HomeMy WebLinkAbout05 - Fire Managment Association MOUOctober 25, 1999
CITY OF NEWPORT BEACH Agenda Item No. 5
O ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management • Human Resources • Fiscal Services • M.I.S. • Revenue • Accounting
October 25, 1999
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: Dennis Danner, Administrative Services Director'( 04.()
SUBJECT: MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION (FMA)
BACKGROUND:
The current agreement with the Fire Management Association expired on December 31, 1998.
The terms of the agreement were extended through the current time with the mutual consent of
the City and the Association while negotiations were going on for a new agreement, and while
the City was negotiating with the Firefighter Association. In addition, a Supplemental 1997
MOU, which affects the expiration of a "salary formula" will continue to be in effect until July 1,
2001.
The City and the Association reached a tentative agreement for a new contract covering the
period from January 1, 1999 through December 31, 2001. Following are the significant
conditions of this agreement:
PROPOSED NEW AGREEMENT:
1. Compensation Adjustments:
A. Effective the first pay period of January, 1999 the City shall increase the base salary
for the Fire Battalion Chief classification by 2.5 %, with increases for other
classifications pursuant to the matrix set forth below:
Fire Battalion Chief
Staff Battalion Chief
Deputy Fire Chief
Line Battalion Chief
Fire Marshal
Deputy Chief, Marine Division
Section 1.A
Section 1.A + 12.5%
Section 1.A + 12.5%
Section 1.A * 40/56
Section 1.A + 12.5%
Section 1.A + 12.5 %+ $325 /month
B. Effective the first pay period in January,.2000 the Fire Battalion Chief classification
will receive a base salary increase of 2.5% with increases to other represented
classifications pursuant to the matrix above.
October 25, 1999
Page 2
C. Effective the first pay period in January, 2001 the Fire Battalion Chief classification
will receive a base salary increase of 3% with increases to other represented
classifications pursuant to the matrix above.
D. Additional increases (if due) shall be made each July of the agreement pursuant to
the Supplemental MOU dated June 23, 1997. This Supplemental MOU affects the
expiration of a "salary formula" which will remain in effect until July 1, 2001.
E. Effective the first pay period in January, 1999 the salary for Fire Battalion Chief
shall maintain at least a 9% salary differential between the top step of Fire Captain
and the bottom step of the Fire Battalion Chief.
F. Scholastic Achievement Pay has been modified to be a percentage of base pay
instead of a flat dollar amount. The percentage will range from 1.5% to 3.5% based
on years of service and semester college units.
2. Holidays:
A. Staff Employees will receive Holiday pay instead of time off.
B. Staff Employees may be required to take specified City holidays off, at the sole
discretion of the Fire and Marine Chief. This time will be charged against the
employee's flex or vacation leave bank.
3. Disability Insurance:
As with the non - safety associations, the Fire Management Association agreed to the
revision of the City's disability insurance program, including a thirty day waiting
period and the employee paid premium concurrent with a 1% salary increase as a
reimbursement.
4. Additional Retirement Options:
This contract includes a clause that permits the Association to re -open negotiations on
additional PERS retirement plan options, should they become available. Any agreed
upon changes must be cost neutral to the City.
5. Cafeteria Plan:
The Association (along with other employee groups) will jointly meet to explore the
implementation of a qualified cafeteria plan.
RECOMMENDATION:
The cost to the City and overall terms of the proposed agreement are within the general
parameters established by the City Council at the outset of the negotiating season. Staff
recommends approval of the new MOU.
11
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND THE
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
OJanuary 1, 1999 through December 31, 2001
a
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATIION
TABLE OF CONTENTS
Section 1. - General Provisions
Recognition.............................................. ............................... 1
Duration of Memorandum ............................. ............................... 1
Scope.................................................... ............................... 2
BulletinBoards ......................................... ............................... 2
Conclusiveness ......................................... ............................... 2
Modifications........................................... ............................... 3
Savings.................................................. ............................... 3
Impasse.................................................. ............................... 3
Definit ions............................................... ............................... 3
Section 2. - Compensation
Guaranteed Salary/Total Compensation Adjustments ............................. 3
Subsequent Adjustments .............................. ............................... 4
Flex Leave Premium Pay Account ................... ............................... 4
Vacation Leave Premium Pay Account .............. ............................... 4
Scholastic Achievement Pay .......................... ............................... 4
CourtStandby Pay ..................................... ............................... 5
Overtime - Hours Worked ............................ ............................... 5
Section 3. - Leaves
Vacation Selection System ............................ ...............................
6
SickLeave .............................................. ...............................
6
FlexLeave .............................................. ...............................
7
HolidayTime ........................................... ...............................
8
Worker's Compensation Leave ...................... ...............................
.9
Vacation /Sick Leave ................................... ...............................
9
Sick Leave Conversion ......................... :.....................................
9
FamilySick Leave ..................................... ...............................
9
Bereavement Leave .................................... ...............................
10
Reassignment........................................... ...............................
10
Section 4. - Fringe Benefits
Health Insurance ........................................ ...............................
10
Retirement Benefits ..................................... ...............................
10
Medical Advisory Committee .......................... ...............................
11
Retiree Insurance ....................................... ...............................
11
HealthCare Opt Out ..................................... ...............................
12
Disability Insurance .................................... ...............................
12
Employee Assistance Program ........................ ...............................
12
.Annual Physical Examinations ........................ ...............................
12
Physical Conditioning Equipment / Apparel .......... ...............................
12
RequiredUniform ....................................... ...............................
13
0
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Page 2
Section 5. - Miscellaneous Provisions
DuesCheckoff ........................................ ...............................
13
Fire Suppression Staffing Levels ................... ...............................
13
JuryDuty .............................................. ...............................
13
Staff Assignment Schedule .......................... ...............................
13
Reduction in Force / Layoffs ......................... ...............................
13
Definit ions............................................. ...............................
14
Procedures............................................. ...............................
15
Notice.................................................. ...............................
15
Re- Employment ...................................... ...............................
15
Demot ion.............................................. ...............................
16
Severance Pay ......................................... ...............................
16
Amortizing Payroll System .......................... ...............................
16
Progressive Discipline Plan ......................... ............................. ...
16
Exhibit A
0
MEMORANDUM OF UNDERSTANDING Final
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
The Newport Beach Fire Management Association ( "NBFMA "), 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. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment for
the period from January 1, 1999 to December 31, 2001 and this tentative
agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA during the
meet and confer process leading to the adoption of the 1999 -01 MOU.
4. This MOU, upon approval by NBFMA and the Newport Beach City Council and
the Supplemental Memorandum of Understanding dated June 23, 1997, 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
NBFMA 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 NBFMA.
B. 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 January 1, 1999.. This MOU shall remain in full force and effect until
December 31, 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.
Final
2. The terms and conditions of this MOU shall prevail over any 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 such as, or similar to, this MOU.
C. Ste.
1. All present written rules and currently established practices and employee rights,
privileges and benefits that are within the scope of representation shall remain in
full force and effect during the term of this MOU unless specifically amended by
the provisions of this MOU.
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 (copy attached as
Exhibit 'B" ).
D. Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire Department at their
present location for the posting of notices and bulletins relating to NBFMA
business, meetings, or events. All materials posted on bulletins boards shall
indicate the name of the organization responsible. Material posted shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of race, gender,
ethnicity, religion or other statutorily or constitutionally impermissible basis, as
well as any pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E -Mail) shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of race, gender,
ethnicity, religion or other statutorily or constitutionally impermissible basis, as
well as any pornographic or obscene material. E -Mail may be used for
Association business on a limited basis and consistent with Department Policy.
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 parry shall be compelled 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.
2
F. Modifications. Final
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 provided, however, should the provisions of this MOU relating to salary increases,
fringe benefits, or the compensation policy be declared invalid the City shall provide
alternative forms of compensation such that NBFMA members suffer no financial
detriment by virtue of the decision or ruling with the manner and form of the
compensation to be determined by the parties after meeting and conferring in good faith.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express term of
the existing MOU has expired), the parties may agree on mediation pursuant to the
procedure outlined in Section 10 of Resolution No. 7173 or a successor resolution.
I. Definitions.
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member' shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned to
work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work an
average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the Orange
County Fire Authority.
SECTION 2. - COMPENSATION
A. Pay for Time Worked.
Guaranteed Salaryfrotal Compensation Adjustments.
i) Effective the first payroll period in January, 1999, the salary schedule for
the classifications represented by the Association shall be as specified in
Exhibit "A." The salary for the position of Fire Battalion Chief shall
maintain at least a 9% salary differential between the top step of Fire
Captain and the bottom step of the Fire Battalion Chief. Adjustments to
3
O Final
the salary of Battalion Chief shall be reflected in corresponding
adjustments to other positions represented by NBFMA necessary to
maintain the salary.
0
(a) Effective the first payroll period in January 1999, 2000 and 2001
Unit salaries shall be adjusted by percent increase granted to Fire
Captain; after applying the percent differential set forth in Section
A 1 i), above and subject to the other provisions of Section A 1 i).
2. Subsequent Adiustments.
Additional increases (if due) shall be made July of each year of this agreement pursuant
to the supplemental Memorandum of Understanding between the City and NBFMA dated
June 23, 1997.
3. Flex Leave Premium Pay Account.
On request NBFMA members shall have the right to receive pay, at the rate of 109% of
their then current base salary, for any Flex Leave banked, up to a maximum of 78 times
their bi- weekly Flex Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay
Account). The Flex Leave Premium Pay Account balance shall be shown on each
members regular pay stub. The Flex Leave Premium Pay Account shall be reduced in
accordance with member purchases. Each member shall, upon termination, resignation,
retirement or other separation from service, receive terminal pay at the rate of 109% of
their then current base salary for all accrued Flex Leave to the full extent of the remaining
balance in the Flex Leave Premium Pay Account with any remaining Flex Leave paid at
the then current base salary. The provisions of this section shall apply only to members
employed by the City of Newport Beach on or before June 30, 1994.
4. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program as of June 30, 1994
shall be entitled to receive pay, at the rate of 109% of their then current base salary, for
any accumulated Vacation Leave up to a maximum of 52 times their bi- weekly Vacation
Leave accrual rate as of June 30, 1994 (Vacation Leave Premium Pay Account). The
Vacation Leave Premium Pay Account balance shall be shown on each members regular
pay stub. The Vacation Premium Pay Account balance shall be reduced commensurate
with member purchases. Each member shall, upon termination, resignation, retirement or
other separation from service, receive terminal pay at the rate of 109% of their then
current base salary for all accrued Vacation Leave to the full extent of the remaining
balance in the Vacation Leave Premium Pay Account with any remaining Vacation Leave
paid upon temiination at the then current base salary. The provisions of this section shall
apply only to members employed by the City of Newport Beach on or before June 30,
1994.
5. Scholastic Achievement Pay.
NBFMA members are entitled to additional compensation contingent upon scholastic
achievement ( "Scholastic Achievement Pay "). NBFMA members may apply for
increases pursuant to this Section when eligible and scholastic achievement pay shall be
included in the member's paycheck for the pay period immediately after approval by the
n
C.�
Final
Fire Chief. It is the responsibility of the NBFMA member to apply for Scholastic
Achievement Pay. Approval of the member's application shall riot be unreasonably
withheld or delayed, and the member shall not be entitled to receive scholastic
achievement pay prior to the date the application is approved even though the member
may have been eligible prior to approval. Scholastic achievement pay is contingent upon
years of service and number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited community colleges, state
colleges or universities. NBFMA member shall receive scholastic achievement pay ill
accordance with the following:
Years of
College
Monthly,
Effective
Service:
Semester/Unit.
Compensation:
January 2000
2 or more
30
$70.00
1.5%
3 or more
60
$100.00
2%
3
90
$135.00
2.5%
4 or more
90
$135.00
2.5%
4
120
$175.00
3%
4
B.A./B.S.
$225.00
3.5%
* of base monthly salary
Court Standby Pay.
NBFMA members who, pursuant to Subpoena compelling attendance to testify to acts,
observations, or omissions occurring in the course and scope of employment or at the:
direction of their supervisor, are required, while off -duty, to remain within a certain
response time from court, shall be considered to be on "court standby time" and shall
receive four hours of pay for each eight hours of court standby time. NBFMA members
shall, when required to appear in court pursuant to a Subpoena or the direction of their
supervisor to testify at to matters relating to their employment with the City, be
considered to be on duty and shall be paid accordingly. Members shall remit all witness
fees received for testifying or appearing on any matter for which the member is eligible
to receive court standby time.
Overtime - Hours Worked.
All approved paid overtime shall be paid at the straight time rate. The City and.
Association agree that all unit classifications are properly exempted from the provisions,
of the Fair Labor Standards Act. Overtime payments were decreased from time and one-
half to straight time by agreement of the parties as part of a negotiation which increased
the percentage spread between Battalion Chief and Fire Captain.
61
0
0
L
Final
SECTION 3. - LEAVES
A Pay for Time Not Worked
Vacation Selection System
The City has implemented a vacation selection system (VSS) which phased out
mandatory scheduling for vacation relief in favor of leave coverage by paying
overtime to other members occupying the same position. The City commits to
maintain VSS subject to budgetary constraints outlined in this Section. The City
shall, for each fiscal year during the term of this MOU, adopt a budget which
provides for the payment of overtime specifically for the purpose of implementing
VSS. The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave time (leave) normally accrued by each member during a
fiscal year (total annual leave) multiplying total annual leave, by that member's
overtime rate of pay (value of leave) and then adding the value of leave for each
NBFMA member. Each member's overtime rate of pay shall be calculated on the
basis of the member's highest anticipated rate of pay during the upcoming fiscal
year. The total "value of leave" for all members shall be identified in the budget
as the "LEAVE COVERAGE FUND."
2. Sick Leave.
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid, at the rate of 109% of their final base salary for a percentage of the
employees accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE:
LESS THAN 10
10 BUT LESS THAN 15
15 BUT LESS THAN 20
20 OR MORE
PERCENT OF UNUSED
SICK LEAVE:
NONE
25%
37.5%
50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave or Staff Employees and the first 1200 hours for Line
employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay
in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave -
1200 hours multiplied by .375).
0
B. Compensable Time Off. Final. is
Flex Leave.
NBFMA personnel hired prior to 10/1/96, shall accrue flex leave at the following rates.
It is mutually understood that accrual rates have been modified to provide for the
longevity increase set forth below:
Years of Leave Accrual Leave Accrual Longevity
Con't.. Svc Hours/Pax eriod Hours/Pay Period Lay Increase
Line Employees Staff Employees
Less than 5
8.77
6.26
0.00%
5 but less than 9
9.69
6.92
0.00%
9 but less than 12
10.62
7.58
0.00%
12 but less than 16
12.00
8.57
0.00%
16 but less than 20
12.00
8.57
1.00%
20 but less than 25
12.00
8.57
1.75%
25 and over
12.00
8.57
2.50%
NBFMA personnel hired or rehired by the City
of Newport Beach on or after 10/1/96
shall accrue flex leave
at the following rates:
Years of
Leave Accrual
Leave Accrual
Longevity
Con't.. Svc
Houm/Pay Period
Hours/Play eriod
Pay Increase
Line Personnel
Staff Personnel
Less than 5
6.89
4.92
0.00%
5 but less than 9
7.74
5.53
0.00%
9 but less than 12
9.04
6.46
0.00%
12 but less than 16
10.18
7.28
0.00%
16 but less than 20
12.00
8.57
1.00%
20 but less than 25
12.00
8.57
1.75%
25 and over
12.00
8.57
2.50%.
(b) The Flex leave program shall be administered as follows:
(i) NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of
six (6) months provided, however, if a member on the flex leave
program becomes sick during the first six months of employment,
the City will advance up to 81 hours of paid leave time to staff
employees and 114 hours of paid leave time for line employees for
use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
Final
amount equal to the number of flex leave hours advanced multiplied
by the member's hourly rate of pay.
(ii) NBFMA members who are staff employees shall accrue 81 hours of
flex leave and line employees shall accrue 114 hours of flex leave
immediately upon completion of six (6) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first six months of employment.
(iii) Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to
flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in Section 703 et seq. of the
Personnel Resolution. Members entitled to use sick leave pursuant
to Section 703.1 of the Personnel Resolution and who are absent
due to illness shall have their sick leave bank reduced by the
duration of the absence unless the member notifies appropriate
department personnel that the absence should be charged to the
members flex leave account.
(iv) Subject to the provisions of Section 2(A)(3), prior to the effective
date of this MOU, members were entitled to accrue flex leave up to
a maximum of 78 times the member's bi- weekly accrual rate.
Earned flex leave in excess of the maximum permitted is currently
paid bi- weekly at the member's hourly rate of pay. NBFMA
members may, at any time, elect to receive pay (at the member's
normal hourly rate) for all accrued flex leave in excess of 72 hours
for a line employees and 40 hours for staff employees. However,
NBFMA members may not elect to buy down accrued Flex Leave
below the current threshold for payment (78 times the member's bi-
weekly accrual rate) unless, during the twelve months preceding the
election, the member has taken at least ninety -six (96) hours of paid
leave if a line employee and eighty (80) hours of paid leave if a
staff employee.
(v) All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member take
or request flex leave in excess of the amount accrued.
(vi) Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
2. Holiday Time
(a) Accrual The provisions of this subsection shall apply to all NBFMA
members on a pro -rata basis.. NBFMA members who are line employees
shall accrue holiday time at the rate of 5.077 hours per pay period.
NBFMA who are staff employees shall accrue holiday time at the rate of
3.626 hours per pay period.
8
Final[
Effective January 1, 1999, all employees including Staff Employees shall
receive their holiday time in pay (PERSable). Holiday pay shall be paid
bi- weekly with the regular check. For the period from January 1, 1999 to
October 31, 1999; Staff Employees who received paid holidays off shall[
have their flex (or vacation) account reduced by the number of paid time:
off holiday hours.
(b) Staff Employees.
Staff Employees may be required to take specified City holidays off, in the:
sole discretion of the Fire and Marine Chief. Time will be charged against:
the employees flex (or vacation) leave bank.
3. Worker's Compensation Leave.
Any NBFMA member who has been incapacitated by reason of any injury or
illness which has been determined to have arisen out of or in the course of his or
her employment shall receive compensation in accordance with the provisions of
Section 4850 et. seq. of the Labor Code of the State of California.
4 Vacation/Sick Leave.
Administration of the vacation and sick leave program for members who have not
converted to flex leave shall be in accordance with the provisions of the Personnel.
Resolution of the City of Newport Beach. Line employees shall accrue sick leave:
at the rate of twelve hours per month and staff employees shall accrue sick leave
at the rate of eight hours per month.
5. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave bank greater than.
a sum equal to eighty-six (86) times their normal bi- weekly sick leave accrual rate
and who have used six (6) or fewer days during the calendar year, may elect to
covert up to six (6) days of sick leave to three (3) days pay or, with the approval
of the Fire Chief, three (3) days of vacation. Members shall elect to convert to
sick leave within sixty (60) days after the end of any calendar year.
6. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of accrued sick leave per
calendar year and line employees shall be entitled to use forty -eight (48) hours of
sick leave per calendar year for an illness of a dependent which requires the
presence of the employee. Family Sick Leave shall be administered in
accordance with the provisions of Sections 703.4.2.1 of the Personnel Resolution.
The provisions of this Section shall not be construed to affect or reduce the right
of any employee to any unpaid family medical leave authorized by State or
Federal law.
11
Final
Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family. Staff employees shall be entitled to
five (5) working days of Bereavement Leave per calendar year while Line
Employees shall be entitled to ninety (90) hours of Bereavement Leave per
occurrence. Bereavement leave shall be administered in accordance with the
provisions of Section 705 of Resolution No. 88 -13. 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.
8. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex
Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from
the position previously held to the newly assigned position provided. The ratio
for conversion of staff employee benefits to line employee benefit shall be 7/5 and
the ratio for converting line employee benefits to staff employee benefits shall be
5n.
SECTION 4. -FRINGE BENEFITS
A. Insurance.
1. Health Insurance.
The City shall make available to all NBFMA members the PERS health insurance
programs and a second health care plan as long as permitted by PERS. City shall
pay the health, dental and vision premium for each NBFMA member, up to a
maximum of $400 per month.
2. Commencing approximately September 15, 1999, 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, 2000.
3. Retirement Benefits.
a) Pursuant to Section 20615 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but
not to exceed 9% of the compensation earnable which PERS uses to
calculate retirement contributions and benefits. In addition, the amount of
this payment shall be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to the provisions
of Section 20023(c)(4) of the California Government Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20615 of the
10
Final
California Government Code. NBFMA acknowledges that the City is
making this payment pursuant to a specific request of NBFMA to do so.
b) The City's contract with PERS shall also provide for:
(i) A 2% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
(ii) The military buy -back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
(iii) Should additional retirement plan options become available:
through PERS, the Association may reopen negotiations on the
City's retirement program. Any agreed upon changes in retirement
shall be on a cost neutral basis to the City.
4. Medical Advisory Committee.
The City shall meet with a medical - dental advisory committee during the months,
of July, November, January and May. The committee shall be comprised of one;
representative from each bargaining unit and up to three management.
representatives. Committee advisory function shall include determination of
coverage, preparation and solicitation of bids, consultation with the City's broker„
determination of plan coverage, and selection of carrier and coverage options.
Meetings and determinations shall be coordinated to facilitate inclusion of
findings or decisions in the collective bargaining process. NBFMA and the City,
have worked together in the selection of a new health care provider. This process,
involved participation in the medical advisory committee and the meet and confer
process.
5. Retiree Insurance.
a. City shall provide a retiree health insurance plan through the City's group
health plan carrier and PERS. NBFMA agrees that twenty five percent
(25 %) of the cost of providing health insurance to retirees pursuant to the
City's group health care plan will be borne by probationary and regular
employees of the City of Newport Beach and that NBFMA members shall
pay their pro -rata share of the active employee contribution to retiree
health insurance. The member's contribution shall be the same as other
Newport Beach employees and is calculated by dividing 25% of the cost
of providing retiree health insurance by the number of probationary and
regular employees of the City of Newport Beach and dividing that number
by 26 to determine the amount the bi- weekly payroll deduction.
b. 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
11
Final
attempt to achieve cost containment and equity amongst the City's retiree
medical programs.
6. 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.
B. Disability Insurance
Effective April, 1999, the City provided disability insurance with the following
provisions:
Weekly Benefit 662/.3%
gross weekly wages
Maximum Benefit (mo.) $5,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
OEmployees 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. There will be no increase in the cost of the disability
insurance program for the term of this agreement.
C. Employee Assistance Program
City shall provide an Employee Assistance Program through a properly licensed provider.
NBFMA members may access the Employee Assistance Program at no cost subject to
provider guidelines.
D. Annual Physical Examinations.
All NBFMA members shall participate in the Department Fitness Program as outlined in
SOP VII P2001, Health and Fitness Evaluations.
E. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member. Workout apparel shall
consist of three workout shirts and two trunks. NBFMA members shall wear City
provided workout apparel when working out on duty.
12
F. Required Uniform. Final •
City shall pay the entire cost of providing NBFMA member with each component of the
required NBFD uniform. The required NBFD uniform includes safety shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing employee with socks,
underwear, cap or workout shoes, or other clothing.
SECTION 5. -MISCELLANEOUS PROVISIONS
A. Dues Checkoff.
NBFMA members shall have the right to authorize the City to deduct regular monthly
NBFMA dues from their bi- weekly paycheck. The City shall deduct payment of
NBFMA dues when the employee has authorized such deduction and City shall remit all
payments to NBFMA in accordance with the terms of each members authorization.
B. Fire Suppression Staffing Levels.
Move -up coverage shall be used to staff the fire suppression battalion chief position in
the absence of available battalion chiefs.
C. Jury Duty.
NBFMA members who are assigned to line positions and are called to jury duty shall be:
excused for each 24 hour shift during which the member is required to attend court and
sit on a jury or await assignment.
D. Staff Assignment Schedule
As a matter of past practice, staff employees have worked various schedules including;
10/80, 8/80 and 9/80. Staff employees have, also as a matter of past practice, been
required to attend meetings or training sessions on days off by switching their normal day
off and have not received compensation. When the parties have agreed not to alter any
rights that members may have as a result of any past practice, NBFMA members shall
select, in writing, one of the preceding schedules of the schedule option selected. The
staff member shall be entitled to work that schedule unless that work schedule would
significantly interfere with the ability of the member to perform his/her required duties.
All NBFMA members assigned to work a forty hour work week shall have the option to
work any of the following schedules:
- Five eight hour days, Monday through Friday.
- Four ten hour days.
- Nine eighty work schedule.
E. 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
13
Q Final
specific employee. Reductions in force are to be accomplished, to the extent feasible, on
the basis of seniority within a particular Classification or Series and this Section should
be interpreted accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off' shall mean the non - disciplinary termination of
employment.
(b) "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted permanent status, 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.
(iii) For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within any
Series.
O
(c) "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
(d) "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities
.for subordinates., The City Manager shall determine those Classifications
which constitute a Series.
(e) "Bumping Rights ", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to displace a
less senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for which the
employee does not possess the minimum qualifications such as specialized
education, training or experience, provided, however, the City shall allow
an employee to become re- certified as an EMT or a paramedic in the event
the employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those positions
the employee has previously held with the Department.
14
Final
2. Procedures.
In the event the City Manager determines to reduce the number of employees
within a Classification, the following procedures are applicable:
(a) Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
(b) Employees within a Classification shall be laid off in inverse order of
seniority;
(c) An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within .a
Series, provided, however, that the determination of the employee to be
terminated from the position of Firefighter shall be based on seniority
within the Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of layoff
of his/her intention to exercise Bumping Rights.
(d) In the event two or more employees in the same Classification are subject
to layoff and have the same seniority, the employees shall be laid off in
inverse order of their position on the eligibility list or lists from which
they were appointed. In the event at least one of the employees was not
appointed from an eligibility list, the Department Director shall determine
the employee(s) to be laid off.
3. Notice.
Employees subject to lay -off shall be given at least thirty (30) days advance;
notice of the layoff or thirty (30) days pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave (if
any), and accumulated sick leave to the extent permitted by the Personnel
Resolution.
4. Re- Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re- employment list in reverse order of layoff. The re- employment list
shall remain in effect until exhausted by removal of all names on the list. In the
event a vacant position occurs in the Classification which the employee occupied .
at the time of layoff, or a lower ranking Classification within a Series, the
employee at the top of the Department re- employment list shall have the right to
appointment to the position, provided, he or she reports to work within seven (7)
days of written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail, certified„
return receipt requested, and addressed to the employee at his or her past 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.
15
0 5. Demotion. Final
L IJ
0
Permanent and probationary employees who are demoted because of reduced
staffing levels shall be placed on a Department promotional list in reverse order of
demotion. This promotional list shall remain in effect until exhausted by removal
of all names on the list.
6. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay -off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
G. Amortizing Payroll System.
The City shall establish an amortizing payroll system which will ensure that
compensation and benefits due to members be paid or conferred in twenty six (26) equal
bi- weekly installments during each calendar year.
H. Progressive Discipline Plan.
City and NBFMA shall develop a Progressive Discipline Plan to be incorporated, by
reference, into this MOU. Employees of this Association are exempt from disciplinary
leave of less than five (5) days.
16
Executed this day of
0
10 3aUv0
By:
NBFMA
CITY OF NEWPORT BEACH
0
Dennis D. O'Neil
Mayor
ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
17
1999
Final 0
LI
0
r�
EXHIBIT A
Final
FIRE MANAGEMENT ASSOCIATION
REPRESENTED CLASSIFICATIONS
Class
Code Classification
F300 Fire Battalion Chief
F305 Staff Battalion Chief
F310 Deputy Fire Chief
F315 Line Battalion Chief
F320 Fire Marshal
F325 Deputy Chief, Marine Div
W
Compensation
Section 2 (a) (i)
F300 + 12.5%
F300 + 12.5%
F300* 40/56
F300 + 12.5%
F300 + 12.5% + $325/mo.
M
EXHIBIT B
RESOLUTION NO. 7173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH TO PROMOTE IMPROVED RELATIONS AND
COMMUNICATION BETWEEN THE CITY OF NEWPORT BEACH
AND ITS EMPLOYEES, WHICH SHALL BE KNOWN AS THE
"EMPLOYER - EMPLOYEE RELATIONS RESOLUTION"
SECTION 1. Statement of Purpose. This resolution is enacted pursuant
to the authority contained in Chapter 10, Division 4, Title 1 of the California
Government Code (Section 3500 et seq.) entitled "Public Employee Organizations"
for the purpose of providing orderly procedures for the administration of
employer - employee relations between the City of Newport Beach (hereinafter
referred to as the "City ") and its employee organizations and for resolving
questions regarding wages, hours and other terms and conditions of employment,
and to establish procedures for the recognition of employee organizations.
SECTION 2. Definitions. Terms used herein that are used in Govern-
ment Code Section 3500 et seq. will have the same meaning as in said Code, and
have been restated herein for the purpose of convenience, together with certain
other definitions which are unique to this resolution.
(A) "City" - means the City of Newport Beach, a municipal
corporation, and where appropriate herein "City" refers to the City Council,
the governing body of said City, or any duly authorized management employee.
as herein defined.
(B) "City Representative" - The City Manager of the City
shall be the City's representative in employer - employee relations. The City
Manager may designate staff employees as City Representatives to assist him
as necessary.
(C) "Employee" - means any person permanently employed
by the City, excepting members of the City Council, members of appointive
boards and commissions.
(D) "Employee, Confidential" - means any employee whose
duties would give the employee access to decisions and decision- making processes
of the City concerning any matters relating to employer - employee relations.
(E) "Employee, Management" - means:
(1) Any employee having significant responsibilities
for formulating and administering City policies and programs, including but
not limited to the City Manager and department heads.
(2) Any employee having responsibility to assign,
direct or supervise employees, or to adjust grievances of employees, if, in
connection with the foregoing, the exercise of such authority is not of a
merely routine or clerical nature, but requires the use of independent judgment.
-1-
0
11
(F) "Employee Group for Recognition" - As defined in
Section 6 and established pursuant to Section 7 of this resolution.
(G) "Employee Organization' - means any organization
which includes employees of the City and which has as one of its primary pur-
poses the representation of such employees in their relations with the City.
(S) "Employee Representative" - means the authorized
representative of a Recognized Employee Organization.
(I) "Employer - Employee Relations" - means the relation-
ship between the City and its employees and their employee organization, or
when used in a general sense, the relationship between City management and
employees or employee organizations.
(J) "Failure to Agree' - means the City Representative
and a Recognized Employee Organization have been unable to reach agreement
concerning a subject over which they are meeting and conferring in good faith.
(K) "Grievance" - means any disagreement concerning the
interpretation or application of this resolution, or of rules and regulations
governing personnel practices or working conditions.
(L) "Majority Representative' - means an employee organ-
ization which the City Representative has formally recognized as representing
the majority of the employees in an Employee Group for Recognition as desig-
nated by the City. Formal recognition includes the right to meet and confer
in good faith with the City Representative.
(M) "Mediation' - means the use of an impartial third
person to assist the City Representative and a Recognized Employee Organization
or Organizations to voluntarily reach an accord where there has been a failure
to agree.
(N) "Meet and Confer in Good Faith" - means the performance
by duly authorized City Representatives and duly authorized representatives of
a Recognized Employee Organization of their mutual obligation to meet at
reasonable times and to confer in good faith regarding matters within the
scope of representation, including wages, hours, and other terms and conditions
of employment, in an effort to:
(1) Reach agreement on those matters within the
authority of such representatives; and
(2) Reach agreement on what will be recommended
to the City Council on those matters within the decision - making authority of
the City Council. This does not require either party to agree to a proposal
or to make a concession.
(0) "Recognized Employee Organization" - means an employee
organization which has been formally recognized by the City Representative as
an employee organization pursuant to Section 6 cf this resolution.
-2-
0
(P) "Scope of Representation" - means all matters relating
to employment conditions and employer - employee relations including but not
limited to wages, hours and other terms and conditions of employment. City
responsibilities and rights (Section 3) are excluded from the scope of repre-
sentation.
SECTION 3. City Responsibilities and Rights. To insure that the
City is able to carry out its functions and responsibilities, the following
matters will not be subject to the meet -and- confer process, but shall be within
the exclusive discretion of the City:
The exclusive right to determine the mission of its constituent
departments, commissions and boards; to determine the procedures and standards
of selection for employment and promotion; to direct its employees; to assign
work to employees in accordance with the requirements determined by the City;
to establish and change work schedules and assignments; to determine the content
of job classifications; to hire, transfer and to promote or to lay off employees
for lack of work; to suspend, discipline and discharge employees for just cause;
to expand or, to diminish services; to subcontract any work or operations; and
to determine the methods, means and personnel by which government operations
are to be conducted.
SECTION 4. Employee Rights. The employees of the City shall have
the right to form, join and participate in the activities of employee organ-
izations of their own choosing for the purpose of representation on all matters
of employer - employee relations, including, but not limited to wages, hours and
other terms and conditions of employment. Management and confidential employees
may not represent employees in any of the employee groups on matters within
the scope of representation, but they may join and be represented by employee
organizations.
Professional employees shall not be denied the right to be represented
separately from non - professional employees.
Employees of the City shall also have the right to refuse to join
or participate in the activities of employee organizations, and shall have
the right to represent themselves individually in their employment relations
with the City. Individual representation shall begin with the employee's
supervisor. Requests within the scope of representation presented in writing,
shall be answered in writing within 5 days. If not resolved, the problem may
be presented to the department head in written form. Answer shall be made
in writing by the department head within 10 days. If not resolved, the problem
may be presented to the City Representative in writing. Answer shall be made
within 15 days.
The City and employee organizations shall not interfere with, intimi-
date, restrain, coerce or discriminate against employees because of their
exercise of their rights under this section. 0
SECTION 5. Designation of Management and Confidential Employees.
The City Council authorizes the City Representative to designate the employees
by job title which have been determined to be management or confidential employees.
-3-
0
SECTION 6. Employee Group for Recognition. The City Representative,
after reviewing the petition filed by an employee organization seeking formal
recognition as majority representative, shall determine whether the proposed
group is an appropriate group for recognition. Factors to be considered are
listed as follows:
1. Which group will assure employees the fullest freedom
in the exercise of rights set forth under this resolution.
2. The history of employee relations: (i) in the group;
(11) among other employees of the City; (iii) in similar public employment.
3. The effect of the grouping on the efficient operation
of the City and sound employer - employee relations.
4. The extent to which employees have a community of
interest, such as common skills, working conditions, job duties or similar
educational requirements.
5. The effect on the existing classification structure of
dividing a single classification among two or more groups.
Provided, however, no group shall be established solely on the basis
of the extent to which employees in the proposed group have organized or have
not organized.
SECTION 7. Petition for Recognition. An organization representing
employees that seeks recognition as the majority representative of the
employees in an Employee Group for Recognition shall file with the City
Representative a petition containing the following information:
(A) Name and address of the employee organization;
(B) Names and titles of its officers;
(C) Names of two employee organization representatives
who are authorized to speak on behalf of its members;
(D) A certified copy of the employee organization's con-
stitution or bylaws which shall contain a statement that the employee organization
has as one of its primary purposes the representation of the employees in their
employment relations with the City;
(E) A statement whether the employee organization is a
chapter or local of, or affiliated directly or indirectly in any manner with,
a regional or state, or national or international organization, and, if so,
the name and address of each such regional, state, national or international
Q organization;
(F) The designation of those persons, not exceeding two
in number, and their addresses, to whom notice sent by regular United States .
mail will be deemed sufficient notice to employee organization;
-4-
(G) A statement that the employee organization recognizes
that the provisions of Section 923 of the Labor Cdoe are not applicable to City
employees.
(H) A statement that the employee organization has no
restriction on membership based on race, color, creed, sex, national origin
or age.
(I) The names of the employees it represents, together
with the class titles and departments where employed.
(J) Signed statements, dated within six months of the
date upon which the petition is filed, from a majority of the employees in
the Employee Group for Recognition designating the organization as their repre-
sentative in their employment relations with the City. Such written proof
shall be submitted for confirmation to the City Representative. .
(K) A request that the City Representative recognize the
employee organization as the majority representative of the employees in the
Employee Group for Recognition for the purpose of meeting and conferring in
good faith on all matters within the scope of representation.
SECTION 8. Recognition of Majority Representatives. Upon the
determination of the City Representative that the petitioner meets the criteria
of an employee organization, he may, at his sole discretion, grant recognition
for purposes of meeting and conferring in good faith after determining the
majority status of the employee organization by either having a secret ballot
election conducted by a neutral party, or by any other reasonable method
based upon written proof executed within the preceding six months. When
recognition is granted, the City Representative will provide a letter of
certification to the Recognized Employee Organization.
The determination of what constitutes an appropriate Employee Group
for Recognition shall be made solely by the City Representative, which decision
shall be a fair and reasonable one which takes into account all applicable
precedent.
The recognition extended to the majority representatives of the
employee groups described in Section 6 of this resolution shall not be subject
to challenge by any competing employee organization until two years from the
date of initial recognition by the adoption of this resolution, and may be
renewed for additional two year periods, except as provided below:
A petition for modification of an Employee Group for Recognition
and /or decertification may be filed with the City Representative after the
initial two -year period, but not more than ninety or less than sixty days
prior to the expiration or renewal date of a memorandum of understanding
between the Recognized Employee Organization and the City.
Such petition may be filed by (1) the Recognized Employee Organization
as a disavowal of interest; (2) another organization provided the petition is
accompanied by authorization cards signed by at least thirty percent of all
-5-
0
0
employees in an employee group granted recognition prior to filing the petition;
(3) any group of employees consisting of at least ten percent of all employees
of the City.
SECTION 9. Agreement -- Preparation of Memorandum of Understanding.
If agreement is reached by the representatives of the City and a Recognized
Employee Organization or Organizations on matters within the scope of represen-
tation, they shall jointly prepare a written memorandum of such understanding,
which shall not be binding, and present it to the City Council for determination.
SECTION 10. Disposition of Failure to Agree. Any failure to agree
as defined in this resolution may be settled in the following manner:
If after a reasonable period of time, the City Representative and a
recognized Employee Organization or Organizations fail to reach agreement, the
City Representative and the Recognized Employee Organization or Recognized
Employee Organizations together may agree upon the appointment of a mediator
mutually agreeable to the parties. If mutual agreement on the appointment of a
mediator cannot be reached, the parties may select a mediator by obtaining a
list of seven names from the American Arbitration Association, The State Med-
iation and Conciliation Service, or some other agreed upon source, and each
party shall alternately strike one name from the list until only one name remains.
The parties shall instruct the mediator on.the facts to be ascertained and the
issues on which his interpretation, suggestion and advice are sought.
Costs of mediation shall be divided one -half to the City and one -half
to the Recognized Employee Organization or Recognized Employee Organizations.
The mediator shall keep all discussions with the parties confidential, and shall
take no public position on the merits of the issue or issues. His powers will
be strictly limited to his efforts to aid the parties to reach a voluntary accord.
SECTION 11. Grievance Procedure. Any employee or group of employees
may file a grievance regarding the interpretation or application of this resolution
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 own
behalf, or jointly by a group of employees, or by a Recognized Employee Organization.
Within seven 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 the grievance and give a written answer to the grievant within seven
calendar days from the receipt of the grievance by the supervisor. When the
immediate supervisor is also the department head the grievance shall be presented
�- directly in Step 2.
-6-
C�
Step 2. If the grievance is not resolved in Step 1, the
grievant may, within fourteen calendar days from his receipt of the supervisor's
answer, forward the grievance to his department head for consideration. Answer
to the grievance shall be made in writing by the department head, after conferring
with the grievant, within fourteen 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 calendar days from his receipt
of the department head's answer, through the representative of his 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 calendar
days.
The Grievance Procedure established by this section shall not be
applicable to any grievance affecting an employee who is included within the
Civil Service system (Police and Fire personnel) if such grievance is within
the jurisdiction of the Civil Service Board as provided in Chapter 2.24 of "
the Newport Beach Municipal Code.
SECTION 12. Employees at Meetings. A maximum of two employees
representing a Recognized Employee Organization may be released from work
without loss of pay or benefits to meet with the City Representative in employer-
employee relations. The limitation of two employees may be waived upon mutual
agreement between the City Representative and the Recognized Employee Organization.
SECTION 13. Timetable for Submission of Requests. Preliminary requests
from Recognized Employee Organizations for changes in wages, fringe benefits and
other terms and conditions of employment shall be submitted by March 1 of each
year for consideration by the City Representative for the following fiscal year.
SECTION 14. Membership Dues Deduction. Only a Recognized Employee
Organization may have the regular dues of its members deducted from the employees'
paychecks, and only upon the written authorization of the individual employee.
SECTION 15. Use of Bulletin Boards. Space shall be made available to
Recognized Employee Organizations on existing departmental bulletin boards with -
in the representation unit provided such use does not interfere with the needs
of the department and the material posted is not derogatory to the City, em-
ployees of the City, or other employee organizations in the fair and equitable
judgment of the City Representative.
SECTION 16. Use of City Facilities. Recognized Employee Organizations
may distribute pamphlets, brochures and membership cards in City facilities only
during non - working hours of the employees involved. No unrecognized employee
organization shall engage in organizing activities or distribute pamphlets or
similar literature in connection therewith on any City property.
Recognized Employee Organizations may hold meetings of their members
i or representatives on City property provided they obtain the prior permission
of the City Representative. Unless there are extraordinary circumstances such
requests should be presented to the City Representative at least twenty -four
-7-
0
hours prior to the anticipated time of the meeting. The City Representative
may authorize such meetings of Police and Fire Department during duty hours.
SECTION 17. Peace Officers' Affiliation with Other Organizations.
All City employees who are peace officers, as that term is defined in Section
817 of the California Penal Code, may form, join, participate in, and be repre-
sented by employee organizations of their own choosing for the purpose of
representation on all matters of employer - employee relations as provided by this
Resolution, provided such employee organizations: W are composed solely of such
peace officers, and (ii) concern themselves solely and exclusively with the
wages, hours, working conditions, welfare programs, and advancement of the aca-
demic and vocational training in furtherance of the police profession, and
(iii) are not subordinate to any other organization.
SECTION 18. Advance Notice. Except in case of emergency, each Recog-
nized Employee Organization affected shall be given written notice of any
resolution, rule or regulation directly relating to matters within the scope
of representation proposed to be adopted by the City Council and shall be given
the opportunity to meet with the City Representative prior to its adoption.
SECTION 19. Separability. If any provision of this resolution or
the application of such provision to any person or circumstance shall be held
O invalid, the remainder of this resolution or the application of such provision
to persons and circumstances other than those to which it is held invalid shall
not be affected thereby.
SECTION 20. Adoption of Resolution. This resolution is adopted
after consultation in good faith with the Newport Beach City Employees
Association and the Newport Beach Police Employees Association and the Newport
Beach Fire Fighters Association, which are the only employee organizations
having members in the employ of the City.
ADOPTED this 13th day of . April , 1970
s /Doreen Marshall
Mayor
ATTEST:
s /Laura Lagios
City Clerk
Q THS:eg
3/16/70
-8-
CITY OF NEWPORT BEACH
PERSONNEL OFFICE
DESIGNATION OF POSITIONS TO MANAGEMENT AND CONFIDENTIAL CATEGORIES
Section 5 of City of Newport Beach Resolution No. 7173, the Employer - Employee
Relations Resolution, authorizes the City representative to designate the employees
by job title who have been determined to be management and confidential employees.
Following is the list of those designations:
Department
and
Classification Number of Positions in Each
Category
Division
Title Management
Confidential
Other
Administrative
City Manager
1
Asst. City Manager
1
Adm. Asst. to City Mgr.
1
Secretary to City.Mgr.
1
Secretary
2
Personnel
Personnel Officer
1
Personnel Analyst
1
Safety 6 Training Coord.
1
Steno Clerk II
1
Steno Clerk I
1
Harbor 8 Tidelands
Harbor b Tidelands Adm.
1
Harbor S Tidelands Aide
1
Steno Clerk II
1
City Clerk
City Clerk
1
Deputy City Clerk
1
Steno Clerk II
1
City Attorney
City Attorney
1
Asst. City Attorney
1
Sr. Legal Secretary
1
Legal Secretary
1
Finance
Administration
Finance Director
1
Asst. to Finance Director
1
Sys. & Data Proc. Analyst
1
License Supervisor
1
License Inspector.
1
Programmer Analyst
1
Supervising Clerk
1
Accounting Clerk II
3
Rey Punch Operator
2
Accounting Clerk 1
5
Department
and
Classification Number of Positions in Each
Catertory
Division
Title Management
Confidential
Other
Finance
Purchasing
and Warehousing
Purchasing Agent 1
Senior Storekeeper 1
Storekeeper
2
Principal Clerk
1
Stock Clerk
1
Offset Equip. Operator
1
Accounting Clerk I
1
Asst. Offset Equip. Oper.
1
Community Development
Comm. Development Director 1
Asst.Comm. Dev. Director 1
Zoning Administrator 1
City Plan Administrator 1
Building Adm. Supervisor 1
Building Insp. Supervisor 1
Senior Planner
2
Plan Checking Engineer
1
Plan Checker
1
Building Inspector II
3
Building Inspector I
6
Zoning Inspector
1
Assistant Planner
1
Graphics Designer
1
Counter Man
1
Planning Aide
1
Secretary
2
Principal Clerk
1
Steno Clerk II
2
Typist Clerk II
1
Non - Departmental
Steno Clerk II
1
P.B.X. Operator
1
Police
Police Chief 1
Asst. Police Chief 1
Police Captain 3
Police Lieutenant 6
Police Sergeant 16
Police Officer
BO
Police Woman
1
Police Emerg. Equip. Dis.
7
Station Officer
1
Humane Officer
3
Senior Secretary
1
Parking Control Officer
2
Steno Clerk II
3
Police Clerk
13
-2-
L.
Department
and
Division
Fire
Marine Safety
Public Works
Classification Number of Positions in Each Category
Title Management Confidential Oth
Fire Chief
Deputy Fire Chief
Fire Marshal
Fire Battalion Chief
Fire Captain
Fire Lieutenant
Fire Engineer
Fireman
Fire Emerg. Equip. Dis.
Steno Clerk I
Marine Safety Director
Asst. Marine Safety Dir
Lifeguard Captain
Boat Lieutenant
Boat Operator
Senior Lifeguard
Secretary
Administration 6 Engineering
Public Works Director -
Street Supt.
Asst. Public Works Dir. -
City Engineer
Civil Engineer
Sr. Asst. Civil Eng.
Asst. Civil Engineer
Administrative Asst.
Pub. Works Insp. II
Survey Party Chief
Chief Draftsman
Pub. Works Insp. I
Engineering Aide III
Engineering Aide II
Survey Instrument Man
Survey Rodman 6 Chainman
Secretary
Steno Clerk I
Typist Clerk II
Traffic and Parking
Traffic Engineer
Traffic Eng. Technician
Parking Lot Supervisor
Parking Meter Foreman
Engineering Aide I
Parking Met. Svcman. II
Parking Met. Svcman. I
-3-
1
1
1
4
16
6
1
1
2
1
2
3
1
1
4
2
1
1
1
1
1
1
1
25
36
3
K
1
1
1
3
1
3
1
1
E
1
1
1
1
1
Department
and
Classification Number of Positions in Each
Category
Division
Title Management Confidential
Other
Public Works
Electrical
Electrical Foreman
1
Electrician
2
Electrician Helper
1
Sewers
Asst. Utilities Supt.
1
Asst. Wat. & Sew. Foreman
2
Construction Man
3
Pump Operator
2
Maintenance Man I
4
Water
Utilities Supt.
1
Construction Foreman
1
Utilities Adm. Aide
1
Asst. Construction Frman.
1
Asst. Wat. & Sew. Foreman
3
Water Meter Foreman
1
Water Plant Operator II
1
Engineering Aide I
1
Construction Man
3
Maintenance Man II
Water Meter Repairman
3
1
Painter
1
Water Meter Man
2
Water Plant Oper. I
1
Maintenance Man I
4
Typist Clerk II
1
General Services
Administration
General Services Dir.
1
Asst. Gen. Svc. Director
1
Administrative Asst.
1
General Services Insp.
1
Secretary
1
Field Maintenance
Field Maint. Foreman
1
Concrete Foreman
1
Street Maint. Foreman
1
Carpenter Foreman
1
Sign & Paint Shop.Frman.
1
Asst. St. Maint. Frman.
1
Cement Finisher
2
Equipment Operator II
10
Carpenter
2
Maintenance Man II
4
Sign & Paint Shop Tech.
2
Refuse Leadman
1
Maintenance Man I
2
Equipment Operator I
6
Laborer
9
l
Department
and Classification Number of Positions in Each Category
Division Title Management Confidential Other
General Services 0
Signs and Markings
Traffic Painter Foreman 1
Traffic Painter Leadman
Traffic Painter
Laborer
Refuse
Refuse Foreman
Asst. Refuse Foreman
Refuse Leadman
Refuse Crewman
Equipment Maintenance
Equipment Maint. Supt.
Equipment Mach. Foreman
Equipment *tech. III
Equipment Mach. II
Equipment Mach. I
Equip. Mach. Helper
Building Maintenance
Building Maint. Foreman
Building Maint. Man III
Building Maint. Man II
Building Maint. Man I
Libraries
City Librarian
Asst. City Librarian
Librarian II
Librarian I
Library Assistant II
Library Assistant I
Secretary
Typist Clerk III
Typist Clerk II
Typist Clerk I
Parks, Beaches and Recreation
Administration'
1
1
1
1
E
1
1
3
1
Parks, Beaches S Rec. Dir. 1
Secretary
Typist Clerk II
-5—
1
1
3
14
16
3
4
2
1
10
3
5
2
5
1
2
11
4
1
1
Department
and Classification Number of Positions in Each Category
Division Title Management Confidential Other
Parks. Beaches & Recreation
Recreation
Recreation Superintendent 1
Recreation Supervisor
Recreation -- Self- Supporting
Parks
Marinapark
J
Tennis Coordinator
Park Superintendent
Park Foreman
Landscape Planner
Tree Foreman
Asst. Tree Foreman
Tree Trimmer
Groundsman Gardener II
Groundsman Gardener I
Marinapark Manager
Groundsman Gardener II
Groundsman Gardener I
Marinapark Clerk
TOTAL
1
1
1
1
130
3
1
1
1
4
15
13
1
1
1
31 425
Pursuant to Section 4 of Resolution No. 7173, " . Management and Confidential
employees may not represent employees in any of the employee groups on matters
within the scope of representation . . . " It is understood, however, that the
City Representative may, at the request of one or more employee representatives
of a recognized employee organization or organizations, allow a management or
confidential employee or employees to participate in a meet and confer session
or sessions when their participation would enhance the meet and confer process.
Approved this 10th day of July, 1971, under authority of Section 5, Resolution No. 717?
FI:BL
TA eMR. . BET TENC0URT
Acting City Manager and City Representative
-6-