that were advanced to the employee. Any Flex leave time advanced during the first six (6) 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 benefits and the issue of parity with other units. 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 to receive such excess pay. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. 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. 10 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. 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 Pay Service 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 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. 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. 11 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 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: Service Time Monthly Accrual 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. (b) Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 11.2 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 12 C employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director, 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 September November 11 4th Thurs. in November Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May 3rd Monday in January July 15` - 1 day For 2012 only, the % day Christmas Eve and % day New Years 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 9180 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 9180 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). 13 2. In addition, for all employees an additional 8 hours of floating holiday will be added to his /her vacation or flex leave accumulated total on the first pay period in July each year. E. Bereavement Leave 1. Defined The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his /her Immediate Family. For the purposes of this section, Immediate Family shall mean father and 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. 2. Maximum Allowed Such leave shall be limited to five (5) working days per incident. 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. 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/Vacation at 0 %. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance /programs and to 14 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 CalPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance /programs. The City and the Newport Beach Professional and Technical 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 period. 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). NBPTEA 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. 15 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 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: Weekly Benefit 66.67% gross weekly wages 16 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. The Retirement Benefit 1. Retirement Formula The City contracts with California Public Employees Retirement System (PERS) to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits: Tier 1: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the best/single highest year. 17 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 22%P62 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(f). 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. 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 (t), 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 %; 18 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 EmploVees: 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(1), 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(1) 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 under 20516(1) 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 0 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(1) 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 41h 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. 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. 20 As of date of adoption of this MOU, pursuant to Government Code 7518.22(c) under the California 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. 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. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan (formerly the Medical Expense Reimbursement Program "MERP ") a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to 21 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 15` based on status as of December 315` 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/Vacation 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. 22 Sick leave balances may also be included in the RHS Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation /flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full - time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care 23 insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005 -24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and /or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. C. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. 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. 24 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. 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). 25 G. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities, or recognized professional organizations or agencies may apply for reimbursement of one hundred percent (100 %) of the actual cost of tuition, books, fees or other student expenses for approved job — related coursework, seminars or professional development programs. Maximum tuition reimbursement for employees shall be $1,400 per fiscal year. Effective January 1, 2013, reimbursement will increase by $100, 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/Workinci Conditions A. Reductions in Force /Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination or employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted 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 26 (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. 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. 27 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 placed on the re- employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach, to a maximum of ten (10) weeks' severance pay. B. Recruitment and Selection Position vacancy announcements for available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. In order to select the most qualified individual for vacant positions the City will continue its practice of "banding" candidates into one of the following ratings: Outstanding, Highly Recommended, Recommended, and Not Recommended, during the testing process. Department Directors review qualified candidates in band order, beginning K1 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 The City agrees to maintain flex - scheduling where it is currently operating successfully. 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. D. Labor Management Committee The City will work with NBPTEA leadership, through its managers, to establish labor- management committees departmentally whenever it is mutually determined it is appropriate to do so. E. Grievance Procedure Any employee or group of employees may file a grievance regarding the interpretation or application of the "Employer- Employee Relations Resolution" (RESOLUTION 2001 -50), this MOU, or of rules and regulations, adversely affecting an employee's wages, hours, or conditions of employment. A grievance shall be filed according to the following procedure: Step 1: A grievance may be filed by any employee on his /her own behalf, or jointly by a group of employees, or by 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. 29 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 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: If the grievance is not resolved in Step 3 (or Step 4), appeal to Step 5 may be made by the grievant within 20 calendar days of receipt of the City Representative's answer. The grievant may, through the representative of his /her Recognized Employee Organization request, in writing, a hearing before the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board DeNovo 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. F. Probation 1. Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 2. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (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. 31 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. (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. G. 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). H. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of the Employee Policy Manual, related Departmental Rules and Regulations; Employee /Employer Resolutions and a copy of this Memorandum of Understanding. More information may be included. Direct Deposit All employees shall participate in the payroll direct deposit system. J. Uniforms For assigned Community Development and Public Works Department staff whose regular daily duties involve field work outside of the office, uniforms shall be worn at all times during regular business hours. Field staff shall be provided with City designated collared shirts (polo or button down as determined by Department) annually and one City designated winter jacket; replacement on an as- needed basis. In addition, inspections staff (Building and Public Works) will be provided one pair of work boots annually. If the provided winter jacket or work boots are lost, the employee shall replace them with one meeting Department specifications. Work boots shall provide toe protection and meet Department safety standards 32 for construction sites. The Department Head or designee may approve exceptions to wearing uniforms. K. 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 NBPTEA, 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. L. 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. 091 Executed this day of , 2013. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION m Fern Nueno, President By: Mike Wojciechowski, Representative CITY OF NEWPORT BEACH m Keith Curry, Mayor ATTEST: M Leilani Brown, City Clerk ,-A PROVED AS TO FORM: Aaron Harp, City Attorney f '115b.5 k;I EXHIBIT A Professional and Technical Employees Association Represented Classifications Accountant Accountant, Senior Building Inspector I Building Inspector 11 Building Inspector, Principal Building Inspector, Senior Buyer, Senior Civil Engineer, Associate Civil Engineer, Associate 5% Civil Engineer, Associate Plan Check Civil Engineer, Junior Civil Engineer, Junior 5% Civil Engineer, Plan Check Civil Engineer, Public Works Civil Engineer, Senior Plan Check Civil Engineer, Senior City Surveyor Code Enforcement Officer Code Enforcement Officer I Code Enforcement Officer, Senior Code Enforcement Supervisor Code Enforcement Trainee Construction Inspection Supervisor Emergency Services Coordinator EMP Plans Examiner Engineering Technician Engineering Technician, Senior Information Systems Coordinator GIS Analyst GIS Technician Harbor Resources Supervisor Harbor Resources Technician I Harbor Resources Technician II Information Systems Coordinator Information Technology Applications Analyst Information Technology Applications Analyst, Senior Information Technology Applications Supervisor Information Technology Operations Supervisor Information Technology Specialist /// Information Technology Specialist, Senior Library Information Systems Administrator 35 Management Assistant Marine Protection and Education Supervisor Permit Counter Supervisor Permit Technician I Permit Technician 11 Planner, Assistant Planner, Associate Planner, Senior Planning Technician Public Works Inspector Public Works Inspector II Public Works Inspector, Senior Real Property Administrator Residential Building Records Inspector Revenue Auditor Telecommunications Specialist Traffic Engineering Technician Traffic Engineering Technician, Senior Urban Forester Water Conservation Coordinator 91.1 Exhibit B Professional and Technical Employees Association Eligible Certificates for the period July 1, 2012 through June 30, 2015 Monthly $ Amt Certificate Eligible Positions % of Pay (as of 1 /1 /14) City Mana er's Office -- Information Technology I7 Geographic Information System Professional GIS Analyst 1.0% $75 (GISP) GIS Technician $75 CCENT (Cisco Certified Entry Networking IT Operations Supervisor 1.0% $85 Technician) IT Specialist, Sr. IT Specialist 1 /11 /III Info Sys Coordinator Library Info S stms Administrator CCNA certification (Cisco Certified Network IT Operations Supervisor 1.0% $85 Associate) IT Specialist, Sr. IT Specialist 1 /II /III Info Sys Coordinator Library Info s stms Administrator CCNP (Cisco Certified Network Professional) IT Operations Supervisor 2.0% $85 IT Specialist, Sr. IT Specialist 1 /II /III Info Sys Coordinator Library Info S stmsAdministrator Microsoft Certified Technology Specialist IT Operations Supervisor 1.0% $75 (MCTS) IT Specialist, Sr. IT Specialist 1 /11 /III Info Sys Coordinator Library Info S stms Administrator Microsoft Certified IT Professional (MCITP) IT Operations Supervisor 1.0% $85 IT Specialist, Sr. IT Specialist 1 /11 /III Info Sys Coordinator Library Info S stmsAdministrator Microsoft Certified Professional Developer IT Operations Supervisor 1.0% $75 (MCPD) IT Specialist, Sr. IT Specialist 1 /11 /111 Info Sys Coordinator Library Info S stmsAdministrator Microsoft Certified Systems Administrat ors IT Operations Supervisor 1.0% $85 (MCSAS) IT Specialist, Sr. IT Specialist 1 /II /111 Info Sys Coordinator Library Info S stmsAdministrator Microsoft Certified Systems Engineers (MCSEs) IT Operations Supervisor 1.0% $75 IT Specialist, Sr. IT Specialist 1 /11 /III Info Sys Coordinator Library Info S stmsAdministrator Microsoft Certified Professional (MCP) ** IT Operations Supervisor 1.0% $75 IT Specialist, Sr. IT Specialist 1 /II /III Info Sys Coordinator 11-ibrary Info S stmsAdministrator Exhibit B Professional and Technical Employees Association Eligible Certificates for the period July 1, 2012 through June 30, 2015 Monthly $ Amt Certificate Eligible Positions %of Pay (as of 1/1/14) CompTIA A+ IT Operations Supervisor 1.0% $75 IT Specialist, Sr. IT Specialist 1 /11 /III Info Sys Coordinator Library Info S stmsAdministrator Virtual Infrastructure Professional (VIP) or IT Operations Supervisor 1.0% $75 VMWare Certified Professional (VCP) IT Specialist, Sr., IT Specialist 1 /11 /III Info Sys Coordinator Library Info S stmsAdministrator Land Surveyor in Training (LSIT) ** or GIS Analyst 1.0% $75 Fundamental of Surveying (FS) ** Municipal Operations Department Certified Arborist Urban Forester 1.0% $75 Certified Comm'I Pesticide Applicator Urban Forester 1.0% $65 Public Works Traffic Engineer Junior Engineer 1.0% $85 Associate Civil Engineer Associate Engineer Senior En ineer (rev 2/29/08 IMSA (International Municipal Signal Traffic Engineering Technician 1.0% $75 Association ) Levels 11 & III Prestressed Concrete Special Inspector ** PW Inspector I & 11, Sr PW Inspector, Construction 1.0% $7S Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector Structural Masonry Special Inspector ** PW Inspector I & 11, Sr PW Inspector, Construction 1.0% $75 Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector Reinforced Concrete Special Inspector ** PW Inspector I & 11, Sr PW Inspector, Construction 1.0% $75 Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector Community Development Department & Public Works (Code & Water Quality Enforcement) Certified Code Enforcement Officer (CACEO) CWQ Enfrc Officer, Sr CWQ Enfrc Offcr 1.0% $65 Certificate in Investigative Interview and CWQ Enfrc Officer, Sr CWQ Enfrc Offcr 0.5% $45 lnterrog Techniques (BAT)) ** Community Development Department (Planning) American Institute of Certified Planners Planner, Sr. 2.0% $85 (AICP) ** Planner, Associate Planner, Assistant Planning Technician AICP Exam Fee Planner, Sr. Onetime payment for Exam Planner, Associate Fee up to $425; refundable if Planner, Assistant APA application is rejected IPlanning Technician Exhibit B Professional and Technical Employees Association Eligible Certificates for the period July 1, 2012 through June 30, 2015 ** Per 2012 -15 MOU, only those unit members receiving the certificate pay at time of MOU adoption are eligible for the benefit. Certificates will "sunset" upon certificate lapse or employee separation. —7 Monthly $ Amt Certificate Eligible Positions % of Pay 1 (as of 1/1/14) Community Development Department & Public Works ICC Permit Technician All represented Prof Tech Positions from the Building 1.0% $70 California Residential Building Inspector Division, Cade Enforcement, and Public Works 1.0% $75 California Residential Electrical Inspector Department, not specifically covered in MOU 1.0% $75 California Residential Plumbing Inspector 1.0% $75 California Residential Mechanical Inspector 1.0% $75 California Commercial Building Inspector 1.0% $75 California Commercial Electrical Inspector 1.0% $75 California Commercial Plumbing Inspector 1.0% $75 California Commercial Mechanical Inspector 1.0% $75 California Access specialist Casp 2.0% $100 ICC California Building Plans Examiner 1.0% $85 ICC Building Plans Examiner 1.0% $85 ICC Electrical Plans Examiner 1.0% $85 ICC Mechanical Plans Examiner 1.0% $85 ICC Plumbing Plans Examiner 1.0% $85 ICC Commercial Building Inspector 1.0% $75 ICC Commercial Electrical Inspector 1.0% $75 ICC Commercial Plumbing Inspector 1.0% $75 ICC Commercial Mechanical Inspector 1.0% $75 Residential Fire Sprinkler Inspector /Plans 1.0% $75 Examiner LEED AP (USGBC) ** Plan Check Engineers, Sr. Plan Check Engineer, Civil 2.0% $85 ICC Certified Building Official (CBO) ** Engineer, Sr, Civil Engineer, Senior Planner, Associate 2.0% $85 Planner Assistant Planner ** Per 2012 -15 MOU, only those unit members receiving the certificate pay at time of MOU adoption are eligible for the benefit. Certificates will "sunset" upon certificate lapse or employee separation. ATTACHMENT C RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH EMPLOYEES LEAGUE WHEREAS, the City Council of the City of Newport Beach previously adopted Resolution No. 2001 -50, the "Employer- Employee Relations Resolution," to promote improved relations and communication between the City of Newport Beach and its employee associations; and WHEREAS, the City of Newport Beach previously entered into a Memorandum of Understanding with the Newport Beach Employees' League for the period of July 1, 2010, through June 30, 2012; and WHEREAS, representatives from the City of Newport Beach and representatives from the Newport Beach Employees League have met and conferred in good faith and agreed to modify the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Newport Beach desires to replace the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Employees' League by adopting successor Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. Wages, hours, fringe benefits and other terms and conditions of employment of employees represented by the Newport Beach Employees' League shall be provided in accordance with the provisions of the attached Memorandum of Understanding (Exhibit C). Section 2. The term of the Memorandum of Understanding shall be for 36 months, commencing retroactively to July 1, 2012, and will remain in full force and effect through June 30, 2015. Adopted this day of 2013. M ATTEST: City Clerk Mayor of the City of Newport Beach EXHIBIT C 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, 2012 through June 30, 2015 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 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. 1 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. Four NBEL officers designated by the NBEL shall collectively be granted 950 hours paid release time maximum, annually, for the conduct of NBEL business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBEL 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 NBEL written communication in the work place. 4. In January 2094 and 2095, 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 (950), the Association will be granted an additional 30 hours for that year D. Employee Data and Access The NBEL will be provided on a regular basis with a listing of all unit members. The listing will include name, department, and job title. Information concerning the NBEL prepared by the NBEL will be provided to new field employees at the time of orientation. NBEL officials shall be entitled to solicit membership from field employees who are not members or who are new City employees assigned to a field department. E. 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 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 the Employer - Employee Relations Resolution No. 2001 -50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and Q) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 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 3 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, 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. 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. 0 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. NBEL agree to defend, indemnify and hold harmless the City for its action pursuant to this section. 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 Earners Index for the 12 month period ending on October 31, 2012 with a minimum 1.5% increase and a maximum 2.5% increase. Effective the pay period including January 1, 2014 salaries will be increased by an amount equal to the increase in the Consumer Price Index (CPI) Los Angeles/Orange County Urban Wage Earners Index for the 12 month period ending on October 31, 2013 with a minimum 1.5% increase and a maximum 2.25% 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. Overtime 1. Definitions (a) Miscellaneous Employee - An employee designated as a Miscellaneous member of the Public Employees Retirement System (PERS). (b) Overtime - 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 5 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 (or as otherwise designated by the City Manager). (c) Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. (d) 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. 2. Compensation Overtime for all non - exempt employees shall be paid at one - and - one -half (1 -1/2) times the employee's regular rate of pay. 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 and pre - scheduled vacation or flex leave 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 (a) 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 0 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. (b) Standby duty compensation for Utility employees shall be capped at the minimum wage rate ($8.00 per hour) in effect December 31, 2012, 3. Review of Standby /Call -Back Programs Effective January 2014 the parties agree to reexamine the Standby and Call -Back pay programs for the purpose of considering equity and parity. 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 on call back duty 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. E. Accumulation of Compensatory Time Off City employees represented by the NBEL 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 the 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 7 excess of the eighty (80) hours may be approved at the discretion of the Department Director. F. Night Shift Differential The City agrees to pay $1 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 5p.m. and 5a.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. In accordance with this provision, City agrees to pay $.50 per hour night shift differential to automotive shop mechanics for hours worked after 5:00 p.m. G. Differential Pav for One Man Packer The differential pay for the operation of a one man packer shall be 18 %. H. Acting Pav NBEL 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 41 st hour worked in the higher classification. Certification Pay Payment for State or governing body certifications will be made on a bi- weekly basis for League represented employees holding a valid and current certification in areas indicated below. Employees may submit proof of valid certificates, including renewals, upon completion. The bi- weekly payment for such eligible certificates will begin the first pay period following department approval. 1. Water or Wastewater Operator - Grade 1- $110 Grade II - $220 Grade III - $330 Grade IV - $540 Grade V - $600 Fl 2. Backflow Certification - $220 3. Qualified Applicator Certificate - $110. for each category up to a maximum of $330. 4. Fire Mechanic State Level 1- $110 5. Fire Mechanic State Level If - $220 6 Certified Arborist - $110 7. ASE Certification - $55 each and $220 for possessing a current ASE Master Truck Technician and $220 for possessing a current ASE Master Automobile Technician certification. 8. Commercial Drivers License, Class A - $220 9. Commercial Drivers License, Class B - $165 10. Public Works Certificates* I and II $200 (each). ('18 -20 Jr. College units each) 11. Water Utility Science Certification - $200 12. Cross Connection Specialist - $110 Effective the pay period including January 1, 2013 Certificate Pay shall be modified as follows: • Water or Wastewater Operator Grade V shall be increased to $700 annually. • Employees possessing a valid Fire Mechanic 111 certification shall be eligible for annual certificate pay of $400 • Employees possessing a valid Crane Certification shall be eligible for annual certificate pay of $110 • The maximum certificate pay benefit for unit members shall be $2,500 annually. The City will continue its practice of reimbursing employees for the following: 1) application, testing, and certification fees for successfully completing certification examinations for the above listed certificates, and 2)required physicals when employees obtain /renew required Class A or B Drivers Licenses. E J. 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. SECTION 3. - Leaves A. Flex Leave 1. NBEL members shall accrue Flex leave at the following rates: 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 Annual 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): During the first six months of full -time employment, new employees shall not accrue flex leave. At the completion of six months of employment six (6) months of flex leave will be placed in the employee's account. 1 0 Maximum Years of Continuous Hrs Accrued per Annual Allowable Service Pay Period hours Balance (hours) 1 but 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 7.23 189.98 563.94 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 During the first six months of full -time employment, new employees shall not accrue flex leave. At the completion of six months of employment six (6) months of flex leave will be placed in the employee's account. 1 0 Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of flex leave 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 paid leave days advanced from the employee's final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. 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. 2. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight times (78) the member's bi- weekly accrual rate. Any paid 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 who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 3. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Flex leave may be granted on an hourly basis. 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. 11 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 per pay Continuous period hrs Service 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 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. 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. Any fraction over an hour shall be charged to the next full hour. 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. 12 1. Basis for accrual 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 0 -1 year 1 -2 years 2 -3 years 3 -4 years 4+ 2. Method of Use (a) General 3. Monthly Accrual 4 hours 5 hours 6 hours 7 hours 8 hours 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 discretion of or with the approval of the Department Director and only for the purposes defined in Section 11.2 of the Employee Policy Manual. 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. D. Holiday Leave 1. Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other except 13 PA, those 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 flex 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 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May 3rd Monday in January July 1st- 1 day For 2092 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 9, 2093 holidays will be paid based on the employee's regular work day schedule, For example, if an employee is on a 9180 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 9180 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. 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). Holiday Pay Eligibility Following are the limitations on eligibility for Holiday Pay: (a) Holiday Pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday, or are on iiLl authorized leave (e.g. approved vacation, or sick leave, that has been approved by the Department Director). (b) Newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. E. Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees shall be as follows: 1. Defined 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, spouse /domestic partner, child, grandparents and the Employee's spouse's /domestic partner's father, mother, brother, sister, child and grandparents. 2. Maximum Allowed Such leave shall be limited to five (5) working days per incident. 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. 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/Vacation at 0 %. SECTION 4. —Fringe Benefits A. Health Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and 15 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 employers contribution towards medical insurance for employees enrolled in a CalPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance /programs. The City and the Newport Beach Employees League 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 coverage 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). NBEL 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. 16 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 comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 5. Healthcare Reform The parties recognize that certain State and Federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings. 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 Health Insurance /Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. 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 taxable salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000 /month 17 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 %) percent of base salary. Simultaneously, the City increased base wages by one (1 %) 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. The 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 E 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% @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 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(1). 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. 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 0 an additional 2.45% 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 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(1), 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(1) 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 under 20516(1) 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 FYI 5-16 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(1) 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. 20 The City contracts with PERS for the 4m 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. 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) Retiree Health Savings (RHS) Program (formerly the Medical Expense Reimbursement Program WERP "). 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 21 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 15` based on status as of December 3151 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/Vacation 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 RHS Part C contributions, but only to the extent and within all the numeric parameters specified in the 22 Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation /flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full -time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, 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 23 Revenue Ruling 2005 -24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and /or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CalPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CalPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1 with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one -time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one -time City contribution of $75 per month for every month they contributed to the OVIR previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose, not just City insurance premiums. Effective July 1, 2006, a RHS account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1 % of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). F. Tuition Reimbursement NBEL 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 courses, 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, 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. 25 All claims for tuition reimbursement require the approval of the Human Resources Director or designee. SECTION 5. Miscellaneous/Working Conditions A. Reductions in Force /Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination or employment. 2. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted 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. Classifications 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 and more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 26 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 The General Services Department will select employees for layoff by straight seniority department wide. This means department management has total control of position elimination and personnel reassignment within ranks, but the layoffs shall be on a straight forward "last hired -first fired" basis. The layoff system for the Utilities Department shall operate the same department - wide seniority as does the General Services Department, with the exception of the Electrical and Telecommunications sections. Because of the highly specialized skills and training of the personnel in these sections, these sections shall be treated as unique and individual unto themselves. 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. 27 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. 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. B. Non - Discrimination City and NBEL agree that there will be no discrimination by either party or by any of their agents against any employee because of his /her membership or non- membership in NBEL, or because of his /her race, creed, color, national origin, religious belief, political affiliation, sex, sexual orientation or age. C. Promotional Preference Where no less than two (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. The Human Resources Department shall be responsible for insuring that a position vacancy announcement for all available City positions be distributed in a manner that reasonably assures unit members access to the announcements. The Human Resources Department shall oversee all testing procedures. M Any employee who has achieved "regular status" may request assignment to any lateral or lower classification, and that employee may be transferred into that classification without competitive testing if both of the following conditions have been satisfied: 1. The employee meets the minimum qualifications of the classification; and, 2. The Department Director approves of the transfer. D. 9/80 Scheduling Plan The City agrees to maintain flex - scheduling where it is currently in place in the Municipal Operations Department. The Building Maintenance, Parks Maintenance, and Beach Maintenance crews will be placed on the 5/40 schedule including the Memorial Day and Labor Day weekends, or any portion of time between these Holidays at the discretion of the General Services Director. The City reserves the right to amend the program as needed to mitigate any operational problems which may arise due to budgetary cutbacks, personnel cuts or shortages, service level complaints, or any other operational reason. Should an operational problem involving service reductions or increases in cost materialize, the Department Director will notify the Association and the employees affected work group of the problem in writing, supported with cause. The Association and /or the employees of the affected work group, will in turn have up to ten (10) working days to respond and schedule a meeting with the Department Director. The purpose of the meeting is to propose a solution to the problem. The Department Director will consider the proposed solution and respond, in writing, within five (5) working days. If the Department Director and the work group disagree on the solution, the Association and /or employees of the affected work group will have up to five (5) working days to appeal the Department Director's decision to the City Manager, who will consider both sides of the issue and resolve the dispute, in a written decision within ten (10) days after the aforementioned meeting. 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. 29 E. Labor Management Committee Committees shall meet on an as needed basis; 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 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. F. Discipline - Notice of Intent 1. 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 process as established in the Employee - Employer Resolution2001 -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. 30 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 by the City Representative, in writing, to the representative within twenty -one (21) calendar d ays. 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. 31 Additionally, the City and NBEL agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 5th step of the grievance procedure. H. 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 1. 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 Subsection 3. below. 2. Promotional Probation (a) An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in Subsection 3, below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. (b) An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. (c) 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. (d) 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 32 to promotion and shall serve the remainder of any probationary period not completed in the former class. 3. 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. J. Accident Reporting The City will require that all traffic collisions involving City vehicles shall be reviewed by the traffic division supervisor of the Newport Beach Police Department to prevent any unnecessary reports from being forwarded to the DMV. Also, the vehicle accident review board will evaluate the supervisor's field report prior to making its preventable /non - preventable determination. K. Iniury Prevention Program (IPP) Until such time as the Injury Prevention Program (IPP) is fully developed the following understandings apply: 1. The City will indemnify and hold harmless from civil and criminal prosecution NBEL members for any liability which might arise out of the City's IPP (mandated by SB198). Once the program has been fully developed and implemented, the IPP will come into full force and effect. 2. The City will take into consideration the adequacy of training prior to issuing discipline or depreciated performance evaluations to employees who have been determined to be in non - compliance to the City's IPP. 3. The City agrees to identify, at the beginning of each department's IPP the individuals who are ultimately responsible for the administration of the plan. 4. The City agrees to incorporate representatives of the NBEL on the IPP safety committees in all departments where the NBEL has representation obligations. 5. The City agrees to include representatives from the NBEL in a meet and consult role, as part of the process which will be employed for the incorporation of changes in the IPP. 33 L. Safety Shoes 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. M. Uniforms It shall be understood by the NBEL and its members that employees who report for work either "out of uniform" or in "dirty" or "otherwise substandard" uniforms will be sent home without additional prior notice and without pay. Such incidents shall further be documented and regularly repeated violations of the uniform standards will subject the employee to progressive discipline up to and including dismissal for negligence and /or misconduct. Employees represented by the NBEL will be permitted to wear specified and approved shorts as part of the City approved optional uniform. The shorts must be dark blue in color, the inseam must be no less than 4 and 1/2 inches after shrinkage. They must be worn in combination with the standard City uniform shirt of the optional (golf style) City uniform shirt, and they must be worn with either white or blue socks. The optional uniform shall be considered proper and acceptable year round. Department Directors may make individual exceptions to this optional uniform agreement through the establishment of Departmental Policy in the interest of reasonable safety considerations. N. Voluntary Training Program The Department shall, when the need for additional or replacement individuals possessing a commercial driver's license is anticipated, establish a voluntary training program that will allow employees to qualify for the license. O. In- Service Supervisory and Safety Training The City will continue its program of providing supervisory and motivational training for Supervisors and Crew Chiefs. The program, will if possible, be expanded to include non - supervisory personnel wherever practical. The equipment operator training program will continue on an as needed basis. Course subject matter may include, but not limited to: interpersonal working 34 relationships, public service, performance evaluation techniques, employee counseling and discipline, harassment avoidance, defensive driving, substance abuse, skills and safety methods and procedures, and wellness. P. Clean -Up Time When necessary, each employee shall be permitted up to fifteen (15) minutes of paid City time at the end of each work shift to perform work related job site and personal clean -up and to put away tools and equipment. The amount of clean -up time shall be limited to the actual needs of the employee. Q. Rest Periods Employees shall be allowed rest period of fifteen (15) minutes during each four (4) consecutive hours of work. Such rest periods shall be scheduled in accordance with the requirements of the Department, but in no case shall rest periods be scheduled within one (1) hours of the beginning of the ending of a work shift or lunch period. The City may designate the location or locations at which rest periods may be taken. Rest periods shall be considered hours worked and employees may be required to perform duties, if necessary. R. Service Awards For the purposes 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. S. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of the Employee Policy Manual, related Departmental Rules and Regulations; Employee /Employer Resolutions and a copy of this Memorandum of Understanding. More information may be included. T. Direct Deposit All newly hired employees shall participate in the payroll direct deposit system. U. Salary on Reclassification 35 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). V. Duration The terms of this MOU are to remain in full force and effect from the first pay period of fiscal year 2012 -13 through the last pay period of fiscal year 2014 -15. Proposals for the succeeding MOU must be submitted on or before March 1, 2015 in accordance with Section 13, Timetable for Submission of Requests of the Employer - Employee Relations Resolution. Upon adoption of a resolution approving this MOU and the terms hereof by the City Council of the City of Newport Beach, this MOU shall be in force and effect as of the first day of the first pay period of fiscal year 2012 -13. W. 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. X 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. IN Executed this day of , 2013: NEWPORT BEACH EMPLOYEES LEAGUE By: Chris Auger, President By: John Partridge, Vice President By: Craig Auger, Secretary By: Landin Miller, Treasurer By: Jamie Newton, OCEA Representative By: Charles Barfield, OCEA Representative CITY OF NEWPORT BEACH 0 Keith Curry, Mayor ATTEST: Leilani Brown, City Clerk IM7 M: Aaron Harp, City Attorney 1 —7&113 C I *A:I1 -3rra CLASSIFICATIONS COVERED UNDER THE NEWPORT BEACH EMPLOYEES LEAGUE BARGAINING UNIT Auto Paint & Body Mechanic Automotive Parts Buyer Automotive Stock Clerk Beach Maintenance Supervisor Concrete Finisher Concrete Maintenance Crew Chief Concrete Supervisor Electrician Electrical Services Crew Chief Electrical Services Supervisor Equipment Mechanic I Equipment Mechanic II Equipment Mechanic, Senior Equipment Maintenance Supervisor Equipment Operator I Equipment Operator II Facilities Maintenance Technician Facilities Maintenance Worker I Facilities Maintenance Worker II Facilities Maintenance Crew Chief Facilities Maintenance Supervisor Groundsworker I Groundsworker II Irrigation Specialist Maintenance Worker I Maintenance Worker II Park Maintenance Crew Chief Park Maintenance Supervisor Parking Lot Supervisor Parking Meter Serviceworker Parking Meter Supervisor Pest Control Technician Refuse Supervisor Refuse Worker I Refuse Worker II Senior Services Van Driver Storm Drain /Street Sweeping Crew Chief Storm Drain /Street Sweeping Supervisor W. Street Maintenance Crew Chief Street Maintenance Supervisor Traffic Painter Transfer Station Crew Chief Transfer Station Operator Utilities Crew Chief Utilities Equipment Specialist Utilities SCADA Coordinator Utilities SCADA Technician Utilities Specialist Utilities Specialist, Sr. Utilities Supervisor Utilities Video Technician Water Production Operator Water Production Supervisor Water Quality Coordinator C39 ATTACHMENT D RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE KEY & MANAGEMENT COMPENSATION PLAN WHEREAS, the City of Newport Beach has employees that are not represented by an exclusively recognized collective bargaining unit and therefore are not covered by a collective bargaining agreement; and WHEREAS, the City Council of the City of Newport Beach has previously established and recognized the unrepresented Key & Management Group, consisting of certain management, professional and confidential classifications; and WHEREAS, the City Council of the City of Newport Beach adopted the Key & Management Compensation Plan ( "Plan ") to provide for salary and benefits for employees in the Key & Management Group for the period July 1, 2010 through June 30, 2012; and WHEREAS, the City Council of the City of Newport Beach desires to modify and adopt a new Plan consistent with terms and conditions of employment of similarly situated employees in other recognized Miscellaneous bargaining units. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE as follows: Section 1. Wages, hours, fringe benefits and other terms of employment of employees included in the Key & Management Group shall be provided in accordance with the provisions of the attached Key & Management Compensation Plan (Exhibit D). Section 2. The term of the Plan will be for thirty -six (36) months, effective retroactively to July 1, 2012, through June 30, 2015. Adopted this day of 2013. M ATTEST: City Clerk Mayor of the City of Newport Beach EXHIRU D City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 INTRODUCTION Consistent with applicable laws, the following represents the salary and benefit program established by the City Council for Key and Management. The Key and Management Compensation Plan shall in no manner be interpreted as a guaranteed or implied contract between the City and any employee or group of employees. The Key and Management Group are divided into five categories: • Executive Management • Administrative Management • Administrative Management- Safety • Division Head • Confidential Appendix A lists all classifications in each category. COMPENSATION A. Salary All Key and Management employees (excluding City Manager, City Attorney, and City Clerk) will receive the following cost of living increases: 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 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. 1 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 `Executive Management salary ranges were recently adopted as part of the Fox Lawson & Associates citywide Classification and Compensation Study. In order to preserve ranges until Study conclusion, Executive Management will advance equivalent to the COLA within the existing range. B. Range Advancement Advancement through the salary range varies depending on the Group to which the employee is assigned: Executive Management - No steps, movement at the discretion of the City Manager. Administrative Management - Five -step range with eligibility for merit step increases on an annual basis. Administrative Management - Safety- Five -step range with eligibility for merit step increases on an annual basis. Division Head - Five -step range with eligibility for merit step increases on an annual basis. Confidential - Eight -step range with eligibility for merit step increases on an annual basis. Salary steps are placed in five percent (5 %) increments within the range for Administrative Management, Administrative Management- Safety, Division Head, and Confidential groups. The manner in which employees advance through the range may be modified at a later date, subject to changes in the City's compensation structure as a result of the Fox Lawson & Associates Classification and Compensation Study. C. Performance Reviews and Anniversary Dates All Key and Management employees hired prior to 12/31/01 will have a December 1, or first full pay period in December, anniversary date. Key and Management employees hired after December 2001 will have an anniversary date based upon hire date and hours of service. All Executive Management performance evaluations will be reviewed by the City Manager prior to implementation of any range advancement. 2 Q E F City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 Bilingual Pay Upon determination of the Department Director that an employee's ability to speak, read and /or write in Spanish or other language as approved, contributes to the Department, the employee shall be eligible to receive $150 per month in bilingual pay. A certification process will be conducted which will confirm that the employee is fluent at the street conversational level in speaking, reading and /or writing Spanish or other approved language. Non - Exempt Overtime and Compensatory Time Off Employees in non - exempt positions are eligible to receive overtime or compensatory time off. Overtime for non - exempt positions shall be paid at one - and- one -half (1Y2) times the employee's regular rate of pay. Overtime work must be approved by the employee's supervisor. Compensatory time off for non- exempt positions shall accrue at the rate of one - and - one -half (1'/) times for every overtime hour.worked. 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. Jury Duty An Employee called to serve as a juror shall notify his /her Supervisor on the first Workday following receipt of the summons. Any Employee of the City legally required to serve as a juror shall be entitled to leave with pay and all benefits for a period of up to sixty (60) days so long as his /her presence is legally required. I FAVFS A. Holidays Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve Observed July 4 First Monday in September November 11 Fourth Thursday in November Friday following Thanksgiving December 24 - last half of working day December 25 December 31- last half of working day k1 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 New Year's Day January 1 Martin Luther King Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Floating Holiday (1) July 15` For 2012 only, the % day Christmas Eve and % day New Years Eve holidays will be considered full day 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 9180 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 9180 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. 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 on the following Monday. (Half day holidays shall be observed prior to the observed holiday). Flex Leave Regular full -time employees in the Administrative Management, Administrative Management- Safety, Division Head and Confidential categories enrolled in the flex leave program will earn leave according to the following schedule: Years of Continuous Hrs Accrued Annual Maximum Service per PaY Period D� Allowable Balance (hours) 1 but less than 5 5.54 18 432.12 5 but less than 9 6.15 20 479.70 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, employees shall accrue Flex leave at the following rates (superseding the rates listed above): 51 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 Maximum Years of Continuous Hrs Accrued Annual Allowable Service per Pay Period hours Balance (hours) 1 but 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 7.23 189.98 563.94 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 Spillover: Employees hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the employee's maximum accrual rate (spillover) provided that they utilized at least 80 hours flex leave the previous calendar year Employees with 16 or more years of continuous service are required to use 120 hours of flex leave the previous calendar year. Regular full -time employees in the Executive Management category will earn flex leave according to the following schedule: Effective the pay period including January 1, 2013, employees shall accrue Flex leave at the following rates (superseding the rates listed above): Maximum Years of Continuous Hrs Accrued Annual Allowable Service per Pay Period hours Balance (hours) 1 but less than 15 8.31 216.06 648 15 and over 9.23 239.98 720 Effective the pay period including January 1, 2013, employees shall accrue Flex leave at the following rates (superseding the rates listed above): During the first six months of full -time employment, new regular employees shall not accrue paid leave. At the completion of six months of employment six months of accrued leave will be placed in the employee's account. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of accrued flex leave time to be used for the illness only. If the employee terminates employment prior to six (6) months, E Maximum Years of Continuous Hrs Accrued Annual Allowable Service Per Pay Period hours Balance (hours) 1 but less than 15 8.77 228 684.06 15 and over 9.69 252 755.82 During the first six months of full -time employment, new regular employees shall not accrue paid leave. At the completion of six months of employment six months of accrued leave will be placed in the employee's account. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of accrued flex leave time to be used for the illness only. If the employee terminates employment prior to six (6) months, E City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 the employee will repay the equivalent to the number of Flex leave days that were advanced to the employee. Any Flex leave time advanced during the first six (6) 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 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. C. Sick Leave Key and Management employees employed by the City prior to initiation of the flex leave program had separate sick and vacation leave banks. With the initiation of the flex leave program, vacation leave was converted to flex leave on an hour for hour basis and any sick leave hours remained in a bank to be used as provided in Section 11.2 (Sick Leave) of the Employee Policy Manual. D. Dependent Care Employees may use up to 1/2 of Flex Leave accrued per year to provide care for any member of the employee's immediate family in need of care due to illness or injury. E. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee having a regular or probationary appointment because of a death or terminal illness in his /her immediate family." For the purposes of this section, immediate family shall mean father, mother (including step), brother, sister, spouse /domestic partner, child, and grandparents, or the employee's R City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 spouses /domestic partner's father, mother, brother, sister, child and grandparents. Employees shall be entitled to 40 hours of bereavement leave per incident per year. F. Administrative Leave All overtime, either paid or compensatory time off, will be eliminated for FLSA exempt Management personnel. In its place, Administrative Leave will be granted, for a minimum of 8 hours and a maximum of 80 hours, to be determined by the Department Director with the concurrence of the City Manager, based upon the number of overtime hours normally worked by the individual exempt employee. 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. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 2 (a), Retiree Medical Benefits. For the term of this Compensation Plan the Part C contributions for Flex/Vacation will be at 30 %. BENEFITS A. Insurance 1. Medical and Dental Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CalPERS participating employer's contribution towards medical insurance for employees enrolled in a CaIPERS medical plan, per Government Code Section 22892. Effective the first pay issue in January 2093, the City's contribution towards the Cafeteria Plan will increase to $9,349 (plus the minimum CaIPERS participating employers contribution). Effective the first pay issue in January 2094, the City's contribution towards the Cafeteria Plan will increase to $9,449 (plus the minimum CaIPERS participating employer's contribution). 7 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 Effective the first pay issue in January 2015, the City's contribution towards the Cafeteria Plan will increase to $1,549 (plus the minimum Ca /PERS participating employer's contribution). 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. Key and Management employees 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 Compensation Plan, and who execute an opt -out agreement, will receive a maximum cafeteria allowance of $600 per month. 2. Vision Insurance Employees may purchase vision insurance upon hire and during benefits open enrollment. 3. Healthcare Reform 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 with the City's Miscellaneous bargaining units, cafeteria and /or healthcare benefits for employees in the Key and Management Group will be similarly provided. 4. Disability Insurance The City shall provide disability insurance with the following provisions: E:7 IN City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 Weekly Benefit Maximum Monthly Benefit Minimum Benefit Waiting Period 66.67% gross weekly wages $10,000 $15 (STD)f$100 (LTD) 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Employees are responsible for the payment of the disability insurance cost in the amount of one (1 %) percent of base salary. Additional Benefits 1. IRS Section 125 Flexible Spending Account The City provides a qualified Section 125 Flexible Spending Account which authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. 2. Life Insurance The City shall provide life insurance for all regular full -time employees in $1,000 increments based on annual salary up to $50,000. 3. Employee Assistance Program Employees are eligible to receive EAP benefits, which provide confidential counseling and education on work and life issues, subject to provider guidelines. Retirement Benefits 1. PERS Retirement Formula The City contracts with California Public Employees Retirement System (PERS) to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits: City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 Tier 1: For employees hired by the City on or before November 23, 2012, the retirement formula shall be 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, 2012 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, The City's contract with PERS also provides the 4th Level 1959 Survivor 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. Employee Contributions Key and Management employees will contribute additional amounts toward the PERS retirement benefit, to the extent permissible by law. By June 2015 Key and Management 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(o. Tier 1 Employees: Effective upon City Council approval of the Compensation Plan :, 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 the prior Compensation Plan, and 2) the City will eliminate reporting the value of the 2.42% Employer Paid Member Contribution (EPMC) as special compensation. 10 City of Newport Beach KEY AND MAINAGENIEINT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 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 (t), 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 %; and 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: Upon City Council approval of the Compensation Plan, 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(1), 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 for a total of 10.90 %; and 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 FYI 2-13, 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(f), 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 11 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 additional contribution made by the employee under 20516(1) 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 FYI 5-16 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(1) will be increased or decreased accordingly, such that the total contribution equals 12.35 %, 3. LIUNA Supplemental Pension The City shall contribute, on behalf of each Key and Management employee, 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 Key & Management employees 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 Key & Management Group. 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. Key & Management employees who leave City employment prior to vesting in the LIUNA pension plan will have no right to the return of amounts contributed, or other recourse against the City concerning LIUNA. 12 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 As of date of adoption of this Compensation Plan, pursuant to Government Code 7518.22(c) under the California 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. D. Retiree Medical Benefits 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit' retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006, was less than 50 (46 for public safety employees). C. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2006. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan (formerly the Medical Expense Reimbursement Program - WERP "). a. For employees in Category 1 the program is structured as follows: Each employee will have an individual RHS account (Employee Account). This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan 13 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 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 aye (updated every January 15t based on status as of December 315 of the prior year). Part C contributions (leave settlement as determined by Key and Management employees): Key and Management employees will determine the level of contribution, subject to the following constraints. All employees within Key and Management must participate at the same level. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if Key and Management employees determine 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. 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. Sick leave participation is a separate item from vacation /flex leave participation, and thresholds must be separately identified by the Key and Management group. Key and Management employees have agreed to Part C contributions at the level of 0% of sick leave and 30% of Flex 14 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 leave. This amount may be changed, on a go forward basis, as determined among the Key and Management group. Nothing in this section restricts taking leave for time off purposes. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. 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 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. 15 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The City's Part B contributions during active employment constitute the minimum CalPERS participating employer's contribution towards medical insurance after retirement. In addition, retirees selecting a CalPERS medical plan or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2 the program is the same as for those in Category 1 with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one -time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. 16 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 Employees in this category will also receive an additional one -time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement, and the $400 City contribution after retirement can be used for any IRS authorized purpose not just City insurance premiums. Effective July 1, 2006, a RHS account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). E. Tuition Reimbursement Key and Management employees 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 17 City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 tuition reimbursement for employees shall be $1,400 per fiscal year. Effective January 1, 2013, reimbursement will increase by $100, 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. MISCELLANEOUS A. Probationary Period Newly hired employees shall serve a twelve -month probationary period. Any employee who is promoted shall be required to successfully complete a six (6) month probationary period in the new position. All Executive Management positions serve at -will and can be released from employment at any time. The City Manager, City Attorney and City Clerk serve at the pleasure of the City Council. B. Direct Deposit All newly hired employees shall participate in the payroll direct deposit system. C. Exempt and Non - exempt Status All classifications in Key and Management are classified as exempt under the FLSA, with the following exceptions: Deputy City Clerk Administrative Assistants to the Police Chief, Fire Chief, City Attorney, Assistant City Manager, and Human Resources Director Administrative Assistant - Confidential Administrative Support Services Coordinator Executive Assistant to the City Manager Human Resources Specialist 1 /11 Human Resources Analyst Budget Analyst Paralegal Public Information Specialist Legal Assistant In City of Newport Beach KEY AND MANAGEMENT COMPENSATION PLAN Effective July 1, 2012 through June 30, 2015 D. 9/80 Scheduling Plan The City agrees to maintain flex - scheduling where it is currently operating successfully. Any new flex scheduling must be approved by the City Manager prior to implementation. 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. Employee Policy Manual The City of Newport Beach's Employee Policy Manual shall govern all issues not addressed in this document with respect to wages, hours and other terms and conditions of employment. Revised 1/16/2013 19 Appendix A Key & Management Classifications 2012 -2015 Administrative Management Confidential Assistant City Attorney Deputy Director, Community Development Deputy Director, Finance Deputy Director, Municipal Operations Deputy Director, PW /City Engineer IT Manager Police Support Services Administrator Utilities General Manager Administrative Management - Safety Assistant Chief, Fire Assistant Chief, Lifeguard Operations Assistant Chief. Police Division Heads Accounting Manager Administrative Manager Assistant City Engineer Assistant to the City Manager Building Manager /CBO Budget Manager Chief Building Inspector City Traffic Engineer Civil Engineer, Principal Civil Engineer, Principal — Plan Check Code & Water Quality Enforcement Div. Mgr Deputy City Attorney Equipment Maintenance Superintendent Field Maintenance Superintendent Harbor Resources Manager Human Resources /Risk Mgmt Administrator Library Services Manager Operations Support Superintendent Park & Tree Superintendent Planning Manager Public Information Manager PW Finance /Admin Manager Recreation Manager Recreation Superintendent Refuse Superintendent Revenue Manager Senior Services Manager Systems & Administrative Manager Administrative Analyst Administrative Assistant - Confidential Administrative Assistant to Asst City Manager Administrative Assistant to City Attorney Administrative Assistant to Fire Chief Administrative Assistant to HR Director Administrative Assistant to Police Chief Administrative Support Services Coordinator Assistant City Clerk Budget Analyst Budget Analyst, Senior Deputy City Clerk EMS Manager Executive Assistant to City Manager Facilities Manager Human Resources Analyst Human Resources Analyst, Senior Human Resources Specialist I /II Human Resources Supervisor Legal Assistant Paralegal Principal Planner Public Information Specialist Purchasing Agent Executive Management Assistant City Manager City Attorney City Clerk City Manager Community Development Director Deputy City Manager/ Human Resources Director Finance Director/Treasurer Fire Chief Library Services Director Municipal Operations Director Police Chief Public Works Director Recreation and Senior Services Director Revised 1111113 ATTACHMENT E RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RESCINDING RESOLUTION NOS. 2010 -139 THROUGH 2010 -142 AND 2011 -13 TO MODIFY THE PAYING AND REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) FOR EMPLOYEES REPRESENTED BY THE CITY EMPLOYEES ASSOCIATION, PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION, EMPLOYEES LEAGUE, AND KEY AND MANAGEMENT (UNREPRESENTED) AND PART -TIME EMPLOYEES (RESPECTIVELY) WHEREAS, the City Council of the City of Newport Beach previously adopted Resolutions Nos. 2010 -139 through 2010 -142 and 2011 -13, to pay and report a portion of the value of the Employer Paid Member Contribution (EPMC) to CalPERS for employees represented by the City Employees Association, Professional and Technical Employees Association, Employees League and Key & Management (unrepresented) and Part-time employees; and WHEREAS, the City Council of the City of Newport Beach has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691 to report the value of the Employer Paid Member Contribution if provided for in a labor agreement; and WHEREAS, the City Council of the City of Newport Beach and the City Employees Association, Professional and Technical Employees Association, Employees League, and Key & Management and Part-Time employee groups have a written agreement which provides a portion of the normal member contribution to be paid by the employer and reported as additional compensation; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Newport Beach of a resolution to modify the paying and reporting of the EPMC; and WHEREAS, the City Council of the City of Newport Beach has identified the following conditions for the purpose of its election to pay and report the value of the EPMC. NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE to pay and report the value of EPMC as follows: Section 1. This benefit shall apply to all Miscellaneous employees represented by the City Employees Association, Professional and Technical Employees Association, Employees League, and Key & Management group and Part-time employees. Section 2. Effective the pay period following adoption of this Resolution the benefit shall be modified to consist of paying 0% of the normal contributions as EPMC (value) as compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. Adopted this day of 2013. ma ATTEST: City Clerk Mayor of the City of Newport Beach