HomeMy WebLinkAbout15 - MOU - Newport Beach Professional and Technical Employees AssociationCITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management Division
November 9, 1998
November 9, 1998
Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dick Kurth, Administrative Services Director (Acting)
SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH
PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
DISCUSSION:
The current agreement with the City of Newport Beach Professional & Technical Employees
Association 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.
Probation Period
The probation period for newly hired employees shall be increased from six months to
one year.
ANALYSIS
It is estimated that the economic portions of agreement will cost the following:
1998 -99
$82,000
1999 -00
$80,000
2000 -01
$80,000
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 Newport Beach Professional & Technical Employees Association for
the period July 1, 1998 to June 30, 2001.
profteeh_mou98 11/04/98 10:05 AM
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU ") is entered into with reference to the following:
PREAMBLE
The Newport Beach Professional and Technical Employees
Association ( "NBPTEA "), a recognized employee organization,
and the City of Newport Beach ( "City "), a municipal
corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours,
fringe benefits and other terms and conditions of employment.
NBPTEA representatives and City representatives have reached
a tentative agreement as to wages, hours and other terms and
conditions of employment to apply to all affected employees
for the period of July 1, 1998 through June 30, 2001. Said
employees desire to reduce their agreement in writing, and to
present such agreement, in the form of this MOU, to the city
Council of the City of Newport Beach for approval.
3. This MOU, upon approval by NBPTEA and the Newport Beach City
Council, represents the total and complete understanding and
agreement between the parties regarding all matters within
the scope of representation.
SECTION 1. General Provisions.
A. Recognition.
In accordance with the provisions of the Charter of the
City of Newport Beach, the Meyers -Mil ias -Brown Act of
the State of California and the provisions of the
Employer's /Employee Labor Relations Resolution No. 7173,
the City acknowledges that NBPTEA is the majority
representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of
employment for all employees in those classifications
specified in Exhibit "A" or as appropriately modified in
accordance with the Employer /Employee Resolution. All
other classifications and positions not specifically
included within Exhibit "A" are excluded from
representation by NBPTEA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any
1
C
ordinance, resolution or action of the City Council
necessary to implement this MOU shall be considered
effective as of July 1, 1998. This MOU shall remain
in full force and effect until June 30, 2001, and
the provisions of this MOU shall continue after the
date of expiration of this MOU in the event the
parties are meeting and conferring on a successor
MOU.
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.
Scope.
1. All present written rules and current established
practices and employees' rights, privileges and
benefits that are within the scope of
representation shall remain in full force and
effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
Pursuant to this MOU, the City reserves and retains
all of its inherent exclusive and non - exclusive
managerial rights, powers, functions and
authorities ( "Management Rights ") as set forth in
Resolution No. 7173. Management Rights include,
but are not.limited to, the following:
(a) the determination of the purposes and
functions of City Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed
appropriate;
(d) the direction and supervision of its
employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for
lack of work or other legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel
by which operations are to be conducted;
(i) the right to take all necessary actions to
fulfill the Department's responsibilities in
the event of an emergency;
(j) the exercise of complete control and
discretion over the manner of organization,
and the appropriate technology, best suited to
the performance of departmental functions.
The practical consequences of a Management
Rights decision on wages, hours, and other
terms and conditions of employment shall be
subject to the grievance procedures.
D. Conclusiveness.
This MOU contains all of the covenants, stipulations,
and provisions agreed upon by the parties. Therefore,
for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to
request the other to meet and confer concerning any
issue within the scope of representation except as
expressly provided herein or by mutual agreement of the
parties. No representative of either party has the
authority to make, and none of the parties shall be
bound by, any statement, representation or agreement
reached prior to the execution of this MOU and not set
forth herein.
E. Modifications.
Any agreement, alteration, understanding, variation, or
waiver or modification of any of the terms or provisions
of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized
representatives of the parties.
F. Savings.
Should any part of this MOU be rendered or declared
illegal or invalid by legislation, decree of court of
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
91
SECTION 2. - Compensation
A. Pay for Time Worked
1. Salary Adiustments
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 Miscellaneous members contribution to the
Public Employees Retirement System (PERS) not to
exceed 7 %. Said retirement pick -up shall be
credited to the employees individual account with
PERS.
Comoensation for Overtime - Normal Overtime
A. Definitions
Miscellaneous Employee - An employee
designated as a miscellaneous member of
the Public Employees Retirement System
(PERS).
ii. Overtime Employees - Normal overtime is
defined as any scheduled hours worked in
excess of the basic work week. For the
purposes of this section, the basic work
week is 40 hours, or as determined by the
Department Director and approved by the
City Manager which occurs between a fixed
and regularly recurring period of 168
hours - 7 consecutive 24 hour periods -
beginning at 0001 on Saturday and ending
at midnight the following Friday.
iii. Definition of Hours worked - Hours worked
are defined as hours which employees are
required to be performing their regular
duties or other duties assigned by the
City.
iv. Compensation - Normal overtime for all
non - exempt employees shall be paid at
one - and - one -half (1 -1/2) times the hourly
rate of the employee's bi- weekly salary
rate. Reporting of overtime on payroll
forms will be as prescribed by the
Administrative Services Director.
3. Call -Back Duty
a. Defined
Call back duty requires the employee to
respond to a request to return to his /her work
station after the normal work shift has been
completed and the employee has left his /her
normal work station. Those periods of
overtime which had been scheduled by the
Department Director prior to the end of the
normal work shift are not considered call -back
duty.
b. Compensation
All personnel eligible for overtime pay shall
be guaranteed two (2) hours pay, or pay for
one - and - one -half (1 -1/2) times the number of
hours worked, whichever is greater.. Reporting
of overtime on payroll forms will be
prescribed by the Administrative Services
Director.
4. Associate Engineer and Assistant Civil Engineer
Employees in the class of Associate Engineer and
Assistant Civil Engineer who are registered by the
State of California shall receive an additional
compensation of five (5 %) percent of base pay per
month.
5. Urban Forester
Employees in the class of Urban Forester who
maintain an arborist and applicator certificate
shall receive additional compensation in the amount
of Four Hundred ($400) Dollars annually, to be paid
in January of each year.
6. Court Time
Employees who are required to appear in Court
during their off -duty hours in connection with City
business shall received overtime compensation for
the number of hours they spend in court, with a
5
minimum of two (2) hours of such compensation.
7. Accumulation of Compensatory Time Off
Employees may accumulate up to eighty (80) hours of
Compensatory Time. Any hours in excess of eighty
(80) will be paid off. Accumulation in excess of
the eighty (80) hours may be approved at the
discretion of Department Director.
i. Compensatory time off for non - exempt employees
shall accrue at the rate of time - and -a -half
for every overtime hour worked.
8. Incidental Overtime
a. Defined
Incidental overtime is any extension of the
basic work shift of less than 1 /10 of an hour
that is non - recurrent.
b. Compensation
Incidental overtime is not compensable.
9. Night Shift Differential
The City agrees to pay $1.00 per hour night shift
differential for Employees working a regularly
scheduled work shift of which four or more hours
are worked between the hours of 5:00 p.m. and 5:00
a.m. Overtime worked as an extension of an
assigned day shift shall not qualify an employee
for night shift differential. The differential pay
is paid only for hours actually worked.
SECTION 3 - Leaves
A. Flex Leave
Permanent full -time employees enrolled in the flex leave
program will earn leave to the following schedule:
Years
of continuous
Accrual per
Annual
service
pay Deriod /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
6
16 but less than 20 8.31 27
20 but less than 25 8.92 29
25 and over 9.54 31
Employees hired, or rehired, by the City of Newport
Beach on or after July 1, 1996, shall accrue flex leave
at the following rates:
Years of continuous Accrual per Annual
service pav period /hrs Days
1 but less than 5 4.92 16
5 but less than 10 5.53 18
10 but less than 15 6.46 21
15 but less than 20 7.08 23
20 and over 8.00 26
During the first six months of employment, new permanent
full -time employees shall not accrue paid leave. At the
completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees
account. Employees who are assigned to an 88 hour
schedule per pay period will accrue time in
proportionate amounts.
Note: If an employee becomes sick in the first six
months of employment, the City will advance up to six
(6) months of potentially accrued flex leave time to be
used for illnesses only. If employee terminates
employment prior to six months, the City will subtract
the pay equivalent of the number of flex leave days
advanced from the employees final check. Any flex leave
time advanced during the first six months of employment
will be subtracted from the six (6) months of accrual
placed in the employees account upon completion of six
months employment.
a. Limit on Accumulation
Employees may accrue flex leave up to an
accumulated total equal to seventy eight (78) times
the members bi- weekly accrual rate. Any flex leave
earned in excess of this level will be paid on an
hour for hour basis in cash at the employee's
hourly rate of pay. Members hired prior to July
1, 1996 shall be paid for earned flex leave in
excess of the maximum permitted accrual at the
member's hourly rate of pay provided that they have
utilized at least eighty (80) hours of flex leave
the previous calendar year. Effective January 1,
1999, employees accruing at the 16 years of
continuous service level or above shall be required
to use 120 hours of flex leave the previous
calendar year to receive such excess pay. Employees
who have not utilized the required amount of leave
the prior calendar year shall not be eligible to
accrue time above the maximum accrual limit.
Employees first hired, or rehired by the City
subsequent to July 1, 1996 shall not be eligible
for flex leave spill over pay and shall not be
entitled to accrue flex leave in excess of the flex
leave accrual threshold.
b. Method of Use
Flex leave may not be taken in excess of that
actually accrued and in no case, except for
illness, may it be taken prior to the completion
of an employee's initial probationary period.
The Department Director shall approve all requests
for flex leave taking into consideration the needs
of the Department, and whenever possible the
seniority and wishes of the employee.
B. Vacation Leave
1. Basis for Accrual /Full -Time Employees
Employees entitled to vacation leave- with -pay shall
accrue such leave based on years of continuous
service and the number of hours in a normal work
week for the position to which they are assigned in
accordance with the following schedule:
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
P
following exception: with approval of the
Department Director, an employee may accrue
vacation days in excess of the two -year limit
provided all such excess accumulation is taken by
March 31st of the following year.
3. Method of Use
Vacation may not be taken in excess of that
actually accrued and in no case, except for entry -
level employees, may it be taken prior to the
completion of an employee's initial probationary
period. Entry level employees may use vacation
after the completion of the initial twelve (12)
months of probation. The Department Director shall
schedule and approve all vacation leaves for
employees taking into consideration the needs of
the Department, and whenever possible, the
seniority and wishes of the employee.
C. Holiday Leave
Subject to the provisions herein, the following days
shall be observed as paid holidays by all employees in
permanent positions and other personnel whose work
assignments, in the judgment of the Department Director
require their presence on the job. For each designated
holiday, except the Floating Holiday, such excepted
personnel shall receive an equivalent number of hours of
paid leave or equivalent pay whichever in the judgment
of the Department Director best serves the interest of
the Department.
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st Monday in Sept.
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 1/2 of working day
January 1
3rd Monday in February
Last Monday in May
1. With the exception of Christmas Eve and New Year's
Eve, when a designated holiday occurs on Sunday,
the following Monday will be observed. If
Christmas Eve or New Year's Eve occurs on Saturday
or Sunday, the employee shall receive 4 hours
vacation or flex leave for each holiday added to
9
his /her accumulated total. When any other
designated holiday occurs on Saturday, the employee
shall receive 8 hours vacation or flex leave for
each holiday added to his /her accumulated total.
Effective January, 1999, holidays listed above
(except the floating holiday) occurring on a
Saturday shall be observed the preceding Friday.
Holidays occurring on a Sunday shall be observed
the following Monday. (Half day holidays shall be
observed prior to the observed holiday).
In addition, for all employees who have completed
one year of service, an additional 8 hours of
floating holiday will be added to his /her vacation
or flex leave accumulated total on the first pay
period in July each year. Those who have completed
less than one year of service receive 0 hours of
floating holiday.
Sick Leave Accrual
Basis for accrual /Full -time Emnlovees
Full -time, regular employees shall accrue sick
leave based on the number of hours in a normal work
week for the position to which they are assigned in
accordance with the following schedules:
Service Time Monthly
Accrual Accrual
0 -1
year
4
hours
1 -2
years
5
hours
2 -3
years
6
hours
3+
3 -4
years
7
hours
4+
8
hours
2. Method of Use
A. General
Sick leave may not be taken in excess of that
actually accrued. Except as noted, an
employee serving his /her initial probation
period is eligible to use his /her accumulated
sick leave provided that if for any reason
his /her City employment is terminated prior to
the completion of such probationary period,
his /her final paycheck shall be reduced by the
value of the sick leave he /she has taken.
10
After completion of the initial twelve (12)
months of probation period, entry -level
employees shall not have used sick leave
reduced from their final paycheck if they have
maintained a satisfactory or higher
performance evaluation rating throughout the
probationary period.
B. Approval
Sick leave may be granted only at the
direction of or with the approval of the
Department Director and only for the purposes
defined in Section 703.1.
Family Sick Leave Policy
Employees are authorized to use up to forty (40)
hours of accrued sick leave per calendar year for
an illness of a dependent.
Sick Leave Conversion
Employees who at the end of the calendar year have
an accrued level of sick leave equal to or greater
than the full value of 50 months of accrued sick
leave, and who have used six or less days of sick
leave during that calendar year will be permitted
(only once per year) to convert up to six (6) days
of sick leave to either salary or paid vacation at
the value of 50% (maximum value of 3 days per
year). Eligible sick leave days converted to cash
shall be at the employee's option. Eligible sick
leave days converted to paid vacation shall require
the approval of the Department Director.
E. Bereavement Leave
The provisions of the Bereavement Leave Policy
applicable to affected employees are as follows:
Defined. The necessary absence from duty by an employee
having a regular or probationary appointment, because of
death or terminal illness in his /her immediate family.
For the purposes of this section, immediate family shall
mean father, mother, brother, sister, wife, husband,
child, father -in -law, mother -in -law and grandparents.
Maximum Allowed. Such leave shall be limited to five
(5) working days per incident.
Probationary Employees. An employee. serving his /her
11
initial probationary period who takes leave under this
section who for any reason terminates his /her employment
prior to the completion of such probationary period
shall have his /her final paycheck reduced by the value
of the leave taken.
SECTION 4 - Fringe Benefits.
A. Insurance.
1. Health Insurance Contribution.
The City shall make available to all NBPTEA members
the PERS health insurance programs and a second
health care plan. City shall pay the health, mttj
dental and vision premium for each NBPTEA member,
up to a maximum of $400 per month. Effective the
first pay period of July, 1999, the City shall pay
the health, dental and vision premium for each
NBPTEA member, up to a maximum of $425 per month.
Effective the first pay period of July, 2000, the
City shall pay the health, dental and vision
premium for each NBPTEA member, up to a maximum of
$450 per month.
2. Cafeteria Plan
Commencing approximately September 15, 1998, the
City, Association and other employee groups shall
jointly meet to explore the implementation of a
qualified cafeteria plan. The intent of the
parties is to have a plan available for
implementation in January, 1999. Should the
parties not agree on implementation of a cafeteria
plan which equally distributes medical increases
set forth in Section 4.A.1. above, the Association
and City shall agree on another mutually acceptable
way of distributing this compensation.
3. Health CareOot Out
Employees will be allowed to opt out of the City's
health plans (medical, dental and vision), and if
they choose to do so they shall receive $200 per
month. To qualify the employee would be required
to supply evidence of alternative medical coverage,
and to sign a hold harmless agreement, releasing
the City from any responsibility as a health care
provider.
12
2
5
Vision Insurance
The existing vision,care plan shall be maintained
as part of the City's indemnity insurance policy
for the term of this agreement.
Information Committee.
City has established a Medical /Dental Information
Committee composed of one representative from each
employee group and up to three City
representatives. The Medical /Dental Information
Committee has been established to allow the City to
present data regarding carrier and coverage
options, the cost of those options, appropriate
coverage levels and other health care issues. The
purpose of this Committee is to provide each
employee group with information about health care
issues and to receive timely input from
associations regarding preferred coverage options
and levels of coverage. City shall provide
information to the Committee in December, February
and April of each year during the term of this MOU.
The Committee shall solicit bids on an alternative
dental HMO carrier during the term of this
agreement.
6. Disability Insurance
The cost of disability insurance is 1% of monthly
salary up to a maximum of $75.00 per month. The
City will share in paying the cost of the
disability insurance premiums for employees who
meet the following criteria:
Employees with less than 160 accrued sick leave
hours are required to pay 100% of the premium cost.
Employees who have accrued less than 320 hours of
accrued sick leave shall be required to pay one -
half (50 %) and the City will pay the remaining one -
half (50 %) of above premium. The City shall pay
100% of the disability insurance premium for
employees who have accrued 320 or more hours of
sick leave.
All regular full -time employees accruing Flex -leave
hours shall pay their disability insurance premiums
with less than 160 accrued Flex -leave hours; the
employee one -half (50 %) and the City one -half (50 %)
of above premiums with 160 or greater but less than
208 accrued Flex -leave hours; and the City shall
13
pay 100% of the premiums with 208 accrued Flex -
leave hours.
It shall be understood that the City's paid leave
programs shall be maintained in compliance with all
of the provisions of the Family Medical Leave Act.
7. Disability Insurance - New
Effective January, 1999, the disability insurance
program set forth above shall end. In lieu, the
City shall provide disability insurance with the
following provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $5,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued
paid leaves prior to receiving benefits under the
disability insurance program. Employees may not
supplement the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program,
the employees shall assume responsibility for the
payment of the disability insurance cost in the
amount of one (1.0%) percent of base salary.
Simultaneously, the City shall increase base wages
by one (1.0%) percent. There will be no increase
in the cost of the disability insurance program for
the term of this agreement.
Concurrent with implementation of the new
disability insurance program, the industrial
accident leave policy of the City (Section 8.03.2.1
Personnel Rules) shall be eliminated.
8. Life Insurance
The City shall provide life insurance for all
regular full -time employees in $2,500 increments
based on annual salary up to $50,000 per year.
9. Retiree Medical Insurance
The parties agree that during the term of this
14
agreement, the maximum combined contribution by the
City and active employees for retiree medical
insurance shall not exceed $400.00 per month.
Further, the City and Association agree to work,
through a City wide committee, on a variety of
issues involving retiree medical insurance in an
attempt to achieve cost containment and equity
amongst the City's retiree medical programs.
Regular, full -time employees agree to pay 25% of
retiree insurance premiums. The current retiree
insurance premium of $15.12 per month shall remain
constant until such time as the City and the NBPTEA
agree on a final resolution for the funding of
retiree medical insurance premiums. Also, the City
agrees not to burden employee contributions to the
retiree medical plan for any plan participants that
were not considered regular employees with the
City.
B. The Retirement Benefit
The City contracts with PERS to provide retirement
benefits for its employees. The retirement formula is
the 2% @ 60, calculated on the basis of the best /highest
year. The City pays both the employee and the employer
contribution, but the City reports the value of the
Employer Paid Member Contribution (EPMC), so the
employees will have the benefit of the EPMC in their
retirement formula calculations.
C. Tuition Reimbursement
NBPTEA members attending accredited community colleges,
colleges, trade schools or universities may apply for
reimbursement of one hundred percent (100 %) of the
actual cost of tuition, books, fees or other student
expenses for approved job - related courses. Maximum
tuition reimbursement for employees shall be $1,000.00
per fiscal year. Reimbursement is contingent upon the
successful completion of the course. Successful
completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for
graduate courses. All claims for tuition reimbursement
require approval.
SECTION S. Miscellaneous /Working Conditions
A. 9/80 Schedulina Plan
The City agree to maintain flex - scheduling where it is
15
currently operating successfully.
B. Reductions in Force / Layoffs
The provisions of this section shall apply when the City
Manager determines that a reduction in the work force is
warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction
in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of
duties by any specific employee. Reductions in force
are to be accomplished, to the extent feasible, on the
basis of seniority within a particular Classification or
Series and this Section should be interpreted
accordingly.
DEFINITIONS
a. "Layoffs" or "Laid Off" shall mean the non -
disciplinary termination or employment.
b. "Seniority" shall mean the time an employee has
worked in a Classification or Series calculated
from the date on which the employee was first
granted permanent status in the current
Classification or any Classification within the
Series, subject to the following:
i) Credit shall be given only for continuous
service subsequent to the most recent
appointment to permanent status in the
Classification or Series;
ii) Seniority shall include time spent on
industrial leave, military leave, and leave of
absence without pay, but shall not include
time spent on any other authorized or
unauthorized leave of absence.
"Classification" shall mean one or more full time
positions identical or similar in duties not
including part -time, seasonal or temporary
positions. Classification within a Series shall be
ranked according to pay (lowest ranking, lowest
pay)
d. "Series" shall mean two or more classifications
within a Department which require the performance
of similar duties with the higher ranking
class ification(s) characterized by the need for
less supervision by superiors, more difficult
assignments, more supervisory responsibilities for
r7
subordinates. The City Manager shall determine
those classifications following a meet and consult
process which constitute a Series.
e. "Bumping Rights" "Bumping" or "Bump" shall mean
(1) the right of an employee, based upon seniority
within a series to bump into a lower ranking
classification within the same series, (2) to be
followed by, an employee being permitted to bump
into a classification within a different series.
The latter bumping shall be based upon unit wide
seniority and shall be limited to a classification
in which the employee previously held regular
status.
No employee shall have the right to bump into a
classification for which the employee does not
possess the minimum qualifications such as
specialized education, training or experience.
PROCEDURE
In the event the City Manager determines to reduce the
number of employees within a classification, the
following procedures are applicable:
a. Temporary and probationary employees within any
classification shall, in that order, be laid off
before permanent employees.
b. Employees within a classification shall be laid off
in inverse order of seniority;
C. An employee subject to layoff in one classification
shall have the right to bump a less senior employee
in a lower ranking classification within a series.
An employee who has bumping rights shall notify the
Department Director within three (3) working days
after notice of layoff of his /her intention to
exercise bumping rights.
d. In the event two or more employees in the same
classification are subject to layoff and have the
same seniority, the employees shall be laid off
following the Department Director's consideration
of established performance evaluations.
NOTICE
Employees subject to lay -off shall be given at least
thirty (30) days advance notice of the layoff or thirty
(30) days pay in lieu of notice. In addition, employees
17
laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to
the extent permitted by the Personnel Resolution.
REEMPLOYMENT
Permanent and probationary employees who are laid off
shall.be placed on a Department re- employment list in
reverse order of layoff. The re- employment list shall
expire in 18 months. In the event a vacant position
occurs in the classification which the employee occupied
at the time of layoff, or a lower ranking classification
within a series, the employee at the top of the
Department re- employment list shall have the right
within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered
to the employee or deposited in the U.S. Mail, first
class postage prepaid, and addressed to the employee at
his or her last known address. Any employee shall have
the right to refuse to be placed on the re- employment
list or the right to remove his or her name from the re-
employment list by sending written confirmation to the
Personnel Director.
SEVERANCE
If an employee is laid off from their job with the City,
for economic reasons, the City will grant severance pay
in an amount equal to one week of pay for every full
year of continuous employment service to the City of
Newport Beach.
C. Promotional Preference
Where no less than 2 unit members achieve top three
ranking on a certified eligible list, selection to the
position shall be made with preference given to the unit
members so qualified. Position vacancy announcements
for all available City positions shall be distributed in
a manner that reasonably assures unit members access to
the announcements.
D. Labor Management Committee
The City will work with NBPTEA leadership, through its
managers, to establish labor- management committees
departmentally whenever it is mutually determined it is
appropriate to do so.
E. Grievance Procedure
Any employee or group of employees may file a grievance
18
regarding the interpretation or application of the
"Employer - Employee Relations Resolution" (RESOLUTION NO.
7173), this MOU, or of rules and regulations, adversely
affecting an employee's wages, hours, or conditions of
employment.
A grievance shall be filed according to the following
procedure:
Step 1: A grievance may be filed by any employee on
his /her own behalf, or jointly by a group of employees,
or by a Recognized Employee Organization.
Within ten (10) calendar days of the event giving rise
to a grievance, the grievant shall present the grievance
in writing to the immediate supervisor. Grievances not
presented within the time period shall be considered
resolved.
The supervisor shall meet with the grievant to settle
grievance and give a written answer to the grievant
within seven (7) calendar days from receipt of the
grievance by the supervisor. When the immediate
supervisor is also the department head the grievance
shall be presented in Step 2.
Step 2: If the grievance is not resolved in Step 1, the
grievant may, within fourteen (14) calendar days from
his /her receipt of the supervisor's answer, forward the
grievance to the department head for consideration.
Answer to the grievance shall be made in writing by the
department head, after conferring with the grievant,
within fourteen (14) calendar days from receipt of the
grievance.
Step 3: If the grievance is not resolved in Step 2,
appeal to Step 3 may be made by the grievant within ten
(10) calendar days from the receipt of the department
heads answer, through the representative of his /her
Recognized Employee Organization who may request a
meeting with the City Representative to resolve the
grievance. Following the meeting, answer shall be made
by the City Representative, in writing, to the
representative within twenty -one (21) calendar days.
Step 4: Mediation - If the grievance is not resolved
after Step 3, as an alternative to proceeding directly
to Step 5, the grievance may be submitted to mediation.
A request for mediation may be presented in writing to
the Human Resource Manager within seven (7) calendar
days from the date a decision was rendered at Step 3.
As soon as practicable thereafter, or as otherwise
19
agreed to by the parties, a mediator shall hear the
grievance. A request for mediation will automatically
suspend the normal processing of a grievance until the
mediation process is completed. The mediation process
shall be optional, and any opinion expressed by the
mediator shall be informal and shall be considered
advisory.
Steo 5: If the grievance is not resolved in Step 3 (or
Step 4), appeal to Step 45 may be made by the grievant
within 20 calendar days of receipt of the City
Representative's answer. The grievant may, through the
representative of his /her Recognized Employee
Organization request, in writing, a hearing before the
Civil Service Board.
At the next regularly scheduled meeting. of the Civil
Service Board the grievance shall be heard, using Civil
Service Board DeNovo procedures. Within 20 calendar
days of the hearing the Civil Service Board shall issue
its findings and conclusions to the parties at interest.
Within 7 calendar days of the issuance of Civil Service
Board findings and conclusions the City Manager shall
affirm, modify or revoke the Board's decision. The City
Manager's decision shall be considered exhaustive of
administrative remedies.
F. Performance Evaluation
1. PREPARATION: Review the employees previous
evaluation and identify changes in performance.
All performance evaluations shall be based on the
job description. The City shall maintain the job
description in a manner which reflects the current
duties and responsibilities of the job. The City
will make copies of the current job description
available to each employee upon request.
2. COMPLETION OF THE RATING: Review any documentation
and discuss its relationship to the performance
ratings assigned for the current rating period.
Assign ratings to each item on the form, basing
them on factual information or upon observable
behavior.
Write narrative information and examples to support
the ratings, especially those that are weak or
strong or have changed from the previous
evaluation.
20
G
REVIEW PROCESS: The evaluation must be approved by
the rater's Department Head prior to presentation
to the employee.
Present the evaluation to the employee in an
environment conducive to clear communication.
Attempt to resolve items in dispute in a factual
manner. Conclude by presenting the rating criteria
for the next rating period.
Any changes resulting from the review must be
approved by the rater's Department Head prior to
completion.
POST REVIEW PROCESS: The employee is given a copy
of the final rating when Department Head review is
completed. Evaluations with an overall rating of
Improvement Needed or Unsatisfactory may be
appealed at the discretion of the employee at step
two of the Grievance Procedure. The employee may
attach a rebuttal to any evaluation prior to its
placement in his /her permanent personnel file.
RATING SCHEDULE: Employees may receive a
performance evaluation at any time, but all
employees will receive at least one performance
evaluation annually in coordination with their
anniversary date. Any evaluation not rendered
within 30 calendar days of its due date will be
considered a Competent overall rating for any
subsequent use or purpose
Additionally, the City and NBPTEA agree to expand
the grievance procedure as it relates to
performance evaluations and written reprimands,
permitting them to be appealed to the 4th step of
the grievance procedure.
Employee Handbook
The City will prepare a handbook of rules, benefits, and
policies to be distributed to all covered employees.
H. Reoveners
1. The City and NBPTEA agree to, upon request of
either party, reopen negotiations during the term
of this agreement on the grievance procedure
including the grievability of the performance
evaluation process. Negotiations on the revised
Personnel Rules shall include the issue of the
appeal process for performance evaluations.
21
2. The City and NBCEA agree to, upon request of either
party, reopen negotiations during the term of this
agreement on the personnel rules.
3. The City and NBCEA agree to, upon request of the
City, reopen negotiations during the term of this
agreement on a City -wide reasonable suspicion drug
testing policy.
4. Should the City lose, during the term of this
agreement, Motor Vehicle in Lieu revenues; or the
replacement revenue provided by the State for lost
Motor Vehicle in Lieu revenues, the City reserves
the right to reopen negotiations on the economic
provisions of this Memorandum of Understanding.
I. Direct Deposit
Effective October 1, 1997, all newly hired employees
shall participate in the payroll direct deposit system.
J. Carpool Vehicles
Effective January 1, 1999, the City shall cease
providing carpool vehicles to Unit members. Prior to
January 1, 1999, the City will provide NBPTEA with
applicable coastal commission regulations.
K. Vacation /Flex Leave Sellback
Effective July, 2000, the City's informal practice of
allowing employees to cash -in accrued vacation /flex
leave shall end.
L. Probationary Period
Effective immediately, newly hired employees shall serve
a twelve (12) month probationary period. There shall be
no change in the probationary period for promoted
employees.
Concurrently, newly hired employees shall become
eligible for their first step increase after twelve (12)
months. All other City rules regarding step increases
shall remain unchanged.
22
Executed this 3 day of Pol" An 1' &-- , 1998:
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
By: "� r;4-1
Steph n Luy, resi nt
By:
05
Gilb _ert Wong, Ne otiation Team
on,Negotiation
By:
WillV Birbeck, Negotiation Team
ATTEST:
CITY OF NEWPORT BEACH
By:
C-M
Thomas Edwards, Mayor
LaVonne Harkless, City C
APP OVED AS TO FORM:
fb ert H. Burnham, City Attorney
23
EXIHIBIT A
Professional and Technical Classes
Building Inspector I
Building Inspector II
Building Inspector, Senior
Civil Engineer
Civil Engineer, Assistant
Civil Engineer, Associate
Code Enforcement Officer
Code Enforcement Officer, Senior
Code Enforcement Supervisor
Engineering Technician I
Engineering Technician 11
Engineering Technician, Senior
Field Engineer
GIS Applications Development Analyst
GIS Mapping Assistant
Harbor Inspector
Management Assistant
MIS Applications Development Analyst
MIS Technical Support Specialist
Permit Technician
Planner, Assistant
Planner, Associate
Planner, Senior
Public Works Inspector
Public Works Inspector, Senior
Recreation Manager
Survey Instrument Worker
Survey Party Chief
Telecommunications Specialist
Telecommunications /Network Coordinator
Traffic Engineering Technician
Urban Forester