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C-2051 - MOU's - Newport Beach Professional and Technical Employees Association (NBPTEA)
SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into by and between the City of Newport Beach ("City") and the Newport Beach Professional and Technical Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022, through December 31, 2025; WHEREAS, to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; WHEREAS, on Majjh 1 1, , 2023, this Agreement was ratified by the Association; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 2, Compensation, of the MOU is amended to add the following to Subsection A, which shall read as follows: Salary Schedule Adjustment Effective the pay period which includes July 1, 2023, the City will add a new top step ("New Top Step") to the salary schedule for all represented positions, which shall be five percent (5%) more than the current top step ("Current Top Step"). The Parties acknowledge and agree that the first step for all represented positions currently in effect is not being eliminated. With the following exception, step advancement through the salary ranges is unaffected by the addition of the New Top Step: Employees who have been at the Current Top Step for longer than 12 months as of June 30, 2023, will advance to the New Top Step in the pay period which includes July 1, 2023. 2. Exhibit "A" of the MOU is replaced in its entirety with Exhibit A to this Agreement, which is attached hereto and incorporated herein by this reference. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page NBPTEA Side Letter Agreement — July 2023 Executed this � l day of Q PR ► L 2023. FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: By: I, twAt14A '-�- Moniql& Navarrete, President FOR THE CITY OF CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: C Aa on C. Harp, City Attorney ATTEST: r By: 0 Leilani Bro w"ni City Clerk Attachment: Exhibit A — Salary Schedule NBPTEA Side Letter Agreement — July 2023 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Accountant 30 1 $ 35.18 $ 6,097 $ 73,170 Accountant 30 2 $ 36.92 $ 6,400 $ 76,796 Accountant 30 3 $ 38.77 $ 6,721 $ 80,646 Accountant 30 4 $ 40.74 $ 7,062 $ 84,744 Accountant 30 5 $ 42.74 $ 7,408 $ 88,891 Accountant 30 6 $ 44.91 $ 7,784 $ 93,412 Accountant 30 7 $ 47.08 $ 8,161 $ 97,932 Accountant 30 8 $ 49.42 $ 8,567 $ 102,800 Accountant 30 9 $ 51.89 $ 8,995 $ 107,940 Accountant, Senior 31 1 $ 40.41 $ 7,004 $ 84,048 Accountant, Senior 31 2 $ 42.46 $ 7,360 $ 88,320 Accountant, Senior 31 3 $ 44.55 $ 7,722 $ 92,667 Accountant, Senior 31 4 $ 46.82 $ 8,116 $ 97,386 Accountant, Senior 31 5 $ 49.15 $ 8,519 $ 102,229 Accountant, Senior 31 6 $ 51.60 $ 8,943 $ 107,321 Accountant, Senior 31 7 $ 54.15 $ 9,386 $ 112,636 Accountant, Senior 31 8 $ 56.86 $ 9,856 $ 118,274 Accountant, Senior 31 9 $ 59.71 $ 10,349 $ 124,187 Building Inspector I 33A 1 $ 34.70 $ 6,015 $ 72,176 Building Inspector I 33A 2 $ 36.42 $ 6,313 $ 75,753 Building Inspector I 33A 3 $ 38.25 $ 6,629 $ 79,553 Building Inspector I 33A 4 $ 40.19 $ 6,967 $ 83,602 Building Inspector I 33A 5 $ 42.16 $ 7,308 $ 87,700 Building Inspector I 33A 6 $ 44.28 $ 7,675 $ 92,096 Building Inspector I 33A 7 $ 46.49 $ 8,058 $ 96,691 Building Inspector I 33A 8 $ 48.83 $ 8,463 $ 101,559 Building Inspector I 33A 9 $ 51.27 $ 8,886 $ 106,636 Building Inspector II 36 1 $ 37.28 $ 6,462 $ 77,542 Building Inspector II 36 2 $ 39.17 $ 6,789 $ 81,465 Building Inspector II 36 3 $ 41.12 $ 7,128 $ 85,538 Building Inspector II 36 4 $ 43.19 $ 7,486 $ 89,836 Building Inspector II 36 5 $ 45.34 $ 7,859 $ 94,306 Building Inspector II 36 6 $ 47.60 $ 8,250 $ 99,000 Building Inspector II 36 7 $ 49.97 $ 8,662 $ 103,943 Building Inspector II 36 8 $ 52.48 $ 9,097 $ 109,159 Building Inspector 11 36 9 $ 55.10 $ 9,551 $ 114,617 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Building Inspector, Principal 99 1 $ 44.19 $ 7,660 $ 91,922 Building Inspector, Principal 99 2 $ 46.39 $ 8,041 $ 96,492 Building Inspector, Principal 99 3 $ 48.71 $ 8,443 $ 101,310 Building Inspector, Principal 99 4 $ 51.12 $ 8,861 $ 106,327 Building Inspector, Principal 99 5 $ 53.69 $ 9,306 $ 111,667 Building Inspector, Principal 99 6 $ 56.38 $ 9,773 $ 117,280 Building Inspector, Principal 99 7 $ 59.19 $ 10,260 $ 123,117 Building Inspector, Principal 99 8 $ 62.18 $ 10,777 $ 129,327 Building Inspector, Principal 99 9 $ 65.29 $ 11,316 $ 135,793 Building Inspector, Senior 44A 1 $ 40.09 $ 6,948 $ 83,378 Building Inspector, Senior 44A 2 $ 42.08 $ 7,294 $ 87,526 Building Inspector, Senior 44A 3 $ 44.22 $ 7,664 $ 91,972 Building Inspector, Senior 44A 4 $ 46.40 $ 8,043 $ 96,517 Building Inspector, Senior 44A 5 $ 48.74 $ 8,449 $ 101,384 Building Inspector, Senior 44A 6 $ 51.12 $ 8,861 $ 106,327 Building Inspector, Senior 44A 7 $ 53.75 $ 9,316 $ 111,791 Building Inspector, Senior 44A 8 $ 56.42 $ 9,780 $ 117,355 Building Inspector, Senior 44A 9 $ 59.24 $ 10,269 $ 123,222 Civil Engineer 95 1 $ 48.83 $ 8,463 $ 101,559 Civil Engineer 95 2 $ 51.32 $ 8,896 $ 106,750 Civil Engineer 95 3 $ 53.85 $ 9,335 $ 112,015 Civil Engineer 95 4 $ 56.54 $ 9,800 $ 117,603 Civil Engineer 95 5 $ 59.39 $ 10,295 $ 123,539 Civil Engineer 95 6 $ 62.37 $ 10,810 $ 129,724 Civil Engineer 95 7 $ 65.46 $ 11,346 $ 136,156 Civil Engineer 95 8 $ 68.74 $ 11,916 $ 142,986 Civil Engineer 95 9 $ 72.18 $ 12,511 $ 150,136 Civil Engineer, Associate 90 1 $ 46.56 $ 8,070 $ 96,839 Civil Engineer, Associate 90 2 $ 48.87 $ 8,471 $ 101,658 Civil Engineer, Associate 90 3 $ 51.35 $ 8,900 $ 106,799 Civil Engineer, Associate 90 4 $ 53.88 $ 9,339 $ 112,065 Civil Engineer, Associate 90 5 $ 56.58 $ 9,806 $ 117,678 Civil Engineer, Associate 90 6 $ 59.41 $ 10,297 $ 123,564 Civil Engineer, Associate 90 7 $ 62.39 $ 10,814 $ 129,773 Civil Engineer, Associate 90 8 $ 65.47 $ 11,348 $ 136,181 Civil Engineer, Associate 90 9 $ 68.75 $ 11,916 $ 142,990 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Civil Engineer, Senior 98 1 $ 53.79 $ 9,324 $ 111,890 Civil Engineer, Senior 98 2 $ 56.46 $ 9,786 $ 117,429 Civil Engineer, Senior 98 3 $ 59.29 $ 10,276 $ 123,316 Civil Engineer, Senior 98 4 $ 62.25 $ 10,790 $ 129,475 Civil Engineer, Senior 98 5 $ 65.38 $ 11,332 $ 135,983 Civil Engineer, Senior 98 6 $ 68.64 $ 11,897 $ 142,763 Civil Engineer, Senior 98 7 $ 72.06 $ 12,491 $ 149,892 Civil Engineer, Senior 98 8 $ 75.67 $ 13,116 $ 157,392 Civil Engineer, Senior 98 9 $ 79.45 $ 13,772 $ 165,262 Code Enforcement Officer 1 23 1 $ 29.43 $ 5,102 $ 61,223 Code Enforcement Officer 1 23 2 $ 30.90 $ 5,356 $ 64,278 Code Enforcement Officer 1 23 3 $ 32.46 $ 5,626 $ 67,507 Code Enforcement Officer 1 23 4 $ 34.09 $ 5,909 $ 70,910 Code Enforcement Officer 1 23 5 $ 35.79 $ 6,203 $ 74,436 Code Enforcement Officer 1 23 6 $ 37.59 $ 6,516 $ 78,187 Code Enforcement Officer 1 23 7 $ 39.45 $ 6,838 $ 82,061 Code Enforcement Officer 1 23 8 $ 41.42 $ 7,180 $ 86,159 Code Enforcement Officer 1 23 9 $ 43.49 $ 7,539 $ 90,467 Code Enforcement Officer 11 35A 1 $ 33.86 $ 5,870 $ 70,438 Code Enforcement Officer II 35A 2 $ 35.56 $ 6,164 $ 73,965 Code Enforcement Officer II 35A 3 $ 37.34 $ 6,472 $ 77,666 Code Enforcement Officer II 35A 4 $ 39.23 $ 6,799 $ 81,590 Code Enforcement Officer 11 35A 5 $ 41.14 $ 7,130 $ 85,563 Code Enforcement Officer 11 35A 6 $ 43.26 $ 7,499 $ 89,984 Code Enforcement Officer 11 35A 7 $ 45.35 $ 7,861 $ 94,331 Code Enforcement Officer II 35A 8 $ 47.69 $ 8,267 $ 99,199 Code Enforcement Officer II 35A 9 $ 50.08 $ 8,680 $ 104,159 Code Enforcement Officer, Senior 47 1 $ 38.12 $ 6,607 $ 79,280 Code Enforcement Officer, Senior 47 2 $ 40.03 $ 6,938 $ 83,254 Code Enforcement Officer, Senior 47 3 $ 42.01 $ 7,281 $ 87,377 Code Enforcement Officer, Senior 47 4 $ 44.15 $ 7,652 $ 91,823 Code Enforcement Officer, Senior 47 5 $ 46.32 $ 8,029 $ 96,342 Code Enforcement Officer, Senior 47 6 $ 48.64 $ 8,430 $ 101,161 Code Enforcement Officer, Senior 47 7 $ 51.07 $ 8,852 $ 106,228 Code Enforcement Officer, Senior 47 8 $ 53.63 $ 9,295 $ 111,543 Code Enforcement Officer, Senior 47 9 $ 56.31 $ 9,760 $ 117,120 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Code Enforcement Officer, Trainee 29 1 $ 24.54 $ 4,253 $ 51,040 Code Enforcement Officer, Trainee 29 2 $ 25.76 $ 4,464 $ 53,574 Code Enforcement Officer, Trainee 29 3 $ 27.05 $ 4,688 $ 56,256 Code Enforcement Officer, Trainee 29 4 $ 28.40 $ 4,922 $ 59,063 Code Enforcement Officer, Trainee 29 5 $ 29.82 $ 5,168 $ 62,018 Code Enforcement Officer, Trainee 29 6 $ 31.31 $ 5,427 $ 65,122 Code Enforcement Officer, Trainee 29 7 $ 32.87 $ 5,698 $ 68,376 Code Enforcement Officer, Trainee 29 8 $ 34.52 $ 5,984 $ 71,804 Code Enforcement Officer, Trainee 29 9 $ 36.25 $ 6,283 $ 75,394 Code Enforcement Supervisor 99A 1 $ 44.19 $ 7,660 $ 91,922 Code Enforcement Supervisor 99A 2 $ 46.39 $ 8,041 $ 96,492 Code Enforcement Supervisor 99A 3 $ 48.71 $ 8,443 $ 101,310 Code Enforcement Supervisor 99A 4 $ 51.12 $ 8,861 $ 106,327 Code Enforcement Supervisor 99A 5 $ 53.69 $ 9,306 $ 111,667 Code Enforcement Supervisor 99A 6 $ 56.38 $ 9,773 $ 117,280 Code Enforcement Supervisor 99A 7 $ 59.19 $ 10,260 $ 123,117 Code Enforcement Supervisor 99A 8 $ 62.18 $ 10,777 $ 129,327 Code Enforcement Supervisor 99A 9 $ 65.29 $ 11,316 $ 135,793 Construction Inspection Supervisor 90A 1 $ 44.19 $ 7,660 $ 91,922 Construction Inspection Supervisor 90A 2 $ 46.39 $ 8,041 $ 96,492 Construction Inspection Supervisor 90A 3 $ 48.71 $ 8,443 $ 101,310 Construction Inspection Supervisor 90A 4 $ 51.12 $ 8,861 $ 106,327 Construction Inspection Supervisor 90A 5 $ 53.69 $ 9,306 $ 111,667 Construction Inspection Supervisor 90A 6 $ 56.38 $ 9,773 $ 117,280 Construction Inspection Supervisor 90A 7 $ 59.19 $ 10,260 $ 123,117 Construction Inspection Supervisor 90A 8 $ 62.18 $ 10,777 $ 129,327 Construction Inspection Supervisor 90A 9 $ 65.29 $ 11,316 $ 135,793 Elect, Mech and Plumb Plans Examiner 90B 1 $ 46.56 $ 8,070 $ 96,839 Elect, Mech and Plumb Plans Examiner 90B 2 $ 48.87 $ 8,471 $ 101,658 Elect, Mech and Plumb Plans Examiner 90B 3 $ 51.35 $ 8,900 $ 106,799 Elect, Mech and Plumb Plans Examiner 90B 4 $ 53.88 $ 9,339 $ 112,065 Elect, Mech and Plumb Plans Examiner 90B 5 $ 56.58 $ 9,806 $ 117,678 Elect, Mech and Plumb Plans Examiner 90B 6 $ 59.41 $ 10,297 $ 123,564 Elect, Mech and Plumb Plans Examiner 90B 7 $ 62.39 $ 10,814 $ 129,773 Elect, Mech and Plumb Plans Examiner 90B 8 $ 65.47 $ 11,348 $ 136,181 Elect, Mech and Plumb Plans Examiner 90B 9 $ 68.75 $ 11,916 $ 142,990 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Engineer, Associate 85 1 $ 44.31 $ 7,681 $ 92,170 Engineer, Associate 85 2 $ 46.56 $ 8,070 $ 96,839 Engineer, Associate 85 3 $ 48.87 $ 8,471 $ 101,658 Engineer, Associate 85 4 $ 51.35 $ 8,900 $ 106,799 Engineer, Associate 85 5 $ 53.88 $ 9,339 $ 112,065 Engineer, Associate 85 6 $ 56.58 $ 9,806 $ 117,678 Engineer, Associate 85 7 $ 59.41 $ 10,297 $ 123,564 Engineer, Associate 85 8 $ 62.39 $ 10,814 $ 129,773 Engineer, Associate 85 9 $ 65.51 $ 11,355 $ 136,262 Engineer, Junior 54 1 $ 40.09 $ 6,948 $ 83,378 Engineer, Junior 54 2 $ 42.07 $ 7,292 $ 87,501 Engineer, Junior 54 3 $ 44.24 $ 7,668 $ 92,021 Engineer, Junior 54 4 $ 46.39 $ 8,041 $ 96,492 Engineer, Junior 54 5 $ 48.74 $ 8,449 $ 101,384 Engineer, Junior 54 6 $ 51.13 $ 8,863 $ 106,352 Engineer, Junior 54 7 $ 53.75 $ 9,316 $ 111,791 Engineer, Junior 54 8 $ 56.44 $ 9,784 $ 117,405 Engineer, Junior 54 9 $ 59.27 $ 10,273 $ 123,275 Engineering Technician 15 1 $ 30.70 $ 5,321 $ 63,856 Engineering Technician 15 2 $ 32.23 $ 5,586 $ 67,035 Engineering Technician 15 3 $ 33.88 $ 5,872 $ 70,463 Engineering Technician 15 4 $ 35.56 $ 6,164 $ 73,965 Engineering Technician 15 5 $ 37.35 $ 6,474 $ 77,690 Engineering Technician 15 6 $ 39.21 $ 6,797 $ 81,565 Engineering Technician 15 7 $ 41.14 $ 7,130 $ 85,563 Engineering Technician 15 8 $ 43.26 $ 7,499 $ 89,984 Engineering Technician 15 9 $ 45.42 $ 7,874 $ 94,484 Engineering Technician, Senior 35D 1 $ 33.86 $ 5,870 $ 70,438 Engineering Technician, Senior 35D 2 $ 35.56 $ 6,164 $ 73,965 Engineering Technician, Senior 35D 3 $ 37.34 $ 6,472 $ 77,666 Engineering Technician, Senior 35D 4 $ 39.23 $ 6,799 $ 81,590 Engineering Technician, Senior 35D 5 $ 41.14 $ 7,130 $ 85,563 Engineering Technician, Senior 35D 6 $ 43.26 $ 7,499 $ 89,984 Engineering Technician, Senior 35D 7 $ 45.35 $ 7,861 $ 94,331 Engineering Technician, Senior 35D 8 $ 47.69 $ 8,267 $ 99,199 Engineering Technician, Senior 35D 9 $ 50.08 $ 8,680 $ 104,159 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step IT Analyst 61 1 $ 39.76 $ 6,892 $ 82,708 IT Analyst 61 2 $ 41.76 $ 7,238 $ 86,855 IT Analyst 61 3 $ 43.82 $ 7,596 $ 91,152 IT Analyst 61 4 $ 46.01 $ 7,975 $ 95,697 IT Analyst 61 5 $ 48.32 $ 8,376 $ 100,515 IT Analyst 61 6 $ 50.74 $ 8,794 $ 105,533 IT Analyst 61 7 $ 53.28 $ 9,235 $ 110,822 IT Analyst 61 8 $ 55.93 $ 9,695 $ 116,337 IT Analyst 61 9 $ 58.73 $ 10,179 $ 122,154 IT Analyst, Senior 41 1 $ 44.16 $ 7,654 $ 91,847 IT Analyst, Senior 41 2 $ 46.34 $ 8,033 $ 96,393 IT Analyst, Senior 41 3 $ 48.64 $ 8,430 $ 101,161 IT Analyst, Senior 41 4 $ 51.07 $ 8,852 $ 106,228 IT Analyst, Senior 41 5 $ 53.64 $ 9,297 $ 111,568 IT Analyst, Senior 41 6 $ 56.35 $ 9,767 $ 117,206 IT Analyst, Senior 41 7 $ 59.14 $ 10,251 $ 123,017 IT Analyst, Senior 41 8 $ 62.10 $ 10,765 $ 129,178 IT Analyst, Senior 41 9 $ 65.21 $ 11,303 $ 135,636 IT Specialist III 45 1 $ 36.89 $ 6,393 $ 76,721 IT Specialist III 45 2 $ 38.72 $ 6,712 $ 80,546 IT Specialist III 45 3 $ 40.66 $ 7,047 $ 84,570 IT Specialist III 45 4 $ 42.69 $ 7,399 $ 88,793 IT Specialist III 45 5 $ 44.85 $ 7,774 $ 93,287 IT Specialist III 45 6 $ 47.05 $ 8,155 $ 97,858 IT Specialist III 45 7 $ 49.40 $ 8,563 $ 102,751 IT Specialist III 45 8 $ 51.89 $ 8,995 $ 107,941 IT Specialist III 45 9 $ 54.49 $ 9,445 $ 113,338 IT Technician 28 1 $ 26.36 $ 4,570 $ 54,837 IT Technician 28 2 $ 27.67 $ 4,797 $ 57,559 IT Technician 28 3 $ 29.06 $ 5,037 $ 60,441 IT Technician 28 4 $ 30.51 $ 5,288 $ 63,457 ITTechnician 28 5 $ 32.03 $ 5,553 $ 66,632 IT Technician 28 6 $ 33.64 $ 5,831 $ 69,968 ITTechnician 28 7 $ 35.32 $ 6,122 $ 73,463 ITTechnician 28 8 $ 37.09 $ 6,429 $ 77,146 ITTechnician 28 9 $ 38.94 $ 6,750 $ 81,003 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step IT Technician, Senior 16 1 $ 31.64 $ 5,485 $ 65,818 IT Technician, Senior 16 2 $ 33.22 $ 5,758 $ 69,097 IT Technician, Senior 16 3 $ 34.89 $ 6,048 $ 72,573 IT Technician, Senior 16 4 $ 36.63 $ 6,350 $ 76,200 IT Technician, Senior 16 5 $ 38.46 $ 6,667 $ 80,000 IT Technician, Senior 16 6 $ 40.38 $ 7,000 $ 83,999 IT Technician, Senior 16 7 $ 42.43 $ 7,354 $ 88,246 IT Technician, Senior 16 8 $ 44.52 $ 7,716 $ 92,593 IT Technician, Senior 16 9 $ 46.74 $ 8,102 $ 97,222 Management Assistant 37 1 $ 34.75 $ 6,023 $ 72,276 Management Assistant 37 2 $ 36.47 $ 6,321 $ 75,853 Management Assistant 37 3 $ 38.28 $ 6,636 $ 79,627 Management Assistant 37 4 $ 40.22 $ 6,971- $ 83,651 Management Assistant 37 5 $ 42.27 $ 7,327 $ 87,923 Management Assistant 37 6 $ 44.32 $ 7,683 $ 92,195 Management Assistant 37 7 $ 46.58 $ 8,074 $ 96,890 Management Assistant 37 8 $ 48.91 $ 8,478 $ 101,733 Management Assistant 37 9 $ 51.36 $ 8,902 $ 106,819 Permit Counter Supervisor 39 1 $ 37.24 $ 6,456 $ 77,466 Permit Counter Supervisor 39 2 $ 39.14 $ 6,785 $ 81,416 Permit Counter Supervisor 39 3 $ 41.06 $ 7,118 $ 85,414 Permit Counter Supervisor 39 4 $ 43.17 $ 7,482 $ 89,786 Permit Counter Supervisor 39 5 $ 45.29 $ 7,851 $ 94,207 Permit Counter Supervisor 39 6 $ 47.57 $ 8,246 $ 98,951 Permit Counter Supervisor 39 7 $ 49.96 $ 8,660 $ 103,918 Permit Counter Supervisor 39 8 $ 52.42 $ 9,086 $ 109,035 Permit Counter Supervisor 39 9 $ 55.04 $ 9,541 $ 114,486 Permit Technician I 24 1 $ 29.28 $ 5,075 $ 60,900 Permit Technician 1 24 2 $ 30.74 $ 5,328 $ 63,930 Permit Technician 1 24 3 $ 32.28 $ 5,595 $ 67,135 Permit Technician 1 24 4 $ 33.86 $ 5,870 $ 70,438 Permit Technician 1 24 5 $ 35.56 $ 6,164 $ 73,965 Permit Technician 1 24 6 $ 37.34 $ 6,472 $ 77,666 Permit Technician 1 24 7 $ 39.23 $ 6,799 $ 81,590 Permit Technician 1 24 8 $ 41.14 $ 7,130 $ 85,563 Permit Technician 1 24 9 $ 43.19 $ 7,487 $ 89,841 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Permit Technician II 35 1 $ 33.86 $ 5,870 $ 70,438 Permit Technician II 35 2 $ 35.56 $ 6,164 $ 73,965 Permit Technician II 35 3 $ 37.34 $ 6,472 $ 77,666 Permit Technician II 35 4 $ 39.23 $ 6,799 $ 81,590 Permit Technician II 35 5 $ 41.14 $ 7,130 $ 85,563 Permit Technician II 35 6 $ 43.26 $ 7,499 $ 89,984 Permit Technician II 35 7 $ 45.35 $ 7,861 $ 94,331 Permit Technician II 35 8 $ 47.69 $ 8,267 $ 99,199 Permit Technician II 35 9 $ 50.08 $ 8,680 $ 104,159 Planner, Assistant 35B 1 $ 33.86 $ 5,870 $ 70,438 Planner, Assistant 35B 2 $ 35.56 $ 6,164 $ 73,965 Planner, Assistant 35B 3 $ 37.34 $ 6,472 $ 77,666 Planner, Assistant 35B 4 $ 39.23 $ 6,799 $ 81,590 Planner, Assistant 35B 5 $ 41.14 $ 7,130 $ 85,563 Planner, Assistant 35B 6 $ 43.26 $ 7,499 $ 89,984 Planner, Assistant 35B 7 $ 45.35 $ 7,861 $ 94,331 Planner, Assistant 35B 8 $ 47.69 $ 8,267 $ 99,199 Planner, Assistant 35B 9 $ 50.08 $ 8,680 $ 104,159 Planner, Associate 55 1 $ 37.33 $ 6,470 $ 77,641 Planner, Associate 55 2 $ 39.20 $ 6,795 $ 81,540 Planner, Associate 55 3 $ 41.14 $ 7,130 $ 85,563 Planner, Associate 55 4 $ 43.20 $ 7,488 $ 89,861 Planner, Associate 55 5 $ 45.35 $ 7,861 $ 94,331 Planner, Associate 55 6 $ 47.62 $ 8,254 $ 99,050 Planner, Associate 55 7 $ 49.98 $ 8,664 $ 103,968 Planner, Associate 55 8 $ 52.52 $ 9,103 $ 109,233 Planner, Associate 55 9 $ 55.14 $ 9,558 $ 114,695 Planner, Senior 75 1 $ 44.90 $ 7,782 $ 93,387 Planner, Senior 75 2 $ 47.08 $ 8,161 $ 97,932 Planner, Senior 75 3 $ 49.42 $ 8,567 $ 102,800 Planner, Senior 75 4 $ 51.94 $ 9,003 $ 108,041 Planner, Senior 75 5 $ 54.51 $ 9,448 $ 113,381 Planner, Senior 75 6 $ 57.22 $ 9,918 $ 119,019 Planner, Senior 75 7 $ 60.10 $ 10,417 $ 125,005 Planner, Senior 75 8 $ 63.12 $ 10,941 $ 131,288 Planner, Senior 75 9 $ 66.28 $ 11,488 $ 137,853 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Planning Technician 34 1 $ 30.80 $ 5,338 $ 64,054 Planning Technician 34 2 $ 32.36 $ 5,609 $ 67,308 Planning Technician 34 3 $ 33.96 $ 5,886 $ 70,636 Planning Technician 34 4 $ 35.66 $ 6,180 $ 74,163 Planning Technician 34 5 $ 37.47 $ 6,495 $ 77,939 Planning Technician 34 6 $ 39.30 $ 6,812 $ 81,739 Planning Technician 34 7 $ 41.29 $ 7,157 $ 85,887 Planning Technician 34 8 $ 43.35 $ 7,513 $ 90,159 Planning Technician 34 9 $ 45.51 $ 7,889 $ 94,667 Public Works Inspector 1 33 1 $ 34.70 $ 6,015 $ 72,176 Public Works Inspector 1 33 2 $ 36.42 $ 6,313 $ 75,753 Public Works Inspector 1 33 3 $ 38.25 $ 6,629 $ 79,553 Public Works Inspector 1 33 4 $ 40.19 $ 6,967 $ 83,602 Public Works Inspector 1 33 5 $ 42.16 $ 7,308 $ 87,700 Public Works Inspector 1 33 6 $ 44.28 $ 7,675 $ 92,096 Public Works Inspector 1 33 7 $ 46.49 $ 8,058 $ 96,691 Public Works Inspector 1 33 8 $ 48.83 $ 8,463 $ 101,559 Public Works Inspector 1 33 9 $ 51.27 $ 8,886 $ 106,636 Public Works Inspector II 36A 1 $ 37.28 $ 6,462 $ 77,542 Public Works Inspector II 36A 2 $ 39.17 $ 6,789 $ 81,465 Public Works Inspector II 36A 3 $ 41.12 $ 7,128 $ 85,538 Public Works Inspector II 36A 4 $ 43.19 $ 7,486 $ 89,836 Public Works Inspector II 36A 5 $ 45.34 $ 7,859 $ 94,306 Public Works Inspector II 36A 6 $ 47.60 $ 8,250 $ 99,000 Public Works Inspector II 36A 7 $ 49.97 $ 8,662 $ 103,943 Public Works Inspector II 36A 8 $ 52.48 $ 9,097 $ 109,159 Public Works Inspector II 36A 9 $ 55.10 $ 9,551 $ 114,617 Public Works Inspector, Senior 44 1 $ 40.09 $ 6,948 $ 83,378 Public Works Inspector, Senior 44 2 $ 42.08 $ 7,294 $ 87,526 Public Works Inspector, Senior 44 3 $ 44.22 $ 7,664 $ 91,972 Public Works Inspector, Senior 44 4 $ 46.40 $ 8,043 $ 96,517 Public Works Inspector, Senior 44 5 $ 48.74 $ 8,449 $ 101,384 Public Works Inspector, Senior 44 6 $ 51.12 $ 8,861 $ 106,327 Public Works Inspector, Senior 44 7 $ 53.75 $ 9,316 $ 111,791 Public Works Inspector, Senior 44 8 $ 56.42 $ 9,780 $ 117,355 Public Works Inspector, Senior 44 9 $ 59.24 $ 10,269 $ 123,222 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Revenue Auditor 59 1 $ 37.76 $ 6,545 $ 78,534 Revenue Auditor 59 2 $ 39.69 $ 6,880 $ 82,558 Revenue Auditor 59 3 $ 41.65 $ 7,219 $ 86,631 Revenue Auditor 59 4 $ 43.69 $ 7,573 $ 90,879 Revenue Auditor 59 5 $ 45.90 $ 7,956 $ 95,474 Revenue Auditor 59 6 $ 48.22 $ 8,358 $ 100,292 Revenue Auditor 59 7 $ 50.61 $ 8,772 $ 105,259 Revenue Auditor 59 8 $ 53.14 $ 9,210 $ 110,525 Revenue Auditor 59 9 $ 55.79 $ 9,671 $ 116,051 Traffic Engineer Technician 37A 1 $ 34.75 $ 6,023 $ 72,276 Traffic Engineer Technician 37A 2 $ 36.47 $ 6,321 $ 75,853 Traffic Engineer Technician 37A 3 $ 38.28 $ 6,636 $ 79,627 Traffic Engineer Technician 37A 4 $ 40.22 $ 6,971 $ 83,651 Traffic Engineer Technician 37A 5 $ 42.27 $ 7,327 $ 87,923 Traffic Engineer Technician 37A 6 $ 44.32 $ 7,683 $ 92,195 Traffic Engineer Technician 37A 7 $ 46.58 $ 8,074 $ 96,890 Traffic Engineer Technician 37A 8 $ 48.91 $ 8,478 $ 101,733 Traffic Engineer Technician 37A 9 $ 51.36 $ 8,902 $ 106,819 Traffic Engineer Technician, Senior 48 1 $ 36.48 $ 6,323 $ 75,877 Traffic Engineer Technician, Senior 48 2 $ 38.32 $ 6,642 $ 79,702 Traffic Engineer Technician, Senior 48 3 $ 40.24 $ 6,975 $ 83,701 Traffic Engineer Technician, Senior 48 4 $ 42.26 $ 7,325 $ 87,898 Traffic Engineer Technician, Senior 48 5 $ 44.35 $ 7,687 $ 92,245 Traffic Engineer Technician, Senior 48 6 $ 46.58 $ 8,074 $ 96,890 Traffic Engineer Technician, Senior 48 7 $ 48.91 $ 8,478 $ 101,733 Traffic Engineer Technician, Senior 48 8 $ 51.36 $ 8,902 $ 106,824 Traffic Engineer Technician, Senior 48 9 $ 53.93 $ 9,347 $ 112,165 Water Conservation Coordinator 40 1 $ 38.89 $ 6,741 $ 80,894 Water Conservation Coordinator 40 2 $ 40.84 $ 7,079 $ 84,943 Water Conservation Coordinator 40 3 $ 42.86 $ 7,428 $ 89,140 Water Conservation Coordinator 40 4 $ 44.99 $ 7,799 $ 93,586 Water Conservation Coordinator 40 5 $ 47.29 $ 8,196 $ 98,355 Water Conservation Coordinator 40 6 $ 49.63 $ 8,602 $ 103,222 Water Conservation Coordinator 40 7 $ 52.09 $ 9,028 $ 108,339 Water Conservation Coordinator 40 8 $ 54.75 $ 9,490 $ 113,878 Water Conservation Coordinator 40 9 $ 57.49 $ 9,964 $ 119,572 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective July 1, 2023 - Additional Step Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Accountant 30 1 $ 36.23 $ 6,280 $ 75,365 Accountant 30 2 $ 38.03 $ 6,592 $ 79,100 Accountant 30 3 $ 39.94 $ 6,922 $ 83,066 Accountant 30 4 $ 41.96 $ 7,274 $ 87,286 Accountant 30 5 $ 44.02 $ 7,630 $ 91,558 Accountant 30 6 $ 46.26 $ 8,018 $ 96,215 Accountant 30 7 $ 48.50 $ 8,406 $ 100,870 Accountant 30 8 $ 50.91 $ 8,824 $ 105,884 Accountant 30 9 $ 53.45 $ 9,265 $ 111,178 Accountant, Senior 31 1 $ 41.62 $ 7,214 $ 86,570 Accountant, Senior 31 2 $ 43.74 $ 7,581 $ 90,970 Accountant, Senior 31 3 $ 45.89 $ 7,954 $ 95,447 Accountant, Senior 31 4 $ 48.22 $ 8,359 $ 100,308 Accountant, Senior 31 5 $ 50.62 $ 8,775 $ 105,296 Accountant, Senior 31 6 $ 53.14 $ 9,212 $ 110,540 Accountant, Senior 31 7 $ 55.78 $ 9,668 $ 116,015 Accountant, Senior 31 8 $ 58.57 $ 10,152 $ 121,822 Accountant, Senior 31 9 $ 61.50 $ 10,659 $ 127,913 Building Inspector I 33A 1 $ 35.74 $ 6,195 $ 74,341 Building Inspector I 33A 2 $ 37.51 $ 6,502 $ 78,026 Building Inspector I 33A 3 $ 39.39 $ 6,828 $ 81,940 Building Inspector I 33A 4 $ 41.40 $ 7,176 $ 86,110 Building Inspector I 33A 5 $ 43.43 $ 7,528 $ 90,330 Building Inspector I 33A 6 $ 45.61 $ 7,905 $ 94,858 Building Inspector I 33A 7 $ 47.88 $ 8,299 $ 99,591 Building Inspector I 33A 8 $ 50.29 $ 8,717 $ 104,605 Building Inspector I 33A 9 $ 52.81 $ 9,153 $ 109,836 Building Inspector II 36 1 $ 38.40 $ 6,656 $ 79,868 Building Inspector 11 36 2 $ 40.34 $ 6,992 $ 83,909 Building Inspector II 36 3 $ 42.36 $ 7,342 $ 88,105 Building Inspector 11 36 4 $ 44.49 $ 7,711 $ 92,531 Building Inspector II 36 5 $ 46.70 $ 8,095 $ 97,135 Building Inspector II 36 6 $ 49.02 $ 8,498 $ 101,970 Building Inspector 11 36 7 $ 51.47 $ 8,922 $ 107,061 Building Inspector II 36 8 $ 54.05 $ 9,369 $ 112,433 Building Inspector 11 36 9 $ 56.76 $ 9,838 $ 118,055 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Building Inspector, Principal 99 1 $ 45.52 $ 7,890 $ 94,680 Building Inspector, Principal 99 2 $ 47.78 $ 8,282 $ 99,386 Building Inspector, Principal 99 3 $ 50.17 $ 8,696 $ 104,349 Building Inspector, Principal 99 4 $ 52.65 $ 9,126 $ 109,517 Building Inspector, Principal 99 5 $ 55.30 $ 9,585 $ 115,017 Building Inspector, Principal 99 6 $ 58.08 $ 10,067 $ 120,799 Building Inspector, Principal 99 7 $ 60.97 $ 10,568 $ 126,810 Building Inspector, Principal 99 8 $ 64.04 $ 11,101 $ 133,206 Building Inspector, Principal 99 9 $ 67.24 $ 11,656 $ 139,867 Building Inspector, Senior 44A 1 $ 41.29 $ 7,157 $ 85,879 Building Inspector, Senior 44A 2 $ 43.34 $ 7,513 $ 90,151 Building Inspector, Senior 44A 3 $ 45.54 $ 7,894 $ 94,731 Building Inspector, Senior 44A 4 $ 47.79 $ 8,284 $ 99,412 Building Inspector, Senior 44A 5 $ 50.20 $ 8,702 $ 104,426 Building Inspector, Senior 44A 6 $ 52.65 $ 9,126 $ 109,517 Building Inspector, Senior 44A 7 $ 55.36 $ 9,595 $ 115,145 Building Inspector, Senior 44A 8 $ 58.11 $ 10,073 $ 120,875 Building Inspector, Senior 44A 9 $ 61.02 $ 10,577 $ 126,919 Civil Engineer 95 1 $ 50.29 $ 8,717 $ 104,605 Civil Engineer 95 2 $ 52.86 $ 9,163 $ 109,952 Civil Engineer 95 3 $ 55.47 $ 9,615 $ 115,375 Civil Engineer 95 4 $ 58.24 $ 10,094 $ 121,132 Civil Engineer 95 5 $ 61.18 $ 10,604 $ 127,245 Civil Engineer 95 6 $ 64.24 $ 11,135 $ 133,615 Civil Engineer 95 7 $ 67.42 $ 11,687 $ 140,241 Civil Engineer 95 8 $ 70.81 $ 12,273 $ 147,276 Civil Engineer 95 9 $ 74.35 $ 12,887 $ 154,640 Civil Engineer, Associate 90 1 $ 47.95 $ 8,312 $ 99,744 Civil Engineer, Associate 90 2 $ 50.34 $ 8,726 $ 104,707 Civil Engineer, Associate 90 3 $ 52.89 $ 9,167 $ 110,003 Civil Engineer, Associate 90 4 $ 55.49 $ 9,619 $ 115,427 Civil Engineer, Associate 90 5 $ 58.27 $ 10,101 $ 121,208 Civil Engineer, Associate 90 6 $ 61.19 $ 10,606 $ 127,271 Civil Engineer, Associate 90 7 $ 64.26 $ 11,139 $ 133,666 Civil Engineer, Associate 90 8 $ 67.44 $ 11,689 $ 140,267 Civil Engineer, Associate 90 9 $ 70.81 $ 12,273 $ 147,280 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Civil Engineer, Senior 98 1 $ 55.41 $ 9,604 $ 115,247 Civil Engineer, Senior 98 2 $ 58.15 $ 10,079 $ 120,952 Civil Engineer, Senior 98 3 $ 61.06 $ 10,585 $ 127,015 Civil Engineer, Senior 98 4 $ 64.12 $ 11,113 $ 133,360 Civil Engineer, Senior 98 5 $ 67.34 $ 11,672 $ 140,062 Civil Engineer, Senior 98 6 $ 70.70 $ 12,254 $ 147,046 Civil Engineer, Senior 98 7 $ 74.23 $ 12,866 $ 154,388 Civil Engineer, Senior 98 8 $ 77.94 $ 13,510 $ 162,114 Civil Engineer, Senior 98 9 $ 81.84 $ 14,185 $ 170,220 Code Enforcement Officer 1 23 1 $ 30.32 $ 5,255 $ 63,060 Code Enforcement Officer 1 23 2 $ 31.83 $ 5,517 $ 66,206 Code Enforcement Officer 1 23 3 $ 33.43 $ 5,794 $ 69,532 Code Enforcement Officer 1 23 4 $ 35.11 $ 6,086 $ 73,037 Code Enforcement Officer 1 23 5 $ 36.86 $ 6,389 $ 76,670 Code Enforcement Officer 1 23 6 $ 38.72 $ 6,711 $ 80,532 Code Enforcement Officer 1 23 7 $ 40.64 $ 7,044 $ 84,523 Code Enforcement Officer 1 23 8 $ 42.67 $ 7,395 $ 88,744 Code Enforcement Officer 1 23 9 $ 44.80 $ 7,765 $ 93,181 Code Enforcement Officer II 35A 1 $ 34.88 $ 6,046 $ 72,551 Code Enforcement Officer II 35A 2 $ 36.63 $ 6,349 $ 76,184 Code Enforcement Officer 11 35A 3 $ 38.46 $ 6,666 $ 79,996 Code Enforcement Officer 11 35A 4 $ 40.40 $ 7,003 $ 84,037 Code Enforcement Officer II 35A 5 $ 42.37 $ 7,344 $ 88,130 Code Enforcement Officer II 35A 6 $ 44.56 $ 7,724 $ 92,684 Code Enforcement Officer 11 35A 7 $ 46.71 $ 8,097 $ 97,161 Code Enforcement Officer II 35A 8 $ 49.12 $ 8,515 $ 102,175 Code Enforcement Officer II 35A 9 $ 51.58 $ 8,940 $ 107,284 Code Enforcement Officer, Senior 47 1 $ 39.26 $ 6,805 $ 81,658 Code Enforcement Officer, Senior 47 2 $ 41.23 $ 7,146 $ 85,751 Code Enforcement Officer, Senior 47 3 $ 43.27 $ 7,500 $ 89,998 Code Enforcement Officer, Senior 47 4 $ 45.47 $ 7,881 $ 94,578 Code Enforcement Officer, Senior 47 5 $ 47.71 $ 8,269 $ 99,233 Code Enforcement Officer, Senior 47 6 $ 50.09 $ 8,683 $ 104,196 Code Enforcement Officer, Senior 47 7 $ 52.60 $ 9,118 $ 109,415 Code Enforcement Officer, Senior 47 8 $ 55.24 $ 9,574 $ 114,889 Code Enforcement Officer, Senior 47 9 $ 58.00 $ 10,053 $ 120,634 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Code Enforcement Officer, Trainee 29 1 $ 25.27 $ 4,381 $ 52,571 Code Enforcement Officer, Trainee 29 2 $ 26.53 $ 4,598 $ 55,181 Code Enforcement Officer, Trainee 29 3 $ 27.86 $ 4,829 $ 57,944 Code Enforcement Officer, Trainee 29 4 $ 29.25 $ 5,070 $ 60,835 Code Enforcement Officer, Trainee 29 5 $ 30.71 $ 5,323 $ 63,878 Code Enforcement Officer, Trainee 29 6 $ 32.25 $ 5,590 $ 67,076 Code Enforcement Officer, Trainee 29 7 $ 33.86 $ 5,869 $ 70,428 Code Enforcement Officer, Trainee 29 8 $ 35.56 $ 6,163 $ 73,958 Code Enforcement Officer, Trainee 29 9 $ 37.33 $ 6,471 $ 77,656 Code Enforcement Supervisor 99A 1 $ 45.52 $ 7,890 $ 94,680 Code Enforcement Supervisor 99A 2 $ 47.78 $ 8,282 $ 99,386 Code Enforcement Supervisor 99A 3 $ 50.17 $ 8,696 $ 104,349 Code Enforcement Supervisor 99A 4 $ 52.65 $ 9,126 $ 109,517 Code Enforcement Supervisor 99A 5 $ 55.30 $ 9,585 $ 115,017 Code Enforcement Supervisor 99A 6 $ 58.08 $ 10,067 $ 120,799 Code Enforcement Supervisor 99A 7 $ 60.97 $ 10,568 $ 126,810 Code Enforcement Supervisor 99A 8 $ 64.04 $ 11,101 $ 133,206 Code Enforcement Supervisor 99A 9 $ 67.24 $ 11,656 $ 139,867 Construction Inspection Supervisor 90A 1 $ 45.52 $ 7,890 $ 94,680 Construction Inspection Supervisor 90A 2 $ 47.78 $ 8,282 $ 99,386 Construction Inspection Supervisor 90A 3 $ 50.17 $ 8,696 $ 104,349 Construction Inspection Supervisor 90A 4 $ 52.65 $ 9,126 $ 109,517 Construction Inspection Supervisor 90A 5 $ 55.30 $ 9,585 $ 115,017 Construction Inspection Supervisor 90A 6 $ 58.08 $ 10,067 $ 120,799 Construction Inspection Supervisor 90A 7 $ 60.97 $ 10,568 $ 126,810 Construction Inspection Supervisor 90A 8 $ 64.04 $ 11,101 $ 133,206 Construction Inspection Supervisor 90A 9 $ 67.24 $ 11,656 $ 139,867 Elect, Mech and Plumb Plans Examiner 90B 1 $ 47.95 $ 8,312 $ 99,744 Elect, Mech and Plumb Plans Examiner 90B 2 $ 50.34 $ 8,726 $ 104,707 Elect, Mech and Plumb Plans Examiner 90B 3 $ 52.89 $ 9,167 $ 110,003 Elect, Mech and Plumb Plans Examiner 90B 4 $ 55.49 $ 9,619 $ 115,427 Elect, Mech and Plumb Plans Examiner 90B 5 $ 58.27 $ 10,101 $ 121,208 Elect, Mech and Plumb Plans Examiner 90B 6 $ 61.19 $ 10,606 $ 127,271 Elect, Mech and Plumb Plans Examiner 90B 7 $ 64.26 $ 11,139 $ 133,666 Elect, Mech and Plumb Plans Examiner 90B 8 $ 67.44 $ 11,689 $ 140,267 Elect, Mech and Plumb Plans Examiner 90B 9 $ 70.81 $ 12,273 $ 147,280 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Engineer, Associate 85 1 $ 45.64 $ 7,911 $ 94,935 Engineer, Associate 85 2 $ 47.95 $ 8,312 $ 99,744 Engineer, Associate 85 3 $ 50.34 $ 8,726 $ 104,707 Engineer, Associate 85 4 $ 52.89 $ 9,167 $ 110,003 Engineer, Associate 85 5 $ 55.49 $ 9,619 $ 115,427 Engineer, Associate 85 6 $ 58.27 $ 10,101 $ 121,208 Engineer, Associate 85 7 $ 61.19 $ 10,606 $ 127,271 Engineer, Associate 85 8 $ 64.26 $ 11,139 $ 133,666 Engineer, Associate 85 9 $ 67.48 $ 11,696 $ 140,350 Engineer, Junior 54 1 $ 41.29 $ 7,157 $ 85,879 Engineer, Junior 54 2 $ 43.33 $ 7,510 $ 90,126 Engineer, Junior 54 3 $ 45.57 $ 7,898 $ 94,782 Engineer, Junior 54 4 $ 47.78 $ 8,282 $ 99,386 Engineer, Junior 54 5 $ 50.20 $ 8,702 $ 104,426 Engineer, Junior 54 6 $ 52.66 $ 9,129 $ 109,542 Engineer, Junior 54 7 $ 55.36 $ 9,595 $ 115,145 Engineer, Junior 54 8 $ 58.14 $ 10,077 $ 120,927 Engineer, Junior 54 9 $ 61.04 $ 10,581 $ 126,973 Engineering Technician 15 1 $ 31.62 $ 5,481 $ 65,772 Engineering Technician 15 2 $ 33.20 $ 5,754 $ 69,046 Engineering Technician 15 3 $ 34.89 $ 6,048 $ 72,576 Engineering Technician 15 4 $ 36.63 $ 6,349 $ 76,184 Engineering Technician 15 5 $ 38.47 $ 6,668 $ 80,021 Engineering Technician 15 6 $ 40.39 $ 7,001 $ 84,011 Engineering Technician 15 7 $ 42.37 $ 7,344 $ 88,130 Engineering Technician 15 8 $ 44.56 $ 7,724 $ 92,684 Engineering Technician 15 9 $ 46.79 $ 8,110 $ 97,318 Engineering Technician, Senior 35D 1 $ 34.88 $ 6,046 $ 72,551 Engineering Technician, Senior 35D 2 $ 36.63 $ 6,349 $ 76,184 Engineering Technician, Senior 35D 3 $ 38.46 $ 6,666 $ 79,996 Engineering Technician, Senior 35D 4 $ 40.40 $ 7,003 $ 84,037 Engineering Technician, Senior 35D 5 $ 42.37 $ 7,344 $ 88,130 Engineering Technician, Senior 35D 6 $ 44.56 $ 7,724 $ 92,684 Engineering Technician, Senior 35D 7 $ 46.71 $ 8,097 $ 97,161 Engineering Technician, Senior 35D 8 $ 49.12 $ 8,515 $ 102,175 Engineering Technician, Senior 35D 9 $ 51.58 $ 8,940 $ 107,284 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) IT Analyst 61 1 $ 40.96 $ 7,099 $ 85,189 IT Analyst 61 2 $ 43.01 $ 7,455 $ 89,461 IT Analyst 61 3 $ 45.14 $ 7,824 $ 93,887 IT Analyst 61 4 $ 47.39 $ 8,214 $ 98,568 IT Analyst 61 5 $ 49.77 $ 8,628 $ 103,531 IT Analyst 61 6 $ 52.26 $ 9,058 $ 108,699 IT Analyst 61 7 $ 54.88 $ 9,512 $ 114,147 IT Analyst 61 8 $ 57.61 $ 9,986 $ 119,827 IT Analyst 61 9 $ 60.49 $ 10,485 $ 125,818 IT Analyst, Senior 41 1 $ 45.48 $ 7,884 $ 94,603 IT Analyst, Senior 41 2 $ 47.73 $ 8,274 $ 99,285 IT Analyst, Senior 41 3 $ 50.09 $ 8,683 $ 104,196 IT Analyst, Senior 41 4 $ 52.60 $ 9,118 $ 109,415 IT Analyst, Senior 41 5 $ 55.25 $ 9,576 $ 114,915 IT Analyst, Senior 41 6 $ 58.04 $ 10,060 $ 120,722 IT Analyst, Senior 41 7 $ 60.92 $ 10,559 $ 126,708 IT Analyst, Senior 41 8 $ 63.97 $ 11,088 $ 133,053 IT Analyst, Senior 41 9 $ 67.17 $ 11,642 $ 139,706 IT Specialist III 45 1 $ 37.99 $ 6,585 $ 79,023 IT Specialist III 45 2 $ 39.89 $ 6,914 $ 82,963 IT Specialist III 45 3 $ 41.88 $ 7,259 $ 87,107 IT Specialist III 45 4 $ 43.97 $ 7,621 $ 91,456 IT Specialist III 45 5 $ 46.20 $ 8,007 $ 96,086 IT Specialist III 45 6 $ 48.46 $ 8,399 $ 100,794 IT Specialist III 45 7 $ 50.88 $ 8,819 $ 105,833 IT Specialist III 45 8 $ 53.45 $ 9,265 $ 111,180 IT Specialist III 45 9 $ 56.12 $ 9,728 $ 116,739 IT Technician 28 1 $ 27.16 $ 4,707 $ 56,482 ITTechnician 28 2 $ 28.50 $ 4,940 $ 59,286 ITTechnician 28 3 $ 29.93 $ 5,188 $ 62,255 IT Technician 28 4 $ 31.42 $ 5,447 $ 65,360 ITTechnician 28 5 $ 33.00 $ 5,719 $ 68,631 IT Technician 28 6 $ 34.65 $ 6,006 $ 72,067 ITTechnician 28 7 $ 36.38 $ 6,306 $ 75,667 IT Technician 28 8 $ 38.20 $ 6,622 $ 79,460 IT Technician 28 9 $ 40.11 $ 6,953 $ 83,433 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) IT Technician, Senior 16 1 $ 32.59 $ 5,649 $ 67,793 IT Technician, Senior 16 2 $ 34.22 $ 5,931 $ 71,169 IT Technician, Senior 16 3 $ 35.94 $ 6,229 $ 74,750 IT Technician, Senior 16 4 $ 37.73 $ 6,541 $ 78,486 IT Technician, Senior 16 5 $ 39.62 $ 6,867 $ 82,400 IT Technician, Senior 16 6 $ 41.60 $ 7,210 $ 86,519 IT Technician, Senior 16 7 $ 43.70 $ 7,574 $ 90,893 IT Technician, Senior 16 8 $ 45.85 $ 7,948 $ 95,370 IT Technician, Senior 16 9 $ 48.14 $ 8,345 $ 100,139 Management Assistant 37 1 $ 35.79 $ 6,204 $ 74,444 Management Assistant 37 2 $ 37.56 $ 6,511 $ 78,128 Management Assistant 37 3 $ 39.43 $ 6,835 $ 82,016 Management Assistant 37 4 $ 41.42 $ 7,180 $ 86,161 Management Assistant 37 5 $ 43.54 $ 7,547 $ 90,561 Management Assistant 37 6 $ 45.65 $ 7,913 $ 94,961 Management Assistant 37 7 $ 47.98 $ 8,316 $ 99,796 Management Assistant 37 8 $ 50.38 $ 8,732 $ 104,785 Management Assistant 37 9 $ 52.90 $ 9,169 $ 110,024 Permit Counter Supervisor 39 1 $ 38.36 $ 6,649 $ 79,790 Permit Counter Supervisor 39 2 $ 40.32 $ 6,988 $ 83,858 Permit Counter Supervisor 39 3 $ 42.30 $ 7,331 $ 87,977 Permit Counter Supervisor 39 4 $ 44.46 $ 7,707 $ 92,479 Permit Counter Supervisor 39 5 $ 46.65 $ 8,086 $ 97,033 Permit Counter Supervisor 39 6 $ 49.00 $ 8,493 $ 101,919 Permit Counter Supervisor 39 7 $ 51.46 $ 8,920 $ 107,036 Permit Counter Supervisor 39 8 $ 53.99 $ 9,359 $ 112,306 Permit Counter Supervisor 39 9 $ 56.69 $ 9,827 $ 117,921 Permit Technician 1 24 1 $ 30.16 $ 5,227 $ 62,727 Permit Technician I 24 2 $ 31.66 $ 5,487 $ 65,848 Permit Technician 1 24 3 $ 33.24 $ 5,762 $ 69,149 Permit Technician 1 24 4 $ 34.88 $ 6,046 $ 72,551 Permit Technician 1 24 5 $ 36.63 $ 6,349 $ 76,184 Permit Technician 1 24 6 $ 38.46 $ 6,666 $ 79,996 Permit Technician I 24 7 $ 40.40 $ 7,003 $ 84,037 Permit Technician 1 24 8 $ 42.37 $ 7,344 $ 88,130 Permit Technician 1 24 9 $ 44.49 $ 7,711 $ 92,536 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Permit Technician II 35 1 $ 34.88 $ 6,046 $ 72,551 Permit Technician II 35 2 $ 36.63 $ 6,349 $ 76,184 Permit Technician II 35 3 $ 38.46 $ 6,666 $ 79,996 Permit Technician II 35 4 $ 40.40 $ 7,003 $ 84,037 Permit Technician II 35 5 $ 42.37 $ 7,344 $ 88,130 Permit Technician II 35 6 $ 44.56 $ 7,724 $ 92,684 Permit Technician II 35 7 $ 46.71 $ 8,097 $ 97,161 Permit Technician II 35 8 $ 49.12 $ 8,515 $ 102,175 Permit Technician II 35 9 $ 51.58 $ 8,940 $ 107,284 Planner, Assistant 35B 1 $ 34.88 $ 6,046 $ 72,551 Planner, Assistant 35B 2 $ 36.63 $ 6,349 $ 76,184 Planner, Assistant 35B 3 $ 38.46 $ 6,666 $ 79,996 Planner, Assistant 35B 4 $ 40.40 $ 7,003 $ 84,037 Planner, Assistant 35B 5 $ 42.37 $ 7,344 $ 88,130 Planner, Assistant 35B 6 $ 44.56 $ 7,724 $ 92,684 Planner, Assistant 35B 7 $ 46.71 $ 8,097 $ 97,161 Planner, Assistant 35B 8 $ 49.12 $ 8,515 $ 102,175 Planner, Assistant 35B 9 $ 51.58 $ 8,940 $ 107,284 Planner, Associate 55 1 $ 38.45 $ 6,664 $ 79,970 Planner, Associate 55 2 $ 40.38 $ 6,999 $ 83,986 Planner, Associate 55 3 $ 42.37 $ 7,344 $ 88,130 Planner, Associate 55 4 $ 44.50 $ 7,713 $ 92,556 Planner, Associate 55 5 $ 46.71 $ 8,097 $ 97,161 Planner, Associate 55 6 $ 49.05 $ 8,502 $ 102,022 Planner, Associate 55 7 $ 51.48 $ 8,924 $ 107,087 Planner, Associate 55 8 $ 54.09 $ 9,376 $ 112,510 Planner, Associate 55 9 $ 56.80 $ 9,845 $ 118,136 Planner, Senior 75 1 $ 46.24 $ 8,016 $ 96,189 Planner, Senior 75 2 $ 48.50 $ 8,406 $ 100,870 Planner, Senior 75 3 $ 50.91 $ 8,824 $ 105,884 Planner, Senior 75 4 $ 53.50 $ 9,274 $ 111,282 Planner, Senior 75 5 $ 56.15 $ 9,732 $ 116,782 Planner, Senior 75 6 $ 58.94 $ 10,216 $ 122,589 Planner, Senior 75 7 $ 61.90 $ 10,730 $ 128,755 Planner, Senior 75 8 $ 65.01 $ 11,269 $ 135,227 Planner, Senior 75 9 $ 68.26 $ 11,832 $ 141,988 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Planning Technician 34 1 $ 31.72 $ 5,498 $ 65,976 Planning Technician 34 2 $ 33.33 $ 5,777 $ 69,328 Planning Technician 34 3 $ 34.98 $ 6,063 $ 72,755 Planning Technician 34 4 $ 36.73 $ 6,366 $ 76,388 Planning Technician 34 5 $ 38.59 $ 6,690 $ 80,277 Planning Technician 34 6 $ 40.48 $ 7,016 $ 84,191 Planning Technician 34 7 $ 42.53 $ 7,372 $ 88,463 Planning Technician 34 8 $ 44.65 $ 7,739 $ 92,863 Planning Technician 34 9 $ 46.88 $ 8,126 $ 97,507 Public Works Inspector 1 33 1 $ 35.74 $ 6,195 $ 74,341 Public Works Inspector 1 33 2 $ 37.51 $ 6,502 $ 78,026 Public Works Inspector 1 33 3 $ 39.39 $ 6,828 $ 81,940 Public Works Inspector 1 33 4 $ 41.40 $ 7,176 $ 86,110 Public Works Inspector 1 33 5 $ 43.43 $ 7,528 $ 90,330 Public Works Inspector 1 33 6 $ 45.61 $ 7,905 $ 94,858 Public Works Inspector 1 33 7 $ 47.88 $ 8,299 $ 99,591 Public Works Inspector 1 33 8 $ 50.29 $ 8,717 $ 104,605 Public Works Inspector 1 33 9 $ 52.81 $ 9,153 $ 109,836 Public Works Inspector II 36A 1 $ 38.40 $ 6,656 $ 79,868 Public Works Inspector 11 36A 2 $ 40.34 $ 6,992 $ 83,909 Public Works Inspector II 36A 3 $ 42.36 $ 7,342 $ 88,105 Public Works Inspector 11 36A 4 $ 44.49 $ 7,711 $ 92,531 Public Works Inspector 11 36A 5 $ 46.70 $ 8,095 $ 97,135 Public Works Inspector II 36A 6 $ 49.02 $ 8,498 $ 101,970 Public Works Inspector II 36A 7 $ 51.47 $ 8,922 $ 107,061 Public Works Inspector 11 36A 8 $ 54.05 $ 9,369 $ 112,433 Public Works Inspector II 36A 9 $ 56.76 $ 9,838 $ 118,055 Public Works Inspector, Senior 44 1 $ 41.29 $ 7,157 $ 85,879 Public Works Inspector, Senior 44 2 $ 43.34 $ 7,513 $ 90,151 Public Works Inspector, Senior 44 3 $ 45.54 $ 7,894 $ 94,731 Public Works Inspector, Senior 44 4 $ 47.79 $ 8,284 $ 99,412 Public Works Inspector, Senior 44 5 $ 50.20 $ 8,702 $ 104,426 Public Works Inspector, Senior 44 6 $ 52.65 $ 9,126 $ 109,517 Public Works Inspector, Senior 44 7 $ 55.36 $ 9,595 $ 115,145 Public Works Inspector, Senior 44 8 $ 58.11 $ 10,073 $ 120,875 Public Works Inspector, Senior 44 9 $ 61.02 $ 10,577 $ 126,919 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Revenue Auditor 59 1 $ 38.89 $ 6,741 $ 80,890 Revenue Auditor 59 2 $ 40.88 $ 7,086 $ 85,035 Revenue Auditor 59 3 $ 42.90 $ 7,436 $ 89,230 Revenue Auditor 59 4 $ 45.00 $ 7,800 $ 93,605 Revenue Auditor 59 5 $ 47.28 $ 8,195 $ 98,338 Revenue Auditor 59 6 $ 49.66 $ 8,608 $ 103,301 Revenue Auditor 59 7 $ 52.12 $ 9,035 $ 108,417 Revenue Auditor 59 8 $ 54.73 $ 9,487 $ 113,840 Revenue Auditor 59 9 $ 57.47 $ 9,961 $ 119,533 Traffic Engineer Technician 37A 1 $ 35.79 $ 6,204 $ 74,444 Traffic Engineer Technician 37A 2 $ 37.56 $ 6,511 $ 78,128 Traffic Engineer Technician 37A 3 $ 39.43 $ 6,835 $ 82,016 Traffic Engineer Technician 37A 4 $ 41.42 $ 7,180 $ 86,161 Traffic Engineer Technician 37A 5 $ 43.54 $ 7,547 $ 90,561 Traffic Engineer Technician 37A 6 $ 45.65 $ 7,913 $ 94,961 Traffic Engineer Technician 37A 7 $ 47.98 $ 8,316 $ 99,796 Traffic Engineer Technician 37A 8 $ 50.38 $ 8,732 $ 104,785 Traffic Engineer Technician 37A 9 $ 52.90 $ 9,169 $ 110,024 Traffic Engineer Technician, Senior 48 1 $ 37.57 $ 6,513 $ 78,154 Traffic Engineer Technician, Senior 48 2 $ 39.47 $ 6,841 $ 82,093 Traffic Engineer Technician, Senior 48 3 $ 41.45 $ 7,184 $ 86,212 Traffic Engineer Technician, Senior 48 4 $ 43.53 $ 7,545 $ 90,535 Traffic Engineer Technician, Senior 48 5 $ 45.68 $ 7,918 $ 95,012 Traffic Engineer Technician, Senior 48 6 $ 47.98 $ 8,316 $ 99,796 Traffic Engineer Technician, Senior 48 7 $ 50.38 $ 8,732 $ 104,785 Traffic Engineer Technician, Senior 48 8 $ 52.90 $ 9,169 $ 110,029 Traffic Engineer Technician, Senior 48 9 $ 55.54 $ 9,628 $ 115,530 Water Conservation Coordinator 40 1 $ 40.06 $ 6,943 $ 83,321 Water Conservation Coordinator 40 2 $ 42.06 $ 7,291 $ 87,491 Water Conservation Coordinator 40 3 $ 44.14 $ 7,651 $ 91,814 Water Conservation Coordinator 40 4 $ 46.34 $ 8,033 $ 96,393 Water Conservation Coordinator 40 5 $ 48.70 $ 8,442 $ 101,305 Water Conservation Coordinator 40 6 $ 51.11 $ 8,860 $ 106,319 Water Conservation Coordinator 40 7 $ 53.65 $ 9,299 $ 111,589 Water Conservation Coordinator 40 8 $ 56.39 $ 9,775 $ 117,294 Water Conservation Coordinator 40 9 $ 59.21 $ 10,263 $ 123,159 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment (COLA) Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Accountant 30 1 $ 37.32 $ 6,469 $ 77,626 Accountant 30 2 $ 39.17 $ 6,789 $ 81,473 Accountant 30 3 $ 41.13 $ 7,130 $ 85,558 Accountant 30 4 $ 43.22 $ 7,492 $ 89,905 Accountant 30 5 $ 45.34 $ 7,859 $ 94,305 Accountant 30 6 $ 47.64 $ 8,258 $ 99,101 Accountant 30 7 $ 49.95 $ 8,658 $ 103,896 Accountant 30 8 $ 52.43 $ 9,088 $ 109,061 Accountant 30 9 $ 55.05 $ 9,543 $ 114,514 Accountant, Senior 31 1 $ 42.87 $ 7,431 $ 89,167 Accountant, Senior 31 2 $ 45.05 $ 7,808 $ 93,699 Accountant, Senior 31 3 $ 47.26 $ 8,193 $ 98,310 Accountant, Senior 31 4 $ 49.67 $ 8,610 $ 103,317 Accountant, Senior 31 5 $ 52.14 $ 9,038 $ 108,455 Accountant, Senior 31 6 $ 54.74 $ 9,488 $ 113,857 Accountant, Senior 31 7 $ 57.45 $ 9,958 $ 119,495 Accountant, Senior 31 8 $ 60.33 $ 10,456 $ 125,477 Accountant, Senior 31 9 $ 63.34 $ 10,979 $ 131,750 Building Inspector I 33A 1 $ 36.81 $ 6,381 $ 76,572 Building Inspector I 33A 2 $ 38.64 $ 6,697 $ 80,367 Building Inspector I 33A 3 $ 40.58 $ 7,033 $ 84,398 Building Inspector I 33A 4 $ 42.64 $ 7,391 $ 88,693 Building Inspector I 33A 5 $ 44.73 $ 7,753 $ 93,040 Building Inspector I 33A 6 $ 46.97 $ 8,142 $ 97,704 Building Inspector I 33A 7 $ 49.32 $ 8,548 $ 102,579 Building Inspector I 33A 8 $ 51.80 $ 8,979 $ 107,743 Building Inspector I 33A 9 $ 54.39 $ 9,428 $ 113,131 Building Inspector II 36 1 $ 39.55 $ 6,855 $ 82,264 Building Inspector II 36 2 $ 41.55 $ 7,202 $ 86,427 Building Inspector II 36 3 $ 43.63 $ 7,562 $ 90,748 Building Inspector II 36 4 $ 45.82 $ 7,942 $ 95,307 Building Inspector II 36 5 $ 48.10 $ 8,337 $ 100,049 Building Inspector II 36 6 $ 50.49 $ 8,752 $ 105,029 Building Inspector II 36 7 $ 53.02 $ 9,189 $ 110,273 Building Inspector II 36 8 $ 55.68 $ 9,651 $ 115,806 Building Inspector 11 36 9 $ 58.46 $ 10,133 $ 121,597 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Building Inspector, Principal 99 1 $ 46.88 $ 8,127 $ 97,520 Building Inspector, Principal 99 2 $ 49.22 $ 8,531 $ 102,368 Building Inspector, Principal 99 3 $ 51.67 $ 8,957 $ 107,480 Building Inspector, Principal 99 4 $ 54.23 $ 9,400 $ 112,803 Building Inspector, Principal 99 5 $ 56.96 $ 9,872 $ 118,468 Building Inspector, Principal 99 6 $ 59.82 $ 10,369 $ 124,423 Building Inspector, Principal 99 7 $ 62.80 $ 10,885 $ 130,615 Building Inspector, Principal 99 8 $ 65.96 $ 11,434 $ 137,202 Building Inspector, Principal 99 9 $ 69.26 $ 12,005 $ 144,063 Building Inspector, Senior 44A 1 $ 42.53 $ 7,371 $ 88,455 Building Inspector, Senior 44A 2 $ 44.64 $ 7,738 $ 92,856 Building Inspector, Senior 44A 3 $ 46.91 $ 8,131 $ 97,573 Building Inspector, Senior 44A 4 $ 49.23 $ 8,533 $ 102,394 Building Inspector, Senior 44A 5 $ 51.71 $ 8,963 $ 107,559 Building Inspector, Senior 44A 6 $ 54.23 $ 9,400 $ 112,803 Building Inspector, Senior 44A 7 $ 57.02 $ 9,883 $ 118,600 Building Inspector, Senior 44A 8 $ 59.86 $ 10,375 $ 124,502 Building Inspector, Senior 44A 9 $ 62.85 $ 10,894 $ 130,727 Civil Engineer 95 1 $ 51.80 $ 8,979 $ 107,743 Civil Engineer 95 2 $ 54.45 $ 9,438 $ 113,251 Civil Engineer 95 3 $ 57.13 $ 9,903 $ 118,836 Civil Engineer 95 4 $ 59.98 $ 10,397 $ 124,765 Civil Engineer 95 5 $ 63.01 $ 10,922 $ 131,063 Civil Engineer 95 6 $ 66.17 $ 11,469 $ 137,624 Civil Engineer 95 7 $ 69.45 $ 12,037 $ 144,448 Civil Engineer 95 8 $ 72.93 $ 12,641 $ 151,694 Civil Engineer 95 9 $ 76.58 $ 13,273 $ 159,279 Civil Engineer, Associate 90 1 $ 49.39 $ 8,561 $ 102,737 Civil Engineer, Associate 90 2 $ 51.85 $ 8,987 $ 107,849 Civil Engineer, Associate 90 3 $ 54.47 $ 9,442 $ 113,303 Civil Engineer, Associate 90 4 $ 57.16 $ 9,907 $ 118,890 Civil Engineer, Associate 90 5 $ 60.02 $ 10,404 $ 124,844 Civil Engineer, Associate 90 6 $ 63.02 $ 10,924 $ 131,089 Civil Engineer, Associate 90 7 $ 66.19 $ 11,473 $ 137,676 Civil Engineer, Associate 90 8 $ 69.46 $ 12,040 $ 144,475 Civil Engineer, Associate 90 9 $ 72.93 $ 12,642 $ 151,698 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Civil Engineer, Senior 98 1 $ 57.07 $ 9,892 $ 118,705 Civil Engineer, Senior 98 2 $ 59.89 $ 10,382 $ 124,581 Civil Engineer, Senior 98 3 $ 62.90 $ 10,902 $ 130,826 Civil Engineer, Senior 98 4 $ 66.04 $ 11,447 $ 137,360 Civil Engineer, Senior 98 5 $ 69.36 $ 12,022 $ 144,264 Civil Engineer, Senior 98 6 $ 72.82 $ 12,621 $ 151,457 Civil Engineer, Senior 98 7 $ 76.45 $ 13,252 $ 159,020 Civil Engineer, Senior 98 8 $ 80.28 $ 13,915 $ 166,978 Civil Engineer, Senior 98 9 $ 84.29 $ 14,611 $ 175,326 Code Enforcement Officer 1 23 1 $ 31.23 $ 5,413 $ 64,951 Code Enforcement Officer 1 23 2 $ 32.78 $ 5,683 $ 68,193 Code Enforcement Officer 1 23 3 $ 34.43 $ 5,968 $ 71,618 Code Enforcement Officer 1 23 4 $ 36.17 $ 6,269 $ 75,228 Code Enforcement Officer 1 23 5 $ 37.97 $ 6,581 $ 78,970 Code Enforcement Officer 1 23 6 $ 39.88 $ 6,912 $ 82,948 Code Enforcement Officer 1 23 7 $ 41.86 $ 7,255 $ 87,059 Code Enforcement Officer 1 23 8 $ 43.95 $ 7,617 $ 91,407 Code Enforcement Officer 1 23 9 $ 46.14 $ 7,998 $ 95,977 Code Enforcement Officer II 35A 1 $ 35.93 $ 6,227 $ 74,727 Code Enforcement Officer II 35A 2 $ 37.73 $ 6,539 $ 78,469 Code Enforcement Officer II 35A 3 $ 39.61 $ 6,866 $ 82,396 Code Enforcement Officer II 35A 4 $ 41.61 $ 7,213 $ 86,558 Code Enforcement Officer II 35A 5 $ 43.64 $ 7,564 $ 90,774 Code Enforcement Officer II 35A 6 $ 45.90 $ 7,955 $ 95,465 Code Enforcement Officer 11 35A 7 $ 48.11 $ 8,340 $ 100,075 Code Enforcement Officer II 35A 8 $ 50.60 $ 8,770 $ 105,240 Code Enforcement Officer II 35A 9 $ 53.13 $ 9,209 $ 110,502 Code Enforcement Officer, Senior 47 1 $ 40.44 $ 7,009 $ 84,108 Code Enforcement Officer, Senior 47 2 $ 42.46 $ 7,360 $ 88,324 Code Enforcement Officer, Senior 47 3 $ 44.57 $ 7,725 $ 92,698 Code Enforcement Officer, Senior 47 4 $ 46.83 $ 8,118 $ 97,415 Code Enforcement Officer, Senior 47 5 $ 49.14 $ 8,517 $ 102,210 Code Enforcement Officer, Senior 47 6 $ 51.60 $ 8,943 $ 107,322 Code Enforcement Officer, Senior 47 7 $ 54.18 $ 9,391 $ 112,697 Code Enforcement Officer, Senior 47 8 $ 56.89 $ 9,861 $ 118,336 Code Enforcement Officer, Senior 47 9 $ 59.74 $ 10,354 $ 124,253 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Code Enforcement Officer, Trainee 29 1 $ 26.03 $ 4,512 $ 54,148 Code Enforcement Officer, Trainee 29 2 $ 27.33 $ 4,736 $ 56,836 Code Enforcement Officer, Trainee 29 3 $ 28.69 $ 4,974 $ 59,682 Code Enforcement Officer, Trainee 29 4 $ 30.12 $ 5,222 $ 62,660 Code Enforcement Officer, Trainee 29 5 $ 31.63 $ 5,483 $ 65,795 Code Enforcement Officer, Trainee 29 6 $ 33.22 $ 5,757 $ 69,088 Code Enforcement Officer, Trainee 29 7 $ 34.88 $ 6,045 $ 72,540 Code Enforcement Officer, Trainee 29 8 $ 36.62 $ 6,348 $ 76,177 Code Enforcement Officer, Trainee 29 9 $ 38.45 $ 6,665 $ 79,986 Code Enforcement Supervisor 99A 1 $ 46.88 $ 8,127 $ 97,520 Code Enforcement Supervisor 99A 2 $ 49.22 $ 8,531 $ 102,368 Code Enforcement Supervisor 99A 3 $ 51.67 $ 8,957 $ 107,480 Code Enforcement Supervisor 99A 4 $ 54.23 $ 9,400 $ 112,803 Code Enforcement Supervisor 99A 5 $ 56.96 $ 9,872 $ 118,468 Code Enforcement Supervisor 99A 6 $ 59.82 $ 10,369 $ 124,423 Code Enforcement Supervisor 99A 7 $ 62.80 $ 10,885 $ 130,615 Code Enforcement Supervisor 99A 8 $ 65.96 $ 11,434 $ 137,202 Code Enforcement Supervisor 99A 9 $ 69.26 $ 12,005 $ 144,063 Construction Inspection Supervisor 90A 1 $ 46.88 $ 8,127 $ 97,520 Construction Inspection Supervisor 90A 2 $ 49.22 $ 8,531 $ 102,368 Construction Inspection Supervisor 90A 3 $ 51.67 $ 8,957 $ 107,480 Construction Inspection Supervisor 90A 4 $ 54.23 $ 9,400 $ 112,803 Construction Inspection Supervisor 90A 5 $ 56.96 $ 9,872 $ 118,468 Construction Inspection Supervisor 90A 6 $ 59.82 $ 10,369 $ 124,423 Construction Inspection Supervisor 90A 7 $ 62.80 $ 10,885 $ 130,615 Construction Inspection Supervisor 90A 8 $ 65.96 $ 11,434 $ 137,202 Construction Inspection Supervisor 90A 9 $ 69.26 $ 12,005 $ 144,063 Elect, Mech and Plumb Plans Examiner 90B 1 $ 49.39 $ 8,561 $ 102,737 Elect, Mech and Plumb Plans Examiner 90B 2 $ 51.85 $ 8,987 $ 107,849 Elect, Mech and Plumb Plans Examiner 90B 3 $ 54.47 $ 9,442 $ 113,303 Elect, Mech and Plumb Plans Examiner 90B 4 $ 57.16 $ 9,907 $ 118,890 Elect, Mech and Plumb Plans Examiner 90B 5 $ 60.02 $ 10,404 $ 124,844 Elect, Mech and Plumb Plans Examiner 90B 6 $ 63.02 $ 10,924 $ 131,089 Elect, Mech and Plumb Plans Examiner 90B 7 $ 66.19 $ 11,473 $ 137,676 Elect, Mech and Plumb Plans Examiner 90B 8 $ 69.46 $ 12,040 $ 144,475 Elect, Mech and Plumb Plans Examiner 90B 9 $ 72.93 $ 12,642 $ 151,698 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Engineer, Associate 85 1 $ 47.01 $ 8,149 $ 97,783 Engineer, Associate 85 2 $ 49.39 $ 8,561 $ 102,737 Engineer, Associate 85 3 $ 51.85 $ 8,987 $ 107,849 Engineer, Associate 85 4 $ 54.47 $ 9,442 $ 113,303 Engineer, Associate 85 5 $ 57.16 $ 9,907 $ 118,890 Engineer, Associate 85 6 $ 60.02 $ 10,404 $ 124,844 Engineer, Associate 85 7 $ 63.02 $ 10,924 $ 131,089 Engineer, Associate 85 8 $ 66.19 $ 11,473 $ 137,676 Engineer, Associate 85 9 $ 69.50 $ 12,047 $ 144,560 Engineer, Junior 54 1 $ 42.53 $ 7,371 $ 88,455 Engineer, Junior 54 2 $ 44.63 $ 7,736 $ 92,830 Engineer, Junior 54 3 $ 46.94 $ 8,135 $ 97,625 Engineer, Junior 54 4 $ 49.22 $ 8,531 $ 102,368 Engineer, Junior 54 5 $ 51.71 $ 8,963 $ 107,559 Engineer, Junior 54 6 $ 54.24 $ 9,402 $ 112,829 Engineer, Junior 54 7 $ 57.02 $ 9,883 $ 118,600 Engineer, Junior 54 8 $ 59.88 $ 10,380 $ 124,555 Engineer, Junior 54 9 $ 62.88 $ 10,899 $ 130,782 Engineering Technician 15 1 $ 32.57 $ 5,645 $ 67,745 Engineering Technician 15 2 $ 34.19 $ 5,926 $ 71,117 Engineering Technician 15 3 $ 35.94 $ 6,229 $ 74,754 Engineering Technician 15 4 $ 37.73 $ 6,539 $ 78,469 Engineering Technician 15 5 $ 39.63 $ 6,868 $ 82,421 Engineering Technician 15 6 $ 41.60 $ 7,211 $ 86,532 Engineering Technician 15 7 $ 43.64 $ 7,564 $ 90,774 Engineering Technician 15 8 $ 45.90 $ 7,955 $ 95,465 Engineering Technician 15 9 $ 48.19 $ 8,353 $ 100,238 Engineering Technician, Senior 35D 1 $ 35.93 $ 6,227 $ 74,727 Engineering Technician, Senior 35D 2 $ 37.73 $ 6,539 $ 78,469 Engineering Technician, Senior 35D 3 $ 39.61 $ 6,866 $ 82,396 Engineering Technician, Senior 35D 4 $ 41.61 $ 7,213 $ 86,558 Engineering Technician, Senior 35D 5 $ 43.64 $ 7,564 $ 90,774 Engineering Technician, Senior 35D 6 $ 45.90 $ 7,955 $ 95,465 Engineering Technician, Senior 35D 7 $ 48.11 $ 8,340 $ 100,075 Engineering Technician, Senior 35D 8 $ 50.60 $ 8,770 $ 105,240 Engineering Technician, Senior 35D 9 $ 53.13 $ 9,209 $ 110,502 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) IT Analyst 61 1 $ 42.18 $ 7,312 $ 87,744 IT Analyst 61 2 $ 44.30 $ 7,679 $ 92,145 IT Analyst 61 3 $ 46.49 $ 8,059 $ 96,703 IT Analyst 61 4 $ 48.81 $ 8,460 $ 101,525 IT Analyst 61 5 $ 51.27 $ 8,886 $ 106,637 IT Analyst 61 6 $ 53.83 $ 9,330 $ 111,960 IT Analyst 61 7 $ 56.52 $ 9,798 $ 117,571 IT Analyst 61 8 $ 59.34 $ 10,285 $ 123,422 IT Analyst 61 9 $ 62.30 $ 10,799 $ 129,593 IT Analyst, Senior 41 1 $ 46.85 $ 8,120 $ 97,441 IT Analyst, Senior 41 2 $ 49.16 $ 8,522 $ 102,263 IT Analyst, Senior 41 3 $ 51.60 $ 8,943 $ 107,322 IT Analyst, Senior 41 4 $ 54.18 $ 9,391 $ 112,697 IT Analyst, Senior 41 5 $ 56.90 $ 9,864 $ 118,362 IT Analyst, Senior 41 6 $ 59.78 $ 10,362 $ 124,344 IT Analyst, Senior 41 7 $ 62.74 $ 10,876 $ 130,509 IT Analyst, Senior 41 8 $ 65.89 $ 11,420 $ 137,044 IT Analyst, Senior 41 9 $ 69.18 $ 11,991 $ 143,897 IT Specialist III 45 1 $ 39.13 $ 6,783 $ 81,394 IT Specialist III 45 2 $ 41.08 $ 7,121 $ 85,452 IT Specialist III 45 3 $ 43.13 $ 7,477 $ 89,720 IT Specialist III 45 4 $ 45.29 $ 7,850 $ 94,200 IT Specialist III 45 5 $ 47.58 $ 8,247 $ 98,969 IT Specialist III 45 6 $ 49.91 $ 8,651 $ 103,818 IT Specialist III 45 7 $ 52.41 $ 9,084 $ 109,008 IT Specialist III 45 8 $ 55.06 $ 9,543 $ 114,515 IT Specialist III 45 9 $ 57.81 $ 10,020 $ 120,241 IT Technician 28 1 $ 27.97 $ 4,848 $ 58,177 IT Technician 28 2 $ 29.36 $ 5,089 $ 61,065 IT Technician 28 3 $ 30.83 $ 5,344 $ 64,122 IT Technician 28 4 $ 32.37 $ 5,610 $ 67,321 IT Technician 28 5 $ 33.99 $ 5,891 $ 70,690 IT Technician 28 6 $ 35.69 $ 6,186 $ 74,229 IT Technician 28 7 $ 37.47 $ 6,495 $ 77,937 ITTechnician 28 8 $ 39.35 $ 6,820 $ 81,844 IT Technician 28 9 $ 41.32 $ 7,161 $ 85,936 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) IT Technician, Senior 16 1 $ 33.57 $ 5,819 $ 69,827 IT Technician, Senior 16 2 $ 35.24 $ 6,109 $ 73,305 IT Technician, Senior 16 3 $ 37.02 $ 6,416 $ 76,993 IT Technician, Senior 16 4 $ 38.87 $ 6,737 $ 80,841 IT Technician, Senior 16 5 $ 40.80 $ 7,073 $ 84,872 IT Technician, Senior 16 6 $ 42.84 $ 7,426 $ 89,114 IT Technician, Senior 16 7 $ 45.01 $ 7,802 $ 93,620 IT Technician, Senior 16 8 $ 47.23 $ 8,186 $ 98,231 IT Technician, Senior 16 9 $ 49.59 $ 8,595 $ 103,143 Management Assistant 37 1 $ 36.86 $ 6,390 $ 76,677 Management Assistant 37 2 $ 38.69 $ 6,706 $ 80,472 Management Assistant 37 3 $ 40.61 $ 7,040 $ 84,477 Management Assistant 37 4 $ 42.67 $ 7,395 $ 88,746 Management Assistant 37 5 $ 44.84 $ 7,773 $ 93,278 Management Assistant 37 6 $ 47.02 $ 8,151 $ 97,810 Management Assistant 37 7 $ 49.42 $ 8,566 $ 102,790 Management Assistant 37 8 $ 51.89 $ 8,994 $ 107,928 Management Assistant 37 9 $ 54.48 $ 9,444 $ 113,325 Permit Counter Supervisor 39 1 $ 39.51 $ 6,849 $ 82,184 Permit Counter Supervisor 39 2 $ 41.53 $ 7,198 $ 86,374 Permit Counter Supervisor 39 3 $ 43.57 $ 7,551 $ 90,616 Permit Counter Supervisor 39 4 $ 45.80 $ 7,938 $ 95,254 Permit Counter Supervisor 39 5 $ 48.05 $ 8,329 $ 99,944 Permit Counter Supervisor 39 6 $ 50.47 $ 8,748 $ 104,977 Permit Counter Supervisor 39 7 $ 53.00 $ 9,187 $ 110,247 Permit Counter Supervisor 39 8 $ 55.61 $ 9,640 $ 115,675 Permit Counter Supervisor 39 9 $ 58.39 $ 10,122 $ 121,459 Permit Technician I 24 1 $ 31.06 $ 5,384 $ 64,609 Permit Technician 1 24 2 $ 32.61 $ 5,652 $ 67,824 Permit Technician I 24 3 $ 34.24 $ 5,935 $ 71,223 Permit Technician 1 24 4 $ 35.93 $ 6,227 $ 74,727 Permit Technician 1 24 5 $ 37.73 $ 6,539 $ 78,469 Permit Technician 1 24 6 $ 39.61 $ 6,866 $ 82,396 Permit Technician 1 24 7 $ 41.61 $ 7,213 $ 86,558 Permit Technician I 24 8 $ 43.64 $ 7,564 $ 90,774 Permit Technician 1 24 9 $ 45.82 $ 7,943 $ 95,313 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Permit Technician II 35 1 $ 35.93 $ 6,227 $ 74,727 Permit Technician II 35 2 $ 37.73 $ 6,539 $ 78,469 Permit Technician II 35 3 $ 39.61 $ 6,866 $ 82,396 Permit Technician II 35 4 $ 41.61 $ 7,213 $ 86,558 Permit Technician II 35 5 $ 43.64 $ 7,564 $ 90,774 Permit Technician II 35 6 $ 45.90 $ 7,955 $ 95,465 Permit Technician II 35 7 $ 48.11 $ 8,340 $ 100,075 Permit Technician II 35 8 $ 50.60 $ 8,770 $ 105,240 Permit Technician II 35 9 $ 53.13 $ 9,209 $ 110,502 Planner, Assistant 35B 1 $ 35.93 $ 6,227 $ 74,727 Planner, Assistant 35B 2 $ 37.73 $ 6,539 $ 78,469 Planner, Assistant 35B 3 $ 39.61 $ 6,866 $ 82,396 Planner, Assistant 35B 4 $ 41.61 $ 7,213 $ 86,558 Planner, Assistant 35B 5 $ 43.64 $ 7,564 $ 90,774 Planner, Assistant 35B 6 $ 45.90 $ 7,955 $ 95,465 Planner, Assistant 35B 7 $ 48.11 $ 8,340 $ 100,075 Planner, Assistant 35B 8 $ 50.60 $ 8,770 $ 105,240 Planner, Assistant 35B 9 $ 53.13 $ 9,209 $ 110,502 Planner, Associate 55 1 $ 39.60 $ 6,864 $ 82,369 Planner, Associate 55 2 $ 41.59 $ 7,209 $ 86,506 Planner, Associate 55 3 $ 43.64 $ 7,564 $ 90,774 Planner, Associate 55 4 $ 45.83 $ 7,944 $ 95,333 Planner, Associate 55 5 $ 48.11 $ 8,340 $ 100,075 Planner, Associate 55 6 $ 50.52 $ 8,757 $ 105,082 Planner, Associate 55 7 $ 53.03 $ 9,192 $ 110,299 Planner, Associate 55 8 $ 55.71 $ 9,657 $ 115,886 Planner, Associate 55 9 $ 58.50 $ 10,140 $ 121,680 Planner, Senior 75 1 $ 47.63 $ 8,256 $ 99,074 Planner, Senior 75 2 $ 49.95 $ 8,658 $ 103,896 Planner, Senior 75 3 $ 52.43 $ 9,088 $ 109,061 Planner, Senior 75 4 $ 55.11 $ 9,552 $ 114,621 Planner, Senior 75 5 $ 57.83 $ 10,024 $ 120,286 Planner, Senior 75 6 $ 60.71 $ 10,522 $ 126,267 Planner, Senior 75 7 $ 63.76 $ 11,051 $ 132,617 Planner, Senior 75 8 $ 66.96 $ 11,607 $ 139,284 Planner, Senior 75 9 $ 70.31 $ 12,187 $ 146,248 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Planning Technician 34 1 $ 32.67 $ 5,663 $ 67,955 Planning Technician 34 2 $ 34.33 $ 5,951 $ 71,407 Planning Technician 34 3 $ 36.03 $ 6,245 $ 74,938 Planning Technician 34 4 $ 37.83 $ 6,557 $ 78,680 Planning Technician 34 5 $ 39.75 $ 6,890 $ 82,685 Planning Technician 34 6 $ 41.69 $ 7,226 $ 86,716 Planning Technician 34 7 $ 43.81 $ 7,593 $ 91,117 Planning Technician 34 8 $ 45.99 $ 7,971 $ 95,649 Planning Technician 34 9 $ 48.28 $ 8,369 $ 100,432 Public Works Inspector 1 33 1 $ 36.81 $ 6,381 $ 76,572 Public Works Inspector 1 33 2 $ 38.64 $ 6,697 $ 80,367 Public Works Inspector 1 33 3 $ 40.58 $ 7,033 $ 84,398 Public Works Inspector 1 33 4 $ 42.64 $ 7,391 $ 88,693 Public Works Inspector 1 33 5 $ 44.73 $ 7,753 $ 93,040 Public Works Inspector 1 33 6 $ 46.97 $ 8,142 $ 97,704 Public Works Inspector 1 33 7 $ 49.32 $ 8,548 $ 102,579 Public Works Inspector 1 33 8 $ 51.80 $ 8,979 $ 107,743 Public Works Inspector 1 33 9 $ 54.39 $ 9,428 $ 113,131 Public Works Inspector II 36A 1 $ 39.55 $ 6,855 $ 82,264 Public Works Inspector 11 36A 2 $ 41.55 $ 7,202 $ 86,427 Public Works Inspector II 36A 3 $ 43.63 $ 7,562 $ 90,748 Public Works Inspector 11 36A 4 $ 45.82 $ 7,942 $ 95,307 Public Works Inspector 11 36A 5 $ 48.10 $ 8,337 $ 100,049 Public Works Inspector II 36A 6 $ 50.49 $ 8,752 $ 105,029 Public Works Inspector II 36A 7 $ 53.02 $ 9,189 $ 110,273 Public Works Inspector 11 36A 8 $ 55.68 $ 9,651 $ 115,806 Public Works Inspector II 36A 9 $ 58.46 $ 10,133 $ 121,597 Public Works Inspector, Senior 44 1 $ 42.53 $ 7,371 $ 88,455 Public Works Inspector, Senior 44 2 $ 44.64 $ 7,738 $ 92,856 Public Works Inspector, Senior 44 3 $ 46.91 $ 8,131 $ 97,573 Public Works Inspector, Senior 44 4 $ 49.23 $ 8,533 $ 102,394 Public Works Inspector, Senior 44 5 $ 51.71 $ 8,963 $ 107,559 Public Works Inspector, Senior 44 6 $ 54.23 $ 9,400 $ 112,803 Public Works Inspector, Senior 44 7 $ 57.02 $ 9,883 $ 118,600 Public Works Inspector, Senior 44 8 $ 59.86 $ 10,375 $ 124,502 Public Works Inspector, Senior 44 9 $ 62.85 $ 10,894 $ 130,727 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Revenue Auditor 59 1 $ 40.06 $ 6,943 $ 83,317 Revenue Auditor 59 2 $ 42.11 $ 7,299 $ 87,586 Revenue Auditor 59 3 $ 44.19 $ 7,659 $ 91,907 Revenue Auditor 59 4 $ 46.35 $ 8,034 $ 96,413 Revenue Auditor 59 5 $ 48.70 $ 8,441 $ 101,288 Revenue Auditor 59 6 $ 51.15 $ 8,867 $ 106,400 Revenue Auditor 59 7 $ 53.69 $ 9,306 $ 111,670 Revenue Auditor 59 8 $ 56.37 $ 9,771 $ 117,256 Revenue Auditor 59 9 $ 59.19 $ 10,260 $ 123,118 Traffic Engineer Technician 37A 1 $ 36.86 $ 6,390 $ 76,677 Traffic Engineer Technician 37A 2 $ 38.69 $ 6,706 $ 80,472 Traffic Engineer Technician 37A 3 $ 40.61 $ 7,040 $ 84,477 Traffic Engineer Technician 37A 4 $ 42.67 $ 7,395 $ 88,746 Traffic Engineer Technician 37A 5 $ 44.84 $ 7,773 $ 93,278 Traffic Engineer Technician 37A 6 $ 47.02 $ 8,151 $ 97,810 Traffic Engineer Technician 37A 7 $ 49.42 $ 8,566 $ 102,790 Traffic Engineer Technician 37A 8 $ 51.89 $ 8,994 $ 107,928 Traffic Engineer Technician 37A 9 $ 54.48 $ 9,444 $ 113,325 Traffic Engineer Technician, Senior 48 1 $ 38.70 $ 6,708 $ 80,498 Traffic Engineer Technician, Senior 48 2 $ 40.65 $ 7,046 $ 84,556 Traffic Engineer Technician, Senior 48 3 $ 42.69 $ 7,400 $ 88,798 Traffic Engineer Technician, Senior 48 4 $ 44.83 $ 7,771 $ 93,251 Traffic Engineer Technician, Senior 48 5 $ 47.05 $ 8,155 $ 97,862 Traffic Engineer Technician, Senior 48 6 $ 49.42 $ 8,566 $ 102,790 Traffic Engineer Technician, Senior 48 7 $ 51.89 $ 8,994 $ 107,928 Traffic Engineer Technician, Senior 48 8 $ 54.49 $ 9,444 $ 113,330 Traffic Engineer Technician, Senior 48 9 $ 57.21 $ 9,916 $ 118,996 Water Conservation Coordinator 40 1 $ 41.26 $ 7,152 $ 85,821 Water Conservation Coordinator 40 2 $ 43.32 $ 7,510 $ 90,115 Water Conservation Coordinator 40 3 $ 45.47 $ 7,881 $ 94,569 Water Conservation Coordinator 40 4 $ 47.73 $ 8,274 $ 99,285 Water Conservation Coordinator 40 5 $ 50.17 $ 8,695 $ 104,344 Water Conservation Coordinator 40 6 $ 52.65 $ 9,126 $ 109,509 Water Conservation Coordinator 40 7 $ 55.26 $ 9,578 $ 114,937 Water Conservation Coordinator 40 8 $ 58.08 $ 10,068 $ 120,813 Water Conservation Coordinator 40 9 $ 60.99 $ 10,571 $ 126,854 EXHIBIT B: Side Letter of Agreement Between the City and NBPTEA The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment (COLA) Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual rates may vary slightly due to rounding. SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TEHCNICAL EMPLOYEES ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this 71 day of NI 0 JET E tZ 2022, by and between the City of Newport Beach ("City") and the Newport Beach Professional and Technical Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022, through December 31, 2025; WHEREAS, given increases in the cost of medical insurance and to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affected bargaining unit and approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. The following language in Section 4.D.2. Fringe Benefits, Retirement Benefit, Employee Contributions, of the MOU is amended to read as follows: 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the Ca1PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. Employee retirement contributions that are in addition to the normal Ca1PERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation (known either as compensation earnable or pensionable compensation) and will be made on a pre- tax basis through payroll deduction, to the extent allowable by law. It is recognized that these payments will not be reported to Ca1PERS as contributions toward either the Member or Employer rate, as provided under Government Code Section 20516(f). Under a separate agreement and ratified via a contract amendment with Ca1PERS in 2008, Tier I employees shall contribute 2.42% compensation earnable (as cost sharing) per Government Code section 20516(a). NBPTEA Side Letter Agreement Page 1 of 4 Tier I Employees - shall contribute a total employee contribution of 13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(f). Temporary Reduction. Effective the pay period that includes January 1, 2023, Tier I Employees shall contribute a total employee contribution of 11.5% as follows: Tier 1 — Eight percent (8%) member contributions, 2.42% of compensation eamable as cost sharing per Government Code section 20516(a) and 1.08% of compensation earnable as cost sharing per Government Code section 20516(0. This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, Tier I Employees shall contribute a total employee contribution of 13% as follows: Tier 1 — Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(0. Tier II Employees - shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(0. Temporary Reduction. Effective the pay period that includes January 1, 2023, Tier II Employees shall contribute a total employee contribution of 11.5% as follows: seven percent (7%) (compensation earnable) member contribution and four and one-half percent (4.5%) of compensation earnable as cost sharing per Government Code section 20516(0. This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, Tier II employees shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation eamable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(0. Tier III Employees - The minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(0, such that the total employee contribution equals 13% of pensionable compensation. Temporary Reduction. Effective the pay period that includes January 1, 2023, the minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(0, such that the total employee contribution equals no less than 11.5% of pensionable compensation (i.e., NBPTEA Side Letter Agreement Page 2 of 4 the greater of 11.5% or 50% of the "total normal cost"). This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2024. Accordingly, effective the pay period that includes January 1, 2025, the minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier III employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(0, such that the total employee contribution equals no less than 13% of pensionable compensation (i.e., the greater of 13% or 50% of the "total normal cost"). The City contracts with Ca1PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Government Code Section 21548) 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page NBPTEA Side Letter Agreement Page 3 of 4 Executed this Q / day of 7Jv(,n1 k1, 2022 ATTEST: By: FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: By: /- (lti L L �{ Q,t1 GttilrC Monigd6 Navarrete, President FOR THE CITY OF ► ' WPORT BEAC By: Kevin ldoon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: aron C. Harp, City Attorney Leilani Brow n`City Cler14A NBPTEA Side Letter Agreement Page 4 of 4 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION This Side Letter of Agreement ("Agreement") is made and entered into this,2:6 flay of K1wC7 V 5-c 2022, by and between the City of Newport Beach ("City") and the Newport Beach Professional and Technical Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022, through December 31, 2025; WHEREAS, given increases in the Cost -of -Living and to aid in the recruitment and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, this Agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affected bargaining unit and approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 2, Compensation, Subsection A, Salary, of the MOU is amended to read as follows: Base salary increases for all NBPTEA represented classifications shall be as follows and as specified in Exhibit A: Effective the pay period that includes January 1, 2022, base salaries will be increased by one percent (1.0%) for all represented classifications. Effective the pay period that includes January 1, 2023, base salaries will be increased by three percent (3.0%) for all represented classifications. Effective the pay period that includes January 1, 2024, base salaries will be increased by three percent (3.0%) for all represented classifications. Effective the pay period that includes January 1, 2025, base salaries will be increased by three percent (3.0%) for all represented classifications. 2. Exhibit A of the MOU is replaced in its entirety with Exhibit A to this Agreement, which is attached hereto and incorporated herein by this reference. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures on the next page Executed this 23 day of AtX U51 , 2022 ATTEST: By: FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: By: Moniq 17 Navarrete, President FOR THE CITY OF NEWPORT BEACH: By• Kevin M oon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney Leilani Brown, C. Clerk Attachment: Exhibit A — Salary Schedule with Cost -of -Living Adjustment EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment EPRESENTED POSITI Accountant Accountant Accountant Accountant Accountant Accountant Accountant Accountant Accountant, Senior Accountant, Senior Accountant, Senior Accountant, Senior Accountant, Senior Accountant, Senior Accountant, Senior Accountant, Senior Building Inspector I Building Inspector Building Inspector I Building Inspector I Building Inspector l Building Inspector I Building Inspector l Building Inspector I Building Inspector II Building Inspector 11 Building Inspector II Building Inspector 11 Building Inspector II Building Inspector 11 Building Inspector II Building Inspector II Building Inspector, Principal Building Inspector, Principal Building Inspector, Principal Building Inspector, Principal Building Inspector, Principal Building Inspector, Principal 30 1 $ 35.18 $ 6,097 $ 73,170 30 2 $ 36.92 $ 6,400 $ 76,796 30 3 $ 38.77 $ 6,721 $ 80,646 30 4 $ 40.74 $ 7,062 $ 84,744 30 5 $ 42.74 $ 7,408 $ 88,891 30 6 $ 44.91 $ 7,784 $ 93,412 30 7 $ 47.08 $ 8,161 $ 97,932 30 8 $ 49.42 $ 8,567 $ 102,800 31 1 $ 40.41 $ 7,004 $ 84,048 31 2 $ 42.46 $ 7,360 $ 88,320 31 3 $ 44.55 $ 7,722 $ 92,667 31 4 $ 46.82 $ 8,116 $ 97,386 31 5 $ 49.15 $ 8,519 $ 102,229 31 6 $ 51.60 $ 8,943 $ 107,321 31 7 $ 54.15 $ 9,386 $ 112,636 31 8 $ 56.86 $ 9,856 $ 118,274 33A 1 $ 34.70 $ 6,015 $ 72,176 33A 2 $ 36.42 $ 6,313 $ 75,753 33A 3 $ 38.25 $ 6,629 $ 79,553 33A 4 $ 40,19 $ 6,967 $ 83,602 33A 5 $ 42.16 $ 7,308 $ 87,700 33A 6 $ 44.28 $ 7,675 $ 92,096 33A 7 $ 46.49 $ 8,058 $ 96,691 33A 8 $ 48.83 $ 8,463 $ 101,559 36 1 $ 37.28 $ 6,462 $ 77,542 36 2 $ 39.17 $ 6,789 $ 81,465 36 3 $ 41.12 $ 7,128 $ 85,538 36 4 $ 43.19 $ 7,486 $ 89,836 36 5 $ 45.34 $ 7,859 $ 94,306 36 6 $ 47.60 $ 8,250 $ 99,000 36 7 $ 49.97 $ 8,662 $ 103,943 36 8 $ 52.48 $ 9,097 $ 109,159 99 1 $ 44.19 $ 7,660 $ 91,922 99 2 $ 46.39 $ 8,041 $ 96,492 99 3 $ 48.71 $ 8,443 $ 101,310 99 4 $ 51.12 $ 8,861 $ 106,327 99 5 $ 53.69 $ 9,306 $ 111,667 99 6 $ 56.38 $ 9,773 $ 117,280 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment REPRESENTED POSITIONS Building Inspector, Principal 99 7 $ 59.19 $ 10,260 $ Building Inspector, Principal 99 8 $ 62.18 $ 10,777 $ Building Inspector, Senior 44A 1 $ 40.09 $ 6,948 $ Building Inspector, Senior 44A 2 $ 42.08 $ 7,294 $ Building Inspector, Senior 44A 3 $ 44.22 $ 7,664 $ Building Inspector, Senior 44A 4 $ 46.40 $ 8,043 $ Building Inspector, Senior 44A 5 $ 48.74 $ 8,449 $ Building Inspector, Senior 44A 6 $ 51.12 $ 8,861 $ Building Inspector, Senior 44A 7 $ 53.75 $ 9,316 $ Building Inspector, Senior 44A 8 $ 56.42 $ 9,780 $ Civil Engineer 95 1 $ 48.83 $ 8,463 $ Civil Engineer 95 2 $ 51.32 $ 8,896 $ Civil Engineer 95 3 $ 53.85 $ 9,335 $ Civil Engineer 95 4 $ 56.54 $ 9,800 $ Civil Engineer 95 5 $ 59.39 $ 10,295 $ Civil Engineer 95 6 $ 62.37 $ 10,810 $ Civil Engineer 95 7 $ 65.46 $ 11,346 $ Civil Engineer 95 8 $ 68.74 $ 11,916 $ Civil Engineer, Associate 90 1 $ 46.56 $ 8,070 $ Civil Engineer, Associate 90 2 $ 48.87 $ 8,471 $ Civil Engineer, Associate 90 3 $ 51.35 $ 8,900 $ Civil Engineer, Associate 90 4 $ 53.88 $ 9,339 $ Civil Engineer, Associate 90 5 $ 56.58 $ 9,806 $ Civil Engineer, Associate 90 6 $ 59.41 $ 10,297 $ Civil Engineer, Associate 90 7 $ 62.39 $ 10,814 $ Civil Engineer, Associate 90 8 $ 65.47 $ 11,348 $ Civil Engineer, Senior 98 1 $ 53.79 $ 9,324 $ Civil Engineer, Senior 98 2 $ 56.46 $ 9,786 $ Civil Engineer, Senior 98 3 $ 59.29 $ 10,276 $ Civil Engineer, Senior 98 4 $ 62.25 $ 10,790 $ Civil Engineer, Senior 98 5 $ 65.38 $ 11,332 $ Civil Engineer, Senior 98 6 $ 68.64 $ 11,897 $ Civil Engineer, Senior 98 7 $ 72.06 $ 12,491 $ Civil Engineer, Senior 98 8 $ 75.67 $ 13,116 $ Code Enforcement Officer I 23 1 $ 29.43 $ 5,102 $ Code Enforcement Officer I 23 2 $ 30.90 $ 5,356 $ Code Enforcement Officer I 23 3 $ 32.46 $ 5,626 $ Code Enforcement Officer I 23 4 $ 34.09 $ 5,909 $ 123,117 129,327 83,378 87,526 91,972 96,517 101,384 106,327 111,791 117,355 101,559 106,750 112,015 117,603 123,539 129,724 136,156 142,986 96,839 101,658 106,799 112,065 117,678 123,564 129,773 136,181 111,890 117,429 123,316 129,475 135,983 142,763 149,892 157,392 61,223 64,278 67,507 70,910 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment REPRESENTED POSITIONS Code Enforcement Officer I Code Enforcement Officer I Code Enforcement Officer I Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Officer II Code Enforcement Officer II Code Enforcement Officer II Code Enforcement Officer II Code Enforcement Officer II Code Enforcement Officer II Code Enforcement Officer 11 Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer Trainee Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Officer, Senior Code Enforcement Supervisor Code Enforcement Supervisor Code Enforcement Supervisor Code Enforcement Supervisor Code Enforcement Supervisor Code Enforcement Supervisor Code Enforcement Supervisor Code Enforcement Supervisor Construction Inspection Supervisor Construction Inspection Supervisor 23 23 23 23 35A 35A 35A 35A 35A 35A 35A 35A 29 29 29 29 29 29 29 29 47 47 47 47 47 47 47 47 99A 99A 99A 99A 99A 99A 99A 99A 90A 90A 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 35.79 37.59 39.45 41.42 33.86 35.56 37.34 39.23 41.14 43.26 45.35 47.69 24.54 25.76 27.05 28.40 29.82 31.31 32.87 34.52 38.12 40.03 42.01 44.15 46.32 48.64 51.07 53.63 44.19 46.39 48.71 51.12 53.69 56.38 59.19 62.18 44.19 46.39 6,203 6,516 6,838 7,180 5,870 6,164 6,472 6,799 7,130 7,499 7,861 8,267 4,253 4,464 4,688 4,922 5,168 5,427 5,698 5,984 6,607 6,938 7,281 7,652 8,029 8,430 8,852 9,295 7,660 8,041 8,443 8,861 9,306 9,773 10,260 10,777 7,660 8,041 74,436 78,187 82,061 86,159 70,438 73,965 77,666 81,590 85,563 89,984 94,331 99,199 51,040 53,574 56,256 59,063 62,018 65,122 68,376 71,804 79,280 83,254 87,377 91,823 96,342 101,161 106,228 111,543 91,922 96,492 101,310 106,327 111,667 117,280 123,117 129,327 91,922 96,492 EXHIBITA RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Construction Inspection Supervisor 90A 3 $ 48.71 $ 8,443 $ Construction Inspection Supervisor 90A 4 $ 51.12 $ 8,861 $ Construction Inspection Supervisor 90A 5 $ 53,69 $ 9,306 $ Construction Inspection Supervisor 90A 6 $ 56.38 $ 9,773 $ Construction Inspection Supervisor 90A 7 $ 59.19 $ 10,260 $ Construction Inspection Supervisor 90A 8 $ 62.18 $ 10,777 $ Elect, Mech and Plumb Plans Examiner 90B 1 $ 46.56 $ 8,070 $ Elect, Mech and Plumb Plans Examiner 90B 2 $ 48.87 $ 8,471 $ Elect, Mech and Plumb Plans Examiner 90B 3 $ 51.35 $ 8,900 $ Elect, Mech and Plumb Plans Examiner 908 4 $ 53.88 $ 9,339 $ Elect, Mech and Plumb Plans Examiner 90B 5 $ 56.58 $ 9,806 $ Elect, Mech and Plumb Plans Examiner 90B 6 $ 59.41 $ 10,297 $ Elect, Mech and Plumb Plans Examiner 90B 7 $ 62.39 $ 10,814 $ Elect, Mech and Plumb Plans Examiner 90B 8 $ 65.47 $ 11,348 $ Engineer, Associate 85 1 $ 44.31 $ 7,681 $ Engineer, Associate 85 2 $ 46.56 $ 8,070 $ Engineer, Associate 85 3 $ 48.87 $ 8,471 $ Engineer, Associate 85 4 $ 51.35 $ 8,900 $ Engineer, Associate 85 5 $ 53.88 $ 9,339 $ Engineer, Associate 85 6 $ 56.58 $ 9,806 $ Engineer, Associate 85 7 $ 59.41 $ 10,297 $ Engineer, Associate 85 8 $ 62.39 $ 10,814 $ Engineer, Junior 54 1 $ 40.09 $ 6,948 $ Engineer, Junior 54 2 $ 42.07 $ 7,292 $ Engineer, Junior 54 3 $ 44.24 $ 7,668 $ Engineer, Junior 54 4 $ 46.39 $ 8,041 $ Engineer, Junior 54 5 $ 48.74 $ 8,449 $ Engineer, Junior 54 6 $ 51.13 $ 8,863 $ Engineer, Junior 54 7 $ 53.75 $ 9,316 $ Engineer, Junior 54 8 $ 56.44 $ $ 9,784 Engineering Technician 15 1 $ 30.70 $ 5,321 $ Engineering Technician 15 2 $ 32.23 $ 5,586 $ Engineering Technician 15 3 $ 33.88 $ 5,872 $ Engineering Technician 15 4 $ 35.56 $ 6,164 $ Engineering Technician 15 5 $ 37.35 $ 6,474 $ Engineering Technician 15 6 $ 39.21 $ 6,797 $ Engineering Technician 15 7 $ 41.14 $ 7,130 $ Engineering Technician 15 8 $ 43.26 $ 7,499 $ 101,310 106,327 111,667 117,280 123,117 129,327 96,839 101,658 106,799 112,065 117,678 123,564 129,773 136,181 92,170 96,839 101,658 106,799 112,065 117,678 123,564 129,773 83,378 87,501 92,021 96,492 101,384 106,352 111,791 117,405 63,856 67,035 70,463 73,965 77,690 81,565 85,563 89,984 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment OS• ITIONS Engineering Technician, Senior 35D 1 $ 33.86 $ 5,870 $ Engineering Technician, Senior 35D 2 $ 35.56 $ 6,164 $ Engineering Technician, Senior 35D 3 $ 37.34 $ 6,472 $ Engineering Technician, Senior 35D 4 $ 39.23 $ 6,799 $ Engineering Technician, Senior 35D 5 $ 41.14 $ 7,130 $ Engineering Technician, Senior 35D 6 $ 43.26 $ 7,499 $ Engineering Technician, Senior 35D 7 $ 45.35 $ 7,861 $ Engineering Technician, Senior 35D 8 $ 47.69 $ 8,267 $ Harbor Resources Technician I 09 1 $ 26.58 $ 4,607 $ Harbor Resources Technician I 09 2 $ 27.86 $ 4,829 $ Harbor Resources Technician I 09 3 $ 29.29 $ 5,077 $ Harbor Resources Technician I 09 4 $ 30.77 $ 5,334 $ Harbor Resources Technician I 09 5 $ 32.29 $ 5,597 $ Harbor Resources Technician I 09 6 $ 33.90 $ 5,876 $ Harbor Resources Technician I 09 7 $ 35.61 $ 6,172 $ Harbor Resources Technician I 09 8 $ 37.40 $ 6,482 $ IT Analyst 61 1 $ 39.76 $ 6,892 $ IT Analyst 61 2 $ 41.76 $ 7,238 $ IT Analyst 61 3 $ 43.82 $ 7,596 $ IT Analyst 61 4 $ 46.01 $ 7,975 $ IT Analyst 61 5 $ 48.32 $ 8,376 $ IT Analyst 61 6 $ 50.74 $ 8,794 $ IT Analyst 61 7 $ 53.28 $ 9,235 $ IT Analyst 61 8 $ 55.93 $ 9,695 $ IT Analyst, Senior 41 1 $ 44.16 $ 7,654 $ IT Analyst, Senior 41 2 $ 46.34 $ 8,033 $ IT Analyst, Senior 41 3 $ 48.64 $ 8,430 $ IT Analyst, Senior 41 4 $ 51.07 $ 8,852 $ IT Analyst, Senior 41 5 $ 53.64 $ 9,297 $ IT Analyst, Senior 41 6 $ 56.35 $ 9,767 $ IT Analyst, Senior 41 7 $ 59.14 $ 10,251 $ IT Analyst, Senior 41 8 $ 62.10 $ 10,765 $ IT Specialist III 45 1 $ 36.89 $ 6,393 $ IT Specialist III 45 2 $ 38.72 $ 6,712 $ IT Specialist III 45 3 $ 40.66 $ 7,047 $ IT Specialist III 45 4 $ 42.69 $ 7,399 $ IT Specialist III 45 5 $ 44.85 $ 7,774 $ IT Specialist III 45 6 $ 47.05 $ 8,155 $ 70,438 73,965 77,666 81,590 85,563 89,984 94,331 99,199 55,287 57,945 60,925 64,005 67,159 70,512 74,064 77,790 82,708 86,855 91,152 95,697 100,515 105,533 110,822 116,337 91,847 96,393 101,161 106,228 111,568 117,206 123,017 129,178 76,721 80,546 84,570 88,793 93,287 97,858 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment IT Specialist III 45 7 $ 49.40 $ 8,563 $ IT Specialist III 45 8 $ 51.89 $ 8,995 $ IT Technician 28 1 $ 26.36 $ 4,570 $ IT Technician 28 2 $ 27.67 $ 4,797 $ IT Technician 28 3 $ 29.06 $ 5,037 $ IT Technician 28 4 $ 30.51 $ 5,288 $ IT Technician 28 5 $ 32.03 $ 5,553 $ IT Technician 28 6 $ 33.64 $ 5,831 $ IT Technician 28 7 $ 35.32 $ 6,122 $ IT Technician 28 8 $ 37.09 $ 6,429 $ IT Technician, Senior 16 1 $ 31.64 $ 5,485 $ IT Technician, Senior 16 2 $ 33.22 $ 5,758 $ IT Technician, Senior 16 3 $ 34.89 $ 6,048 $ IT Technician, Senior 16 4 $ 36.63 $ 6,350 $ IT Technician, Senior 16 5 $ 38.46 $ 6,667 $ IT Technician, Senior 16 6 $ 40.38 $ 7,000 $ IT Technician, Senior 16 7 $ 42.43 $ 7,354 $ IT Technician, Senior 16 8 $ 44.52 $ 7,716 $ Management Assistant 37 1 $ 34.75 $ 6,023 $ Management Assistant 37 2 $ 36.47 $ 6,321 $ Management Assistant 37 3 $ 38.28 $ 6,636 $ Management Assistant 37 4 $ 40.22 $ 6,971 $ Management Assistant 37 5 $ 42.27 $ 7,327 $ Management Assistant 37 6 $ 44.32 $ 7,683 $ Management Assistant 37 7 $ 46.58 $ 8,074 $ Management Assistant 37 8 $ 48.91 $ 8,478 $ Permit Counter Supervisor 39 1 $ 37.24 $ 6,456 $ Permit Counter Supervisor 39 2 $ 39.14 $ 6,785 $ Permit Counter Supervisor 39 3 $ 41.06 $ 7,118 $ Permit Counter Supervisor 39 4 $ 43.17 $ 7,482 $ Permit Counter Supervisor 39 5 $ 45.29 $ 7,851 $ Permit Counter Supervisor 39 6 $ 47.57 $ 8,246 $ Permit Counter Supervisor 39 7 $ 49.96 $ 8,660 $ Permit Counter Supervisor 39 8 $ 52.42 $ 9,086 $ Permit Technician I 24 1 $ 29.28 $ 5,075 $ Permit Technician I 24 2 $ 30.74 $ 5,328 $ Permit Technician I 24 3 $ 32.28 $ 5,595 $ Permit Technician I 24 4 $ 33.86 $ 5,870 $ 102,751 107,941 54,837 57,559 60,441 63,457 66,632 69,968 73,463 77,146 65,818 69,097 72,573 76,200 80,000 83,999 88,246 92,593 72,276 75,853 79,627 83,651 87,923 92,195 96,890 101,733 77,466 81,416 85,414 89,786 94,207 98,951 103,918 109,035 60,900 63,930 67,135 70,438 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Permit Technician I 24 5 $ 35.56 $ 6,164 $ Permit Technician I 24 6 $ 37.34 $ 6,472 $ Permit Technician I 24 7 $ 39.23 $ 6,799 $ Permit Technician I 24 8 $ 41.14 $ 7,130 $ Permit Technician II 35 1 $ 33.86 $ 5,870 $ Permit Technician II 35 2 $ 35.56 $ 6,164 $ Permit Technician II 35 3 $ 37.34 $ 6,472 $ Permit Technician II 35 4 $ 39.23 $ 6,799 $ Permit Technician II 35 5 $ 41.14 $ 7,130 $ Permit Technician II 35 6 $ 43.26 $ 7,499 $ Permit Technician II 35 7 $ 45.35 $ 7,861 $ Permit Technician II 35 8 $ 47.69 $ 8,267 $ Planner, Assistant 35B 1 $ 33.86 $ 5,870 $ Planner, Assistant 35B 2 $ 35.56 $ 6,164 $ Planner, Assistant 35B 3 $ 37.34 $ 6,472 $ Planner, Assistant 35B 4 $ 39.23 $ 6,799 $ Planner, Assistant 35B 5 $ 41.14 $ 7,130 $ Planner, Assistant 35B 6 $ 43.26 $ 7,499 $ Planner, Assistant 35B 7 $ 45.35 $ 7,861 $ Planner, Assistant 35B 8 $ 47.69 $ 8,267 $ Planner, Associate 55 1 $ 37.33 $ 6,470 $ Planner, Associate 55 2 $ 39.20 $ 6,795 $ Planner, Associate 55 3 $ 41.14 $ 7,130 $ Planner, Associate 55 4 $ 43.20 $ 7,488 $ Planner, Associate 55 5 $ 45.35 $ 7,861 $ Planner, Associate 55 6 $ 47.62 $ 8,254 $ Planner, Associate 55 7 $ 49.98 $ 8,664 $ Planner, Associate 55 8 $ 52.52 $ 9,103 $ Planner, Senior 75 1 $ 44.90 $ 7,782 $ Planner, Senior 75 2 $ 47.08 $ 8,161 $ Planner, Senior 75 3 $ 49.42 $ 8,567 $ Planner, Senior 75 4 $ 51.94 $ 9,003 $ Planner, Senior 75 5 $ 54.51 $ 9,448 $ Planner, Senior 75 6 $ 57.22 $ 9,918 $ Planner, Senior 75 7 $ 60.10 $ 10,417 $ Planner, Senior 75 8 $ 63.12 $ 10,941 $ Planning Technician 34 1 $ 30.80 $ 5,338 $ Planning Technician 34 2 $ 32.36 $ 5,609 $ 73,965 77,666 81,590 85,563 70,438 73,965 77,666 81,590 85,563 89,984 94,331 99,199 70,438 73,965 77,666 81,590 85,563 89,984 94,331 99,199 77,641 81,540 85,563 89,861 94,331 99,050 103,968 109,233 93,387 97,932 102,800 108,041 113,381 119,019 125,005 131,288 64,054 67,308 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment Planning Technician 34 3 $ 33.96 $ 5,886 $ Planning Technician 34 4 $ 35.66 $ 6,180 $ Planning Technician 34 5 $ 37.47 $ 6,495 $ Planning Technician 34 6 $ 39.30 $ 6,812 $ Planning Technician 34 7 $ 41.29 $ 7,157 $ Planning Technician 34 8 $ 43.35 $ 7,513 $ Public Works Inspector I 33 1 $ 34.70 $ 6,015 $ Public Works Inspector I 33 2 $ 36.42 $ 6,313 $ Public Works Inspector I 33 3 $ 38.25 $ 6,629 $ Public Works Inspector I 33 4 $ 40.19 $ 6,967 $ Public Works Inspector I 33 5 $ 42.16 $ 7,308 $ Public Works Inspector I 33 6 $ 44.28 $ 7,675 $ Public Works Inspector I 33 7 $ 46.49 $ 8,058 $ Public Works Inspector I 33 8 $ 48.83 $ 8,463 $ Public Works Inspector 11 36A 1 $ 37.28 $ 6,462 $ Public Works Inspector II 36A 2 $ 39.17 $ 6,789 $ Public Works Inspector II 36A 3 $ 41.12 $ 7,128 $ Public Works Inspector II 36A 4 $ 43.19 $ 7,486 $ Public Works Inspector II 36A 5 $ 45.34 $ 7,859 $ Public Works Inspector 11 36A 6 $ 47.60 $ 8,250 $ Public Works Inspector II 36A 7 $ 49.97 $ 8,662 $ Public Works Inspector II 36A 8 $ 52.48 $ 9,097 $ Public Works Inspector, Senior 44 1 $ 40.09 $ 6,948 $ Public Works Inspector, Senior 44 2 $ 42.08 $ 7,294 $ Public Works Inspector, Senior 44 3 $ 44.22 $ 7,664 $ Public Works Inspector, Senior 44 4 $ 46.40 $ 8,043 $ Public Works Inspector, Senior 44 5 $ 48.74 $ 8,449 $ Public Works Inspector, Senior 44 6 $ 51.12 $ 8,861 $ Public Works Inspector, Senior 44 7 $ 53.75 $ 9,316 $ Public Works Inspector, Senior 44 8 $ 56.42 $ 9,780 $ Revenue Auditor 59 1 $ 37.76 $ 6,545 $ Revenue Auditor 59 2 $ 39.69 $ 6,880 $ Revenue Auditor 59 3 $ 41.65 $ 7,219 $ Revenue Auditor 59 4 $ 43.69 $ $ 7,573 Revenue Auditor 59 5 $ 45.90 $ 7,956 $ Revenue Auditor 59 6 $ 48.22 $ 8,358 $ Revenue Auditor 59 7 $ 50.61 $ 8,772 $ Revenue Auditor 59 8 $ 53.14 $ 9,210 $ 70,636 74,163 77,939 81,739 85,887 90,159 72,176 75,753 79,553 83,602 87,700 92,096 96,691 101,559 77,542 81,465 85,538 89,836 94,306 99,000 103,943 109,159 83,378 87,526 91,972 96,517 101,384 106,327 111,791 117,355 78,534 82,558 86,631 90,879 95,474 100,292 105,259 110,525 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 31, 2022 - 3% Cost -of -Living Adjustment REPRESENTED POSITIONS. Traffic Engineer Technician 37A 1 $ 34.75 $ 6,023 $ 72,276 Traffic Engineer Technician 37A 2 $ 36.47 $ 6,321 $ 75,853 Traffic Engineer Technician 37A 3 $ 38.28 $ 6,636 $ 79,627 Traffic Engineer Technician 37A 4 $ 40.22 $ 6,971 $ 83,651 Traffic Engineer Technician 37A 5 $ 42.27 $ 7,327 $ 87,923 Traffic Engineer Technician 37A 6 $ 44.32 $ 7,683 $ 92,195 Traffic Engineer Technician 37A 7 $ 46.58 $ 8,074 $ 96,890 Traffic Engineer Technician 37A 8 $ 48.91 $ 8,478 $ 101,733 Traffic Engineer Technician, Senior 48 1 $ 36.48 $ 6,323 $ 75,877 Traffic Engineer Technician, Senior 48 2 $ 38.32 $ 6,642 $ 79,702 Traffic Engineer Technician, Senior 48 3 $ 40.24 $ 6,975 $ 83,701 Traffic Engineer Technician, Senior 48 4 $ 42.26 $ 7,325 $ 87,898 Traffic Engineer Technician, Senior 48 5 $ 44.35 $ 7,687 $ 92,245 Traffic Engineer Technician, Senior 48 6 $ 46.58 $ 8,074 $ 96,890 Traffic Engineer Technician, Senior 48 7 $ 48.91 $ 8,478 $ 101,733 Traffic Engineer Technician, Senior 48 8 $ 51.36 $ 8,902 $ 106,824 Water Conservation Coordinator 40 1 $ 38.89 $ 6,741 $ 80,894 Water Conservation Coordinator 40 2 $ 40.84 $ 7,079 $ 84,943 Water Conservation Coordinator 40 3 $ 42.86 $ 7,428 $ 89,140 Water Conservation Coordinator 40 4 $ 44.99 $ 7,799 $ 93,586 Water Conservation Coordinator 40 5 $ 47.29 $ 8,196 $ 98,355 Water Conservation Coordinator 40 6 $ 49.63 $ 8,602 $ 103,222 Water Conservation Coordinator 40 7 $ 52.09 $ 9,028 $ 108,339 Water Conservation Coordinator 40 8 $ 54.75 $ 9,490 $ 113,878 Hourly pay rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. EXHIBIT A RESOLUTION NO, 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment REPRESENTED POSITI1_ GRADE Accountant 30 1 $ 36.23 $ 6,280 $ Accountant 30 2 $ 38.03 $ 6,592 $ Accountant 30 3 $ 39.94 $ 6,922 $ Accountant 30 4 $ 41.96 $ 7,274 $ Accountant 30 5 $ 44.02 $ 7,630 $ Accountant 30 6 $ 46.26 $ 8,018 $ Accountant 30 7 $ 48.50 $ 8,406 $ Accountant 30 8 $ 50.91 $ 8,824 $ Accountant, Senior 31 1 $ 41.62 $ 7,214 $ Accountant, Senior 31 2 $ 43.74 $ 7,581 $ Accountant, Senior 31 3 $ 45.89 $ 7,954 $ Accountant, Senior 31 4 $ 48.22 $ 8,359 $ Accountant, Senior 31 5 $ 50.62 $ 8,775 $ Accountant, Senior 31 6 $ 53.14 $ 9,212 $ Accountant, Senior 31 7 $ 55.78 $ 9,668 $ Accountant, Senior 31 8 $ 58.57 $ 10,152 $ Building Inspector I 33A 1 $ 35.74 $ 6,195 $ Building Inspector I 33A 2 $ 37.51 $ 6,502 $ Building Inspector I 33A 3 $ 39.39 $ 6,828 $ Building Inspector I 33A 4 $ 41.40 $ 7,176 $ Building Inspector I 33A 5 $ 43.43 $ 7,528 $ Building Inspector I 33A 6 $ 45.61 $ 7,905 $ Building Inspector I 33A 7 $ 47.88 $ 8,299 $ Building Inspector I 33A 8 $ 50.29 $ 8,717 $ Building Inspector 11 36 1 $ 38.40 $ 6,656 $ Building Inspector 11 36 2 $ 40.34 $ 6,992 $ Building Inspector II 36 3 $ 42.36 $ 7,342 $ Building Inspector II 36 4 $ 44.49 $ 7,711 $ Building Inspector II 36 5 $ 46.70 $ 8,095 $ Building Inspector II 36 6 $ 49.02 $ 8,498 $ Building Inspector II 36 7 $ 51.47 $ 8,922 $ Building Inspector 11 36 8 $ 54.05 $ 9,369 $ Building Inspector, Principal 99 1 $ 45.52 $ 7,890 $ Building Inspector, Principal 99 2 $ 47.78 $ 8,282 $ Building Inspector, Principal 99 3 $ 50.17 $ 8,696 $ Building Inspector, Principal 99 4 $ 52.65 $ 9,126 $ Building Inspector, Principal 99 5 $ 55.30 $ 9,585 $ Building Inspector, Principal 99 6 $ 58.08 $ 10,067 $ sY: 75,365 79,100 83,066 87,286 91,558 96,215 100,870 105,884 86,570 90,970 95,447 100,308 105,296 110,540 116,015 121,822 74,342 78,026 81,940 86,110 90,331 94,858 99,591 104,605 79,868 83,909 88,105 92,531 97,135 101,970 107,061 112,433 94,680 99,386 104,349 109,517 115,017 120,799 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment REPRESENTED POSITIO: Building Inspector, Principal 99 7 $ 60.97 $ 10,568 $ Building Inspector, Principal 99 8 $ 64.04 $ 11,101 $ Building Inspector, Senior 44A 1 $ 41.29 $ 7,157 $ Building Inspector, Senior 44A 2 $ 43.34 $ 7,513 $ Building Inspector, Senior 44A 3 $ 45.54 $ 7,894 $ Building Inspector, Senior 44A 4 $ 47.79 $ 8,284 $ Building Inspector, Senior 44A 5 $ 50.20 $ 8,702 $ Building Inspector, Senior 44A 6 $ 52.65 $ 9,126 $ Building Inspector, Senior 44A 7 $ 55.36 $ 9,595 $ Building Inspector, Senior 44A 8 $ 58.11 $ 10,073 $ Civil Engineer 95 1 $ 50.29 $ 8,717 $ Civil Engineer 95 2 $ 52.86 $ 9,163 $ Civil Engineer 95 3 $ 55.47 $ 9,615 $ Civil Engineer 95 4 $ 58.24 $ 10,094 $ Civil Engineer 95 5 $ 61.18 $ 10,604 $ Civil Engineer 95 6 $ 64.24 $ 11,135 $ Civil Engineer 95 7 $ 67.42 $ 11,687 $ Civil Engineer 95 8 $ 70.81 $ 12,273 $ Civil Engineer, Associate 90 1 $ 47.95 $ 8,312 $ Civil Engineer, Associate 90 2 $ 50.34 $ 8,726 $ Civil Engineer, Associate 90 3 $ 52.89 $ 9,167 $ Civil Engineer, Associate 90 4 $ 55.49 $ 9,619 $ Civil Engineer, Associate 90 5 $ 58.27 $ 10,101 $ Civil Engineer, Associate 90 6 $ 61.19 $ 10,606 $ Civil Engineer, Associate 90 7 $ 64.26 $ 11,139 $ Civil Engineer, Associate 90 8 $ 67.44 $ 11,689 $ Civil Engineer, Senior 98 1 $ 55.41 $ 9,604 $ Civil Engineer, Senior 98 2 $ 58.15 $ 10,079 $ Civil Engineer, Senior 98 3 $ 61.07 $ 10,585 $ Civil Engineer, Senior 98 4 $ 64.12 $ 11,113 $ Civil Engineer, Senior 98 5 $ 67.34 $ 11,672 $ Civil Engineer, Senior 98 6 $ 70.70 $ 12,254 $ Civil Engineer, Senior 98 7 $ 74.23 $ 12,866 $ Civil Engineer, Senior 98 8 $ 77.94 $ 13,510 $ Code Enforcement Officer I 23 1 $ 30.32 $ 5,255 $ Code Enforcement Officer I 23 2 $ 31.83 $ 5,517 $ Code Enforcement Officer I 23 3 $ 33.43 $ 5,794 $ Code Enforcement Officer I 23 4 $ 35.11 $ 6,086 $ 126,810 133,206 85,879 90,151 94,731 99,412 104,426 109,517 115,145 120,875 104,605 109,952 115,375 121,131 127,245 133,616 140,241 147,276 99,744 104,707 110,003 115,427 121,208 127,271 133,667 140,267 115,247 120,952 127,015 133,360 140,062 147,046 154,388 162,114 63,060 66,206 69,533 73,037 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Reach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Code Enforcement Officer I 23 5 $ 36.86 $ 6,389 $ Code Enforcement Officer I 23 6 $ 38.72 $ 6,711 $ Code Enforcement Officer I 23 7 $ 40.64 $ 7,044 $ Code Enforcement Officer I 23 8 $ 42.67 $ 7,395 $ Code Enforcement Officer II 35A 1 $ 34.88 $ 6,046 $ Code Enforcement Officer II 35A 2 $ 36.63 $ 6,349 $ Code Enforcement Officer II 35A 3 $ 38.46 $ 6,666 $ Code Enforcement Officer 11 35A 4 $ 40.40 $ 7,003 $ Code Enforcement Officer II 35A 5 $ 42.37 $ 7,344 $ Code Enforcement Officer II 35A 6 $ 44.56 $ 7,724 $ Code Enforcement Officer II 35A 7 $ 46.71 $ 8,097 $ Code Enforcement Officer II 35A 8 $ 49.12 $ 8,515 $ Code Enforcement Officer Trainee 29 1 $ 25.27 $ 4,381 $ Code Enforcement Officer Trainee 29 2 $ 26.53 $ 4,598 $ Code Enforcement Officer Trainee 29 3 $ 27.86 $ 4,829 $ Code Enforcement Officer Trainee 29 4 $ 29.25 $ 5,070 $ Code Enforcement Officer Trainee 29 5 $ 30.71 $ 5,323 $ Code Enforcement Officer Trainee 29 6 $ 32.25 $ 5,590 $ Code Enforcement Officer Trainee 29 7 $ 33.86 $ 5,869 $ Code Enforcement Officer Trainee 29 8 $ 35.56 $ 6,163 $ Code Enforcement Officer, Senior 47 1 $ 39.26 $ 6,805 $ Code Enforcement Officer, Senior 47 2 $ 41.23 $ 7,146 $ Code Enforcement Officer, Senior 47 3 $ 43.27 $ 7,500 $ Code Enforcement Officer, Senior 47 4 $ 45.47 $ 7,881 $ Code Enforcement Officer, Senior 47 5 $ 47.71 $ 8,269 $ Code Enforcement Officer, Senior 47 6 $ 50.09 $ 8,683 $ Code Enforcement Officer, Senior 47 7 $ 52.60 $ 9,118 $ Code Enforcement Officer, Senior 47 8 $ 55.24 $ 9,574 $ Code Enforcement Supervisor 99A 1 $ 45.52 $ 7,890 $ Code Enforcement Supervisor 99A 2 $ 47.78 $ 8,282 $ Code Enforcement Supervisor 99A 3 $ 50.17 $ 8,696 $ Code Enforcement Supervisor 99A 4 $ 52.65 $ 9,126 $ Code Enforcement Supervisor 99A 5 $ 55.30 $ 9,585 $ Code Enforcement Supervisor 99A 6 $ 58.08 $ 10,067 $ Code Enforcement Supervisor 99A 7 $ 60,97 $ 10,568 $ Code Enforcement Supervisor 99A 8 $ 64.04 $ 11,101 $ Construction Inspection Supervisor 90A 1 $ 45.52 $ 7,890 $ Construction Inspection Supervisor 90A 2 $ 47.78 $ 8,282 $ 76,670 80,532 84,523 88,744 72,551 76,184 79,996 84,037 88,130 92,684 97,160 102,175 52,571 55,181 57,944 60,835 63,878 67,076 70,428 73,958 81,658 85,751 89,998 94,578 99,233 104,196 109,415 114,889 94,680 99,386 104,349 109,517 115,017 120,799 126,810 133,206 94,680 99,386 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment NTED POSITIONS Construction Inspection Supervisor 90A 3 $ 50.17 $ 8,696 $ 104,349 Construction Inspection Supervisor 90A 4 $ 52.65 $ 9,126 $ 109,517 Construction Inspection Supervisor 90A 5 $ 55.30 $ 9,585 $ 115,017 Construction Inspection Supervisor 90A 6 $ 58.08 $ 10,067 $ 120,799 Construction Inspection Supervisor 90A 7 $ 60.97 $ 10,568 $ 126,810 Construction Inspection Supervisor 90A 8 $ 64.04 $ 11,101 $ 133,206 Elect, Mech and Plumb Plans Examiner 90B 1 $ 47.95 $ 8,312 $ 99,744 Elect, Mech and Plumb Plans Examiner 90B 2 $ 50.34 $ 8,726 $ 104,707 Elect, Mech and Plumb Plans Examiner 90B 3 $ 52.89 $ 9,167 $ 110,003 Elect, Mech and Plumb Plans Examiner 90B 4 $ 55.49 $ 9,619 $ 115,427 Elect, Mech and Plumb Plans Examiner 90B 5 $ 58.27 $ 10,101 $ 121,208 Elect, Mech and Plumb Plans Examiner 90B 6 $ 61.19 $ 10,606 $ 127,271 Elect, Mech and Plumb Plans Examiner 90B 7 $ 64.26 $ 11,139 $ 133,667 Elect, Mech and Plumb Plans Examiner 90B 8 $ 67.44 $ 11,689 $ 140,267 Engineer, Associate 85 1 $ 45,64 $ 7,911 $ 94,935 Engineer, Associate 85 2 $ 47.95 $ 8,312 $ 99,744 Engineer, Associate 85 3 $ 50.34 $ 8,726 $ 104,707 Engineer, Associate 85 4 $ 52.89 $ 9,167 $ 110,003 Engineer, Associate 85 5 $ 55.49 $ 9,619 $ 115,427 Engineer, Associate 85 6 $ 58.27 $ 10,101 $ 121,208 Engineer, Associate 85 7 $ 61.19 $ 10,606 $ 127,271 Engineer, Associate 85 8 $ 64.26 $ 11,139 $ 133,667 Engineer, Junior 54 1 $ 41.29 $ 7,157 $ 85,879 Engineer, Junior 54 2 $ 43.33 $ 7,510 $ 90,126 Engineer, Junior 54 3 $ 45.57 $ 7,898 $ 94,782 Engineer, Junior 54 4 $ 47.78 $ 8,282 $ 99,386 Engineer, Junior 54 5 $ 50.20 $ 8,702 $ 104,426 Engineer, Junior 54 6 $ 52.66 $ 9,129 $ 109,542 Engineer, Junior 54 7 $ 55.36 $ 9,595 $ 115,145 Engineer, Junior 54 8 $ 58.14 $ 10,077 $ 120,927 Engineering Technician 15 1 $ 31.62 $ 5,481 $ 65,772 Engineering Technician 15 2 $ 33.20 $ 5,754 $ 69,046 Engineering Technician 15 3 $ 34.89 $ 6,048 $ 72,576 Engineering Technician 15 4 $ 36.63 $ 6,349 $ 76,184 Engineering Technician 15 5 $ 38.47 $ 6,668 $ 80,021 Engineering Technician 15 6 $ 40.39 $ 7,001 $ 84,011 Engineering Technician 15 7 $ 42.37 $ 7,344 $ 88,130 Engineering Technician 15 8 $ 44.56 $ 7,724 $ 92,684 EXHIBIT A RESOLUTION NO, 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Engineering Technician, Senior 35D 1 $ 34.88 $ 6,046 $ Engineering Technician, Senior 35D 2 $ 36.63 $ 6,349 $ Engineering Technician, Senior 35D 3 $ 38.46 $ 6,666 $ Engineering Technician, Senior 35D 4 $ 40.40 $ 7,003 $ Engineering Technician, Senior 35D 5 $ 42.37 $ 7,344 $ Engineering Technician, Senior 35D 6 $ 44.56 $ 7,724 $ Engineering Technician, Senior 35D 7 $ 46.71 $ 8,097 $ Engineering Technician, Senior 35D 8 $ 49,12 $ 8,515 $ Harbor Resources Technician I 09 1 $ 27.38 $ 4,745 $ Harbor Resources Technician I 09 2 $ 28.69 $ 4,974 $ Harbor Resources Technician I 09 3 $ 30.17 $ 5,229 $ Harbor Resources Technician I 09 4 $ 31.69 $ 5,494 $ Harbor Resources Technician I 09 5 $ 33.26 $ 5,764 $ Harbor Resources Technician I 09 6 $ 34.92 $ 6,052 $ Harbor Resources Technician I 09 7 $ 36.68 $ 6,357 $ Harbor Resources Technician I 09 8 $ 38.52 $ 6,677 $ IT Analyst 61 1 $ 40.96 $ 7,099 $ IT Analyst 61 2 $ 43.01 $ 7,455 $ IT Analyst 61 3 $ 45.14 $ 7,824 $ IT Analyst 61 4 $ 47.39 $ 8,214 $ IT Analyst 61 5 $ 49.77 $ 8,628 $ IT Analyst 61 6 $ 52.26 $ 9,058 $ IT Analyst 61 7 $ 54.88 $ 9,512 $ IT Analyst 61 8 $ 57.61 $ 9,986 $ IT Analyst, Senior 41 1 $ 45.48 $ 7,884 $ IT Analyst, Senior 41 2 $ 47.73 $ 8,274 $ IT Analyst, Senior 41 3 $ 50.09 $ 8,683 $ IT Analyst, Senior 41 4 $ 52.60 $ 9,118 $ IT Analyst, Senior 41 5 $ 55.25 $ 9,576 $ IT Analyst, Senior 41 6 $ 58.04 $ 10,060 $ IT Analyst, Senior 41 7 $ 60.92 $ 10,559 $ IT Analyst, Senior 41 8 $ 63.97 $ 11,088 $ IT Specialist III 45 1 $ 37.99 $ 6,585 $ IT Specialist III 45 2 $ 39.89 $ 6,914 $ IT Specialist III 45 3 $ 41.88 $ 7,259 $ IT Specialist III 45 4 $ 43.97 $ 7,621 $ IT Specialist III 45 5 $ 46.20 $ 8,007 $ IT Specialist III 45 6 $ 48.46 $ 8,399 $ 72,551 76,184 79,996 84,037 88,130 92,684 97,160 102,175 56,946 59,683 62,753 65,925 69,174 72,628 76,286 80,123 85,189 89,461 93,887 98,568 103,531 108,699 114,147 119,827 94,603 99,285 104,196 109,415 114,915 120,722 126,708 133,053 79,023 82,963 87,107 91,457 96,086 100,794 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment REPRESENTEDP IT Specialist III 45 7 $ 50.88 $ 8,819 $ IT Specialist III 45 8 $ 53.45 $ 9,265 $ IT Technician 28 1 $ 27.16 $ 4,707 $ IT Technician 28 2 $ 28.50 $ 4,940 $ IT Technician 28 3 $ 29.93 $ 5,188 $ IT Technician 28 4 $ 31.42 $ 5,447 $ IT Technician 28 5 $ 33.00 $ 5,719 $ IT Technician 28 6 $ 34.65 $ 6,006 $ IT Technician 28 7 $ 36.38 $ 6,306 $ IT Technician 28 8 $ 38.20 $ 6,622 $ IT Technician, Senior 16 1 $ 32.59 $ 5,649 $ IT Technician, Senior 16 2 $ 34.22 $ 5,931 $ IT Technician, Senior 16 3 $ 35.94 $ 6,229 $ IT Technician, Senior 16 4 $ 37.73 $ 6,541 $ IT Technician, Senior 16 5 $ 39.62 $ 6,867 $ IT Technician, Senior 16 6 $ 41.60 $ 7,210 $ IT Technician, Senior 16 7 $ 43.70 $ 7,574 $ IT Technician, Senior 16 8 $ 45.85 $ 7,948 $ Management Assistant 37 1 $ 35.79 $ 6,204 $ Management Assistant 37 2 $ 37.56 $ 6,511 $ Management Assistant 37 3 $ 39.43 $ 6,835 $ Management Assistant 37 4 $ 41.42 $ 7,180 $ Management Assistant 37 5 $ 43.54 $ 7,547 $ Management Assistant 37 6 $ 45.65 $ 7,913 $ Management Assistant 37 7 $ 47.98 $ 8,316 $ Management Assistant 37 8 $ 50.38 $ 8,732 $ Permit Counter Supervisor 39 1 $ 38.36 $ 6,649 $ Permit Counter Supervisor 39 2 $ 40.32 $ 6,988 $ Permit Counter Supervisor 39 3 $ 42.30 $ 7,331 $ Permit Counter Supervisor 39 4 $ 44.46 $ 7,707 $ Permit Counter Supervisor 39 5 $ 46.65 $ 8,086 $ Permit Counter Supervisor 39 6 $ 49.00 $ 8,493 $ Permit Counter Supervisor 39 7 $ 51.46 $ 8,920 $ Permit Counter Supervisor 39 8 $ 53.99 $ 9,359 $ Permit Technician I 24 1 $ 30.16 $ 5,227 $ Permit Technician I 24 2 $ 31.66 $ 5,487 $ Permit Technician I 24 3 $ 33.24 $ 5,762 $ Permit Technician I 24 4 $ 34.88 $ 6,046 $ 105,833 111,180 56,482 59,286 62,254 65,360 68,631 72,067 75,667 79,460 67,793 71,170 74,751 78,486 82,400 86,519 90,893 95,370 74,444 78,128 82,016 86,161 90,561 94,961 99,796 104,785 79,790 83,859 87,977 92,479 97,033 101,919 107,036 112,306 62,727 65,848 69,149 72,551 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment REPRESENTED POS Permit Technician I Permit Technician I Permit Technician I Permit Technician I Permit Technician 11 Permit Technician II Permit Technician II Permit Technician II Permit Technician II Permit Technician II Permit Technician II Permit Technician II Planner, Assistant Planner, Assistant Planner, Assistant Planner, Assistant Planner, Assistant Planner, Assistant Planner, Assistant Planner, Assistant Planner, Associate Planner, Associate Planner, Associate Planner, Associate Planner, Associate Planner, Associate Planner, Associate Planner, Associate Planner, Senior Planner, Senior Planner, Senior Planner, Senior Planner, Senior Planner, Senior Planner, Senior Planner, Senior Planning Technician Planning Technician 24 5 $ 36.63 $ 6,349 $ 24 6 $ 38.46 $ 6,666 $ 24 7 $ 40.40 $ 7,003 $ 24 8 $ 42.37 $ 7,344 $ 35 1 $ 34.88 $ 6,046 $ 35 2 $ 36.63 $ 6,349 $ 35 3 $ 38.46 $ 6,666 $ 35 4 $ 40.40 $ 7,003 $ 35 5 $ 42.37 $ 7,344 $ 35 6 $ 44.56 $ 7,724 $ 35 7 $ 46.71 $ 8,097 $ 35 8 $ 49.12 $ 8,515 $ 35B 1 $ 34.88 $ 6,046 $ 35B 2 $ 36.63 $ 6,349 $ 35B 3 $ 38.46 $ 6,666 $ 35B 4 $ 40.40 $ 7,003 $ 35B 5 $ 42.37 $ 7,344 $ 35B 6 $ 44.56 $ 7,724 $ 35B 7 $ 46,71 $ 8,097 $ 35B 8 $ 49.12 $ 8,515 $ 55 1 $ 38.45 $ 6,664 $ 55 2 $ 40.38 $ 6,999 $ 55 3 $ 42.37 $ 7,344 $ 55 4 $ 44.50 $ 7,713 $ 55 5 $ 46.71 $ 8,097 $ 55 6 $ 49.05 $ 8,502 $ 55 7 $ 51.48 $ 8,924 $ 55 8 $ 54.09 $ 9,376 $ 75 1 $ 46.24 $ 8,016 $ 75 2 $ 48.50 $ 8,406 $ 75 3 $ 50.91 $ 8,824 $ 75 4 $ 53.50 $ 9,274 $ 75 5 $ 56.15 $ 9,732 $ 75 6 $ 58.94 $ 10,216 $ 75 7 $ 61.90 $ 10,730 $ 75 8 $ 65.01 $ 11,269 $ 34 1 $ 31.72 $ 5,498 $ 34 2 $ 33.33 $ 5,777 $ 76,184 79,996 84,037 88,130 72,551 76,184 79,996 84,037 88,130 92,684 97,160 102,175 72,551 76,184 79,996 84,037 88,130 92,684 97,160 102,175 79,970 83,986 88,130 92,556 97,160 102,022 107,087 112,510 96,189 100,870 105,884 111,282 116,782 122,589 128,755 135,227 65,976 69,328 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Planning Technician 34 3 $ 34.98 $ 6,063 $ Planning Technician 34 4 $ 36.73 $ 6,366 $ Planning Technician 34 5 $ 38.59 $ 6,690 $ Planning Technician 34 6 $ 40.48 $ 7,016 $ Planning Technician 34 7 $ 42.53 $ 7,372 $ Planning Technician 34 8 $ 44.65 $ 7,739 $ Public Works Inspector I 33 1 $ 35.74 $ 6,195 $ Public Works Inspector I 33 2 $ 37.51 $ 6,502 $ Public Works Inspector I 33 3 $ 39.39 $ 6,828 $ Public Works Inspector I 33 4 $ 41.40 $ 7,176 $ Public Works Inspector I 33 5 $ 43.43 $ 7,528 $ Public Works Inspector I 33 6 $ 45.61 $ 7,905 $ Public Works Inspector I 33 7 $ 47.88 $ 8,299 $ Public Works Inspector I 33 8 $ 50.29 $ 8,717 $ Public Works Inspector II 36A 1 $ 38.40 $ 6,656 $ Public Works Inspector II 36A 2 $ 40.34 $ 6,992 $ Public Works Inspector II 36A 3 $ 42.36 $ 7,342 $ Public Works Inspector 11 36A 4 $ 44.49 $ 7,711 $ Public Works Inspector II 36A 5 $ 46.70 $ 8,095 $ Public Works Inspector II 36A 6 $ 49.02 $ 8,498 $ Public Works Inspector II 36A 7 $ 51.47 $ 8,922 $ Public Works Inspector II 36A 8 $ 54.05 $ 9,369 $ Public Works Inspector, Senior 44 1 $ 41.29 $ 7,157 $ Public Works Inspector, Senior 44 2 $ 43.34 $ 7,513 $ Public Works Inspector, Senior 44 3 $ 45.54 $ 7,894 $ Public Works Inspector, Senior 44 4 $ 47.79 $ 8,284 $ Public Works Inspector, Senior 44 5 $ 50.20 $ 8,702 $ Public Works Inspector, Senior 44 6 $ 52.65 $ 9,126 $ Public Works Inspector, Senior 44 7 $ 55.36 $ 9,595 $ Public Works Inspector, Senior 44 8 $ 58.11 $ 10,073 $ Revenue Auditor 59 1 $ 38.89 $ 6,741 $ Revenue Auditor 59 2 $ 40.88 $ 7,086 $ Revenue Auditor 59 3 $ 42.90 $ 7,436 $ Revenue Auditor 59 4 $ 45.00 $ 7,800 $ Revenue Auditor 59 5 $ 47.28 $ 8,195 $ Revenue Auditor 59 6 $ 49.66 $ 8,608 $ Revenue Auditor 59 7 $ 52.12 $ 9,035 $ Revenue Auditor 59 8 $ 54.73 $ 9,487 $ 72,755 76,388 80,277 84,191 88,463 92,863 74,342 78,026 81,940 86,110 90,331 94,858 99,591 104,605 79,868 83,909 88,105 92,531 97,135 101,970 107,061 112,433 85,879 90,151 94,731 99,412 104,426 109,517 115,145 120,875 80,890 85,035 89,230 93,605 98,338 103,301 108,417 113,840 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 30, 2023 - 3% Cost -of -Living Adjustment Traffic Engineer Technician 37A 1 $ 35.79 $ 6,204 $ 74,444 Traffic Engineer Technician 37A 2 $ 37.56 $ 6,511 $ 78,128 Traffic Engineer Technician 37A 3 $ 39.43 $ 6,835 $ 82,016 Traffic Engineer Technician 37A 4 $ 41.42 $ 7,180 $ 86,161 Traffic Engineer Technician 37A 5 $ 43.54 $ 7,547 $ 90,561 Traffic Engineer Technician 37A 6 $ 45.65 $ 7,913 $ 94,961 Traffic Engineer Technician 37A 7 $ 47.98 $ 8,316 $ 99,796 Traffic Engineer Technician 37A 8 $ 50.38 $ 8,732 $ 104,785 Traffic Engineer Technician, Senior 48 1 $ 37.57 $ 6,513 $ 78,154 Traffic Engineer Technician, Senior 48 2 $ 39.47 $ 6,841 $ 82,093 Traffic Engineer Technician, Senior 48 3 $ 41.45 $ 7,184 $ 86,212 Traffic Engineer Technician, Senior 48 4 $ 43.53 $ 7,545 $ 90,535 Traffic Engineer Technician, Senior 48 5 $ 45.68 $ 7,918 $ 95,012 Traffic Engineer Technician, Senior 48 6 $ 47.98 $ 8,316 $ 99,796 Traffic Engineer Technician, Senior 48 7 $ 50.38 $ 8,732 $ 104,785 Traffic Engineer Technician, Senior 48 8 $ 52.90 $ 9,169 $ 110,029 Water Conservation Coordinator 40 1 $ 40.06 $ 6,943 $ 83,321 Water Conservation Coordinator 40 2 $ 42.06 $ 7,291 $ 87,491 Water Conservation Coordinator 40 3 $ 44.14 $ 7,651 $ 91,815 Water Conservation Coordinator 40 4 $ 46.34 $ 8,033 $ 96,393 Water Conservation Coordinator 40 5 $ 48.70 $ 8,442 $ 101,305 Water Conservation Coordinator 40 6 $ 51.11 $ 8,860 $ 106,319 Water Conservation Coordinator 40 7 $ 53.65 $ 9,299 $ 111,589 Water Conservation Coordinator 40 8 $ 56.39 $ 9,775 $ 117,294 Hourly pay rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Accountant 30 1 $ 37.32 $ 6,469 $ Accountant 30 2 $ 39.17 $ 6,789 $ Accountant 30 3 $ 41.13 $ 7,130 $ Accountant 30 4 $ 43.22 $ 7,492 $ Accountant 30 5 $ 45.34 $ 7,859 $ Accountant 30 6 $ 47.64 $ 8,258 $ Accountant 30 7 $ 49.95 $ 8,658 $ Accountant 30 8 $ 52.43 $ 9,088 $ Accountant, Senior 31 1 $ 42.87 $ 7,431 $ Accountant, Senior 31 2 $ 45.05 $ 7,808 $ Accountant, Senior 31 3 $ 47.26 $ 8,193 $ Accountant, Senior 31 4 $ 49.67 $ 8,610 $ Accountant, Senior 31 5 $ 52.14 $ 9,038 $ Accountant, Senior 31 6 $ 54.74 $ 9,488 $ Accountant, Senior 31 7 $ 57.45 $ 9,958 $ Accountant, Senior 31 8 $ 60.33 $ 10,456 $ Building Inspector I 33A 1 $ 36.81 $ 6,381 $ Building Inspector I 33A 2 $ 38.64 $ 6,697 $ Building Inspector I 33A 3 $ 40.58 $ 7,033 $ Building Inspector I 33A 4 $ 42.64 $ 7,391 $ Building Inspector I 33A 5 $ 44.73 $ 7,753 $ Building Inspector I 33A 6 $ 46.97 $ 8,142 $ Building Inspector I 33A 7 $ 49.32 $ 8,548 $ Building Inspector I 33A 8 $ 51.80 $ 8,979 $ Building Inspector II 36 1 $ 39.55 $ 6,855 $ Building Inspector II 36 2 $ 41.55 $ 7,202 $ Building Inspector 11 36 3 $ 43.63 $ 7,562 $ Building Inspector II 36 4 $ 45.82 $ 7,942 $ Building Inspector II 36 5 $ 48.10 $ 8,337 $ Building Inspector II 36 6 $ 50.49 $ 8,752 $ Building Inspector II 36 7 $ 53.02 $ 9,189 $ Building Inspector II 36 8 $ 55.68 $ 9,651 $ Building Inspector, Principal 99 1 $ 46.88 $ 8,127 $ Building Inspector, Principal 99 2 $ 49.22 $ 8,531 $ Building Inspector, Principal 99 3 $ 51.67 $ 8,957 $ Building Inspector, Principal 99 4 $ 54.23 $ 9,400 $ Building Inspector, Principal 99 5 $ 56.96 $ 9,872 $ Building Inspector, Principal 99 6 $ 59.82 $ 10,369 $ 77,626 81,473 85,558 89,905 94,305 99,101 103,897 109,061 89,167 93,699 98,310 103,317 108,455 113,857 119,495 125,477 76,572 80,367 84,398 88,693 93,040 97,704 102,579 107,743 82,264 86,427 90,748 95,307 100,050 105,029 110,273 115,806 97,520 102,368 107,480 112,803 118,468 124,423 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Building Inspector, Principal Building Inspector, Principal Building Inspector, Senior Building Inspector, Senior Building Inspector, Senior Building Inspector, Senior Building Inspector, Senior Building Inspector, Senior Building Inspector, Senior Building Inspector, Senior Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Associate Civil Engineer, Senior Civil Engineer, Senior Civil Engineer, Senior Civil Engineer, Senior Civil Engineer, Senior Civil Engineer, Senior Civil Engineer, Senior Civil Engineer, Senior Code Enforcement Officer I Code Enforcement Officer I Code Enforcement Officer I Code Enforcement Officer I 99 99 44A 44A 44A 44A 44A 44A 44A 44A 95 95 95 95 95 95 95 95 90 90 90 90 90 90 90 90 98 98 98 98 98 98 98 98 23 23 23 23 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 62.80 65.96 42.53 44.64 46.91 49.23 51.71 54.23 57.02 59.86 51.80 54.45 57.13 59.98 63.01 66.17 69.45 72.93 49.39 51.85 54.47 57.16 60.02 63.02 66.19 69.46 57.07 59.89 62.90 66.04 69.36 72.82 76.45 80.28 31.23 32.78 34.43 36.17 10,885 11,434 7,371 7,738 8,131 8,533 8,963 9,400 9,883 10,375 8,979 9,438 9,903 10,397 10,922 11,469 12,037 12,641 8,561 8,987 9,442 9,907 10,404 10,924 11,473 12,040 9,892 10,382 10,902 11,447 12,022 12,621 13,252 13,915 5,413 5,683 5,968 6,269 130,615 137,203 88,455 92,856 97,573 102,395 107,559 112,803 118,600 124,502 107,743 113,251 118,836 124,765 131,063 137,624 144,448 151,694 102,737 107,849 113,303 118,889 124,844 131,089 137,677 144,475 118,705 124,581 130,826 137,361 144,264 151,458 159,020 166,978 64,951 68,193 71,619 75,228 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Code Enforcement Officer I 23 5 $ 37.97 $ 6,581 $ Code Enforcement Officer I 23 6 $ 39.88 $ 6,912 $ Code Enforcement Officer I 23 7 $ 41.86 $ 7,255 $ Code Enforcement Officer I 23 8 $ 43.95 $ 7,617 $ Code Enforcement Officer II 35A 1 $ 35.93 $ 6,227 $ Code Enforcement Officer 11 35A 2 $ 37.73 $ 6,539 $ Code Enforcement Officer II 35A 3 $ 39.61 $ 6,866 $ Code Enforcement Officer II 35A 4 $ 41.61 $ 7,213 $ Code Enforcement Officer II 35A 5 $ 43.64 $ 7,564 $ Code Enforcement Officer 11 35A 6 $ 45.90 $ 7,955 $ Code Enforcement Officer II 35A 7 $ 48.11 $ 8,340 $ Code Enforcement Officer II 35A 8 $ 50.60 $ 8,770 $ Code Enforcement Officer Trainee 29 1 $ 26.03 $ 4,512 $ Code Enforcement Officer Trainee 29 2 $ 27.33 $ 4,736 $ Code Enforcement Officer Trainee 29 3 $ 28.69 $ 4,973 $ Code Enforcement Officer Trainee 29 4 $ 30.12 $ 5,222 $ Code Enforcement Officer Trainee 29 5 $ 31.63 $ 5,483 $ Code Enforcement Officer Trainee 29 6 $ 33.22 $ 5,757 $ Code Enforcement Officer Trainee 29 7 $ 34.88 $ 6,045 $ Code Enforcement Officer Trainee 29 8 $ 36.62 $ 6,348 $ Code Enforcement Officer, Senior 47 1 $ 40.44 $ 7,009 $ Code Enforcement Officer, Senior 47 2 $ 42.46 $ 7,360 $ Code Enforcement Officer, Senior 47 3 $ 44.57 $ 7,725 $ Code Enforcement Officer, Senior 47 4 $ 46.83 $ 8,118 $ Code Enforcement Officer, Senior 47 5 $ 49.14 $ 8,517 $ Code Enforcement Officer, Senior 47 6 $ 51.60 $ 8,943 $ Code Enforcement Officer, Senior 47 7 $ 54.18 $ 9,391 $ Code Enforcement Officer, Senior 47 8 $ 56.89 $ 9,861 $ Code Enforcement Supervisor 99A 1 $ 46.88 $ 8,127 $ Code Enforcement Supervisor 99A 2 $ 49.22 $ 8,531 $ Code Enforcement Supervisor 99A 3 $ 51.67 $ 8,957 $ Code Enforcement Supervisor 99A 4 $ 54.23 $ 9,400 $ Code Enforcement Supervisor 99A 5 $ 56.96 $ 9,872 $ Code Enforcement Supervisor 99A 6 $ 59.82 $ 10,369 $ Code Enforcement Supervisor 99A 7 $ 62.80 $ 10,885 $ Code Enforcement Supervisor 99A 8 $ 65.96 $ 11,434 $ Construction Inspection Supervisor 90A 1 $ 46.88 $ 8,127 $ Construction Inspection Supervisor 90A 2 $ 49.22 $ 8,531 $ 78,970 82,948 87,059 91,407 74,727 78,469 82,396 86,558 90,774 95,465 100,076 105,240 54,148 56,836 59,682 62,659 65,795 69,088 72,541 76,177 84,108 88,324 92,698 97,415 102,210 107,322 112,697 118,336 97,520 102,368 107,480 112,803 118,468 124,423 130,615 137,203 97,520 102,368 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment :REPRESENTED POSITIONS Construction Inspection Supervisor Construction Inspection Supervisor Construction Inspection Supervisor Construction Inspection Supervisor Construction Inspection Supervisor Construction Inspection Supervisor Elect, Mech and Plumb Plans Examiner Elect, Mech and Plumb Plans Examiner Elect, Mech and Numb Plans Examiner Elect, Mech and Plumb Plans Examiner Elect, Mech and Plumb Plans Examiner Elect, Mech and Plumb Plans Examiner Elect, Mech and Plumb Plans Examiner Elect, Mech and Plumb Plans Examiner Engineer, Associate Engineer, Associate Engineer, Associate Engineer, Associate Engineer, Associate Engineer, Associate Engineer, Associate Engineer, Associate Engineer, Junior Engineer, Junior Engineer, Junior Engineer, Junior Engineer, Junior Engineer, Junior Engineer, Junior Engineer, Junior Engineering Technician Engineering Technician Engineering Technician Engineering Technician Engineering Technician Engineering Technician Engineering Technician Engineering Technician 90A 90A 90A 90A 90A 90A 90B 90B 90B 90B 90B 90B 90B 90B 85 85 85 85 85 85 85 85 54 54 54 54 54 54 54 54 15 15 15 15 15 15 15 15 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 51.67 54.23 56.96 59.82 62.80 65.96 49.39 51.85 54.47 57.16 60.02 63.02 66.19 69.46 47.01 49.39 51.85 54.47 57.16 60.02 63.02 66.19 42.53 44.63 46.94 49.22 51.71 54.24 57.02 59.88 32.57 34.19 35.94 37.73 39.63 41.60 43.64 45.90 8,957 9,400 9,872 10,369 10,885 11,434 8,561 8,987 9,442 9,907 10,404 10,924 11,473 12,040 8,149 8,561 8,987 9,442 9,907 10,404 10,924 11,473 7,371 7,736 8,135 8,531 8,963 9,402 9,883 10,380 5,645 5,926 6,229 6,539 6,868 7,211 7,564 7,955 107,480 112,803 118,468 124,423 130,615 137,203 102,737 107,849 113,303 118,889 124,844 131,089 137,677 144,475 97,783 102,737 107,849 113,303 118,889 124,844 131,089 137,677 88,455 92,830 97,625 102,368 107,559 112,829 118,600 124,555 67,745 71,117 74,754 78,469 82,421 86,532 90,774 95,465 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment REPRESENTED POSIT Engineering Technician, Senior Engineering Technician, Senior Engineering Technician, Senior Engineering Technician, Senior Engineering Technician, Senior Engineering Technician, Senior Engineering Technician, Senior Engineering Technician, Senior Harbor Resources Technician I Harbor Resources Technician I Harbor Resources Technician I Harbor Resources Technician I Harbor Resources Technician I Harbor Resources Technician I Harbor Resources Technician I Harbor Resources Technician I IT Analyst IT Analyst IT Analyst IT Analyst IT Analyst IT Analyst IT Analyst IT Analyst IT Analyst, Senior IT Analyst, Senior IT Analyst, Senior IT Analyst, Senior IT Analyst, Senior IT Analyst, Senior IT Analyst, Senior IT Analyst, Senior IT Specialist III IT Specialist III IT Specialist III IT Specialist III IT Specialist III IT Specialist III 35D 35D 35D 35D 35D 35D 35D 35D 09 09 09 09 09 09 09 09 61 61 61 61 61 61 61 61 41 41 41 41 41 41 41 41 45 45 45 45 45 45 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 35.93 37.73 39.61 41.61 43.64 45.90 48.11 50.60 28.20 29.55 31.07 32.65 34.25 35.96 37.78 39.68 42.18 44.30 46.49 48.81 51.27 53.83 56.52 59.34 46.85 49.17 51.60 54.18 56.91 59.78 62.74 65.89 39.13 41.08 43.13 45.29 47.58 49.91 6,227 6,539 6,866 7,213 7,564 7,955 8,340 8,770 4,888 5,123 5,386 5,659 5,937 6,234 6,548 6,877 7,312 7,679 8,059 8,460 8,886 9,330 9,798 10,285 8,120 8,522 8,943 9,391 9,864 10,362 10,876 11,420 6,783 7,121 7,477 7,850 8,247 8,651 74,727 78,469 82,396 86,558 90,774 95,465 100,076 105,240 58,654 61,473 64,635 67,903 71,249 74,806 78,575 82,527 87,744 92,145 96,703 101,525 106,637 111,960 117,571 123,421 97,441 102,263 107,322 112,697 118,362 124,344 130,509 137,044 81,394 85,452 89,720 94,200 98,969 103,817 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment IT Specialist III 45 7 $ 52.41 $ 9,084 $ 109,008 IT Specialist III 45 8 $ 55.06 $ 9,543 $ 114,515 IT Technician 28 1 $ 27.97 $ 4,848 $ 58,177 IT Technician 28 2 $ 29.36 $ 5,089 $ 61,065 IT Technician 28 3 $ 30.83 $ 5,343 $ 64,122 IT Technician 28 4 $ 32.37 $ 5,610 $ 67,321 IT Technician 28 5 $ 33.99 $ 5,891 $ 70,690 IT Technician 28 6 $ 35.69 $ 6,186 $ 74,229 IT Technician 28 7 $ 37.47 $ 6,495 $ 77,937 IT Technician 28 8 $ 39.35 $ 6,820 $ 81,844 IT Technician, Senior 16 1 $ 33.57 $ 5,819 $ 69,827 IT Technician, Senior 16 2 $ 35.24 $ 6,109 $ 73,305 IT Technician, Senior 16 3 $ 37.02 $ 6,416 $ 76,993 IT Technician, Senior 16 4 $ 38,87 $ 6,737 $ 80,841 IT Technician, Senior 16 5 $ 40.80 $ 7,073 $ 84,872 IT Technician, Senior 16 6 $ 42.84 $ 7,426 $ 89,114 IT Technician, Senior 16 7 $ 45.01 $ 7,802 $ 93,620 IT Technician, Senior 16 8 $ 47.23 $ 8,186 $ 98,231 Management Assistant 37 1 $ 36.86 $ 6,390 $ 76,677 Management Assistant 37 2 $ 38.69 $ 6,706 $ 80,472 Management Assistant 37 3 $ 40.61 $ 7,040 $ 84,477 Management Assistant 37 4 $ 42.67 $ 7,395 $ 88,746 Management Assistant 37 5 $ 44.85 $ 7,773 $ 93,278 Management Assistant 37 6 $ 47.02 $ 8,151 $ 97,809 Management Assistant 37 7 $ 49.42 $ 8,566 $ 102,790 Management Assistant 37 8 $ 51.89 $ 8,994 $ 107,928 Permit Counter Supervisor 39 1 $ 39.51 $ 6,849 $ 82,184 Permit Counter Supervisor 39 2 $ 41.53 $ 7,198 $ 86,374 Permit Counter Supervisor 39 3 $ 43.57 $ 7,551 $ 90,616 Permit Counter Supervisor 39 4 $ 45.80 $ 7,938 $ 95,254 Permit Counter Supervisor 39 5 $ 48.05 $ 8,329 $ 99,944 Permit Counter Supervisor 39 6 $ 50.47 $ 8,748 $ 104,977 Permit Counter Supervisor 39 7 $ 53.00 $ 9,187 $ 110,247 Permit Counter Supervisor 39 8 $ 55.61 $ 9,640 $ 115,675 Permit Technician I 24 1 $ 31.06 $ 5,384 $ 64,609 Permit Technician I 24 2 $ 32.61 $ 5,652 $ 67,824 Permit Technician I 24 3 $ 34.24 $ 5,935 $ 71,223 Permit Technician I 24 4 $ 35.93 $ 6,227 $ 74,727 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Reach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment Permit Technician I 24 5 $ 37.73 $ 6,539 $ Permit Technician I 24 6 $ 39.61 $ 6,866 $ Permit Technician I 24 7 $ 41.61 $ 7,213 $ Permit Technician I 24 8 $ 43.64 $ 7,564 $ Permit Technician II 35 1 $ 35.93 $ 6,227 $ Permit Technician 11 35 2 $ 37.73 $ 6,539 $ Permit Technician 11 35 3 $ 39.61 $ 6,866 $ Permit Technician 11 35 4 $ 41.61 $ 7,213 $ Permit Technician 11 35 5 $ 43.64 $ 7,564 $ Permit Technician II 35 6 $ 45.90 $ 7,955 $ Permit Technician II 35 7 $ 48.11 $ 8,340 $ Permit Technician II 35 8 $ 50.60 $ 8,770 $ Planner, Assistant 35B 1 $ 35.93 $ 6,227 $ Planner, Assistant 35B 2 $ 37.73 $ 6,539 $ Planner, Assistant 35B 3 $ 39.61 $ 6,866 $ Planner, Assistant 35B 4 $ 41.61 $ 7,213 $ Planner, Assistant 35B 5 $ 43.64 $ 7,564 $ Planner, Assistant 35B 6 $ 45.90 $ 7,955 $ Planner, Assistant 35B 7 $ 48.11 $ 8,340 $ Planner, Assistant 3513 8 $ 50.60 $ 8,770 $ Planner, Associate 55 1 $ 39.60 $ 6,864 $ Planner, Associate 55 2 $ 41.59 $ 7,209 $ Planner, Associate 55 3 $ 43.64 $ 7,564 $ Planner, Associate 55 4 $ 45.83 $ 7,944 $ Planner, Associate 55 5 $ 48.11 $ 8,340 $ Planner, Associate 55 6 $ 50.52 $ 8,757 $ Planner, Associate 55 7 $ 53.03 $ 9,192 $ Planner, Associate 55 8 $ 55.71 $ 9,657 $ Planner, Senior 75 1 $ 47.63 $ 8,256 $ Planner, Senior 75 2 $ 49.95 $ 8,658 $ Planner, Senior 75 3 $ 52.43 $ 9,088 $ Planner, Senior 75 4 $ 55.11 $ 9,552 $ Planner, Senior 75 5 $ 57.83 $ 10,024 $ Planner, Senior 75 6 $ 60.71 $ 10,522 $ Planner, Senior 75 7 $ 63.76 $ 11,051 $ Planner, Senior 75 8 $ 66.96 $ 11,607 $ Planning Technician 34 1 $ 32.67 $ 5,663 $ Planning Technician 34 2 $ 34.33 $ 5,951 $ 78,469 82,396 86,558 90,774 74,727 78,469 82,396 86,558 90,774 95,465 100,076 105,240 74,727 78,469 82,396 86,558 90,774 95,465 100,076 105,240 82,369 86,506 90,774 95,333 100,076 105,082 110,299 115,886 99,074 103,897 109,061 114,621 120,286 126,267 132,617 139,284 67,955 71,407 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment .REPRESENTED POSIT.I;i Planning Technician 34 3 $ 36.03 $ 6 245 $ Planning Technician 34 4 $ 37.83 $ 6 557 $ Planning Technician 34 5 $ 39.75 $ 6 890 $ Planning Technician 34 6 $ 41.69 $ 7 226 $ Planning Technician 34 7 $ 43.81 $ 7 593 $ Planning Technician 34 8 $ 45.99 $ 7 971 $ Public Works Inspector I 33 1 $ 36.81 $ 6 381 $ Public Works Inspector I 33 2 $ 38.64 $ 6 697 $ Public Works Inspector I 33 3 $ 40.58 $ 7 033 $ Public Works Inspector I 33 4 $ 42.64 $ 7 391 $ Public Works Inspector I 33 5 $ 44.73 $ 7,753 $ Public Works Inspector I 33 6 $ 46.97 $ 8,142 $ Public Works Inspector I 33 7 $ 49.32 $ 8,548 $ Public Works Inspector I 33 8 $ 51.80 $ 8,979 $ Public Works Inspector II 36A 1 $ 39.55 $ 6,855 $ Public Works Inspector 11 36A 2 $ 41.55 $ 7,202 $ Public Works Inspector II 36A 3 $ 43.63 $ 7,562 $ Public Works Inspector II 36A 4 $ 45.82 $ 7,942 $ Public Works Inspector II 36A 5 $ 48.10 $ 8,337 $ Public Works Inspector II 36A 6 $ 50.49 $ 8,752 $ Public Works Inspector II 36A 7 $ 53.02 $ 9,189 $ Public Works Inspector II 36A 8 $ 55.68 $ 9,651 $ Public Works Inspector, Senior 44 1 $ 42.53 $ 7,371 $ Public Works Inspector, Senior 44 2 $ 44.64 $ 7,738 $ Public Works Inspector, Senior 44 3 $ 46.91 $ 8,131 $ Public Works Inspector, Senior 44 4 $ 49.23 $ 8,533 $ Public Works Inspector, Senior 44 5 $ 51.71 $ 8,963 $ Public Works Inspector, Senior 44 6 $ 54.23 $ 9,400 $ Public Works Inspector, Senior 44 7 $ 57.02 $ 9,883 $ Public Works Inspector, Senior 44 8 $ 59.86 $ 10,375 $ Revenue Auditor 59 1 $ 40.06 $ 6,943 $ Revenue Auditor 59 2 $ 42.11 $ 7,299 $ Revenue Auditor 59 3 $ 44.19 $ 7,659 $ Revenue Auditor 59 4 $ 46.35 $ 8,034 $ Revenue Auditor 59 5 $ 48.70 $ 8,441 $ Revenue Auditor 59 6 $ 51.15 $ 8,867 $ Revenue Auditor 59 7 $ 53.69 $ 9,306 $ Revenue Auditor 59 8 $ 56.37 $ 9,771 $ 74 938 78 680 82 685 86 717 91 117 95,649 76,572 80,367 84,398 88,693 93,040 97,704 102,579 107,743 82,264 86,427 90,748 95,307 100,050 105,029 110,273 1.15,806 88,455 92,856 97,573 102,395 107,559 112,803 118,600 124,502 83,317 87,586 91,907 96,413 101,288 106,400 111,669 117,256 EXHIBIT A RESOLUTION NO. 2022- The City of Newport Beach Professional & Technical Employees Association Salary Schedule Adjustment MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A) Effective December 28, 2024 - 3% Cost -of -Living Adjustment REPRESENTED P ®,SITI Traffic Engineer Technician 37A 1 $ 36.86 $ 6,390 $ Traffic Engineer Technician 37A 2 $ 38.69 $ 6,706 $ Traffic Engineer Technician 37A 3 $ 40.61 $ 7,040 $ Traffic Engineer Technician 37A 4 $ 42.67 $ 7,395 $ Traffic Engineer Technician 37A 5 $ 44.85 $ 7,773 $ Traffic Engineer Technician 37A 6 $ 47.02 $ 8,151 $ Traffic Engineer Technician 37A 7 $ 49.42 $ 8,566 $ Traffic Engineer Technician 37A 8 $ 51.89 $ 8,994 $ Traffic Engineer Technician, Senior 48 1 $ 38.70 $ 6,708 $ Traffic Engineer Technician, Senior 48 2 $ 40.65 $ 7,046 $ Traffic Engineer Technician, Senior 48 3 $ 42.69 $ 7,400 $ Traffic Engineer Technician, Senior 48 4 $ 44.83 $ 7,771 $ Traffic Engineer Technician, Senior 48 5 $ 47.05 $ 8,155 $ Traffic Engineer Technician, Senior 48 6 $ 49.42 $ 8,566 $ Traffic Engineer Technician, Senior 48 7 $ 51.89 $ 8,994 $ Traffic Engineer Technician, Senior 48 8 $ 54.49 $ 9,444 $ Water Conservation Coordinator 40 1 $ 41.26 $ 7,152 $ Water Conservation Coordinator 40 2 $ 43.32 $ 7,510 $ Water Conservation Coordinator 40 3 $ 45.47 $ 7,881 $ Water Conservation Coordinator 40 4 $ 47.73 $ 8,274 $ Water Conservation Coordinator 40 5 $ 50.17 $ 8,695 $ Water Conservation Coordinator 40 6 $ 52.65 $ 9,126 $ Water Conservation Coordinator 40 7 $ 55.26 $ 9,578 $ Water Conservation Coordinator 40 8 $ 58.08 $ 10,068 $ Hourly pay rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. 76,677 80,472 84,477 88,746 93,278 97,809 102,790 107,928 80,498 84,556 88,798 93,251 97,862 102,790 107,928 113,330 85,821 90,115 94,569 99,285 104,345 109,508 114,937 120,813 SIDE LETTER OF AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION T .s . jd 1tof Agreement ("Agreement") is made and entered into this 11 day of by and between the City of Newport Beach ("City") and the Newport Beach Professional and Technical Employees Association ("Association") (collectively "Parties") with respect to the following: WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 2021-109 approving a Memorandum of Understanding ("MOU") between the Parties with a term of January 1, 2022 through December 31, 2025; and WHEREAS, to aid in the recognition and retention of valuable employees, the Parties wish to modify the MOU; and WHEREAS, the effective date of the change below is the first day of the pay period following City Council approval of this Agreement; WHEREAS, this side letter of agreement will not have the effect of an agreement, and will not be binding on either party, until it is ratified by the affecting bargaining unit and approved by the City Council; and NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 2, Compensation, of the MOU is amended to add Subsection M which shall read as follows: M Lump Sum Bonus (FY 2021-22). All Bargaining Unit Employees in paid status for the entirety of the first full pay period following City Council adoption of this side letter in Fiscal Year 2021-22 will receive a one- time bonus in the amount of $2,000. The parties intend and understand that this lump sum payment is non -pensionable and will not be reported to CalPERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only. 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the MOU shall remain unchanged and shall be in full force and effect. Signatures are on the next page. Professional and Technical Employees Association Side Letter Agreement Page 1 of 2 Executed this 11 day of J At4014R1 CITY OF NEWPORT BEACH: , 2022. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: Gr fe K. Leung, City • nager Ryan Stadl an, President APPROVED AS TO FORM: Char es a ai, Special Counsel ATTEST: Leilani Brown, City Jerk Professional and Technical Employees Association Side Letter Agreement Page 2 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION January 1, 2022 through December 31, 2025 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION January 1, 2022 — December 31, 2025 TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Duration of Memorandum 1 Release Time 2 Scope 2 Employee Data and Access 3 Conclusiveness 3 Modifications 4 Association Dues 4 Section 2. Compensation Salary 4 Overtime 5 Weekend Standby Duty 5 Callback Duty 6 Accumulation of Compensatory Time Off 6 Shift Differential 6 Associate Civil Engineer and Junior Civil Engineer 6 Court Time 7 Certificate Pay 7 Acting Pay 7 Bilingual Pay 7 Assignment Pay 8 Section 3. Leaves Flex Leave 8 Holiday Leave 9 Bereavement Leave 10 Leave Sellback 10 i Section 4. Fringe Benefits Insurance 11 Additional Insurance Programs 12 Employee Assistance Program 13 Retirement Benefit 13 LIUNA Supplemental Pension 15 Retiree Medical Benefit 15 Tuition Reimbursement 19 Deferred Compensation 19 Section 5. Miscellaneous Provisions Reduction in Force/Layoffs 20 Recruitment and Selection 22 9/80 Scheduling Plan 23 Labor Management Committee 23 Grievance Procedure 23 Probation 24 Salary on Reclassification 25 Direct Deposit 25 Uniforms 25 Telecommuting Program 26 Separability 26 EXHIBIT A: Represented Job Classifications and Pay Rates 28 EXHIBIT B: Approved Certificates 32 ii MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH 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" or "Association"), a recognized employee organization, affiliated with the Laborers' International Union of North America, Local 777 (LIUNA), and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBPTEA representatives and City representatives have reached an agreement as to wages, hours and other terms and conditions of employment. This shall apply to all affected employees for the term of January 1, 2022 through December 31, 2025 and this agreement has been embodied in this MOU. 3. This MOU, upon approval by 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 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 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. Term 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of January 1, 2022. This MOU shall remain in full force and effect until December 31, 2025, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2 2. The provisions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBPTEA officers designated by the NBPTEA shall collectively be granted an annual maximum of 150 hours paid release time 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 workplace. 4. Each January, the City will examine the number of Release Time hours the Association used the preceding year. If the Association used more than 75% of the hours normally granted (150), the Association will be granted an additional 30 hours for that year. D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 3. Pursuant to this MOU, the City reserves and retains all its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 3 (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Employee Data and Access In January and July of each year, the NBPTEA will be provided 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. The City shall provide NBPTEA with access and information regarding new employees and existing unit members as required by law. NBPTEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the total release time for NBPTEA Officers and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. F. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 4 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 way City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. G. Modifications Any agreement, understanding, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. H. Association Dues 1. The collection of Association dues shall be handled through the payroll deduction process. 2. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its collection of Association dues. SECTION 2. — Compensation A. Salary Base salary increases for all NBPTEA represented classifications shall be as follows and as specified in Exhibit A: Effective the pay period that includes January 1, 2022, base salaries will be increased by one percent (1.0%) for all represented classifications. Effective the pay period that includes January 1, 2023, base salaries will be increased by one and one-half percent (1.5%) for all represented classifications. Effective the pay period that includes January 1, 2024, base salaries will be increased by two percent (2.0%) for all represented classifications. Effective the pay period that includes January 1, 2025, base salaries will be increased by NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 5 two percent (2.0%) for all represented classifications. B. Overtime 1. Advanced Approval - Employees must have advanced approval from their supervisor to work overtime. 2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the employee's defined FLSA workweek. 3. Contract Overtime — Overtime earned for an employee whose hours paid in their defined FLSA workweek exceeds 40. For purposes of calculating hours paid for contract overtime, holidays occurring during the work week count as time worked. The use of other forms of leave do not count as hours worked for purposes of calculating hours paid for determining eligibility for contract overtime. 4. Rate at Which Overtime is Calculated —FLSA and Contract Overtime (paid at time and one half — 1.5) shall be calculated at the regular rate of pay, except that the rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 5. Workweek for Purposes of Calculating Overtime — For employees who work the 9/80 work schedule, their defined FLSA workweek shall begin exactly four hours after the start time of their shift on their alternating regular day off (i.e., their eight - hour day) and end exactly 168 hours later. For employees who work a 5/40 work schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end exactly 168 hours later the following Saturday at 12:00 a.m. 6. Work Schedule — Regardless of the type of work schedule an employee is assigned (e.g., 5/40 and 9/80), full-time employees are regularly scheduled to work 40 hours in their defined FLSA workweek. 7. Reporting Time - The City calculates overtime in tenths of an hour. Employees shall report their time worked to the nearest tenth of an hour. C. Weekend Standby Duty Information Technology staff assigned standby duty for the purpose of responding to calls for service during the weekend shall be paid $3 per hour for each hour of assigned standby duty. Weekend will be defined as the 62 hours beginning on Friday at 5:00 p.m. and concluding Monday at 7:00 a.m. for a total of 62 hours per weekend. Time on standby is not considered hours worked. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 6 D. Callback Duty 1. Defined Callback duty requires the employee to respond to a request to return to their workstation after the normal work shift has been completed and the employee has left their normal workstation. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered callback duty. 2. Compensation All employees shall receive a minimum of two (2) hours pay. If an employee works more than two (2) hours, they shall receive pay for actual hours worked. E. Accumulation of Compensatory Time Off Unit members who are non-exempt from overtime may receive compensatory time off (CTO), in lieu of cash, as compensation for overtime hours worked at the rate of one -and - one -half hours for each hour of overtime worked. An employee may only earn CTO if requested and then approved by the employee's supervisor. Callback time may be converted to CTO with supervisor approval. Employees may accumulate up to 80 hours of CTO. Any hours earned in excess of 80 will be paid out to the employee the following pay period. Once a unit member reduces the balance below 80 hours, additional hours may be earned again up to the 80 hour cap. F. Shift Differential Unit members who are regularly assigned a work schedule of which four or more hours are worked between the hours of 5 p.m. and 5 a.m. shall receive a shift differential pay of $1.00 per actual hour worked; payable for each hour worked after 5 p.m. Overtime worked as an extension of an assigned day shift shall not qualify an employee for shift differential. The parties agree that to the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) shift differential pay as Special Assignment Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or Section 571.1 (b)(3) Shift Differential. G. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 7 H. Court Time Employees who are required to appear in court during their off -duty hours in connection with City business shall receive a minimum of two hours pay. If an employee is actually in court for more than two hours, the member shall receive pay for actual hours worked. I. Certificate Pay Effective January 1, 2013, the certificate pay program was modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving pay for a "sunset" certificate are considered grandfathered under the program, but no further employees shall be eligible. 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, including a limitation of payment for a maximum of five certificates per employee. The parties agree that to the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) eligible certificate pays as Educational Pay pursuant to Title 2 CCR, Section 571(a)(2) and/or 571.1(b)(2). J. Acting Pay NBPTEA employees are eligible to receive "acting pay" only after completing 80 consecutive hours in the higher classification. Once the 80 hour requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. Acting pay is an additional 7.5% of the employee's base pay rate. The parties agree that to the extent permitted by law, and in accordance with Government Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California Public Employees' Retirement System (CaIPERS) acting pay as Premium Pay pursuant to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, acting pay will not be reported as pensionable compensation to CaIPERS. The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable. K. Bilingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, employees in positions that require additional languages as part of their normal duties shall be eligible to receive One Hundred Fifty ($150) dollars per month (paid each pay period) in bilingual pay. The certification process will confirm the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bilingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 8 Department Director with the concurrence of the Human Resources Director. The parties agree that to the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CaIPERS) bilingual pay as Special Assignment Pay pursuant to Title 2 CCR, Section 571(a)(4) and/or 571.1(b)(3) Bilingual Premium. L. Assignment Pay An employee appointed by the Community Development 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. Assistant Planners 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. This assignment pay will cease once the employee is no longer performing the duties of the lead person at the Plan Check Counter. SECTION 3. — Leaves A. Flex Leave Members accrue flex leave in lieu of vacation and sick leave. An employee accrues a designated number of flex leave hours while in paid status and based upon years of service. Years of service is determined by the number of continuous, full-time years a member is employed by the City. Unit members shall accrue flex leave at the following hourly rates: Years of Continuous Service Hrs. Accrued Per Pay Period Annual Hours Max Allowable Balance (hours) Less than 5 6.00 156.00 468.00 5 but less than 9 6.61 171.86 515.58 9 but less than 12 7.23 187.98 563.94 12 but less than 16 8.15 211.90 635.70 16 but less than 20 8.77 228.02 684.06 20 but less than 25 9.38 243.88 731.64 25 and over 10.00 260.00 780.00 Members shall accrue three (3) months (i.e., 39 hours) of flex leave in the manner and as provided above upon completion of three (3) months of continuous employment with the City, provided however, this amount shall be reduced by any flex leave time advanced NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 9 during the first three (3) months of employment. At the completion of three (3) months of employment, three (3) months of accrued Flex leave will be placed in the employee's account. 1. Limit on Accumulation Members hired prior to July 1, 1996, shall be paid for earned flex leave in excess of the maximum allowable balance as spillover pay at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year to receive spillover pay. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum allowable balance. Employees first hired or rehired by the City subsequent to July 1, 1996 are not eligible for flex leave spillover pay and are not entitled to accrue flex leave in excess of the flex leave maximum allowable balance. 2. Method of Use The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the wishes of the employee. B. Holiday Leave The following days shall be observed as paid holidays (i.e., employees shall have the day off with pay). With the exception of the "floating holiday" (where the employee chooses the day off), employees who are required to work on the holiday will receive their pay for the holiday and either pay or flex leave for the number of hours worked on the holiday. New Year's Day January 1 Martin Luther King Day January — 3rd Monday Washington's Birthday February — 3rd Monday Memorial Day May — Last Monday Floating Holiday* July 1 Independence Day July 4 Labor Day September — 1st Monday Veterans Day November 11 Thanksgiving Day November — 4th Thursday Friday After Thanksgiving November— 4th Friday Christmas Eve December 24 (last % of workday) Christmas Day December 25 New Year's Eve December 31 (last % of workday) Holidays are paid based on the employee's regular workday schedule. For example, if an NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 10 employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work nine hours, the employee is entitled to receive nine hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work eight hours, the employee is eligible to receive eight hours of holiday pay. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized paid leave (e.g. paid leave that has been reviewed and approved by the Department Director). The floating holiday is awarded on July 1. Eight hours of holiday leave is added to the member's vacation or flex leave bank on the first pay period in July each year. C. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee because of the death or terminal illness in of an immediate family member." Unit members shall be entitled to 40 hours of bereavement leave per calendar year per incident (terminal illness followed by death is considered one incident). Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. Leave hours need not be used consecutively, however they should be used in proximate time to the occurrence. For the purposes of this section, immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and the member's spouse's/domestic partner's father, mother, brother, sister, child and grandparents. The provisions of this section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of state or federal law. A member requesting bereavement leave shall notify their supervisor as soon as possible of the need to take leave. D. Leave Sellback Employees shall have the option (on two occasions) of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for Flex at 0%. Employees shall have the option of converting accrued flex leave to cash on an hour for hour basis subject to the following: On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued flex leave which will be earned in the following calendar year. The employee can NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 11 elect to receive the cash out in the pay period which includes June 30 and/or the pay period which includes December 15 for those flex leave benefits that have been earned during that portion of the year. In no event shall the flex leave balance be reduced below 160 hours. In addition to the above, an employee who has an "unforeseen emergency" (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued flex leave. The amount of flex leave which may be cashed out is limited to the amount necessary to meet the emergency. If there is an unforeseen emergency, an employee can cash out flex leave earlier in the year than described above provided that the remaining balance is not reduced below 160 hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee The City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee association with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employees enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. Unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. The City's contribution towards the Cafeteria Plan is One Thousand Seven Hundred Twenty -Five Dollars ($1,725), plus the minimum CaIPERS participating employer's contribution. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 12 NBPTEA members who do not enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Employees hired prior to March 16, 2019 who elect to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive One Thousand Dollars ($1,000) per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, those unused cafeteria plan funds shall be paid to the employee as taxable cash. Employees hired on or after March 16, 2019 who elect to opt out of medical coverage offered by the City because they have provided proof of MEC through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive Five Hundred Dollars ($500) per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided. On or before July 1, 2023, at the request of either party, the parties shall meet and confer in good faith to discuss possible changes to the medical benefit program, contribution levels, or other elements of healthcare services, provided, however, that any changes to the MOU may only occur by mutual agreement of the parties. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's plan offerings as agreed upon by the Benefits Information Committee. 5. Healthcare Reform The parties recognize that certain state and federal laws, programs and regulations, including the Affordable Care Act, may impact future medical plan offerings., Either party may request to reopen Section 4A(2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. Additionally, should state or federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 13 Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full-time employees with the following provisions: Short -Term Disability Long -Term Disability Benefit Amount 66.67% of covered wages 66.67% of covered wages Maximum Benefit $1,846 weekly $15,000 monthly Waiting Period 30 calendar days 180 calendar days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee terminates from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. Retirement Benefit 1. The City contracts with California Public Employees Retirement System (Ca/PERS) to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented three different tiers of retirement benefits, categorized as Tier 1, Tier 11 and Tier 111. Retirement Formula Tier /: For employees hired by the City on or before November 23, 2012, the retirement formula shall be the 2.5% @ 55 calculated on the basis of the single highest year. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 14 Tier /l: For employees first hired by the City between November 24 and December 31, 2012 or hired on or after January 1, 2013 and who are current classic members of the retirement system, as defined in the Public Employees' Pension Reform Act ("PEPRA"), the retirement formula shall be 2% @ 60 calculated on the average 36 highest months' salary. Tier lll: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 11 criteria because they are new members as defined by PEPRA, the retirement formula shall be 2% @ 62 calculated on the average 36 highest months' salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the Ca/PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. Employees in each Tier will contribute 13% of pensionable pay toward the retirement benefit. Employee retirement contributions that are in addition to the normal Ca/PERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation and will be made on a pre-tax basis through payroll deduction, to the extent allowable by law. It is recognized that these payments will not be reported to Ca/PERS as contributions toward either the Member or Employer rate, as provided under Government Code Section 20516(f). Under a separate agreement, and ratified via a contract amendment with CaIPERS in 2008, Tier / employees shall contribute 2.42% compensation earnable (as cost sharing) per Government Code section 20516(a). Tier / Employees - shall contribute a total employee contribution of 13% as follows: Tier / — Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(f). Tier 11 Employees - shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(f). Tier 111 Employees - The minimum statutory employee contribution for employees in Tier III is subject to the provisions of PEPRA and equals 50% of the "total normal cost". Tier /// employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code Section 20516(f), such that the total employee contribution equals 13% of NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 15 pensionable compensation. The City contracts with Ca/PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Government Code Section 21548). E. LIUNA Supplemental Pension The unit members agree to pay any costs and/or contributions associated with its members' participation in the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. The employees' contributions to the LIUNA Supplemental Pension Fund are deemed "picked -up" and treated as employer contributions. Employees cannot opt out of the "pick- up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. Effective March 16, 2019, unit members agree to pick up the actual costs and contributions required by LIUNA for participation in the LIUNA Supplemental Pension Fund for as long as its members participate in the LIUNA Supplemental Pension Fund. The parties are not precluded from discussing the LIUNA Supplemental Pension in future Tabor negotiations. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. This includes, but is not limited to, any challenge by any member of the bargaining unit related to making contributions to the LIUNA Supplemental Pension Fund or receiving benefits from the LIUNA Supplemental Pension Fund. F. Retiree Medical Benefit This is an Integral Part Trust (IPT) RHS Retiree Health Savings (RHS) plan (formerly the Medical Expense Reimbursement Program - "MERP"). Each member has an individual RHS account ("Account"), which accumulates based on the category they fall under (see Program Structure below). Funds from the Account may be used for eligible health care expenses after separation, retirement or a change in personnel status to a position that does not receive the RHS benefit. These changes in personnel status will activate the Account and allow funds to be withdrawn until the Account balance is depleted. Since the plan restricts all distributions to be spent for health insurance premiums and health care NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 16 expenses, as defined by the Internal Revenue Code Publication 502, § 213(d) and the Plan document the contributions, fund investment earnings and benefit payments (when withdrawn from the Account) are not taxed. Additionally, certain contributions may only be deposited upon retirement from the City. The categories are detailed below. 1. Background In 2005, the City and NBPTEA agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program is ongoing for an extended period. During the transition, employees and (then) existing retirees were administratively classified into different categories. The benefit is structured differently for each of the categories. The categories are as follows: b. Category 1 - Employees who become eligible for the benefit after January 1, 2006. This may include new hires, rehires and part-time employees appointing to full-time status. c. Category 2 - Employees who were active and enrolled in the previous defined benefit as of December 31, 2005, eligible for the new defined contribution program as of January 1, 2006 and whose age plus years of service as of January 1, 2006 was less than 50. d. Category 3 - Employees who were active and enrolled in the previous defined benefit as of December 31, 2005, eligible for the new defined contribution program as of January 1, 2006 and whose age plus years of service as of January 1, 2006 was 50 or greater. 2. Eligibility All Association members are eligible for the RHS benefit. However, if a member separates or changes positions to a bargaining unit which does not offer this benefit, the member is no longer eligible for any contributions to the plan and their Account will be activated for use and withdrawal of funds by the employee (or former employee). This means if a unit member subsequently reappoints to a position which offers the RHS benefit, they will be enrolled in "Category 1" and must revest in the program. Any remaining balance deposited during prior eligibility will remain in the Account. Employees who become ineligible (no longer covered by a City employee association offering the RHS benefit) before vesting forfeit the City's Part B contribution. Said employee will only receive Part A and Part C contributions. The only exception is an active employee who separates before vesting due to an approved industrial disability. In such case, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's Account at the time of separation. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 17 RHS accounts are deemed forfeited if the Participant dies with no IRS eligible Survivors to assume the account balance. An eligible Survivor is defined as (a) the Participant's lawful spouse, (b) the Participant's child under the age of 27 as defined by IRC Section 152(f)(1), or (c) any other individual who is a person described in IRC Section 152(a). Upon the death of the Participant's survivors, remaining RHS assets are returned to the employer's RHS trust after 12 months from the notification of death. Survivors may not designate a beneficiary under the RHS plan. 3. Account Contributions Account contributions are categorized as Part A, Part B and Part C. Part A contributions are a mandatory, automatic 1 % employee contribution deducted each pay period and deposited into the Account through payroll. Deductions begin the pay period in which the employee becomes eligible and are reported to Ca1PERS as pensionable. Part B contributions require a five year vesting period which begins when the employee becomes eligible for the RHS benefit. At the conclusion of the vesting period, the City will credit the first five years' worth of Part 8 contributions into the Account (interest does not accrue during that period and the contributions are calculated at $2.50 per month for each year of the employee's full-time service plus age) and begin to contribute $2.50 per month for each year of the employee's full-time service plus age (e.g. 30 years old and five years of service would be a factor of 35. $2.50 x 35 = $87.50 per month). This factor is updated annually in the pay period including January 1. Part B contributions are not reported to Ca1PERS as pensionable. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution (i.e., the Ca/PERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for retirees selecting a Ca1PERS medical plan, or any other plan with a similar employer contribution requirement, the required employer contribution will be deducted from the employer's contribution to the retiree's account. Part C contributions are determined by Association election and deposited into the Account when flex leave hours are converted to taxable cash through leave cash -out or at the time of separation or status change. Spillover pay does not qualify for Part C contributions. Part C contributions are not reported to Ca1PERS as pensionable. The Association determines the level of contribution for all unit members, subject to the following constraints. All employees within the Association must participate at the same level. The participation level shall be specified as a percentage of the flex leave balance available in each employee's leave bank at the time of separation from the City, or status change, or as a percentage of the flex leave balance being cashed out. For example, if the Association wishes to elect 30% Part C contributions, then each NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 18 member leaving the City, or cashing out eligible leave at any other time, would have the cash equivalent of 30% of the amount that is cashed out deposited to their RHS Account on a pre-tax basis. The remaining 70% would be paid in cash as taxable income. Individual employees do not have the option to deviate from this breakout. The Association may change the Part C contribution amount as part of a meet and confer process. The purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. The Association has decided to participate in Part C contributions at the level of zero percent (0%) flex leave. Nothing in this section restricts taking leave for time off purposes. 4. Benefit a. Category 1: Employees in this category make Part A and receive Part B contributions (subject to vesting) automatically each pay period through payroll deductions. Part C contributions are received through cash outs. No contributions are made to Category 1 participants after separation. b. Category 2: Employees in this category make Part A and receive Part B contributions (subject to vesting) automatically each pay period through payroll deductions. Part C contributions are received through cash outs. No contributions are made to Category 2 participants after separation. If a Category 2 participant retires from the City with a minimum of 5 consecutive years of full-time service, the City will contribute to the participant's Account a one- time contribution equal to $100 per month for every month the participant contributed to the previous "defined benefit" plan up to a maximum of 15 years (180 months). This contribution is deposited into the Account at the time of retirement, and only if the employee retires from the City and becomes a Ca/PERS annuitant of the City of Newport Beach. No interest will be earned in the interim. For Category 2 participants with less than five years of continuous contributions into the prior defined benefit plan as of January 1, 2006, only the years of service after January 1, 2006 count towards Part B contributions upon vesting. Contributions in years before 2006 will be paid out as stated in the above paragraph. c. Category 3: Employees in this category make Part A contributions automatically each pay period through payroll deductions. Category 3 participants do not receive any Part B contributions. Part C contributions are received through cash outs. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 19 If an eligible Category 3 participant retires from the City of Newport Beach, the City will deposit $400 per month into the Account upon retirement, up to a maximum of $4,800 per year, Tess the CaIPERS minimum required employer contribution as determined by CaIPERS annually, which shall continue as long as the employee or surviving spouse/qualified dependent is still living. To offset this expense to the City, active Category 3 participants will contribute an additional $100 per month to the plan until retirement. There is no cash out option for these funds and they cannot be spent in advance of receipt. Category 3 participants also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution is deposited into the Account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. Contributions are contingent upon remaining a CaIPERS annuitant of the City. 5. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee has the authority to determine investment options that will be available through the plan. G. Tuition Reimbursement 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. The maximum annual benefit is $2,000 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director or designee. H. Deferred Compensation All members: Each unit member shall have the right to enroll in the deferred compensation program set up by the City and subject to the rules of IRS Code section 457. Unit members who enroll in the City deferred compensation program are eligible for City contributions to their City deferred compensation account as follows: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 20 One -Time Deposit: Effective the first day of the pay period which includes January 1, 2023, unit members who are enrolled in the City's deferred compensation program will receive a one-time deposit of five hundred dollars ($500). The City is only obligated to make the contribution if the unit member has enrolled in the deferred compensation program as of the first day of the pay period which includes January 1, 2023. This deposit is for this pay period only and does not carry over to subsequent pay periods. There is no retroactivity. Matching City Contributions: Effective the first day of the pay period which includes January 1, 2023, the City shall match a unit member's deferred compensation contribution up to a maximum of thirty dollars ($30) per month. The City is only obligated to make the contribution if the unit member has enrolled in the deferred compensation program. There is no retroactivity. Additional matching City contributions to Deferred Compensation Based on Years of Service: In addition to the City contribution provided above, the City shall match contributions to eligible unit members' deferred compensation accounts as follows: Years of Service January 1, 2023 January 1, 2024 January 1, 2025 15-19 $20 $25 $30 20-25 $25 $30 $35 25+ $30 $35 $40 Under federal law, there is an annual maximum contribution which may be made to an employee's IRS Code section 457 account. Although the City will be making contributions to the members' accounts each pay period as described above, it is the members' responsibility to track their total contribution amount. If a member's account contributions reach the annual IRS Code section 457 maximum, the City will stop making contributions for the remainder of the calendar year and shall not owe the member any additional compensation under this section. SECTION 5. — Miscellaneous A. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 21 DEFINITIONS 1. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 2. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). 3. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment. 4. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted regular status in the current Classification or any Classification within the Series, subject to the following: a. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; and b. Seniority shall include time spent on all City state and/or federally protected and authorized leaves but shall not include time spent on any unauthorized leave of absence. 5. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher -ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Probationary employees within any Classification shall be laid off before regular employees. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 22 2. Employees within a Classification shall be laid off in inverse order of Seniority. 3. An employee subject to Layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping rights shall notify the Department Director within three (3) working days after notice of Layoff of their intention to exercise Bumping Rights. 4. In the event two or more employees in the same Classification are subject to Layoff and have the same Seniority, the employees shall be laid off following the Department Director's consideration of finalized performance evaluations. NOTICE Employees subject to Lay-off shall be given at least thirty (30) days advance notice of the Layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave and holiday leave (if any). REEMPLOYMENT Employees who are laid off shall be placed on a Department re-employment list in reverse order of Layoff. The re-employment list shall expire in eighteen (18) months. In the event a vacant position occurs in the Classification which the employee occupied at the time of Layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at their last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove their name from the re-employment list by sending written confirmation to the Human Resources Director. SEVERANCE If an employee is Laid Off from their job with the City for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City up to ten (10) weeks of pay. B. Recruitment and Selection Position vacancy announcements for available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. In order to select the most qualified individual for vacant positions the City will continue its practice of "banding" candidates into one of the following ratings: Outstanding, Highly Recommended, Recommended, and Not Recommended, during the testing process. Department Directors review qualified candidates in band order, beginning with the top band and are permitted to hire any eligible candidate from the list (minimum rating of NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 23 Recommended). Where no Tess than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. C. 9/80 Scheduling Plan Unit members work either a 5/40 or 9/80 work schedule. Employees assigned to the 9/80 work schedule will have alternating Fridays off with the City determining which employees will work on each alternating Friday to ensure effective coverage of the work. Supervisors may approve a different alternating day off based on extenuating business circumstances. The City agrees to maintain flex -scheduling where it is currently operating successfully in this unit. D. Labor Management Committee The City will work with 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. Except as otherwise provided by law, the Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of the MOU. A grievance shall be filed according to the following procedure: Step 1: A grievance may be filed by any employee on their own behalf, or jointly by a group of employees, or by the Association. A grievance shall be brought to the attention of the immediate supervisor for discussion within ten (10) days after an employee or Association Board member knew, or in the exercise of reasonable diligence should have known, the act or events upon which the grievance is based. If the Employee or the Association (if filed by the Association is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee or Association shall have the right to file a formal grievance in accordance with Step 2 of this section. Grievances not presented within the time period shall be considered resolved. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 24 The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the employee or the Association (if filed by the Association) is not in agreement with the decision rendered in Step 1, the grievant shall have the right to present a formal grievance to the Department Director within ten (10) Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the Employee or Association fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance, the facts upon which the grievance is based, the rule, regulation or policy the interpretation of which is involved in the grievance, and the specific remedy or remedies sought by the grievant. The Department Director should render a written decision within ten (10) Days after receipt of the formal grievance. Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after conducting a grievance hearing. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. Time Limits: Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee or Association within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 25 (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. An employee who fails promotional probation shall receive a performance evaluation stating the reason for failure of promotional probation. When an employee fails their promotional probation, the employee shall have the right to return to their former class provided the employee was not in the previous class for the purpose of training for a promotion to a higher class. When an employee is returned to their former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in their former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. G. Salary on Reclassification An employee who is reclassified will be provided with a salary increase to the nearest step closest to five (5%) percent (not to exceed the maximum of the new salary range). H. Direct Deposit All employees shall participate in the payroll direct deposit system. I. 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 for construction sites. The Department Head or designee NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 may approve exceptions to wearing uniforms. J. Telecommutinq Program 26 The City agrees to a telecommuting program that will provide for 80 hours per calendar year of telecommuting hours to be used in accordance with City policy. While unit members are invited to participate in policy formation, the terms and conditions are subject to management approval before the program will be implemented. Additionally, the provisions of the policy shall not trigger any right of grievance or appeal. This will be a pilot program which shall terminate upon the expiration of this MOU. Once approved, a copy of the policy governing this program will be attached as an addendum to this MOU. 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. Signatures are on the next page. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 Executed this Z day of 1\I0d ere -lb E 27 , 2021: FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: By: `� 1 By: ATTEST: By: Leilani Brown, City Clekk Ryan Stadlman, President FOR THE CITY OF NEWPORT BEACH very, Mayor By: CITY OF NEWPORT BEACH APPROVED AS TO FORM: Aaron C. Harp, City Attorney NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2022-2025 Exhibit A NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 1.0 % Cost of Living Adjustment Effective the pay period including January 1, 2022 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $34.15 $47.98 $5,920 $8,317 Accountant, Senior $39.23 $55.21 $6,800 $9,569 Building Inspector I $33.69 $47.40 $5,839 $8,217 Building Inspector II $36.19 $50.95 $6,274 $8,832 Building Inspector, Principal $42.91 $60.37 $7,437 $10,463 Building Inspector, Senior $38.92 $54.78 $6,746 $9,495 Civil Engineer, Associate $45.20 $63.56 $7,835 $11,018 Civil Engineer, Senior $52.23 $73.47 $9,053 $12,734 Civil Engineer -Plan Check $47.40 $66.74 $8,217 $11,568 Civil Engineer -Plan Check, Senior $52.23 $73.47 $9,053 $12,734 Code Enforcement Officer I $28.58 $40.22 $4,953 $6,971 Code Enforcement Officer II $32.88 $46.30 $5,699 $8,026 Code Enforcement Officer, Senior $37.01 $52.06 $6,414 $9,025 Code Enforcement Officer, Trainee $23.82 $33.52 $4,129 $5,809 Code Enforcement Supervisor $42.91 $60.37 $7,437 $10,463 Construction Inspection Supervisor $42.91 $60.37 $7,437 $10,463 EMP 3 Plans Examiner $45.20 $63.56 $7,835 $11,018 Engineer, Associate $43.02 $60.57 $7,457 $10,499 Engineer, Junior $38.92 $54.80 $6,746 $9,499 Engineering Technician $29.81 $42.00 $5,166 $7,280 Engineering Technician, Senior $32.88 $46.30 $5,699 $8,026 Engineering Technician -Traffic $33.74 $47.49 $5,848 $8,231 Engineering Technician -Traffic, Senior $35.42 $49.86 $6,139 $8,643 Harbor Technician I $25.81 $36.31 $4,473 . $6,294 IT Analyst $38.61 $54.30 $6,692 $9,412 IT Analyst, Senior $42.87 $60.30 $7,431 $10,451 IT Specialist III $35.81 $50.38 $6,207 $8,733 IT Technician $25.60 $36.01 $4,437 $6,242 IT Technician, Senior $30.72 $43.22 $5,325 $7,491 Management Assistant $33.74 $47.49 $5,848 $8,231 Permit Counter Supervisor $36.16 $50.89 $6,268 $8,822 Permit Technician I $28.43 $39.94 $4,927 $6,923 Permit Technician II $32.88 $46.30 $5,699 $8,026 Planner, Assistant $32.88 $46.30 $5,699 $8,026 Planner, Associate $36.24 $50.99 $6,282 $8,838 Planner, Senior $43.59 $61.28 $7,556 $10,622 Planning Technician $29.90 $42.08 $5,182 $7,294 Public Works Inspector I $33.69 $47.40 $5,839 $8,217 Public Works Inspector 11 $36.19 $50.95 $6,274 $8,832 Public Works Inspector, Senior $38.92 $54.78 $6,746 $9,495 Revenue Auditor $36.66 $51.59 $6,354 $8,942 Water Conservation Coordinator $37.76 $53.15 $6,545 $9,213 Hourly pay rates are rounded to the nearest hundredth. Monthly pay rates are rounded to nearest whole dollar. EMP = Electrical Mechanical Plumbing 28 Exhibit A NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December31, 2025 REPRESENTED POSITIONS 1.5 % Cost of Living Adjustment Effective the pay period including January 1, 2023 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $34.67 $48.70 $6,009 $8,442 Accountant, Senior $39.82 $56.03 $6,902 $9,713 Building Inspector I $34.19 $48.12 $5,927 $8,340 Building Inspector II $36.74 $51.72 $6,368 $8,964 Building Inspector, Principal $43.55 $61.27 $7,549 $10,620 Building Inspector, Senior $39.50 $55.60 $6,847 $9,637 Civil Engineer, Associate $45.88 $64.52 $7,952 $11,183 Civil Engineer, Senior $53.01 $74.57 $9,188 $12,925 Civil Engineer -Plan Check $48.12 $67.74 $8,340 $11,742 Civil Engineer -Plan Check, Senior $53.01 $74.57 $9,188 $12,925 Code Enforcement Officer I $29.01 $40.82 $5,028 $7,075 Code Enforcement Officer II $33.37 $47.00 $5,784 $8,146 Code Enforcement Officer, Senior $37.56 $52.85 $6,510 $9,160 Code Enforcement Officer, Trainee $24.18 $34.02 $4,191 $5,896 Code Enforcement Supervisor $43.55 $61.27 $7,549 $10,620 Construction Inspection Supervisor $43.55 $61.27 $7,549 $10,620 EMP 3 Plans Examiner $45.88 $64.52 $7,952 $11,183 Engineer, Associate $43.67 $61.48 $7,569 $10,657 Engineer, Junior $39.50 $55.62 $6,847 $9,641 Engineering Technician $30.25 $42.63 $5,244 $7,390 Engineering Technician, Senior $33.37 $47.00 $5,784 $8,146 Engineering Technician -Traffic $34.24 $48.20 $5,935 $8,354 Engineering Technician -Traffic, Senior $35.95 $50.61 $6,231 $8,772 Harbor Technician I $26.19 $36.85 $4,540 $6,388 IT Analyst $39.18 $55.12 $6,792 $9,554 IT Analyst, Senior $43.51 $61.20 $7,542 $10,608 IT Specialist III $36.35 $51.14 $6,300 $8,864 IT Technician $25.98 $36.55 $4,503 $6,335 IT Technician, Senior $31.18 $43.87 $5,405 $7,604 Management Assistant $34.24 $48.20 $5,935 $8,354 Permit Counter Supervisor $36.70 $51.66 $6,362 $8,954 Permit Technician I $28.85 $40.54 $5,001 $7,026 Permit Technician II $33.37 $47.00 $5,784 $8,146 Planner, Assistant $33.37 $47.00 $5,784 $8,146 Planner, Associate $36.78 $51.75 $6,376 $8,970 Planner, Senior $44.24 $62.20 $7,669 $10,781 Planning Technician $30.35 $42.71 $5,260 $7,404 Public Works Inspector I $34.19 $48.12 $5,927 $8,340 Public Works Inspector II $36.74 $51.72 $6,368 $8,964 Public Works Inspector, Senior $39.50 $55.60 $6,847 $9,637 Revenue Auditor $37.21 $52.36 $6,449 $9,076 Water Conservation Coordinator $38.33 $53.95 $6,643 $9,352 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 3 EMP = Electrical Mechanical Plumbing 29 Exhibit A NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 2.0 % Cost of Living Adjustment Effective the pay period including January 1, 2024 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $35.36 $49.68 $6,129 $8,611 Accountant, Senior $40.62 $57.16 $7,040 $9,907 Building Inspector I $34.88 $49.08 $6,046 $8,507 Building Inspector II $37.47 $52.75 $6,495 $9,143 Building Inspector, Principal $44.42 $62.50 $7,700 $10,833 Building Inspector, Senior $40.29 $56.71 $6,984 $9,830 Civil Engineer, Associate $46.80 $65.81 $8,111 $11,407 Civil Engineer, Senior $54.07 $76.06 $9,372 $13,184 Civil Engineer -Plan Check $49.08 $69.10 $8,507 $11,977 Civil Engineer -Plan Check, Senior $54.07 $76.06 $9,372 $13,184 Code Enforcement Officer I $29.59 $41.64 $5,128 $7,217 Code Enforcement Officer II $34.04 $47.94 $5,900 $8,309 Code Enforcement Officer, Senior $38.31 $53.90 $6,641 $9,343 Code Enforcement Officer, Trainee $24.66 $34.70 $4,275 $6,014 Code Enforcement Supervisor $44.42 $62.50 $7,700 $10,833 Construction Inspection Supervisor $44.42 $62.50 $7,700 $10,833 EMP 3 Plans Examiner $46.80 $65.81 $8,111 $11,407 Engineer, Associate $44.54 $62.71 $7,720 $10,870 Engineer, Junior $40.29 $56.74 $6,984 $9,834 Engineering Technician $30.86 $43.48 $5,349 $7,537 Engineering Technician, Senior $34.04 $47.94 $5,900 $8,309 Engineering Technician -Traffic $34.93 $49.16 $6,054 $8,521 Engineering Technician -Traffic, Senior $36.67 $51.62 $6,356 $8,948 Harbor Technician I $26.72 $37.59 $4,631 $6,516 IT Analyst $39.97 $56.22 $6,928 $9,745 IT Analyst, Senior $44.38 $62.42 $7,693 $10,820 IT Specialist III $37.08 $52.16 $6,426 $9,041 IT Technician $26.50 $37.28 $4,593 $6,462 IT Technician, Senior $31.81 $44.74 $5,513 $7,756 Management Assistant $34.93 $49.16 $6,054 $8,521 Permit Counter Supervisor $37.44 $52.69 $6,489 $9,133 Permit Technician I $29.43 $41.35 $5,101 $7,167 Permit Technician II $34.04 $47.94 $5,900 $8,309 Planner, Assistant $34.04 $47.94 $5,900 $8,309 Planner, Associate $37.52 $52.79 $6,503 $9,150 Planner, Senior $45.13 $63.44 $7,822 $10,997 Planning Technician $30.95 $43.57 $5,365 $7,552 Public Works Inspector I $34.88 $49.08 $6,046 $8,507 Public Works Inspector II $37.47 $52.75 $6,495 $9,143 Public Works Inspector, Senior $40.29 $56.71 $6,984 $9,830 Revenue Auditor $37.95 $53.41 $6,578 $9,258 Water Conservation Coordinator $39.09 $55.03 $6,776 $9,539 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 3 EMP = Electrical Mechanical Plumbing 30 Exhibit A NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2022 - December 31, 2025 REPRESENTED POSITIONS 2.0 % Cost of Living Adjustment Effective the pay period including January 1, 2025 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $36.07 $50.67 $6,251 $8,783 Accountant, Senior $41.43 $58.30 $7,181 $10,105 Building Inspector I $35.58 $50.06 $6,167 $8,677 Building Inspector II $38.22 $53.81 $6,625 $9,326 Building Inspector, Principal $45.31 $63.75 $7,854 $11,049 Building Inspector, Senior $41.10 $57.85 $7,124 $10,026 Civil Engineer, Associate $47.73 $67.12 $8,274 $11,635 Civil Engineer, Senior $55.15 $77.58 $9,560 $13,447 Civil Engineer -Plan Check $50.06 $70.48 $8,677 $12,216 Civil Engineer -Plan Check, Senior $55.15 $77.58 $9,560 $13,447 Code Enforcement Officer I $30.18 $42.47 $5,231 $7,361 Code Enforcement Officer II $34.72 $48.90 $6,018 $8,475 Code Enforcement Officer, Senior $39.08 $54.98 $6,773 $9,530 Code Enforcement Officer, Trainee $25.16 $35.39 $4,361 $6,135 Code Enforcement Supervisor $45.31 $63.75 $7,854 $11,049 Construction Inspection Supervisor $45.31 $63.75 $7,854 $11,049 EMP 3 Plans Examiner $47.73 $67.12 $8,274 $11,635 Engineer, Associate $45.43 $63.97 $7,875 $11,087 Engineer, Junior $41.10 $57.87 $7,124 $10,031 Engineering Technician $31.48 $44.35 $5,456 $7,688 Engineering Technician, Senior $34.72 $48.90 $6,018 $8,475 Engineering Technician -Traffic $35.63 $50.14 $6,175 $8,692 Engineering Technician -Traffic, Senior $37.40 $52.65 $6,483 $9,127 Harbor Technician I $27.25 $38.34 $4,724 $6,646 IT Analyst $40.77 $57.34 $7,066 $9,939 IT Analyst, Senior $45.27 $63.67 $7,847 $11,037 IT Specialist III $37.82 $53.21 $6,555 $9,222 IT Technician $27.03 $38.03 $4,685 $6,591 IT Technician, Senior $32.44 $45.64 $5,623 $7,911 Management Assistant $35.63 $50.14 $6,175 $8,692 Permit Counter Supervisor $38.18 $53.74 $6,619 $9,316 Permit Technician I $30.02 $42.17 $5,203 $7,310 Permit Technician 11 $34.72 $48.90 $6,018 $8,475 Planner, Assistant $34.72 $48.90 $6,018 $8,475 Planner, Associate $38.27 $53.84 $6,633 $9,333 Planner, Senior $46.03 $64.71 $7,979 $11,217 Planning Technician $31.57 $44.44 $5,473 $7,703 Public Works Inspector I $35.58 $50.06 $6,167 $8,677 Public Works Inspector II $38.22 $53.81 $6,625 $9,326 Public Works Inspector, Senior $41.10 $57.85 $7,124 $10,026 Revenue Auditor $38.71 $54.48 $6,710 $9,443 Water Conservation Coordinator $39.87 $56.13 $6,911 $9,729 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. EMP = Electrical Mechanical Plumbing 31 32 Exhibit B Approved Certifications - Professional and Technical Employees Association CERTIFICATE ELIGIBLE POSITIONS MONTHLY AMOUNT All Represented Professional and Technical Positions ICC Permit Technician ** $70 ICC or CA Residential Building Inspector $75 ICC or CA Residential Electrical Inspector $75 ICC or CA Residential Plumbing Inspector $75 ICC or CA Residential Mechanical Inspector $75 ICC or CA Commercial Building Inspector $75 ICC or CA Commercial Electrical Inspector $75 ICC or CA Commercial Plumbing Inspector All represented Prof Tech Positions from the Building $75 ICC or CA Commercial Mechanical Inspector Division, Code Enforcement, and Public Works $75 Department, not specifically covered in MOU. California Access Specialist (CASP) $100 ICC California Building Plans Examiner $85 ICC Building Plans Examiner $85 ICC Electrical Plans Examiner ** $85 ICC Mechanical Plans Examiner ** $85 ICC Plumbing Plans Examiner ** $85 Residential Fire Sprinkler Inspector/Plans Examiner $75 City Manager's Office -- Information Technology (IT) IT Analyst Geographic Info. System Professional (GISP) $75 IT Technician Cisco Cert. Entry Networking Tech. (CCENT) IT Specialist I/II/III $85 Cisco Certified Network Associate (CCNA) IT Specialist I/11/III $85 MS Certified Technology Specialist (MCTS) IT Specialist I/II/111 $75 MS Certified Systems Administrators (MCSA) IT Specialist I/II/III $85 MS Certified Systems Engineers (MCSE) IT Specialist I/II/III $75 MS Certified Professional (MCP)* IT Specialist I/II/111 $75 CompTIA A+ IT Specialist I/II/III $75 CompTIA Network+ IT Specialist I/11/III $75 Virtual Infrastructure Professional (VIP) or VMWare Certified Professional (VCP) IT Specialist I/II/III $75 Land Surveyor in Training (LSIT)* or Fundamental of Surveying (FS)* IT Analyst $75 33 Exhibit B Approved Certifications - Professional and Technical Employees Association CERTIFICATE ELIGIBLE POSITIONS MONTHLY AMOUNT Public Works & Building Division CalGreen Plans Examiner CalGreen Inspector Building Inspector I/II Building Inspector, Sr. Building Inspector, Principal Civil Engineer, Plan Check Series (Asst, Assoc & Sr) EMP Plans Examiner $750 1x Payment for attainment and upon renewal Certified Public Infrastructure Inspector PW Inspector I/II PW Inspector, Sr. $1,000 1x Payment for attainment and upon renewal Prestressed Concrete Special Inspector* Building Inspector Building Inspector, Principal Building Inspector, Senior Construction Inspector Supervisor PW Inspector, I/II PW Inspector, Senior $75 Reinforced Concrete Special Inspector* Building Inspector Building Inspector, Principal Building Inspector, Senior Construction Inspector Supervisor PW Inspector, I/11 PW Inspector, Senior $75 Structural Masonry Special Inspector* Building Inspector Building Inspector, Principal Building Inspector, Senior Construction Inspector Supervisor PW Inspector, I/II PW Inspector, Senior $75 Traffic Engineer Civil Engineer, Associate Civil Engineer, Junior Civil Engineer, Senior (rev 2/29/08) $85 34 Exhibit B Approved Certifications - Professional and Technical Employees Association CERTIFICATE ELIGIBLE POSITIONS MONTHLY AMOUNT Code Enforcement and Water Conservation Certified Code Enforcement Officer (CACEO) Code Enforcement Officer Code Enforcement Officer, Sr. Water Conservation Coordinator $65 Planning Division AICP Exam Fee Planner, Assistant Planner, Associate Planner, Senior Planning Technician Exam fee payment (1x) up to $495; refundable if APA application is rejected Certificates sunsetted with MOU term: * MOU 2012 - 2015 ** MOU 2015 - 2018 Certificates Sunsetted MOU TERM 2019-2021 Certified Arborist Certified Commercial Pesticide Applicator Certificate in Investigative Interview and Interrog Techniques (BATI) American Institute of Certified Planners (AICP) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION January 1, 2019 through December 31, 2021 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION January 1, 2019 — December 31, 2021 TABLE OF CONTENTS Preamble Section 1. General Provisions Recognition 1 Term 1 Release Time 2 Scope... 2 Conclusiveness 3 Modifications 4 Employee Data and Access 4 Association Dues 4 Section 2. Compensation Salary . 5 Overtime 5 Call -Back Duty 6 Accumulation of Compensatory Time Off 6 Night Shift Differential 6 Associate Civil Engineer and Junior Civil Engineer 7 Certificate Pay 7 Court Time 7 Acting Pay 7 Bi-lingual Pay 8 Assignment Pay 8 Weekend Standby 8 One -Time Payment 9 Section 3. Leaves Flex Leave 9 Holiday Leave 10 Bereavement Leave 11 Leave Seliback 11 i Section 4. Fringe Benefits Insurance 12 Additional Insurance Programs 14 Employee Assistance Program 15 The Retirement Benefit 15 LIUNA Supplemental Pension 17 Retiree Medical Benefit 17 Tuition Reimbursement 21 Section 5. Miscellaneous/Workinq Conditions Reduction in Force/Layoffs 22 Recruitment and Selection 24 9/80 Scheduling Plan 24 Labor Management Committee 25 Grievance Procedure 25 Probation 26 Salary on Reclassification 27 Direct Deposit 27 Uniforms 27 Separability 28 EXHIBIT A: Represented Job Classification and Pay Rates 30 EXHIBIT B: Approved Certifications 33 ii 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" or "Association'), 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 an agreement as to wages, hours and other terms and conditions of employment to apply to all affected employees for the term of January 1, 2019 through December 31, 2021. 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 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 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. Term 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall 2 be considered effective as of January 1, 2019. This MOU shall remain in full force and effect until December 31, 2021 and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The provisions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, 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 an annual maximum of 150 hours paid release time, 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. Each January the City will examine the number of Release Time hours the Association used the preceding year. If the Association used in excess of 75% of the hours normally granted (150), the Association will be granted an additional 30 hours for that year. D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 3 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 3. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; (g) to maintain the efficiency of operations; (h) to determine the methods, means and personnel by which operations are to be conducted; (i) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and (i) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the term of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 4 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, understanding, waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Employee Data and Access In January and July of each year, the NBPTEA will be provided 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. H. Association Dues 1. The collection of Association dues be handled through the payroll deduction process. 2. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its collection of Association dues. SECTION 2. — Compensation NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 5 A. Salary Base salary increases for all NBPTEA represented classifications shall be as follows, and as specified in Exhibit A: Effective the pay period following City Council approval of this MOU, there shall be a base salary increase of two percent (2.0%) for all represented classifications. Effective the pay period that includes January 1, 2020, base salaries will be increased by two percent (2.0%) for all represented classifications. Effective the pay period that includes January 1, 2021, base salaries will be increased by two percent (2.0%) for all represented classifications. B. Overtime 1. Advanced Approval - Employees must have advanced approval from their supervisor to work overtime. 2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the employee's defined FLSA workweek. 3. Contract Overtime — Overtime earned for an employee whose hours paid in their defined FLSA workweek exceeds 40. For purposes of calculating hours paid for contract overtime, holidays occurring during the work week count as time worked. The use of other forms of leave do not count as hours worked for purposes of calculating hours paid for determining eligibility for contract overtime. 4. Rate at Which Overtime is Calculated — Both FLSA and Contract Overtime (paid at time and one half — 1.5) shall be calculated at the regular rate of pay, except that the rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance. 5. Workweek for Purposes of Calculating Overtime — For employees who work the 9/80 work schedule, their defined FLSA workweek shall begin exactly four hours after the start time of their shift on their alternating regular day off (i.e., their eight -hour day) and end exactly 168 hours later. For employees who work a 5/40 work schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end exactly 168 hours later the following Saturday at 12:00 a.m. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 6 6. Work Schedule — Regardless of the type of work schedule an employee is assigned (e.g., 5/40 and 9/80), full time employees are regularly scheduled to work forty (40) hours in their defined FLSA workweek. 7. Reporting Time - The City calculates overtime in tenths of an hour. Employees shall report their time worked to the nearest tenth of an hour. C. Call -Back Duty 1. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All employees shall receive a minimum of two (2) hours pay. If an employee works more than two (2) hours, he/she shall receive pay for actual hours worked. D. Accumulation of Compensatory Time Off Unit members who are non-exempt (from overtime) may receive compensatory time off (CTO), in lieu of cash, as compensation for overtime hours worked at the rate of one -and -one-half (1 '/z) hours for each hour of overtime worked. An employee may only accrue CTO if requested and then approved by the employee's supervisor. Call-back time may be converted to CTO with supervisor approval. Employees may accumulate up to eighty (80) hours of CTO. If an employee has eighty (80) hours of accrued CTO, he/she will not be able to accrue additional CTO until he/she uses CTO to reduce his/her balance below eighty (80) hours. E. Night Shift Differential The City agrees to pay $1.00 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. The parties agree that to the extent permitted by law, the shift differential pay in this section is special compensation and shall be reported to NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 7 CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay. 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 was modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving a "sunset" certificate are considered grandfathered under the program, but no further employees will be eligible. 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, including a limitation of payment for a maximum of five certificates per employee. The parties agree that to the extent permitted by law, certificates which qualify as special compensation shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571 or 571.1. H. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation (if additional hours qualify as overtime) for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay 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 hour requirement has been satisfied, acting pay will be granted for all hours worked above 40 hours beginning with the 41st hour worked in the higher classification. The parties agree that to the extent permitted by law, acting pay is special compensation and shall be reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 8 J. Bi-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month (paid each pay period) in bilingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. The parties agree that to the extent permitted by law, the Bilingual pay in this section is special compensation and shall be reported to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. K. Assignment Pay An employee appointed by the Community Development 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. 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 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 62 hours beginning on Friday at 5:00 p.m. and concluding Monday at 7:00 a.m. for a total of 62 hours per weekend. Time on standby is not considered hours worked. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 9 M. One -Time Payment Following City Council adoption of this MOU, or as soon thereafter as reasonably practicable, currently employed unit members will receive a one-time payment of $2, 700.00. The parties agree that this one-time payment does not meet the criteria under California Code of Regulations 571(b) as reportable compensation for retirement purposes. SECTION 3 - Leaves A. Flex Leave Unit members shall accrue Flex leave at the following rates : Maximum Years of Continuous Hrs Accrued per Annual Allowable Service Pay Period hours Balance (hours) Less than 5 6.00 156.00 468.00 5 but less than 9 6.61 171.86 515.58 9 but less than 12 7.23 187.98 563.94 12 but less than 16 8.15 211.90 635.70 16 but less than 20 8.77 228.02 684.06 20 but less than 25 9.38 243.88 731.64 25 and over 10.00 260.00 780.00 Members shall accrue three (3) months (i.e., 39 hours) of Flex leave (as provided in the chart above) upon completion of three (3) months of continuous employment with the City of Newport Beach, provided however, this amount shall be reduced by any Flex leave time advanced during the first three (3) months of employment. At the completion of three months of employment, three (3) months of accrued Flex leave will be placed in the employee's account. 1. Limit on Accumulation Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash (spill over pay) at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 10 Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 2. Method of Use The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the wishes of the employee. B. Holiday Leave The following days shall be observed as paid holidays (i.e., employees shall have the day off with pay) by all unit members. For each holiday, except the Floating Holiday (where the employee chooses the day off), if an employee is required to work on the holiday, they will receive their pay for the holiday and in addition, either pay or Flex Leave for the number of hours worked on the holiday. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Washington's Birthday Memorial Day Martin Luther King Day Floating Holiday July 4 1st Monday in 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 1st - 1 day* *The floating holiday (eight (8) hours of holiday leave) is awarded on July 1. The hours are added to employees' Flex Leave account. Holidays are paid based on the employee's regular work day schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 8 hours, the employee is entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday pay annually for the Floating Holiday. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 11 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized paid leave (e.g. leave that has been reviewed and approved by the Department Director). 3. 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. C. Bereavement Leave Bereavement leave shall be defined as "the necessary absence from duty by an employee because of the death or terminal illness in his/her immediate family." Unit members shall be entitled to five (5) working days of bereavement leave per calendar year per incident (terminal illness followed by death is considered one incident). Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. For the purposes of this section, immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and the employee's spouse's father, mother, brother, sister, child and grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. D. Leave Sellback During calendar year 2019, employees shall have the option (on two occasions) of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for Flex at 0%. Effective in calendar year 2020 and thereafter, employees shall have the option of converting accrued Flex Leave to cash on an hour for hour basis subject to the following: On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out accrued flex leave which will be earned in the following NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 12 calendar year. The employee can elect to receive the cash out in the pay period which includes June 30 and/or the pay period which includes December 15 for those Flex Leave benefits that have been earned during that portion of the year. In no event shall the flex leave balance be reduced below one hundred and sixty (160) hours. On or before December 31, 2019, each employee shall have the one-time option of cashing out all or a portion of Flex Leave benefits credited to his/her account as of that date. However, in no event shall the flex leave balance be reduced below one hundred and sixty (160) hours when the leave is cashed out. In addition to the above, starting in calendar year 2020, an employee who has an "unforeseen emergency" (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued flex leave. The amount of flex leave which may be paid off is limited to the amount necessary to meet the emergency. If there is an unforseen emergency, an employee can cash out Flex Leave earlier in the year than described above provided that the remaining balance is not reduced below one hundred and sixty (160) hours. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee association with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employees enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 13 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 period. The City's contribution towards the Cafeteria Plan is $1,725 (plus the minimum CaIPERS participating employer's contribution). NBPTEA members who do not enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Employees hired prior to the first day of the pay period following City Council approval of this 2019-2021 MOU who elect to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive $1, 000.00 per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, those unused cafeteria plan funds shall be paid to the employee as taxable cash. Employees hired after the first day of the pay period following City Council approval of this 2019-2021 MOU who elect to opt out of medical coverage offered by the City because they have provided proof of minimum essential coverage ("MEC') through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive $500.00 per month in taxable cash. For these same employees, if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 14 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. 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: Shod Term Disability Long -Term Disability Benefit Amount 66.67% of covered wages 66.67% of covered wages Maximum Benefit $1,846 weekly $15,000 monthly Waiting Period 30 calendar days 180 calendar days Employees shall pay one percent (1%) of base salary as a post -tax deduction for this benefit. Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 15 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 single highest year. Tier 2: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and are current classic members of the retirement system, as defined in the Public Employees' Pension Reform Act "PEPRA'), the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria because they are new members as defined by the PEPRA, the retirement formula shall be 2% @ 62 calculated on the average 36 highest month's salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the PERS retirement benefit, NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 16 to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. Employees in each Tier contribute 13% of pensionable pay toward the retirement benefit. Employee retirement contributions that are in addition to the normal PERS Member Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by law. It is recognized that these payments will not be reported to PERS as contributions toward either the Member or Employer rate, as provided under GC Section 20516(f). Under a separate agreement, and ratified via a contract amendment with CaIPERS in 2008, Tier 1 employees shall contribute 2.42% compensation earnable (as cost sharing) per Government Code section 20516(a). Tier 1 Tier 1 employees shall contribute a total employee contribution of 13% as follows: Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing per Government Code section 20516(a) and 2.58% of compensation earnable as cost sharing per Government Code section 20516(f). Tier 2 employees shall contribute a total employee contribution of 13% as follows: seven percent (7%) (compensation earnable) member contribution and six percent (6%) of compensation earnable as cost sharing per Government Code section 20516(f). Tier 3 Employees: The minimum statutory employee contribution for employees in Tier 3 is subject to the provisions of the Public Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of the "total normal cost". Tier 3 employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code Section 20516(f), for a total employee contribution of 13% of pensionable compensation. The City contracts with PERS for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment and the pre -retirement option settlement 2 death benefit (Section 21548). NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 17 E. LIUNA Supplemental Pension The Association agrees to pay any costs and/or contributions associated with its members' participation in the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. The employees' contributions to the LIUNA Supplemental Pension Fund are deemed "picked -up" and treated as employer contributions. Employees cannot opt out of the "pick-up," or receive the contributed amounts directly instead of having them paid to the plan. Participation at the same level will continue to be mandatory for members of the Association. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. Effective the pay period following City Council approval of this MOU, unit members agree to pick up whatever the actual costs and contributions are required by LIUNA for participation in the LIUNA Supplemental Pension Fund for as long as its members participate in the LIUNA Supplemental Pension Fund. The parties are not precluded from discussing the LIUNA Supplemental Pension in future labor negotiations. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. This includes, but is not limited to, any challenge by any member of the bargaining unit related to making contributions to the Plan or receiving benefits from the Plan. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 18 b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2006. 2. Program Structure This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan (formerly the Medical Expense Reimbursement Program, i.e.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 the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 19 For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex Leave. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay and Compensatory Time are not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 20 Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution (i.e., the CaIPERS statutory minimum amount) towards medical insurance after retirement. The parties also agree that, for 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: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 21 For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 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. The maximum annual benefit is$2,000 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 22 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 regular status in the current Classification or any Classification within the Series, subject to the following: (a) Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; and (b) Seniority shall include time spent on 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 23 classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 1. Probationary employees within any classification shall, in that order, be laid off before regular employees. 2. Employees within a classification shall be laid off in inverse order of seniority. 3. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. 4. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, and holiday leave (if any). NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 24 REEMPLOYMENT Employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 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 with the top band and are permitted to hire any eligible candidate from the list (minimum rating of Recommended). Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. C. 9/80 Scheduling Plan Employees in the unit work a 9/80 or 5/40 work schedule. Employees assigned to the 9/80 work schedule will have alternating Fridays off with the City determining which employees will work on each alternating Friday to ensure effective coverage of the work. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 25 The City agrees to maintain flex -scheduling where it is currently operating successfully in this unit. D. Labor Management Committee The City will work with 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. Except as otherwise provided by law, the Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge a provision of this MOU. A grievance shall be 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 the Association. A grievance shall be brought to the attention of the immediate supervisor for discussion within ten (10) days after an employee or Association Board member knew, or in the exercise of reasonable diligence should have known, the act or events upon which the grievance is based. If the Employee or the Association (if filed by the Association is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee or Association shall have the right to file a formal grievance in accordance with Step 2 of this section. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the employee or the Association (if filed by the Association) is not in agreement with the decision rendered in Step 1, the grievant shall have the right to present a formal grievance to the Department Director within ten (10) Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the Employee or Association fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 26 grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance, the facts upon which the grievance is based, the rule, regulation or policy the interpretation of which is involved in the grievance, and the specific remedy or remedies sought by the grievant. The Department Director should render a written decision within ten (10) Days after receipt of the formal grievance. Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after conducting a grievance hearing. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. Time Limits: Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee or Association within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 27 (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. G. Salary on Reclassification An employee who is reclassified will be provided with a salary increase to the nearest step closest to five (5%) percent (not to exceed the maximum of the new salary range). H. Direct Deposit All employees shall participate in the payroll direct deposit system. I. 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 28 toe protection and meet Department safety standards for construction sites. The Department Head or designee may approve exceptions to wearing uniforms. J. Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect. Signatures are on the next page. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 Executed this 14 day of mAl2c -% ATTEST: By: 29 , 2019. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: By: Stadlman, President CITY OF NEWPORT BEAC Bv: Diane B. Dixon, Mayor CITY OF NEWPORT BEACH APPROVED AS TO FORM: By: Peter Brown, Special Counsel L3//?i ani Brown, City Clerk NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-21 NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2019 - December 31, 2021 REPRESENTED POSITIONS 2.0% Cost of Living Adjustment March 16, 2019 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $32.50 $45.66 $5,634 $7,915 Accountant, Sr. $37.33 $52.54 $6,471 $9,106 Assistant Planner $31.29 $44.06 $5,423 $7,638 Associate Planner $34.49 $48.52 $5,978 $8,410 Building Inspector I $32.06 $45.11 $5,557 $7,819 Building Inspector II $34.44 $48.49 $5,970 $8,405 Building Inspector, Principal $40.83 $57.45 $7,077 $9,957 Building Inspector, Sr. $37.04 $52.13 $6,420 $9,036 Civil Engineer $45.11 $63.51 $7,819 $11,009 Civil Engineer, Associate $40.94 $57.65 $7,097 $9,992 Civil Engineer, Associate + 5% $43.02 $60.49 $7,456 $10,485 Civil Engineer, Jr. $37.04 $52.15 $6,420 $9,040 Civil Engineer, Jr. + 5% $38.87 $54.70 $6,737 $9,481 Civil Engineer, Sr. $49.70 $69.91 $8,615 $12,118 Code Enforcement Officer I $27.20 $38.27 $4,714 $6,634 Code Enforcement Officer II $31.29 $44.06 $5,423 $7,638 Code Enforcement Officer, Sr. $35.22 $49.55 $6,104 $8,588 Code Enforcement Officer, Trainee $22.67 $31.90 $3,930 $5,529 Code Enforcement Supervisor $40.83 $57.45 $7,077 $9,957 Construction Inspection Supervisor $40.83 $57.45 $7,077 $9,957 EMP 3 Plans Examiner $43.02 $60.49 $7,456 $10,485 Engineering Technician $28.36 $39.97 $4,917 $6,928 Engineering Technician, Sr. $31.29 $44.06 $5,423 $7,638 Harbor Supervisor $41.48 $58.32 $7,190 $10,108 Harbor Technician I $24.56 $34.55 $4,257 $5,989 IT Analyst $36.74 $51.68 $6,368 $8,957 IT Analyst, Sr. $40.80 $57.38 $7,072 $9,946 IT Specialist III $34.08 $47.95 $5,907 $8,311 IT Technician $24.36 $34.27 $4,222 $5,940 IT Technician, Sr. $29.24 $41.13 $5,068 $7,129 Management Assistant $32.10 $45.19 $5,565 $7,833 Permit Counter Supervisor $34.41 $48.43 $5,964 $8,395 Permit Technician I $27.05 $38.01 $4,689 $6,588 Permit Technician II $31.29 $44.06 $5,423 $7,638 Planning Technician $28.45 $40.05 $4,932 $6,942 Public Works Inspector I $32.06 $45.11 $5,557 $7,819 Public Works Inspector II $34.44 $48.49 $5,970 $8,405 Public Works Inspector, Sr. $37.04 $52.13 $6,420 $9,036 Real Property Administrator $40.83 $57.45 $7,077 $9,957 Revenue Auditor $34.88 $49.10 $6,047 $8,510 Senior Planner $41.48 $58.32 $7,190 $10,108 Traffic Engineering Technician $32.10 $45.19 $5,565 $7,833 Traffic Engineering Technician, Sr. $33.70 $47.45 $5,842 $8,225 Water Conservation Coordinator $35.93 $50.58 $6,228 $8,768 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 3 EMP = Electrical Mechanical Plumbing NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2019 - December 31, 2021 REPRESENTED POSITIONS 2.0% Cost of Living Adjustment January 1, 2020 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $33.15 $46.58 $5,746 $8,073 Accountant, Sr. $38.08 $53.59 $6,601 $9,289 Assistant Planner $31.91 $44.95 $5,532 $7,791 Associate Planner $35.18 $49.49 $6,097 $8,579 Building Inspector I $32.70 $46.01 $5,668 $7,976 Building Inspector II $35.13 $49.46 $6,090 $8,573 Building Inspector, Principal $41.65 $58.60 $7,219 $10,157 Building Inspector, Sr. $37.78 $53.17 $6,548 $9,216 Civil Engineer $46.01 $64.78 $7,976 $11,229 Civil Engineer, Associate $41.76 $58.80 $7,239 $10,192 Civil Engineer, Associate + 5% $43.88 $61.70 $7,605 $10,695 Civil Engineer, Jr. $37.78 $53.19 $6,548 $9,220 Civil Engineer, Jr. + 5% $39.65 $55.79 $6,872 $9,671 Civil Engineer, Sr. $50.70 $71.31 $8,787 $12,361 Code Enforcement Officer I $27.74 $39.04 $4,808 $6,766 Code Enforcement Officer II $31.91 $44.95 $5,532 $7,791 Code Enforcement Officer, Sr. $35.92 $50.54 $6,226 $8,760 Code Enforcement Officer, Trainee $23.13 $32.53 $4,008 $5,639 Code Enforcement Supervisor $41.65 $58.60 $7,219 $10,157 Construction Inspection Supervisor $41.65 $58.60 $7,219 $10,157 EMP 3 Plans Examiner $43.88 $61.70 $7,605 $10,695 Engineering Technician $28.93 $40.77 $5,015 $7,067 Engineering Technician, Sr. $31.91 $44.95 $5,532 $7,791 Harbor Supervisor $42.31 $59.48 $7,334 $10,311 Harbor Technician I $25.05 $35.25 $4,342 $6,109 IT Analyst $37.47 $52.71 $6,495 $9,136 IT Analyst, Sr. $41.61 $58.53 $7,213 $10,145 IT Specialist III $34.76 $48.91 $6,025 $8,477 IT Technician $24.85 $34.95 $4,307 $6,059 IT Technician, Sr. $29.82 $41.95 $5,169 $7,272 Management Assistant $32.75 $46.09 $5,676 $7,989 Permit Counter Supervisor $35.10 $49.40 $6,084 $8,563 Permit Technician I $27.59 $38.77 $4,783 $6,720 Permit Technician 11 $31.91 $44.95 $5,532 $7,791 Planning Technician $29.02 $40.85 $5,030 $7,081 Public Works Inspector I $32.70 $46.01 $5,668 $7,976 Public Works Inspector 11 $35.13 $49.46 $6,090 $8,573 Public Works Inspector, Sr. $37.78 $53.17 $6,548 $9,216 Real Property Administrator $41.65 $58.60 $7,219 $10,157 Revenue Auditor $35.58 $50.08 $6,168 $8,680 Senior Planner $42.31 $59.48 $7,334 $10,311 Traffic Engineering Technician $32.75 $46.09 $5,676 $7,989 Traffic Engineering Technician, Sr. $34.38 $48.40 $5,959 $8,389 Water Conservation Coordinator $36.65 $51.60 $6,353 $8,943 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 3 EMP = Electrical Mechanical Plumbing NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION MOU Term: January 1, 2019 - December 31, 2021 REPRESENTED POSITIONS 2.0% Cost of Living Adjustment January 1, 2021 HOURLY PAY RATE 1 MONTHLY PAY RATE 2 MIN MAX MIN MAX Accountant $33.82 $47.51 $5,861 $8,235 Accountant, Sr. $38.84 $54.66 $6,733 $9,474 Assistant Planner $32.55 $45.84 $5,642 $7,946 Associate Planner $35.88 $50.48 $6,219 $8,750 Building Inspector I $33.36 $46.93 $5,782 $8,135 Building Inspector II $35.84 $50.45 $6,211 $8,744 Building Inspector, Principal $42.48 $59.77 $7,363 $10,360 Building Inspector, Sr. $38.53 $54.23 $6,679 $9,401 Civil Engineer $46.93 $66.08 $8,135 $11,454 Civil Engineer, Associate $42.60 $59.97 $7,383 $10,396 Civil Engineer, Associate + 5% $44.75 $62.94 $7,757 $10,909 Civil Engineer, Jr. $38.53 $54.26 $6,679 $9,405 Civil Engineer, Jr. + 5% $40.44 $56.91 $7,009 $9,864 Civil Engineer, Sr. $51.71 $72.74 $8,963 $12,608 Code Enforcement Officer I $28.29 $39.82 $4,904 $6,902 Code Enforcement Officer II $32.55 $45.84 $5,642 $7,946 Code Enforcement Officer, Sr. $36.64 $51.55 $6,351 $8,935 Code Enforcement Officer, Trainee $23.59 $33.18 $4,089 $5,752 Code Enforcement Supervisor $42.48 $59.77 $7,363 $10,360 Construction Inspection Supervisor $42.48 $59.77 $7,363 $10,360 EMP 3 Plans Examiner $44.75 $62.94 $7,757 $10,909 Engineering Technician $29.51 $41.59 $5,115 $7,208 Engineering Technician, Sr. $32.55 $45.84 $5,642 $7,946 Harbor Supervisor $43.16 $60.67 $7,481 $10,517 Harbor Technician I $25.55 $35.95 $4,429 $6,231 IT Analyst $38.22 $53.76 $6,625 $9,319 IT Analyst, Sr. $42.45 $59.70 $7,357 $10,348 IT Specialist III $35.46 $49.88 $6,146 $8,647 IT Technician $25.34 $35.65 $4,393 $6,180 IT Technician, Sr. $30.42 $42.79 $5,272 $7,417 Management Assistant $33.40 $47.02 $5,790 $8,149 Permit Counter Supervisor $35.80 $50.39 $6,205 $8,734 Permit Technician I $28.14 $39.54 $4,878 $6,854 Permit Technician II $32.55 $45.84 $5,642 $7,946 Planning Technician $29.60 $41.67 $5,131 $7,222 Public Works Inspector I $33.36 $46.93 $5,782 $8,135 Public Works Inspector II $35.84 $50.45 $6,211 $8,744 Public Works Inspector, Sr. $38.53 $54.23 $6,679 $9,401 Real Property Administrator $42.48 $59.77 $7,363 $10,360 Revenue Auditor $36.29 $51.08 $6,291 $8,854 Senior Planner $43.16 $60.67 $7,481 $10,517 Traffic Engineering Technician $33.40 $47.02 $5,790 $8,149 Traffic Engineering Technician, Sr. $35.07 $49.37 $6,078 $8,557 Water Conservation Coordinator $37.38 $52.63 $6,480 $9,122 1 Hourly pay rates are rounded to the nearest hundredth. 2 Monthly pay rates are rounded to nearest whole dollar. 3 EMP = Electrical Mechanical Plumbing Exhibit B Approved Certifications - Professional and Technical Employees Association CERTIFICATE ELIGIBLE POSITIONS MONTHLY AMOUNT All Represented Professional and Technical Positions ICC Permit Technician * $70 ICC or CA Residential Building Inspector $75 ICC or CA Residential Electrical Inspector $75 ICC or CA Residential Plumbing Inspector $75 ICC or CA Residential Mechanical Inspector $75 ICC or CA Commercial Building Inspector $75 ICC or CA Commercial Electrical Inspector $75 ICC or CA Commercial Plumbing Inspector All represented Prof Tech Positions from the Building $75 ICC or CA Commercial Mechanical Inspector Division, Code Enforcement, and Public Works $75 Department, not specifically covered in MOU. California Access Specialist (CASP) $100 ICC California Building Plans Examiner $85 ICC Building Plans Examiner $85 ICC Electrical Plans Examiner * $85 ICC Mechanical Plans Examiner * $85 ICC Plumbing Plans Examiner * $85 Residential Fire Sprinkler Inspector/Plans Examiner $75 City Manager's Office -- Information Technology (IT) IT Analyst Geographic Info. System Professional (GISP) $75 IT Technician Cisco Cert. Entry Networking Tech. (CCENT) IT Specialist I/II/III $85 Cisco Certified Network Associate (CCNA) IT Specialist I/II/III $85 MS Certified Technology Specialist (MCTS) IT Specialist I/II/III $75 MS Certified Systems Administrators (MCSA) IT Specialist I/II/III $85 MS Certified Systems Engineers (MCSE) IT Specialist I/II/III $75 MS Certified Professional (MCP)** IT Specialist I/II/III $75 CompTIA A+ IT Specialist I/II/III $75 CompTIA Network+ IT Specialist I/II/III $75 Virtual Infrastructure Professional (VIP) or IT Specialist I/II/III $75 VMWare Certified Professional (VCP) Land Surveyor in Training (LSIT)** or Fundamental of Surveying (FS)** IT Analyst $75 Exhibit B Approved Certifications - Professional and Technical Employees Association CERTIFICATE ELIGIBLE POSITIONS MONTHLY AMOUNT Public Works & Building Division CalGreen Plans Examiner CalGreen Inspector Building Inspector I/II Building Inspector, Sr. Building Inspector, Principal Civil Engineer, Plan Check Series (Asst, Assoc & Sr) EMP Plans Examiner $750 1x Payment for attainment and upon renewal Certified Public Infrastructure Inspector PW Inspector I/II PW Inspector, Sr. $1,000 1x Payment for attainment and upon renewal Prestressed Concrete Special Inspector** Building Inspector Building Inspector, Principal Building Inspector, Senior Construction Inspector Supervisor PW Inspector, I/II PW Inspector, Senior $75 Reinforced Concrete Special Inspector** Building Inspector Building Inspector, Principal Building Inspector, Senior Construction Inspector Supervisor PW Inspector, I/II PW Inspector, Senior $75 Structural Masonry Special Inspector** Building Inspector Building Inspector, Principal Building Inspector, Senior Construction Inspector Supervisor PW Inspector, I/II PW Inspector, Senior $75 Traffic Engineer Civil Engineer, Associate Civil Engineer, Junior Civil Engineer, Senior (rev 2/29/08) $85 Exhibit B Approved Certifications - Professional and Technical Employees Association CERTIFICATE ELIGIBLE POSITIONS MONTHLY AMOUNT Code Enforcement and Water Conservation Certified Code Enforcement Officer (CACEO) Code Enforcement Officer Code Enforcement Officer, Sr. Water Conservation Coordinator $65 Planning Division AICP Exam Fee Planner, Assistant Planner, Associate Planner, Senior Planning Technician Exam fee payment (1x) up to $495; refundable if APA application is rejected Certificates Sunsetted MOU TERM 2019-2021 Certified Arborist Certified Commercial Pesticide Applicator Certificate in Investigative Interview and Interrog Techniques (BATI) American Institute of Certified Planners (AICP) * Additional certificates to sunset (as above) per the 2015-18 MOU **Only those unit members receiving the certificate pay at the time of the 2012 - 2015 MOU are eligible for the benefit. Certificates will "sunset" upon certificate lapse or employee separation. 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 a three and one-half year period, from July 1, 2015 through December 31, 2018. 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 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 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. 2 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, 2015. This MOU shall remain in full force and effect until December 31, 2018 and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, 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 an annual maximum of 150 hours paid release time, 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. Each January the City will examine the number of Release Time hours the Association used the preceding year. If the Association used in excess of 75% of the hours normally granted (150), the Association will be granted an additional 30 hours for that year. D. Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 3 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) (U) the right to take all necessary actions to fulfill the Department's responsibilities in the event of an emergency; and the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Conclusiveness With the exception of a separate MOU covering retirement issues, this MOU contains all of the covenants, stipulations, and provisions agreed NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 4 upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall determine the mariner in which City services are to be provided, including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association, the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services. F. Modifications Any agreement, understanding, waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. The parties have determined certain contract provisions may be outdated or inconsistent with policy, charter, or Federal, State or local law. Effective during the term of the MOU City and Association representatives will review the contract document with the intent of proposing simplified and appropriate language, content and formatting. No changes to this MOU shall be effective unless approved by City Council. G. Employee Data and Access In January and July of each year, the NBPTEA will be provided 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 5 SECTION 2. — Compensation A. Salary Base salary increases for all NBPTEA represented classifications shall be as follows, and as specified in Exhibit A: Effective the pay period that includes January 1, 2016, base salaries will be increased by 2.65%. Effective the pay period that includes January 1, 2017, base salaries will be increased by 2.65%. Effective the pay period that includes January 1, 2018, base salaries will be increased by 2.65%. B. Normal Overtime 1. Definitions (a) Miscellaneous Employee - An employee designated as a Miscellaneous member of the Public Employees Retirement System (PERS). (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 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 Tess than 1/10 of an hour that is non- recu rrent. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 6 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 Duty 1. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 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 (1 1/2) 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 7 E. Night Shift Differential The City agrees to pay $1.00 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 was modified to eliminate "inactive" certificates and "sunset" certain active certificates. Employees currently receiving a "sunset" certificate are considered grandfathered under the program, but no further employees will be eligible. 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 receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. I. Acting Pay 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 8 J. Bi-Iinoual 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 Community Development 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. 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 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 62 hours beginning on Friday at 5:00 p.m. and concluding Monday at 7:00 a.m. for a total of 62 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. M. One -Time Payment Following City Council adoption of this 2015-18 MOU, or as soon thereafter as reasonably practicable, currently employed unit members will NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 9 receive a one-time payment of $2,400. The parties agree that this one- time payment does not meet the criteria under California Code of Regulations 571(b) as reportable compensation for retirement purposes. SECTION 3 - Leaves A. Flex Leave Effective the pay period accrue Flex leave at the Years of Continuous Service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over including January 1, 2013, all following rates : Hrs Accrued per Annual Pay Period hours 6.00 156.00 6.61 171.86 7.23 187.98 8.15 211.90 8.77 228.02 9.38 243.88 10.00 260.00 unit members shall Maximum Allowable Balance (hours) 468.00 515.58 563.94 635.70 684.06 731.64 780.00 Members shall accrue three (3) months of Flex leave upon completion of three (3) months of continuous employment with the City of Newport Beach, provided however, this amount shall be reduced by any Flex leave time advanced during the first three (3) months of employment. At the completion of three months of employment, three (3) months of accrued Flex leave will be placed in the employee's account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 10 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. B. Vacation Leave Due to the conversion of employees to the Flex leave program, former Vacation leave provision "B" is hereby removed and shall be referenced exclusively in prior MOUs. B. 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 11 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 employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. C. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all unit members. For each designated holiday, except the Floating Holiday, employees shall receive an equivalent number of hours of paid leave or equivalent pay. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas Day 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 1st - 1 day NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 12 Holidays will be paid based on the employee's regular work day schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 8 hours, the employee is entitled to receive 8 hours of holiday pay. Employees will receive 8 hours of holiday pay annually for the Floating Holiday. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized leave (e.g. leave that has been reviewed and approved by the Department Director). 3. In addition, for all employees an additional 8 hours of floating holiday will be added to his/her vacation or flex leave accumulated total on the first pay period in July each year. 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 the death or terminal illness in his/her immediate family." Unit members shall be entitled to five (5) working days of bereavement leave per calendar year per incident (terminal illness followed by death is considered one incident). Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. Leave hours need not be used consecutively, but should occur in proximate time to the occurrence. For the purposes of this section, immediate family shall mean an employee's father, mother, stepfather, stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and the employee's spouse's father, mother, brother, sister, child and grandparents. The provisions of this Section shall not diminish or reduce any rights a member may have pursuant to applicable provisions of State or Federal law. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 13 F. Leave Sellback Twice annually, employees shall have the option of selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall the flex or vacation leave balance be reduced below one hundred and sixty (160) hours. Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected Part C contributions for Flex at 0%. 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 receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employees enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 14 The parties recognize that from July 1, 2015 through December 31, 2015 the City has contributed $1,549 per month (plus the PERS minimum contribution) toward the Cafeteria Plan. Effective the first pay issue in January 2016, the City's contribution towards the Cafeteria Plan will increase by $76 per month to $1,625 (plus the minimum CaIPERS participating employer's contribution). Effective the first pay issue in January 2017, the City's contribution towards the Cafeteria Plan will increase by $100 per month to $1,725 (plus the minimum CalPERS participating employer's contribution). NBPTEA members who do not enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis. Effective January 1, 2016, or as soon thereafter is practicable following MOU adoption, the maximum cafeteria allowance provided to employees who execute an opt -out agreement is $1, 000 per month. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's 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. Effective July 2017, either party may request to reopen Section 4,A, (2) regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage. In addition, should State or Federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 15 B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $15 (STD) and $100 (LTD) Waiting Period 30 Calendar Days (STD) 180 Calendar Days (LTD) Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee terminates from City employment. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 16 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. Tier 2: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and are current members of the retirement system, as defined in Public Employees Pension Reform Act, the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria, the retirement formula shall be 2% @ 62 calculated on the average 36 highest month's salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this MOU, unit members will contribute additional amounts toward the PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. At the conclusion of this contract employees in each Tier will contribute 13% of pensionable pay toward the retirement benefit. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the government tax code. It is NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 17 recognized that these payments will not be reported to PERS as contributions toward either the Member or Employer rate, as provided under GC Section 20516(f). Under a separate agreement, and ratified via a contract amendment with CaIPERS in 2008, the modified normal member contribution for Tier 1 employees is 10.42% of pensionable compensation. The parties recognize that from July 1, 2015 through December 31, 2015, NBPTEA members have been paying, in addition to the member contribution, a portion of the Employer rate under a 20516(f) cost sharing agreement. The normal Member rate and the cost sharing rate vary by Tier. However, the combined contribution rate for each Tier equals 12.35% of pensionable compensation, as provided in a prior agreement. Tier 1 and Tier 2 Employees: Effective the pay period including January 1, 2016, Tier 1 and Tier 2 employees shall contribute an additional .35% of pensionable pay toward retirement costs pursuant to Government Code Section 20516 (f), for a total of 12.70%. Effective the pay period including January 1, 2017, Tier 1 and Tier 2 employees shall contribute an additional .30% of pensionable pay toward retirement costs for a total employee contribution of 13%. Tier 3 Employees: The minimum statutory employee contribution for employees in Tier 3 is subject to the provisions of the Public Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of the "total normal cost". Effective the pay period including January 1, 2016, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall make an additional contribution of base pay toward retirement pursuant to Government Code Section 20516(f), for a total employee contribution of 12.7%. Effective the pay period including January 1, 2017, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall make an additional contribution of base pay toward retirement pursuant to Government Code Section 20516(f), for a total employee contribution of 13%. In the event pension reform is modified by State or Federal legislation, resulting in changes to previously negotiated terms, the parties agree to meet and confer to discuss subsequent changes to the contract. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 18 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. The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 19 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, i.e.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 the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31st of the prior year). Effective January 2008, this contribution will increase to $2.50 per month. Part C contributions (leave settlement as determined by Association): NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 20 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 and zero percent (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 and Compensatory Time are 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 21 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 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 22 plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 23 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). 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. Effective January 1, 2013, reimbursement will increase by $100, for a maximum annual benefit of $1,500 per fiscal year. Effective January 1, 2016, reimbursement will increase to a maximum annual benefit of $2,000 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director or designee. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 24 SECTION 5. - MiscellaneouslWorking 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. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 25 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 18 months. In the event a vacant position NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 26 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 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. In January 2011 the 9/80 flex -schedule was modified as follows: employees were provided the option of alternating Fridays off only. Employees on a 9/80 schedule with alternating Mondays or any other day off converted to Fridays off beginning in January 2011. To ensure effective coverage, employees on the 9/80 schedule 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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 27 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. A grievance shall be brought to the attention of the immediate supervisor for discussion within ten (10) days of when the grievance arose. If the Employee is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee shall have the right to file a formal grievance in accordance with Step 2 of this section. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the employee is not in agreement with the decision rendered in Step 1, an employee shall have the right to present a formal grievance to the Department Director within ten (10) Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the Employee fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance, the facts upon which the grievance is based, the rule, regulation or policy the interpretation of which is involved in the NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 28 grievance, and the specific remedy or remedies sought by the grievant. The Department Director should render a written decision within ten (10) Days after receipt of the formal grievance. Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after conducting a grievance hearing. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. Time Limits: Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits established in this Manual can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. 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. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 29 (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. (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 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 30 Resolutions and a copy of this Memorandum of Understanding. More information may be included. I. 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 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. Signatures are on the next page. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 Executed this 15 day of , , 2016. 31 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: CITY OF NEWPORT BEACH By: ATTEST: By: Ry n Stadlman, Secretary/Treasurer Leilani Brown, City Clerk ROVED AS TO FORM: Aaron Harp, City Attorney \ NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018 EXHIBIT A Newport Beach Professional and Technical Employees Association Represented Classifications and Pay Rates Effective January 1, 2016 2.65% wage increase Hourl Monthl Represented Classification Min Max Min Max Accountant $30.24 $42.49 $5,242 $7,364 Accountant, Senior $34.74 $48.88 $6,021 $8,473 Building Inspector, Principal $37.99 $53.45 $6,585 $9,265 Building Inspector I $29.83 $41.97 $5,171 $7,275 Building Inspector 11 $32.05 $45.11 $5,555 $7,820 Building Inspector, Senior $34.46 $48.50 $5,973 $8,407 Buyer, Senior $32.09 $45.15 $5,562 $7,825 Code Enforcement Officer II $29.11 $41.00 $5,046 $7,106 Code Enforcement Officer, Senior $32.77 $46.10 $5,680 $7,991 Code Enforcement Officer, Trainee $21.09 $29.68 $3,656 $5,144 Code Enforcement Officer I $25.30 $35.61 $4,386 $6,172 Code Enforcement Supervisor $37.99 $53.45 $6,585 $9,265 Civil Engineer- Plan Check $41.97 $59.10 $7,275 $10,243 Civil Engineer Senior- Plan Check $46.24 $65.05 $8,016 $11,275 Civil Engineer, Assoc - Plan Check $38.09 $53.63 $6,603 $9,297 Civil Engineer- PW $41.97 $59.10 $7,275 $10,243 Civil Engineer Assoc 5% $40.02 $56.28 $6,936 $9,756 Civil Engineer Jr. + 5% $36.16 $50.89 $6,268 $8,822 Civil Engineer, Associate $38.09 $53.63 $6,603 $9,297 Civil Engineer, Junior $34.46 $48.52 $5,973 $8,411 Civil Engineer, Senior $46.24 $65.05 $8,016 $11,275 Construct.Inspec.Super $40.02 $56.28 $6,937 $9,756 Emp Plans Examiner $40.02 $56.28 $6,937 $9,756 Engineering Technician $26.39 $37.19 $4,574 $6,446 Engineering Technician, Senior $29.11 $41.00 $5,046 $7,106 GIS Analyst $34.18 $48.08 $5,925 $8,334 GIS Technician $27.20 $38.27 $4,715 $6,633 Harbor Resources Supervisor $38.60 $54.26 $6,690 $9,405 Harbor Resources Tech I $22.85 $32.15 $3,961 $5,573 Harbor Resources Tech II $25.30 $35.62 $4,386 $6,174 Information Systems Coordinator $44.04 $61.95 $7,633 $10,738 IT Apps Analyst $34.18 $48.08 $5,925 $8,334 IT Apps Analyst, Sr. $37.96 $53.39 $6,580 $9,254 IT Apps Supervisor $47.17 $66.37 $8,176 $11,505 IT Operations Supervisor $44.12 $62.02 $7,647 $10,750 IT Specialist III $31.71 $44.61 $5,496 $7,733 IT Specialist, Senior $36.57 $51.46 $6,340 $8,919 IT Technician $21.09 $29.68 $3,656 $5,144 Management Assistant $29.87 $42.05 $5,178 $7,288 Permit Counter Supervisor $32.02 $45.06 $5,550 $7,811 Permit Technician 1 $25.17 $35.36 $4,363 $6,130 Permit Technician 11 $29.11 $41.00 $5,046 $7,106 Planner, Assistant $29.11 $41.00 $5,046 $7,106 Planner, Associate $32.09 $45.15 $5,562 $7,825 Planner, Senior $38.60 $54.26 $6,690 $9,405 Planning Technician $26.47 $37.26 $4,589 $6,459 Public Works Inspector I $29.83 $41.97 $5,171 $7,275 Public Works Inspector 11 $32.05 $45.11 $5,555 $7,820 Public Works Inspector Senior $34.46 $48.50 $5,973 $8,407 Real Property Administrator $37.99 $53.45 $6,585 $9,265 Res Building Records Insp $29.11 $41.00 $5,046 $7,106 Revenue Auditor $32.46 $45.68 $5,626 $7,918 Traffic Eng Tech, Sr. $31.36 $44.15 $5,436 $7,653 Traffic Engineering Tech $29.87 $42.05 $5,178 $7,288 Urban Forester $32.02 $45.06 $5,550 $7,811 Water Conservation Coord $33.43 $47.07 $5,795 $8,158 32 Newport Beach Professional and Technical Employees Association Represented Classifications and Pay Rates Effective January 1, 2017 2.65% wage increase Hours Month) Represented Classification Min Max Min Max. Accountant $31.04 $43.61 $5,381 $7,560 Accountant, Senior $35.66 $50.18 $6,181 $8,697 Building Inspector, Principal $39.00 $54.87 $6,760 $9,510 Building Inspector I $30.62 $43.09 $5,308 $7,468 Building Inspector II $32.90 $46.31 $5,702 $8,027 Building Inspector, Senior $35.37 $49.79 $6,131 $8,630 Buyer, Senior $32.94 $46.34 $5,709 $8,033 Code Enforcement Officer 11 $29.88 $42.08 $5,180 $7,295 Code Enforcement Officer, Senior $33.64 $47.32 $5,831 $8,202 Code Enforcement Officer, Trainee $21.65 $30.46 $3,753 $5,280 Code Enforcement Officer I $25.97 $36.55 $4,502 $6,336 Code Enforcement Supervisor $39.00 $54.87 $6,760 $9,510 Civil Engineer- Plan Check $43.09 $60.66 $7,468 $10,515 Civil Engineer Senior- Plan Check $47.47 $66.77 $8,228 $11,574 Civil Engineer, Assoc - Plan Check $39.10 $55.06 $6,778 $9,543 Civil Engineer - PW $43.09 $60.66 $7,468 $10,515 Civil Engineer Assoc 5% $51.62 $57.77 $8,948 $10,014 Civil Engineer Jr. + 5% $41.08 $52.24 $7,120 $9,055 Civil Engineer, Associate $39.10 $55.06 $6,778 $9,543 Civil Engineer, Junior $35.37 $49.81 $6,131 $8,633 Civil Engineer, Senior $47.47 $66.77 $8,228 $11,574 Construct. Inspec.Super $41.08 $57.77 $7,121 $10,014 Emp Plans Examiner $41.08 $57.77 $7,121 $10,014 Engineering Technician $27.09 $38.18 $4,696 $6,617 Engineering Technician, Senior $29.88 $42.08 $5,180 $7,295 GIS Analyst $35.09 $49.36 $6,082 $8,555 GIS Technician $27.92 $39.28 $4,840 $6,808 Harbor Resources Supervisor $39.62 $55.70 $6,867 $9,654 Harbor Resources Tech I $23.46 $33.00 $4,066 $5,720 Harbor Resources Tech II $25.97 $36.56 $4,502 $6,338 Information Systems Coordinator $45.20 $63.59 $7,835 $11,022 IT Apps Analyst $35.09 $49.36 $6,082 $8,555 IT Apps Analyst, Sr. $38.97 $54.80 $6,754 $9,499 IT Apps Supervisor $48.42 $68.13 $8,392 $11,810 IT Operations Supervisor $45.29 $63.66 $7,850 $11,035 IT Specialist III $32.55 $45.79 $5,642 $7,938 IT Specialist, Senior $37.54 $52.82 $6,508 $9,156 IT Technician $21.65 $30.46 $3,753 $5,280 Management Assistant $30.66 $43.16 $5,315 $7,481 Permit Counter Supervisor $32.86 $46.26 $5,697 $8,018 Permit Technician I $25.84 $36.30 $4,478 $6,292 Permit Technician II $29.88 $42.08 $5,180 $7,295 Planner, Assistant $29.88 $42.08 $5,180 $7,295 Planner, Associate $32.94 $46.34 $5,709 $8,033 Planner, Senior $39.62 $55.70 $6,867 $9,654 Planning Technician $27.17 $38.25 $4,710 $6,630 Public Works Inspector I $30.62 $43.09 $5,308 $7,468 Public Works Inspector II $32.90 $46.31 $5,702 $8,027 Public Works Inspector Senior $35.37 $49.79 $6,131 $8,630 Real Property Administrator $39.00 $54.87 $6,760 $9,510 Res Building Records Insp $29.88 $42.08 $5,180 $7,295 Revenue Auditor $33.32 $46.89 $5,775 $8,128 Traffic Eng Tech, Sr. $32.19 $45.32 $5,580 $7,855 Traffic Engineering Tech $30.66 $43.16 $5,315 $7,481 Urban Forester $32.86 $46.26 $5,697 $8,018 Water Conservation Coord $34.32 $48.31 $5,949 $8,374 33 Newport Beach Professional and Technical Employees Association Represented Classifications and Pay Rates Effective January 1, 2018 2.65% wage increase Hours Month! Represented Classification Min Max Min Max Accountant $31.86 $44.77 $5,523 $7,760 Accountant, Senior $36.60 $51.51 $6,344 $8,928 Building Inspector, Principal $40.03 $56.32 $6,939 $9,762 Building Inspector I $31.43 $44.23 $5,448 $7,666 Building Inspector II $33.77 $47.54 $5,853 $8,240 Building Inspector, Senior $36.31 $51.11 $6,294 $8,859 Buyer, Senior $33.81 $47.57 $5,861 $8,245 Code Enforcement Officer II $30.67 $43.20 $5,317 $7,488 Code Enforcement Officer, Senior $34.53 $48.57 $5,985 $8,419 Code Enforcement Officer, Trainee $22.23 $31.27 $3,853 $5,420 Code Enforcement Officer I $26.66 $37.52 $4,621 $6,504 Code Enforcement Supervisor $40.03 $56.32 $6,939 $9,762 Civil Engineer- Plan Check $44.23 $62.27 $7,666 $10,793 Civil Engineer Senior - Plan Check $48.73 $68.54 $8,446 $11,881 Civil Engineer, Assoc - Plan Check $40.14 $56.51 $6,957 $9,796 Civil Engineer - PW $44.23 $62.27 $7,666 $10,793 Civil Engineer Assoc 5% $42.17 $59.31 $7,309 $10,280 Civil Engineer Jr. + 5% $38.11 $53.63 $6,605 $9,295 Civil Engineer, Associate $40.14 $56.51 $6,957 $9,796 Civil Engineer, Junior $36.31 $51.13 $6,294 $8,862 Civil Engineer, Senior $48.73 $68.54 $8,446 $11,881 Construct. Inspec.Super $42.17 $59.31 $7,310 $10,280 Emp Plans Examiner $42.17 $59.31 $7,310 $10,280 Engineering Technician $27.81 $39.19 $4,820 $6,792 Engineering Technician, Senior $30.67 $43.20 $5,317 $7,488 GIS Analyst $36.02 $50.66 $6,243 $8,782 GIS Technician $28.66 $40.32 $4,968 $6,989 Harbor Resources Supervisor $40.67 $57.17 $7,049 $9,910 Harbor Resources Tech I $24.08 $33.88 $4,173 $5,872 Harbor Resources Tech II $26.66 $37.53 $4,621 $6,506 Information Systems Coordinator $46.40 $65.28 $8,043 $11,315 IT Apps Analyst $36.02 $50.66 $6,243 $8,782 IT Apps Analyst, Sr. $40.00 $56.26 $6,933 $9,751 IT Apps Supervisor $49.70 $69.94 $8,615 $12,123 IT Operations Supervisor $46.49 $65.35 $8,058 $11,328 IT Specialist III $33.41 $47.01 $5,791 $8,148 IT Specialist, Senior $38.54 $54.22 $6,680 $9,398 IT Technician $22.23 $31.27 $3,853 $5,420 Management Assistant $31.48 $44.30 $5,456 $7,679 Permit Counter Supervisor $33.74 $47.48 $5,848 $8,230 Permit Technician I $26.52 $37.26 $4,597 $6,459 Permit Technician II $30.67 $43.20 $5,317 $7,488 Planner, Assistant $30.67 $43.20 $5,317 $7,488 Planner, Associate $33.81 $47.57 $5,861 $8,245 Planner, Senior $40.67 $57.17 $7,049 $9,910 Planning Technician $27.90 $39.26 $4,835 $6,806 Public Works Inspector I $31.43 $44.23 $5,448 $7,666 Public Works Inspector II $33.77 $47.54 $5,853 $8,240 Public Works Inspector Senior $36.31 $51.11 $6,294 $8,859 Real Property Administrator $40.03 $56.32 $6,939 $9,762 Res Building Records lnsp $30.67 $43.20 $5,317 $7,488 Revenue Auditor $34.20 $48.13 $5,928 $8,343 Traffic Eng Tech, Sr. $33.04 $46.52 $5,728 $8,064 Traffic Engineering Tech $31.48 $44.30 $5,456 $7,679 Urban Forester $33.74 $47.48 $5,848 $8,230 Water Conservation Coord $35.23 $49.59 $6,106 $8,596 34 EXHIBIT B Approved Certifications - Professional and Technical Employees Association Certificate Eligible Positions Monthly Amt City Manager's Office -- Information Technology (IT) Geographic Information System Professional (GISP) GIS Analyst GIS Technician $75 $75 CCENT (Cisco Certified Entry Networking Technician) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $85 CCNA certification (Cisco Certified Network Associate) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $85 Microsoft Certified Technology Specialist (MCTS) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $75 Microsoft Certified Systems Administrators (MCSAs) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $85 Microsoft Certified Systems Engineers (MCSEs) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $75 Microsoft Certified Professional (MCP)** IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $75 CompTIA A+ IT Operations Supervisor IT Specialist, Sr. IT Specialist I/11/III Info Sys Coordinator $75 CompTIA Network+ IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator $75 Virtual Infrastructure Professional (VIP) or VMWare Certified Professional (VCP) IT Operations Supervisor IT Specialist, Sr., IT Specialist I/II/111 Info Sys Coordinator $75 Land Surveyor in Training (LSIT)** or Fundamental of Surveying (FS)** GIS Analyst $75 Municipal Operations Department Certified Arborist Certified Comm'I Pesticide Applicator Urban Forester Urban Forester $75 $65 Public Works & Community Development Traffic Engineer Junior Engineer Associate Civil Engineer Associate Engineer Senior Engineer (rev 2/29/08) $85 35 1/12/16 Approved Certifications - Professional and Technical Employees Association Public Works & Community Development Prestressed Concrete Special Inspector** PW Inspector I & II, Sr PW Inspector, Construction Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector $75 Structural Masonry Special Inspector** PW Inspector I & II, Sr PW Inspector, Construction Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector $75 Reinforced Concrete Special Inspector** PW Inspector I & II, Sr PW Inspector, Construction Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector $75 Community Development Department & Public Works (Code & Water Quality Enforcement) Certified Code Enforcement Officer (CACEO) CWQ Enfrc Officer, Sr CWQ Enfrc Offcr $65 Certificate in Investigative Interview and Interrog Techniques (BATI) ** CWQ Enfrc Officer, Sr CWQ Enfrc Offcr $45 Community Development Department (Planning) American Institute of Certified Planners (AICP)** Planner, Sr. Planner, Associate Planner, Assistant Planning Technician $85 AICP Exam Fee Planner, Sr. Planner, Associate Planner, Assistant Planning Technician One time payment for Exam Fee up to $495; refundable if APA application is rejected Community Development Department & Public Works ICC Permit Technician *** ICC or California Residential Building Inspector ICC or California Residential Electrical Inspector ICC or California Residential Plumbing Inspector ICC or California Residential Mechanical Inspector ICC or California Commercial Building Inspector ICC or California Commercial Electrical ICC or California Commercial Plumbing ICC or California Commercial Mechanical Inspector California Access specialist Casp ICC California Building Plans Examiner ICC Building Plans Examiner All represented Prof Tech Positions from the Building Division, Code Enforcement, and Public Works Department, not specifically covered in MOU $70 $75 $75 $75 $75 $75 $75 $75 $75 $100 $$5 $85 36 1/12/16 Approved Certifications - Professional and Technical Employees Association Community Development Department & Public Works ICC Electrical Plans Examiner *** All represented Prof Tech Positions from the Building $85 ICC Mechanical Plans Examiner *** Division, Code Enforcement, and Public Works $85 ICC Plumbing Plans Examiner *** Department, not specifically covered in MOU $85 Residential Fire Sprinkler Inspector/Plans $75 Examiner Changes to Prof Tech Cert Pay Program, effective January 1, 2016: Certificate Eligible Job Class Payment Method CalGreen Plans Examiner CalGreen Inspector Plan Check Engineer Series (Assistant, Associate, Senior) Building Inspector I/II and Senior Principal Building Inspector EMP Plans Examiner $750 one time payment on proof of attainment and upon renewal Certified Public Infrastructure Inspector Public Works Inspector I/11 Senior Public Works Inspector Public Works Inspection Supervisor $1,000 one time payment on proof of attainment and upon renewal ** 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. *** Additional certificates to sunset (as above) per the 2015-18 MOU 37 1/12/16 Side Letter Agreement to the Memoranda of Understanding between the City of Newport Beach and the Newport Beach City Employees Association, Newport Beach Firefighters Association (for non -safety employees), Newport Beach Professional and Technical Employees Association and the Part -Time Employees Association of Newport Beach, as well as Unrepresented Employees The undersigned Associations and City have jointly agreed to modify the Hours of Operation for City Facilities from Wednesday, December 24, 2014, through Thursday, January 1, 2015. The proposed days/hours of operation for each department are included on Attachment B. The City Manager shall determine the manner in which the City Hall campus and other facilities shall remain open on December 24 and 31, 2014 (partial or full day closure). Any employee, full-time or part-time, seeking to work outside of the schedule must first receive approval from the Department Director, in order to plan for access to the building. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following payroll/timecard guidelines pertain to regular, full-time employees only and will not address every individual's circumstance, which should be discussed with the employee's Department Director. 1. Employees with leave time available shall first be required to use FlexNacation Leave, Administrative Leave or Compensatory Time for days/hours not covered by Holiday Pay. 2. If an employee has insufficient leave time available, Leave Without Pay will be used for any time off not covered by the employee. 3. In order to be eligible for the holiday pay benefit, an employee must be in paid status prior to and immediately following each holiday. 4. All other provisions of the Employee Policy Manual or applicable Memoranda of Understanding will remain in full force and effect. This agreement will assist in lowering the City's paid leave liability and provide savings in utilities/other maintenance costs. This agreement shall not apply to public safety or to essential functions that operate on a "24/7" basis, regardless of scheduled holidays designated by existing MOUs and authorized for unrepresented employee groups. With the adoption of this Side Letter, well in advance of the holiday, employees should have adequate time to make arrangements for scheduling, coverage, and public notification. Page 1 of 2 Hours of Operation for City Facilities December 24, 2014, through January 1, 2015 July 22, 2014 i-L' Executed this 26tday of 11//'(' ,2014. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: Newport Beach City Employees Association Teri Craig, President Newport Beach Firefighters Association (N-S) Bobby Salerno, President Key & Management Group (Unrepresented) Newport Beach Employees League \ � 1 CR Chris Auger, President, Part -Time Employees Association of NB 1;7112cn . Amy M'yfiard, Picdsident Professional/Technical Employees Association Fern` N°ueno, President FOR THE CITY OF NEWPORT BEACH: Newport Beach City Employees Association ^ ush N. Hill, II, Mayor Approved as to Form: tyi Harp, City Attorney Attest: Leilani Brown, City Clerk Page 2 of 2 Hours of Operation for City Facilities December 24, 2014, through January 1, 2015 July 22, 2014 Side Letter Agreement to the Memoranda of Understanding between the City of Newport Beach and the Newport Beach City Employees Association, the Newport Beach Employees League, the Newport Beach Firefighters Association (for non -safety employees), the Newport Beach Professional and Technical Employees Association, the Part Time Employees Association of Newport Beach, the Newport Beach Fire Management Association (for Administrative staff) as well as Unrepresented Employees In past years, the City and its employee associations have agreed to close City Hall during the winter holidays, between Christmas Eve and New Year's Day. The undersigned Associations and City have jointly agreed to close City Hall and other non -essential facilities and functions for Fiscal Year 2013/14. Beginning at noon on December 24, 2013 through January 1, 2014, City Hall and other off -site facilities will be closed to the public. City Hall and other off -site facilities will reopen on January 2, 2014. Facility closures shall be cost neutral to the City and will not result in additional paid days/hours off for employees. The City and the undersigned also agree that staff located at City Hall and other non -essential employees will only have the option to work during this period if specifically authorized or required to do so by the Department Director. Emergency Conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. For Regular full-time employees, the City Hall closure will result in a maximum of 3'/2 days that are required for employees to use flexible leave, vacation leave, administrative leave or compensatory time during the holiday closure (Thursday 12/26, Friday 12/27, Monday 12/30 and half day Tuesday 12/31). Employees on a 9/80 work schedule whose regular day off occurs during the closure will be required to use 21/4 days of flexible leave, vacation leave, administrative leave or compensatory time. 2. According to the City's Employee Policy Manual, an employee must be in paid status to receive holiday pay. Therefore, employees must either work or use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday to meet this requirement. 3. Employees who have completed their initial probationary period but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 4. All other provisions of the Employee Policy Manual or applicable Memoranda of Understanding will remain in full force and effect. This agreement will assist in lowering the City's paid leave liability and provide savings of utilities and other maintenance costs. This agreement shall not apply to public safety or essential functions that operate on a 24/7 basis regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Associations unaffected by the closure are not required to sign the agreement. Executed this 1 day of ((11) , 2013. Side Letter Agreement — Holiday Closure FY2013-14 Page 2 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: Newport each City Employees Association Newport Beach By: By: Teresa Craig, PresiAnt Newport Beach Firefighter's Association (for Non -safety employees) Employees League Chris Auger, President) The Newport Beach Professional & Technical Employees Association By:By:13 22 7, o7 ?,rni�,, / B Brian Mcdonougl ' resident ueno, President Key & Management Group (Unrepresented) Part Time Employees Association of 1 Sa(n , evin ( New • rt Beach Fire Management Association (for Administrative staff) By: Todd Knipp, President FOR THE CITY OF NEWPORT BEACH: By: Keith Curry[Mayor Appro,Ued as to Fo Aynron Harp, City Atto by Newport Beach By: Amy M'ajrfield, President Leilani Brown, City Clerk 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 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 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. Duration of Memorandum Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2012. This MOU shall remain in full force and effect 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 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. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of 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. 2 D, Scope 1. All present written rules and current established practices and employees' rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU. 2. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. 3. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non—exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001-50. Management Rights include, but are not limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) the establishment of standards of service; (c) to assign work to employees as deemed appropriate; (d) the direction and supervision of its employees; (e) the discipline of employees; (f) the power to relieve employees from duty for lack of work or other legitimate reasons; to maintain the efficiency of operations; (g) (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 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. 4 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 Eamers 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 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 5 (c) hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. 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. 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. 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 Duty 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. 6 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. C. 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. 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. Acting 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. 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 8 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. This assignment pay will cease once the employee is no longer performing the duties of the lead person at the Plan Check Counter. 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 62 hours beginning on Friday at 5:00 p.m. and concluding Monday at 7:00 a.m. for a total of 62 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: Years of Continuous Service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Effective the pay period accrue Flex leave at the above): Years of Continuous Service 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 Hrs Accrued per Annual Pay Period Days 5.54 6.15 6,77 7.69 8.31 8.92 9.54 18 20 22 25 27 29 31 Maximum Allowable Balance (hours) 432.12 479.7 528.06 599.82 648.18 695.76 744.12 including January 1, 2013, all unit members shall following rates (superseding the rates listed Hrs Accrued per Pay Period 6.00 6.61 7.23 8.15 8.77 Maximum Annual Allowable hours Balance (hours) 156.00 468.00 171.86 515.58 189.98 563.94 211.90 635.70 228.02 684.06 20 but less than 25 9,38 25 and over 243.88 731.64 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. 10 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. 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 Service Accrual per Pay Period/Hrs 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31 st of the following year. 11 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. 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. 12 3. Sick Leave Conversion Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. D. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating 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 1st - 1 day For 2012 only, the % day Christmas Eve and 14 day New Year's Eve holidays will be considered full 8-hour holidays. Effective the pay period including January 1, 2013 holidays will be paid based on the employee's regular work day schedule. For example, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is regularly scheduled to work 9 hours, the employee is entitled to receive 9 hours of holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on a day that the employee is 13 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). 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. 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. 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 14 City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. In addition to the contribution amounts listed below, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance for employees enrolled in a CaIPERS medical plan, per Government Code Section 22892. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. 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 Ca/PERS 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 15 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. 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. 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 conceming taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. B. Additional Insurance Programs 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. 16 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,0001month 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 Retirement Formula 17 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. Tier 2: For employees first hired by the City between November 24 and December 31, 2012, or hired on or after January 1, 2013 and are current members of the retirement system, as defined in Public Employees Pension Reform Act, the retirement formula shall be 2% @ 60 calculated on the average 36 highest month's salary. Tier 3: For employees first hired by the City on or after January 1, 2013, and who do not meet the Tier 2 criteria, the retirement formula shall be 2%@62 calculated on the average 36 highest month's salary. 2. Employee Contributions The Association has agreed to share in the rising cost of pension obligations. Under the terms of this 2012-15 MOU, unit members will contribute additional amounts toward the PERS retirement benefit, to the extent permissible by law. Should any provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions. At the conclusion of this contract employees in each Tier will contribute 12.35% of pensionable pay toward the retirement benefit, representing a nearly 50% share in the total cost. Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be calculated on base pay, special pays, and other pays normally reported as "PERSable" compensation, and will be made on a pre-tax basis through payroll deduction, to the extent allowable by the government tax code. It is recognized that these payments will not be reported to PERS as contributions toward either the member or employer rate and fall outside the scope of "cost -sharing", as provided under GC Section 20516(0. Tier 1 Employees: Effective upon MOU adoption, 1) Employees will continue to contribute 5.58% toward the Member Contribution and 2.42% toward the Employer Contribution for a total of 8%, as provided in prior agreement, and 2) the City will eliminate reporting 18 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 Govemment 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(t), for a total of 9.45%, Effective the pay period including June 30, 2014, Tier 2 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs; effective the pay period including June 30, 2015, Tier 2 employees shall contribute an additional 1.45% of pensionable pay toward retirement costs, for a total employee contribution of 12.35%. Tier 3 Employees: The minimum statutory employee contribution for employees in Tier 3 is subject to the provisions of the Public Employees Pension Reform Act of 2012 (PEPRA) and equals 50% of the "total normal cost". For FY12-13, the employee rate is 6.25% and is subject to change based on annual PERS actuarial valuations. Effective the pay period including June 30, 2013, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall contribute an additional 3.20% of base pay toward retirement pursuant to Government Code Section 20516(0, for a total of 9.45%. If the FY13-14 member contribution rate for employees in Tier 3 is greater or less than 6.25%, as determined by PERS valuation, the additional contribution made by the employee under 20516(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 19 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 10.9%. Effective the pay period including June 30, 2015, in addition to the statutorily required 50% contribution of total normal costs, Tier 3 employees shall contribute an additional 6.10% of pensionable pay toward retirement. If the FY15-16 member contribution rate for employees in Tier 3 is greater or less than 6.25%, as determined by PERS valuation, the additional contribution made by the employee under 20516(0 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. 20 The Association agrees with the procedural change, and acknowledges that members who leave City employment prior to vesting in the LIUNA pension plan will still have no right to return of amounts contributed, or other recourse against the City concerning LIUNA. The Association and LIUNA agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. As of date of adoption of this MOU, pursuant to Govemment Code 7518.22(c) under the 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") 21 a. For employees in Category 1, the program is structured as follows: Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 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%) FlexNacation 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 22 must be the same for all employees within the Association. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the RHS Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes), Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue 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 23 time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation. Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: 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 24 Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800 per year, accruing at the rate of $400 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. 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. 25 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 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/Workinq 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 "Layoffs" or "Laid Off' shall mean the non -disciplinary termination or employment. 26 "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). "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: 27 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. 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 28 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 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. 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 29 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. 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. 30 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. Probation Probationary Period Newly hired employees shall serve a twelve (12) month probationary period. The probationary period for promoted employees shall be six (6) months. Newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. Failure of Probation (a) New Probation An employee on new probation may be released at the sole discretion of the City at any time without right of appeal or hearing, except as provided in (c), below. (b) Promotional Probation An employee on promotional probation may be failed at any time without right of appeal or hearing, except as provided in (c), below, and except that failing an employee on promotional probation must not be arbitrary, capricious or unreasonable. 31 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. (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. 32 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 for construction sites. The Department Head or designee may approve exceptions to wearing uniforms. 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. 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. 33 Executed this c7,9' day of 2013. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: F rn Nueno. Pres ident By: Mike Wojciechowski, Ret)esentative CITY OF NEWPORT BEACH By: Keith Cuf'ry, Mayor ATTEST: By: Leilani Brow , City Clerk OVD PAS TO FORM: Aaron Harp, City Attorney 34 EXHIBIT A Professional and Technical Employees Association Represented Classifications Accountant Accountant, Senior Building Inspector I Building Inspector II 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 111 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 I 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 36 Exhibit B Professional and Technical Employees Association Eligible Certificates for the period July 1, 2012 through June 30, 2015 Certificate Eligible Positions % of Pay Monthly $ Amt (as of 1/1/14) City Manager's Office -- Information Technology (IT) Geographic Information System Professional (GISP) GIS Analyst GIS Technician 1.0% $75 $75 CCENT (Cisco Certified Entry Networking Technician) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $85 CCNA certification (Cisco Certified Network Associate) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $85 CCNP (Cisco Certified Network Professional) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 2.0% $85 Microsoft Certified Technology Specialist (MCTS) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $75 Microsoft Certified IT Professional (MCITP) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $85 Microsoft Certified Professional Developer (MCPD) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $75 Microsoft Certified Systems Administrators (MCSAs) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $85 Microsoft Certified Systems Engineers (MCSEs) IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $75 Microsoft Certified Professional (MCP)** IT Operations Supervisor IT Specialist, Sr. IT Specialist I/II/III Info Sys Coordinator Library Info Systms Administrator 1.0% $75 Final 1.24.13 Exhibit B Professional and Technical Employees Association Eligible Certificates for the period July 1, 2012 through June 30, 2015 Certificate Eligible Positions % of Pay Monthly $ Amt (as of 1/1/14) CompTIA A+ IT Operations Supervisor IT Specialist, Sr. IT Specialist I/11/111 Info Sys Coordinator Library Info Systms Administrator 1.0% $75 Virtual Infrastructure Professional (VIP) or VMWare Certified Professional (VCP) IT Operations Supervisor IT Specialist, Sr., IT Specialist 1/11/III Info Sys Coordinator Library Info Systms Administrator 1.0% $75 Land Surveyor in Training (LSIT)** or Fundamental of Surveying (FS)** GIS Analyst 1.0% $75 Municipal Operations Department Certified Arborist Certified Comm'I Pesticide Applicator Urban Forester Urban Forester 1.0% 1.0% $75 $65 Public Works Traffic Engineer Junior Engineer Associate Civil Engineer Associate Engineer Senior Engineer (rev 2/29/08) 1.0% $85 IMSA (International Municipal Signal Association) Levels II & III Traffic Engineering Technician 1.0% $75 Prestressed Concrete Special Inspector** PW Inspector' & II, Sr PW Inspector, Construction Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector 1.0% $75 Structural Masonry Special Inspector** PW Inspector 1 & II, Sr PW Inspector, Construction Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector 1.0% $75 Reinforced Concrete Special Inspector** PW Inspector I & II, Sr PW Inspector, Construction Inspection Supv., Principal Building Inspector, Senior Building Inspector, Building Inspector 1.0% $75 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 Interrog Techniques (BATI) ** CWQ Enfrc Officer, Sr CWQ Enfrc Offcr 0.5% $45 Community Development Department (Planning) American Institute of Certified Planners (AICP)** Planner, Sr. Planner, Associate Planner, Assistant Planning Technician 2.0% $85 AICP Exam Fee Planner, Sr. Planner, Associate Planner, Assistant Planning Technician One time payment for Exam Fee up to $425; refundable if APA application is rejected Final 1.24.13 Exhibit B Professional and Technical Employees Association Eligible Certificates for the period July 1, 2012 through June 30, 2015 Certificate Eligible Positions % of Pay Monthly $ Amt (as of 1/1/14) Community Development Department & Public Works ICC Permit Technician All represented Prof Tech Positions from the Building 1.0% $70 ICC or California Residential Building Inspector Division, Code Enforcement, and Public Works 1.0% $75 Department, not specifically covered in MOU ICC or California Residential Electrical Inspector 1.0% $75 ICC or California Residential Plumbing Inspector 1.0% $75 ICC or California Residential Mechanical 1.0% $75 Inspector ICC or California Commercial Building Inspector 1.0% $75 ICC or California Commercial Electrical 1.0% $75 ICC or California Commercial Plumbing 1.0% $75 ICC or California Commercial Mechanical 1.0% $75 Inspector 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 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 Planner, Assistant Planner 2.0% $85 ** 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. Final 1.24.13 Side Letter to the Memoranda of Understanding between the City of Newport Beach and Several Newport Beach Employee Associations as well as Unrepresented Employees Since 2009 the City and its employee associations agreed upon the closure of the City Hall complex during the Christmas and New Year's Holiday period. The Newport Beach employee associations and the unrepresented group listed below acknowledge the need for the City to reduce expenditures and the City's leave accrual liability. The undersigned Associations and City jointly agree to close the City Hall complex and other non- essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2011 through January 2, 2012). Facility closures shall be cost neutral to the City and will not result in additional paid days/hours off. The City and the undersigned also agree that staff located at the City Hall complex and other non -essential employees will not have the option to work during this period, unless specifically requested by Department Directors and exclusively authorized by the City Manager or designee. Emergency Conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. Both Christmas Eve and New Year's Eve fall on a Saturday in 2011. Per applicable Memoranda of Understanding, the City provides half -day holidays (4 hours each) for Christmas Eve and New Year's Eve, which would otherwise be observed on December 23 and December 30 respectively. Under this agreement only, the two half -day holidays will be combined into one paid 8-hour holiday and observed on Friday, December 30. In conjunction, the City Hall complex will be open a full day on Friday, December 23, 2011. 2. Christmas Day and New Year's Day fall on a Sunday in 2011. As provided for in the current Memoranda of Understanding, the holiday will be observed the following Monday. Christmas Day will be observed on December 26, 2011 and New Year's Day will be observed on January 2, 2012. This results in only 3 full days (12/27, 12/28, and 12/29) that are required for employees to use Flex Leave during holiday closure. This is a one-time exception of the existing designated holiday schedule outlined in the current Memoranda of Understanding for each Association. 3. According to the City's Employee Policy Manual, an employee must be in paid status in order to receive holiday pay. Therefore, employees must either work or use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday in order to meet this requirement. The only day employees would be eligible to take leave w/out pay and still receive holiday pay would be Wednesday, December 28. 4. Employees who have completed their initial probationary period but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 5. Employees on a flexible schedule whose regularly scheduled day off is Friday, December 30, will take their regularly scheduled day off and bank the 8 hours of holiday pay to their Comp or Flex Leave Bank. Side Letter Agreement — Holiday Closure FY2011-12 Page 2 This agreement will help lower the liability on the City's books for leave balances and provide savings of utilities and other maintenance costs for fiscal year 2011-2012. This agreement shall not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Any questions or requests for information shall be addressed to the Human Resources Department. /1 Executed this ,.i day of Aut_ I/(.St 2011. NEWPORT BEACH EMPLOYEE ASSOCIATIONS: City Employees' Association By: c Teresa Craig, President CI Firefighter's Association By: -6 0 7civ Brian McDonou 1 President Fire Management Association By: (3— Charles Duncan, President Key & Management Employees By: Mike Pisani Police Management Association By: Steve Rasmussen, President Approved Davis ¶TW City Attorney Newport Beach Employees' League By: Chris Auger, Preside Lifeguard Mana ement Association By: cWinfi Brent Jacob n, President Profess onal § Technical Employees' Assoc. By: i, President mAY6t rSbo tS Police Association By: A`Lca ,,;( David Syvoc , Pr ident FOR THE CITY OF NEWPORT BEACH: By: Ct.� Da iff, City Manager Leilani Brown, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION July 1, 2010 through June 30, 2012 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 UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 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, 2010 through June 30, 2012. 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 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 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. 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, 2010. This MOU shall remain in full force and effect until June 30, 2012, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, 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 120 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. 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 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. 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 3 be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. 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 January 1, 2012 salaries will be increased by an amount equal to the increase in the Consumer Price Index (CPI) Los Angeles/Orange County Urban Wage Earners Index for the 12 month commencing period of November 2010 with a minimum 1.5% increase and a maximum 3% increase. B. Normal Overtime 1. Definitions (a) Miscellaneous Employee - An employee designated as a Miscellaneous member of the Public Employees Retirement System (PERS). (b) 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 4 (c) 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. 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. Compensation Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including Holiday(s) For the purpose of calculating overtime, holidays occurring during the regular work week will count as time worked. The floating holiday is excluded from this provision. C. Call -Back Duty 1. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on 5 payroll forms will be prescribed by the Administrative Services Director. 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. 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°/0) percent of base pay per month. G. Certificate Pay The City and Association have developed, through a separate agreement, a certificate pay program for non -required job related certificates beneficial to City operations. Payment for any single additional certificate(s) do not exceed two percent (2%) with a total five percent (5%) maximum. Court Time 6 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. I. Acting 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-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director with the concurrence of the Human Resources Director. 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. This assignment pay will cease once the employee is no longer performing the duties of the lead person at the Plan Check Counter. SECTION 3 - Leaves A. Flex Leave Members shall accrue Flex leave at the following rates: Years of Continuous Hrs Accrued per Service Pay Period 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 5.54 6.15 6.77 7.69 8.31 8.92 9.54 Annual Days Maximum Allowable Balance (hours) 18 432.12 20 479.7 22 528.06 25 599.82 27 648.18 29 695.76 31 744.12 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment, six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six (6) months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employee's final check. Any flex leave time advanced during the first six (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 may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi-weekly accrual rate. Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash (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 8 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. 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. 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 Service Accrual per Pay Period/Hrs 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 9 3.38 3.99 4.61 5.22 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 31 st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 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 10 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 employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. D. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating 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 New Year's Eve New Year's Day Washington's Birthday Memorial Day 11 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 Martin Luther King Day 3rd Monday in January Floating Holiday July 1st - 1 day Pursuant to a separate agreement, for 2010 only, the % day Christmas Eve and Y day New Year's Eve holidays will be combined to make one full holiday to be observed on December 30, 2010. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. 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 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, wife, husband, child, grandparents and the Employee's spouse'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. SECTION 4. — Fringe Benefits A. Insurance 1. Benefits Information Committee 12 City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $1049. In addition, the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach Professional and Technical Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment period. Effective the pay period beginning January 1, 2011, the City's contribution towards the Cafeteria Plan will increase to $1149 (plus the minimum CaIPERS participating employer's contribution). Effective the pay period including January 1, 2012, the City's contribution towards the Cafeteria Plan will increase to $1249 (plus the minimum CaIPERS participating employer's contribution). 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. 13 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. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. 14 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 Benefit The City contracts with PERS to provide retirement benefits for its employees. For employees in the current retirement tier, the retirement formula is the 2.5% @ 55, calculated on the basis of the best/highest year with the City reporting the value of the Employer Paid Member Contribution (EPMC). In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment, and the pre -retirement option settlement 2 death benefit (Section 21548). Current retirement tier employees will pay an increased contribution toward the Member Contribution as follows: 1.5% January 1, 2011, 1.5% July 2, 2011, and 1.58% the pay period that includes January 1, 2012. 2. The City will implement the 2% @ 60 retirement program with the average of the 36 highest paid consecutive months for newly hired employees upon the conclusion of negotiations with all affected employee organizations. In addition these employees will pay the full 7% Member Contribution for the entire term of their employment. 15 3. Separate Agreement In addition to the amounts set forth in D.1 above, pursuant to a separate agreement unit members in the current retirement tier will continue to pay 3.42% toward the employee contribution (representing the entire 8% employee statutory contribution). 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 UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program 16 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) Medical Expense Reimbursement Program Plan (MERP). a. For employees in Category 1, the program is structured as follows: Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1 % of Salary. Part B contributions (employer contributions): $1.50 per month for each year of service plus year of age (updated every January 1st 17 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°/0 of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) FlexNacation/Comp and 0% Sick Leave. This amount may be changed, on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the MERP Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "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 18 vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the MERP Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full- time employee, participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's MERP account at the time of separation. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the MERP accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the 19 employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual MERP accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their MERP accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800per 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. 20 Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the MERP account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. For employees (retirees) in Category 4, the structure is very similar to the previous retiree medical program, except that there is no cost share requirement and the $400 City contribution after retirement can be used for any IRS authorized purpose, not lust City insurance premiums. Effective July 1, 2006, a MERP account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). G. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Maximum tuition reimbursement for employees shall be $1,400 per fiscal year. Reimbursement is contingent upon the successful completion of the 21 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 approval. 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. 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 22 ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 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, 23 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. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. 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 24 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. 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. 25 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. 26 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. (c) Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, may submit 27 a grievance within ten (10) days after receipt of the Notice of Failure of Probation. Salary on Reclassification The City will amend its Employee Policy Manual to provide for a minimum salary increase of five (5%) percent upon reclassification (not to exceed the maximum of the new salary range). 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. 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. Signatures are on the next page. 28 Executed this (`2iay of Dz(',un' /` , 2010. NEWPORT BEACH PROFESSIONAL AND EMPLOYEES ASSt+'CIATION CITY OF NEWPORT BEACH By: Marcus Puglisi, President / / Mike Wojciechowski, Representative Paul Bechely, Negotia?on Team Mayor ATTEST: By: tAi City Clerk APPROVED AS TO FORM: David Hunt, City Attorney 29 TECHNICAL EXHIBIT A Professional and Technical Classes Accountant Accountant, Senior Building Inspector I Building Inspector II Building Inspector, Principal Building Inspector, Senior Buyer, Senior Civil Engineer Civil Engineer, Associate Civil Engineer, Junior Civil Engineer, Sr. City Surveyor Code & Water Quality Enforcement Officer Code & Water Quality Enforcement Officer, Senior Code & Water Quality Enforcement Trainee Community Education Coordinator Community Preparedness Coordinator Construction Inspection Supervisor Economic Development Administrator Economic Development Coordinator Emergency Services Assistant Emergency Services Coordinator EMP Plans Examiner Engineering Technician Engineering Technician, Senior Fire Information Systems Coordinator GIS Analyst GIS Coordinator GIS Technician Harbor Resources Supervisor Harbor Resources Technician I Harbor Resources Technician II Information Technology Applications Analyst Information Technology Applications Analyst, Senior Information Technology Applications Supervisor Information Technology Operations Supervisor Information Technology Specialist Information Technology Specialist, Senior Information Technology Fiscal Technician Library Information Systems Administrator Management Assistant Marine Protection and Education Supervisor 30 Permit Counter Supervisor Permit Technician Permit Technician, Trainee Planning Systems Administrator Planning Technician Planner, Assistant Planner, Associate Planner, Senior Public Works Inspector I Public Works Inspector II Public Works Inspector, Senior Purchasing Agent Residential Building Records Inspector Revenue Auditor Survey Instrument Worker Telecommunications Specialist Traffic Engineering Technician Traffic Engineering Technician, Senior Urban Forester Utilities Safety Officer Water Conservation Coordinator 31 EXHIBIT A Side Letter to the Memoranda of Understanding between the City of Newport Beach and the Several Newport Beach Employee Associations and Unrepresented Employee Group In 2009, the City and its Employee Associations agreed upon the closure of the Civic Center complex during the Christmas and New Year's Holiday period. To support the City's ongoing efforts to meet its fiscal, managerial and operational goals, the Newport Beach Employee Associations and Unrepresented Group representatives listed below acknowledge the need for the City to reduce expenditures and the City's liability during Fiscal Year 2010-2011. The undersigned Associations and the City jointly agree to the closure of the Civic Center complex and other non -essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2010 through December 31, 2010). Facility shutdowns, including the Civic Center complex, shall be cost neutral to the City and will not result in additional paid days/hours off. The City and the undersigned also agree that the Civic Center complex and other non -essential employees will not have the option to work during this period, unless specifically requested by Department Directors and exclusively authorized by the City Manager, or designee. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. Due to the holidays of Christmas and New Year's Day falling on Saturday, employees will work a full day on Thursday, December 23 and roll the designated 1/2 paid holiday from December 23 to Thursday, December 30, in order to make one complete paid holiday (8 hours). This results in only 3 full days (12/27, 12/28, and 12/29) that are required for employees to take off during the holiday closure. This is a one-time exception of the existing designated holiday schedule outlined in the current Memoranda of Understanding for each Association. 2. According to the City's Employee Policy Manual, an employee must be in paid status in order to receive holiday pay. Therefore, employees must use flexible leave, vacation leave, administrative leave or compensatory time the day before and the day after the holiday in order to meet this requirement. The only day employees will be eligible to take leave without pay and still receive holiday pay will be Tuesday, December 28. 3. Employees who have completed their initial probationary period, but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 4. Employees on a flexible schedule whose regularly scheduled day off falls between December 24, 2010 and December 31, 2010 will take their regularly scheduled day off. Employees in this category will only be required to take flexible leave, vacation leave, administrative leave or compensatory time for the alternate day they are scheduled to work. This agreement will help lower the liability on the City's books for leave balances and will provide for some savings in utilities and other maintenance costs for Fiscal Year 2010-2011. This agreement shall not apply to Public Safety personnel or essential functions that operate on a 24/7 basis, regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Any questions or requests for information shall be addressed to the Human Resources Department. Signatures are on the next page. Executed this day of , 2010 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: CITY EMPLOYEES By: Teresa Craig, Preside FIREFIGHTERS ASSOCIATION Brian McOonougfg, President FIRE MANAGEMENT By: Charles Duncan, Vice - President KEY & MANAGEMENT EMPLOYEES By: (f ik_Aft -- Mike Pisani POLICE MANAG MENT By: Mark a ilt• n, President CITY OF NEWPORT BEACH By: CL f Div, Kiff, City Manager LEAGUE EMPLOYEES By: tirn-Morrell, resident LIFEGUARD MANAGE ENT By: Brent Jacobsen, "resident PROFESSIONAL AND TECHNICAL By: • Russell Bunim, resident POLICE By: David Syvock, Pre dent APPROVED AS TO FORM: OFFI THE CITY ATTORNEY By: David R. Hunt, City Atto ney Attest CityClerk EXHIBIT A Side Letter to the Memoranda of Understanding between the City of Newport Beach and the Several Newport Beach Employees Associations as well as Unrepresented Employee Groups In the spirit of unity and to support the City's ongoing efforts to meet its fiscal, managerial, and operational goals, the Newport Beach Employees Associations and Unrepresented Group representatives listed below acknowledge the need for the City to reduce expenditures and the City's liability during the Fiscal Year 2009-2010. The City has shared its budget challenges in an open manner and is hopeful that the resolution to the problem will be a collaborative effort. To that end, the undersigned Associations and the City jointly agree to the closure, of City Hall and other non -essential facilities and functions between the Christmas and New Year's Holiday period (December 24, 2009 at 12:00 noon through and including January 1, 2010). Facility shutdowns, including City Hall, shall be cost neutral to the City and will not result in additional paid days/hours off. The City and the undersigned also agree that City Hall and other non -essential employees will not be given the option to work during this period, unless specifically requested by Department Directors and authorized by the City Manager. Emergency conditions requiring the activation of the Emergency Operations Center shall render this agreement invalid. The following guidelines will be applied to the closure: 1. Employees will be required to take flexible leave, vacation leave, administrative leave or compensatory time for the hours that they are scheduled to work from December 26, 2 009 through December 31, 2009. Scheduled paid holidays designated in existing Memoranda of Understanding (MOU) and authorized for unrepresented employee groups will not be affected. 2. Employees in their initial probationary period may choose to be advanced the leave time from their flexible leave bank for each day they are scheduled to work. 3. Employees who have completed their initial probationary period but do not have any accrued flexible leave, vacation leave, administrative leave or compensatory time will be required to take leave without pay. 4. Employees on a flexible schedule whose regularly scheduled day off falls between December 25, 2009 and January 1, 2010 would take their regularly scheduled day off. Employees in this category would only be required to take flexible leave, vacation leave, administrative leave or compensatory time for the alternate day they are scheduled to work. The goal of this current furlough is to lower the' liability on the books for leaves taken, result in savings of utilities and other maintenance costs for fiscal year 2009/2010. This agreement shall not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented employee groups. Signatures are on the next page. Executed this day of , 2009 NEWPORT BEACH EMPLOYEE ASSOCIATIONS: CITY EMPLOYEES ,, By: Teresa Craig, Presi FIREFIGHTERS ASSOCIATION 7 (Io By: 6�A .� Chad Ponegalek, President FIRE9ct NAGEMENNTTZ1�I(1 By: l' Dave Mais, President KEY & MANAGEMENT EMPLOYEES 1Ai By: Susan Giangrande or Mike Pisani CITY OF NEWPORT BEACH: By: 0 tDaOe.Kiff, City Mani LEAGU711 P By: f A Dusurnside, President LIFEGUARD MANAGEMENT ?c": By: rent Jabsen, President PROFESSIONAL AND TECHNICAL 2s,sj Michael Wojciechowski, President POLICE EMPLOYEES /A LT By: David Syvock,'Prasident POLICE MANAGEMENT Z 2- By: om Gazsi, President c-0:7351 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE PROFESSIONAL AND TECHNICIAN ASSOCIATION 1. This Supplemental Memorandum of Understanding (MOU) sets forth the agreement between the City of Newport Beach (City) and Professional and Technical Association (Association) for the implementation of the California Public Employees Retirement System 2.5% @ 55 retirement formula. The City and Association agree as follows: 2. The 2.5% @ 55 retirement program will be implemented on January 1, 2008. Plan options will remain unchanged. 3. Concurrently, the entire 3.42% cost of the plan change (2.42% employer and 1% employee) will be added to the employee's rate pursuant to California Retirement Code Section 20516. This will bring the total employee contribution to 10.42%. The City will continue to pay 7% towards the employee share. Employees will pay the balance on a pre-tax basis pursuant to IRS Code Section 414(h)(2). 4. Implementation of this agreement requires the affirmative vote of a majority of the City's Miscellaneous Retirement Plan Members. If this does not occur, the City and Association will reopen negotiations on retirement issues only. 5. All other matters within the scope of representation are covered in the Memorandum of Understanding between the City and Association dated July 1, 2007 through June 30, 2010 and successor Memoranda. 6. Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect. The City and Association will meet and confer on those portions of the MOU found invalid. 7. The term of this Supplemental MOU will be for 10 years, from July 1, 2007 through June 30, 2017. Neither party shall attempt to amend the provisions contained herein during this 10-year term. Signatures are on the next page. Executed this 01 day of ��°1Df-Pil1 Cr ,2007 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: 22'2, / a_} Mike Wojciechowski, Psident By: Paul Bechely, Negotiation Team CITY OF AIEWPORT BEACH By: '~� --e Mayor ATTEST: By ; (� /2-) City Clerk APPROVED AS TO FORM: (4),0 City Attorney 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 "MOW) 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 UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. 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, 2007 through June 30, 2010. 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 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-Milias-Brown Act of the State of Califomia and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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. 1 B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2007. This MOU shall remain in full force and effect until June 30, 2010, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, 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 120 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. 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 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. 7173. 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. 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 3 party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. 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 beginning June 23, 2007, salaries shall be increased by 2%. Effective the pay period beginning December 22, 2007, salaries shall be increased by 2.5%. Effective the pay period beginning June 21, 2008, salaries shall be increased by 2.5%. Effective the pay period beginning June 20, 2009, salaries shall be increased by 4%. 4 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 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. (c) Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. (d) Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. 2. Compensation Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including 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 Duty 1. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been 5 completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 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. 6 G. Urban Forester Employees in the class of Urban Forester who maintain an arborist and applicator certificate shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in January of each year. H. City Archaeologist Employees who meet the City's minimum qualifications for City Archaeologist shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in July of each year. Minimum qualifications for this pay are as follows: (a) Bachelor's or graduate degree in anthropology, archaeology, history or a related field, with specialized training in archaeology; (b) Three years of field experience on archaeology sites and/or field related work in archaeology; and (c) Listing in the Certified Archaeologists Register maintained by Orange County or Registered Professional Archaeologist listing by RPA. I. Certificate Pav Individuals in the classifications of Building Inspector (1,11, Senior and Principal), Construction Inspection Supervisor and Residential Building Records Inspector shall be eligible for Certificate Pay of 1% per certification, to a maximum of 5%. The following ICC and other certifications shall be eligible, if kept current by the employee: Certified Building Inspector Combination Dwelling Inspector Certified Electrical Inspector Certified Plumbing Inspector Certified Mechanical Inspector Certified Plans Examiner Certified Accessibility/Usability Specialist Individuals in the classification of Public Works Inspector and Senior Public works Inspector shall be eligible for Certificate Pay of 1% per certification, to a maximum of 5%. The following ICC and other certifications shall be eligible, if kept current by the employee: Certified Building Inspector Certified Electrical Inspector Certified Plumbing Inspector Certified Mechanical Inspector Reinforced Concrete Special Inspector Structural Masonry Special Inspector Pre -stressed Concrete Special Inspector Structural Steel & Welding Special Inspector Certificate of Construction Inspection for Traffic Signals and Highway Lighting PADI Certified Open Water Scuba Diver No later than sixty (60) days following the ratification of this Memorandum of Understanding, the City and Association will meet to develop an expanded certificate pay program for non -required job related certificates beneficial to City operations. Payment for any single additional certificate(s) will not exceed two percent (2%). The overall five percent (5%) maximum will remain unchanged. J. 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. K. Acting 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. L. Bi-lingual Pay Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bi-lingual pay. The certification process will confirm that the employee is fluent at the street conversational level in speaking, reading and/or writing Spanish. 8 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. M. Assignment Pav 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. 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. This assignment pay will cease once the employee is no longer performing the duties of the lead person at the Plan Check Counter. SECTION 3 - Leaves A. Flex Leave Members shall accrue Flex leave at the following rates: Years of Continuous Accrual per Annual Service Pav Period/Hrs Days 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment, six (6) months of accrued flex leave will be placed in the 9 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 City will subtract the pay equivalent of the number of flex leave days advanced from the employee's final check. Any flex leave time advanced during the first six (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 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 eamed 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. 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. 10 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 Tess than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 2. Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31 st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued. 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 employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. D. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating 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 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 1st - 1 day In 2007 only, Christmas Eve and New Year's Eve will be observed as full day holidays. 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. 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. 13 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, wife, husband, child, grandparents and the Employee's spouse'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. 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 receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $774. In addition, 14 the City shall contribute the minimum CaIPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach Professional and Technical Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment period. Effective the pay period beginning December 22, 2007, the City's contribution towards the Cafeteria Plan will increase to $874 (plus the minimum CaIPERS participating employer's contribution). Effective the pay period beginning December 20, 2008, the City's contribution towards the Cafeteria Plan will increase to $974 (plus the minimum CaIPERS participating employer's contribution). Effective the pay period beginning December 19, 2009, the City's contribution towards the Cafeteria Plan will increase to $1,049 (plus the minimum CaIPERS participating employer's contribution). 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. 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. 15 B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. An Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the Section 125 Plan out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. 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. 16 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. Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment, and the pre -retirement option settlement 2 death benefit (Section 21548). 2. Separate MOU Pursuant to a separate MOU between the City and Association the City will implement the 2.5%@55 retirement formula, effective January 1, 2008. E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. 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 17 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 conceming LIUNA. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Medical Benefit 1. Background In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new `defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories. The categories are as follows: a. Category 1 - Employees newly hired after January 1, 2006. b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2006 was less than 50 (46 for public safety employees). c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees) as of January 1, 2006. d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program. 2. Program Structure This is an Integral Part Trust (IPT) Medical Expense Reimbursement Program Plan (MERP). 18 a. For employees in Category 1, the program is structured as follows: Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Eamings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. Part A contributions (mandatory employee contributions): 1% of Salary. Part B contributions (employer contributions): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 315t of the prior year). Effective January 2008, this contribution will increase to $2.50 per month. Part C contributions (leave settlement as determined by Association): The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non -safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout. The Association has decided to participate in Part C contributions at the level of zero percent (0%) flex and sick leave. This amount may be changed, on a go forward basis, as part of a future meet and 19 confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non -safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees. Spillover pay is not eligible for Part C contributions. Nothing in this section restricts taking leave for time off purposes. Sick leave balances may also be included in the MERP Part C contributions, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule, which specifies the amount of sick leave that can be 'bashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made bi- weekly. Part C deposits, if any, will be made at the time of employment separation. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the MERP Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full- time employee, participating in the program, who leaves the City due 20 to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's MERP account at the time of separation. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the MERP accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP Employee Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CaIPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. b. For employees in Category 2, the program is the same as for those in Category 1 with the following exception: In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual MERP accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City 21 and at the time of retirement. No interest will be eamed in the interim. Employees in Category 2 who had less than five years service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006 when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception: For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their MERP accounts after they retire from the City, to continue as long as the employee or spouse is still living. Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800per 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. Employees in this category will also receive an additional one-time City contribution of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the MERP account at the time of retirement, and only if the employee retires from the City. No interest will be eamed 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 iust City insurance premiums. Effective July 1, 2006, a MERP account has been opened for each retiree in this category, and the City will contribute $400 per month to each account as long as the retiree or spouse remains living. 3. Administration Vendors have been selected by the City to administer the program. The contract expense for program -wide administration by the vendor will be paid 22 by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee, or its successor committee, will have the authority to determine investment options that will be available through the plan. 4. Value of Benefit For all purposes, including compensation comparisons, the Retiree Medical Program shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). G. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Maximum tuition reimbursement for employees shall be $1,400 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. SECTION 5. - MiscellaneouslWorkino 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. 23 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: 24 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 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 25 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. B. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. C. 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully. 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 NO. 7173), 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. Grievances not presented within the time period shall be considered resolved. 26 The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 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 altemative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human 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 27 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. If the employee's former class has been deleted or abolished, the employee shall have the right to retum to a 28 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. I. Direct Deposit All employees shall participate in the payroll direct deposit system. J. 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. Signatures are on the next page. 29 Executed this day of cfectie rrder.-- ,2007 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: By: CITY .4 W'Plkls-EACH l��Zii1► By: Mayor APPROVED AS TO FORM: • Mike Wojciechowski, Presid t Pau Bechely, egotiation Tam 30 EXHIBIT A Professional and Technical Classes Accountant Accountant, Senior Building Inspector I Building Inspector II Building Inspector, Senior Building Inspector, Principal Buyer, Senior Civil Engineer Civil Engineer, Associate Civil Engineer, Sr. Junior Civil Engineer City Surveyor Code & Water Quality Enforcement Officer Code & Water Quality Enforcement Trainee Community Watch Volunteer Coordinator/Marine Refuse Supervisor Construction Inspection Supervisor Emergency Services Assistant Engineering Technician Engineering Technician, Senior Fire Information Systems Coordinator GIS Analyst GIS Coordinator GIS Technician Harbor Resources Supervisor Harbor Resources Technician I Harbor Resources Technician II Information Technology Applications Analyst Information Technology Applications Analyst, Senior Information Technology Applications Coordinator Information Technology Operations Coordinator Information Technology Specialist Information Technology Specialist, Senior Information Technology Technician Library Information Systems Coordinator Management Assistant Permit Technician Permit Technician, Trainee Permit Counter Supervisor Planning Technician Planner, Assistant Planner, Associate Planner, Senior 31 Public Works Inspector I Public Works Inspector II Public Works Inspector, Senior Residential Building Records Inspector Revenue Auditor Subtrade Plans Examiner Survey Instrument Worker Telecom/Network Coordinator Telecom Specialist Traffic Engineering Technician Urban Forester Water Conservation Coordinator 32 3 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This Supplemental Memorandum of Understanding (SMOU) modifies the Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association for the term commencing July 1, 2005 and concluding June 30, 2007, and the SMOU between the parties executed December 13, 2005. SECTION 2 — Retiree Health Benefits is amended to read as follows 2. Effective December 24, 2005 iii. Part C contributions (leave settlement as determined by Association): The Association has determined that the level of contribution for all employees it represents will be 0% of sick and flex leave. Any future changes are subject to the following constraints. All employees within the Association must participate at the same level. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. The computation of the cash equivalent for leave hours to be included in the MERP will be the same as the computation used when leave is "cashed out" for other reasons. However, individual employees must not have the option of receiving compensation for the value of the same leave hours in the form of cash. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City would have the cash equivalent of 50% of whatever balance is in his or her leave account added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Again, individual employees would not have the option to deviate from this breakout. If the Association decides to participate in Part C contributions, at any level, this same level of participation is mandatory for any conversion of leave to cash by its members, with the exception of "spillover" amounts above the maximum accumulation balance. No such spillover payments will be included in Part C contributions. Use of leave for time off purposes is not constrained by this prohibition. • • Sick leave balances may also be included in the MERP, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. All other provisions of the MOU and SMOU executed December 13, 2005 remain in effect. Executed this 07594 day of CITY O NEWP By: Mayor ATTEST: City Clerk , 2007. NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: BEACH APPROVED AS TO FORM: 2 • i SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This Supplemental Memorandum of Understanding (SMOU) modifies the Memorandum of Understanding (MOU) between the City of Newport Beach (City) and the Newport Beach Professional and Technical Employees Association (Association) for the term commencing July 1, 2005 and concluding June 30, 2007. SECTION 1. - COMPENSATION A. The following language shall be added to Section 2.A — Salary: Effective the pay period beginning December 24, 2005 (concurrent with the implementation of the revised retiree medical benefit as set forth in Section 2, below), salaries shall be increased by 1%. B. The City and Association have agreed on compensation for employees who serve in the capacity of Zoning Administrator. Subsection L, reading as follows, is added to Section 2. — Compensation. L. Zoning Administrator An employee appointed by the Planning Director to 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. This assignment pay is temporary and will cease once the employee is no longer performing the duties of the Zoning Administrator. SECTION 2. — RETIREE HEALTH BENEFITS The City and Association have agreed on a revised Retiree Health Benefits Program, and Section 4.F is revised as follows. 1. Prior to December 24, 2005 The retiree health benefits program shall be as set forth in the MOU between the City and Association. 2. Effective December 24, 2005 The retiree health benefits program shall be as follows. 1 a. Overview A new Defined Contribution Plan will be established to set aside funds for employee medical expenses during retirement. This plan will replace the existing Defined Benefit Plan ("old plan"), which will be phased out. The plan will be a Medical Expense Reimbursement Plan ("MERP") funded through an Integral Part Trust (IPT). b. Structure Each employee will have an individual MERP account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expense after retirement. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes. Contributions will be in three parts. i. Part A contributions (mandatory employee): 1 % of Salary. ii. Part B contributions (employer for employees fully converting to new plan): $1.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31 st of the prior year). iii. Part C contributions (leave settlement as determined by Association): The Association has determined that the level of contribution for all employees it represents will be 50% of sick and flex leave. Any future changes are subject to the following constraints. All employees within the Association must participate at the same level. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City. The computation of the cash equivalent for leave hours to be included in the MERP will be the same as the computation used when leave is "cashed out" for other reasons. However, individual employees must not have the option of receiving compensation for the value of the same leave hours in the form of cash. For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City would have the cash equivalent of 50% of whatever balance is in his or her leave account added to the MERP, on a pre-tax basis. The remaining 50% would be paid in cash as taxable income. Again, individual employees would not have the option to deviate from this breakout. If the Association decides to participate in Part C contributions, at any level, its members will not have the right to voluntarily convert leave to cash for one full year prior to retirement, other than "spillover" of amounts above the maximum accumulation balance. However, taking leave for time off purposes would not be constrained. Sick leave balances may also be included in the MERP, but only to the extent and within all the numeric parameters specified in the Employee Policy Manual. Section 11.21 of the Manual contains a schedule which specifies the amount of sick leave that can be "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out" at 800, and specifies that sick leave hours are `bashed out" on a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash purposes). Sick leave participation is a separate item from vacation/flex leave participation, and thresholds must be separately identified by the Association. Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation. Part A contributions begin upon enrollment in the program and are credited to each MERP Employee Account each pay period. Eligibility for Part B contributions is set at five years of City employment. At that time, the City will credit the first five years worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter, contributions are made monthly. Part C deposits, if any, will be made at the time of employment termination. Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon retirement. If an employee leaves the City prior to five years employment, only the Part A contributions and Part C leave settlement contributions, if any, will be in the MERP Employee Account. An employee who leaves City employment within the first five years will not be entitled to any Part B contributions. Distributions from MERP Employee Accounts are restricted to use for health insurance and medical care expenses after retirement, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance, supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents — again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the MERP accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular MERP Account will be closed, and any remaining funds will become general assets of the plan. The parties agree that the City's Part B contributions during active employment constitute the minimum CaIPERS participating employer's contribution towards medical insurance after retirement. The parties also agree that, for retirees selecting a CatPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's MERP account. c. Employee Participation i. New Employees Participation in the new plan is mandatory from the onset of employment. New employees will make no contributions to the old plan. ii. Conversion Threshold for Current Employees Members whose age plus years of service equal 49 or less at the time of implementation must convert to the new plan. Those with age plus years of service of 50 or more have the option of fully converting or remaining in the old plan with modified participation in the new plan. iii. Current Employees Fully Converting to New Plan In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one-time City contribution to their individual IPT accounts that equates to $100 per month for every month they contributed to the current plan, to a maximum of 15 years (180 months). This contribution will be made at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. Employees in this category will make no further contributions to the existing plan, and will no longer participate in it. The parties agree that this one time payment by the City satisfies the requirement in paragraph F.4.b. of Section 4 (Fringe Benefits) of the previous MOUs regarding an accounting and potential distribution of contributions upon discontinuation of the previous version of the Retiree Medical Program. iv. Current Employees Continuing to Participate in Some Elements of Old Plan Employees in this category will contribute a flat $100 per month to the old plan for the duration of their employment. The maximum benefit provided by the old plan at retirement is $4800.00 per year, accruing at the current rate of $400.00 per month. City share of each retiree's cost may be used for anything authorized for the IPT program, rather than just for Insurance Premiums for one of the City plans. There is no cash out option for these funds. Employees remaining on the old plan will also participate in the IPT program, with Part A contributionsbeing mandatory; no Part B contributions; and Part C contributions if applicable. Employees in this category will also receive an additional one- time City contribution of $75 per month for every month they contributed to the old plan prior to the date of implementation of the new program, up to a maximum of 15 years (180 months). This contribution will be made to the IPT account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim. d. Retroactivity Limited retroactivity is provided for employees who retired from the City during the period covered by the contract in which this new program is implemented, but before the program is implemented. For those employees who retired under the old program during this period, the provision for increased flexibility in the use of the $4800.00 maximum (accruing at $400 per month) benefit will apply. In addition, a MERP account will be opened for each employee in this category, and a contribution of $75 per month for each month of prior contribution to the old plan will be deposited by the City. No other provisions of the new program are applicable to employees in this category, and no provisions of the program are applicable to any other existing retirees. e. Administration A vendor will be selected by the City to administer the MERP. The contract expense for program -wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee. The City's Deferred Compensation Committee will have the authority to determine investment options that will be available through the plan. f. Value of Benefit For all purposes, the MERP shall be valued at 1% of salary on which PERS retirement is based (Part A); plus .25% of other compensation (Part B). SECTION 3. — BI-LINGUAL PAY The City and Association have agreed on Bi-Lingual Pay, and Section 5.J is amended to read as follows: Upon determination of the Department Director that an employee's ability to speak, read and/or write in Spanish contributes to the Department providing better service to the public, the employee shall be eligible to receive One Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification process will confirm that the employee is fluent at the street conversational level 6 in speaking, reading and/or writing Spanish. Employees certified shall receive bi- lingual pay the first full pay period following certification. Additional languages may be certified for compensation pursuant to this section by the Department Director. Except as modified by this SMOU, the MOU between the City and Association remains in full force and effect. g1y�C Executed this 131 day of becmir / 095 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: CITY OF NEWPORT BE By: Mayor ATTEST:/ La Vonne Harkless, City Clerk APPROD AS TO FORM: Robin Clauson, City Attorney Micheal Wojciechowski, President 7 r GibEl 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 UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. 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, 2005 through June 30, 2007. 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 1. — General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-Milias-Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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. 1 i • B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 2005. This MOU shall remain in full force and effect until June 30, 2007, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBPTEA officers designated by the NBPTEA shall collectively be granted 120 hours paid release time maximum, annually, for the conduct of NBPTEA business. Such timeshall 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. 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 • • 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. 7173. 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; (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the 3 scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. 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 increased by 5%. Effective the pay increased by 3%. B. Normal Overtime 1. Definitions period beginning June 25, 2005, salaries shall be period beginning June 24, 2006, salaries shall be (a) Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). (b) 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 4 the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. (c) Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. (d) Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non - recurrent. 2. Compensation Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including 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 Duty 1. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 5 • 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 $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 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 Engineer and Junior Civil Engineer Employees in the class of Associate 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. Urban Forester Employees in the class of Urban Forester who maintain an arborist and applicator certificate shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in January of each year. H. City Archaeologist Employees who meet the City's minimum qualifications for City Archaeologist shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in July of each year. Minimum qualifications for this pay are as follows: (a) Bachelor's or graduate degree in anthropology, archaeology, history or a related field, with specialized training in archaeology; (b) Three years of field experience on archaeology sites and/or field related work in archaeology; and (c) Listing in the Certified Archaeologists Register maintained by Orange County or Registered Professional Archaeologist listing by RPA. Certificate Pav Individuals in the classifications of Building Inspector (1,11, Senior and Principal) and Residential Building Records Inspector shall be eligible for Certificate Pay of 1 % per certification, to a maxium of 5%. The following ICBO certifications shall be eligible, if kept current by the employee: Certified Building Inspector Combination Dwelling Inspector Certified Electrical Inspector Certified Plumbing Inspector Certified Mechanical Inspector Certified Plans Examiner Certified Accessibility/Usability Specialist Individuals in the classification of Public Works Inspector and Senior Public works Inspector shall be eligible for Certificate Pay of 1% per certification, to a maximum of 5%. The following ICBO and other certifications shall be eligible, if kept current by the employee: Certified Building Inspector Certified Electrical Inspector Certified Plumbing Inspector Certified Mechanical Inspector Reinforced Concrete Special Inspector Structural Masonry Special Inspector Prestressed Concrete Special Inspector Structural Steel & Welding Special Inspector Certificate of Construction Inspection for Traffic Signals and Highway Lighting PADI Certified Open Water Scuba Diver J. 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. K. Acting 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. SECTION 3 - Leaves A. Flex Leave Effective the pay period beginning June 25, 2005, members hired on or after July 1, 1996 shall accrue (prospectively) flex leave at the same rate as members hired prior to July 1, 1996. Members shall accrue Flex leave at the following rates: Years of Continuous Accrual per Annual Service Pay Period/Hrs Days 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment, six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. 8 r • Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employee's final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. 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 at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year 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. 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 Service Accrual per Pay Period/Hrs 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but Tess than 25 25 and over 2. Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31 st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry-level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 10 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. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. (b) Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the 11 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 Tess days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. D: Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating 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 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 (1) 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). 12 i • 2. In addition, for all employees who have completed one year of service, 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. Those who have completed less than one year of service receive 0 hours of floating holiday. 3. "Floating Holiday" eligibility allows for newly hired employees to earn their first floating holiday credit, eight (8) hours, at the same time as they receive their regular appointment status, which allows the successful completion of their probationary period. E. Bereavement Leave 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, mother, brother, sister, wife, husband, child, father-in-law, mother-in-law, brother-in-law, sister- in-law, employee's spouse's 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. 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 13 programs. The purpose of the BIC is to provide each employee group with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $674. In addition, the City shall contribute the minimum CalPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach Professional and Technical Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective the pay period beginning December 24, 2005, the City's contribution towards the Cafeteria Plan will increase to $724 (plus the minimum CalPERS participating employer's contribution). Effective the pay period beginning December 23, 2006, , the City's contribution towards the Cafeteria Plan will increase to $774 (plus the minimum CaIPERS participating 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. 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. 14 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit 66.67% gross weekly wages Maximum Benefit $10,000/month Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. 15 Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City - paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. D. The Retirement Benefit 1. Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% © 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of Living Adjustment, and the pre -retirement option settlement 2 death benefit (Section 21548). 2. Re —opener The parties agree to reopen negotiations on possible retirement plan for unit employees after receipt of retirement rates for the period beginning July 2006. Any negotiated change must be cost neutral to the City during the two-year term of this agreement 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 16 the fund. The City is not responsible for, nor does it make any representation regarding, the payment of benefits to unit members. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Health Benefits Program 1. Eligibility The City provides retiree health benefits for employees who retire from the City with seven or more continuous years of service and become PERS annuitants. Retirees must be enrolled in a City - sponsored medical plan at the time of retirement to be eligible for the City's contribution. Retirees are eligible for the City's contribution towards coverage for themselves and one dependent (2-party coverage). Enrollment of additional dependents is allowed and the cost to cover more than one dependent is the sole responsibility of the retiree. In the event of the death of the retiree, only a dependent spouse will be allowed to continue coverage. Cancellation of coverage by the retiree at any time, including cancellation due to failure to pay the required monthly premiums, will render the retiree and dependents ineligible for any and all portions of the City's Retiree Health Benefits Program from the date of cancellation forward. This eligibility requirement does not preclude future enrollment in the CalPERS Health Benefits Program, but discontinues the City's contribution. 2. Enrollment If the retiree and their dependent(s) meet all of the City's program and insurance plan eligibility requirements, they may continue, upon retirement, their medical, dental and vision coverage or any combination thereof. Re -enrollment or new enrollment of a retiree or dependent(s) is not allowed under the City's Retiree Health Benefits Program once cancellation of coverage by a retiree has occurred including cancellation due to failure to pay the required monthly premiums or prior declined enrollment in coverage. This provision does not 17 apply to future enrollment in the CaIPERS Health Benefits Program, but does discontinue the City's contribution. 3. Administration It is the responsibility of the retiree to notify the City of Newport Beach Human Resources Department at (949) 644-3300 or in writing to P.O. Box 1768, Newport Beach, CA 92658-8915, of any change of address or other contact information, any change in a PERS medical plan, any change in Medicare eligibility or status for the retiree or their dependent, and/or any change consistent with a qualified status change (e.g., marriage, divorce, birth or adoption, death of a dependent, change in spouse's employement status that affects the spouse's benefits eligibility under another employer's plan, etc.). Notification of a qualified status change must be done within 30 days of the status change. 4. Funding of the Retiree Health Benefits Program (a) The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Professional Technical Employees Association. The City and active employees shall be responsible for 75% (50% City and 25% actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBPTEA unit employees, the per month employee deduction for retiree medical insurance shall be $44.07 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBPTEA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBPTEA prior to any increases in employee deduction levels. All monthly premiums must be paid in full upon receipt of the invoice. Failure to pay monthly premiums within 60 days of invoice date will result in the cancellation of the retiree and his/her dependent(s). 18 • • (b) In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in (a) above; each NBPTEA unit employee will contribute $10 per month and the City shall contribute $20 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBPTEA mutually agree to end the funding on behalf of NBPTEA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under (a) above. In the event the retiree medical insurance program described herein is discontinued, NBPTEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBPTEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBPTEA unit. The City will provide NBPTEA with an annual report certified by the City Administrative Services Director describing the balance, interest earnings, and any expenditures of the trust account described herein. The City and NBPTEA agree to continue negotiations on revisions to the retiree medical insurance program. The parties agree to conclude negotations on the revision to the retiree medical program later than September 30, 2005. G. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job —related courses. Maximum tuition reimbursement for employees shall be $1,400.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. 19 SECTION 5. - Miscellaneous/Working Conditions A. Reductions in Force/Lavoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS 1. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination 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; (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 20 • • 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 shalt 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 Personnel Resolution. 21 s • 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 Personnel 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. B. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. C. 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully. 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. 22 • • 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 NO. 7173), 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. 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 Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear 23 • • 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. 24 (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 retumed to his or her former class, the employee shall serve the remainder of any uncompleted probationary period in the former class. If the employee's former class has been deleted or abolished, the employee shall have the right to return to a class in his or her former occupational series closest to, but no higher than, the salary range of the class which the employee occupied immediately prior to promotion and shall serve the remainder of any probationary period not completed in the former class. (c) Probationary Release An employee who alleges that his or her probationary release was based on discrimination by the City, in violation of Personnel Policy Section 303 Non -Discrimination may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. 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, 25 • • • related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of this Memorandum of Understanding. More information may be included. I. Direct Deposit All employees shall participate in the payroll direct deposit system. J. Bi-Lingual Committee The City and Association agree to continue the joint committee to study the issue of bi-lingual pay. 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. Executed this 13 day of Sep-ieThbe ,2005 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION iJ By: By: Mike Wojciechowski, President Mel eener, Negotiation Team By: RU-1 Paul Bechel , Ne Y 9 iation Team 26 • • CITY OF NEWPORT BEACH By: John Heffn, Mayor ATTEST: // By:VB7Ltt/ aVonne Harkless, City Clerk APPROVED AS TO FORM: Robin ' auson, City Attorney 27 • • EXHIBIT A Professional and Technical Classes Accountant Accountant, Senior Building Inspector I Building Inspector II Building Inspector, Senior Building Inspector, Principal Buyer, Senior Civil Engineer Civil Engineer, Associate Junior Civil Engineer City Surveyor Code & Water Quality Enforcement Officer Code & Water Quality Enforcement Officer Trainee Emergency Services Assistant Engineering Technician Engineering Technician, Senior GIS Analyst GIS Coordinator GIS Technician Harbor Resources Specialist Harbor Resources Supervisor Harbor Resources Technician I Harbor Resources Technician 11 Library Information Systems Coordinator Management Assistant MIS Applications Analyst MIS Applications Analyst, Senior MIS Applications Coordinator MIS Operations Coordinator MIS Specialist MIS Specialist, Senior MIS Technician Permit Technician Permit Technician, Trainee Permit Technician, Senior Planning Technician Planner, Assistant Planner, Associate Planner, Senior Public Works Inspector Public Works Inspector, Senior Residential Building Records Inspector 28 Revenue Auditor Subtrade Plan Examiner Telecom/Network Coordinator Traffic Engineering Technician Urban Forester Water Quality & Water Shed Specialist 29 • • C -20E1 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 UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. 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, 2004 through June 30, 2005. 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 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-Milias-Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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 1 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, 2004. This MOU shall remain in full force and effect until June 30, 2005, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBPTEA officers designated by the NBPTEA shall collectively be granted 120 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, 2 and distribution of NBPTEA written communication in the work place. 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. 7173. 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; 3 • • (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. 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. 4 SECTION 2. - Compensation A. Salary Salaries shall remain unchanged for the term of this agreement. B. Normal Overtime 1. Definitions (a) Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). (b) 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 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. (c) Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. (d) Incidental Overtime - Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. 2. Compensation Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. Incidental overtime is not compensable. 3. Overtime Pay Calculations During Week Including 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 Duty 1. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. 2. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and - one -half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 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 6 Department Director. E. Night Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 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 Engineer and Junior Civil Engineer Employees in the class of Associate 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. Urban Forester Employees in the class of Urban Forester who maintain an arborist and applicator certificate shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in January of each year. H. Certificate Pay Program The City and Union agree to establish a task force to study all bargaining unit positions that require specialized certificates. Mutually acceptable changes to certificate pay practices may be made during the term of this agreement. I. 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. J. Acting Pay NBPTEA employees will be eligible to receive "acting pay" only after completing 80 consecutive hours in the 7 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 41n hour worked in the higher classification. SECTION 3 - Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave according to the following schedule: Years of Continuous Accrual per Annual Service Pay Period/Hrs Days 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue flex leave at the following rates: Years of Continuous Accrual per Annual Service Pay Period/Hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment, six (6) months of accrued flex leave will be placed in 8 the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the 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. 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 at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year 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 9 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. B. Vacation Leave This section applies only to those Regular full time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program. 1. Basis for Accrual/Full-Time Employees Employees entitled to vacation shall accrue such leave based continuous service and the number normal work week for the position are assigned in accordance with schedule: Years of Continuous Service leave -with -pay on years of of hours in a to which they the following Accrual per Period/Hrs Pay 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 2. Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st ofeach 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 10 • • Vacation may not be taken in excess of that actually accrued and in no case, except for entry- level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 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. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary 11 period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. (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 employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. D. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating Holiday, such excepted personnel shall receive an equivalent number of hours of paid leave or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. Independence Day July 4 Labor Day 1st Monday in September 12 Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas New Year's Eve New Year's Day Washington's Birthday Memorial Day Martin Luther King Day Floating Holiday 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 (1) 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. In addition, for all employees who have one year of service, an additional 8 floating holiday will be added to his/her or flex leave accumulated total on the period in July each year. Those completed less than one year of service hours of floating holiday. completed hours of vacation first pay who have receive 0 3. "Floating Holiday" eligibility allows for newly hired employees to earn their first floating holiday credit, eight (8) hours, at the same time as they receive their regular appointment status, which allows the successful completion of their probationary period. E. Bereavement Leave 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, mother, brother, sister, wife, husband, child, father-in-law, mother-in-law and grandparents. 2. Maximum Allowed 13 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. 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 receive timely input from associations regarding preferred coverage options and levels of coverage. 2. Medical Insurance The City has implemented an IRS qualified Cafeteria Plan. Effective July, 2004, the City contribution toward the Cafeteria Plan shall be $584. In addition, the City shall contribute the minimum Ca1PERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. The City and the Newport Beach Professional and Technical Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. 14 • • Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods. Effective January 1, 2005 the City's contribution towards the Cafeteria Plan will increase to $674, (plus the minimum Ca1PERS 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. 3. Dental Insurance The existing or comparable dental plans shall be maintained as part of the. City's health plan offerings as agreed upon by the Benefits Information Committee. 4. Vision Insurance The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee. B. Additional Insurance Programs 1. IRS Section 125 Flexible Spending Account Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as child care and medical expenses. The City shall maintain a `reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, child care and other eligible expenses be paid or reimbursed by the City out of the employee's account. The base salary of the employee will be 15 reduced by the amount designated by the employee for reimbursable expenses. 2. Disability Insurance The City shall provide Short-term (STD) and Long- term (LTD) disability insurance to all regular full time employees with the following provisions: Weekly Benefit Maximum Benefit 66.67% gross weekly wages $10,000/month Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, employees assumed responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City increased base wages by one (1.0%) percent. 3. Life Insurance The City shall provide life insurance for all regular full-time employees in $1,000 increments equal to one times the employee's annual salary up to a maximum of $50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70 amount. This amount remains in effect until the employee retires from City employment. C. Employee Assistance Program City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines. 16 D. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. In addition, the City contracts for the 4th Level 1959 Survivors Insurance Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit and 2% Cost of Living Adjustment. As soon as possible the City will amend its PERS contract to provide the pre -retirement option settlement 2 death benefit (Section 21548). E. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one and one half percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding, the payment of benefits to unit members. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. F. Retiree Health Benefits Program 1. Eligibility The City provides retiree health benefits for employees who retire from the City with seven or more continuous years of service and become PERS annuitants. Retirees must be enrolled in a City - sponsored medical plan at the time of retirement to be eligible for the City's contribution. Retirees are eligible for the City's contribution towards coverage for themselves and one dependent (2-party coverage). Enrollment of additional dependents is allowed and the cost to cover more 17 than one dependent is the sole responsibility of the retiree. In the event of the death of the retiree, only a dependent spouse will be allowed to continue coverage. Cancellation of coverage by the retiree at any time, including cancellation due to failure to pay the required monthly premiums, will render the retiree and dependents ineligible for any and all portions of the City's Retiree Health Benefits Program from the date of cancellation forward. This eligibility requirement does not preclude future enrollment in the Ca1PERS Health Benefits Program, but discontinues the City's contribution. 2. Enrollment If the retiree and their dependent(s) meet all of the City's program and insurance plan eligibility requirements, they may continue, upon retirement, their medical, dental and vision coverage or any combination thereof. Re -enrollment or new enrollment of a retiree or dependent(s) is not allowed under the City's Retiree Health Benefits Program once cancellation of coverage by a retiree has occurred including cancellation due to failure to pay the required monthly premiums or prior declined enrollment in coverage. This provision does not apply to future enrollment in the Ca1PERS Health Benefits Program, but does discontinue the City's contribution. 3. Administration It is the responsibility of the retiree to notify the City of Newport Beach Human Resources Department at (949) 644-3300 or in writing to P.O. Box 1768, Newport Beach, CA 92658-8915, of any change of address or other contact information, any change in a PERS medical plan, any change in Medicare eligibility or status for the retiree or their dependent, and/or any change consistent with a qualified status change (e.g., marriage, divorce, birth or adoption, death of a dependent, change in spouse's employement status that affects 18 • • the spouse's benefits eligibility under another employer's plan, etc.). Notification of a qualified status change must be done within 30 days of the status change. 4. Funding of the Retiree Health Benefits Program (a) The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Professional Technical Employees Association. The City and active employees shall be responsible for 75% (50% City and 25% actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBPTEA unit employees, the per month employee deduction for retiree medical insurance shall be $40.34 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBPTEA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBPTEA prior to any increases in employee deduction levels. All monthly premiums must be paid in full upon receipt of the invoice. Failure to pay monthly premiums within 60 days of invoice date will result in the cancellation of the retiree and his/her dependent(s). (b) In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in (a) above; each NBPTEA unit employee will contribute $10 per month and the City shall contribute $20 19 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBPTEA mutually agree to end the funding on behalf of NBPTEA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under (a) above. In the event the retiree medical insurance program described herein is discontinued, NBPTEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBPTEA on the distribution of said funds back to active (not retired/full-time) City employees in the NBPTEA unit. The City will provide NBPTEA with an annual report certified by the City Administrative Services Director describing the balance, interest earnings, and any expenditures of the trust account described herein. G. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job -related courses. Maximum tuition reimbursement for employees shall be $1,250.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. 20 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; (b) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. 3. "Classification" shall mean one or positions identical or similar including part-time, seasonal positions. Classification within be ranked according to pay (lowest pay) more full time in duties not or temporary a Series shall ranking, lowest 4. "Series" shall mean two or more classifications within a Department which require the performance 21 of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: 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 22 following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Personnel 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. B. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be 23 distributed in a manner that reasonably assures unit members access to the announcements. C. 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully. 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 NO. 7173), 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. 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 24 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 Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a 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 25 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 26 • • 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. (c) Probationary Release An employee who alleges that probationary release was discrimination by the City, in Personnel Policy Section Discrimination may submit a grievance within ten (10) days after receipt of the Notice of Failure of Probation. G. Salary on Reclassification his or her based on violation of 303 Non - The City will amend its Employee Policy Manual to provide for a minimum salary increase of five (5%) percent upon reclassification (not to exceed the maximum of the new salary range). 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. I. Direct Deposit All employees shall participate in the payroll direct deposit system. J. Bi-Lingual Committee The City and association agree to form a joint committee to study the issue of bi-lingual pay. Study 27 results shall be available prior to the start of negotiations for the period beginning July 1, 2005. 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. Executed this ;q day of -August NEWPORT BEACH PRROFESSIONAL EMPLOYEES ASSOCIATION By: By: By: CITY OF NEWPORTBEACH By: Tod W. Ridgeway, ATTEST: By: ,2004 AND TECHNICAL ,1 c /'4 resident Mike Wojciechowski, eo.ge/ -rger, Negotiation Team 4rPau1 Bechely, Negotiation iFam LaVonne Harkless, City Clerg • • APPROVED,tS TO FORM: Rob4Jn Clauson, Acting City Attorney 29 EXHIBIT A Professional and Technical Classes Building Inspector I Building Inspector II Building Inspector, Senior Building Inspector, Principal Civil Engineer Civil Engineer, Associate Junior Civil Engineer Buyer, Senior Code & Water Quality Enforcement Officer Communications Specialist Computer Systems Technician Emergency Services Assistant Engineering Technician Engineering Technician, Senior GIS Analyst GIS Coordinator GIS Technician Harbor Resources Supervisor Library Information Systems Coordinator Management Assistant Marina Supervisor MIS Applications Analyst MIS Applications Analyst, Senior MIS Applications Coordinator MIS Operations Coordinator MIS Specialist MIS Specialist, Senior Permit Technician Permit Technician, Trainee Permit Technician, Senior Planning Technician Planner, Assistant Planner, Associate Planner, Senior Public Works Inspector, Senior Residential Building Records Inspector Revenue Technician Survey Instrument Worker Survey Party Chief Telecom/Network Coordinator Traffic Engineering Technician Urban Forester Water Quality & Water Shed Specialist 30 • • 2051 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, affliated with UPEC-LIUNA 777, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. 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, 2001 through June 30, 2004. Said employees desire to reduce their agreement in 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 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-Milias-Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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, 2001. This MOU shall remain in full force and effect until June 30, 2004, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time 1. Three NBPTEA officers designated by the NBPTEA shall be granted 40 hours paid release time maximum per designee, 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 2 • 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. 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. 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. 7173. 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 3 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; (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation 4 shall not affect the remaining portions of this MOU. SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adjustments Effective the first pay period in July, 2001, salaries shall be increased by 2.5%. Effective the first pay period in January, 2002, salary shall be increased by 2%. Effective the first pay period in July, 2002, salaries shall be increased by 2%. Effective the first pay period in January, 2003, salaries shall be increased by 2%. Effective the first pay period in July, 2003, salaries shall be increased by 2%. Effective the first pay period in January, 2004, salaries shall be increased 2%. For the term of this agreement, the City will pay each Miscellaneous members contribution to the Public Employees Retirement System (PERS) not to exceed 7%. Said retirement pick-up shall be credited to the employees individual account with PERS. 2. Compensation for Overtime - Normal Overtime A. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Overtime Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the 5 purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Call -Back Duty a. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call- back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 4. Associate Engineer and Assistant Civil Engineer Employees in the class of Associate Engineer and Assistant Civil Engineer who are registered by the State of California shall receive an additional compensation of five (5%) percent of base pay per month. 5. Urban Forester Employees in the class of Urban Forester who maintain an arborist and applicator certificate shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in January of each year. 6. 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. 7. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of Department Director. i. Compensatory time off for non-exempt employees shall accrue at the rate of time - and -a -half for every overtime hour worked. 8. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour • • that is non -recurrent. b. Compensation Incidental overtime is not compensable. 9. Night Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 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. 10. Certificate Pay Program The City and Union agree to establish a task force to study all bargaining unit positions that require specialized certificates. Mutually acceptable changes to certificate pay practices may be made during the term of this agreement. SECTION 3 - Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous service Accrual per Annual pay period/hrs Days 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 8 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue flex leave at the following rates: Years of continuous Accrual per Annual service pay oeriod/hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employees final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. a. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi-weekly accrual rate. Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year 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. b. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. B. Vacation Leave 1. Basis for Accrual/Full-Time Employees Employees entitled to vacation leave -with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: 10 Years of Continuous Service 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 2. Limit on Accumulation Accrual per pay period/hrs 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry- level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 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 11 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 Full day off 12/24/01 only. New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) Martin Luther King Day July 4 1st Monday in Sept. November 11 4th Thurs. in November Last 1/2 of working day Christmas December 25 Last 1/2 of working day Full day off 12/31/01 only. January 1 3rd Monday in February Last Monday in May 3rd Monday in January Effective 2002 1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. In addition, for all employees who have completed one year of service, 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. Those who have completed less than one year of service receive 0 hours of floating holiday. D. Sick Leave 1. Basis for accrual/Full-time Employees Full-time, regular leave based on the work week for the 12 employees shall accrue sick number of hours in a normal position to which they are assigned in accordance with the following schedules: Service Time Accrual 0-1 year 1-2 years 2-3 years 3+ 3-4 years 4+ 2. Method of Use a. General Monthly Accrual 4 hours 5 hours 6 hours 7 hours 8 hours Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. b. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. 3. Family Sick Leave Policy Employees are authorized to use up to forty (40) hours of accrued sick leave per calendar year for 13 an illness of a dependent. 4. 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. E. Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees are as follows: Defined. The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law, mother-in- law and grandparents. Maximum Allowed. Such leave shall be limited to five (5) working days per incident. Probationary Employees. An employee serving his/her initial probationary period who takes leave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. 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 14 leave balance be reduced below one hundred and sixty (160) hours. G. Transfer to Flex Leave During the term of this agreement, Unit employees will be provided a final opportunity to transfer from vacation/sick leave program to the flex leave program. SECTION 4. - Fringe Benefits A. Insurance 1. Health and Dental Insurance The City has implemented an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $434. In addition, the City shall contribute a total of $16 towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurances/programs. The City and the Newport Beach Professional and Technical Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash back. Employees shall be allowed to change coverages in accordance with plan rules during regular open enrollment periods. Effective January, 2002, the City's contribution towards the Cafeteria Plan will increase to $464, (plus the $16 medical contribution). Effective January, 2003, the City's contribution towards the Cafeteria Plan will increase to $499 (plus the $16 medical contribution). Effective January, 2004, the City's contribution towards the Cafeteria Plan will increase to $534 (plus the $16 medical contribution). 15 NBPTEA members who do not want to enroll in any health care plan offered by the City must provide evidence of group health care insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. 2. Vision Insurance The existing vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 3. Information Committee City has established a Medical/Dental Information Committee which will commence June, 2001 composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and levels of coverage. 5. Disability Insurance The City shall provide disability insurance with the following provisions: Weekly Benefit 66 2/3% gross weekly wages Maximum Benefit (mo.) $8,000 Minimum Benefit $50 Waiting Period 30 Calendar Days 16 Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent. There will be no increase in the cost of the disability insurance program for the term of this agreement. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall be eliminated. 6. Retiree Medical Insurance An employee is eligible for retiree medical benefits under this program after seven years of service to the City of Newport Beach if the employee retires from the City and is a PERS annuitant. This program is inclusive of an employee's right to medical insurance coverage under the Ca1PERS medical insurance plan and the mandatory minimum of $16 per month employer contribution to said plan on behalf of the annuitant. (a) The City has implemented the $400 per month cap for retiree medical insurance premium contributions as agreed to by the City and the Newport Beach Professional Technical Employees Association. The City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance premium under this program to a maximum of $400. Retirees shall be responsible for any remaining medical insurance premiums. For NBPTEA unit employees, the per month employee deduction 17 for retiree medical insurance shall be $27.47 per month. Subsequent contribution levels shall be set as needed in the month of July per the formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBPTEA with documentation supporting the need for said increase at least 90 days in advance of the effective date of the increase. Upon request, City representatives will meet and consult with NBPTEA prior to any increases in employee deduction levels. (b) In order to accumulate funds to meet the potential unfunded liability in retiree medical insurance premium payments as projected by the City's actuary and in addition to the contribution in (a) above; each NBPTEA unit employee will contribute $10 per month and the City shall contribute $20 per employee per month into an interest bearing trust account. These contributions will be continued until the projected liability is satisfactorily funded (approximately 30 years), or until such time as the City and NBPTEA mutually agree to end the funding on behalf of NBPTEA members. Accumulated funds from the employee and employer contributions described above shall be held separate from the City's general fund. These funds shall be kept in an interest bearing account and may only be used to pay for unfunded retiree medical insurance premiums not covered by the funds collected under 6(a) above. In the event the retiree medical insurance program described herein is discontinued, NBPTEA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBPTEA on the distribution of said funds back to active 18 (not retired/full-time) City employees in the NBPTEA unit. The City will provide NBPTEA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the trust account described herein. 7. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 55, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. As soon as possible; the City will implement the 1959 Survivors Insurance Level 4 Benefit. 8. Life Insurance The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 9. LIUNA Supplemental Pension The City shall contribute, on behalf of each unit member, one percent (1%) of base salary into the LIUNA Supplemental Pension Fund. The City's sole obligation is to forward the agreed upon amount to the fund. The City is not responsible for, nor does it make any representation regarding the payment of benefits to unit members. Effective January, 2004; the City shall increase the LIUNA contribution to one and one half (1.5%) percent. The Association and UPEC-LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. 19 C. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job -related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Effective July 2003; the maximum reimbursement will increase to $1,250.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. SECTION 5. - Miscellaneous/Working Conditions A. 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully. B. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS a. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination or employment. b. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first 20 granted permanent status in the current Classification or any Classification within the Series, subject to the following: i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. c. "Classification" shall mean one or positions identical or similar including part-time, seasonal positions. Classification within be ranked according to pay (lowest paY) more full time in duties not or temporary a Series shall ranking, lowest d. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not 21 possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. b. Employees within a classification shall be laid off in inverse order of seniority; c. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 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 22 expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Personnel Director. 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. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 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 23 "Employer -Employee Relations Resolution" NO. 7173), this MOU, or of rules and adversely affecting an employee's wages conditions of employment. (RESOLUTION regulations, , hours, or 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. 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 24 after Step 3, as an alternative to proceeding directly to Step 5, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a 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. Employee Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. G. Direct Deposit All newly hired employees shall participate in the payroll direct deposit system. 25 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. I. Reopener - Miscellaneous Retirement If during the term of this agreement, the Governor signs legislation that enhances the PERS Miscellaneous Retirement, the City and Union agree to reopen negotiations on Retirement only. Any change in retirement during the term of this agreement shall be on a cost neutral basis to the City. Executed this day of C{, L4ua.1 ,2001 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: By: By: Stephe Luy, Presid�irt /I ?get Ron Gar ett, Negotiation Mike Wojchiechowsk/ Negotiation Team Paul Bechely, Negotiation Team 26 • • CITY OF NEWPORT BEACH �" By: �'�"�� �177 ` �' Garold B. Adams, Mayor ATTEST: By: J LaVonne Harkless, City Clerk f APPROVED .'S TO FORM: Robe •' H. Burnham, City Attorney 27 EXHIBIT A Professional Technical Classes Applications Development Analyst Building Inspector I Building Inspector II Building Inspector, Senior Building Inspector, Principal Civil Engineer Civil Engineer, Associate Junior Civil Engineer Code Enforcement Officer Code Enforcement Officer, Senior Code Enforcement Supervisor Communications Specialist Computer Systems Technician Engineering Technician Engineering Technician, Senior GIS Analyst Trainer GIS Mapping Assistant Harbor Inspector Management Assistant Marina Supervisor MIS Technical Support Specialist Permit Technician Permit Technician, Senior Planning Technician Planner, Assistant Planner, Associate Planner, Senior Public Works Inspector, Senior Revenue Technician Survey Instrument Worker Survey Party Chief Traffic Engineering Technician Urban Forester Web Services Specialist 28 � w• • C-2D5 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING This supplemental Memorandum of Understanding amends the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association dated July 1, 1998 through June 30, 2001. Except as modified by this supplemental MOU, all the provisions of the Memorandum of Understanding between the City and the Newport Beach Professional and Technical Employees Association remain unchanged. The City and the Newport Beach Professional and Technical Employees Association agree as follows: A. RETIREMENT The City will immediately commence the process of amending its contract with the Public Employees' Retirement System to implement the 2% at 55 Retirement Program. The ongoing cost of this retirement change shall be borne by the City. B. CAFETERIA PLAN Effective July, 2000, or as soon as possible thereafter, the City shall implement an IRS qualified Cafeteria Plan. The City contribution toward the Cafeteria Plan shall be $434. In addition, the City shall contribute a total of $16 towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing. medical,dental and vision insurances/programs. The City and the Newport Beach Professional and Technical Employees Association will cooperate in pursuing additional optional benefits to be available through the Cafeteria Plan. Any unused funds shall be payable to the employee as taxable cashback. Employees shall be allowed to change coverages in accordance with plan rules during regular open enrollment periods. C. RETIREE MEDICAL PROGRAM An employee is eligible for retiree medical benefits after seven years of service if the employee retires from the City and is a PERS annuitant. 1. Effective immediately, the City shall implement the $400 cap for retiree medical insurance contributions as currently provided for in the Memorandum of Understanding between the City and the Newport Beach Professional and Technical Employees Association. In accordance with existing agreements, the City and active employees shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance cost. Retirees shall be responsible for the remaining 1/4. Concurrent with implementation of 2% at 55 and the Cafeteria Plan, the employee's share of the retirement contribution in accordance with the formulas set forth above shall be $27.47 per month. Subsequent contribution levels shall be set in July, annually, in accordance with the formula described above. Prof/Tech Page 2 2. In addition to the contributions in C 1 above, concurrent with the implementation of 2% at 55 and the Cafeteria Plan, current employees shall contribute $10 per month and the City shall contribute $20 per employee per month to accumulate funds to meet unfunded retiree medical liabilities. This contribution shall continue until the liability is fully funded. 3. The City shall maintain separate, interest bearing accounts for current and reserve retiree medical funding. Statements of these accounts shall be available to all affected employee organizations. D. CONTINUING DISCUSSIONS The City and the Newport Beach Professional and Technical Employees Association agree to continue discussions, in conjunction with other affected employee organizations, on possible implementation of other supplemental and/or individual retiree medical insurance accounts. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach Professional and Technical Employees Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning July 1, 1998 through June 30, 2001. FOR THE CITY OF NEWPORT BEACH FOR THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION nilef-e) (L„)2 4../, 4(47t7 >L n9 'Iasi_ tgro,onaz `likk? CITY CLERK 41n " 2 5 /12 4° APPVED AS TO FORM: In ATTORNEY R •. C- 2051 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 "MOD") is entered into with reference to the following: PREAMBLE 1. The Newport .Beach Professional and Technical Employees Association ("NBPTEA"), 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. 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, 1998 through June 30, 2001. Said employees desire to reduce their agreement in 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 1. - General Provisions. A. Recognition. In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers-Milias-Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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 t ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 1998. This MOU shall remain in full force and effect until June 30, 2001, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. 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. 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. 7173. 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; 2 • • (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; (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. D. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. E. 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. F. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. 3 • • SECTION 2. -Compensation A. Pav for Time Worked 1. Salary Adiustments Effective the first pay period of July, 1999-8, salaries shall be increased by 3%. Effective the first pay period in July, 1999, salaries shall be increased by 2.5%. Effective the first pay period in July, 2000, salaries shall be increased by 2.5%. For the term of this agreement, the City will pay each Miscellaneous members contribution to the Public Employees Retirement System (PERS) not to exceed 7%. Said retirement pick-up shall be credited to the employees individual account with PERS. 2. Compensation for Overtime - Normal Overtime A. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Overtime Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly 4 rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Call -sack Duty a. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation, All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 4. Associate Engineer and Assistant Civil Engineer Employees in the class of Associate Engineer and Assistant Civil Engineer who are registered by the State of California shall receive an additional compensation of five (5%) percent of base pay per month. 5. Urban Forester Employees in the class of Urban Forester who maintain an arborist and applicator certificate shall receive additional compensation in the amount of Four Hundred ($400) Dollars annually, to be paid in January of each year. 6. 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. 7. Accumulation of Compensatory Time Off Employees may accumulate Compensatory Time. Any (80) will be paid off. the eighty (80) hours discretion of Department up to eighty (80) hours of hours in excess of eighty Accumulation in excess of may be approved at the Director. 1. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. 8. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. 9. Night Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 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. SECTION 3 - Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per ,service pay period/hrs Annual Days 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 6 16 but less than 20 20 but less than 25 25 and over 8.31 27 8.92 29 9.54 31 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue flex leave at the following rates: Years of continuous Accrual per Annual ,service nay period/hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employees final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. a. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi-weekly accrual rate. Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required 7 L • • 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. b. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. B. Vacation Leave 1. Basis for Accrual/Full-Time Employees Employees entitled to vacation leave -with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: Years of Hours in Continuous Normal Work Week Service 40 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 2. Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the 8 • • following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry- level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 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 New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) July 4 1st Monday in Sept. November 11 4th Thurs. in November Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May 1. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive 4 hours vacation or flex leave for each holiday added to 9 • • his/her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive 8 hours vacation or flex leave for each holiday added to his/her accumulated total. Effective January, 1999, holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. (Half day holidays shall be observed prior to the observed holiday). 2. In addition, for all employees who have completed one year of service, 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. Those who have completed less than one year of service receive 0 hours of floating holiday. D. Sick Leave Accrual 1. Basis for accrual/Full-time Employees Full-time, regular employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedules: Service Time Accrual 0-1 year 1-2 years 2-3 years 3+ 3-4 years 4+ 2. Method of Use A. General Monthly Accrual 4 hours 5 hours 6 hours 7 hours 8 hours Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. 10 After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. B. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. 3. Family Sick Leave Policy Employees are authorized to use up to forty (40) hours of accrued sick leave per calendar year for an illness of a dependent. 4. 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. E. Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees are as follows: pefined. The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law, mother-in-law and grandparents. Maximum Allowed. Such leave shall be limited to five (5) working days per incident. Probationary Employees. An employee serving his/her 11 initial probationary period who takesleave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. SECTION 4.-Frinae Benefits. A. Insurance. 1. Health Insurance Contribution. The City shall make available to all NBPTEA members the PERS health insurance programs and a second health care plan. City shall pay the health, tatel• dental and vision premium for each NBPTEA member, up to a maximum of $400 per month. Effective the first pay period of July, 1999, the City shall pay the health, dental and vision premium for each NBPTEA member, up to a maximum of $425 per month. Effective the first pay period of July, 2000, the City shall pay the health, dental and vision premium for each NBPTEA member, up to a maximum of $450 per month. 2. Cafeteria Plan Commencing approximately September 15, 1998, the City, Association and other employee groups shall jointly meet to explore the implementation of a qualified cafeteria plan. The intent of the parties is to have a plan available for implementation in January, 1999. Should the parties not agree on implementation of a cafeteria plan which equally distributes medical increases set forth in Section 4.A.1. above, the Association and City shall agree on another mutually acceptable way of distributing this compensation. 3. Health Careopt Out Employees will be allowed to opt out of the City's health plans (medical, dental and vision), and if they choose to do so they shall receive $200 per month. To qualify the employee would be required to supply evidence of alternative medical coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. 12 4. Vision Insurance The existing vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 5. Information Committee. City has established a Medical/Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and levels of coverage. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this agreement. 6. Disability Insurance The cost of disability insurance is 1% of monthly salary up to a maximum of $75.00 per month. The City will share in paying the cost of the disability insurance premiums for employees who meet the following criteria: Employees with less than 160 accrued sick leave hours are required to pay 100% of the premium cost. Employees who have accrued less than 32.0 hours of accrued sick leave shall be required to pay one- half (50%) and the City will pay the remaining one- half (50%) of above premium. The City shall pay 100% of the disability insurance premium for employees who have accrued 320 or more hours of sick leave. All regular full-time employees accruing Flex -leave hours shall pay their disability insurance premiums with less than 160 accrued Flex -leave hours; the employee one-half (50%) and the City one-half (5.0%) of above premiums with 160 or greater but less than 208 accrued Flex -leave hours; and the City shall 13 pay 100% of the premiums with 208 accrued Flex - leave hours. It shall be understood that the City's paid leave programs shall be maintained in compliance with all of the provisions of the Family Medical Leave Act. 7. Disability Insurance - New Effective January, 1999, the disability insurance program set forth above shall end. In lieu, the City shall provide disability insurance with the following provisions: Weekly Benefit 66 2/3% gross weekly wages Maximum Benefit (mo.) $5,000 Minimum Benefit $50 Waiting Period 30 Calendar Days Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the commencement of this program, the employees shall assume responsibility for the payment of the disability insurance cost in the amount of one (1.0%) percent of base salary. Simultaneously, the City shall increase base wages by one (1.0%) percent. There will be no increase in the cost of the disability insurance program for the term of this agreement. Concurrent with implementation of the new disability insurance program, the industrial accident leave policy of the City (Section 8.03.2.1 Personnel Rules) shall be eliminated. 8. Life Insurance The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 9. Retiree Medical Insurance The parties agree that during the term of this 14 agreement, the maximum combined contribution by the City and active employees for retiree medical insurance shall not exceed $400.00 per month. Further, the City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. Regular, full-time employees agree to pay 25% of retiree insurance premiums. The current retiree insurance premium of $15.12 per month shall remain constant until such time as the City and the NBPTEA agree on a final resolution for the funding of retiree medical insurance premiums. Also, the City agrees not to burden employee contributions to the retiree medical plan for any plan participants that were not considered regular employees with the City. B. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% Q 60, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. C. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job -related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. SECTION 5. - Miscellaneous/Working Conditions A. 9/80 Scheduling Plan The City agree to maintain flex -scheduling where it is 15 currently operating successfully. B. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS a. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination or employment. b. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. c. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay)- d. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for 16 i • subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. b. Employees within a classification shall be laid off in inverse order of seniority; c. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees 17 laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel 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. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 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 18 regarding the interpretation or application of the "Employer -Employee Relations Resolution" (RESOLUTION NO. 7173), 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 I,: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made 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 Manager within seven (7) calendar days from the date a decision was rendered at Step 3. As soon as practicable thereafter, or as otherwise 19 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. Sten 5: If the grievance is not resolved in Step 3 (or Step 4), appeal to Step 45 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. Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 20 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBPTEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. G. Employee Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. H. Reopeners 1. The City and NBPTEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the grievance procedure including the grievability of the performance evaluation process. Negotiations on the revised Personnel Rules shall include the issue of the appeal process for performance evaluations. 21 2. The City and NBCEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the personnel rules. 3. The City and NBCEA agree to, upon request of the City, reopen negotiations during the term of this agreement on a City-wide reasonable suspicion drug testing policy. 4. Should the City lose, during the term of this agreement, Motor Vehicle in Lieu revenues; or the replacement revenue provided by the State for lost Motor Vehicle in Lieu revenues, the City reserves the right to reopen negotiations on the economic provisions of this Memorandum of Understanding. I. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. J. Carpool Vehicles Effective January 1, 1999, the City shall cease providing carpool vehicles to Unit members. Prior to January 1, 1999, the City will provide NBPTEA with applicable coastal commission regulations. K. Vacation/Flex heave Sellback Effective July, 2000, the City's informal practice of allowing employees to cash -in accrued vacation/flex leave shall end. L. Probationary Period Effective immediately, newly hired employees shall serve a twelve (12) month probationary period. There shall be no change in the probationary period for promoted employees. Concurrently, newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. 22 • Executed this 2 day of /Van ATTEST: CITY OF By: By: APP VED AS TO FORM: , 1998: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: Stephen Luy,gresi By: /f +err C✓v Gilb m/son,Negotiation Team By: c id Cam-( Will�jBirbeck, Negotiation Team bert H. Burnham, City Attorney 23 • • EXIHIBIT A Professional and Technical Classes Building Inspector I Building Inspector II Building Inspector, Senior Civil Engineer Civil Engineer, Assistant Civil Engineer, Associate Code Enforcement Officer Code Enforcement Officer, Senior Code Enforcement Supervisor Engineering Technician I Engineering Technician II Engineering Technician, Senior Field Engineer GIS Applications Development Analyst GIS Mapping Assistant Harbor Inspector Management Assistant MIS Applications Development Analyst MIS Technical Support Specialist Permit Technician Planner, Assistant Planner, Associate Planner, Senior Public Works Inspector Public Works Inspector, Senior Recreation Manager Survey Instrument Worker Survey Party Chief Telecommunications Specialist Telecommunications/Network Coordinator Traffic Engineering Technician Urban Forester C- ao5 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, 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 through June 1998. Said employees desire to reduce their agreement in 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 1. - General Provisions. A. Recognition. In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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 1 • • ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July 1, 1997. This MOU shall remain in full force and effect until June 30, 1998, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. 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. 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. 7173. 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; 2 (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; (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. D. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. 3 • • SECTION 2. - Compensation A. Pay for Time Worked 1. Salary Adlustments Effective the first pay period of July, 1997, salaries shall be increased by 3%. For the term of this agreement, the City will pay each Miscellaneous members contribution to the Public Employees Retirement System (PERS) not to exceed 7%. Said retirement pick-up should be credited to the employees individual account with PERS. 2. Compensation for Overtime - Normal Overtime A. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Overtime Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 4 3. Call -Back Duty a. Defined Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 4. 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. 5. Accumulation of Compensatory Time Off Employees may accumulate Compensatory Time. Any (80) will be paid off. the eighty (80) hours discretion of Department up to eighty (80) hours of hours in excess of eighty Accumulation in excess of may be approved at the Director. i. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. 6. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. 8. Night Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 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. ,SECTION 3 - Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service pav period/hrs pays 1 but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue flex leave at the following rates: Years of continuous Accrual per Annual service pav period/hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in 6 proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employees final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. a. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi-weekly accrual rate. Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. b. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. B. Vacation Leave 1. Basis for Accrual/Full-Time Emplovees Employees entitled to vacation leave -with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: Years of Hours in Continuous Normal Work Week Service 40 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 2. Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry- level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 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 8 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 New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) July 4 1st Monday in Sept. November 11 4th Thurs. in November Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May 1. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive 4 hours vacation or flex leave for each holiday added to his/her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive 8 hours vacation or flex leave for each holiday added to his/her accumulated total. 2. In addition, for all employees who have completed one year of service, 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. Those who have completed less than one year of service receive 0 hours of floating holiday. D. $ick Leave Accrual 1. Basis for accrual/Full-time Employees Full-time, regular employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedules: Service Time Monthly Accrual Accrual 0-1 year 4 hours 1-2 years 5 hours 2-3 years 6 hours 3+ 3-4 years 7 hours 4+ 8 hours 2. Method of Use A. General Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. B. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. 3. Family Sick Leave Policy Employees are authorized to use up to forty (40) hours of accrued sick leave per calendar year for an illness of a dependent. 4. 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 10 of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. E. Bereavement heave The provisions of the Bereavement Leave Policy applicable to affected employees are as follows: Defined. The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law and mother-in-law. Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year. Probationary Employees. An employee serving his/her initial probationary period who takes leave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health Insurance Contribution. The City shall make available to all NBPTEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBPTEA member, up to a maximum of $400 per month. 2. Health Care Opt Out Employees will be allowed to opt out of the City's health plans (medical, dental and vision), and if they choose to do so they shall receive $200 per month. To qualify the employee would be required to supply evidence of alternative medical coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. 11 3. Vision Insurance The existing vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 4. Information Committee. City has established a Medical/Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and levels of coverage. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. The Committee shall solicit bids on an alternative dental HMO carrier during the term of this agreement. 5. Disability Insurance The cost of disability insurance is 1% of monthly salary up to a maximum of $75.00 per month. The City will share in paying the cost of the disability insurance premiums for employees who meet the following criteria: Employees with less than 160 accrued sick leave hours are required to pay 100% of the premium cost. Employees who have accrued less than 320 hours of accrued sick leave shall be required to pay one- half (50%) and the City will pay the remaining one- half (50%) of above premium. The City shall pay 100% of the disability insurance premium for employees who have accrued 320 or more hours of sick leave. All regular full-time employees accruing Flex -leave hours shall pay their disability insurance premiums with less than 160 accrued Flex -leave hours; the employee one-half (50%) and the City one-half (50%) of above premiums with 160 or greater but less than 2-&S accrued Flex -leave hours; and the City shall e8D 12 • • pay 100% of the premiums with 203 accrued Flex - leave hours. It shall be understood that the City's paid leave programs shall be maintained in compliance with all of the provisions of the Family Medical Leave Act. The City and Association agree to participate in a City-wide committee to restructure the existing disability insurance -leave program. 6. Life Insurance The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 7. Retiree Medical Insurance The parties agree that during the term of this agreement, the maximum combined contribution by the City and active employees for retiree medical insurance shall not exceed $400.00 per month. Further, the City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. Regular, full-time employees agree to pay 25% of retiree insurance premiums. The current retiree insurance premium of $15.12 per month shall remain constant until such time as the City and the NBPTEA agree on a final resolution for the funding of retiree medical insurance premiums. Also, the City agrees not to burden employee contributions to the retiree medical plan for any plan participants that were not considered regular employees with the City. B. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 60, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. Prior to negotiations for the period commencing July 1, 1997, the City agrees 13 to obtain an actuarial quotation from PERS on the cost of the 2% at 55 retirement program. C. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job -related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. SECTION 5. - Miscellaneous/Working Conditions A. 9/80 Scheduling Plan The City agree to maintain flex -scheduling where it is currently operating successfully. B. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS a. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination or employment. b. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: i) Credit shall be given only for continuous 14 • service subsequent to the most recent appointment to permanent status in the Classification or Series; ii) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or unauthorized leave of absence. c. "Classification" shall mean one or more full time positions identical or similar in duties not including part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking 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. e. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. 15 b. Employees within a classification shall be laid off in inverse order of seniority; c. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel 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 16 year of continuous employment service to the City of Newport Beach. C. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 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 NO. 7173), 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. 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 17 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: If the grievance is not resolved in Step 3, appeal to Step 4 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. Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable 18 behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose Additionally, the City and NBPTEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. G. Employee Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. 19 • • H. Reopeners The City and NBPTEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the grievance procedure including the grievability of the performance evaluation process. I. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. J. Continuing Discussions The City and NBPTEA agree to continue discussions on the revised performance evaluation systems and job descriptions. K. Commute Vehicles Within thirty (30) days of the ratification of this Memorandum of Understanding, the City and NBPTEA agree to reopen negotiations on the issue of commute vehicles assigned to Senior Public Works Inspector classifications. Executed this a /ut day of c' C e- Cra , 1997: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By:92/et1,ce Manni g, Negotiati eam By: Stepn Luy,resident By:4,4444// G/o> Gilbert Wong, Neg /7: on Team argo T$ompsorj/,Negotiation Team 20 ATTEST: CITY OF NEWPORT BEACH By: /lDebay, Mayor By: v'/ `TJU (9-X11.1. n V(Z/J/JM�-E-('/Jd- LaVonne Harkless, City Clerk APPRQED AS TO FORM: ert H. Burnham, City Attorney 21 • • EXHIBIT A Professional Technical Classes Administrative Analyst Administrative Assistant Building Inspector I Building Inspector II Building Inspector, Senior Civil Engineer Civil Engineer, Associate Civil Engineering Assistant Code Enforcement Officer Code Enforcement Officer, Senior Code Enforcement Supervisor Computer Systems Technician Computer Applications Analyst/Trainer Engineering Technician I Engineering Technician II Engineering Technician, Senior Field Engineer GIS Analyst/Trainer GIS Technician Harbor Inspector Management Assistant MIS Technician MIS Technical Support Specialist Permit Technician Planner Planner, Assistant Planner, Associate Planner, Senior Programmer Public Works Inspector, Senior Survey Instrument Worker Survey Party Chief Traffic Engineering Technician Urban Forester 22 • eraos/ 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, 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 through June 1997. Said employees desire to reduce their agreement in 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 1. - General Provisions. A. Recognition. In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that 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. 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 January 1, 1996. This MOU shall remain in full force and effect until June 30, 1997, and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. 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. Pursuant to all of its managerial authorities Resolution but are not this MOU, the City reserves and retains inherent exclusive and non-exclusive rights, powers, functions and ("Management Rights") as set forth in No. 7173. Management Rights include, limited to, the following: (a) the determination of the purposes and functions of City Departments; (b) (c) (d) the establishment of standards of service; to assign work to employees as deemed appropriate; the direction and supervision of its employees; 2 (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; (j) the exercise of complete control and discretion over the manner of organization, and the appropriate technology, best suited to the performance of departmental functions. The practical consequences of a Management Rights decision on wages, hours, and other terms and conditions of employment shall be subject to the grievance procedures. D. Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications. Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savinas. Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental 3 • administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. SECTION 2. - Compensation A. Pav for Time Worked 1. Salary Adjustments Effective the first pay period of July, 1996, salaries shall be increased by 3%. For the term of this agreement, the City will pay each Miscellaneous members contribution to the Public Employees Retirement System (PERS) not to exceed 7%. Said retirement pick-up should be credited to the employees individual account with PERS. 2. Salary Steps Effective December 1, 1996, two additional steps (designated A and B with existing salary steps redesignated C through H) shall be added to the compensation schedule for each classification represented by NBPTEA The first salary step (A) shall specify a salary for the classification that is ten percent (10%) lower than the current first step in the salary range. The second additional step shall be 5% lower than the first step in the current salary range. All step advancements shall occur at 12 month intervals. All other existing salary step advancement rules shall apply. 3. Compensation for Overtime - Normal Overtime A. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Overtime Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - 4 beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non-exempt employees shall be paid at one -and -one-half (1-1/2) times the hourly rate of the employee's bi-weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 4. Call -Back Duty a. Defines( Call back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his/her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call-back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one -and -one-half (1-1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 5. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall received overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 6. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of 5 Compensatory Time. Any (80) will be paid off. the eighty (80) hours discretion of Department hours in excess of eighty Accumulation in excess of may be approved at the Director. i. Compensatory time off for non-exempt employees shall accrue at the rate of time -and -a -half for every overtime hour worked. 7. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1/10 of an hour that is non -recurrent. b. Compensation Incidental overtime is not compensable. 8. Night Shift Differential The City agrees to pay $1.00 per hour night shift differential for Employees working a regularly scheduled work shift of which four or more hours are worked between the hours of 5:00 p.m. and 5:00 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. SECTION 3 - Leaves A. Flex Leave Permanent full-time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per service pay period/hrs Days 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 5.85 6.46 7.08 8.00 8.62 9.23 9.85 Annual 19 21 23 26 28 30 32 Effective the first payroll period in July, 1997, these accrual rates shall be adjusted as follows: 6 • Years of continuous Accrual per service pav period/hrs 1 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 5.54 6.15 6.77 7.69 8.31 8.92 9.54 Employees hired, or rehired, by the City Beach on or after July 1, 1996, shall accrue at the following rates: Years of continuous Accrual per service pav period/hrs Annual Days 18 20 22 25 27 29 31 of Newport flex leave Annual Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full-time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employees final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. a. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi-weekly accrual rate. Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's • hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay. Effective January 1, 1997, members shall be eligible for flex leave spillover pay only if they have utilized at least eighty (80) hours of flex leave (forty (40) hours for calendar year 1996 only) the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. b. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. B. Vacation, Leave 1. Basis for Accrual/Full-Time Emnlovees Employees entitled to vacation leave -with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: Years of Accrual Continuous Per Pay Period Service jQ 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 8 3.69 4.30 4.92 5.53 6.15 6.77 7.38 Effective the first payroll period in July, 1997, the vacation accrual schedule will be modified as follows: Years of Hours in Continuous Normal Work Week Service la 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over 2. Limit on Accumulation 3.38 3.99 4.61 5.22 5.84 6.46 7.07 Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two-year limit provided all such excess accumulation is taken by March 31st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry- level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial twelve (12) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. 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 9 of the Department Director best serves the interest of the Department. Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (2) July 4 1st Monday in Sept. November 11 4th Thurs. in November Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May Effective the 1st payroll period in July 1996, one floating holiday shall be eliminated. 1. With the exception of Christmas Eve and New Year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive 4 hours vacation or flex leave for each holiday added to his/her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive 8 hours vacation or flex leave for each holiday added to his/her accumulated total. 2. In addition, for all employees who have completed one year of service, 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. Those who have completed less than one year of service receive 0 hours of floating holiday. D. Sick Leave Accrual. 1. Basis for accrual/Full-time Employees Full-time, regular employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedules: Service Time Accrual 0-1 year 1-2 years 10 Monthly Accrual 4 hours 5 hours • • 2-3 years 6 hours 3+ 3-4 years 7 hours 4+ 8 hours 2. Method of Use A. General Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his/her initial probation period is eligible to use his/her accumulated sick leave provided that if for any reason his/her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he/she has taken. After completion of the initial twelve (12) months of probation period, entry-level employees shall not have used sick leave reduced from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. B. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1. 3. Family Sick Leave Policy Employees are authorized to use up to forty (40) hours of accrued sick leave per calendar year for an illness of a dependent. 4. 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 11 • • the approval of the Department Director. E. Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees are as follows: Defined. The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father-in-law and mother-in-law. Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year. Probationary Employees. An employee serving his/her initial probationary period who takes leave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. SECTION 4. - Fringe Benefits. A. Insurance. 1. Health Insurance Contribution. The City shall make available to all NBPTEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBPTEA member, up to a maximum of $400 per month. 2. Health Care Oot Out Employees will be allowed to opt out of the City's health plans (medical, dental and vision), and if they choose to do so they shall receive $200 per month. To qualify the employee would be required to supply evidence of alternative medical coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. 3. Vision Insurance The existing vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 12 4. Information Committee. City has established a Medical/Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and levels of coverage. City shall provide information to the Committee in December, February and April of each year during the term of this MOU. 5. Disability Insurance The cost of disability insurance is 1% of monthly salary up to a maximum of $75.00 per month. The City will share in paying the cost of the disability insurance premiums for employees who meet the following criteria: Employees with less than 160 accrued sick leave hours are required to pay 100% of the premium cost. Employees who have accrued less than 320 hours of accrued sick leave shall be required to pay one- half (50%) and the City will pay the remaining one- half (50%) of above premium. The City shall pay 100% of the disability insurance premium for employees who have accrued 320 or more hours of sick leave. All regular full-time employees accruing Flex -leave hours shall pay their disability insurance premiums with less than 160 accrued Flex -leave hours; the employee one-half (50%) and the City one-half (50%) of above premiums with 160 or greater but less than 208 accrued Flex -leave hours; and the City shall pay 100% of the premiums with 208 accrued Flex - leave hours. It shall be understood that the City's paid leave programs shall be maintained in compliance with all of the provisions of the Family Medical Leave Act. The City and Association agree to participate in a City-wide committee to restructure the existing 13 • • disability insurance -leave program. 6. Life Insurance The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 7. Retiree Medical Insurance The parties agree that during the term of this Agreement, the maximum combined contribution by the City and active employees for retiree medical insurance shall not exceed $400.00 per month. Further, the City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. Regular, full-time employees agree to pay 25% of retiree insurance premiums. The current retiree insurance premium of $15.12 per month shall remain constant until such time as the City and the NBPTEA agree on a final resolution for the funding of retiree medical insurance premiums. Also, the City agrees not to burden employee contributions to the retiree medical plan for any plan participants that were not considered regular employees with the City. B. The Retirement Benefit The City contracts with PERS to provide retirement benefits for its employees. The retirement formula is the 2% @ 60, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. Prior to negotiations for the period commencing July 1, 1997, the City agrees to obtain an actuarial quotation from PERS on the cost of the 2% at 55 retirement program. C. Tuition Reimbursement NBPTEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student 14 • • expenses for approved job -related courses. Maximum tuition reimbursement for employees shall be $2,213.00 per fiscal year. Effective July 1, 1996 the maximum amount of reimbursement shall be $1000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require approval. SECTION 5. - Miscellaneous/Workina Conditions A. 9/80 Schedulina Plan The City agree to maintain flex -scheduling where it is currently operating successfully. B. Reductions in Force/Lavoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS a. "Layoffs" or "Laid Off" shall mean the non - disciplinary termination or employment. b. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii) Seniority shall include time spent on industrial leave, military leave, and leave of absence without pay, but shall not include time spent on any other authorized or 15 • • unauthorized leave of absence. c. "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). d. "Series" shall mean two or more classifications within a Department which require the performance of similar duties with the higher ranking classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. e. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. b. Employees within a classification shall be laid off in inverse order of seniority; c. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the 16 • • Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two ormore employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. REEMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel 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. C. Promotional Preference Where no less than 2 ranking on a certified position shall be made unit members achieve top three eligible list, selection to the with preference given to the unit 17 • • members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. D. 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 NO. 7173), 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: Sten 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring withthe 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 18 (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: If the grievance is not resolved in Step 3, appeal to Step 4 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. Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by 19 • • the rater's Department Head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBPTEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. G. Emolovee Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. 20 • • Executed this day of ‘')--)( ,mi, 1996: NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION By: By: Svten/Luy, Pres By: Ct,'-z (' Gilbert Wong, Negotiation Team D` a -eh- ATTEST: John O'Malle , Nego tion Team ORT CITY OF NEWPBEACH...,� By: John Hedges, Mayor By: IG(1T/ 11), Y v(L/lU & tea`) LaVonne Harkless, City Clerk APPRO\ D AS TO FORM: Bert H. Burnham, City Attorney 21 • • EXHIBIT A Professional Technical Classes Administrative Analyst Administrative Assistant Building Inspector I Building Inspector II Building Inspector, Senior Civil Engineer Civil Engineer, Associate Civil Engineering Assistant Code Enforcement Officer Code Enforcement Officer, Senior Code Enforcement Supervisor Computer Systems Technician Computer Applications Analyst/Trainer Engineering Technician I Engineering Technician II Engineering Technician, Senior Field Engineer GIS Analyst/Trainer GIS Technician Harbor Inspector Management Assistant MIS Technician MIS Technical Support Specialist Permit Technician Planner Planner, Assistant Planner, Associate Planner, Senior Programmer Public Works Inspector, Senior Survey Instrument Worker Survey Party Chief Traffic Engineering Technician Urban Forester 22 • • NBP&TEA - 1995 MEMORANDUM OF UNDERSTANDING BETWEEN TIlL CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES) for the 1995 calendar year. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1995 calendar year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective January 1, 1995, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages The classifications within the scope of representation as well as the current pay ranges for each position is attached in Appendix "A." The night shift differential shall be $1.00 per hour. The night shift differential shall be paid for hours worked between 6:00 p.m. and 6:00 a.m. the following morning. NBP&TEA- 1995 ARTICLE 2 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully. Section 1. Flexible Leave Program From 0 to 5 years From 5 to 9 years From 9 to 12 years From 12 to 16 years From 16 to 20 years From 20 to 25 years 25 years Hourly Rate .073077 .080769 .088462 .100000 .107693 .115386 .123078 ARTICLE 3 Leave Programs Bi-Week 5.85 6.46 7.08 8.00 8.62 9.23 9.85 Monthly 12.67 14.00 15.33 17.33 18.67 20.00 21.33 Annual 152 (19 days) 168 (21 days) 184 (23 days) 208 (26 days) 224 (28 days) 240 (30 days) 256 (32 days) All regular full-time employees hired after July 1, 1990, will be placed in the flexible leave program. Section 2. Vacation Accrual Regular full-time employees who choose to remain on the vacation/sick leave schedule shall accrue vacation leave at the following levels: From 0 to 5 years From 5 to 9 years From 9 to 12 years From 12 to 16 years From 16 to 20 years From 20 to 25 years 25 years Hourly Rate .046154 0.53846 .061539 .069231 .076923 .084615 .092308 Section 3. Sick Leave Accrual Bi-Week 3.69 4.31 4.92 5.54 6.15 6.77 7.38 Monthly 8.00 9.33 10.67 12.00 13.33 14.67 16.00 Annual 96 (12 days) 112 (l4 days) 128 (16 days) 144 (18 days) 160 (20 days) 176 (22 days) 192 (24 days) Regular full-time employees who chose to remain on the vacation/sick leave schedule shall accrue sick leave at the following level: 2 From 4 to 5 years 5 years Hourly Rate .046154 .046154 Bi-Week 3.69 3.69 ARTICLE 4 Retiree Medical Insurance Monthly 8.00 8.00 NBP&TEA- 1995 Annual 96 (12 days) 96 (12 days) Regular, full-time employees agree to pay 25% of retiree insurance premiums. The current retiree insurance premium of $15.12 per month shall remain constant until such time as the City and the NBP&TEA agree on a final resolution for the funding of retiree medical insurance premiums. Also, the City agrees not to burden employee contributions to the retiree medical plan for any plan participants that were not considered regular employees with the City. ARTICLE 5 The Retirement Benefit The CITY contracts with P.E.R.S. to provide retirement benefits for its employees. The retirement formula is the 2% at 60, calculated on the basis of the best/highest year. The City pays both the employee and the employer contribution, but the City reports the value of the Employer Paid Member Contribution (EPMC), so the employees will have the benefit of the EPMC in their retirement formula calculations. Additionally, the City will work with the NBP&TEA to explore the feasibility of modifying the retirement contract with P E R.S to the 2% at 55 formula. ARTICLE 6 Holidays Section 1. The legal holidays observed by the City shall be: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Friday after Thanksgiving January 1 3rd Monday in February Last Monday in May July 4 1st Monday in September November 11 4th Thursday in November 3 Christmas Eve New Year's Eve NBP&TEA- 1995 December 24, last half of working day December 31, last half of working day With the exception of Christmas Eve and New year's Eve, when a designated holiday occurs on Sunday, the following Monday will be observed. If Christmas Eve or New Year's Eve occurs on Saturday or Sunday, the employee shall receive 4 hours vacation or flex leave for each holiday added to his/her accumulated total. When any other designated holiday occurs on Saturday, the employee shall receive 8 hours vacation or flex leave for each holiday added to his/her accumulated total. Section 2. In addition, for all employees who have completed one year of service, an additional 16 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. Those who have completed Tess than one year of service receive 8 hours of floating holiday. ARTICLE 7 Insurance Section 1. Medical Care Plan Contributions. Employees will be allowed to opt out of any of the City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. Section 2. Disability Insurance. The cost of disability insurance is 1% of monthly salary up to a maximum of $75.00 per month. The City will share in paying the cost of the disability insurance premimums for employees who meet the following criteria: Employees with Tess than 160 accrued sick leave hours are required to pay 100% of the premimum cost. Employees who have accrued at least 160 but less than 320 hours of accrued sick leave shall be required to pay one-half (50%) and the City will pay the remaining one-half (50%) of above premium. The City shall pay 100% of the disability insurance premimum for employees who have accrued 320 or more hours of sick leave. 4 NBP&TEA- 1995 All regular full-time employees accruing Flex -leave hours shall pay all their disability insurance premiums with less than 160 accrued Flex -leave hours; the employee one-half (50%) and the City one-half (50%) of above premiums with 160 or greater but less than 208 accrued Flex -leave hours; and the City shall pay 100% of the premiums with 208 accrued Flex -leave hours. It shall be understood that the City's paid leave programs shall be maintained in compliance with all of the provisions of the Family Medical Leave Act. Section 3. Health Insurance. The City shall provide health insurance for all regular full-time employees in the following form: Point of Service Plan HMO PERS Basic Health Plans The City will pay up to $400 per employee per month of the premium costs for Health, Dental and Vision Insurance. Section 4. Dental Insurance. The City shall provide dental insurance for all regular full-time employees from the following providers: HMO Style Indemnity Style Section 5. Vision Plan. The City shall provide vision plan for all regular full-time employees enrolled in one of the PERS Basic Health Plans from a plan similar to the plan provided by the following provider: AVP Section 6. Life Insurance. The City shall provide life insurance for all regular full-time employees in $2,500 increments based on annual salary up to $50,000 per year. 5 NBP&TEA- 1995 ARTICLE 8 Medical Advisory Committee The City shall meet with a medical -dental advisory committee during the months prior to any substantive changes. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the City's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. Additional unscheduled meetings may be called by either a majority of the members or the Personnel Director. ARTICLE 9 Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS A. "Layoffs" or "Laid Off shall mean the non -disciplinary termination of employment. B. "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: i. Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; ii. Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence C. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). • • NBP&TEA- 1995 D. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications, following a meet and consult process, which constitute a Series. "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURES In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: A. Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. Employees within a Classification shall be laid off' in inverse order of seniority; 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. 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 7 NBP&TEA- 1995 accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. RE-EMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re- employment list in reverse order of layoff. The re-employment list shall expire in 18 months In the event that a vacancy occurs within eighteen (18) months of a layoff, employees on the re- employment list shall have the right to be reappointed, in order of seniority, to those positions within their former class or series, for which they meet the minimum qualifications, provided they claim the position within seven (7) days of written notice of position availability. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Personnel Director. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach. ARTICLE 10 Family Sick Leave Policy The Family Sick Leave provisions will be 40 hours per year. ARTICLE 11 Bereavement Leave Policy The provisions of the Bereavement Leave Policy applicable to affected "EMPLOYEES" are as follows: Defined. The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband child, father-in-law and mother-in-law. Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year. 8 NBP&TEA- 1995 Probationary Employees. An employee serving his/her initial probationary period who takes leave under this section who for any reason terminates his/her employment prior to the completion of such probationary period shall have his/her final paycheck reduced by the value of the leave taken. ARTICLE 12 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. Incumbents shall not be required to compete or otherwise qualify for positions reclassified on the basis of the duties those employees perform. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial 9 NBP&TEA- 1995 ARTICLE 13 Tuition Reimbursement Tuition reimbursement will be brought to a maximum of the 1992 costs of the part-time student status at U.C.I. Benefits may be accessed to a maximum lump sum of $2,213.00 per fiscal year. ARTICLE 14 Labor -Management Committee The City will work with NBP&TEA leadership, through its managers, to establish labor- management committees departmentally whenever it is mutually determined it is appropriate to do so. ARTICLE 15 Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. ARTICLE 16 Ridesharing The City will actively seek input from NBP&TEA members on carpooling/ridesharing programs prior to their development. ARTICLE 17 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. 10 • • NBP&TEA- 1995 ARTICLE 18 Performance Evaluation The City and the NBP&TEA agree to modify the language in the "performance evaluation" article in the MOU to conform to the following: A. PREPARATION: Review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. B. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. C. REVIEW PROCESS: The evaluation must be approved by the rater's Department Head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedures. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. 11 • • NBP&TEA- 1995 Additionally, the City and the NBP&TEA agree to expand the grievance procedure as it relates to performance evaluations, permitting them to be appealed to the 4th step of the grievance procedure. ARTICLE 19 Grievance Procedure Any employee or group of employees may file a greivance regarding the interpretation or application of the "Employer -Employee Relations Resolution" (RESOLUTION NO. 7173), 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 in his/her own behalf, or jointly be a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grevance, 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 grevance 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 head's 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: If the grievance is not resolved in step 3 , appeal to step 4 may be made by the grievant within 20 calendar days of receipt of the City Representative's answer. The grievant 12 NBP&TEA- 1995 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 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. ARTICLE 20 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressively waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE 21 Duration The terms of this MOU are to remain in full force and effect from the 1st day of January, 1995, until the 31st day of December, 1995, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, or if either part serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 22 Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. 13 Executed this .7r NBP&TEA- 1995 day of O c Ta 6 e , 1995 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION: By: By: Gil Wong ' By: Janice Manning — Robin Nahin, Representative CITY OF NEWPORT BEACH B Dune K. Munson APPRO D AS TO FORM: ttomey ATTEST: City Clerk By: Patiki,, 44 Patricia Tempi Mayor ord\wp5l\planning\jm\plt\MOU. doc 14 CLASS TITLE HOURLY SI-UEEKLY MONTHLY ANNUAL 4010 ADMINISTRATIVE ANALYST 17.841841 1,431.07 3,101.00 37,208.00 18.78282 1,502.63 3,256.00 39,068.00 19.72194 1,577.76 3,418.00 41,022.00 20.70800 1,656.64 3,589.00 43,073.00 21.74333 1,737.47 3,769.00 45,2E6.00 22.03050 1,026.44 3,957.00 47,487.00 4020 BUILDING INSPECTOR I 17.05531 1,364.42 2,956.00 35,475.00 17.00795 1,432.64 3,104.00 37,247.00 18.00339 1,504.27 3,459.00 39,111.00 19.76901 1,581.52 3,427.00 41,1E0.00 20.73057 1,658.49 3,593.00 43,1E0.00 21.76710 1,741.37 3,773.00 45,276.00 4030 BUILDING INSPECTOR II 17.90751 1,432.60 3,104.00 37,246.00 16.80249 1,004.00 3,239.00 31,101.00 19.74273 1,579.42 3,422.00 41,065.00 20.72989 1,658.30 3,593.00 43,110.00 21.76670 1,741.34 3,773.00 45,275.00 22.85504 1,828.40 3,962.00 47,538.00 4040 BUILDING INSPECTOR, SR 18.80249 1,504.20 3,259.00 31,109.00 11.74E73 1,377.42 3,422.00 41,063.00 00.7E081 1,600.39 3,593.00 43,118.00 21.76670 1,741.34 3,773.00 45,075.00 22.85472 1,828.38 3,96/.00 47,538.00 23.19746 1,917.00 4,160.00 41,915.00 4050 CHIEF BUILDING INSPECTOR 22.83246 1,826.60 3,958.00 47,492.00 23.17408 1,911.93 4,106.00 49,866.00 25.17302 2,013.84 4,363.00 52,360.00 26.43160 2,114.53 4,501.00 54,978.00 27.75332 2,220.27 4,011.00 57,7E7.00 29.14098 2,331.28 5,051.00 60,613.00 4070 CIVIL ENGINEER 25.02736 2,066.19 4,477.00 53,721.00 27.11073 2,169.50 4,701.00 56,407.00 28.47457 2,277.97 4,936.00 59,227.00 29.89834 2,391.87 5,182.00 62,189.00 31.393E0 2,511.46 5,441.00 65,296.00 32.16286 2,637.03 5,714.00 68,563.00 4075 CIVIL ENGR., ASSISTANT 21.85369 1,700.30 3,684.00 44,208.00 22.31637 1,785.31 3,860.00 46,410.00 23.43219 1,874.58 4,062.00 40,730.00 24.60380 1,968.30 4,265.00 51,176.00 25.8337T 2,066.7Z 4,478.00 53,735.00 27.12567 2,170.06 4,702.00 56,401.00 REPT NOR: PAY505J CITY OF NEUPORT BEACH, CA PAGE NOR: 15 Rum GATE, 07-14-95 JOB CLASSIFICATION REPORT CLASS TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL. 4080 CIVIL ENGINEER, ASSOCIATE 23.43741 1,874.91 4,062.00 46,780.00 24.60111 1,166.74 4,266.00 51,167.00 25.63994 2,067.20 4,471.00 53,747.00 E7.73E70 a,170.57 4,703.00 56,435.00 26.46661 a,271.01 4,136.00 51,256.00 21.11305 2,313.04 5,165.00 62,211.00 4081 CIVIL ENGINEER, ASSOC +SX 24.60111 1,966.74 4,266.00 51,167.00 25.63114 6,067.20 4,471.00 53,747.00 27.13210 2,170.57 4,703.00 56,435.00 26.46661 2,279.07 4,135.00 51,356.00 21.71307 2,313.05 5,105.00 62,217.00 31.4007E 8,518.70 5,444.00 65,330.00 4010 CODE ENFORCEMENT OFFICER 17.90751 1,432.60 3,104.00 37,246.00 16.60249 1,504.20 3,251.00 31,101.00 11.74E13 7,677.4E 3,442.00 41,066.00 CO. 1,638.31 3,513.00 43,118.00 21. 1,741.34 3,773.00 45,275.00 22.65504 1,626.40 3,76a.00 47,528.00 4095 CODE ENFORCEMENT OFCR, SR 19.74273 1,579.4E 3,48E.00 41,065.00 20.7E161 1,656.31 3,513.00 43,118.00 21.76670 1,741.34 3,773.00 45,275.00 22.0547E 1,628.36 3,161.00 47,536.00 23.1774E 1,119.77 4,160.00 47,915.00 C5.11726 2,015.78 4,366.00 52,410.00 4100 CODE ENFORCEMENT SUPERVSR 21.7677E 1,741.4E 3,773.00 45,277.00 22.85607 1,8E5.47 3,162.00 47,541.00 E3.17076 1,111.10 4,160.00 41,117.00 25.17563 2,015.61 4,368.00 52,413.00 26. 2,116.65 4,566.00 55,034.00 27.76131 2,222.51 4,615.00 51,785.00 4105 COMPUTER SYSTEMS TECH 17.99663- 1,439.73 3,119.00 37,433.00 16.61645 1,511.7E 3,275.00 39,305.00 19.5412O 1,587.30 3,431.00 41,270.00 20.83334 1,666.67 3,611.00 43,333.00 21.87501 1,750.00 3,712.00 45,500.00 22.16676 1,837.50 3,161.00 47,775.00 4110 ENGINEERING TECHNICIAN I 14.73238 1,178.59 5,554.00 30,643.00 15.46613 1,237.51 2,661.00 3E,175.00 16.24241 1,299.31 2,615.00 33,764.00 17.05451 1,364.36 2,156.00 35,473.00 17.10751 1,432.60 3,104.00 37,E46.00 16.60266 1,504.23 3,251.00 31,110.00 REPT NOR: PAYSO5.I CITY OF NEWPORT BEACH, CA PACE NOR: 16 *�+^ CLASSIFICATION REPORT CLASS TITLE HOURLY - BI-WEEKLY MONTHLY ANNUAL 41E0 ENGINEERING TECHNICIAN II 16.24E41 1.299.39 2,815.00 33.784.00 17.05451 1,364.36 2,956.00 35,473.00 17.92E88 1.433.53 3,107.00 37.E80.00 18.80E49 1,504.20 3,259.00 39,107.00 19.74E73 1,579.4E 3,422.00 41.065.00 E0.72957 1,058.37 3,593.00 43,118.00 4130 ENGINEERING TECHNICIAN,SR 17.90751 1,432.60 3,104.00 37,248.00 18.80E47 1,504.20 3,E57.00 37,107.00 19.74273 1,577.42 3,422.00 41,065.00 20.72/09 1.658.37 3,573.00 43,118.00 21.76670 -1.741.34 3,7/3.00 45,275.00 22.85504 1,8E8.40 3,762.00 47,538.00 4140 FIELD ENGINEER 26.49181 2,119.34 4.572.00 55,103.00 E7.81631 2,225.30 4.5E1.00 57.858.00 27.20707 E,336.57 5,063.00 60.731.00 30.66757 2,453.41 5,316.00 03,787.00 32.2008E E.576.07 5,581.00 66,978.00 33.81081 2,704.87 5,561.00 70,327.00 4143 FIRE EMS COORDINATOR 23.79142 1,903.31 4.124.00 49.486.00 24.98077 1,778.48 4.330.00 51,760.00 26.23004 2,078.40 4.547.00 54,550.09 27.54154 2.203.3E 4,774.00 57.286.00 06.7186E E,313.49 5,013.00 50,151.00 30.30454 E,4E7.10 5,603.00 63,158.00 4145 FIRE BYBTMS INFO MANAGER 23.0E450 1.841.76 3.771.00 47,871.00 24.17574 1.734.06 4,190.00 scrawls .DO 25.38457 Z.030.77 4.400.00 52,800.00 E6.63384 2,132.31 4,160.00 55,440.00 21.78655 8,238.7E 4.851.00 58,212.00 27.38587 2,350.87 5,074.00 61,1E3.00 4150 GI8 MAPPING ASSISTANT 12.98165 1,038.55 2,250.00 27,00E.00 13.63044 1,070.44 2,363.00 E8,351 .00 14.31209 1,144.97 2,461.00 29,709.00 15.02773 1,202.2E 6,005.00 31,656.00 15.77674 1,202.30 6,735.00 35,620.00 10.56766 1.3E5.41 2.87E.00 34.461.00 4170 CIS ANALYST/TRAINER 20.0E739 1,602.19 3,471.00 41,657.00 21.0E881 1,682.30 3.645.00 43,740.00 22.08034 1,766.43 3.8E7.00 45,7E7.00 23.18431 1.854.74 4,017.00 48,223.00 24.34363 1,747.47 4,2E0.00 50,635.00 25.56081 Z.044.86 4,431.00 53,166.00 REPT NM: PAY505J RI" mimic. ne-,a_gc J08 CLASSIFICATION REPORT CITY OF NEWPORT BEACH. CA PACE NBR: 17 CLASS TITLE HOURLY 8I-WEEKLY MONTHLY ANNUAL 417E CEQBASE 878. ANALYST 20.02739 1,602.19 3,471.00 41,657.00 21.02601 1,662.30 3,645.00 43,740.00 22.06034 1,766.43 3,027.00 45,127.00 23.10431 1,654.74 4,019.00 48,223.00 24.34363 1,147.47 4,220.00 50,635.00 25.56061 2,044.06 4,431.00 53,166.00 4175 HARBOR INSPECTOR 17.05531 1,364.42 2,956.00 35,475.00 1/.10715 1,432.64 3,104.00 37,241.00 10.00337 1,504.27 3,251.00 39,111.00 19.76101 1,561.52 3,427.00 41,1E0.00 20.73057 1,656.45 3,573.00 43,1E0.00 21.76710 1,741.37 3,773.00 45,276.00 4100 COMPUTER SYSTEMS TECH 18.92209 1,513.77 3,280.00 39,358.00 19.0671E 1,561.43 3,444.00 41,325.00 20.06140 1,660.71 3,616.00 43,312.00 21.10445 1,752.36 3.777.00 45,561.00 22.11700 1,637.10 3,107.00 47,040.00 24.14976 1.131.76 4,106.00 50,232.00 4190 PERMIT TECHNICAN 17.90751 1,432.60 3,104.00 37,248.00 16.00241 1,504.20 3,051.00 31,107.00 17.74273 1,571.4e 3,422.00 41,065.00 20.72767 1,656.37 3,573.00 43,110.00 21.766TO 1,741.34 3,773.00 45,275.00 22.65504 1,620.40 3,762.00 47,536.00 4200 PLANNER, ASSISTANT 17.90781 1,432.60 3,104.00 37,246.00 10.00247 1,504.20 3,257.00 39,107.00 17.74273 1,577.4E 3,422.00 41,065.00 20.7E167 1,656.3/ 3,573.00 43,116.00 21. 1,741.34 3,773.00 45,275.00 28.05504 1,026.40 3,762.00 47,530.00 4210 PLANNER, ASSOCIATE 19.74E73 1,579.42 3,4E2.00 41,065.00 20.727E9 1,650.31 3,593.00 43,116.00 21.76670 1,741.34 3,773.00 45,275.00 22.0547E 1,626.36 3,161.00 47,530.00 23.11142 1,719.79 4,160.00 47,715.00 25.11720 2,015.76 4,366.00 52,410.00 4220 PLANNER, SENIOR 22.30009 1,704.01 3,865.00 46,384.00 23.41507 1,673.21 4,057.00 40,703.00 24.56596 1,966.85 4,262.00 51,131.00 25.01513 2,065.21 4,475.00 53,075.00 27.19515 2,160.40 4,670.00 56,300.00 20.46124 2,2'16.70 4,133.00 50,177.00 REPT N8R: PAT505J Rum nAT2: 07-14-95 JOS CLASSIFICATION REPORT CITY OF NEWPORT BEACH, CA PACE NOR: 10 4230 PROGRAMMER 17.13962 1,372.77 2,974.00 35,692.00 10.01508 1,441.01 3,1E3.00 37,471.00 10.72209 1,513.77 3,250.00 39,350.00 19.0660E 1,509.20 3,443.00 41,321.00 80.86140 1,660.71 3,616.00 43,39E.00 01.70446 1,75E.36 3,777.00 45,561.00 4240 PUBLIC MORNS INSPECTOR SR 19.26368 1,541.09 3,339.00 40,068.00 20.2267E 1,610.14 3,506.00 40,072.00 21.23813 1,697.05 3,601.00. 44,175.00 22.30009 1,704.01 3,065.00 46,304.00 23.41496 1,873.20 4,051.00 40,703.00 24.58571 1,966.86 4,262.00 51,138.00 4253 TRAFFIC ENGINEERING TECH 18.37324 1,469.86 3,185.00 38,216.00 19.29159 1,543.33 3,344.00 40,127.00 20.25626 1,620.50 3,511.00 4E,133.00 21.26893 1,701.51 3,007.00 44,030.00 82.33269 1,706.6E 3,071.00 46,452.00 23.44932 1,670.75 4,065.90 45,775.00 4255 REVENUE TECHNICIAN 17.41437 1,393.15 3,018.00 36,222.00 10.00500 1,462.01 3,167.00 30,033.00 19.17933 1,535.75 3,328.00 39,735.00 20.15930 1,612.74 3,474.00 41,731.00 01.167E0 1,673.30 3,661.00 44,0E5.00 00.0E565 1,778.05 3,052.00 46,0E9.00 4260 SURVEY INSTRUMENTYORKER 16.24241 1,299.39 2,815.00 33,784.00 17.05451 1,264.36 2,956.00 35,473.00 17.92208 1,433.03 3,107.00 37,280.00 15.50E4V 1,504.00 3,057.00 37,109.00 17.74E73 1,579.4E 3,422.00 41,065.00 20.72907 1,658.39 3,593.00 43,118.00 4270 SURVEY PARTY CHIEF 18.80249 1,504.20 3,259.00 39,109.00 19.74273 1,577.4E 3,4E0.09 41,065.00 20.72989 1,658.39 3,593.00 43,118.00 21.76670 1,741.34 3,773.00 45,275.00 22.8547E 1,820.38 3,761.00 47,538.00 23.99746 1,919.80 4,160.00 49,915.00 4280 APPS ANALYST/TRAINER 20.02739 1,602.19 3,471.00 41,657.00 21.02601 1,682.30 3,645.00 43,740.00 22.08034 1,766.43 3,8E7.00 45,9E7.00 23.18431 1,054.74 4,019.00 40,0E3.00 24.34363 1,947.49 4,2E0.00 50,635.00 25.56081 2,044.86 4,431.00 53,166.00 REPT NSR: PAY505J CITY OF NEUPORT BEACH, CA PAGE NOR: 19 RUN DATE: 0T-14-95 J00 CLASSIFICATION REPORT V •MYI,•, CLASS TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL 4e81 OPERTNS SUPPRT SPECIALIST 18.92209 19.06792 20.86740 21.90448 22.99900 24.14178 1,513.77 1,585.43 1,668.91 1,752.36 1,031.18 1,931.18 3,e80.00 3,444.00 3,616.00 3,797.00 3,787.00 4,106.00 39,358.00 41,325.00 43,3,2.00 45,561.00 47,040.00 50,232.00 4290 URBAN FORESTER 17.88841 1,431.07 3.101.00 37,208.00 18.78282 1,502.63 3,256.00 39,068.00 17.72194 1,377.76 3,410.00 41,022.00 20.70000 1,656.64 3,587.00 43,073.00 21.74333 1,739.47 3,769.00 43,226.00 22.83050 1,526.44 3,957.09 47,487.00 • • REPT NBR: PAY505J CITY OF NEWPORT BEACH, CA PAGE NBR: 20 RUN DATE: 07-14-95 JO8 CLASSIFICATION REPORT . r . 1 93/94 NBP&TEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAUTECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAUTECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1993-1994 fiscal years. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1993-1994 fiscal years. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 1, 1993, subject to approval by the City Council of the City of Newport Beach, as follows: • • 93/94 ARTICLE I Salaries and Wages The City and the NBP&TEA agree to develop a new compensation policy before the expiration of this MOU, which will rescind the J-1 Policy. 1. A COLA adjustment of no less than 3% to be effective on January 1, 1994. Based on the local {all urban consumers Los Angeles -Anaheim -Riverside} CPI, for the time period between July 1, 1992 and June 30, 1993. 2. The City will add an extra step to the merit system salary range, (An "F" step) effective April 1, 1994. Employees in classifications within the scope of representation of NBP&TEA, who have been at the "E" step for twelve (12) months prior to April 1, 1994 shall advance to the "F" step on that date. All other employees effected by this agreement, shall be eilgible for an increase to the "F" step after twelve (12) months at the "E" step. The "F" step will be incorporated into the merit pay system, and all the other provisions and requirement of the merit pay system shall remain unchanged. 3. Up to three re -openers for the NBP&TEA on issues of importance to them, with notice of their intent to exercise this right by September 1, 1993. ARTICLE 2 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the department director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving 2 93/94 service reductions or increases in cost materialize, the department director will meet with the work group to resolve the problem. If the department director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the department director, and his/her determination shall be final. ARTICLE 3 Flexible leave Professional and Technical employees hired before July 1, 1990, will have the option to either remain in the traditional vacation/sick leave program or to participate in the Flexible Leave Program. The election of these employees to select their preference in a leave program will be limited to a "one time" open enrollment offered only between July 1, and September 1, of 1990. All employees hired after July 1, 1990, will be placed in the new flexible leave program. Effective July 1, 1991, the City agrees to eliminate the one day waiting period, to gain access to sick leave banks, for employees who are verifiably ill. The City and the NBP&TEA agree to allow for a one time reverse enrollment from the Flex -leave system back to the traditional vacation/sick leave system. Any employee, hired prior to July 1, 1989, wishing to return to the traditional system of vacation/sick leave may elect to do so during a one month period to be determined by agreement between the NBP&TEA and the City. During the term of this MOU the City will continue to work with representatives of NBP&TEA to seek modification of the the Flex - leave system so as to meet the reporting of compensation requirements of PERS. The NBP&PEA and the City agree to add one day to the accrual schedule of the Flex -leave program for employees who have completed 12 or more years of consecutive service for the City. (See appendix "A" for revised flex -leave accrual schedule) 3 93/94 ARTICLE 4 Night Shift Differential Effective July 1, 1990, the night shift differential shall be increased from $0.75 to $1.00 per hour. ARTICLE 5 Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance Policy. ARTICLE 6 Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 7 Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE 8 The Retirement Benefit The CITY will modify its contract with P.E.R.S. to allow for the best/highest year calculation. The City will pay the total cost of the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. The City agrees to hold the cost shift of the PERS highest year benefit at the 60% City and 40% employee level for the balance of the fiscal year. The advancement 4 • • 93/94 of the cost shift will progress to 40% City and 60% employee in fiscal year 93-94, 20% City and 80% employee in fiscal year 94-95, and 100% employee in fiscal year 95-96 and thereafter. This modification in the cost shift, by agreement between the NBP&TEA and the City, is to be effective immediately. Employees who elect to do so will still be allowed to pay their own P.E.R.S. contributions in their last year of employment. ARTICLE 9 Holidays Effective with the beginning of the 1986 - 1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day' The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the fiscal year. Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. Effective June 29, 1991 newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. At the same time "floating holiday" eligibility will be modified to allow for newly hired employees to earn their first floating holiday credit {eight (8) hours} at the same time as they receive their regular appointment status, which follows the successful completion of their probationary period. The CITY agrees to post the accrual of sick and vacation leave biweekly, and to merge floating holidays into the vacation accrual 5 • • 93/94 system effective January 1, 1990. ARTICLE 10 Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 years 4 hours per month 1 - 2 years 5 hours per month 2 - 3 years 6 hours per month 3 - 4 years 7 hours per month 4 + years 8 hours per month Employees accruing sick leave hours under the above formula and enrolled in the CITY's Disability Program will be eligible for CITY paid Disability Insurance premiums as follows: For the first three years of employment the employee receives, 50% at 88 hours and 100% at 208 hours. After three (3) years continuous service, and Tess than five (5) years of continuous employment, employees will receive 50% at 160 hours and 100% at 208 hours. After five (5) years of continuous employment and thereafter employees will receive 50% at 160 hours and 100% at 320 hours once this level has been achieved, the employee will be required to maintain the same number of hours as required of other permanent employees. When an employee having five years of continuous service, but less than ten with the CITY is on an approved disability leave of absence (up to a maximum of one-year), the CITY will pay one-third of the cost of the employee's insurance premiums (health, dental, life and disability); for an employee with ten years of continuous service, but less than fifteen, the CITY will pay two-thirds of the cost; the CITY will pay the entire cost for an employee with fifteen or more years of continuous of service. 6 93/94 ARTICLE 11 Health care plan contributions Effective July 1, 1989, The CITY agrees to cap its contribution to employee health care plans at $400.00 per month. The NBP&TEA and the City agree to expand the IRS section 125 plan to the fullest extent allowed by law. This will be accomplished through the selection of a qualified section 125 plan administrator. ARTICLE 12 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 13 Medical Advisory Committee Effective July 1, 1990, The CITY shall meet with a medical - dental advisory committee during the months of July, December, February and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. Additional unscheduled meetings may be called by either a majority of the members or the Personnel Director. The NBP&TEA and the City worked together in the selection of a new health care provider. This process involved participation in the Medical Advisory Committee, and further dialog at the bargaining table. 7 93/94 ARTICLE 14 Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS (A) "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. (B) "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (C) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). (D) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications following a meet and consult process which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to 93/94 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. PROCEDURES In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (A) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (B) Employees within a Classification shall be laid off in inverse order of seniority; (C) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping Rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (D) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. NOTICE Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. RE-EMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the 9 93/94 event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Personnel Director. EXPIRATION This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach. ARTICLE 15 Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. ARTICLE 16 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or 10 r 93/94 terminal illness in his/her immediate family". ARTICLE 17 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. Incumbents shall not be required to compete or otherwise qualify for positions reclassified on the basis 11 • • 93/94 of the duties those employees perform. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgement of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. ARTICLE 18 Tuition Reimbursement Tuition reimbursement will be brought to a maximum of the 1992 costs of the part-time student status at U.C.I. Benefits may be accessed to a maximum lump sum of $2,213.00 per fiscal year. ARTICLE 19 Labor -Management Committee The City will work with NBP&TEA leadership, through its managers, to establish labor-management committees departmentally whenever it is mutually determined it is appropiate to do so. ARTICLE 20 Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. ARTICLE 21 Ridesharing The City will actively seek input from NBP&TEA members on carpooling/ridesharing programs prior to their development. • • 93/94 ARTICLE 22 Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. ARTICLE 23 Performance Evaluation The City and the NBP&TEA agree to modify the language in the "performance evaluation" article in the MOU to conform to the following: a. PREPARATION: Review the employees previous evaluation and identify changes in performance. All Performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. b. COMPLETION OF THE RATING: Review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. c. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the 13 93/94 rater's Department head prior to completion. d. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedures. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. f . RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and the NBP&TEA agree to expand the grievance procedure as it relates to performance evaluations, permitting them to be appealed to the 4th step of the grievance procedure. ARTICLE 24 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt 14 • • 93/94 with as currently provided in the Discipline Code. ARTICLE 25 Other Terms and Conditions of Employment Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. ARTICLE 26 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressively waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE 27 Duration The terms of this MOU are to remain in full force and effect from the 1st day of July, 1993, until the 31st day of December, 1994, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, or if either part serves written notice upon the other of its desire to make changes in this MOU. The timetable for submission of bargaining proposals from the association are due on or before September 1, 1994 ARTICLE 28 15 • • 93/94 Separability Should any part of this MOU or any provision herein contained by rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. 16 • 0 Executed this at day of bit' , 1993 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION by: by: by: by: CITY OF NEWPORT BEACH by: by: APP VED AS TO FORM: City Attorney z,,% j c Mark Puglisi Gary 11;erg Lee Buzzard .4p) ,,d/ Duane K. M son Dennis Danner ATTEST: di),/ji.%/ Le' City Clerk Exhibit #2 MEMORANDUM OF UNDERSTANDING 503. 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. 503.1 DEFINITIONS. (A) "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. (B) "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (C) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). (D) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications following a meet and consult process which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed by. an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 503.2 PROCEDURES. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (A) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (B) Employees within a Classification shall be laid off in inverse order of seniority; (C) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping Rights shall notify the Department Director within three (3) working days after notice of ►ayoff of his/her intention to exercise Bumping Rights. (D) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. 503.3 NOTICE. Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 503.4 RE-EMPLOYMENT. Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall 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 themselves of the EARLY RETIREMENT PROGRAM and provide binding notice of intent to do so on or before April 30, 1993, then the City is confident that three (3) additional NBP&TEA members will be subject to layoff , and that two (2) additional NBP&TEA members will be subject to a classification downgrading. Such actions would almost certainly be implemented on or about June 30, 1993. However, the City makes it abundantly clear to the NBP&TEA that the total number of layoffs to be implemented during any future period of time cannot be stated with any absolute specificity. The concerns stated in Section 503 of the LAYOFF POLICY will require the City to consistently reassess its layoff requirements. However, and if the total number of required layoffs differ in number from the two (2) described above, the City will certainly provide advanced notice of such implementation to the NBP&TEA and will, at the NBP&TEA's request, engage the Meet and Confer process as to the jmpact of the decision to make further layoffs. If the content of this letter reflects our mutual understanding, then we would appreciate the NBP&TEA's signature on this document, verifying that agreement. cerely,. Dukne K. Munson Personnel Director AGREED - Newport Beach Professional & Technical Employees Association Date: K —,,2 9 - 93 Signature: Date: If - ti 3 Signature: Date: - Signature: Date: 4 - Z') - Gi 3 Signature: • • 92/93 NBP&TEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAUTECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1992-1993 fiscal years. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1992-1993 fiscal years. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective November 9, 1992, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Wages and salaries shall remain unchanged during during the 92/93 life of this MOU; however, the City agrees to reopen on wages or salaries if during the life of this MOU the City grants an increase in wages or salaries to any other association. If the reopener occurs the dialog will be focused on either the percentage granted the association or the formula used to arrive at that percentage. During the life of this MOU, the City will develop a system for the direct deposit of paychecks to the participating Federal Wire Service Bank of the employee's choice. ARTICLE 2 9/80 Scheduling Plan The City agrees to maintain flex -scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the department director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the department director will meet with the work group to resolve the problem. If the department director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success/failure of the 9/80 schedule test will be conducted by the department director, and his/her determination shall be final. ARTICLE 3 Flexible leave Professional and Technical employees hired before July 1, 1990, will have the option to either remain in the traditional vacation/sick leave program or to participate in the Flexible Leave Program. The election of these employees to select their preference 2 • • 92/93 in a leave program will be limited to a "one time" open enrollment offered only between July 1, and September 1, of 1990. All employees hired after July 1, 1990, will be placed in the new flexible leave program. Effective July 1, 1991, the City agrees to eliminate the one day waiting period, to gain access to sick leave banks, for employees who are verifiably ill. The City and the NBP&TEA agree to allow for a one time reverse enrollment from the Flex -leave system back to the traditional vacation/sick leave system. Any employee, hired prior to July 1, 1989, wishing to return to the traditional system of vacation/sick leave may elect to do so during a one month period to be determined by agreement between the NBP&TEA and the City. During the term of this MOU the City will continue to work with representatives of NBP&TEA to seek modification of the the Flex - leave system so as to meet the reporting of compensation requirements of PERS. The NBP&PEA and the City agree to add one day to the accrual schedule of the Flex -leave program for employees who have completed 12 or more years of consecutive service for the City. (See appendix "A" for revised flex -leave accrual schedule) ARTICLE 4 Night Shift Differential Effective July 1, 1990, the night shift differential shall be increased from $0.75 to $1.00 per hour. ARTICLE 5 Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance Policy. ARTICLE 6 Vacation Accrual 3 • • 92/93 The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 7 Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE 8 The Retirement Benefit The CITY will modify its contract with P.E.R.S. to allow for the best/highest year calculation. The City will pay the total cost of the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. The City agrees to hold the cost shift of the PERS highest year benefit at the 60% City and 40% employee level for the balance of the fiscal year. The advancement of the cost shift will progress to 40% City and 60% employee in fiscal year 93-94, 20% City and 80% employee in fiscal year 94-95, and 100% employee in fiscal year 95-96 and thereafter. This modification in the cost shift, by agreement between the NBP&TEA and the City, is to be effective immediately. Employees who elect to do so will still be allowed to pay their own P.E.R.S. contributions in their last year of employment. ARTICLE 9 Holidays Effective with the beginning of the 1986 - 1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus 4 92/93 Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the fiscal year. Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. Effective June 29, 1991 newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. At the same time "floating holiday" eligibility will be modified to allow for newly hired employees to earn their first floating holiday credit {eight (8) hours} at the same time as they receive their regular appointment status, which follows the successful completion of their probationary period. The CITY agrees to post the accrual of sick and vacation leave biweekly, and to merge floating holidays into the vacation accrual system effective January 1, 1990. ARTICLE 10 Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 years 4 hours per month 1 - 2 years 5 hours per month 2 - 3 years 6 hours per month 3 - 4 years 7 hours per month 4 + years 8 hours per month Employees accruing sick leave hours under the above formula 5 • • 92/93 and enrolled in the CITY's Disability Program will be eligible for CITY paid Disability Insurance premiums as follows: For the first three years of employment the employee receives, 50% at 88 hours and 100% at 208 hours. After three (3) years continuous service, and less than five (5) years of continuous employment, employees will receive 50% at 160 hours and 100% at 208 hours. After five (5) years of continuous employment and thereafter employees will receive 50% at 160 hours and 100% at 320 hours once this level has been achieved, the employee will be required to maintain the same number of hours as required of other permanent employees. When an employee having five years of continuous service, but less than ten with the CITY is on an approved disability leave of absence (up to a maximum of one-year), the CITY will pay one-third of the cost of the employee's insurance premiums (health, dental, life and disability); for an employee with ten years of continuous service, but Tess than fifteen, the CITY will pay two-thirds of the cost; the CITY will pay the entire cost for an employee with fifteen or more years of continuous of service. 6 92/93 ARTICLE 11 Health care plan contributions Effective July 1, 1989, The CITY agrees to cap its contribution to employee health care plans at $400.00 per month. The NBP&TEA and the City agree to expand the IRS section 125 plan to the fullest extent allowed by law. This will be accomplished through the selection of a qualified section 125 plan administrator. ARTICLE 12 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 13 Medical Advisory Committee Effective July 1, 1990, The CITY shall meet with a medical - dental advisory committee during the months of July, December, February and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. Additional unscheduled meetings may be called by either a majority of the members or the Personnel Director. The NBP&TEA and the City worked together in the selection of a new health care provider. This process involved participation in the Medical Advisory Committee, and further dialog at the bargaining table. 7 • • 92/93 ARTICLE 14 Layoff Seniority is defined as the length of service of an employee, dating from the employee's last date of hire. Any right based upon seniority shall not accrue to any employee until the employee attains permanent status as defined in Section 2 of the Newport Beach Personnel Policies. In the event CITY determines to lay off employees, CITY shall consider the following factors: 1. Ability to perform work required and the manner in which employee has previously performed the work; and, 2. Length of seniority. ARTICLE 15 Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. ARTICLE 16 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family". ARTICLE 17 Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to 8 92/93 ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their department director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the department director. The department director will consider the request and within 60 days either reject it at his/her level or refer it to the Personnel Department for further evaluation. If the department director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Personnel Department. The Personnel Department will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Personnel Department as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of the employee(s) in the position. Incumbents shall not be required to compete or otherwise qualify for positions reclassified on the basis of the duties those employees perform. When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgement of the department director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director 9 92/93 shall be returned to the employee with a written statement of the reasons for the denial. ARTICLE 18 Tuition Reimbursement Tuition reimbursement will be brought to a maximum of the 1992 costs of the part-time student status at U.C.I. Benefits may be accessed to a maximum lump sum of $2,213.00 per fiscal year. ARTICLE 19 Labor -Management Committee The City will work with NBP&TEA leadership, through its managers, to establish labor-management committees departmentally whenever it is mutually determined it is appropiate to do so. ARTICLE 20 Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. ARTICLE 21 Ridesharing The City will actively seek input from NBP&TEA members on carpooling/ridesharing programs prior to their development. ARTICLE 22 Promotional Preference Where no Tess than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit member access to the announcements. 1 o • • 92/93 ARTICLE 23 Performance Evaluation 1. PREPARATION: Review the employees previous evaluation and identify changes in performance. Note changes and the reasons why. Review established job duties that were discussed with the employee and provided to him in writing at the beginning of the rating period. Review established performance standards for each job duty described above, which were also discussed with the employee and provided to him in writing at the outset of the rating period. List specific incidents or products that illustrate and support the formal ratings in each performance category. Prepare established job duties and performance standards for presentation to the employee at the beginning of the next rating period. 2. COMPLETION OF THE RATING: Review all documentation and its relationship to job duties and performance standards. Assign ratings to each item on the form, basing them on factual information and upon objective of observable behavior. Write narrative information and examples to support the ratings, especially those that are weak or strong or have changed from the previous evaluation. 3. REVIEW PROCESS: The evaluation must be approved by the rater's Department head prior to presentation to the employee. Present the evaluation to the employee in an environment conducive to clear communication. Resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the raters Department head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department head review is completed. Evaluations with an overall rating of Improvement Needed or 11 • • 92/93 Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedures. The employee may attach a rebuttal to any evaluation prior to its placement in his permanent personnel file. 5. RATING SCHEDULE: All employees will receive a performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. ARTICLE 24 Grievance Procedure - Step Four Step Four: Within 20 calendar days of receipt of a grievance denial at step three the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. ARTICLE 25 Other Terms and Conditions of Employment Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. ARTICLE 26 12 • • 92/93 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressively waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE 27 Duration The terms of this MOU are to remain in full force and effect from the 9th day of November, 1992, until the 1st day of July, 1993, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either part serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 28 Separability Should any part of this MOU or any provision herein contained by rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. 13 • • Executed this loth day of February , 1993 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION by: Mark Puglisi by: by: by: � ,, 1 2�r . *e Buzzard CITY OF NEWPORT BEACH by: by: APPR VED AS TO FORM: City Attorney Duane K. Munson Dennis Danner `•• MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1990-1991 fiscal year. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1990-1991 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 30, 1990, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 30, 1990, CITY and NBPTEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". The CITY will meet with the president of the NBPTEA, at the request of the association, to consider modifications in the benchmarks. These meetings will be limited to the month of January of each year. ARTICLE 2 Flexible leave Professional and Technical employees hired before July 1, 1990, will have the option to either remain in the traditional vacation/sick leave program or to participate in the Flexible Leave Program. The election of these employees to select their preference in a leave program will be limited to a "one time" open enrollment offered only between July 1, and September 1, of 1990. All employees hired after July 1, 1990, will be placed in the new flexible leave program. ARTICLE 3 Night Shift Differential Effective July 1, 1990, the night shift differential shall be increased from $0.75 to $1.00 per hour. ARTICLE 4 Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance Policy. • • ARTICLE 5 Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 6 Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE 7 The Retirement Benefit The CITY will modify its contract with P.E.R.S. to allow for the best/highest year calculation. The City will pay the total cost of the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so will still be allowed to pay their own P.E.R.S. contributions in their last year of employment. ARTICLE 8 Holidays Effective with the beginning of the 1986 - 1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the fiscal year Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY agrees to post the accrual of sick and vacation leave biweekly, and to merge floating holidays into the vacation accrual system effective January 1,1990. In order to achieve two 4-day weekends, the Professional and Technical employees will exchange one floating holiday (one time only) in 1990-91 for the mornings of both Christmas and New Year's eve which are normally scheduled work periods. ARTICLE 9 Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 -1 years 1-2years 2 - 3 years 3 - 4 years 4 + years 4 hours per month 5 hours per month 6 hours per month 7 hours per month 8 hours per month Employees accruing sick leave hours under the above formula and enrolled in the CITY's Disability Program will be eligible for CITY paid Disability Insurance premiums as follows: 50% at 88 hours 100% at 208 hours After 3 years continuous service, employees will be required to maintain the same number of hours as required of other permanent employees. When an employee having five years of continuous service, but less than ten with the CITY is on an approved disability leave of absence (up to a maximum of one-year), the CITY will pay one-third of the cost of the employee's insurance premiums (health, dental, life and disability); for an employee with ten years of continuous service, but less than fifteen, the CITY will pay two-thirds of the cost; the CITY will pay the entire cost for an employee with fifteen or more years of continuous of service. ARTICLE 10 Health care plan contributions Effective July 1, 1989, The CITY agrees to cap its contribution to employee health care plans at $400.00 per month. ARTICLE 11 • • Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 12 Medical Advisory Committee Effective July 1, 1990, The CITY shall meet with a medical -dental advisory committee during the months of July, December, February and April. The committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. Additional unscheduled meetings may be called by either a majority of the members or the Personnel Director. ARTICLE 13 Labor -Management Committee The CITY will work with NBPTEA leadership, through its department managers, to establish labor-management committees departmentally whenever it is mutually determined it is appropriate to do so. ARTICLE 14 Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. • • ARTICLE 15 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family". ARTICLE 16 Position Reclassification Effective July 1,1989, The CITY will modify section #502 of the personnel resolution to clarify the method by which employees may request consideration for redassification of their position. ARTICLE 17 Check Stub Design The CITY will consider changes in the design of the payroll check stub recommended and approved by the NBPTEA board. ARTICLE 18 Tuition Reimbursement Tuition reimbursement will be brought to a maximum of the 1990-91 costs of the part-time student status at U.C.I. Benefits may be accessed in a lump sum. ARTICLE 19 • • Drug Testing The N.B.P.&T.E.A. will participate in an ad hoc committee to prepare a drug testing for cause policy. ARTICLE 20 Handbook The City will prepare a handbook of rules, benefits, and policies to be distributed to all covered employees. ARTICLE 21 Other Terms and Conditions of Employment Except as to those matters expressly covered by this MOU, all terms and conditions of employment may be changed or amended after meeting and conferring, in good faith. ARTICLE 22 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representations, whether or not specifically met and conferred about prior to the execution of this MOU and not set forth herein. ARTICLE 23 Duration l The terms of this MOU are to remain in full force and effect from the 30th day of June, 1990, until the 1st day of July, 1991, and thereafter, from year- to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer - Employee Relations Resolution, either part serves written notice upon the other of its desire to make changes in this MOU. ARTICLE 24 Separability Should any part of this MOU or any provision herein contained by rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. • 1990-91 • EXHIBIT "A" PROFESSIONAL & TECHNICAL CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE BUILDING INSPECTOR I 4-022 2633- 3200 BUILDING INSPECTOR II 4-025 2764- 3360 BUILDING INSPECTOR, SENIOR 4-030 2902- 3528 CHIEF BUILDING INSPECTOR 4-035 3524- 4284 CHIEF ENGINEERING TECHNICIAN 4-040 2902- 3528 CIVIL ENGINEER 4-050 3987- 4846 CIVIL ENGINEER, ASSISTANT 4-062 3360- 4084 CIVIL ENGINEER, ASSOCIATE 4-064 3618- 4397 CODE ENFORCEMENT SUPERVISOR 4-066 3360- 4084 CODE ENFORCEMENT OFFICER, SR. 4-067 3047- 3704 CODE ENFORCEMENT OFFICER 4-068 2764- 3360 ENGINEERING TECHNICIAN I 4-070 2274- 2764 ENGINEERING TECHNICIAN II 4-075 2507- 3047 ENGINEERING TECHNICIAN, SENIOR 4-080 2764- 3360 ENVIRON COORD/PROJECT PLANNER 4-085 3704- 4503 FIELD ENGINEER 4-087 4089- 4970 GEOBASE SPECIALIST 4-088 2921- 3550 GEOBASE ASSISTANT 4-089 2004- 2436 PARALEGAL SECRETARY 4-102 2397- 2914 PC COORDINATOR 4-103 2921- 3550 PERMIT TECHNICAN 4-105 2764- 3360 PLANNER, ASSISTANT 4-107 2764- 3360 PLANNER, ASSOCIATE 4-108 3047- 3704 PLANNER, SENIOR 4-112 3442- 4184 PROGRAMMER 4-114 2649- 3220 • 1990-91 • EXHIBIT "A" PROFESSIONAL & TECHNICAL CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE PROGRAMMER ASSISTANT 4-117 1740- 2115 PUBLIC WORKS INSPECTOR I 4-120 2832- 3442 PUBLIC WORKS INSPECTOR II 4-122 2973- 3614 PUBLIC WORKS SPECIALIST 4-124 3047- 3704 SURVEY INSTRUMENTWORKER 4-135 2507- 3047 SURVEY PARTY CHIEF 4-140 2902- 3528 SYSTEMS ANALYST 4-145 3091- 3758 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 1.00 PER HOUR NIGHT DIFFERENTIAL PAY. 89-90 • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESIONAL/TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1989-1990 fiscal year. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1989-1990 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. 89-90 NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 1, 1989, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1989, CITY and NBPTEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". The CITY will meet with the president of the NBPTEA, at the request of the association, to consider modifications in the benchmarks. These meetings will be limited to the month of January of each year. ARTICLE 2 Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE 3 Night Shift Differential Effective July 1, 1989, the night shift differential shall be increased from $0.60 to $0.75 per hour. 89-90 ARTICLE 4 Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance Policy. ARTICLE 5 Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE 6 Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE 7 The Retirement Benefit The CITY will modify its contract with P.E.R.S. to allow for the best/highest year calculation. The City will pay the total cost of the highest year benefit for the first year and phase it into total comp. at the rate of an additional 20% per year until it is 100% included in the total comp. calculation. Employees who elect to do so will still be allowed to pay their own P.E.R.S. contributions in their last year of employment. This benefit will be implemented as soon as all miscellaneous groups have agreed to accept this benefit. 3 89-90 ARTICLE 8 Holidays Effective with the beginning of the 1986 - 1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the fiscal year Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY agrees to post the accrual of sick and vacation leave biweekly, and to merge floating holidays into the vacation accrual system effective January 1, 1990. ARTICLE 9 Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 -1 years 4 hours per month 1 - 2 years 5 hours per month 89-90 2 - 3 years 3 - 4 years 4 + years 6 hours per month 7 hours per month 8 hours per month Employees accruing sick leave hours under the above formula and enrolled in the CITY's Disability Program will be eligible for CITY paid Disability Insurance premiums as follows: 50% at 88 hours 100% at 208 hours After 3 years service, and years service, employees will be required to maintain the same number of hours as required of other permanent employees. ARTICLE 10 Health care plan contributions Effective July 1, 1989, The CITY agrees to cap its contribution to employee health care plans at $400.00 per month. ARTICLE 11 Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00 ARTICLE 12 Medical Advisory Committee Effective July 1, 1989, The CITY shall meet with a medical -dental advisory committee during the months of December, February and April. The 5 89-90 committee shall be comprised of one representative from each bargaining unit and up to 3 management representatives. Committee advisory functions shall include, determination of coverage, preparation and solicitation of bids, consultation with the CITY's broker, determination of plan coverages, selection of carrier and coverage options. Meetings and determinations shall be coordinated to facilitate inclusion in the collective bargaining process. ARTICLE 13 Labor -Management Committee The CITY will work with NBPTEA leadership, through its department managers, to establish labor-management committees departmentally whenever it is mutually determined it is appropriate to do so. ARTICLE 14 Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. ARTICLE 15 Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family". 89-90 ARTICLE 16 Position Reclassification Effective July 1,1989, The CITY will modify section #502 of the personnel resolution to clarify the method by which employees may request consideration for reclassification of their position. ARTICLE 17 Check Stub Design The CITY will consider changes in the design of the payroll check stub recommended and approved by the NBP1 EA board. ARTICLE 18 Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither party shall be compelled, and each part expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representations, whether or not specifically met and conferred about prior to the execution of this MOU and not set forth herein. ARTICLE 19 Duration The terms of this MOU are to remain in full force and effect from the 1st day of July, 1989, until the 29th day of June, 1990, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either part serves written notice upon the other of its desire to make changes in this MOU. 7 89-90 ARTICLE 20 Separability Should any part of this MOU or any provision herein contained by rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. e Executed this /Da> day of , 1989 NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION i by: by: by: Gl CITY OF NEWPORT BEACH by: by: by: APPROVED AS TO FORM: i ity Attorney By: Al !EST: cc"-, Craig Bluell Janice Manning James Brahler Duane K Munson Sadao, Mayor City Clerk ill 1989-90 411 EXHIBIT "A" PROFESSIONAL & TECHNICAL CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE BUILDING INSPECTOR I 4-022 2434- 2958 BUILDING INSPECTOR II 4-025 2555- 3106 BUILDING INSPECTOR, SENIOR 4-030 2683- 3261 CHIEF BUILDING INSPECTOR 4-035 3258- 3960 CHIEF ENGINEERING TECHNICIAN 4-040 2683- 3261 CIVIL ENGINEER 4-050 3595- 4370 CIVIL ENGINEER, ASSISTANT 4-062 3106- 3775 CIVIL ENGINEER, ASSOCIATE 4-064 3344- 4065 CODE ENFORCEMENT OFFICER 4-066 2817- 3424 CODE ENFORCEMENT OFFICER, ASST 4-068 2555- 3106 ENGINEERING TECHNICIAN I 4-070 2102- 2555 ENGINEERING TECHNICIAN II 4-075 2318- 2817 ENGINEERING TECHNICIAN, SENIOR 4-080 2555- 3106 ENVIRON COORD/PROJECT PLANNER 4-085 3424- 4162 FIELD ENGINEER 4-087 3503- 4258 GEOBASE SPECIALIST 4-088 2700- 3282 GEOBASE ASSISTANT 4-089 1852- 2251 PARALEGAL SECRETARY 4-102 2216- 2693 PC COORDINATOR 4-103 2700- 3282 PERMIT TECHNICAN 4-105 2555- 3106 PLANNER, ASSISTANT 4-107 2555- 3106 PLANNER, ASSOCIATE 4-108 2817- 3424 PLANNER, PRINCIPAL 4-110 3424- 4162 PLANNER, SENIOR 4-112 3182- 3868 PROGRAMMER 4-114 2448- 2977 411 1989-90 411 EXHIBIT "A" PROFESSIONAL & TECHNICAL CLASS CLASSIFICATION CODE PROGRAMMER ASSISTANT 4-117 PUBLIC WORKS INSPECTOR I 4-120 PUBLIC WORKS INSPECTOR II 4-122 PUBLIC WORKS SPECIALIST 4-124 SURVEY INSTRUMENTWORKER 4-135 SURVEY PARTY CHIEF 4-140 SYSTEMS ANALYST 4-145 MONTHLY SALARY RANGE 1608- 1955 2618- 3182 2749- 3341 2683- 3261 2318- 2817 2683- 3261 2858- 3474 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.75 PER HOUR NIGHT DIFFERENTIAL PAY. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1987-1988 fiscal year. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1987-1988 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 4, 1987, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 4, 1987, CITY and NBPTEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE III Night Shift Differential Effective July 5, 1986, the night shift differential shall shall be increased from $.425 to $.60 per hour. Z • • ARTICLE IV Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance policy. ARTICLE V Vacation Accrual Effective July 1, 1986, the CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE VI Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE VII Holidays Effective with the beginning of the 1986 - 1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the fiscal year. 3 Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY encourages eligible employees to use their floating holidays annually prior to their use of any vacation time. ARTICLE VIII Holiday Pay Eligibility Effective July 4, 1987, the Personnel Resolution shall be modified to reflect the following limitations on eligibility for Holiday Pay: 1.) Holiday Pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday, or are on authorized leave (e.g. approved vacation or sick leave that has been reviewed and approved by the Department Director. 2.) Employees will be. eligible to receive Holiday Pay only after they have been in active paid status for 30 consecutive calendar days. ARTICLE IX Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 years 1 - 2 years 2 - 3 years 3 - 4 years 4 ++ years 4 hours per month 6 hours per month 6 hours per month 7 hours per month 8 hours per month Employees accruing sick leave hours under the above formula and enrolled in the City's Disability Program will be eligible for City paid Disability Insurance premiums as follows' 50 % at 88 hours 100 % at 208 hours After 3 years service, and 5 years service, employees will be required to maintain the same number of hours as required of other permanent employees. ARTICLE X Sick Leave Conversion Effective July 4, 1987, employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 40 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six 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 be at the approval of the Department Director • ARTICLE XI Retirement Option Effective July 4, 1987, employees may, at their option, elect to declare their intent to retire 12 months prior to the effective date of retirement. Concurrent with this declaration, the employee may direct the City to move the employee portion of the PERS contribution, currently paid directly to PERS by the City, to the employee's gross pay and deduct that amount from the paycheck to be paid to PERS as is required by contract. This action on the part of the employee would result in a higher basis from which retirement benefits would be calculated as well as a higher taxable income during their last year of employment. ARTICLE XII Tuition Reimbursement Effective July 4, 1987, the tuition reimbursement limits will be increased to the same level as charged by the University of California at Irvine for part-time student enrollees (including parking fees) as of Spring 1987. The annual combination of UCI tuition and parking fees, as of Spring 1987, is $1,275.00 which will modify the City reimbursement limits to be as follows: $1,275.00 maximum per year $ 637.50 maximum per semester $ 427.33 maximum per quarter *Note: Tuition reimbursement is calculated on a calendar year. ARTICLE XII Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the premium cost associated with the dependent coverage in accordance with their time in service to the City. The schedule is as follows! 1st year 2nd year 3rd year 4th year -plus, employee pays 100% employee pays 66% employees pays 33% the employee will receive the same dependent health benefit percentage covered by the CITY as all full,time regular employees hired before 7/5/86. ARTICLE XIV Dental Effective July 5, 1986, the annual maximum benefit under the indemnity dental plan will be increased from $750.00 to $1,000.00. ARTICLE XV Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers as long as the following conditions have been satisfied: 1.) The new provider must have a service reputation equal to, or better than the incumbent provider. 7 ea 2.) The new provider must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised of the bid status and allowed to submit a competitive bid at the same time as the others. ARTICLE XVI Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. Effective July 4, 1987, the eligibility definition for 'family sick leave' will be changed from 'immediate family' to 'dependant'. ARTICLE XVII Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family". ARTICLE XVIII Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligent, shall be entitled to prior written notice of intent to discipline at least seven (7) calendar prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of discipline intended, and the employee shall be offered the opportunity to a hearing before their department director prior to the imposition of the penalty. a 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 in any way to reduce the rights of employees to due process. Employees who have become the subject of discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the 'Employee -Employer' Resolution #7173. ARTICLE XIX Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU and not set forth herein. ARTICLE XX Duration The terms of this MOU are to remain in full force and effect from the 4th day of July, 1987, until the 1st day of July, 1988, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XXI Separability Should any part of this MOD 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 MOD shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOD relating to pay schedule adjustment increases be declared invalid. Executed this ✓t S day of / / 1987. Eh NEWPORT BEACH PROFE SIGNAL CAL EMPLOYEES ASSN c By CITY OF NEWPORT B APpROYE A'TO FO City Attorney City of Newport Beach By By By Duane K. Mune By Mayo ATTEST: )0 EXHIBIT "A" PROFESSIONAL L TECHNICAL CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE • ASSISTANT CIVIL ENGINEER 4-005 2952-3588 ASSISTANT PLANNER 4-010 2428-2952 ASSOCIATE CIVIL ENGINEER 4-015 3178-3863 ASSOCIATE PLANNER 4-020 2677-3254 BUILDING INSPECTOR I 4-025 2428-2952 BUILDING INSPECTOR II 4-030 2550-3099 CHIEF BUILDING INSPECTOR 4-J35 3096-3764 CHIEF ORAFTPERSON 4-040 2550-3099 CIVIL ENGINEER 4-050 3417-4153 CODE ENFORCEMENT OFFICER 4-055 2677-3254 •DOCUMENTATION ANALYST 4-065 1970-2395 ENGINEERING AIDE I 4-070 1998-2428 ENGINEERING AIDE II 4-075 2203-2677 ENGINEERING AIDE III 4-080 2428-2952 ENG'NG E TRAIN'NG TECHNICIAN 4-082 2690-3270 ENVIRON COORD/PROJECT PLANNER 4-085 3254-3956 FIELD ENGINEER 4-087 3329-4047 LIBRARIAN I 4-090 2159-2625 LIBRARIAN II 4-095 2381-2894 LIBRARIAN III 4-100 2625-3190 PARALEGAL SECRETARY 4-102 2106-2560 • PERMIT TECHNICAN 4-105 2428-2952 PLAN CHECK ENGINEER 4-110 2949-3584 PROGRAMMER ANALYST 4-115 2515-3057 PUBLIC WORKS INSPECTOR 4-120 2488-3024 III • " EXHIBIT "A" •PROFESSIONAL L TECHNICAL CLASSIFICATION CLASS CODE MONTHLY SALARY RANGE 411/NIOR PLANNER 4-130 3024-3676 SURVEY INSTRUMENTWORNER 4-135 2233-2677 SURVEY PARTY CHIEF 4-140 2550-3099 SYSTEMS ANALYST 4-145 2716-3301 TELECOMMUNICATIONS TECHNICIAN 4-148 2556-3107 TRAFFIC ENGINEERING TECHNICIAN 4-150 2428-2952 TRAINING COORDINATOR 4-155 3010-3658 EMPLOYEES ASSIGNED TC REGULAR FULL-TIME SHIFTS AT NIGHT SHALL RECEIVE $ 0.6C PER HOUR NIGHT DIFFERENTIAL PAY. • • MEMOONDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION 6 This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1986-1987 fiscal year. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1986-1987 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective July 5, 1986, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 5, 1986, CITY and NBPTEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE III Night Shift Differential Effective July 5, 1986, the night shift differential shall shall be increased from $.425 to $.60 per hour. ARTICLE IV Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance policy. ARTICLE V Vacation Accrual The CITY will maintain its current vacation accrual schedule, but will reduce the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and 21 years to 20 years. ARTICLE VI Retiree Medical Insurance The CITY will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the CITY. ARTICLE VII Holidays Effective with the beginning of the 1986 - 1987 Fiscal Year and for every year thereafter, the CITY will consider 'Columbus Day' a normal business day, and conduct normal operations on 'Columbus Day'. The Holiday formally observed city-wide on 'Columbus Day' will be converted to a floating holiday which may be used by any eligible employee, with supervisory approval, any time during the fiscal year. 3 • Full-time, regular employees hired on or after July 5, 1986, must have worked for the CITY for a minimum of one year to be eligible for this holiday. All full-time, regular employees will be eligible for the 'birthday holiday' from their date of hire. Although this holiday is granted to the employee in honor of their birthday, the employee may use this benefit, with supervisory approval, at any time during the fiscal year. The CITY encourages eligible employees to use their floating holidays annually prior to their use of any vacation time. ARTICLE VIII Sick Leave Full-time, regular employees hired on or after July 5, 1986, will accrue sick leave in the following manner: 0 - 1 years 4 hours per month 1 - 2 years 5 hours per month 2 - 3 years 6 hours per month 3 - 4 years 7 hours per month 4 ++ years 8 hours per month Employees accruing sick leave hours under the above formula and enrolled in the City's Disability Program will be eligible for City paid Disability Insurance premiums as follows; 50 % at 88 hours 100 % at 208 hours After 3 years service, and 5 years service, employees will be required to maintain the same number of hours as required of other permanent employees. y ARTICLE IX Dependent Medical Insurance Premiums Full-time, regular employees hired on or after July 5, 1986, who choose to subscribe to dependent medical insurance will be required to pay portions of the coverage in accordance schedule is as follows; 1st 2nd 3rd 4th year year year year premium cost associated with the dependent with their time in service to the City. The employee pays 100% employee pays 66% employees pays 33% - plus, the employee will receive the same dependent health benefit percentage covered by the CITY as all full,time regular employees hired before 7/5/86. ARTICLE X Dental Effective July 5, 1986, the annual indemnity dental plan will be $1,000.00. maximum benefit under the increased from $750.00 to ARTICLE XI Administration of Health Maintenance Organization Contracts The NBCEA authorizes the CITY'S Personnel Director to test the Health Maintenance Organization (HMO) provider contracts against market bids, and change providers have been satisfied: 1.) The new provider better than the incumbent provider. as long as the following conditions must have a service reputation equal to, or 2.) The new provider •must have as many or more facilities than the incumbent provider. 3.) The new provider's bid must be at least 10% lower than that of the incumbent provider. 4.) The incumbent provider will be advised sof the bid status and allowed to submit a competitive bid at the same time as the others. ARTICLE XII Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. ARTICLE XIII Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family". ARTICLE XIV Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the G other; concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU and not set forth herein. ARTICLE XV Duration The terms of this MOU are to remain in full force and effect from the 5th day of July, 1986, until the 3rd day of July, 1987, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE XVI Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. 2 Executed this day of 19. NEWPORT BEACH PROFE SIONAL/TECHNICAL EMPLOYEES ASSN CITY OF NE ' ORT ?BEACH I By AP ROVED AS T FORM: ROBERT H. BURNHAM City Attorney City of Newport Beach Rost Dixon By Duane K. Munson 8 • 110 • EXHIBIT "A" PROFESSIONAL C TECHNICAL CLASSIFICATION CLASS CODE MONTHLY SALARY RANGE ASSISTANT CIVIL ENGINEER 4-005 2807-3412 ASSISTANT PLANNER 4-010 2310-2E07 ASSOCIATE CIVIL ENGINEER 4-315 3023-3674 ASSOCIATE PLANNER 4-223 2546-3395 BUILDING INSPECTOR I 4-025 2310-2807 BUILDING INSPECTOR II 4-030 2425-294E CHIEF BUILDING INSPECTOR 4-335 2945-358C CHIEF DRAFTPERSON 4-043 2425-294E CIVIL ENGINEER 4-05C 3250-3950 CODE ENFORCEMENT OFFICER 4-055 2546-3095 DOCUMENTATION ANALYST 4-065 1374-2278 ENGINEERING AIDE I 4-370 1900-231C ENGINEERING AIDE II 4-075 2095-2546 ENGINEERING AIDE III 4-0E0 2313-2807 ENG'NG S TRAIN'NG TECHNICIAN 4-0E2 2559-3110 ENVIRON COOPD/PROJECT PLANNER 4-085 3095-3762 LIBRARIAN 1 4-090 2354-2496 LIBRARIAN II 4-095 2264-2752 LIBRARIAN III 4-100 2496-3035 PARALEGAL SECRETARY 4-102 2003-2435 PERMIT TECHNICAN 4-105 2310-2807 PLAN CHECK ENGINEER 4-110 2805-3403 PROGRAMMER ANALYST 4-115 2392-2307 PUBLIC WORKS INSPECTOR 4-120 2366-2376 SENIOR PLANNER 4-130 2876-3496 EXHIBIT "A" PROFESSIONAL F. TECHNICAL CLASSIFICATION SURVEY INSTgUMENT'WO."<KER CLASS CODE MONTHLY SALARY RANGE 4-135 2095-2546 SURVEY PARTY CHIEF 4-14C 2425-2949 SYSTEMS ANALYST 4-145 2511-3053 TELECOMMUNICATIONS TECHNICIAN 4-148 2431-2955 TRAFFIC ENGINEERING TECHNICIAN 4-150 2310-2807 TRAINING COCRDINATOR 4-155 2862-3479 EMPLOYEES ASSIGNED TO REGULAR FULL-TIME SHIFTS AT .NIGHT SHALL RECEIVE 4 0.60 PER HOLR NIGHT DIFFERENTIAL PAY . tv /D MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1985-86 fiscal year. B. NBPTEA representatives have reached an agreement as to wages, hours, and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1985-86 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. 2 • • NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 22, 1985 subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 22, 1985, CITY and NBPTEA agree that the salaries for each classification will be set forth in the salary schedule attached hereto as Appendix "A". ARTICLE II Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE III Night Shift Differential Effective June 22, 1985, the night shift differential shall shall be increased from $.375 to $.425 per hour. 3 • ARTICLE IV Vision Care Effective July 1, 1985, a limited vision care program will be added to the City's Indemnity Insurance policy. ARTICLE V Family Sick Leave Policy Effective July 1, 1985, the Family Sick Leave provisions will be increased from 8 hours to 40 hours per year. ARTICLE VI Bereavement Leave Effective June 22, 1985, CITY shall amend the provision of the Bereavement Leave Policy currently applicable to affected "EMPLOYEES" as follows: "The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family". ARTICLE VII Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU and not set forth herein. q ARTICLE VIII Duration The terms of this MOU are to remain in full force and effect from the 22nd day of June, 1985, until the 4th day of July, 1986, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE IX Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid. 5 Executed this /-9, L•--day of-- 1985. NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSN CITY OF NEWPORT BEACH AP"►VED AS TO FORM: ROBERT H. BURNHAM City Attorney City of Newport Beach APPENDIX "A" PROFESSIONAL & TECHNICAL CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE ASSISTANT CIVIL ENGINEER 4-005 2573-3128 ASSISTANT PLANNER 4-01❑ 2117-2573 ASSOCIATE CIVIL ENGINEER 4-015 2771-3368 ASSOCIATE PLANNER 4-020 2334-2837 BUILDING INSPECTOR I 4-025 2117-2573 BUILDING INSPECTOR II 4-030 2223-2702 CHIEF BUILDING INSPECTOR 4-035 2699-3281 CHIEF DRAFTSMAN 4-040 2223-2702 CHIEF PLAN CHECK ENGINEER 4-045 3128-3802 CIVIL ENGINEER 4-050 2979-3621 CODE ENFORCEMENT OFFICER 4-055 2117-2573 DOCUMENTATION ANALYST 4-065 1718-2088 ENGINEERING AIDE I 4-070 1742-2117 ENGINEERING AIDE II 4-075 1920-2334 ENGINEERING AIOE III 4-080 2117-2573 ENVIRON COORD/PROJECT PLANNER 4-085 2837-3448 LIBRARIAN I 4-090 1883-2288 LIBRARIAN II 4-095 2076-2523 LIBRARIAN III 4-100 2288-2781 PARALEGAL SECRETARY 4-102 1836-2232 PERMIT TECHNICAN 4-105 2117-2573 PLAN CHECK ENGINEER 4-110 2571-3125 PROGRAMMER ANALYST 4-115 2192-2665 PUBLIC WORKS INSPECTOR 4-120 2169-2636 SENIOR PLANNER 4-130 2636-3205 7 • • APPENDIX "A" PROFESSIONAL & TECHNICAL CLASS MONTHLY CLASSIFICATION CODE SALARY RANGE SURVEY INSTRUMENTMAN 4-135 1920-2334 SURVEY PARTY CHIEF 4-140 2223-2702 SYSTEMS ANALYST 4-145 2302-2798 TRAFFIC ENGINEER TECHNICIAN 4-150 2117-2573 TRAINING COORDINATOR 4-155 2624-3189 8 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as 'EMPLOYEES") for the 1984-85 fiscal year. B. NBPTEA representatives have reached an agreement as to. wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1984-85 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 23, 1984, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 23, 1984, CITY AND NBPTEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appexdix "A". 2 ARTICLE II Retiree Health Insurance Plan On or about October 1, 1984, the CITY AND NBPTEA agree to reopen the contract for the purpose of meeting and conferring on the issue of providing a Retiree Health Insurance plan. The parties agree to limit the reopener to this item and to those items which may be affected should agreement be reached. ARTICLE III OTHER TERMS AND CONDITIONS OF EMPLOYMENT All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effective date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE IV Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, except for Article II of this agreement, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE V Duration The terms of this MOU are to remain in full force and effect from the 23rd day of June, 1984, until the 22nd day of June, 1985, and thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. • EXECUTED THIS • • 27� DAY OF ivVErnf C-4, 1984 NEWPORT BEACH PROFESS 0 AL/TECHNICAL EMPLOY -S ASSOCIATION CITY OF NEWPORT BEACH by by APPROVED AS TO FQ OBERT H. BURNHAM CITY ATTORNEY CITY OF NEWPORT BEACH b EXHIBIT "A" • • FOCUSED AMBULATORY SURGERY LIST o Arthroscopy - o Breast Biopsy - o Cataract Extraction - o Cystoscopy Dilation & o Hemorrhoidectoa4Y - o Herniorrhaphy -. o Meniscectomy - o Tonsillectomy and/or Adenoidectomy o Tubal Ligation - Examination and/or repair of the knee joint via the insertion of a scope. Removal of a small portion of breast tissue or "lump" for diagnosis. Removal of the lens from the eye. A bladder examination using a scope. Curettage - Expansion of the ostium uterus so that the uterine wall can be scraped. Removal of dilated veins from the rectal -anal area. Repair of weakness in the abdominal wall. Repair and/or removal of torn knee cartilage. Removal of diseased tonsils and/or adenoids. Female sterilization. 7 EXHIBIT "B" • • FOCUSED SECOND SURGICAL OPINION LIST o Hysterectomy o Dilation & Curettage (D&C) o Tonsillectomy and/or Adenoidectomy o Ball Bladder Surgery o Knee Surgery o Back or Disc Surgery o Varicose Vein Surgery o Heart Bypass Surgery o Heart Catheterization o Hernia Surgery o Mastectomy o Prostatectomy B Appendix B IIIThe City of Newport Beach and the Newport Beach Professional/ Technical Employees Association (hereinafter referred to as NBPTEA) have mutually agreed upon providing a Retiree Health Insurance Plan. Both parties agree to amend the 1984/85 Memo- orandum of Understanding in writing and to incorporate this amendment as part, of the Memorandum of Understanding for Fiscal Year 1984/85. • • 1. Effective July 1, 1985, the City and NBPTEA agree to provide a Retiree Health Insurance Plan through the City's indemnity health plan carrier. Both parties agree to amend the indemnity health plan contract to include a separate retiree plan. 2. The Retiree Plan will be combined with the Active Employee Plan and claims experience will determine the appropriate monthly premiums for both the Retiree and Active Employee Plans. 3. The Retiree Plan will be the same as the Active Plan except for the following: A. The Major Medical Benefits shall be as follows: 1) Lifetime Maximum Benefits $500,000 2) Deductible (calendar year) $200 (Fam:$600) 3) 80% of first $5,000 - 100% thereafter (calendar year) 4) Psychiatric, Inpatient: 60 days per 24 months 5) 100% coverage, no deductible, for: a) ambulatory surgery, per Exhibit "A" b) second surgical opinion, per Exhibit "B" c) X-ray and laboratory testing on out -patient basis prior to hospitalization for elective surgery. 6) Benefits will be paid on a 'carve -out' basis when combined with other group insurance or Medicare. This means that benefits are paid up to the maximum coverage (80%) under this plan including those payments the Retiree receive from any other plan. B. Dental, Life and basic medical coverage will not be provided. oZ • • 4. Retiree Plan Monthly Premium: A. The initial monthly premiums to provide this Plan shall be as follows: 1) Retiree only.- $92.00 2) Retiree & Dependent(s) - $184.00 B. The Retiree Contribution shall be fifty (50) percent of the monthly premium. 5. Active Employee/City Contribution: A. Each active employee shall pay $7.33 a month as their contribution to the Retiree Health Plan. This contribution is equivalent to twenty-five (25) percent of the total retiree health insurance premiums. B. The City shall pay $7.33 a month for each active employee as the City's contribution to the Retiree Health Plan. This .contribution is equivalent to twenty-five (25) percent of the total retiree health insurance premiums. C. The active employee and city contribution may be adjusted effective July 1, 1985, under the following circumstances: 1) Once the number of participating retirees is determined, and 2) Should the monthly premium for the Retiree and Retiree & Dependent categories be adjusted. D. Effective July 1 of each subsequent fiscal year, the Active employee and City Contribution shall be adjusted when the monthly premium and number of participants are determined. 3 //////////////// 6. Retiree Plan Conditions: A. Applicable to current employees: 1.) Employees who retire on or after May 1, 1985, must meet the following eligibility requirements: a) Must have completed at least ten (10) years of continuous full-time city service on the date of retirement, and b) Must have been awarded a retirement from the Public Employees Retirement System; and c) Retired from the City of Newport Beach. P.E.R.S. retirement benefits must commence no later than of the first day of the month following separation from City service. 2) Employees and enrolled dependents must enroll in the Retirees Health Plan forty-five (45) days prior to the retirement date. B. Applicable to Current Retirees: Current retired employees must meet the following eligibility requirements: 1) Must have completed at least ten (10) years of continuous full-time City service on the date of retirement; and 2) Must have been awarded a retirement from the Public Employees Retirement System; and 3) Must have retired from the City of Newport Beach. P.E.R.S. retirement benefits must have commenced no later than the first day of the month following the date of separation from City service. 4) Must enroll in the Plan by May 1, 1985. Failure to enroll by this date will result in the retiree not being eligible to participate in the Retiree Plan thereafter. / / / / / / / / / / / / / / • • C. Applicable to both current Employees and Retirees: 1) Upon the death of the Retiree, health insurance coverage for surviving enrolled spouse and/or dependents shall be terminated. Spouses and/or eligible dependents will be eligible for medical conversion coverage. 2) Coverage will be cancelled: a) Upon written request of the Retiree b) When the Retiree is more than 30 days in arrears in payment of monthly premiums, and only after proper notice has been given to the delinquent subscriber. c) Reinstatement of cov.erage shall not be allowed if the coverage has been cancelled. 3) Retirees and dependents who reach age 65, and are eligible for Part A Medicare coverage , must enroll in both Part A and Part B Medicare coverage. 4) while the City intends that this Retiree Health Insurance Plan shall be permanent, the City does reserve the right to modify or to terminate this Plan in the future should circumstances require such. In the event the Plan is terminated, enrolled subscriber and dependents shall be eli- gible for medical conversion coverage. / / / / / / / / / / / / / / / / / / / / / / MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL ASSOCIATION (hereinafter referred to as "NBPTEA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTEA (hereinafter referred to as "EMPLOYEES") for the 1983-84 fiscal year. B. NBPTEA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1983-84 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into by the parties hereto effective June 25, 1983, subject to approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective June 25, 1983, CITY and NBPTEA agree that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". 2 ARTICLE II PERS Pickup Effective June 25, 1983, CITY shall pay seven percent (7.0%) of each "Miscellaneous Members'" PERS contribution rate to the Public Employees Retirement System (PERS). NBPTEA acknowledges that CITY is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBPTEA to so do, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. Said retirement pickup shall be credited to the employees' individual accounts with PERS. ARTICLE III Bereavement Leave Effective June 25, 1983, CITY shall amend the provision of the bereavement leave program currently applicable to affected "EMPLOYEES" upon the death of any of the following relations of the employees' spouse, in addition to those benefits currently available: Mother, Father, Brother, Sister 3 ARTICLE IV Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existence immediately prior to the effec- tive date of this MOU shall remain unchanged and in full force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE V Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. 4 ARTICLE VI Duration The terms of this MOU are to remain in full force and effect from the 25th day of June, 1983, until the 22nd day of June, 1984, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE VII Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provid- ed, however, that should the provisions of this MOU relating to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBPTEA, to 5 EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. Executed this /5 day of J'u,c.Jc , 1983. NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLO S AS.CIATION S . JU'D NBPTEA Representative By RYN OTHf3ERG NBPTEATERepresentative By ./( RICHARD HOFFS NBPTEA Representative CITY OF NEWPORT BEACH By zo MUCa Personnel Director City (xepresentative By: Jon Burkhart Assistant to Finance Director City Representative APPROVED AS TO FORM-, Robert H. Burnham City Attorney City of Newport Beach AGP/MOU2 PROF/TECH • APPENDIX "A" • APPROXIMATE CLASSIFICATION SALARY RANGE MON. SALARY Advance Planning Administrator 64.004-68.004 $2639-3208 Assistant Civil Engineer 61.004-65.004 2280-2771 Assistant Planner 57.004-61.004 1876-2280 Associate Civil Engineer 62.030-66.030 2456-2985 Associate Planner 59.004-63.004 2068-2514 Building Inspector I 57.004-61.004 1876-2280 Building Inspector II 58.004-62.004 1970-2394 Chief Building Inspector 62.003-66.003 2392-2907 Chief Draftsman 58.004-62.004 1970-2394 Chief Plan Check Engineer 65.004-69.004 2771-3369 Civil Engineer 64.004-68.004 2639-3208 Code Enforcement Officer 57.004-61.004 1876-2280 Counterman I 52.030-56.030 1508-1833 Counterman II 57.004-61.004 1876-2280 Current Planning Administrator 65.004-69.004 2771-3369 Engineering Aide II 55.004-59.004 1701-2068 Engineering Aide III 57.004-61.004 1876-2280 Environmental Coord/Project Planner 63.004-67.004 2514-3056 Librarian I 54.034-58.034 1669-2028 Librarian II 56.034-60.034 1840-2236 Librarian III 58.034-62.034 2028-2466 Plan Check Engineer 61.003-65.003 2278-2769 Programmer -Analyst 57.040-61.040 1943-2362 Public Works Inspector 57.029-61.029 1923-2337 Senior Civil Engineer 65.004-69.004 2771-3369 Senior Planner 61.029-65.029 2337-2840 Survey Instrumentman 55.004-59.004 1701-2068 Survey Party Chief 58.004-62.004 1970-2394 7 PAGE TWO • • CLASSIFICATION Systems Analyst Traffic Engineering Technician Training Coordinator APPROXIMATE SALARY RANGE MON. SALARY 58.040-62.040 2040-2480 57.004-61.004 1876-2280 61.024-65.024 2325-2827 8 6/25/83 • C —c 05I MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following: A. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY") and authorized representatives of the NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSOCIATION (hereinafter referred to as "NBPTA") a recognized employee organization, met and conferred, exchanging various proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employees represented by NBPTA (hereinafter referred to as "EMPLOYEES") for the 1982-83 fiscal year. (2Z B. NBPTA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the 1982-83 fiscal year. Said EMPLOYEES desire to reduce their agreement to writing, and to present such agreement, in the form of this MOU, to the City Council of the City of Newport Beach for approval. NOW, THEREFORE, this MOU is made and entered into, effective July 1, 1982, upon approval by the City Council of the City of Newport Beach, as follows: ARTICLE I Salaries and Wages Effective July 1, 1982, City and NBPTA agree that the salaries in each classification will be increased and that the salaries for each classification will be as set forth in the salary schedule attached hereto as Appendix "A". In addition, for the Building Inspector II Classification only a two and one- half percent (2.5%) salary adjustment. 2 ARTICLE II PERS Pickup Effective July 1, 1981, City shall pay one-half of each EMPLOYEES' "miscellaneous member" contribution to the Public Employees' Retirement System (PERS). NBPTA acknowledges that City is paying this increased percentage of the PERS contribution rate, pursuant to a specific request of NBPTA to so do, and that payment of this increased percentage of the PERS contribution rate will result in greater benefits to members than a corresponding salary increase. ARTICLE III Health Insurance Premium The City and NBPTA agree that in an effort to reach an agreement for Fiscal Year '82 - '83, a 55% Health and Dental premium increase will be utilized for the purpose of determining a proportionate salary increase. The City and NBPTA further agree that effective January 1, 1983, the salaries of classifications listed in Appendix "A" will be adjusted upward or downward depending upon the final premium established for the Indemnity Health and Dental Plan for Fiscal Year '82 - '83. 3 ARTICLE IV Family Sick Leave Effective July 1, 1982, the City agrees to amend the provisions of the sick leave program currently applicable to affected "EMPLOYEES" to provide authorization to use one (1) eight (8) hour day of accrued sick leave per calendar year for an illness of a spouse, son or daughter which requires the presence of the employee. ARTICLE V Tuition Reimbursement Effective July 1, 1982, the City shall amend the applic- able provision of the Tuition Reimbursement Program as follows: Reimbursement is limited to $450.00 per semester or $300.00 per quarter. The maximum reimbursement is $900.00 per fiscal year. ARTICLE VI Other Terms and Conditions of Employment All other terms and conditions of employment of all affected EMPLOYEES in existance immediately prior to the effective date of this MOU shall remain unchanged and in full 4 force and effect during the entire term of this MOU unless altered by mutual agreement of the parties hereto. ARTICLE VII Conclusiveness of Memorandum This MOU contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to meet and confer with the other, concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this MOU, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. ARTICLE VIII Duration The terms of this MOU are to remain in full force and effect from the 1st day of July, 1982, util the 24th day of 5 June, 1983, and, thereafter, from year-to-year, unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this MOU. ARTICLE IX Separability Should any part of this MOU or any provision herein contained be rendered or declared invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall not invalidate the remaining portion hereto, and same shall remain in full force and effect; provided, however, that should the provisions of this MOU relat- ing to pay schedule adjustment increases be declared invalid, City agrees to provide alternative benefits agreeable to NBPTA, to EMPLOYEES, which will cause such EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. 6 Executed this day of CITY OF NEWPORT BEACH By nisA()yy,v 'LLaPad Lorenzo Mbta Personnel Director City Representative B George P: pas Finance rector City Representative APPROVED AS TO FORM: Cit Att.rney 1- 1982. NEWPORT BEACH PROFESSIONAL/ TECHNICAL EMPLOYEES ASSOCIATION BY, Gil �. ert Wong NBPTA Representative BYj U , - Pat Temple / NBPTA Representative Dick Hoffs NBPTA Representative 7 PROF/TECH. APPENDIX "A" Classification Advance Planning Admin. Assistant Civil Engineer Assistant Planner Associate Civil Engineer Associate Planner Building Inspector I Building Inspector II Chief Building Inspector Chief Draftsman Chief P1. Check Engineer Civil Engineer Code Enforcement Officer Counterman I Counterman II Current Planning Admin. Engineering Aide II Engineering Aide III Environmental Coord/ Project Planner Librarian I Librarian II Librarian III Plan Check Engineer Programmer -Analyst Public Works Inspector Senior Civil Engineer Senior Planner Survey Party Chief Systems Analyst Traffic Eng. Technician Survey Instrumentman Salary Range 63.039-67.039 60.039-64.039 56.039-60.039 62.015-66.015 58.039-62.039 56.039-60.039 57.039-61.039 61.038-65.038 57.039-61.039 64.039-68.039 63.039-67.039 56.039-60.039 52.015-56.015 56.039-60.039 64.039-68.039 54.039-58.039 56.039-60.039 62.039-66.039 54.019-58.019 56.019-60.019 58.019-62.019 60.038-64.038 57.025-61.025 57.014-61.014 64.039-68.039 61.014-65.014 57.039-61.039 58.025-62.025 56.039-60.039 54.039-58.039 Approximate Mon. Salary 2601-3162 2247-2731 1849-2247 2420-2942 2038-2478 1849-2247 1941-2360 2357-2865 1941-2360 2731-3320 2601-3162 1849-2247 1486-1806 1849-2247 2731-3320 1677-2038 1849-2247 2478-3011 1645-1999 1813-2204 1999-2430 2245-2729 1915-2328 1894-2303 2731-3320 2303-2799 1941-2360 2011-2444 1849-2247 1677-2038 7/1/82 • TO: CITY CLERK CITY OF NEWPORT BEACH PERSONNEL OFFICE Aug. 5, 1981 FROM: Lorenzo Mota, Personnel Director SUBJECT: RESOLUTION NO. 10099 - NEWPORT BEACH PROFESSIONAL/TECHNICAL EMPLOYEES ASSN. REFERENCE TO EMPLOYEE P.E.R.S. CONTRIBUTION RATE /SALARIES & BENEFITS During the meet and confer process with Newport Beach Professional/Technical Employees Association, the City offered a 9.5% increase. During the negotiation process, the employee representatives requested that the City pay the entire employee P.E.R.S. contribution rate. The City subsequently agreed to pay one-half (3.5%) of the employees P.E.R.S. contribution rate. The one-half payment of the rate was in lieu of a corresponding salary increase. • • 061880 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Professional and Technical Employees Association (hereinafter called "NBPTEA"). The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and NBPTEA. NBPTEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorpora- ted in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. • • ARTICLE I NBPTEA Recognition NEWPORT BEACH hereby confirms its prior certifi- cation of NBPTEA as the recognized employee organization for the employees in the Planning and Engineering unit, and agrees to meet and confer and otherwise deal exclusively with NBPTEA on all matters within the scope of representation pertaining to the said employees as authorized by law. NBPTEA agrees that during the life of this Memoran- dum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPTEA dues and to deduct such payments from the wages of all NBPTEA members and employees when autho- rized to do so by said members and employees, and remit such payments to the NBPTEA in accordance with the terms of signed -2- • authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to NBPTEA shall constitute payment of said dues by such members and employees of NBPTEA. ARTICLE III Salaries and Wages Effective July 1, 1980, the salary of each employee represented by NBPTEA shall be increased by an amount equal to thirteen and six/tenths percent (13.6%) over and above his or her salary immediately prior thereto. In addition, for the following classifications only, a two and five/tenths per- cent (2.5%) salary increase will be implemented on January 1, 1981: (1) Associate Civil Engineer; (2) Chief Building Inspector; (3) Chief Plan Check Engineer; and (4) Counterman I. -3- • • ARTICLE IV Retirement To the extent permitted by federal and state law and the City Charter, The City of Newport Beach shall have the right to provide a retirement plan for its employees. The plan may provide different benefits than those avail- able to existing employees at a lower cost to the City, if said benefits apply uniformly with respect to all members within specified classifications and if such changes are applicable only to new members, as specified, of such classifications. ARTICLE V Holidays Effective July 1, 1980, NEWPORT BEACH agrees to provide the following holidays: (1) Friday, December 26, 1980; (2) Friday, January 2, 1981. In return, each NBPTEA employee will work a full eight -hour day on December 24, 1980, and December 31, 1980. This provision shall be in effect for one year only. -4- The Veterans' Day holiday shall be celebrated on November 11, 1980. ARTICLE VI Medical NEWPORT BEACH agrees to increase the maximum annual dental benefit from Five Hundred Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) (basic and major). NEWPORT BEACH agrees to meet and confer with NBPTEA representatives in a timely manner regarding the selection of an optional membership in a qualified health maintenance organization. ARTICLE VII Continuation of Existing Benefits All employees in the classifications represented by NBPTEA shall be covered by the terms and conditions and receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of NEWPORT BEACH as set forth in resolutions previously adopted by the City Council of the City of Newport -5- Beach for such purposes. The City Representative of NEWPORT BEACH will not recommend any revision or modification to such conditions or benefits which apply to employees repre- sented by NBPTEA without first consulting on such recommen- dations with NBPTEA. ARTICLE VIII Conclusiveness of Agreement This Memorandum contains all the covenants, stipu- lations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be com- pelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the signing of this agreement and not set forth herein. -6- a • ARTICLE IX Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1981, and thereafter from year to year unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests, of the Employer -Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this Memorandum. ARTICLE X Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. -7- ARTICLE XI Non -Discrimination NEWPORT BEACH and NBPTEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or nonmembership in NBPTEA, or because of his race, creed, color, national origin, religious belief, political affili- ation, sex, or age. EXECUTED this 23rd day of June , 1980, at Newport Beach, California. CITY OF NEWPORT BEACH By WA P sonn i' Re lir EORGE VAS Finance ►:rector/ City Representative APPROVED AS TO FOR!4 / f• EB R1 11‘1 BURNHAM Assistant City Attorney NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION -8- By ! 1ew 70.7, - - RICHARD HOFFS7HT, President '� presenta ive t� WIlLIAM HARBECIC, 'Representa- tive MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Professional and Technical Employees Association (hereinafter called "NBPTEA"). The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and NBPTEA. The NBPTEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBPTEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBPTEA as the recognized employee organization for the employees in the Planning and Engineering unit, and agrees to meet and confer and otherwise deal exclusively with NBPTEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBPTEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legisla- tive body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPTEA dues, and to deduct such payments from the wages of all NBPTEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBPTEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBPTEA shall constitute payment of said dues by such members and employees of the NBPTEA. ARTICLE III Salaries and Wages Effective July 1, 1979, the salary of each employee repre- sented by the NBPTEA shall be increased by an amount equal to -2- thirteen percent (13%) over and above his or her salary immediately prior thereto. ARTICLE IV Retirement NEWPORT BEACH agrees to pay one-half the employees' contribution (three and one-half percent [3-1/2%]) to Public Employees Retirement System (PERS). NEWPORT BEACH agrees to a lump sum payment the first pay period following the signing of the Memorandum of Understanding that will reflect an amount equal to one-half the employees' contribution to PERS for the period of time between July 1, 1978, and the signing of the Memorandum of Understanding. NEWPORT BEACH will then pay one-half the employees' contribution to PERS for the remainder of Fiscal Year 1978-79. ARTICLE V Holidays Effective July 1, 1978, NEWPORT BEACH agrees to provide each employee represented by NBPTEA one "floating holiday," said holiday to be the employee's date of birth. In addition, effective for Fiscal Year 1979-80 only, NEWPORT BEACH agrees to provide additional one-half day holiday on Christmas Eve and one-half day holiday on New Years Eve. -3- ARTICLE VI Continuation of Existing Benefits All employees in the classifications represented by the NBPTEA shall be covered by the terms and conditions and receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of NEWPORT BEACH will not recommend any revision or modification to such conditions or benefits which apply to employees represented by the NBPTEA without first consulting on such recommendations with NBPTEA. ARTICLE VII Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execu- tion of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this agreement and not set forth herein. -4- ARTICLE VIII Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1980, and thereafter from year to year unless within the time frame and in the manner designated in Section 13, TIMETABLE FOR SUBMISSION OF REQUESTS, of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect retroactively as of the 1st day of July, 1978. ARTICLE IX Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE X Non -Discrimination NEWPORT BEACH and NBPTEA agree that there will be no dis- crimination by either party or by any of their agents against -5- any employee because of his membership or non -membership in the NBPTEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. ARTICLE XI State Surplus Disclaimer If, in Fiscal Year 1979-80, the State allocates surplus funds to cities to relieve the burden created by lost property tax revenues brought about by the passage of Proposition 13, and if conditions are attached to those funds which would pre- vent or limit the City's ability to grant employee salary increases, then it is understood and agreed between the parties hereto as follows: 1. If the State guidelines for acceptance of State surplus funds permit some percentage salary increases, NEWPORT BEACH agrees to pay employees that percentage increase up to a maximum of thirteen percent (13%); 2. NEWPORT BEACH agrees to reopen negotiations with NBPTEA for the purpose of determining alternate means of compensation to make up the difference between the percentage paid in salaries and the remainder of the agreed upon percentage salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 3. If no salary increases are permitted under the State guidelines, then NEWPORT BEACH agrees to reopen negotiations for the purpose of determining substitute forms of compensation which -6- will equate to the total dollar amount of the proposed percen- tage salary increase as set forth in this Memorandum of Understanding, subject to the conditions contained in paragraph 4 below; 4. The commitments contained in this Article are made by NEWPORT BEACH in good faith and shall be honored by NEWPORT BEACH to the best of its ability, exercising every reasonable effort to make available sufficient municipal revenues to satisfy these commitments; 5. If the State guidelines have been adjudicated and declared invalid as they apply to salary adjustments contained in existing contractual agreements, NEWPORT BEACH agrees to pay the full percentage salary increase as set forth in this Memorandum of Understanding. Executed this loth day of CITY OF NEWPORT BEACH October , 1978. THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION ra a de BY WAYN$ A. SCHWAMMEL Assista W LLIAM HARB President o•the CiManager and Ci resenta'tive By GEORGE •PAS, Finan.e Lirecto. .IMMY e� T, Representative and Cit epresentati APPROVFW AS TO FORM: By LLACE CLOUD, Representative DENNIS D. O'NEIL, City Attorney -7- • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Professional & Technical Employees Association (hereinafter called "NBPTEA"). The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBPTEA. The NBPTEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBPTEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBPTEA as the recognized employee organization for the employees in the Planning & Engineering unit, and agrees to meet and confer and otherwise deal (977-7i • exclusively with NBPTEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBPTEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPTEA dues, and to deduct such payments from the wages of all NBPTEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBPTEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBPTEA shall constitute payment of said dues by such members and employees of the NBPTEA. ARTICLE III Salaries and Wages Effective July 2, 1977, the salary of each employee represented by the NBPTEA shall be increased by an amount equal to five percent (5%) over and above his or her salary immediately prior thereto. ARTICLE IV Retirement NEWPORT BEACH agrees to amend its contract with the Public Employees Retirement System to provide for the inclusion of Section 20930.3, referred to as military service credit. I • • • ARTICLE V Continuation of Existing Benefits All employees in the classifications represented by the NBPTEA shall be covered by the terms and conditions and receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in Resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any revision or modification to such conditions or benefits which apply to employees represented by the NBPTEA without first consulting on such recommendations with NBPTEA. ARTICLE VI Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this agreement and not set forth herein. • • • ARTICLE VII Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1978, and thereafter from year to year unless within the time frame and in the manner designated in Section 13 TIMETABLE FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1977. ARTICLE VIII Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE IX Non -Discrimination NEWPORT BEACH and NBPTEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBPTEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. • • • • • Executed this Z-J�D day of VUAJE , 1977. CITY OF NEWPORT BEACH By: FRANK'TVE, Assistant to the City Manager and City Representative ORGE PA•'AS, Finance Ii ' ctor and City 'resentative Approved as to Form: DENNIS O'NEIL, City Attorney THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION By. DAVID DMOHOWSKI, President N, Representative epresentative MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Professional & Technical Employees Association (hereinafter called "NBPTEA"). The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between NEWPORT BEACH and the NBPTEA. The NBPTEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party. ARTICLE I NBPTEA Recognition NEWPORT BEACH hereby confirms its prior certification of NBPTEA as the recognized employee organization for the employees in the Planning & Engineering unit, and agrees to meet and confer and otherwise deal exclusively with NBPTEA on all matters within the scope of representation pertaining to the said employees as authorized by law. The NBPTEA agrees that during the life of this Memorandum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPTEA dues, and to deduct such payments from the wages of all NBPTEA members and employees when authorized to do so by said members and employees, and remit such payments to the NBPTEA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by the City of Newport Beach to the NBPTEA shall constitute payment of said dues by such members and employees of the NBPTEA. ARTICLE III Salaries and Wages Effective July 3, 1976, the salary of each employee represented by the NBPTEA shall be increased by an amount equal to five and two tenths percent (5.2%) over and above his or her salary immediately prior thereto. ARTICLE IV Continuation of Existing Benefits All employees in the classifications represented by the NBPTEA shall be covered by the terms and conditions and receive all of the other benefits not specifically covered by any other Article of this Memorandum that are provided to employees of Newport Beach as set forth in Resolutions previously adopted by the City Council of the City of Newport Beach for such purposes. The City Representative of Newport Beach will not recommend any revision or modification to such conditions or benefits which apply to employees represented by the NBPTEA without first consulting on such recommendations with NBPTEA. ARTICLE V Conclusiveness of Agreement This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached prior to the signing of this agreement and not set forth herein. ARTICLE VI Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1977, and thereafter from year to year unless within the time frame and in the manner designated in Section 13 TIMETABLE FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1976. ARTICLE VII Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. ARTICLE VIII Non -Discrimination NEWPORT BEACH and NBPTEA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or non -membership in the NBPTEA, or because of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. Executed this c2cR+ day of CITY OF NEWPORT BEACH B AN IVENS, Assistant to the Cit Ma/Kr and City Represe G 1•GE ` ��'': , Finance Di and City'Rep.esentative Approved as to Form: DENNIS O'NEIL, City Attorney ative , 1976. THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION By:j,. / JOHN WOLTER, President CECIL HOLQN, Representative MEMORANDUM OF UNDERSTANDING BETWEEN • - THE CITY OF NEWPORT BEACH AND • THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and. • between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH") and the Newport Beach Professional & Technical Employees Association (hereinafter called "NBPTEA") and shall apply to all classifications set forth in Appendix "A". The terfis and conditions of employment that are set forth in ` this Memorandum have been discussed in good faith between NEWPORT - BEACH and the NBPTEA. The NBPTEA agrees to recommend acceptance by its members of all the terms and conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City. Council that all the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the. terms and conditions of this Memorandum so incorporated shall become effective - wi tnout further action by either party. ARTICLE 1 NSPTEA keconntion Nr tPc-IRT BEACH hereby confirms • rior cert • of NBPTEA as the recocni=ed employee cr '$ani_at,vn for .,he employees in ing .n,i- a_!agrees to nieet and confer and otherwise deal exclusively with NBPTEA on all matters within the scope of representation pertaining to the said employees•as authorized by law. The NBPTEA agrees that during the -life of this Memorandum it will not appear before the City Council or any other legislative body on any matter • within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Dues Check -Off NEWPORT BEACH agrees to a check -off for the payment of the regular monthly NBPTEA dues, and to deduct sUdh payments from the Wages of ell .. NBPTEA members and employees when authorized to do'so by said members and -employees; and remit such payments to the NBPTEA in accordance with the terms of signed authorizations of such members and employees: The deduction of such dues and the remittal of same by the City of Newport Beach to the NBPTEA shall constitute payment of said dues by such members and employees of the NBPTEA. ARTICLE -III . - Salaries and Wages NEWPORT BEACH and NBPTEA agree to the salary schedule for the various --classifications as set forth in Appendix "A" attached to this Memorandum and - •by this reference made a part hereof. ARTICLEIV - Holidays NEWPORT BEACH agrees to add. the following holidays to those observed by the City: Christmas Eve • (Last half of the working day) New Year's Eve (Last half of the working day) ARTIOL Vacation NEWPORT BEACH agrees to revise the vacation accrual schedule as follows: Yrs. of Continuous Service Accrual Rate 0 but less than 5 96 Hours 5 but less than 9 112 Hours 9 but less than 13 128 Hours 13 but less than 17 144 Hours 17 but less than 21 160 Hours 21 but less than 25 176 Hours 25 and over 192 Hours ARTICLE VI Retirement NEWPORT BEACH and NBPTEA agree to a joint valuation of the Amendments to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH agrees to implement said amendments if such action results in no cost to the City. ARTICLE VII Continuation of Existing Benefits ,All employees in the Clc.si ications as set forth ;n Appendix "A' shall be covered by the terms and conditions and athe yid. S receive11 of other benefits not specifically covered by any Other Article of this Memorandum that are provided to employees of Newport Beach as set forth in Resolutions prVi oU.i} adopted by the City' Council of the City of Newport Beach for such ':'"poses. The City Representative of Newport Beach will not recommend any revision or modification to such conditions or benefits which apply to employees in the classifications as set forth in Appendix "A" without first consulting on such recommendations with NBPTEA. ARTICLE VIiI Grievance Procedure Any grievance or dispute which may arise out of the application or interpretation of the terms or conditions of this Memorandum shall be settled in accordance with the procedure set forth in Section 11 GRIEVANCE PROCEDURE of the Employer -Employee Relations Resolution (Resolution No. 7173, City Council of -the City of Newport Beach). Any employee's grievance shall be settled in accordance with the procedure set forth in Section 11 GRIEVANCE PROCEDURE of the Employer - Employee Relations Resolution. Any violation of this Memorandum as alleged by NEWPORT BEACH shall be resolved between authorized representatives of NEWPORT BEACH and.the NBPTEA . In=the event that the parties cannot resolve the dispute,. the dispute shall be settled in accordance with the procedure set forth in Section 10 DISPOSITION OF FAILURE TO AGREE of the Employer - Employee. Relations Resolution. ARTICLE I: Conclusiveness of .Agreement This Memorandum. contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of representation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the .parties. No representative of either party has authority to make and none of the parties shall be bound by any statement, representation, or agreement reached priorto thesigning of this agreement andnot set forth herein. n. ARTICLE X Duration The terms of this Memorandum are to remain in full force and effect until the 30th day of June, 1976, and thereafter from year to year unless within the time frame and in the manner designated in Section 13 TIMETABLE FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution, either party serves written notice upon the other party of its desire to make changes.in this Memorandum. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Newport Beach, this Memorandum shall be in full force and effect as of the 1st day of July, 1975. ARTICLE XI Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidations of such mart -Or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force .and of-eCt. ARTICLE XII Non -Discrimination NEWPORT BEACH and NBPTEA agree that there 'dill se no discrimination r by any of their agents against any etrp`3 ae Decau o- his membership Or non -membership in the NBPTEA, or because Of his race, creed, color, national origin, religious belief, political affiliation, sex, or age. Executed this / Z — day ot / f/N r , 1975. CITY OF NEWPORT BEACH By: FR S1stant to the nd Ci ty.. Repre;en &EOu.t PAPPAsc,\ iHance Dir, and City Reprbntative Approved as_to Form: DENNIS O'NEIL, City Attorney THE NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATI By: aarit. /9 ILLIAM HARBECK 904 JOHN MOLTER Classification Advance Planning Administrator, Assistant Civil Engineer Assistant Planner Associate Civil Engineer Associate Planner Building inspector I Building Inspector II Chief Building Inspector Chief Draftsman Chief Plan Checking Engineer Civil Engineer Civil Engineer - Grading Code Enforcement Officer Counterman I Counterman II Engineering Aide II Engineering. Aide III Environmental Coordinator Graphics Designer Land=cape Planner Plan Checker Plan� �.nie_gn o Checking „�r P:.blic Works Inspector Sen c. P1ann er cei did .. Salary Rance 53.038 - 57.038 50,038 - 54.038 45.038 - 49..038 51.038 - 55.038 48.038 - 52.038 45.038 - 50.038 47.013 - 51.013 48.013 - 52.013 47.038 - 51.038 51.038 - 55.038 53.038 - 57.038 53.038 - 57.038 45.038 - 50.038 39.038 - 43.038 45.038 - 50.038 44.038 48.038 45.038 - 50,038 51.013 - 55.013 45.038 - 49.038 45.038 - 49.038 48.033 - 52.033 50,038 - 54.038 47.013 - 51.013 51.013 - 55.013 Approx. Monthly. Salary 1,595 - 1,939 1,373 - 1,675 1,080 - 1,313 1,447 - 1,759 1,250 - 1,520 1,134 - 1,378 1,152 - 1,412 1,220 - 1,433 1,191 - 1,447 1,447 - 1,759 1,595 - 1,939 .1,595 - 1,939 1y134 - 1,373 805 - 979 1,134 - 1,378 1,028 - 1,250 s •� i34 -1,378 1,41" - 1,e17 1,'080 - 1_313 1,030 - 1,313 1,250 - 520 1,373 - 1,675 CiaS$T?lcal. 7'c. Range Survey Ir.strumzniman 44.038 - 48.038 Survey Party Chief 47.038 - 51.038 Survey Rodman & Chainman 42.038 - 46.033 Traffic Engineering Technician I 44.033 - 48.038 Traffic Engineering Technician II 46.033 - 50.038 Approx. Monthly Salary 1,028 - 1,250 1,191 - 1,447 933 - 1,134 1,028 - 1,250 1,134 - 1,378