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HomeMy WebLinkAbout07 - Memorandum of Understanding - Newport Beach City Employees AssociationCITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES DEPARTMENT Resource Management Division August 13,1998 August 13, 1998 Council Agenda Item#7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dennis Danner, Administrative Services Director 4,040 SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH CITY EMPLOYEES ASSOCIATION DISCUSSION: The current agreement with the City of Newport Beach City Employees Association (CEA) expired on June 30, 1998. The term of the agreement was extended through the present time, with the mutual consent of the City and the Association; while negotiations were underway on a new agreement. A new three year agreement was recently reached between the City and this Association, the new Memorandum of Understanding (MOU) was prepared, and each party reviewed and approved the MOU. The new agreement provides for the following: Compensation Adjustment July 1, 1998 - 3.0% Salary Adjustment July 1, 1999 - 2.5% Salary Adjustment July 1, 2000 - 2.5% Salary Adjustment During the term of this agreement, should the City lose motor vehicle license fee revenue, or its replacement, the City reserves the right to reopen negotiations on the economic provisions of the MOU. Health Insurance July 1, 1999 - the City's maximum contribution for health and dental insurance premiums shall be increased from $400 per month to $425 per month. July 1, 2000 - the City's maximum contribution for health and dental insurance premiums shall be increased from $425 per month to $450 per month. In addition, the City and Association shall meet jointly to explore the implementation of a qualified cafeteria plan with the intent that a plan will be implemented in January, 1999. Disability Insurance January 1, 1999 - the employees will assume the cost of the disability premium of approximately 1% of salary while the City will increase compensation by 1 %. There will be a 30 day waiting period to receive disability payments that will be capped at 66.6 % of salary. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted. Concurrent with the implementation of the new disability insurance program, the industrial accident leave policy of the City shall be eliminated. Flex Leave 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 accrue time above the maximum accrual limit. July 1, 2000 - the City's informal practice of allowing employees to cash in accrued vacation/flex leave shall end. Holidays Effective January, 1999, holidays that fall on a Saturday will be observed on the preceding Friday, replacing the current practice of adding 8 hours of leave to an employee's leave bank when recognized holidays fall on a Saturday. Re- openers The City and Association agree to, upon request of the City, reopen negotiations during the term of this agreement on a City -wide reasonable suspicion drug testing policy. ANALYSIS It is estimated that the economic portions of agreement will cost the following: 1998 -99 $85,000 1999 -00 $92,000 2000 -01 $88,000 Based upon Council direction at the commencement of negotiations, funds were included in the Appropriation Reserve in the City's adopted budget to fund the economic portion of this agreement. Expenditure savings will be achieved by the increased use of flex leave and the restructuring of the City's Disability Insurance Program. RECOMMENDATION: It is recommended that the City Council approve the attached Memorandum of Understanding between the City and the City Employees Association for the period July 1, 1998 to June 30, 2001. c: \wi nword \denniswp \cea_mou98 \07/31/98 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT BEACH CITY EMPLOYEES ASSOCIATION This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered into with reference to the following: PREAMBLE 1. The Newport Beach City Employees Association ( "NBCEA "), a recognized employee organization, and the City of Newport Beach ( "City "), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment. 2. NBCEA representatives and City representatives have reached a tentative agreement as to wages, hours and other terms and conditions of employment for the period from July 1, 1998 to June 30, 2001 and this tentative agreement has been embodied in this MOU. 3. This MOU, upon approval by NBCEA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation. SECTION 1. - General Provisions A. Recognition In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that NBCEA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment. for all employees in those classifications specified in Exhibit "A" or as appropriately modified in accordance with the Employer/Employee Resolution. All other classifications and positions not specifically included within Exhibit "A" are excluded from representation by NBCEA. B. Duration of Memorandum 1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of July I, 1998. This MOU shall remain in full force and effect until June 30, 2001, and the provisions of this MOU shall continue after the 1 date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU. 2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter, the ordinances, resolutions and policies of the City of Newport Beach, and federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement similar to this MOU. C. Release Time Three NBCEA officers designated by the NBCEA shall be granted 40 hours paid release time maximum per designee, annually, for the conduct of NBCEA business. Such time shall be exclusive of actual time spent in collective bargaining and shall be scheduled at the discretion of the NBCEA officer. Every effort will be made to schedule this time to avoid interference with City operations. 2. Release time designees shall be identified annually and notice shall be provided to the City. Release time incurred shall be reported regularly in the form and manner prescribed by the City. 3. Activities performed on release time shall include representation of members in rights disputes; preparation for collective bargaining activities, and distribution of NBCEA written communication in the work place. D. Employee Data and Access The City shall provide NBCEA a regular list of all unit members including name, department, and job title. NBCEA designated officers shall be entitled to solicit membership from new employees at their work site. This solicitation shall be made from the RELEASE TIME FOR NBCEA OFFICERS total, and shall be scheduled in a manner that is not disruptive to departmental operations. Department heads may determine appropriate times for new employee contact, but they cannot reasonably deny such contact. E. Conclusiveness This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled, and each party expressly waives its rights to request the other to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has 2 the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein. F. Modifications Any agreement, alteration, understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties. G. Savings Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU. H. Permanent Part-Time Employees City permanent part-time employees are recognized to have due process rights, in particular Skelly rights, as provided to regular employees. Membership in NBCEA by part -time employees does not confer on same recognition as a labor organization for purposes of collective bargaining. SECTION 2. - Comaensation A. Pay for Time Worked Salary Adjustments Effective the first pay period of July, 1998, salaries shall be increased by 3 %. Effective the first pay period in July, 1999, salaries shall be increased by 2.5%. Effective the first pay period in July, 2000, salaries shall be increased by 2.5%. For the term of this agreement, the City will pay each member's contribution to the Public Employees Retirement System (PERS) not to exceed 7 %. The retirement pick -up shall be credited to the employee's individual account with PERS. 3 2. Compensation for Overtime - Normal Overtime a. Definitions i. Miscellaneous Employee - An employee designated as a miscellaneous member of the Public Employees Retirement System (PERS). ii. Miscellaneous Employees - Normal overtime is defined as any scheduled hours worked in excess of the basic work week. For the purposes of this section, the basic work week is 40 hours, or as determined by the Department Director and approved by the City Manager which occurs between a fixed and regularly recurring period of 168 hours - 7 consecutive 24 hour periods - beginning at 0001 on Saturday and ending at midnight the following Friday. iii. Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. iv. Compensation - Normal overtime for all non - exempt employees shall be paid at one - and - one -half (1 -1/2) times the hourly rate of the employee's bi- weekly salary rate. Reporting of overtime on payroll forms will be as prescribed by the Administrative Services Director. 3. Standby Duty a. Defined i. To be ready to respond immediately to calls for service; ii. To be reachable by telephone; iii. To remain within a specified distance from his/her work station; and iv. To refrain from activities which might impair the employee's ability to perform his/her assigned duties. b. Compensation Standby duty shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of such duty. 11 Standby duty on holidays shall be compensated at the rate of two (2) hours of overtime compensation for each (8) hours of standby duty. Should the employee be required to return to work while on standby status, the provisions pertaining to compensation for call -back pay shall apply for the actual period of time the employee is in a work status. 4. Call -Back Duty a. Defined Call -back duty requires the employee to respond to a request to return to his/her work station after the normal work shift has been completed and the employee has left his /her normal work station. Those periods of overtime which had been scheduled by the Department Director prior to the end of the normal work shift are not considered call -back duty. b. Compensation All personnel eligible for overtime pay shall be guaranteed two (2) hours pay, or pay for one - and - one -half (1 -1/2) times the number of hours worked, whichever is greater. Reporting of overtime on payroll forms will be prescribed by the Administrative Services Director. 5. Court Time Employees who are required to appear in Court during their off -duty hours in connection with City business shall receive overtime compensation for the number of hours they spend in court, with a minimum of two (2) hours of such compensation. 6. Accumulation of Compensatory Time Off Employees may accumulate up to eighty (80) hours of Compensatory Time. Any hours in excess of eighty (80) will be paid off. Accumulation in excess of the eighty (80) hours may be approved at the discretion of the Department Director. a. Compensatory time off for non - exempt employees shall accrue at the rate of time - and -a -half for every overtime hour worked. b. All compensatory time earned must be reported to the payroll section on the departmental time sheets in the "A.O." column. 5 7. Incidental Overtime a. Defined Incidental overtime is any extension of the basic work shift of less than 1 /10 of an hour that is non - recurrent. b. Compensation Incidental overtime is not compensable. 8. Pension Fund NBCEA shall have the right to designate, once during the term of this agreement, a portion of salary for represented employees to the LIUNA Pension Fund. This contribution is made at the election of NBCEA and shall be deducted from salary. Contributions shall be made on a hourly basis; not to exceed forty (40) hour per week. The City's sole obligation shall be to forward designated amounts to the fund. NBCEA and LIUNA shall indemnify and hold harmless the City against any and all claims made as a result of its action pursuant to this section. Monies diverted to the pension fund shall be considered as salary for all compensation comparison purposes. B. Pay for Time Not Worked 1. Flex Leave Permanent full -time employees enrolled in the flex leave program will earn leave to the following schedule: Years of continuous Accrual per Annual service 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 21 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue flex leave at the following rates: Years of continuous Accrual per Annual service pay period/hrs Days 1 but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 During the first six months of employment, new permanent full -time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Employees who are assigned to an 88 hour schedule per pay period will accrue time in proportionate amounts. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment prior to six months, the City will subtract the pay equivalent of the number of flex leave days advanced from the employees final check. Any flex leave time advanced during the first six months of employment will be subtracted from the six (6) months of accrual placed in the employees account upon completion of six months employment. a. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the members bi- weekly accrual rate. Any flex leave earned in excess of this level will be paid on an hour for hour basis in cash at the employee's hourly rate of pay. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay provided that they have utilized at least eighty (80) hours of flex leave the previous calendar year. Effective January 1, 1999, employees accruing at the 16 years of continuous service level or above shall be required to use 120 hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spillover pay and shall not be 7 entitled to accrue flex leave in excess of the flex leave accrual threshold. b. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Flex leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. C. Night Shift Differential Unit members shall receive a night shift differential of $1.00 per hour; payable for each hour worked after 5:00 pm. D. Incentive Shift for Library Members For CEA members in Library Division, the Sunday work shift will be considered an "incentive" shift. Unit members working on Sunday who work five hours but less than eight will receive eight hours incentive pay at the regular hourly rate. This article is not to be construed as to impact on other City rules. E. Assignment Pay At the discretion of the Planning Director, an assignment pay of 7.5% of salary shall be paid to the unit member, other than the Planning Commission Secretary, designated to provide clerical support to the Planning Commission. SECTION 3. Leaves A. Vacation Leave 1. Basis for Accrual/Full -Time Employees Employees entitled to vacation leave - with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedule: 0 Years of Hours in Continuous Normal Work Week Service 40 0 but less than 5 3.38 5 but less than 9 3.99 9 but less than 12 4.61 12 but less than 16 5.22 16 but less than 20 5.84 20 but less than 25 6.46 25 and over 7.07 2. Limit on Accumulation Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two -year limit provided all such excess accumulation is taken by March 31 st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry-level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial six (6) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. Vacation leave may be granted on an hourly basis. B. Holiday Leave Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director require their presence on the job. For each designated holiday, except the Floating Holidays, such excepted personnel shall receive an equivalent number of hours of paid leave or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. Independence Day Labor Day Veteran's Day Thanksgiving Day July 4 1st Monday in Sept. November 11 4th Thurs. in November C. Christmas Eve Christmas New Year's Eve New Year's Day Washington's Birthday Memorial Day Floating Holiday (1) Friday following Thanksgiving Last 1/2 of working day December 25 Last 1/2 of working day January 1 3rd Monday in February Last Monday in May Effective, January, 1999, holidays listed above (except the floating holiday) occurring on a Saturday shall be observed the preceding Friday. Holidays occurring on a Sunday shall be observed the following Monday. Holiday pay will be paid only to employees who work their scheduled day before and scheduled day after a holiday or are on authorized leave (e.g.) approved vacation or sick leave that has been reviewed and approved by the Department Director. 2. Newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. 3. "Floating Holiday" eligibility allows for newly hired employees to earn their first floating holiday credit, eight (8) hours, at the same time as they receive their regular appointment status, which allows the successful completion of their probationary period. Sick Leave 1. Basis for Accrual/Full -time Employees Full -time, regular employees shall accrue sick leave based on the number of hours in a normal work week for the position to which they are assigned in accordance with the following schedules: Normal Work Week 40 hours Service Time Monthly Accrual 0 -1 year 4 hours 1 -2 years 5 hours 2 -3 years 6 hours 3 -4 years 7 hours 4+ 8 hours 10 2. Method of Use a. General Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his/her initial probation period is eligible to use his /her accumulated sick leave provided that if for any reason his /her City employment is terminated prior to the completion of such probationary period, his/her final paycheck shall be reduced by the value of the sick leave he /she has taken. After completion of the initial six (6) months probation period, entry-level employees shall not have used sick leave deducted from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. Sick leave may be granted on an hourly basis. b. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 703.1 of the Personnel Rules. D. Family Sick Leave Policy Employees are authorized to use five (5) eight (8) hour days of accrued sick leave per calendar year for an illness of a dependent which requires the presence of employee. The eligibility definition for family sick leave shall be defined as an immediate family member or a person for whom you are the primary contributor to their support according to IRS specifications. E. Sick Leave Conversion Employees who at the end of the calendar year have an accrued level of sick leave equal to or greater than the full value of 50 months of accrued sick leave, and who have used six or less days of sick leave during that calendar year will be permitted (only once per year) to convert up to six (6) days of sick leave to either salary or paid vacation at the value of 50% (maximum value of 3 days per year). Eligible sick leave days converted to cash shall be at the employee's option. Eligible sick leave days converted to paid vacation shall require the approval of the Department Director. This is true for only those employees who are under the old Sick Leave Policy. 11 F. Bereavement Leave The Bereavement Leave Program shall be as follows: The necessary absence from duty by an employee having a regular or probationary appointment, because of the death or terminal illness in his/her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father -in -law, mother -in -law and grandparents. SECTION 4. - Fringe Benefits. A. Insurance 1. Health and Dental Insurance The City shall make available to all NBCEA members the PERS health insurance programs and a second health care plan. City shall pay the health and dental premium for each NBCEA member, up to a maximum of $400 per month. Effective July 1, 1999, the City shall pay the health and dental premium for each NBCEA member, up to a maximum of $425 per month. Effective July 1, 2000, the City shall pay the health and dental premium for each NBCEA member, up to a maximum of $450 per month. 2. Cafeteria Plan Commencing approximately September 15, 1998, the City, Association and other employee groups shall jointly meet to explore the implementation of a qualified cafeteria plan. The intent of the parties is to have a plan available for implementation in January, 1999. 3. Vision Insurance The existing or a comparable vision care plan shall be maintained as part of the City's indemnity insurance policy for the term of this agreement. 4. Information Committee City has established a Medical/Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical/Dental Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and 12 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. Retiree Medical Insurance For the term of this agreement, the parties agree that the maximum contribution by the City and active employees for retiree medical insurance shall not exceed $400 per month. The active employees contribution shall be 25% of the cost of the retiree medical insurance program for the life of this agreement. The City will allow the previously enrolled spouse of a retiree to continue to be covered under the Retiree Health Insurance Policy offered by the City. The City and Association agree to work, through a City wide committee, on a variety of issues involving retiree medical insurance in an attempt to achieve cost containment and equity amongst the City's retiree medical programs. B. Medical Ovt Out Employees will be allowed to opt out of any of the City's health plans, and if they choose to do so they may receive $200 per month. To qualify the employee would be required to supply evidence of alternative coverage, and to sign a hold harmless agreement, releasing the City from any responsibility as a health care provider. C. Disability Insurance Under the new paid leave program, the following rules will govern access to the disability insurance program: Employee must be enrolled in the disability program. 2. All existing sick leave accumulated in an employee's sick leave bank must be used. 3. If 240 or more hours have been used by an employee for the illness that exhausts the sick leave bank, the employee may opt to go immediately into the disability plan. 4. All others must use at least five days or one -third of available paid leave whichever is greater before opting to use the disability plan. 13 5. In all cases there is a five working day waiting period for use of the disability plan. Employees without accumulated sick leave banks or accumulated paid leave must be away from work for five days before opting into the disability plan. 6. City will pay the cost of disability insurance according to the following schedule: Accrued leave (sick, paid or combination) of 160 hours but less than 280 hours - 50% paid. Accrued leave (sick, paid or combination) of 280 hours or more - 100% paid. When an employee having five years of service with the City is on an approved disability leave of absence (up to a maximum of one year), the City will pay one -third of the cost of the employee's insurance (health, life and disability); for an employee with ten years of service, the City will pay two - thirds of the cost; the City will pay the entire cost for an employee with fifteen years or more of service. Refer to Personnel Resolution 703.6 Extended Sick Leave for employees enrolled in new paid leave program. D. Disability Insurance - New Effective January, 1999, the disability insurance program set forth above shall end. In lieu, the City shall provide disability insurance with the following provisions: Weekly Benefit 662/3% 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. 14 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. D. Tuition Reimbursement NBCEA members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100 %) of the actual cost of tuition, books, fees or other student expenses for approved job- related courses. Maximum tuition reimbursement for employees shall be $1,000.00 per fiscal year. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of 'B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Administrative Services Director. SECTION 5. Miscellaneous A. Administration and Maintenance of Classification Plan The City Manager shall be responsible for the administration and maintenance of the classification plan. Periodically, the City Manager shall direct a review of the existing classification plan to ensure that it is effectively maintained and that it reflects any significant changes in the duties and responsibilities of positions. Should an employee have cause to believe that significant changes have occurred in his/her duties and responsibilities without being reflected in their classification description, they may advise their Department Director in writing of their concern. This communication should clearly describe the specific changes in duties and responsibilities, and should be referred through the chain of command to the Department Director. The Department Director will consider the request and within 60 days either reject it at his/her level or refer it to the Human Resources Division for further evaluation. If the Department Director does not respond to the subject employee within 60 days, the employee may refer the request directly to the Human Resources Division. The Human Resources Division will either reject the request or refer it to the City Manager with a recommendation to modify the classification description. The City Manager has the final authority to approve or reject the recommendations of the Human Resources Division as they effect any modifications to the classification plan. The classification and reclassification of positions shall be the responsibility of the City Manager, subject to budgetary authorization and to Civil Service Board approval when positions in the classification service are involved. No reclassification of a position shall be made without the prior knowledge of employee(s) in the position. 15 When a position is reclassified upward, the incumbent of the position being reclassified shall be reclassified with the position. If the position being reclassified has not been occupied by one individual for a period of one year, continuously prior to the reclassification, the reclassified position may be filled by recruitment. Unless, in the judgment of the Department Director, there are exceptional circumstances such recruitment shall be closed promotional. Any reclassification request denied by the Personnel Director shall be returned to the employee with a written statement of the reasons for the denial. B. Reductions in Force/Layoffs The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. DEFINITIONS "Layoffs" or "Laid Off' shall mean the non - disciplinary termination of employment. 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 16 classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those classifications following a meet and consult process which constitute a Series. 5. "Bumping Rights ", 'Bumping" or 'Bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. PROCEDURE In the event the City Manager determines to reduce the number of employees within a classification, the following procedures are applicable: a. Temporary and probationary employees within any classification shall, in that order, be laid off before permanent employees. b. Employees within a classification shall be laid off in inverse order of seniority; C. An employee subject to layoff in one classification shall have the right to bump a less senior employee in a lower ranking classification within a series. An employee who has bumping rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise bumping rights. d. In the event two or more employees in the same classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. 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. 17 REEMPLOYMENT Permanent and probationary employees who are laid off shall be placed on a Department re- employment list in reverse order of layoff. The re- employment list shall expire in 18 months. In the event a vacant position occurs in the classification which the employee occupied at the time of layoff, or a lower ranking classification within a series, the employee at the top of the Department re- employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re- employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Division Manager. SEVERANCE If an employee is laid off from their job with the City, for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City of Newport Beach up to ten (10) weeks of pay. C. Transfer and Reassignments The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee is taken into consideration. D. Promotional Preference Where no less than 2 unit members achieve top three ranking on a certified eligible list, selection to the position shall be made with preference given to the unit members so qualified. Position vacancy announcements for all available City positions shall be distributed in a manner that reasonably assures unit members access to the announcements. E. Labor Management Committee Committees shall meet quarterly on an annual schedule; names of participating unit members shall be announced to management no less than 5 working days before the scheduled meeting; cancellation for cause shall be rendered by the canceling party no less than 48 hours prior to the scheduled meeting; canceled meetings shall be rescheduled to take place within 5 working days of the canceled meeting; committees shall be departmental; they may be combined in the interests of efficiency with other such committees; City participants shall include appropriate In department or division heads outside the unit; the purpose of the committees shall be to resolve conflict and exchange information; a unit staff person may attend meetings; meetings shall be scheduled to last no less than one hour; grievances in process shall not be subject to resolution in meetings; matters properly dealt with in negotiations may be discussed but no agreements shall be effected on same in committee. Meetings shall be on work time. The Committees shall include a Library Committee with two unit members participating; and three additional Committees, one of which shall meet in each quarter of the year on a continuing rotational basis. 1. Building/Planning/Engineering: Minimum representation shall include one NBCEA member and one management representative. 2. Finance: Minimum representation shall include two NBCEA members and two management representatives. 3. All other City departments: Minimum representation shall include three NBCEA members and three management representatives. The City and NBCEA agree that initial committee establishment will require good faith effort to effect the spirit of this agreement. F. Discipline - Notice of Intent Employees who are to be the subject of substantial punitive discipline for any misconduct or negligence shall be entitled to prior written notice of intent to discipline at least seven (7) calendar days prior to the imposition of the actual penalty. This written notice shall contain a description of the event or conduct which justifies the imposition of discipline. The notice shall also include the specific form of a discipline intended, and the employee shall be offered the opportunity to a hearing before their Department Director prior to the imposition of the penalty. This procedure will only be applied in cases of substantial punitive discipline. It shall be understood that a disciplinary penalty equal to an unpaid suspension of three (3) days or greater shall be substantial. All other discipline resulting in less than a three (3) day suspension will be considered non - substantial and will not be subject to the aforementioned procedure. This understanding is not intended to in any way reduce the rights of employees to due process. Employees who have become the subject to discipline and who believe that the penalty is not justified shall have access to the grievance procedure as established in the Employee- Employer Resolution #7173. 19 G. Grievance Procedure 1. Step 1: A grievance may be filed by any employee on his/her own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within ten (10) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle grievance and give a written answer to the grievant within seven (7) calendar days from receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented in Step 2. 2. Step 2: If the grievance is not resolved in Step 1, the grievant may, within fourteen (14) calendar days from his/her receipt of the supervisor's answer, forward the grievance to the department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen (14) calendar days from receipt of the grievance. 3. Step 3: If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant within ten (10) calendar days from the receipt of the department heads answer, through the representative of his/her Recognized Employee Organization who may request a meeting with the City Representative to resolve the grievance. Following the meeting, answer shall be made by the City Representative, in writing, to the representative within twenty -one (21) calendar days. 4. Std 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 20 optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. 5. Step 5: Within 20 calendar days of receipt of a grievance denial at step three, the grievant may file the grievance, in writing, with the Civil Service Board. At the next regularly scheduled meeting of the Civil Service Board, the grievance shall be heard, using Civil Service Board De Novo procedures. Within 20 calendar days of the hearing, the Civil Service Board shall issue its findings and conclusions to the parties at interest. Within 7 calendar days of the issuance of Civil Service Board findings and conclusions, the City Manager shall affirm, modify or revoke the Boards decision. The City Managers decision shall be considered exhaustive of administrative remedies. Performance evaluation ratings and written reprimands are excluded from this Step Four grievance process, and shall be dealt with as currently provided in the Discipline Code. H. Performance Evaluation 1. PREPARATION: The Supervisor shall review the employees previous evaluation and identify changes in performance. All performance evaluations shall be based on the job description. The City shall maintain the job description in a manner which reflects the current duties and responsibilities of the job. The City will make copies of the current job description available to each employee upon request. 2. COMPLETION OF THE RATING: The Supervisor shall review any documentation and discuss its relationship to the performance ratings assigned for the current rating period. Assign ratings to each item on the form, basing them on factual information or upon observable behavior. The Supervisor shall write narrative information and examples to support the ratings, especially 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. 21 The Supervisor shall present the evaluation to the employee in an environment conducive to clear communication. Attempt to resolve items in dispute in a factual manner. Conclude by presenting the rating criteria for the next rating period. Any changes resulting from the review must be approved by the rater's Department Head prior to completion. 4. POST REVIEW PROCESS: The employee is given a copy of the final rating when Department Head review is completed. Evaluations with an overall rating of Improvement Needed or Unsatisfactory may be appealed at the discretion of the employee at step two of the Grievance Procedure. The employee may attach a rebuttal to any evaluation prior to its placement in his/her permanent personnel file. 5. RATING SCHEDULE: Employees may receive a performance evaluation at any time, but all employees will receive at least one performance evaluation annually in coordination with their anniversary date. Any evaluation not rendered within 30 calendar days of its due date will be considered a Competent overall rating for any subsequent use or purpose. Additionally, the City and NBCEA agree to expand the grievance procedure as it relates to performance evaluations and written reprimands, permitting them to be appealed to the 4th step of the grievance procedure. 6. TRANSFERS AND REASSIGNMENTS: The City and the NBCEA agree to modify the "transfers and assignments" article in the MOU to read as follows: "The City acknowledges that before arriving at a final decision involving the transfer or reassignment of work schedules of those employees represented by the NBCEA, the seniority and preference of the employee will be taken into consideration. I. Service Awards For the purpose of determining service awards, if an employee has been employed by the City on more than one occasion, non - consecutive time will be considered as part of total service. Prior to system implementations, an employee is required to individually notify the awards committee of all of the service time. J. Employee Handbook There will be a consolidation of documents to be given to each employee. This consolidation will be comprised of Personnel Policies, related Departmental Rules and Regulations; Employee/Employer Resolutions and a copy of Memorandum of Understanding. More information may be included. 22 K. 9/80 Scheduling Plan The City agrees to maintain flex - scheduling where it is currently operating successfully and additionally to put in place a 9/80 schedule, on a test basis (excluding the Library) for the balance of the life of the MOU. This test will be conducted at the discretion of the Department Director. The program will have proven itself to be successful if it costs the same or less than the present 5/40 program, and if the service levels for the 9/80 are the same or better as they are on the present 5/40 program. The program will be evaluated individually by work group, and should a problem involving service reductions or increases in cost materialize, the Department Director will meet with the work group to resolve the problem. If the Department Director and the work group disagree on the solution, the City Manager will consider both sides of the issue and resolve the dispute. Final evaluation of the success /failure of the 9/80 schedule test will be conducted by the Department Director, and his /her determination shall be final. L. Reoaeners The City and NBCEA agree to, upon request of either party, reopen negotiations during the term of this agreement on the personnel rules. 2. The City and NBCEA agree to, upon request of the City, reopen negotiations during the term of this agreement on a City -wide reasonable suspicion drug testing policy. 3. Should the City lose, during the term of this agreement, Motor Vehicle in Lieu revenues; or the replacement revenue provided by the State for lost Motor Vehicle in Lieu revenues, the City reserves the right to reopen negotiations on the economic provisions of this Memorandum of Understanding. M. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. N. Vacation/Flex Leave Sellback Effective July, 2000, the City's informal practice of allowing employees to cash -in accrued vacation/flex leave shall end. 23 O. Deferred Compensation ATTEST: Lo The City agrees to, through a joint City - Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. Executed this day of LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney ..; NEWPORT BEACH CITY EMPLOYEES ASSOCIATION to Paul Bechely Un CITY OF NEWPORT BEACH 0 24 Mayor Thomas Edwards EXHIBIT A CITY EMPLOYEES ASSOCIATION Account Clerk Account Clerk, Senior Accountant I Accountant II Accounts Payable Supervisor Administrative Clerk Administrative Clerk, Fire Buyer MIS Equipment Operator Duplication Machine Operator Duplicating/Mail Room Clerk Legal Secretary I Legal Secretary II Librarian I Librarian 11 Librarian III Librarian IV Library Automation Specialist Library Clerk I Library Clerk 11 Library Clerk III Library Clerk W Library Newport Center Manager Library Support Clerk, Senior License Inspector Literacy Coordinator Marine Training Coordinator Printing Services Manager Recreation Coordinator, Senior Recreation Supervisor, Senior Recreation Supervisor Secretary Executive Secretary, Planning Director Stock Clerk Storekeeper Warehouse Manager /Senior Buyer 25 TO: FROM DATE RE: 0 MAYOR AND CITY COUNCILMEMBERS Kevin J. Murphy, City Managere,' August 10, 1998 E CITY COUNCIL AGENDA ITEM 7 CEA MEMORANDUM OF UNDERSTANDING City Council Agenda Item #7 on the Consent Calendar requests approval of a Memorandum of Understanding with the City Employees' Association. This morning Gail Olson, our Human Resources Manager, notified me that one key provision of the negotiations hadn't been included in the final document presented to the Employees' Association for signature. This key issue is the extension of the six-month probationary period to one year. This has been a goal of our Human Resources Manager for some time. This morning the CEA was notified of this omission and agreed to its inclusion. Attached is a substitute signature page including the one-year probationary period. If the City Council approves this item as part of the Consent Calendar, the modified language will be considered part of the official action by the City Council. cc: Administrative Services Director Human Resources Manager City Attorney City Clerk RUG -10-199e 15:35 •WILLIAM WERY & ASSOC. , p,02 3. Should the City lose, during the term of this agreement, Motor Vehicle in Lieu revenues; or the replacement revenue provided by the State for lost Motor Vehicle in Lieu revenues, the City reserves the right to reopen negotiations on the economic provisions of this Memorandum of Understanding. M. Direct Deposit Effective October 1, 1997, all newly hired employees shall participate in the payroll direct deposit system. Effective July, 2000, the City's informal practice of allowing employees to cash -in accrued vacation/flex leave shall end. The City agrees to, through a joint City -Employee Committee, explore the possible addition of additional deferred compensation providers during the term of this agreement. Effective July 1, 1998, newly hired employees shall serve a twelve (12) month probationary period. There shall be no change in the probationary period for promoted employees. Concurrently, newly hired employees shall become eligible for their first step increase after twelve (12) months. All other City rules regarding step increases shall remain unchanged. Executed this day of 1998: NEWPORT BEACH CITY XKPLOYZRS ASSOCIATION By Um 26 AUG -10-1998 15;�5 WILLIAM AIERY & ASSOC. x.03 CITY OF NEWPORT BEACH By: Thomas Edwards Mayor ATTEST: By: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robert H. Burnham, City Attorney 27 TOTAL P.03