HomeMy WebLinkAboutC-2946 - MOU, Side Letters "Fire Management Association"SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this 2n day of
NoVe\M16V C. 2022, by and between the City of Newport Beach ("City") and the
Newport Beach Fire Management Association ("NBFMA") (collectively "Parties") with
respect to the following:
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 2022-39
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
July 1, 2022, through June 30, 2026;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Insurance, City
Contribution, of the MOU is amended to read as follows:
2. City Contribution
Current Language: The City's contribution towards the Cafeteria Plan is
$1,824.00 (plus the minimum Ca1PERS participating employee's contribution).
Amended Language: The City's monthly contribution towards the
Cafeteria Plan is $1,824.00 (plus the minimum Ca1PERS participating employer's
contribution). Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $1,924.00 (plus the
minimum Ca1PERS participating employer's contribution). Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $1,824.00 (plus the minimum Ca1PERS participating employer's
contribution).
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBFMA Side Letter Agreement Page 1 of 2
Executed this day of , 2022
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
By: 5 , // Y 2'' a)
Brian McDonough, ' esid
FOR THE CITY OF WPORT BEACH:
By:
Kevin Mul• - . n, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
B
ATTEST:
Aaron C. Harp, City Attorney
By: `' v
Leilani Bro n, City Cler
NBFMA Side Letter Agreement
Page 2 of 2
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this 23 day of
IAutuST 2022, by and between the City of Newport Beach ("City") and the
Newport Beach Fire Management Association ("Association") (collectively "Parties") with
respect to the following:
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 2022-39
approving a Memorandum of Understanding ("MOU") between the Parties with a term of
July 1, 2022, through June 30, 2026;
WHEREAS, given increases in the Cost -of -Living and to aid in the recruitment
and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. Section 2, Compensation, Subsection A, Salary, Number 2, Salary
Adjustments — this MOU Period, of the MOU is amended to read as follows:
Base salary increases for all NBFMA represented classifications shall be as follows
and as specified in Exhibit A:
1. Effective the first day of the pay period following July 1, 2022, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit. Individuals must be employed by the City on the first day of
the pay period following City Council adoption to qualify for retroactive
payment of the COLA.
2. Effective the first day of the pay period following July 1, 2023, there shall be a
base salary increase of three percent (3.0%) for all classifications in the
bargaining unit.
3. Effective the first day of the pay period following July 1, 2024, there shall be a
base salary increase of three percent (3.0%) for all classifications in the
bargaining unit.
4. Effective the first day of the pay period following July 1, 2025, there shall be a
base salary increase of three percent (3.0%) for all classifications in the
bargaining unit.
2. Exhibit A of the MOU is replaced in its entirety with Exhibit A to this
Agreement, which is attached hereto and incorporated herein by this reference.
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
Executed this 23 day of f\ OGU ST , 2022
ATTEST:
By:
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
By:
Brian McDonou h ' - side
FOR THE CITY OF
By:
Kevin Muldoo', ayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
z
EACH:
4c.--n C. Harp, City Attorney
Leilani Brown, City Clerk
Attachment: Exhibit A — Salary Schedule with Cost -of -Living Adjustment
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Fire Management Association Salary Schedule Adjustment
MOU Term: July 1, 2022 - June 30, 2026 (Exhibit A)
Effective July 15, 2023 - 3% Cost -of -Living Adjustment
REPRESENTED POSITIONS_ GRAD. ,_ _STEP...__, HOURLY1
Fire Battalion Chief 112 01 1 $ 52.81 12 816 $
Fire Battalion Chief 112 01 2 $ 55.45 $ 13 456 $
Fire Battalion Chief 112 01 3 $ 58.21 $ 14 126 $
Fire Battalion Chief 112 01 4 $ 61.13 $ 14 835 $
Fire Battalion Chief 112 01 5 $ 64.19 $ 15 577 $
Fire Battalion Chief 80 05 1 $ 73.94 $ 12 816 $
Fire Battalion Chief 80 05 2 $ 77.63 $ 13 456 $
Fire Battalion Chief 80 05 3 $ 81.50 $ 14,126 $
Fire Battalion Chief 80 05 4 $ 85.58 $ 14,835 $
Fire Battalion Chief 80 05 5 $ 89.87 $ 15,577 $
Fire Battalion Chief, Staff 04 1 $ 79.49 $ 13,778 $
Fire Battalion Chief, Staff 04 2 $ 83.47 $ 14,468 $
Fire Battalion Chief, Staff 04 3 $ 87.64 $ 15,191 $
Fire Battalion Chief, Staff 04 4 $ 92.02 $ 15,950 $
Fire Battalion Chief, Staff 04 5 $ 96.63 $ 16,748 $
Hourly rates are rounded to the nearest hundredth. Monthly and annual rates are rounded to the nearest whole dollar.
153,789
161,467
169,517
178,015
186,924
153,788
161,467
169,517
178,016
186,924
165,332
173,612
182,292
191,397
200,981
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Fire Management Association Salary Schedule Adjustment
MOU Term: July 1, 2022 - June 30, 2026 (Exhibit A)
Effective July 13, 2024 - 3% Cost -of -Living Adjustment
Fire Battalion Chief 112 01 1 $ 54.40 $ 13,200 $ 158,403
Fire Battalion Chief 112 01 2 $ 57.11 $ 13,859 $ 166,311
Fire Battalion Chief 112 01 3 $ 59.96 $ 14,550 $ 174,603
Fire Battalion Chief 112 01 4 $ 62.97 $ 15,280 $ 183,356
Fire Battalion Chief 112 01 5 $ 66.12 $ 16,044 $ 192,531
Fire Battalion Chief 80 05 1 $ 76.15 $ 13,200 $ 158,402
Fire Battalion Chief 80 05 2 $ 79.96 $ 13,859 $ 166,311
Fire Battalion Chief 80 05 3 $ 83.94 $ 14,550 $ 174,603
Fire Battalion Chief 80 05 4 $ 88.15 $ 15,280 $ 183,356
Fire Battalion Chief 80 05 5 $ 92.56 $ 16,044 $ 192,532
Fire Battalion Chief, Staff 04 1 $ 81.87 $ 14,191 $ 170,292
Fire Battalion Chief, Staff 04 2 $ 85.97 $ 14,902 $ 178,820
Fire Battalion Chief, Staff 04 3 $ 90.27 $ 15,647 $ 187,760
Fire Battalion Chief, Staff 04 4 $ 94.78 $ 16,428 $ 197,139
Fire Battalion Chief, Staff 04 5 $ 99.52 $ 17,251 $ 207,010
Hourly rates are rounded to the nearest hundredth. Monthly and annual rates are rounded to the nearest whole dollar.
Fire Battalion Chief 112
Fire Battalion Chief 112
Fire Battalion Chief 112
Fire Battalion Chief 112
Fire Battalion Chief 112
Fire Battalion Chief 80
Fire Battalion Chief 80
Fire Battalion Chief 80
Fire Battalion Chief 80
Fire Battalion Chief 80
Fire Battalion Chief, Staff
Fire Battalion Chief, Staff
Fire Battalion Chief, Staff
Fire Battalion Chief, Staff
Fire Battalion Chief, Staff
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Fire Management Association Salary Schedule Adjustment
MOU Term: July 1, 2022 - June 30, 2026 (Exhibit A)
Effective July 12, 2025 - 3% Cost -of -Living Adjustment
01
01
01
01
01
05
05
05
05
05
04
04
04
04
04
1
2
3
4
5
1
2
3
4
5
1
2
3
4
5
56.03
58.83
61.76
64.85
68.10
78.44
82.36
86,46
90.80
95.34
84.33
88.55
92.98
97.62
102.51
13,596
14,275
14,987
15,738
16,526
13,596
14,275
14,987
15,738
16,526
14,617
15,349
16,116
16,921
17,768
Hourly rates are rounded to the nearest hundredth. Monthly and annual rates are rounded to the nearest whole dollar.
163,155
171,300
179,841
188,856
198,307
163,154
171,300
179,841
188,857
198,307
175,401
184,185
193,393
203,052
213,221
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT
ASSOCIATION
July 1, 2022 through June 30, 2026
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. GENERAL PROVISIONS
Recognition 1
Term 1
Scope 2
Bulletin Boards 2
Conclusiveness 2
Modifications 3
Savings 3
Impasse 3
Definitions 3
Section 2. COMPENSATION
Salary 4
Salary Differential 4
Overtime — Hours Worked 5
Required Uniform 5
Scholastic Achievement/Certificate Pay 6
Bilingual Pay 7
Court Standby Pay 7
Compaction Adjustment 7
Section 3. LEAVES
Flex Leave 7
Holiday Time 9
Bereavement Leave 9
Jury Duty 9
Family Sick Leave 10
Workers' Compensation Leave 10
Reassignment 10
Early Relief 10
Section 4. FRINGE BENEFITS
Insurance 11
Additional Health Insurance Programs 12
Employee Assistance Program 13
PERS Retirement Benefits 13
Defined Contribution Plan 15
Retiree Medical Benefit 15
Deferred Compensation 19
Tuition Reimbursement 19
Annual Physical Examinations 20
Physical Conditioning Equipment/Apparel 20
Section 5. MISCELLANEOUS PROVISIONS
Reductions in Force/Layoffs 20
Fire Suppression Staffing Levels 23
Staff Assignment Schedule 23
Consecutive Shifts 23
Requirement to Live Within 150 Miles of City Limits 23
Exhibit A (Represented Classifications and Salary Schedules) 25
ii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA" or "Association"), 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. This MOU, upon approval by NBFMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges
that NBFMA is the majority representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of employment for all
employees in those classifications specified in Exhibit "A" or as appropriately modified
in accordance with the Employer/Employee Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from representation
by NBFMA.
B. Term
1. Except as specifically provided otherwise, any ordinance, resolution or action
of the City Council necessary to implement this MOU shall be considered
effective as of July 1, 2022. This MOU shall remain in full force and effect
through June 30, 2026, and the provisions of this MOU shall continue after the
date of expiration of this MOU in the event the parties are meeting and
conferring on a successor MOU.
2. The provisions of this MOU shall prevail over any conflicting provisions of the
Newport Beach City Charter, the ordinances, resolutions and policies of the
City of Newport Beach, and federal and state statutes, rules and regulations
which either specifically provide that agreements such as this prevail, confer
rights which may be waived by any collective bargaining agreement, or are,
pursuant to decisional or statutory law, superseded by the provisions of an
agreement such as, or similar to, this MOU.
1
NBFMA MOU 2022-2026
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation shall
remain in full force and effect during the term of this MOU unless specifically
amended by the provisions of this MOU, or in the case of the Department SOP's
falling within the scope of representation, the City has given notice to the
Association and, upon request, met and conferred on any proposed changes
which fall within the scope of representation.
The parties agree to meet and confer changes to department SOP, rule, or
regulation if such proposed change materially impacts any matter within the
scope of representation.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50.
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at their
present location for the posting of notices and bulletins relating to NBFMA
business, meetings, or events. All materials posted on bulletins boards by the
NBFMA shall indicate that the NBFMA posted it. Material posted shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of any
protected class under the law or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of any
protected class under the law or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material. E-Mail
may be used for Association business on a limited basis and consistent with
Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon by
the parties. Therefore, for the life of this MOU, neither party shall be compelled to meet
and confer concerning any issue within the scope of representation except as
expressly provided herein or by mutual agreement of the parties. No representative of
either party has the authority to make, and none of the parties shall be bound by, any
statement, representation or agreement reached prior to the execution of this MOU
and not set forth herein.
2
NBFMA MOU 2022-2026
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 provided, however, should the provisions of this MOU relating to salary
increases, fringe benefits, or the compensation policy be declared invalid the City shall
provide alternative forms of compensation such that NBFMA members suffer no
financial detriment by virtue of the decision or ruling with the manner and form of the
compensation to be determined by the parties after meeting and conferring in good
faith.
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express term
of the existing MOU has expired), the parties may agree on mediation pursuant to the
procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution.
Upon request by the Association the parties will engage in non -binding fact finding
pursuant to State law.
3
I. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned to
work a 40-hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work
an average 56-hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the Orange
County Fire Authority.
NBFMA MOU 2022-2026
SECTION 2. COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a 9.5% salary
differential between the top step of Fire Captain and the bottom step of the Fire
Battalion Chief. Adjustments to the salary of Battalion Chief shall be reflected in
corresponding adjustments to other positions represented by NBFMA necessary to
maintain the salary differentials listed in Exhibit A.
2. Salary Adjustments — this MOU Period
Base salary increases for all NBFMA represented classifications shall be as follows
and as specified in Exhibit A:
1. Effective the first day of the pay period following July 1, 2022, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit. Individuals must be employed by the City on the first day of the
pay period following City Council adoption to qualify for retroactive payment of
the COLA.
2. Effective the first day of the pay period following July 1, 2023, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
3. Effective the first day of the pay period following July 1, 2024, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
4. Effective the first day of the pay period following July 1, 2025, there shall be a
base salary increase of two percent (2.0%) for all classifications in the
bargaining unit.
B. Salary Differential
The Battalion Chief assigned as the Staff Battalion Chief shall receive an additional
7.5% of base pay over Battalion Chiefs while assigned to that position. Assignment as
a Staff Battalion Chief is typically for 2 years, unless extended by the Fire Chief.
Designation as a Staff Battalion Chief does not trigger a property interest in the position
and removal from the position does not trigger any right of appeal. Line Battalion Chiefs
who are assigned to modified or light duty assignments are not eligible for this pay.
4
NBFMA MOU 2022-2026
C. Overtime - Hours Worked
1. The City and Association agree that all unit classifications are properly
exempted from the overtime provisions of the Fair Labor Standards Act.
However, NBFMA members may be required to work additional floor shifts in
excess of their regular work schedule. Off -duty employees in the Battalion Chief
classification who are assigned by the Fire Chief or designee to additional fire
suppression work shift for an emergency assignment, or to replace another
Battalion Chief who is on an approved leave, will receive overtime pay equal to
one -and -one-half times' the employees base rate of pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered hours
worked for the purpose of determining overtime eligibility. Regular staff
meetings or other assignments will not be eligible for overtime at the 1'/z rate
and shift exchanges between two Battalion Chiefs do not qualify for overtime
compensation.
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (1%) 56-hour
rate. The conditions are:
• The Unit employee is working outside of his or her regularly scheduled
hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight (8)
hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime, members may elect to accrue
compensatory time off. Compensatory time off is provided per this MOU, and
not pursuant to the Fair Labor Standards Act. Staff personnel may accrue a
maximum of 120 hours. Line personnel may accrue a maximum of 196 hours.
The provisions for accrual and use of compensatory time shall be provided in
the Fire Department Standard Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
D. Required Uniform
City shall pay the entire cost of providing NBFMA member with each component of
the required NBFD uniform. The required NBFD uniform includes shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, sweatshirt,
5
NBFMA MOU 2022-2026
and turnout safety clothing. City shall not be responsible for providing employee with
socks, underwear, cap or workout shoes, or other clothing.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall
report to the California Public Employees' Retirement System (CaIPERS) the uniform
allowance of $1,519 annually, paid biweekly, for each sworn classification as special
compensation in accordance with Title 2, California Code of Regulation, Section
571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by
the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be
reported as pensionable compensation to CaIPERS.
The parties agree the reported value of uniforms is intended to reflect clothing such
as pants, shirts, jackets, and related attire and excludes health and safety related
equipment, including safety boots and turnout gear.
E. Scholastic Achievement/Certificate Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible and
scholastic/certificate achievement pay shall be included in the member's paycheck for
the pay period immediately after approval by the Fire Chief. It is the responsibility of
the NBFMA member to apply for Scholastic/Certificate Achievement Pay. Approval of
the member's application shall not be unreasonably withheld or delayed, and the
member shall not be entitled to receive scholastic/certificate achievement pay prior to
the date the application is approved even though the member may have been eligible
prior to approval.
NBFMA members shall receive scholastic achievement/certificate pay in accordance
with the City's evaluation and approval process for degrees and/or coursework
awarded by accredited community colleges, state colleges, universities or other
approved institutions as follows:
6
1. Scholastic Achievement
Degree Scholastic Pay Percentage
BA/BS 5.5%
MA/MS/JD 7.0%
2. Certificate Pay
Coursework Compensation
Certified Chief Fire Officer 3.0% of base pay
Certified Strike Team Leader $100 per month
NBFMA MOU 2022-2026
The parties agree that to the extent permitted by law, the Scholastic
Achievement/Certificate pay in this section is special compensation and shall be
reported to CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) and
571.1(b)(2) Educational Incentive Pay.
F. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive one hundred fifty
($150.00) dollars per month ($69.23 per pay period) in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees shall receive bilingual pay the first
full pay period following certification.
Additional languages may be certified for compensation pursuant to this section by
the Fire Chief.
The parties agree that to the extent permitted by law, the bilingual pay in this section
is special compensation and shall be reported to CaIPERS as such pursuant to Title
2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium.
G. Court Standby Pay
NBFMA members who, pursuant to subpoena compelling attendance to testify to acts,
observations, or omissions occurring in the course and scope of employment or at the
direction of their supervisor, are required, while off -duty, to remain within a certain
response time from court, shall be considered to be on "court standby time" and shall
receive four hours of pay for each eight hours of court standby time. NBFMA members
shall, when required to appear in court pursuant to a subpoena or the direction of their
supervisor to testify at to matters relating to their employment with the City, be
considered to be on duty and shall be paid accordingly. Members shall remit all
witness fees received for testifying or appearing on any matter for which the member
is eligible to receive court standby time.
H. Compaction Adjustment
Effective July 1, 2017, the Battalion Chief salary range was adjusted by 3.0% to
address compaction between Fire Captain and Battalion Chief.
SECTION 3. LEAVES
A. Flex Leave
NBFMA members shall accrue flex leave as follows.
Years
of Continuous
Service
LINE EMPLOYEES
STAFF EMPLOYEES
Accrual
Hours/Pay Period
Maximum
Accrual
Accrual
Hours/Pay Period
Maximum
Accrual
Less than 5
9.77
508.04
6.97
362.44
5 but less than 9
10.69
555.88
7.63
396.76
9 but less than 12
11.62
604.24
8.33
433.16
12 and over
12.54
652.08
8.95
465.40
7
NBFMA MOU 2022-2026
8
1. The Flex leave program shall be administered as follows:
a. Newly hired NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of three (3)
months provided, however, if a member in the flex leave program becomes
sick during the first three months of employment, the City will advance up
to three (3) months of accrual for line employees (63.50 hours) / staff
employees (45.30 hours) for use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing three months of continuous
employment, the member's final check shall be reduced by an amount equal
to the number of flex leave hours advanced multiplied by the member's
hourly rate of pay.
b. Newly hired NBFMA members shall accrue three (3) months of flex leave
[line employees (63.50 hours) / staff employees (45.30 hours)] immediately
upon completing three (3) months continuous employment with the Newport
Beach Fire Department, provided however, this amount shall be reduced by
any flex leave time advanced during the first three months of employment.
c. Earned flex leave in excess of the maximum permitted will be paid bi-weekly
at the member's hourly rate of pay ("Spillover Pay"). NBFMA members may
not elect to buy down accrued Flex Leave below the current threshold for
payment unless, during the twelve months preceding the election, the
member has taken at least ninety-six (96) hours of paid leave if a line
employee and eighty (80) hours of paid leave if a staff employee.
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to receive
the cash out in the pay period which includes June 30 and the pay period
which includes December 15 for those Flex Leave benefits that have been
earned during that portion of the year. In no event shall the flex leave
balance be reduced below what each employee can accrue for fifty-two pay
periods. However, in no event shall the flex leave balance be reduced
below what each employee can accrue for fifty-two pay periods.
d. All requests for scheduled flex leave shall be submitted to appropriate
department personnel. In no event shall a member take or request flex
leave in excess of the amount accrued.
e. Members shall be paid for all accrued flex leave at their current hourly rate
of pay upon termination.
f. Concurrent with the July 1, 2017, 3% compaction salary range adjustment
as stated in Section 2, G, the Longevity Pay incentive program in Section
3, A, 1 was eliminated for all members.
NBFMA MOU 2022-2026
B. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a pro-rata
basis. NBFMA members who are line employees shall accrue holiday time at the
rate of 5.54 hours per pay period. NBFMA who are staff employees shall accrue
holiday time at the rate of 3.96 hours per pay period.
All employees including Staff Employees shall receive their holiday time in pay.
Holiday pay shall be paid bi-weekly with the regular check. The parties agree, to
the extent permitted by law, the compensation in this section is special
compensation for those employees who are normally required to work on an
approved holiday because they work in positions that require scheduled staffing
without regard to holidays and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(5) and 571.1(b)(4) Holiday Pay.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the sole
discretion of the Fire Chief. Time will be charged against the employee's flex leave
bank.
C. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee because of a death or terminal illness in his/her immediate family." Staff
employees shall be entitled to ) forty (40) hours of Bereavement Leave per event
while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave per
event (terminal illness followed by death is considered one event). Leave hours need
not be used consecutively, but should occur in proximate time to the occurrence but
no more than 90 days from the date of the death of the family member. Exceptions to
the 90 day requirement may be made at the sole discretion of the Fire Chief.
Bereavement leave shall be administered in accordance with the provisions of the
Employee Policy Manual. For the purpose of this section immediate family shall mean
an employee's father, stepfather, mother, stepmother, brother, sister, wife, husband,
registered domestic partner, child, stepchild, or grandparent, and the employee's
spouse/domestic partner's mother, father, brother, sister, child or grandparent. An
employee requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
D. Jury Duty
Employees who are summoned to perform jury service shall be entitled to their regular
compensation while serving; provided the fees, except mileage and subsistence
allowance, if any, which they receive as jurors, are remitted to the City.
If an employee calls in at night and finds out that he/she must report to jury duty the
next day (and is scheduled to be working that day as part of a regular shift or on an
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NBFMA MOU 2022-2026
overtime basis) he/she must contact his/her supervisor as soon as possible so that
coverage can be arranged for his/her shift.
E. Family Sick Leave
Unit employees shall be entitled to use their annual leave accrual as set forth in Labor
Code section 233.
F. Workers' Compensation Leave
The City will comply with the provisions of Labor Code section 4850 for workers'
compensation claims.
G. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee is
reassigned to a line position, the City shall automatically convert the Flex Leave,
Bereavement Leave and other benefits from the position previously held to the newly
assigned position provided. The ratio for conversion of staff employee benefits to line
employee benefit shall be 7/5 and the ratio for converting line employee benefits to
staff employee benefits shall be 5/7.
H. Early Relief
The parties acknowledge Department of Labor regulation, 29 CFR section 553.225
that provides:
"It is a common practice among employees engaged in fire
protection activities to relieve employees on the previous shift
prior to (between the hours of 0600 and 0800) the scheduled
starting time. Such early relief time may occur pursuant to
employee agreement, either expressed or implied. This
practice will not have the effect of increasing the number of
compensable hours of work for employees employed under
section 7(k) where it is voluntary on the part of the employees
and does not result, over a period of time, in their failure to
receive proper compensation for all hours actually worked. On
the other hand, if the practice is required by the employer, the
time involved must be added to the employee's tour of duty
and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require it. The
Association agrees that it will advise the Human Resources Director in writing if at any
time in the future it learns or believes that the City is requiring early relief. If that
occurs, early relief will immediately end.
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NBFMA MOU 2022-2026
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
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The City has established a Benefits Information Committee (BIC) composed of one
representative from each employee association and up to three City
representatives. The Benefits Information Committee has been established to
allow the City to present data regarding carrier and coverage options, the cost of
those options, appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee association with information about
health insurance/programs and to receive timely input from associations regarding
preferred coverage options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CaIPERS participating
employer's contribution towards medical insurance. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and NBFMA will
cooperate in pursuing additional optional benefits to be available through the
Cafeteria Plan.
Employees shall be allowed to change coverages in accordance with plan rules
and during regular open enrollment periods.
The City's contribution towards the Cafeteria Plan is $1,824.00 (plus the minimum
Ca1PERS participating employee's contribution).
Unit members who do not enroll in any health care plan offered by the City must
provide proof of minimum essential coverage ("MEC") through another source
(other than coverage in the individual market, whether or not obtained through
Covered California) and execute an opt out agreement releasing the City from any
responsibility or liability to provide health care insurance coverage, on an annual
basis.
Employees hired as full-time City employees prior to June 22, 2019 who elect to
opt out of medical coverage offered by the City because they have provided proof
of minimum essential coverage ("MEC") through another source (other than
coverage in the individual market, whether or not obtained through Covered
California) will receive $1,000.00 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than the City
contribution provided above, those unused cafeteria plan funds shall be paid to the
employee as taxable cash.
Employees hired as full-time City employees on or after June 22, 2019 who elect
to opt out of medical coverage offered by the City because they have provided
NBFMA MOU 2022-2026
proof of minimum essential coverage ("MEC") through another source (other than
coverage in the individual market, whether or not obtained through Covered
California) shall receive $500.00 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than the City
contribution provided above, there shall be no cash back provided.
If, prior to June 20, 2026, a court of competent jurisdiction or formal legal opinion
determines that the City's cafeteria benefit plan is a bona fide plan such that the
City's contributions towards medical premiums will not be included in the
employee's regular rate of pay under the Fair Labor Standards Act, the City will
increase the monthly contribution towards the Cafeteria Plan by a total of $200
over the remaining term of the agreement. The $200 will be prorated annually over
the remaining term of the agreement, beginning with the first day of the month
following the day it becomes bona fide.
Example:
If the cafeteria benefit plan becomes bona fide at the beginning of the third year of
the agreement, the City will increase the monthly contribution by $100 per month
in January of Year 3 and by an additional $100 per month (total $200) in January
of Year 4. If the cafeteria benefit plan becomes bona fide at the beginning of the
second year of the agreement, the $200 will be spread evenly over the remaining
three years of the agreement, or at $67 per month in Year 2, another $67 per
month in Year 3 and another $67 per month in Year 4. If the City's cafeteria benefit
plan is not determined to be a bona fide plan as outlined above by a court of
competent jurisdiction or formal legal opinion prior to June 30, 2026, this paragraph
will become ineffective and the City's obligation to increase the cafeteria
contribution by $200 will cease on June 30, 2026.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
B. Additional Health Insurance/Programs
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1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce
taxable income for payment of allowable expenses such as child care and medical
expenses. The City shall maintain a "reimbursable account program" in
accordance with the provisions of Section 125 of the Internal Revenue Code,
pursuant to which an Association member may request that medical, child care
and other eligible expenses be paid or reimbursed by the City out of the employee's
NBFMA MOU 2022-2026
account. The base salary of the employee will be reduced by the amount
designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short -Term (STD) and Long -Term (LTD) disability insurance
to all regular full time employees with the following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount
66.67% of covered wages
66.67% of covered wages
Maximum Benefit
$1,846 weekly
$15,000 monthly
Waiting Period
30 calendar days
180 calendar days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement
the disability benefit with paid leave once the waiting period has been exhausted.
Employees shall pay one percent (1 %) of base salary as a post -tax deduction for
this benefit. Effective the first premium payment following the City Council adoption
of the MOU in Fiscal Year 2022-23, the City will no longer require unit members to
pay one percent (1%) of base salary for this benefit and this Paragraph shall be
deleted.
3. Life Insurance
The City shall provide life insurance for all full-time employees in $1,000
increments equal to one times the employee's annual salary up to a maximum of
$50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70
amount. This amount remains in effect until the employee retires from City
employment. Employees may also purchase supplemental life insurance at their
own cost.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and their
family members may access the EAP subject to provider guidelines.
D. PERS Retirement Benefits
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1. Retirement Formula
The City contracts with the California Public Employees' Retirement System
("CaIPERS" or "PERS") to provide retirement benefits for its employees. Pursuant
to prior agreements and state mandated reform, the City has implemented first,
second and third tier retirement benefits as follows:
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14
Tier I: Employees hired by the City on or before November 23, 2012, the retirement
formula shall be 3%@50, calculated on the basis of the highest consecutive 12
month period selected by the employee.
Tier II: For classic members (as defined in the Public Employees' Pension Reform
Act) employees first hired by the City on or after November 24, 2012, and who are
not new members as defined in Government Code Section 7522.04(f), the
retirement formula is 2%@50. For these same employees, final compensation
will be based on the highest annual average compensation earnable during the
three consecutive years of employment immediately preceding the effective date
of his or her retirement or any other three consecutive year period chosen by the
employee as set forth in Government Code section 20037.
Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013,
who are new members as defined in the Public Employees' Pension Reform Act,
the retirement formula shall be 2.7%@57 provided for by the Public Employees'
Retirement Law at Government Code section 7522.25(d).
For these same employees, final compensation will be based on the highest
annual average pensionable compensation during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or
any other three consecutive year period chosen by the employee as set forth in
Government Code section 7522.32(a).
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement benefit, to the
extent permissible by law, as set forth below. Should any such provision be
deemed invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions or other equivalent economic
adjustments.
Employee retirement contributions that are in addition to the normal PERS Member
Contribution shall be made in accordance with Government Code §20516(f) and
calculated on base pay, special pays, and other pays normally reported as
pensionable compensation or compensation earnable, and will be made on a pre-
tax basis through payroll deduction, to the extent allowable by the Internal
Revenue Code.
Tiers I and II:
All members in Tier I and II shall contribute the full statutory member contribution
equal to 9% of compensation earnable plus an additional 4.5% of compensation
earnable of the Employer rate for a total contribution of 13.5% of compensation
earnable.
NBFMA MOU 2022-2026
Tier III:
The normal member contribution rate for Tier III members is 50% of the total
normal cost and is calculated annually for possible adjustments, as provided in the
PERS valuations.
Tier III unit members will contribute the full statutory member contribution. If that
rate is less than 13.5% of pensionable compensation these employees will
contribute an additional percentage of pensionable compensation of the Employer
rateto achieve a total contribution of 13.5% of pensionable compensation.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant to
Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
E. Defined Contribution Plan
To the extent allowed by PERS, the IRS and other applicable regulatory agencies and
laws, unit members who shall be enrolled in the 2% @ 50 retirement formula or 2.7%
@ 57 formula, shall be eligible to participate in a defined contribution plan to be
administered by the City or its designee in accord with said regulatory agency
regulations and laws. The defined contribution plan shall be funded by allowing each
affected employee to contribute a percentage of base salary each payroll period. The
City shall match any such employee contributions up to a maximum of 1.5% of base
salary. The employee only contributions shall be deemed fully vested at the time of
its deposit. The employer only matching contribution shall vest upon a PERS
retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age
53, 40% - age 52; 20% - age 51.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution" program.
The process of fully converting to the new program will be ongoing for an extended
period. During the transition, employees and (then) existing retirees have been
administratively classified into one of three categories. The benefit is structured
differently for each of the categories. The categories are as follows:
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a. Category 1 - Employees newly hired on or after January 1, 2006.
NBFMA MOU 2022-2026
16
b. Category 2 - Active employees hired prior to January 1, 2006, whose age
plus years of service as of January 1, 2006 was Tess than 50 (46 for public
safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006, whose age
plus years of service was 50 or greater (46 for public safety employees) as
of January 1, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS", formerly
the MERP plan):
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for bookkeeping purposes,
called his or her "Employee Account." This account will accumulate contributions
to be used for health care expenses after separation. All contributions to the plan
are either mandatory employee contributions or City paid employer contributions,
so they are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan requires that
all distributions be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each year of
service plus year of age (updated every January 1st based on status as of
December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level. The participation level should be
specified as a percentage of the leave balance on hand in each employee's leave
bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave balance as the
participation level, then each member leaving the City, or cashing out leave at any
other time, would have the cash equivalent of 50% of the amount that is cashed out
added to the RHS, on a pre-tax basis. The remaining 50% would be paid in cash
as taxable income. Individual employees would not have the option to deviate from
this breakout.
The Association has decided to participate in Part C contributions at the level of
zero percent (0%) Flex. This amount may be changed, on a go forward basis, as
part of a future meet and confer process. However, the participation level must be
NBFMA MOU 2022-2026
17
the same for all employees within the Association. Additionally, the purpose and
focus of these changes should be toward long-term, trend type adjustments. Due
to IRS restrictions regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward satisfying the
desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Part A contributions may be included in PERS compensation. Part B and Part C
contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited to each
RHS Employee Account each pay period. Eligibility for Part B contributions is set
at five years of vested City employment (i.e. five years at full time status). At that
time, the City will credit the first five years' worth of Part B contributions into the
Employee Account (interest does not accrue during that period). Thereafter,
contributions are made bi-weekly. Part C deposits, if any, will be made at the time
of employment separation.
Each Employee has a right to reimbursement of medical expenses (as defined
below) from the Plan until the Employee Account balance is zero. This right is
triggered upon separation. If an employee leaves the City prior to five years of
employment, only the Part A contributions and Part C leave settlement
contributions, if any, will be in the RHS Employee Account. Such an employee will
not be entitled to any Part B contributions. The exception to this is a full-time
employee, participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the employee
will receive exactly five years' worth of Part B contributions, using the employee's
age and compensation at the time of separation for calculation purposes. This
amount will be deposited into the employee's RHS account at the time of
separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the Internal
Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified
in the Plan Document. In accordance with current IRS regulations and practices,
this generally includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance, and
miscellaneous medical expenses not covered by insurance for the employee and
his or her spouse and legal dependents — again only as permitted by IRS
Publication 502. Qualification for dependency status will be determined by
guidelines in IRC 152. If used for these purposes, distributions from the RHS
accounts will not be taxable. Cash withdrawal for any other purpose is prohibited.
Under recent IRS Revenue Ruling 2005-24, any balance remaining in the
Employee Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular RHS
Employee Account will be closed, and any remaining funds will become general
assets of the plan.
NBFMA MOU 2022-2026
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The parties agree that the City's Part B contributions during active employment
constitute the minimum CaIPERS participating employer's contribution (i.e., the
CaIPERS statutory minimum amount) towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CaIPERS medical plan, or any
other plan with a similar employer contribution requirement, the required City
contribution will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those in Category
1, with the following exception:
In addition to the new plan contributions listed above, current employees who fully
convert to the new plan will also receive a one-time City contribution to their
individual RHS accounts that equates to $100 per month for every month they
contributed to the previous "defined benefit" plan, to a maximum of 15 years (180
months). This contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the City prior
to implementation of the new program will only receive Part B contributions back to
January 1, 2006 when they reach five years total service.
c. For employees in Category 3, the program is the same as for those in Category
2, with the following exception:
For employees in this category, the City will make no Part B contributions while the
employees are still in the active work force. Instead, the City will contribute $400
per month into each of their RHS accounts after they retire from the City, to continue
as long as the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the duration of
their employment to partially offset part of this expense to the City. The maximum
benefit provided by the City after retirement is $4,800 per year, accruing at the rate
of $400 per month. There is no cash out option for these funds, and they may not
be spent in advance of receipt.
Employees in this category will also receive an additional one-time City contribution
of $75 per month for every month they contributed to the previous plan prior to
January 1, 2006, up to a maximum of 15 years (180 months). This contribution will
be made to the RHS account at the time of retirement, and only if the employee
retires from the City. No interest will be earned in the interim.
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
NBFMA MOU 2022-2026
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
G. Deferred Compensation
Each employee shall have a deferred compensation account set up by the City and
subject to the rules of IRS Code section 457 to which s/he may make contributions.
The City shall contribute to each employee's deferred compensation account each
pay period as follows:
1. Effective June 22, 2019, the City shall contribute twenty-one dollars and sixty-
seven cents ($21.67) per pay period to each employee's deferred compensation
account.
2. Effective the first day of the pay period which includes July 1, 2020, the City shall
contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay
period to each employee's deferred compensation account for a total of forty-three
dollars and thirty-five cents ($43.35) per pay period to each employee's deferred
compensation account.
3. Effective the first day of the pay period which includes July 1, 2021, the City shall
contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay
period to each employee's deferred compensation account for a total of sixty-five
dollars and two cents ($65.02) per pay period to each employee's deferred
compensation account.
Under federal law, there is an annual maximum contribution which may be made to
an employee's IRS Code section 457 account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual 457 maximum, the City will stop making contributions
for the remainder of the calendar year and will not owe the employee any additional
compensation related to this section.
All bargaining unit employees in paid status for the entirety of the pay period following
City Council adoption of the MOU will receive a one-time lump sum deposit of $2, 000
into their deferred compensation account. The parties intend and understand that this
lump sum payment is non -pensionable and will not be reported to CaIPERS.
H. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal year.
1. College Courses
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NBFMA 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. Reimbursement is contingent upon the successful
NBFMA MOU 2022-2026
completion of the course. Successful completion means a grade of "C" or better
for undergraduate courses and a grade of "B" or better for graduate courses. All
claims for tuition reimbursement require the approval of the Human Resources
Director.
2. Non -College Courses
NBFMA members attending job -related classes, courses, and seminars given by
recognized agencies, organizations or individuals other than accredited college
institutions may apply for reimbursement of one hundred percent (100%) of the
actual cost of tuition, parking fees, travel and lodging expenses. Unit members
who must stay in lodging to attend such classes, courses or seminars because of
their location are required to seek single occupancy governmental rates (at GSA
rates) when booking lodging for the class, course or seminar. Reimbursement for
more than single occupancy governmental rates will be provided only if such rates
are not available and if approved by the Fire Chief.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written communications,
conflict resolution, fire ground operations, rescue systems, legal issues, media
relations, risk management, EMS, health and safety, apparatus operator, auto
extrication, fire prevention, arson investigation, and critical incident stress
management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement require
the approval of the Fire Training Chief before submittal to Human Resources.
I. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as outlined
in Department SOP.
J. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on an "as
needed" basis. NBFMA members shall wear City provided workout apparel when
working out on duty.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in municipal services, a
reduction in the demand for service or other reasons unrelated to the performance of
duties by any specific employee. Reductions in force are to be accomplished, to the
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NBFMA MOU 2022-2026
extent feasible, on the basis of seniority within a particular Classification or Series and
this Section should be interpreted accordingly.
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1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted regular status, subject to the following:
i. Credit shall be given only for continuous service (as described in the
next paragraph) subsequent to the most recent appointment to
regular status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave, military leave
and leave of absence with pay, but shall not include time spent on
any other authorized or unauthorized leave of absence.
iii. For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within any
Classification within the Series.
c. "Classification" shall mean one full time position identical or similar in duties
and embraced by a single job title authorized in the City budget and shall
not include part-time, seasonal or temporary positions. Classifications
within a Series shall be ranked according to pay (lowest ranking, lowest
pay).
d. In this bargaining unit, there is one "Series" made up of one classification
represented by the Association — Fire Battalion Chief.
e. In this bargaining unit, since the Series consists of only one classification
(Battalion Chief) "Bumping Rights", "Bumping" or "Bump" shall mean the
right of a Battalion Chief who is subject to layoff to displace a Tess senior
employee in a lower Classification which he/she has held in the Department.
No employee shall have the right to Bump into a Classification for which the
employee does not possess the minimum qualifications such as specialized
education, training or experience, provided, however, the City shall allow an
employee to become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another position.
An employee has the right to "Bump" into only those positions the employee
has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of Battalion Chiefs,
the following procedures are applicable:
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22
a. Battalion Chiefs shall be laid off in inverse order of seniority;
b. A Battalion Chief shall have the right to Bump a Tess senior employee in a
lower ranking Classification which he/she has held within the Department if
he/she has more seniority which includes time in class as a Battalion Chief
and lower classifications held within the Department. An employee who has
Bumping Rights shall notify the Department Director within seven (7)
working days after notice of layoff of his/her intention to exercise Bumping
Rights.
c. In the event two or more Battalion Chiefs are subject to layoff and have the
same seniority, they shall be laid off in inverse order of their position on the
eligibility list or lists from which they were appointed. In the event at least
one of the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay-off shall be given at least thirty (30) days advance notice
of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave, holiday leave (if any).
4. Re -Employment
Regular employees who are laid off shall be placed on a Department re-
employment list in reverse order of layoff. Re-employment lists will be valid for
two (2) years. The re-employment list shall remain in effect until exhausted by
removal of all names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a lower ranking
Classification within a Series, the employee at the top of the Department re-
employment list shall have the right to appointment to the position, provided, he or
she reports to work within seven (7) days of written notice of appointment. Notice
shall be deemed given when personally delivered to the employee or deposited in
the U.S. Mail, certified, return receipt requested, and addressed to the employee
at his or her past known address. Any employee shall have the right to refuse to
be placed on the re-employment list or the right to remove his or her name from
the re-employment list by sending written confirmation to the Human Resources
Director.
5. Demotion
Regular employees who are demoted because of reduced staffing levels shall be
placed on a Department promotional list in reverse order of demotion. This
promotional list shall remain in effect until exhausted by removal of all names on
the list.
6. Severance Pay
Regular employees who are laid off shall, as of the date of lay-off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach, but in no case to exceed ten (10) weeks of severance compensation.
NBFMA MOU 2022-2026
B. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression battalion
chief position in the absence of available battalion chiefs.
C. Staff Assignment Schedule
NBFMA members assigned to staff positions shall have the option to work a 5/40, 4/10
or 9/80 schedule; the staff member and the Fire Chief must mutually agree to the
schedule selected prior to it becoming effective. The Fire Chief retains the right to
assign the staff member to a different schedule, or deny the member's request for a
change of schedule, if the Fire Chief determines that the member is not able to perform
their job duties or the operational needs of the department are not being met.
Employees will be given 2 weeks' notice if the Fire Chief determines a change in
schedule is needed in order to minimize disruption of the member's
personal/professional obligations. In addition, occasionally and at the discretion and
approval of the Fire Chief, unit employees (who are all FLSA exempt) working a 4/10
or 9/80 schedule may adjust their regularly scheduled day off if such change does not
disrupt departmental operations.
D. Consecutive Shifts
Members shall be limited to working four (4) 24-hour shifts in a row, after which time
the employee shall not work during the next consecutive 24-hour shift. Additional
consecutive shifts may be permitted with Fire Chief or designee approval, based upon
exigent circumstances.
E. Requirement to Live Within 150 Miles of City Limits
Employees hired as full-time unit members on or after July 1, 2019 are required to
live within 150 miles of the City limits.
Signatures on the following page
23
NBFMA MOU 2022-2026
Executed this 14114 day of June, 2022.
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
By: ' 222
Brian
ATTEST:
By:
Leil
24
h, President
FOR THEY OPORT BE
By:
BY:
ni Brown, City Clerk
Kevin Muld'.n, Mayor
APPROVED AS TO FORM:
Charles Sakai, Special Counsel
NBFMA MOU 2022-2026
EXHIBIT A
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 2, 2022)
Represented Positions
Grade Step Hourly Rate Monthly Rate Annual Salary
Fire Battalion Chief, 112 Hours
Fire Battalion Chief, Staff
Fire Battalion Chief, 80 hours
01 1 $ 51.27 $ 12,442 $ 149,310
2 $ 53.83 $ 13,064 $ 156,764
3 $ 56.52 $ 13,715 $ 164,580
4 $ 59.35 $ 14,403 $ 172,830
5 $ 62.32 $ 15,123 $ 181,479
04 1 $ 77.17 $ 13,376 $ 160,517
2 $ 81.04 $ 14,046 $ 168,555
3 $ 85.09 $ 14,749 $ 176,982
4 $ 89.34 $ 15,485 $ 185,822
5 $ 93.81 $ 16,261 $ 195,127
05 1 $ 71.78 $ 12,442 $ 149,309
2 $ 75.37 $ 13,064 $ 156,764
3 $ 79.12 $ 13,715 $ 164,580
4 $ 83.09 $ 14,403 $ 172,831
5 $ 87.25 $ 15,123 $ 181,479
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
25 NBFMA MOU 2022-2026
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 15, 2023)
Represented Positions
Grade Step Hourly Rate Monthly Rate Annual Salary
Fire Battalion Chief, 112 Hours
Fire Battalion Chief, Staff
Fire Battalion Chief, 80 hours
01 1 $ 52.30 $ 12,691 $ 152,296
2 $ 54.91 $ 13,325 $ 159,899
3 $ 57.65 $ 13,989 $ 167,872
4 $ 60.54 $ 14,691 $ 176,287
5 $ 63.57 $ 15,426 $ 185,109
04 1 $ 78.72 $ 13,644 $ 163,727
2 $ 82.66 $ 14,327 $ 171,927
3 $ 86.79 $ 15,043 $ 180,522
4 $ 91.12 $ 15,795 $ 189,538
5 $ 95.69 $ 16,586 $ 199,030
05 1 $ 73.22 $ 12,691 $ 152,296
2 $ 76.87 $ 13,325 $ 159,899
3 $ 80.71 $ 13,989 $ 167,871
4 $ 84.75 $ 14,691 $ 176,288
5 $ 88.99 $ 15,426 $ 185,109
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
26 NBFMA MOU 2022-2026
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 13, 2024)
Represented Positions
Grade Step Hourly Rate Monthly Rate Annual Salary
Fire Battalion Chief, 112 Hours
Fire Battalion Chief, Staff
Fire Battalion Chief, 80 hours
01 1 $ 53.35 $ 12,945 $ 155,342
2 $ 56.01 $ 13,591 $ 163,097
3 $ 58.80 $ 14,269 $ 171,230
4 $ 61.75 $ 14,984 $ 179,813
5 $ 64.84 $ 15,734 $ 188,811
04 1 $ 80.29 $ 13,917 $ 167,002
2 $ 84.31 $ 14,614 $ 175,365
3 $ 88.53 $ 15,344 $ 184,133
4 $ 92.95 $ 16,111 $ 193,329
5 $ 97.60 $ 16,918 $ 203,010
05 1 $ 74.68 $ 12,945 $ 155,341
2 $ 78.41 $ 13,591 $ 163,097
3 $ 82.32 $ 14,269 $ 171,229
4 $ 86.45 $ 14,984 $ 179,813
5 $ 90.77 $ 15,734 $ 188,811
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
27 NBFMA MOU 2022-2026
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
MOU Term: July 1, 2022 - June 30, 2026
2.0% Cost of Living Adjustment
Effective the pay period following July 1 (July 12, 2025)
Represented Positions
Grade Step Hourly Rate Monthly Rate Annual Salary_
Fire Battalion Chief, 112 Hours
Fire Battalion Chief, Staff
Fire Battalion Chief, 80 hours
01 1 $ 54.41 $ 13,204 $ 158,449
2 $ 57.13 $ 13,863 $ 166,359
3 $ 59.98 $ 14,554 $ 174,654
4 $ 62.98 $ 15,284 $ 183,409
5 $ 66.14 $ 16,049 $ 192,587
04 1 $ 81.90 $ 14,195 $ 170,342
2 $ 86.00 $ 14,906 $ 178,872
3 $ 90.30 $ 15,651 $ 187,815
4 $ 94.81 $ 16,433 $ 197,196
5 $ 99.55 $ 17,256 $ 207,071
05 1 $ 76.18 $ 13,204 $ 158,448
2 $ 79.98 $ 13,863 $ 166,359
3 $ 83.97 $ 14,554 $ 174,653
4 $ 88.18 $ 15,284 $ 183,410
5 $ 92.59 $ 16,049 $ 192,587
Hourly pay rates rounded to the nearest hundredths. Monthly and annual pay rates rounded to the nearest dollar.
28 NBFMA MOU 2022-2026
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
FIRE MANAGEMENT ASSOCIATION
July 1, 2019 through June 30, 2022
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
July 1, 2019 through June 30, 2022
TABLE OF CONTENTS
Preamble
Section 1. GENERAL PROVISIONS
Recognition 1
Term 1
Scope 2
Bulletin Boards 2
Conclusiveness 2
Modifications 3
Savings 3
Impasse 3
Definitions 3
Section 2. COMPENSATION
Salary 4
Salary Differential 4
Overtime — Hours Worked 4
Required Uniform 5
Scholastic/Certificate Achievement Pay 6
Bilingual Pay 6
Court Standby Pay 7
Compaction Adjustment 7
Section 3. LEAVES
Flex Leave 7
Holiday Time 8
Bereavement Leave 9
Jury Duty 9
Family Sick Leave 10
Worker's Compensation Leave 10
Reassignment 10
Early Relief 10
i
Section 4. FRINGE BENEFITS
Insurance 10
Additional Health Insurance/Programs 12
Employee Assistance Program 13
PERS Retirement Benefits 13
Defined Contribution Plan 15
Retiree Medical Benefit 15
Deferred Compensation 19
Tuition Reimbursement 20
Annual Physical Examinations 20
Physical Conditioning Equipment/Apparel 21
Section 5. MISCELLANEOUS PROVISIONS
Reductions in Force/Layoffs 21
Fire Suppression Staffing Levels 23
Staff Assignment Schedule 23
Consecutive Shifts 23
Requirement to Live Within 150 Miles of City Limits 24
Exhibit A: Represented Classifications and Pay Rates 26
ii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA" or "Association"), 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. This MOU, upon approval by NBFMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges
that NBFMA is the majority representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of employment for all
employees in those classifications specified in Exhibit "A" or as appropriately modified
in accordance with the Employer/Employee Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from representation
by NBFMA.
B. Term
1. Except as specifically provided otherwise, any ordinance, resolution or action
of the City Council necessary to implement this MOU shall be considered
effective as of July 1, 2019. This MOU shall remain in full force and effect
through June 30, 2022, and the provisions of this MOU shall continue after the
date of expiration of this MOU in the event the parties are meeting and
conferring on a successor MOU.
2. The provisions of this MOU shall prevail over any conflicting provisions of the
Newport Beach City Charter, the ordinances, resolutions and policies of the
City of Newport Beach, and federal and state statutes, rules and regulations
which either specifically provide that agreements such as this prevail, confer
rights which may be waived by any collective bargaining agreement, or are,
pursuant to decisional or statutory law, superseded by the provisions of an
agreement such as, or similar to, this MOU.
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NBFMA MOU 2019-2022
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation shall
remain in full force and effect during the term of this MOU unless specifically
amended by the provisions of this MOU, or in the case of the Department SOP's
falling within the scope of representation, the City has given notice to the
Association and, upon request, met and conferred on any proposed changes
which fall within the scope of representation.
The parties agree to meet and confer changes to department SOP, rule, or
regulation if such proposed change materially impacts any matter within the
scope of representation.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50.
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at their
present location for the posting of notices and bulletins relating to NBFMA
business, meetings, or events. All materials posted on bulletins boards by the
NBFMA shall indicate that the NBFMA posted it. Material posted shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of any
protected class under the law or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of any
protected class under the law or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material. E-Mail
may be used for Association business on a limited basis and consistent with
Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon by
the parties. Therefore, for the life of this MOU, neither party shall be compelled to meet
and confer concerning any issue within the scope of representation except as
expressly provided herein or by mutual agreement of the parties. No representative of
either party has the authority to make, and none of the parties shall be bound by, any
statement, representation or agreement reached prior to the execution of this MOU
and not set forth herein.
2
NBFMA MOU 2019-2022
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 provided, however, should the provisions of this MOU relating to salary
increases, fringe benefits, or the compensation policy be declared invalid the City shall
provide alternative forms of compensation such that NBFMA members suffer no
financial detriment by virtue of the decision or ruling with the manner and form of the
compensation to be determined by the parties after meeting and conferring in good
faith.
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express term
of the existing MOU has expired), the parties may agree on mediation pursuant to the
procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution.
Upon request by the Association the parties will engage in non -binding fact finding
pursuant to State law.
I. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned to
work a 40-hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work
an average 56-hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the Orange
County Fire Authority.
3
NBFMA MOU 2019-2022
SECTION 2. COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a 9.5% salary
differential between the top step of Fire Captain and the bottom step of the Fire
Battalion Chief. Adjustments to the salary of Battalion Chief shall be reflected in
corresponding adjustments to other positions represented by NBFMA necessary to
maintain the salary differentials listed in Exhibit A.
2. Salary Adjustments — this MOU Period
Base salary increases for all NBFMA represented classifications shall be as follows
and as specified in Exhibit A:
1. Effective the payroll period that includes July 1, 2019 there shall be a base
salary increase of two percent (2%) for all represented classifications.
2. Effective the payroll period that includes July 1, 2020, there shall be a base
salary increase of two percent (2%) for all represented classifications.
3. Effective the payroll period that includes July 1, 2021, there shall be a base
salary increase of two percent (2%) for all represented classifications.
B. Salary Differential
Staff Battalion Chiefs shall receive an additional 7.5% of base pay over Line Battalion
Chiefs. This does not apply to modified/light duty assignments.
C. Overtime - Hours Worked
1. The City and Association agree that all unit classifications are properly
exempted from the overtime provisions of the Fair Labor Standards Act.
However, NBFMA members may be required to work additional floor shifts in
excess of their regular work schedule. Off -duty employees in the Battalion Chief
classification who are assigned by the Fire Chief or designee to additional fire
suppression work shift for an emergency assignment, or to replace another
Battalion Chief who is on an approved leave, will receive overtime pay equal to
one -and -one-half times' the employees base rate of pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered hours
worked for the purpose of determining overtime eligibility. Regular staff
meetings or other assignments will not be eligible for overtime at the 1% rate
and shift exchanges between two Battalion Chiefs do not qualify for overtime
compensation.
4
NBFMA MOU 2019-2022
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (1 V2) 56-hour
rate. The conditions are:
• The Unit employee is working outside of his or her regularly scheduled
hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight (8)
hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime, members may elect to accrue
compensatory time off. Compensatory time off is provided per this MOU, and
not pursuant to the Fair Labor Standards Act. Staff personnel may accrue a
maximum of 120 hours. Line personnel may accrue a maximum of 196 hours.
The provisions for accrual and use of compensatory time shall be provided in
the Fire Department Standard Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
D. Required Uniform
City shall pay the entire cost of providing NBFMA member with each component of
the required NBFD uniform. The required NBFD uniform includes shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, sweatshirt,
and turnout safety clothing. City shall not be responsible for providing employee with
socks, underwear, cap or workout shoes, or other clothing.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall
report to the California Public Employees' Retirement System (CaIPERS) the uniform
allowance for each sworn classification as special compensation in accordance with
Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the
previous sentence, for "new members" as defined by the Public Employees' Pension
Reform Act of 2013, the uniform allowance will not be reported as pensionable
compensation to CaIPERS. Specifically, the City shall report as compensation earned
the value of provided uniforms at $1,519 annually ($58.42 per pay period) in
accordance with PERS requirements. The parties agree the reported value of
uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire
and excludes health and safety related equipment, including safety boots and turnout
gear.
5
NBFMA MOU 2019-2022
E. Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible and
scholastic/certificate achievement pay shall be included in the member's paycheck for
the pay period immediately after approval by the Fire Chief. It is the responsibility of
the NBFMA member to apply for Scholastic/Certificate Achievement Pay. Approval of
the member's application shall not be unreasonably withheld or delayed, and the
member shall not be entitled to receive scholastic/certificate achievement pay prior to
the date the application is approved even though the member may have been eligible
prior to approval.
NBFMA member shall receive scholastic achievement pay for degrees awarded by
accredited community colleges, state colleges, or universities in accordance with the
following:
1. Scholastic Achievement
Degree Scholastic Pay Percentage
AA/AS 3.5%
BA/BS 5.5%
2. Certificate Pay
Coursework Compensation
Certified Chief Fire Officer 3.0% of base pay
Strike Team Leader $100 per month
The parties agree that to the extent permitted by law, the Scholastic Achievement pay
in this section is special compensation and shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive Pay.
F. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive one hundred fifty
($150.00) dollars per month ($69.23 per pay period) in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees shall receive bilingual pay the first
full pay period following certification.
Additional languages may be certified for compensation pursuant to this section by
the Fire Chief.
6
NBFMA MOU 2019-2022
The parties agree that to the extent permitted by law, the bilingual pay in this section
is special compensation and shall be reported to CaIPERS as such pursuant to Title
2 CCR, Section 571(a)(4) Bilingual Premium.
G. Court Standby Pay
NBFMA members who, pursuant to subpoena compelling attendance to testify to acts,
observations, or omissions occurring in the course and scope of employment or at the
direction of their supervisor, are required, while off -duty, to remain within a certain
response time from court, shall be considered to be on "court standby time" and shall
receive four hours of pay for each eight hours of court standby time. NBFMA members
shall, when required to appear in court pursuant to a subpoena or the direction of their
supervisor to testify at to matters relating to their employment with the City, be
considered to be on duty and shall be paid accordingly. Members shall remit all
witness fees received for testifying or appearing on any matter for which the member
is eligible to receive court standby time.
H. Compaction Adjustment
Effective July 1, 2017, the Battalion Chief salary range was adjusted by 3.0% to
address compaction between Fire Captain and Battalion Chief.
SECTION 3. LEAVES
A. Flex Leave
NBFMA members shall accrue flex leave as follows.
Years
of Continuous
Service
LINE EMPLOYEES
STAFF EMPLOYEES
Accrual
Hours/Pay Period
Maximum
Accrual
Accrual
Hours/Pay Period
Maximum
Accrual
Less than 5
9.77
508.04
6.97
362.44
5 but less than 9
10.69
555.88
7.63
396.76
9 but less than 12
11.62
604.24
8.33
433.16
12 and over
12.54
652.08
8.95
465.40
1. The Flex leave program shall be administered as follows:
a. Newly hired NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of three (3)
months provided, however, if a member in the flex leave program becomes
sick during the first three months of employment, the City will advance up
to three (3) months of accrual for line employees (63.50 hours) / staff
employees (45.30 hours) for use by the member to recover from illness.
7
NBFMA MOU 2019-2022
In the event the City advances paid leave time and the employee is
terminated or resigns before completing three months of continuous
employment, the member's final check shall be reduced by an amount equal
to the number of flex leave hours advanced multiplied by the member's
hourly rate of pay.
b. Newly hired NBFMA members shall accrue three (3) months of flex leave
[line employees (63.50 hours) / staff employees (45.30 hours)] immediately
upon completing three (3) months continuous employment with the Newport
Beach Fire Department, provided however, this amount shall be reduced by
any flex leave time advanced during the first three months of employment.
c. Earned flex leave in excess of the maximum permitted will be paid bi-weekly
at the member's hourly rate of pay ("Spillover Pay"). NBFMA members may
not elect to buy down accrued Flex Leave below the current threshold for
payment unless, during the twelve months preceding the election, the
member has taken at least ninety-six (96) hours of paid leave if a line
employee and eighty (80) hours of paid leave if a staff employee.
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to
receive the cash out in the pay period which includes June 30 and the pay
period which includes December 15 for those Flex Leave benefits that have
been earned during that portion of the year. In no event shall the flex leave
balance be reduced below what each employee can accrue for fifty-two pay
periods. However, in no event shall the flex leave balance be reduced
below what each employee can accrue for fifty-two pay periods.
d. All requests for scheduled flex leave shall be submitted to appropriate
department personnel. In no event shall a member take or request flex
leave in excess of the amount accrued.
e. Members shall be paid for all accrued flex leave at their current hourly rate
of pay upon termination.
f. Concurrent with the July 1, 2017, 3% compaction salary range adjustment
as stated in Section 2, G, the Longevity Pay incentive program in Section
3, A, 1 was eliminated for all members.
B. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a pro-rata
basis. NBFMA members who are line employees shall accrue holiday time at the
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NBFMA MOU 2019-2022
rate of 5.54 hours per pay period. NBFMA who are staff employees shall accrue
holiday time at the rate of 3.96 hours per pay period.
All employees including Staff Employees shall receive their holiday time in pay.
Holiday pay shall be paid bi-weekly with the regular check. The parties agree, to
the extent permitted by law, the compensation in this section is special
compensation for those employees who are normally required to work on an
approved holiday because they work in positions that require scheduled staffing
without regard to holidays and shall be reported as such pursuant to Title 2 CCR,
Section 571(a)(5) Holiday Pay.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the sole
discretion of the Fire Chief. Time will be charged against the employee's flex leave
bank.
C. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee because of a death or terminal illness in his/her immediate family." Staff
employees shall be entitled to ) forty (40) hours of Bereavement Leave per event
while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave per
event (terminal illness followed by death is considered one event). Leave hours need
not be used consecutively, but should occur in proximate time to the occurrence but
no more than 90 days from the date of the death of the family member. Exceptions to
the 90-day requirement may be made at the sole discretion of the Fire Chief.
Bereavement leave shall be administered in accordance with the provisions of the
Employee Policy Manual. For the purpose of this section immediate family shall mean
an employee's father, stepfather, mother, stepmother, brother, sister, wife, husband,
registered domestic partner, child, stepchild, or grandparent, and the employee's
spouse/domestic partner's mother, father, brother, sister, child or grandparent. An
employee requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
D. Jury Duty
Employees who are summoned to perform jury service shall be entitled to their regular
compensation while serving; provided the fees, except mileage and subsistence
allowance, if any, which they receive as jurors, are remitted to the City.
If an employee calls in at night and finds out that he/she must report to jury duty the
next day (and is scheduled to be working that day as part of a regular shift or on an
overtime basis) he/she must contact his/her supervisor as soon as possible so that
coverage can be arranged for his/her shift.
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NBFMA MOU 2019-2022
E. Family Sick Leave
Unit employees shall be entitled to use their annual leave accrual as set forth in Labor
Code section 233.
F. Workers' Compensation Leave
The City will comply with the provisions of Labor Code section 4850 for workers'
compensation claims.
G. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee is
reassigned to a line position, the City shall automatically convert the Flex Leave,
Bereavement Leave and other benefits from the position previously held to the newly
assigned position provided. The ratio for conversion of staff employee benefits to line
employee benefit shall be 7/5 and the ratio for converting line employee benefits to
staff employee benefits shall be 5/7.
H. Early Relief
The parties acknowledge Department of Labor regulation, 29 CFR section 553.225
that provides:
"It is a common practice among employees engaged in fire protection
activities to relieve employees on the previous shift prior to (between the
hours of 0600 and 0800) the scheduled starting time. Such early relief
time may occur pursuant to employee agreement, either expressed or
implied. This practice will not have the effect of increasing the number of
compensable hours of work for employees employed under section 7(k)
where it is voluntary on the part of the employees and does not result,
over a period of time, in their failure to receive proper compensation for
all hours actually worked. On the other hand, if the practice is required by
the employer, the time involved must be added to the employee's tour of
duty and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require it.
The Association agrees that it will advise the Human Resources Director in writing
if at any time in the future it learns or believes that the City is requiring early relief.
If that occurs, early relief will immediately end.
SECTION 4. FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
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NBFMA MOU 2019-2022
The City has established a Benefits Information Committee (BIC) composed of one
representative from each employee association and up to three City
representatives. The Benefits Information Committee has been established to
allow the City to present data regarding carrier and coverage options, the cost of
those options, appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee association with information about
health insurance/programs and to receive timely input from associations regarding
preferred coverage options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CaIPERS participating
employer's contribution towards medical insurance. Employees shall have the
option of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and NBFMA will
cooperate in pursuing additional optional benefits to be available through the
Cafeteria Plan.
Employees shall be allowed to change coverages in accordance with plan rules
and during regular open enrollment periods.
Effective the pay issue that includes:
The City's contribution towards the Cafeteria Plan will increase by $200.00, to
$1,824.00 (plus the minimum CaIPERS participating employee's contribution).
Unit members who do not enroll in any health care plan offered by the City must
provide proof of minimum essential coverage ("MEC") through another source
(other than coverage in the individual market, whether or not obtained through
Covered California) and execute an opt out agreement releasing the City from any
responsibility or liability to provide health care insurance coverage, on an annual
basis.
Employees hired as full-time City employees prior to June 22, 2019 who elect to
opt out of medical coverage offered by the City because they have provided proof
of minimum essential coverage ("MEC') through another source (other than
coverage in the individual market, whether or not obtained through Covered
California) will receive $1,000.00 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than the City
contribution provided above, those unused cafeteria plan funds shall be paid to the
employee as taxable cash.
Employees hired as full-time City employees on or after June 22, 2019 who elect
to opt out of medical coverage offered by the City because they have provided
proof of minimum essential coverage ("MEC') through another source (other than
coverage in the individual market, whether or not obtained through Covered
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NBFMA MOU 2019-2022
California) shall receive $500.00 per month in taxable cash. For these same
employees, if they elect medical coverage and spend less than the City
contribution provided above, there shall be no cash back provided.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's
health plan offerings as agreed upon by the Benefits Information Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce
taxable income for payment of allowable expenses such as child care and medical
expenses. The City shall maintain a "reimbursable account program" in
accordance with the provisions of Section 125 of the Internal Revenue Code,
pursuant to which an Association member may request that medical, child care
and other eligible expenses be paid or reimbursed by the City out of the employee's
account. The base salary of the employee will be reduced by the amount
designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short -Term (STD) and Long -Term (LTD) disability insurance
to all regular full time employees with the following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount
66.67% of covered wages
66.67% of covered wages
Maximum Benefit
$1,846 weekly
$15,000 monthly
Waiting Period
30 calendar days
180 calendar days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement
the disability benefit with paid leave once the waiting period has been exhausted.
Employees shall pay one percent (1%) of base salary as a post -tax
deduction for this benefit.
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NBFMA MOU 2019-2022
3. Life Insurance
The City shall provide life insurance for all full-time employees in $1,000
increments equal to one times the employee's annual salary up to a maximum of
$50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre-70
amount. This amount remains in effect until the employee retires from City
employment. Employees may also purchase supplemental life insurance at their
own cost.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and their
family members may access the EAP subject to provider guidelines.
D. PERS Retirement Benefits
1. Retirement Formula
The City contracts with the California Public Employees' Retirement System
("CaIPERS" or "PERS") to provide retirement benefits for its employees. Pursuant
to prior agreements and state mandated reform, the City has implemented first,
second and third tier retirement benefits as follows:
Tier I: Employees hired by the City on or before November 23, 2012, the retirement
formula shall be 3%@50, calculated on the basis of the highest consecutive 12-
month period selected by the employee.
Tier II: For classic members (as defined in the Public Employees' Pension Reform
Act) employees first hired by the City on or after November 24, 2012, and who are
not new members as defined in Government Code Section 7522.04(f), the
retirement formula is 2%@50. For these same employees, final compensation
will be based on the highest annual average compensation earnable during the
three consecutive years of employment immediately preceding the effective date
of his or her retirement or any other three consecutive year period chosen by the
employee as set forth in Government Code section 20037.
Tier III ("PEPRA"): For employees first hired by the City on or after January 1, 2013,
who are new members as defined in the Public Employees' Pension Reform Act,
the retirement formula shall be 2.7%@57 provided for by the Public Employees'
Retirement Law at Government Code section 7522.25(d).
For these same employees, final compensation will be based on the highest
annual average pensionable compensation during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or
any other three consecutive year period chosen by the employee as set forth in
Government Code section 7522.32(a).
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NBFMA MOU 2019-2022
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement benefit, to the
extent permissible by law, as set forth below. Should any such provision be
deemed invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions or other equivalent economic
adjustments.
Employee retirement contributions that are in addition to the normal PERS Member
Contribution shall be made in accordance with Government Code §20516(f) and
calculated on base pay, special pays, and other pays normally reported as
pensionable compensation or compensation earnable, and will be made on a pre-
tax basis through payroll deduction, to the extent allowable by the Internal
Revenue Code.
Tiers I and II:
Effective June 22, 2019, all members in Tier I and II shall contribute the full
statutory member contribution equal to 9% of compensation earnable plus an
additional half of one percent (5%) of compensation earnable for a total of 3.5%
of compensation earnable of the Employer rate for a total contribution of 12.5% of
compensation earnable.
Effective the pay period which includes July 1, 2020, all members in Tier I and II
shall contribute the full statutory member contribution equal to 9% of compensation
earnable plus an additional half of one percent (5%) of compensation earnable for
a total of 4.0% of compensation earnable of the Employer rate for a total
contribution of 13.0% of compensation earnable.
Effective the pay period which includes July 1, 2021, all members in Tier I and 11
shall contribute the full statutory member contribution equal to 9% of pensionable
compensation earnable plus an additional half of one percent (5%) of
compensation earnable for a total of 4.5% of compensation earnable of the
Employer rate for a total contribution of 13.5% of compensation earnable.
Tier III:
The normal member contribution rate for Tier III members is 50% of the total
normal cost and is calculated annually for possible adjustments, as provided in the
PERS valuations.
Effective June 22, 2019, Tier Ill unit members will contribute the full statutory
member contribution. If that rate is less than 12.5% of pensionable compensation
these employees will contribute an additional percentage of pensionable
compensation of the Employer rate to achieve a total contribution of 12.5% of
pensionable compensation.
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NBFMA MOU 2019-2022
Effective the pay period which includes July 1, 2020, Tier 111 unit members will
contribute the full statutory member contribution. If that rate is less than 13% of
pensionable compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to achieve a total
contribution of 13% of pensionable compensation.
Effective the pay period which includes July 1, 2021, Tier 111 unit members will
contribute the full statutory member contribution. If that rate is less than 13.5% of
pensionable compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to achieve a total
contribution of 13.5% of pensionable compensation.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant to
Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
E. Defined Contribution Plan
To the extent allowed by PERS, the IRS and other applicable regulatory agencies and
laws, unit members who shall be enrolled in the 2% @ 50 retirement formula or 2.7%
@ 57 formula, shall be eligible to participate in a defined contribution plan to be
administered by the City or its designee in accord with said regulatory agency
regulations and laws. The defined contribution plan shall be funded by allowing each
affected employee to contribute a percentage of base salary each payroll period. The
City shall match any such employee contributions up to a maximum of 1.5% of base
salary. The employee only contributions shall be deemed fully vested at the time of
its deposit. The employer only matching contribution shall vest upon a PERS
retirement being implemented as follows: 100% - age 55+; 80% - age 54; 60% - age
53, 40% - age 52; 20% - age 51.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution" program.
The process of fully converting to the new program will be ongoing for an extended
period. During the transition, employees and (then) existing retirees have been
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NBFMA MOU 2019-2022
administratively classified into one of three categories. The benefit is structured
differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired on or after January 1, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006, whose age
plus years of service as of January 1, 2006 was less than 50 (46 for public
safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006, whose age
plus years of service was 50 or greater (46 for public safety employees) as
of January 1, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS", formerly
the MERP plan):
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for bookkeeping purposes,
called his or her "Employee Account." This account will accumulate contributions
to be used for health care expenses after separation. All contributions to the plan
are either mandatory employee contributions or City paid employer contributions,
so they are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan requires that
all distributions be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each year of
service plus year of age (updated every January 1st based on status as of
December 31 St of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level. The participation level should be
specified as a percentage of the leave balance on hand in each employee's leave
bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave balance as the
participation level, then each member leaving the City, or cashing out leave at any
other time, would have the cash equivalent of 50% of the amount that is cashed out
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NBFMA MOU 2019-2022
added to the RHS, on a pre-tax basis. The remaining 50% would be paid in cash
as taxable income. Individual employees would not have the option to deviate from
this breakout.
The Association has decided to participate in Part C contributions at the level of
zero percent (0%) Flex. This amount may be changed, on a go forward basis, as
part of a future meet and confer process. However, the participation level must be
the same for all employees within the Association. Additionally, the purpose and
focus of these changes should be toward Tong -term, trend type adjustments. Due
to IRS restrictions regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward satisfying the
desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes
Part A contributions may be included in PERS compensation. Part B and Part C
contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited to each
RHS Employee Account each pay period. Eligibility for Part B contributions is set
at five years of vested City employment (i.e. five years at full time status). At that
time, the City will credit the first five years' worth of Part B contributions into the
Employee Account (interest does not accrue during that period). Thereafter,
contributions are made bi-weekly. Part C deposits, if any, will be made at the time
of employment separation.
Each Employee has a right to reimbursement of medical expenses (as defined
below) from the Plan until the Employee Account balance is zero. This right is
triggered upon separation. If an employee leaves the City prior to five years of
employment, only the Part A contributions and Part C leave settlement
contributions, if any, will be in the RHS Employee Account. Such an employee will
not be entitled to any Part B contributions. The exception to this is a full-time
employee, participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the employee
will receive exactly five years' worth of Part B contributions, using the employee's
age and compensation at the time of separation for calculation purposes. This
amount will be deposited into the employee's RHS account at the time of
separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the Internal
Revenue Code Section 213(d) (as explained in IRS Publication 502), and specified
in the Plan Document. In accordance with current IRS regulations and practices,
this generally includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance, and
miscellaneous medical expenses not covered by insurance for the employee and
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NBFMA MOU 2019-2022
his or her spouse and legal dependents — again only as permitted by IRS
Publication 502. Qualification for dependency status will be determined by
guidelines in IRC 152. If used for these purposes, distributions from the RHS
accounts will not be taxable. Cash withdrawal for any other purpose is prohibited.
Under recent IRS Revenue Ruling 2005-24, any balance remaining in the
Employee Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular RHS
Employee Account will be closed, and any remaining funds will become general
assets of the plan.
The parties agree that the City's Part B contributions during active employment
constitute the minimum CaIPERS participating employer's contribution (i.e., the
CaIPERS statutory minimum amount) towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CaIPERS medical plan, or any
other plan with a similar employer contribution requirement, the required City
contribution will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those in Category
1, with the following exception:
In addition to the new plan contributions listed above, current employees who fully
convert to the new plan will also receive a one-time City contribution to their
individual RHS accounts that equates to $100 per month for every month they
contributed to the previous "defined benefit" plan, to a maximum of 15 years (180
months). This contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had Tess than five years' service with the City prior
to implementation of the new program will only receive Part B contributions back to
January 1, 2006 when they reach five years total service.
c. For employees in Category 3, the program is the same as for those in Category
2, with the following exception:
For employees in this category, the City will make no Part B contributions while the
employees are still in the active work force. Instead, the City will contribute $400
per month into each of their RHS accounts after they retire from the City, to continue
as long as the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the duration of
their employment to partially offset part of this expense to the City. The maximum
benefit provided by the City after retirement is $4,800 per year, accruing at the rate
of $400 per month. There is no cash out option for these funds, and they may not
be spent in advance of receipt.
Employees in this category will also receive an additional one-time City contribution
of $75 per month for every month they contributed to the previous plan prior to
January 1, 2006, up to a maximum of 15 years (180 months). This contribution will
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NBFMA MOU 2019-2022
be made to the RHS account at the time of retirement, and only if the employee
retires from the City. No interest will be earned in the interim.
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
G. Deferred Compensation
Each employee shall have a deferred compensation account set up by the City and
subject to the rules of IRS Code section 457 to which s/he may make contributions.
The City shall contribute to each employee's deferred compensation account each
pay period as follows:
1. Effective June 22, 2019, the City shall contribute twenty-one dollars and sixty-
seven cents ($21.67) per pay period to each employee's deferred compensation
account.
2. Effective the first day of the pay period which includes July 1, 2020, the City shall
contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay
period to each employee's deferred compensation account for a total of forty-three
dollars and thirty-five cents ($43.35) per pay period to each employee's deferred
compensation account.
3. Effective the first day of the pay period which includes July 1, 2021, the City shall
contribute an additional twenty-one dollars and sixty-seven cents ($21.67) per pay
period to each employee's deferred compensation account for a total of sixty-five
dollars and two cents ($65.02) per pay period to each employee's deferred
compensation account.
Under federal law, there is an annual maximum contribution which may be made to
an employee's IRS Code section 457 account. Although the City will be making
contributions to employees' accounts each pay period, it is the employees'
responsibility to track their total contribution amount. If an employee's account
contributions reach the annual 457 maximum, the City will stop making contributions
for the remainder of the calendar year and will not owe the employee any additional
compensation related to this section.
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NBFMA MOU 2019-2022
H. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal year.
1. College Courses
NBFMA 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. Reimbursement is contingent upon the successful
completion of the course. Successful completion means a grade of "C" or better
for undergraduate courses and a grade of "B" or better for graduate courses. All
claims for tuition reimbursement require the approval of the Human Resources
Director.
2. Non -College Courses
NBFMA members attending job -related classes, courses, and seminars given by
recognized agencies, organizations or individuals other than accredited college
institutions may apply for reimbursement of one hundred percent (100%) of the
actual cost of tuition, parking fees, travel and lodging expenses. Unit members
who must stay in lodging to attend such classes, courses or seminars because of
their location are required to seek single occupancy governmental rates (at GSA
rates) when booking lodging for the class, course or seminar. Reimbursement for
more than single occupancy governmental rates will be provided only if such rates
are not available and if approved by the Fire Chief.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written communications,
conflict resolution, fire ground operations, rescue systems, legal issues, media
relations, risk management, EMS, health and safety, apparatus operator, auto
extrication, fire prevention, arson investigation, and critical incident stress
management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement require
the approval of the Fire Training Chief before submittal to Human Resources.
I. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as outlined
in Department SOP.
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NBFMA MOU 2019-2022
J. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on an "as
needed" basis. NBFMA members shall wear City provided workout apparel when
working out on duty.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in municipal services, a
reduction in the demand for service or other reasons unrelated to the performance of
duties by any specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification or Series and
this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted regular status, subject to the following:
i. Credit shall be given only for continuous service (as described in the
next paragraph) subsequent to the most recent appointment to
regular status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave, military leave
and leave of absence with pay, but shall not include time spent on
any other authorized or unauthorized leave of absence.
iii. For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within any
Classification within the Series.
c. "Classification" shall mean one full time position identical or similar in duties
and embraced by a single job title authorized in the City budget and shall
not include part-time, seasonal or temporary positions. Classifications
within a Series shall be ranked according to pay (lowest ranking, lowest
pay).
d. In this bargaining unit, there is one "Series" made up of one classification
represented by the Association — Fire Battalion Chief.
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NBFMA MOU 2019-2022
e. In this bargaining unit, since the Series consists of only one classification
(Battalion Chief) "Bumping Rights", "Bumping" or "Bump" shall mean the
right of a Battalion Chief who is subject to layoff to displace a less senior
employee in a lower Classification which he/she has held in the Department.
No employee shall have the right to Bump into a Classification for which the
employee does not possess the minimum qualifications such as specialized
education, training or experience, provided, however, the City shall allow an
employee to become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another position.
An employee has the right to "Bump" into only those positions the employee
has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of Battalion Chiefs,
the following procedures are applicable:
a. Battalion Chiefs shall be laid off in inverse order of seniority;
b. A Battalion Chief shall have the right to Bump a less senior employee in a
lower ranking Classification which he/she has held within the Department if
he/she has more seniority which includes time in class as a Battalion Chief
and lower classifications held within the Department. An employee who has
Bumping Rights shall notify the Department Director within seven (7)
working days after notice of layoff of his/her intention to exercise Bumping
Rights.
c. In the event two or more Battalion Chiefs are subject to layoff and have the
same seniority, they shall be laid off in inverse order of their position on the
eligibility list or lists from which they were appointed. In the event at least
one of the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay-off shall be given at least thirty (30) days advance notice
of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave, holiday leave (if any).
4. Re -Employment
Regular employees who are laid off shall be placed on a Department re-
employment list in reverse order of layoff. Re-employment lists will be valid for
two (2) years. The re-employment list shall remain in effect until exhausted by
removal of all names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or a lower ranking
Classification within a Series, the employee at the top of the Department re-
employment list shall have the right to appointment to the position, provided, he or
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NBFMA MOU 2019-2022
she reports to work within seven (7) days of written notice of appointment. Notice
shall be deemed given when personally delivered to the employee or deposited in
the U.S. Mail, certified, return receipt requested, and addressed to the employee
at his or her past known address. Any employee shall have the right to refuse to
be placed on the re-employment list or the right to remove his or her name from
the re-employment list by sending written confirmation to the Human Resources
Director.
5. Demotion
Regular employees who are demoted because of reduced staffing levels shall be
placed on a Department promotional list in reverse order of demotion. This
promotional list shall remain in effect until exhausted by removal of all names on
the list.
6. Severance Pay
Regular employees who are laid off shall, as of the date of lay-off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach, but in no case to exceed ten (10) weeks of severance compensation.
B. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression battalion
chief position in the absence of available battalion chiefs.
C. Staff Assignment Schedule
NBFMA members assigned to staff positions shall have the option to work a 5/40, 4/10
or 9/80 schedule; the staff member and the Fire Chief must mutually agree to the
schedule selected prior to it becoming effective. The Fire Chief retains the right to
assign the staff member to a different schedule, or deny the member's request for a
change of schedule, if the Fire Chief determines that the member is not able to perform
their job duties or the operational needs of the department are not being met.
Employees will be given 2 weeks' notice if the Fire Chief determines a change in
schedule is needed in order to minimize disruption of the member's
personal/professional obligations. In addition, occasionally and at the discretion and
approval of the Fire Chief, unit employees (who are all FLSA exempt) working a 4/10
or 9/80 schedule may adjust their regularly scheduled day off if such change does not
disrupt departmental operations.
D. Consecutive Shifts
Members shall be limited to working four (4) 24-hour shifts in a row, after which time
the employee shall not work during the next consecutive 24-hour shift. Additional
consecutive shifts may be permitted with Fire Chief or designee approval, based upon
exigent circumstances.
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NBFMA MOU 2019-2022
E. Requirement to Live Within 150 Miles of City Limits
Employees hired as full-time unit members on or after July 1, 2019 are required to
live within 150 miles of the City limits.
Signatures on the following page
24
NBFMA MOU 2019-2022
Executed this 2 5 day of June, 2019.
FOR THE NEWPORT BEACH FI - NAGEMENT ASSOCIATION:
7c
ough,
By'13./Z-���2%
Brian McDon r esi
Justin Carr, Vice -President
FOR THE CITY OF NEWPT BEACH:
Diane B. Dixon, Mayor
By:
APPROVED AS TO F,QRM:
BY:
ATTEST:
By:
Peter J.rown, Special Counsel
ilfilfrk-
Leilani Brown, Cityrk
25
NBFMA MOU 2019-2022
Exhibit A
CITY OF NEWPORT BEACH
FIRE MANAGEMENT ASSOCIATION
Revision Date: June 22, 2019
2% Cost of Living Adjustment
Hourly Pay Rate 1
MIN MAX
Monthly Pay Rate 2
MIN MAX
Fire Battalion Chief (Line)
Fire Battalion Chief (Staff)
Fire Batt. Chief (Staff)+7.5%
$48.32
$67.64
$72.72
$58.73
$82.22
$88.40
$11,725
$11,725
$12,605
$14,251
$14,251
$15,323
Revision Date: June 20, 2020
2% Cost of Living Adjustment
Hourly Pay Rate'
MIN MAX
Monthly Pay Rate 2
MIN MAX
Fire Battalion Chief (Line)
Fire Battalion Chief (Staff)
Fire Batt. Chief (Staff)+7.5%
$49.28
$69.00
$74.17
$59.90
$83.86
$90.17
$11,959
$11,959
$12,857
$14,536
$14,536
$15,629
Revision Date: June 19, 2021
2% Cost of Living Adjustment
Hourly Pay Rate'
MIN MAX
Monthly Pay Rate 2
MIN MAX
Fire Battalion Chief (Line)
Fire Battalion Chief (Staff)
Fire Batt. Chief (Staff)+7.5%
$50.27
$70.38
$75.66
$61.10
$85.54
$91.97
$12,198
$12,198
$13,114
$14,827
$14,827
$15,942
Pay rates reflect different assignments for one classification.
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH
FIRE MANAGEMENT
ASSOCIATON
July 1, 2018 through June 30, 2019
SECTION 1. GENERAL PROVISIONS 1
A. Recognition 1
B. Term 1
C. Scope 2
D. Bulletin Boards 2
E. Conclusiveness 2
F. Modifications 3
G. Savings 3
H. Impasse 3
I. Definitions 3
SECTION 2. COMPENSATION 4
A. Salary 4
B. Overtime - Hours Worked 4
C. Required Uniform 5
D. Scholastic/Certificate Achievement Pay 5
E. Bilingual Pay 6
F. Court Standby Pay 7
G. Compaction Adjustment 7
SECTION 3. LEAVES 7
A. Flex Leave 7
B. Holiday Time 9
C. Bereavement Leave 9
D. Jury Duty 10
E. Family Sick Leave 10
F. Workers' Compensation Leave 10
G. Reassignment 10
SECTION 4. FRINGE BENEFITS 10
A. Medical Insurance 10
B. Additional Health Insurance/Programs 11
C. Retirement Benefits 12
D. Retiree Medical Benefit 15
E. Tuition Reimbursement 18
F. Annual Physical Examinations 19
G. Physical Conditioning Equipment/Apparel 19
SECTION 5. MISCELLANEOUS PROVISIONS 19
A. Reductions in Force/Layoffs 19
B. Fire Suppression Staffing Levels 22
C. Staff Assignment Schedule 22
D. Consecutive Shifts 22
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA" or
"Association"), 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. This MOU, upon approval by NBFMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between
the parties regarding all matters within the scope of representation.
SECTION 1. GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFMA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and conditions of
employment for all employees in those classifications specified in Exhibit "A" or as
appropriately modified in accordance with the Employer/Employee Resolution. All
other classifications and positions not specifically included within Exhibit "A" are
excluded from representation by NBFMA.
B. Term
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of July 1, 2018. This MOU shall remain in full force
and effect through June 30, 2019, and the provisions of this MOU shall
continue after the date of expiration of this MOU in the event the parties are
meeting and conferring on a successor MOU.
2. The provisions of this MOU shall prevail over any conflicting provisions of
the Newport Beach City Charter, the ordinances, resolutions and policies of
the City of Newport Beach, and federal and state statutes, rules and
regulations which either specifically provide that agreements such as this
prevail, confer rights which may be waived by any collective bargaining
agreement, or are, pursuant to decisional or statutory law, superseded by
the provisions of an agreement such as, or similar to, this MOU.
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NBFMA MOU 2018-2019
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
The parties agree to meet and confer changes to department SOP, rule, or
regulation if such proposed change materially impacts any matter within the
scope of representation.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
boards by the NBFMA shall indicate that the NBFMA posted it. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of any protected class under the law or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
any protected class under the law or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material. E-
Mail may be used for Association business on a limited basis and consistent
with Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be compelled
to meet and confer concerning any issue within the scope of representation except
as expressly provided herein or by mutual agreement of the parties. No
representative of either party has the authority to make, and none of the parties
shall be bound by, any statement, representation or agreement reached prior to
the execution of this MOU and not set forth herein.
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NBFMA MOU 2018-2019
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 provided, however, should the provisions of this MOU relating to salary
increases, fringe benefits, or the compensation policy be declared invalid the City
shall provide alternative forms of compensation such that NBFMA members suffer
no financial detriment by virtue of the decision or ruling with the manner and form
of the compensation to be determined by the parties after meeting and conferring
in good faith.
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
successor resolution. Upon request by the Association the parties will engage in
non -binding fact finding pursuant to State law.
I. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned
to work a 40-hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work
an average 56-hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
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NBFMA MOU 2018-2019
SECTION 2. COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9.5% salary differential between the top step of Fire Captain and the bottom
step of the Fire Battalion Chief. Adjustments to the salary of Battalion Chief
shall be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary differentials listed
in Exhibit A.
2. Salary Adjustments — this MOU Period
There shall be no cost of living adjustments to base salary during the term
of this agreement.
B. Overtime - Hours Worked
1. The City and Association agree that all unit classifications are properly
exempted from the overtime provisions of the Fair Labor Standards Act.
However, NBFMA members may be required to work additional floor shifts
in excess of their regular work schedule. Off -duty employees in the Battalion
Chief classification who are assigned by the Fire Chief or designee to
additional fire suppression work shift for an emergency assignment, or to
replace another Battalion Chief who is on an approved leave, will receive
overtime pay equal to one -and -one-half times' the employees base rate of
pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered
hours worked for the purpose of determining overtime eligibility. Regular
staff meetings or other assignments will not be eligible for overtime at the
1% rate and shifts exchanges between two Battalion Chiefs do not qualify
for overtime compensation.
2. Strike Team Actions. In the event that a Unit employee is assigned to
provide fire suppression services as part of a regional, state, or federal
strike team organized by State or Federal officials and when all of the below
Conditions exist, that Unit employee shall be paid at the time and one-half
(1'/2) 56-hour rate. The Conditions are:
• The Unit employee is working outside of his or her regularly
scheduled hours;
• The Strike Team is operating outside of the city limits;
4 NBFMA MOU 2018-2019
• The Unit employee is on duty on the Strike Team for more than eight
(8) hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime members may elect to accrue
compensatory time off. Staff personnel may accrue a maximum of 120
hours. Line personnel may accrue a maximum of 196 hours. The provisions
for accrual and use of compensatory time shall be provided in Fire
Department Standard Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
C. Required Uniform
City shall pay the entire cost of providing NBFMA member with each
component of the required NBFD uniform. The required NBFD uniform includes
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and
liner, belts, sweatshirt, and turnout safety clothing. City shall not be responsible
for providing employee with socks, underwear, cap or workout shoes, or other
clothing.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance for each sworn classification as special
compensation in accordance with Title 2, California Code of Regulation,
Section 571(a)(5). Notwithstanding the previous sentence, for "new members"
as defined by the Public Employees' Pension Reform Act of 2013, the uniform
allowance will not be reported as pensionable compensation to CaIPERS.
Specifically, the City shall report as pensionable compensation the value of
provided uniforms at $1,519 annually ($58.42 per pay period) in accordance
with PERS requirements. The parties agree the reported value of uniforms is
intended to reflect clothing such as pants, shirts, jackets, and related attire and
excludes health and safety related equipment, including safety boots and
turnout gear.
D. Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when
eligible and scholastic/certificate achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the Fire
Chief. It is the responsibility of the NBFMA member to apply for
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NBFMA MOU 2018-2019
Scholastic/Certificate Achievement Pay. Approval of the member's application
shall not be unreasonably withheld or delayed, and the member shall not be
entitled to receive scholastic/certificate achievement pay prior to the date the
application is approved even though the member may have been eligible prior
to approval. Scholastic/Certificate achievement pay is contingent upon years
of service and number of units and/or degrees received by the employee.
NBFMA member shall receive scholastic achievement pay for degrees
awarded by accredited community colleges, state colleges, or universities in
accordance with the following:
1. Scholastic Achievement
Degree Scholastic Pay %
AA/AS
BA/BS
3.5%
5.5%
2. Certificate Pay
Coursework
Certified Chief Fire Officer
Strike Team Leader
Compensation
3.0%
$100 per month
The parties agree that to the extent permitted by law, the Scholastic
Achievement pay in this section is special compensation and shall be reported
to Ca1PERS as such pursuant to Title 2 CCR, Section 571(a)(2) Educational
Incentive Pay.
E. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month ($69.23 per pay period) in bilingual
pay. The certification process will confirm that employees are fluent at the
street conversational level in speaking, reading and writing Spanish.
Employees certified shall receive bilingual pay the first full pay period following
certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
The parties agree that to the extent permitted by law, the Bilingual pay in this
section is special compensation and shall be reported to Ca1PERS as such
pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
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NBFMA MOU 2018-2019
F. Court Standby Pay
NBFMA members who, pursuant to subpoena compelling attendance to testify
to acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off -duty,
to remain within a certain response time from court, shall be considered to be
on "court standby time" and shall receive four hours of pay for each eight hours
of court standby time. NBFMA members shall, when required to appear in court
pursuant to a subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
G. Compaction Adjustment
Effective July 1, 2017, the Battalion Chief salary range was adjusted by 3.0%
to address compaction between Fire Captain and Battalion Chief.
SECTION 3. LEAVES
A. Flex Leave
NBFMA members shall accrue flex leave as follows.
Years
of Continuous
Service
LINE EMPLOYEES
STAFF EMPLOYEES
Accrual
Hours/Pay Period
Maximum Accrual
Accrual
Hours/Pay Period
Maximum Accrual
Less than 5
9.77
508.04
6.97
362.44
5 but less than 9
10.69
555.88
7.63
396.76
9 but less than 12
11.62
604.24
8.33
433.16
12 and over
12.54
652.08
8.95
465.40
1. The Flex leave program shall be administered as follows:
a. Newly hired NBFMA members shall not accrue flex leave until
continuously employed by the Newport Beach Fire Department for a
period of three (3) months provided, however, if a member in the flex
leave program becomes sick during the first three months of
employment, the City will advance up to three (3) months of accrual
for line employees (63.50 hours) / staff employees (45.30 hours) for
use by the member to recover from illness.
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NBFMA MOU 2018-2019
In the event the City advances paid leave time and the employee is
terminated or resigns before completing three months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced multiplied
by the member's hourly rate of pay.
b. Newly hired NBFMA members shall accrue three (3) months of flex
leave [line employees (63.50 hours) /staff employees (45.30 hours)]
immediately upon completing three (3) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first three months of employment.
c. Earned flex leave in excess of the maximum permitted will be paid
bi-weekly at the member's hourly rate of pay ("Spillover Pay").
NBFMA members may not elect to buy down accrued Flex Leave
below the current threshold for payment unless, during the twelve
months preceding the election, the member has taken at least ninety-
six (96) hours of paid leave if a line employee and eighty (80) hours
of paid leave if a staff employee.
Employees shall have the option of converting accrued Flex Leave
to cash on an hour for hour basis subject to the following: On or
before the pay period which includes December 15 of each calendar
year, an employee may make an irrevocable election to cash out
accrued flex leave which will be earned in the following calendar
year. The employee can elect to receive the cash out in the pay
period which includes June 30 and the pay period which includes
December 15 for those Flex Leave benefits that have been earned
during that portion of the year. In no event shall the flex leave
balance be reduced below what each employee can accrue for fifty-
two pay periods. On or before December 31, 2018, each employee
shall have the one-time option of cashing out all or a portion of Flex
Leave benefits credited to his/her account as of that date. However,
in no event shall the flex leave balance be reduced below what each
employee can accrue for fifty-two pay periods.
d. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member take
or request flex leave in excess of the amount accrued.
e. Members shall be paid for all accrued flex leave at their current
hourly rate of pay upon termination.
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NBFMA MOU 2018-2019
f. Concurrent with the July 1, 2017, 3% compaction salary range
adjustment as stated in Section 2, G, the Longevity Pay incentive
program in Section 3, A, 1 was eliminated for all members.
B. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a
pro-rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are staff
employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay. Holiday pay shall be paid bi-weekly with the regular check. The parties
agree, to the extent permitted by law, the compensation in this section is
special compensation for those employees who are normally required to
work on an approved holiday because they work in positions that require
scheduled staffing without regard to holidays and shall be reported as such
pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex leave bank.
C. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee because of a death or terminal illness in his/her immediate family." Staff
employees shall be entitled to) forty (40) hours of Bereavement Leave per event
while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave
per event (terminal illness followed by death is considered one event). Leave
hours need not be used consecutively, but should occur in proximate time to the
occurrence but no more than 90 days from the date of the death of the family
member. Exeptions to the 90 day requirement may be made at the sole discretion
of the Fire Chief. Bereavement leave shall be administered in accordance with the
provisions of the Employee Policy Manual. For the purpose of this section
immediate family shall mean an employee's father, stepfather, mother,
stepmother, brother, sister, wife, husband, registered domestic partner, child,
stepchild, or grandparent, and the employee's spouse/domestic partner's mother,
father, brother, sister, child or grandparent. An employee requesting bereavement
leave shall notify his/her supervisor as soon as possible of the need to take leave.
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NBFMA MOU 2018-2019
D. Jury Duty
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24-hour shift during which the member is required to
attend court and sit on a jury or await assignment.
E. Family Sick Leave
Unit employees shall be entitled to use their annual leave accrual as set forth in
Labor Code section 233.
F. Workers' Compensation Leave
Any employee who has been incapacitated by reason of any injury or illness which
has been determined to have arisen out of or in the course of his or her
employment shall receive compensation in accordance with the provisions of
Section 4850 et. seq. of the Labor Code of the State of California.
G. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex Leave,
Bereavement Leave and other benefits from the position previously held to the
newly assigned position provided. The ratio for conversion of staff employee
benefits to line employee benefit shall be 7/5 and the ratio for converting line
employee benefits to staff employee benefits shall be 5/7.
SECTION 4. FRINGE BENEFITS
A. Medical lnsurance
1. Benefits Information Committee
The City has established a Benefits Information Committee (BIC) composed
of one representative from each employee association and up to three City
representatives. The Benefits Information Committee has been established to
allow the City to present data regarding carrier and coverage options, the cost
of those options, appropriate coverage levels and other health programs. The
purpose of the BIC is to provide each employee association with information
about health insurance/programs and to receive timely input from associations
regarding preferred coverage options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CaIPERS
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NBFMA MOU 2018-2019
participating employer's contribution towards medical insurance. Employees
shall have the option of allocating Cafeteria Plan contributions towards the
City's existing medical, dental and vision insurance/programs. The City and
NBFMA will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as taxable
cash back. Employees shall be allowed to change coverages in accordance
with plan rules and during regular open enrollment periods.
Effective the pay issue that includes:
January 1, 2019, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,824.00 (plus the minimum CaIPERS participating
employee's contribution).
Unit members who do not enroll in any health care plan offered by the City
must provide proof of minimum essential coverage ("MEC') through another
source (other than coverage in the individual market, whether or not obtained
through Covered California) and execute an opt out agreement releasing the
City from any responsibility or liability to provide health care insurance
coverage, on an annual basis.
Employees electing to opt out of medical coverage offered by the City because
they have provided proof of minimum essential coverage ("MEC') through
another source (other than coverage in the individual market, whether or not
obtained through Covered California) will receive a maximum cafeteria
allowance of $1, 000.00 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce
taxable income for payment of allowable expenses such as child care and
11 NBFMA MOU 2018-2019
medical expenses. The City shall maintain a "reimbursable account program"
in accordance with the provisions of Section 125 of the Internal Revenue
Code, pursuant to which an Association member may request that medical,
child care and other eligible expenses be paid or reimbursed by the City out
of the employee's account. The base salary of the employee will be reduced
by the amount designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting period
has been exhausted.
Employees have a one (1.0%) percent reduction for the cost of this benefit
from base salary.
3. Life Insurance
The City shall provide life insurance for all full-time employees in $1,000
increments equal to one times the employee's annual salary up to a
maximum of $50,000. At age 70 the City -paid life insurance is reduced by
50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment. Employees may also purchase
supplemental life insurance at their own cost.
4. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) for Association
members through a properly licensed provider. Association members and
their family members may access the EAP subject to provider guidelines.
C. Retirement Benefits
1. Retirement Formula
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NBFMA MOU 2018-2019
The City contracts with the California Public Employees Retirement System
("CaIPERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform, the
City has implemented first, second and third tier retirement benefits as
follows:
Tier I: Employees hired by the City on or before November 23, 2012, the
retirement formula shall be 3%@50, calculated on the basis of the highest
consecutive 12 month period selected by the employee.
Tier II: For classic members (as defined in the Public Employees' Pension
Reform Act) employees first hired by the City on or after November 24,
2012, and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula is 2%@50. For these same
employees, final compensation will be based on the highest annual average
compensation earnable during the three consecutive years of employment
immediately preceding the effective date of his or her retirement or any
other three consecutive year period chosen by the employee as set forth in
Government Code section 20037.
Tier III ("PEPRA"): Employees first hired by the City on or after January 1,
2013, who are new members as defined in the Public Employees' Pension
Reform Act), the retirement formula shall be 2.7%@57 provided for by the
Public Employees' Retirement Law at Government Code section
7522.25(d).
For these same employees, final compensation will be based on the highest
annual average compensation earnable during the three consecutive years
of employment immediately preceding the effective date of his or her
retirement or any other three consecutive year period chosen by the
employee as set forth in Government Code section 7522.32(a).
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to meet
for the purpose of renegotiating employee retirement contributions or other
equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal PERS
Member Contribution shall be made in accordance with Government Code
§20516(f) and calculated on base pay, special pays, and other pays
normally reported as pensionable compensation, and will be made on a pre-
tax basis through payroll deduction, to the extent allowable by the Internal
Revenue Code.
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NBFMA MOU 2018-2019
Tiers I and II:
Tier I and II members shall contribute the full statutory member contribution,
equal to 9% of pensionable compensation, plus an additional 3% of
pensionable compensation of the Employer rate, for a total contribution of
12%.
Tier III:
The normal member contribution rate for Tier III members is 50% of the total
normal cost and is calculated annually for possible adjustments, as provided
in the PERS valuations.
Tier III members will contribute the full statutory member contribution, plus,
if the statutory amount is below 12% an additional percentage of
pensionable compensation of the Employer rate to achieve a total
contribution of 12%. If the member contribution for Tier 111 members is
above 12%, they will not need to contribute any additional amount towards
the Employer rate.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
4. To the extent allowed by PERS, the IRS and other applicable regulatory
agencies and laws, unit members who shall be enrolled in the 2% @ 50
retirement formula or 2.7% @ 57 formula, shall be eligible to participate in
a defined contribution plan to be administered by the City or its designee in
accord with said regulatory agency regulations and laws. The defined
contribution plan shall be funded by allowing each affected employee to
contribute a percentage of base salary each payroll period. The City shall
match any such employee contributions up to a maximum of 1.5% of base
salary. The employee only contributions shall be deemed fully vested at the
time of its deposit. The employer only matching contribution shall vest upon
a PERS retirement being implemented as follows: 100% - age 55+; 80% -
age 54; 60% - age 53, 40% - age 52; 20% - age 51.
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NBFMA MOU 2018-2019
D. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution"
program. The process of fully converting to the new program will be ongoing
for an extended period. During the transition, employees and (then) existing
retirees have been administratively classified into one of four categories. The
benefit is structured differently for each of the categories. The categories are
as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2005 was less than 50 (46
for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006, whose
age plus years of service was 50 or greater (46 for public safety
employees) as of January 1, 2005.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS",
formerly the MERP plan):
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expenses after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not taxable to
employees at the time of deposit. Earnings from investment of funds in the
account are not taxable when posted to the account. Benefit payments are
not taxable when withdrawn, because the plan requires that all distributions
be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each year
of service plus year of age (updated every January 1st based on status as of
December 31 st of the prior year).
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NBFMA MOU 2018-2019
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level. The participation level should
be specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave balance
as the participation level, then each member leaving the City, or cashing out
leave at any other time, would have the cash equivalent of 50% of the amount
that is cashed out added to the RHS, on a pre-tax basis. The remaining 50%
would be paid in cash as taxable income. Individual employees would not
have the option to deviate from this breakout.
The Association has decided to participate in Part C contributions at the level
of zero percent (0%) Flex. This amount may be changed, on a go forward
basis, as part of a future meet and confer process. However, the participation
level must be the same for all employees within the Association. Additionally,
the purpose and focus of these changes should be toward long-term, trend
type adjustments. Due to IRS restrictions regarding "constructive receipt,"
the City will impose restrictions against frequent spikes or drops that appear
to be tailored toward satisfying the desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C
contributions.
Nothing in this section restricts taking leave for time off purposes
Part A contributions may be included in PERS compensation. Part B and
Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited
to each RHS Employee Account each pay period. Eligibility for Part B
contributions is set at five years of vested City employment (i.e. five years at
full time status). At that time, the City will credit the first five years' worth of
Part B contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part C
deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is zero.
This right is triggered upon separation. If an employee leaves the City prior
to five years employment, only the Part A contributions and Part C leave
settlement contributions, if any, will be in the RHS Employee Account. Such
an employee will not be entitled to any Part B contributions. The exception
to this is a full-time employee, participating in the program, who leaves the
16 NBFMA MOU 2018-2019
City due to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of Part B
contributions, using the employee's age and compensation at the time of
separation for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the
Internal Revenue Code Section 213(d) (as explained in IRS Publication 502),
and specified in the Plan Document. In accordance with current IRS
regulations and practices, this generally includes premiums for medical
insurance, dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical expenses
not covered by insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502. Qualification
for dependency status will be determined by guidelines in IRC 152. If used
for these purposes, distributions from the RHS accounts will not be taxable.
Cash withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee Account
after the death of the employee and his or her spouse and/or other authorized
dependents (if any) must be forfeited. That particular RHS Employee
Account will be closed, and any remaining funds will become general assets
of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution i.e., the CaIPERS statutory minimum amount) towards medical
insurance after retirement. The parties also agree that, for retirees selecting
a CaIPERS medical plan, or any other plan with a similar employer
contribution requirement, the required City contribution will be withdrawn from
the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those
in Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees who
fully convert to the new plan will also receive a one-time City contribution to
their individual RHS accounts that equates to $100 per month for every month
they contributed to the previous "defined benefit" plan, to a maximum of 15
years (180 months). This contribution will be made only if the employee
retires from the City and at the time of retirement. No interest will be earned
in the interim.
Employees in Category 2 who had less than five years' service with the City
prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
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NBFMA MOU 2018-2019
c. For employees in Category 3, the program is the same as for those
in Category 2, with the following exception:
For employees in this category, the City will make no Part B contributions
while the employees are still in the active work force. Instead, the City will
contribute $400 per month into each of their RHS accounts after they retire
from the City, to continue as long as the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to the City.
The maximum benefit provided by the City after retirement is $4,800 per year,
accruing at the rate of $400 per month. There is no cash out option for these
funds, and they may not be spent in advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the previous
plan prior to January 1, 2006, up to a maximum of 15 years (180 months).
This contribution will be made to the RHS account at the time of retirement,
and only if the employee retires from the City. No interest will be earned in
the interim.
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
E. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal
year.
1. College Courses
NBFMA 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. 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
18 NBFMA MOU 2018-2019
graduate courses. All claims for tuition reimbursement require the approval of
the Human Resources Director.
2. Non -College Courses
NBFMA members attending job -related classes, courses, and seminars given
by recognized agencies, organizations or individuals other than accredited
college institutions may apply for reimbursement of one hundred percent
(100%) of the actual cost of tuition, parking fees, travel and lodging expenses.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson investigation, and
critical incident stress management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement
require the approval of the Fire Training Chief before submittal to Human
Resources.
F. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on an
"as needed" basis. NBFMA members shall wear City provided workout apparel
when working out on duty.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
19
NBFMA MOU 2018-2019
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted regular status, subject to the following:
i. Credit shall be given only for continuous service (as described
in the next paragraph) subsequent to the most recent
appointment to regular status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within
any Series.
c. "Classification" shall mean one full time position identical or similar
in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary
positions. Classifications within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
d. In this bargaining unit, there is one "Series" made up of the two
classifications represented by the Association — Fire Battalion Chief,
80 hours (+7.5%) and Fire Line Battalion Chief 112 hours.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the minimum
qualifications such as specialized education, training or experience,
provided, however, the City shall allow an employee to become re-
certified as an EMT or a paramedic in the event the employee's
certification has expired due to promotion to another position. An
employee has the right to "Bump" into only those positions the
employee has previously held with the Department.
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NBFMA MOU 2018-2019
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Employees within a Classification shall be laid off in inverse order of
seniority;
b. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking Classification
within a Series, provided, however, that the determination of the
employee to be terminated from the position of Firefighter shall be
based on seniority within the Series. An employee who has Bumping
Rights shall notify the Department Director within seven (7) working
days after notice of layoff of his/her intention to exercise Bumping
Rights.
c. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay-off shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave
(if any).
4. Re -Employment
Regular employees who are laid off shall be placed on a Department re-
employment list in reverse order of layoff. Re-employment lists will be valid
for two (2) years. The re-employment list shall remain in effect until
exhausted by removal of all names on the list. In the event a vacant position
occurs in the Classification which the employee occupied at the time of
layoff, or a lower ranking Classification within a Series, the employee at the
top of the Department re-employment list shall have the right to appointment
to the position, provided, he or she reports to work within seven (7) days of
written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail, certified,
return receipt requested, and addressed to the employee at his or her past
known address. Any employee shall have the right to refuse to be placed
on the re-employment list or the right to remove his or her name from the
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NBFMA MOU 2018-2019
re-employment list by sending written confirmation to the Human Resources
Director.
5. Demotion
Regular employees who are demoted because of reduced staffing levels
shall be placed on a Department promotional list in reverse order of
demotion. This promotional list shall remain in effect until exhausted by
removal of all names on the list.
6. Severance Pay
Regular employees who are laid off shall, as of the date of lay-off, receive
one week severance pay for each year of continuous service with the City
of Newport Beach, but in no case to exceed ten (10) weeks of severance
compensation.
B. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression
battalion chief position in the absence of available battalion chiefs.
C. Staff Assignment Schedule
NBFMA members assigned to staff positions shall have the option to work a 5/40,
4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually agree to
the schedule selected prior to it becoming effective. The Fire Chief retains the right
to assign the staff member to a different schedule, or deny the member's request
for a change of schedule, if the Fire Chief determines that the member is not able
to perform their job duties or the operational needs of the department are not being
met. Employees will be given 2 weeks' notice if the Fire Chief determines a change
in schedule is needed in order to minimize disruption of the member's
personal/professional obligations. In addition, occasionally and at the discretion
and approval of the Fire Chief, unit employees (who are all FLSA exempt) working
a 4/10 or 9/80 schedule may adjust their regularly scheduled day off if such change
does not disrupt departmental operations.
D. Consecutive Shifts
Members shall be limited to working four (4) 24-hour shifts in a row, after which
time the employee shall not work during the next consecutive 24-hour shift.
Additional consecutive shifts may be permitted with Fire Chief or designee
approval, based upon exigent circumstances.
Signatures on the following page
22
NBFMA MOU 2018-2019
Executed this 't' t 1 day of August, 2018.
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
By: V/uivi? 212 C'i�
Brian McDono _ Pres•iaent
By:
Justin rr, Vice -President
FOR THE CITY -OF NEWP• -T BEACH:
By:
Duffy Du '- Id, M- or
APPROVED AS
BY:
Peter J. Brown, Special Counsel
ATTEST:
By: 1
rown, City Clerk
23
NBFMA MOU 2018-2019
Exhibit
Newport Beach Fire Management Association
Classifications and Pay Rates
MOU Term: July 1, 2018 —June 30, 2019
Effective January 1, 2018 (2.75% adjustment)
Fire Battalion Chief 80 Hrs (+7.5%)
Fire Line Battalion Chief 112 Hrs
Hourly Pay Rate Monthly Pay Rate
Min Max Min Max
$71.29 $86.67 $12,358 $15,022
$47.37 $57.58 $11,495 $13,972
24 NBFMA MOU 2018-2019
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA" or
"Association"), a recognized employee organization, and the City of
Newport Beach ("City"), a municipal corporation and charter city, have
been meeting and conferring, in good faith, with respect to wages, hours,
fringe benefits and other terms and conditions of employment.
2. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of
employment for the period from July 1, 2014 through June 30, 2018 and
this tentative agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA during
the meet and confer process leading to the adoption of this 2014-2018
MOU.
4. This MOU, upon approval by NBFMA and the Newport Beach City
Council, represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of
representation.
SECTION 1. - GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFMA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and conditions
of employment for all employees in those classifications specified in Exhibit "A"
or as appropriately modified in accordance with the Employer/Employee
Resolution. All other classifications and positions not specifically included within
Exhibit "A" are excluded from representation by NBFMA.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of July 1, 2014. This MOU shall remain in full
force and effect through June 30, 2018, and the provisions of this MOU
shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
The parties agree to meet and confer changes to department SOP, rule,
or regulation if such proposed change materially impacts any matter within
the scope of representation.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50 .
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion, age, sexual orientation, or
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall
not contain personal attacks on any City official or employee, any material
2 NBFMA MOU 2014 - 2018
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion, age, sexual orientation, or other
statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material. E-Mail may be used for Association
business on a limited basis and consistent with Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
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 provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such
that NBFMA members suffer no financial detriment by virtue of the decision or
ruling with the manner and form of the compensation to be determined by the
parties after meeting and conferring in good faith.
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
successor resolution. Upon request by the Association the parties will engage in
non -binding fact finding pursuant to State law.
I. Definitions
For the purposes of this MOU these terms shall have the following meanings:
3 NBFMA MOU 2014 - 2018
1 The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is
assigned to work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to
work an average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
SECTION 2. - COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9.5% salary differential between the top step of Fire Captain and the
bottom step of the Fire Battalion Chief. Adjustments to the salary of
Battalion Chief shall be reflected in corresponding adjustments to other
positions represented by NBFMA necessary to maintain the salary
differentials listed in Exhibit A.
2. Salary Adjustments — this MOU Period
Base salary increases for all NBFMA represented classifications shall be
as follows and as specified in Exhibit A:
Effective the payroll period that includes July 1, 2015, there shall be a
base salary increase of 2.75%.
Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75%.
Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75%.
Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75%.
4 NBFMA MOU 2014 - 2018
B. Overtime - Hours Worked
1. The City and Association agree that all unit classifications are properly
exempted from the provisions of the Fair Labor Standards Act. However,
NBFMA members may be required to work additional floor shifts in excess of
their regular work schedule. Effective July 1, 2016, off -duty employees in the
Battalion Chief classification who are assigned by the Fire Chief or designee
to additional fire suppression work shift for an emergency assignment, or to
replace another Battalion Chief who is on an approved leave, will receive
overtime pay equal to one -and -one-half times' the employees base rate of
pay.
Use of Flex Leave, Comp Time, or other paid leaves are not considered hours
worked for the purpose of determining overtime eligibility. Regular staff
meetings or other assignments will not be eligible for overtime at the 1 % rate
and shifts exchanges between two Battalion Chiefs do not qualify for overtime
compensation.
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (T'/2) 56-hour
rate. The Conditions are:
• The Unit employee is working overtime hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight
(8) hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime members may elect to accrue
compensatory time off. Staff personnel may accrue a maximum of 120 hours.
Line personnel may accrue a maximum of 196 hours. Personnel must use all
accrued compensatory time by time of retirement. The provisions for accrual
and use of compensatory time shall be provided in Fire Department Standard
Operating Procedure.
4. All other overtime not specified above will be at the straight time rate.
C. Required Uniform
City shall pay the entire cost of providing NBFMA member with each component
of the required NBFD uniform. The required NBFD uniform includes shoes,
5 NBFMA MOU 2014 - 2018
badges and insignias, uniform pants, uniform shirts, uniform jackets and liner,
belts, sweatshirt, and turnout safety clothing. City shall not be responsible for
providing employee with socks, underwear, cap or workout shoes, or other
clothing.
As permissible by law, the City shall report as pensionable compensation the
value of provided uniforms at $1,519 annually in accordance with PERS
requirements. The parties agree the reported value of uniforms is intended to
reflect clothing such as pants, shirts, jackets, and related attire and excludes
health and safety related equipment, including safety boots and turnout gear.
D. Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible
and scholastic/certificate achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFMA member to apply for Scholastic/Certificate
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic/certificate achievement pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
Scholastic/Certificate achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee.
NBFMA member shall receive scholastic achievement pay for degrees awarded
by accredited community colleges, state colleges, or universities in accordance
with the following:
1. Scholastic Achievement
Degree
AA/AS
BABS
Scholastic Pay %
3.5%
5.5%
2. Certificate Pay
Coursework Compensation
Certified Chief Fire Officer 3.0%
Strike Team Leader * $100 per month
* Effective July 1, 2016
6 NBFMA MOU 2014 - 2018
E. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
F. Court Standby Pay
NBFMA members who, pursuant to Subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off -duty, to
remain within a certain response time from court, shall be considered to be on
"court standby time" and shall receive four hours of pay for each eight hours of
court standby time. NBFMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
G. Compaction Adjustment
Effective July 1, 2017, the Battalion Chief salary range will be adjusted by 3.0%
to address compaction between Fire Captain and Battalion Chief.
SECTION 3. - LEAVES
A. Flex Leave
1. NBFMA members shall accrue flex leave as follows. It is mutually understood
that accrual rates have been modified to provide for the longevity increase set
forth below:
Longevity
Years of Accrual Accrual Pay
Con't. Svc Hours/Pay Period Hours/Pay Period Increase
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
Line Employees Staff Employees
9.77
10.69
11.62
12.54
6.97
7.63
8.33
8.95
0.00%
0.00%
0.00%
0.00%
7 NBFMA MOU 2014 - 2018
16 but less than 20
20 but Tess than 25
25 and over
12.54
12.54
12.54
8.95
8.95
8.95
2. The Flex leave program shall be administered as follows:
1.5%
2.5%
3.5%
a. NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months provided, however, if a member on the flex leave
program becomes sick during the first three months of employment,
the City will advance up to three (3) months of accrual for line
employees for use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing three months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced
multiplied by the member's hourly rate of pay.
NBFMA members shall accrue three (3) months of flex leave
immediately upon completing three (3) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first three months of employment.
c. Members may accrue flex leave up to a maximum of fifty-two (52)
times the member's bi-weekly accrual rate. Earned flex leave in
excess of the maximum permitted will be paid bi-weekly at the
member's hourly rate of pay ("Spillover Pay"). NBFMA members
may, at any time, elect to receive pay (at the member's normal
hourly rate) for all accrued flex leave in excess of 72 hours for a line
employees and 40 hours for staff employees. However, NBFMA
members may not elect to buy down accrued Flex Leave below the
current threshold for payment (52 times the member's bi-weekly
accrual rate) unless, during the twelve months preceding the
election, the member has taken at least ninety-six (96) hours of
paid leave if a line employee and eighty (80) hours of paid leave if a
staff employee.
Employees, who have accrued in excess of fifty-two (52) times the
member's bi-weekly accrual, shall accrue no additional time, unless
through use of the time or any authorized cash payment, the
accrued hours decrease to less than fifty-two (52) times the bi-
weekly accrual rate. In no case shall the accrual again exceed fifty-
two (52) times the bi-weekly accrual rate.
8 NBFMA MOU 2014 - 2018
d. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request flex leave in excess of the amount accrued.
e. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
f. Concurrent with the July 1, 2017, 3% compaction salary range
adjustment as stated in Section 2, G, the Longevity Pay incentive
program in Section 3, A, 1 will be eliminated for all members.
B. Telestaff Selection System
The City commits to maintain Telestaff subject to budgetary constraints outlined
in this Section. The City shall, for each fiscal year during the term of this MOU,
adopt a budget which provides for the payment of overtime specifically for the
purpose of implementing Telestaff. The amount to be budgeted shall be
calculated by computing the Vacation/Flex leave time (leave) normally accrued
by each member during a fiscal year (total annual leave) multiplying total annual
leave, by that member's overtime rate of pay (value of leave) and then adding the
value of leave for each NBFMA member. Each member's overtime rate of pay
shall be calculated on the basis of the member's highest anticipated rate of pay
during the upcoming fiscal year. The total "value of leave" for all members shall
be identified in the budget as the "LEAVE COVERAGE FUND."
C. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a
pro-rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are
staff employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSable). Holiday pay shall be paid bi-weekly with the regular
check.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex leave bank.
9 NBFMA MOU 2014 - 2018
D. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family." Staff employees shall be entitled to
five (5) working days of Bereavement Leave per event while Line Employees
shall be entitled to ninety (90) hours of Bereavement Leave per event (terminal
illness followed by death is considered one event). Leave hours need not be
used consecutively, but should occur in proximate time to the occurrence.
Bereavement leave shall be administered in accordance with the provisions of
the Employee Policy Manual. For the purpose of this section immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
wife, husband, child, stepchild, or grandparent, and the employee's
spouse/domestic partner's mother, father, brother, sister, child or grandparent.
The provisions of this Section shall not diminish or reduce any rights a member
may have pursuant to applicable provisions of State or Federal law. An employee
requesting bereavement leave shall notify his/her supervisor as soon as possible
of the need to take leave.
E. Jury Duty
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 hour shift during which the member is required to
attend court and sit on a jury or await assignment.
F. Family Sick Leave
Unit employees shall be entitled to use one-half (1/2) of their annual leave
accrual for an illness of a dependent which requires the presence of the
employee. Leave shall be administered in accordance with the provisions of the
Employee Policy Manual. The provisions of this Section shall not be construed
to affect or reduce the right of any employee to any unpaid family medical leave
authorized by State or Federal law.
G. Worker's Compensation Leave
Any Safety NBFMA employee who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or in the course
of his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
H. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex
Leave, Bereavement Leave and other benefits from the position previously held
to the newly assigned position provided. The ratio for conversion of staff
10 NBFMA MOU 2014 - 2018
employee benefits to line employee benefit shall be 7/5 and the ratio for
converting line employee benefits to staff employee benefits shall be 5/7.
SECTION 4. - FRINGE BENEFITS
A. Medical Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and coverage
options, the cost of those options, appropriate coverage levels and other
health programs. The purpose of the BIC is to provide each employee group
with information about health insurance/programs and to receive timely input
from associations regarding preferred coverage options and levels of
coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
amounts listed below, the City shall contribute the minimum CaIPERS
participating employer's contribution towards medical insurance. Employees
shall have the option of allocating Cafeteria Plan contributions towards the
City's existing medical, dental and vision insurance/programs. The City and
NBFMA will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
The parties recognize that from July 1, 2014 through December 31, 2015,
the City has contributed $1,274 per month (plus the PERS minimum
contribution) toward the Cafeteria Plan.
Effective the pay issue that includes:
January 1, 2016, the City's contribution towards the Cafeteria Plan will
increase by $150.00 to $1,424.00 per month (plus the minimum Ca/PERS
participating employer's contribution).
January 1, 2017, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,624.00 (plus the minimum Ca1PERS participating
employee's contribution).
11 NBFMA MOU 2014 - 2018
On or before July 1, 2017, at the request of either party, the parties shall
meet and confer in good faith to discuss possible changes to the medical
benefit program, or other elements of healthcare services as a result of the
Affordable Care Act (ACA) or changes in law, provided, however, that any
changes to the MOU only may occur by mutual agreement of the parties.
Unit members who do not enroll in any health care plan offered by the City
must provide evidence of health care insurance coverage and execute an
opt out agreement releasing the City from any responsibility or liability to
provide health care insurance coverage, on an annual basis.
Current employees electing to opt -out of City provided medical coverage will
be eligible to receive a maximum Cafeteria Allowance of $1,149 per month.
Effective the first pay issue in January 2016, or as soon thereafter is
practicable following MOU adoption, the opt -out Cafeteria Allowance will be
$1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits information
Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
12 NBFMA MOU 2014 - 2018
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
4. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
C. Retirement Benefits
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS') to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform, the
City has implemented first, second and third tier retirement benefits as
follows:
13 NBFMA MOU 2014 - 2018
Tier 1 ("Legacy"): Employees hired by the City on or before November 23,
2012, the retirement formula shall be 3%@50, calculated on the basis of
the highest consecutive 12 month period selected by the employee.
Tier iI ("Classic"): Employees first hired by the City between November 24
and December 31, 2012, or hired on or after January 1, 2013 and who are
not new members as defined in Government Code Section 7522.04(f), the
retirement formula shall be 2%@50, calculated on the basis of the highest
consecutive 36 month period selected by the employee.
Tier 111 (`PEPRA"): Employees first hired by the City on or after January 1,
2013, who are new members, the retirement formula shall be 2.7%@57
calculated on the basis of the highest consecutive 36 month period
selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to meet
for the purpose of renegotiating employee retirement contributions or other
equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal PERS
Member Contribution shall be made in accordance with Government Code
§20516(f) and calculated on base pay, special pays, and other pays
normally reported as pensionable compensation, and will be made on a
pre-tax basis through payroll deduction, to the extent allowable by the
Internal Revenue Code.
Tiers I and II:
Effective July 1, 2015, Tier I and 11 members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional .75% of pensionable compensation of the Employer
rate, for a total contribution of 9.75%.
Effective January 1, 2016, Tier 1 and 11 members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional 1.5% of pensionable compensation of the Employer
rate, for a total contribution of 10.5%.
Effective January 1, 2017, Tier 1 and 11 members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
14 NBFMA MOU 2014 - 2018
plus an additional 2.25% of pensionable compensation of the Employer
rate, for a total contribution of 11.25%.
Effective January 1, 2018, Tier I and 11 members shall contribute the full
statutory member contribution, equal to 9% of pensionable compensation,
plus an additional 3.0% of pensionable compensation of the Employer
rate, for a total contribution of 12.0%.
Tier 111:
The normal member contribution rate for Tier 111 members is 50% of the
total normal cost and is calculated annually for possible adjustments, as
provided in the PERS valuations. For FY15-16 and FY16-17, the member
contribution is 11.25% and 10.5% of pensionable compensation,
respectively.
Effective the pay period that includes January 1, 2017, Tier Ill members
will contribute the full statutory member contribution equal to 10.5% of
pensionable compensation, plus an additional .75% of pensionable
compensation of the Employer rate for a total contribution of 11.25% of
pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier /11 members
will contribute the full statutory member contribution, plus an additional
percentage of pensionable compensation of the Employer rate to achieve
a total contribution of 12.0%.
3. The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
4. To the extent allowed by PERS, the IRS and other applicable regulatory
agencies and laws, unit members who shall be enrolled in the 2% @ 50
retirement formula or 2.7% @ 57 formula, shall be eligible to participate in
a defined contribution plan to be administered by the City or its designee
in accord with said regulatory agency regulations and laws. The defined
contribution plan shall be funded by allowing each affected employee to
contribute a percentage of base salary each payroll period. The City shall
match any such employee contributions up to a maximum of 1.5% of base
15 NBFMA MOU 2014 - 2018
salary. The employee only contributions shall be deemed fully vested at
the time of its deposit. The employer only matching contribution shall vest
upon a PERS retirement being implemented as follows: 100% - age 55+;
80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51.
D. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees and
(then) existing retirees have been administratively classified into one of four
categories. The benefit is structured differently for each of the categories.
The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2005 was Tess than 50 (46
for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006, whose
age plus years of service was 50 or greater (46 for public safety
employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior to
January 1, 2006, and were participating in the previous retiree
medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings Plan ("RHS",
formerly the MERP plan):
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not taxable to
employees at the time of deposit. Earnings from investment of funds in the
account are not taxable when posted to the account. Benefit payments are
16 NBFMA MOU 2014 - 2018
not taxable when withdrawn, because the plan requires that all distributions
be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on status
as of December 31st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level, except that Safety members
and Non -safety members within an Association may have different levels.
The participation level should be specified as a percentage of the leave
balance on hand in each employee's leave bank at the time of separation
from the City.
For example, if the Association wishes to specify 50% of the leave balance
as the participation level, then each member leaving the City, or cashing out
leave at any other time, would have the cash equivalent of 50% of the
amount that is cashed out added to the RHS, on a pre-tax basis. The
remaining 50% would be paid in cash as taxable income. Individual
employees would not have the option to deviate from this breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However, the
participation level must be the same for all employees within the Association
except that Safety members and Non -safety members within an Association
may have different levels. Additionally, the purpose and focus of these
changes should be toward long-term, trend type adjustments. Due to IRS
restrictions regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward satisfying
the desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C
contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C contributions,
but only to the extent and within all the numeric parameters specified in the
17 NBFMA MOU 2014 - 2018
Employee Policy Manual. Section 11.21 of the Manual contains a schedule,
which specifies the amount of sick leave that can be "cashed out," based on
time of service. The manual also caps the number of hours that can be
"cashed out" at 800, and specifies that sick leave hours are "cashed out" on
a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from vacation/flex
leave participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B and
Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited
to each RHS Employee Account each pay period. Eligibility for Part B
contributions is set at five years of vested City employment. At that time,
the City will credit the first five years' worth of Part B contributions into the
Employee Account (interest does not accrue during that period). Thereafter,
contributions are made bi-weekly. Part C deposits, if any, will be made at
the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is zero.
This right is triggered upon separation. If an employee leaves the City prior
to five years employment, only the Part A contributions and Part C leave
settlement contributions, if any, will be in the RHS Employee Account. Such
an employee will not be entitled to any Part B contributions. The exception
to this is a full-time employee, participating in the program, who leaves the
City due to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of Part B
contributions, using the employee's age and compensation at the time of
separation for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the
Internal Revenue Code Section 213(d) (as explained in IRS Publication
502), and specified in the Plan Document. In accordance with current IRS
regulations and practices, this generally includes premiums for medical
insurance, dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical expenses
not covered by insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502. Qualification
for dependency status will be determined by guidelines in IRC 152. If used
for these purposes, distributions from the RHS accounts will not be taxable.
Cash withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee Account
18 NBFMA MOU 2014 - 2018
after the death of the employee and his or her spouse and/or other
authorized dependents (if any) must be forfeited. That particular RHS
Employee Account will be closed, and any remaining funds will become
general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution towards medical insurance after retirement. The parties also
agree that, for retirees selecting a CaIPERS medical plan, or any other plan
with a similar employer contribution requirement, the required City
contribution will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for those in
Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees
who fully convert to the new plan will also receive a one-time City
contribution to their individual RHS accounts that equates to $100 per
month for every month they contributed to the previous "defined benefit"
plan, to a maximum of 15 years (180 months). This contribution will be
made only if the employee retires from the City and at the time of retirement.
No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the City
prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for those in
Category 2, with the following exception:
For employees in this category, the City will make no Part B contributions
while the employees are still in the active work force. Instead, the City will
contribute $400 per month into each of their RHS accounts after they retire
from the City, to continue as long as the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to the
City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There is no
cash out option for these funds, and they may not be spent in advance of
receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years (180
19 NBFMA MOU 2014 - 2018
months). This contribution will be made to the RHS account at the time of
retirement, and only if the employee retires from the City. No interest will be
earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to the
previous retiree medical program, except that there is no cost share
requirement, and the $400 City contribution after retirement can be used for
any IRS authorized purpose, not just City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each retiree in
this category, and the City will contribute $400 per month to each account
as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be paid by
the City. However, specific vendor charges for individual account transactions
that vary according to the investment actions taken by each employee, such as
fees or commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1% of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
E. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal
year.
1. College Courses
NBFMA 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. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a grade
of "C" or better for undergraduate courses and a grade of "B" or better for
graduate courses. All claims for tuition reimbursement require the approval
of the Human Resources Director.
20 NBFMA MOU 2014 - 2018
2. Non-Colleqe Courses
NBFMA members attending job -related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, parking fees, travel and lodging
expenses.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson investigation,
and critical incident stress management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement
require the approval of the Fire Training Chief before submittal to Human
Resources.
F. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on
an "as needed" basis. NBFMA members shall wear City provided workout
apparel when working out on duty.
SECTION 5. - MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
21 NBFMA MOU 2014 - 2018
1 Definitions
a. "Layoffs" or "Laid off" shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, subject to
the following:
i. Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within
any Series.
c. "Classification" shall mean one full time position identical or similar
in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary
positions. Classifications within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with the
higher ranking Classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another
22 NBFMA MOU 2014 - 2018
position. An employee has the right to "Bump" into only those
positions the employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay-off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by law, the provisions of this Memorandum of Understanding, or City
policy.
4. Re -Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re-employment list
shall remain in effect until exhausted by removal of all names on the list.
In the event a vacant position occurs in the Classification which the
23 NBFMA MOU 2014 - 2018
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re-employment
list shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her past known address. Any
employee shall have the right to refuse to be placed on the re-employment
list or the right to remove his or her name from the re-employment list by
sending written confirmation to the Human Resources Director.
5. Demotion
Permanent and probationary employees who are demoted because of
reduced staffing levels shall be placed on a Department promotional list in
reverse order of demotion. This promotional list shall remain in effect until
exhausted by removal of all names on the list.
6. Severance Pay
Permanent employees who are laid off shall, as of the date of lay-off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach, but in no case to exceed ten (10) weeks of
severance compensation.
C. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression
battalion chief position in the absence of available battalion chiefs.
D. Staff Assignment Schedule
NBFMA members assigned to staff positions shall have the option to work a
5/40, 4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually
agree to the schedule selected prior to it becoming effective. The Fire Chief
retains the right to assign the staff member to a different schedule, or deny the
member's request for a change of schedule, if the Fire Chief determines that the
member is not able to perform their job duties or the operational needs of the
department are not being met. Employees will be given 2 weeks' notice if the Fire
Chief determines a change in schedule is needed in order to minimize disruption
of the member's personal/professional obligations. In addition, occasionally and
at the discretion and approval of the Fire Chief, FLSA exempt employees working
a 4/10 or 9/80 schedule may adjust their regularly scheduled day off if such
change does not disrupt departmental operations.
24 NBFMA MOU 2014 - 2018
E. Consecutive Shifts
Effective concurrent with this 2014-18 MOU, members shall be limited to working
four (4) 24-hour shifts in a row, after which time the employee shall not work
during the next consecutive 24 hour shift. A fifth consecutive shift may be
permitted with Fire Chief or designee approval, based upon operational needs.
Signatures on the following page
25 NBFMA MOU 2014 - 2018
Executed this ' day of January, 2016.
FOR THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
By: i,
Jeff/Boyles, President()
By: : /Z/C"2 27/ c_
n
Brian McDonough, Vide -President
FOR THE CITY OF NEWPO:, BEACH:
ATTEST:
By:
By:
Diane B. Dixon,
eilani Brown, City Clerk
APPROVED AS TO FORM:
By:
ayor
Aaron Harp, City Attorney q111(1 CP
26 NBFMA MOU 2014 - 2018
Side Letter Agreement to the Memoranda of Understanding between the City of
Newport Beach and the Newport Beach City Employees Association, the Newport
Beach Employees League, the Newport Beach Firefighters Association (for non -safety
employees), the Newport Beach Professional and Technical Employees Association,
the Part Time Employees Association of Newport Beach, the Newport Beach Fire
Management Association (for Administrative staff) as well as Unrepresented
Employees
In past years, the City and its employee associations have agreed to close City Hall during
the winter holidays, between Christmas Eve and New Year's Day. The undersigned
Associations and City have jointly agreed to close City Hall and other non -essential facilities
and functions for Fiscal Year 2013/14. Beginning at noon on December 24, 2013 through
January 1, 2014, City Hall and other off -site facilities will be closed to the public. City Hall and
other off -site facilities will reopen on January 2, 2014. Facility closures shall be cost neutral
to the City and will not result in additional paid days/hours off for employees. The City and the
undersigned also agree that staff located at City Hall and other non -essential employees will
only have the option to work during this period if specifically authorized or required to do so
by the Department Director. Emergency Conditions requiring the activation of the Emergency
Operations Center shall render this agreement invalid. The following guidelines will be
applied to the closure:
1. For Regular full-time employees, the City Hall closure will result in a maximum of
3'/2 days that are required for employees to use flexible leave, vacation leave,
administrative leave or compensatory time during the holiday closure (Thursday
12/26, Friday 12/27, Monday 12/30 and half day Tuesday 12/31). Employees on a
9/80 work schedule whose regular day off occurs during the closure will be
required to use 21/4 days of flexible leave, vacation leave, administrative leave or
compensatory time.
2. According to the City's Employee Policy Manual, an employee must be in paid
status to receive holiday pay. Therefore, employees must either work or use
flexible leave, vacation leave, administrative leave or compensatory time the day
before and the day after the holiday to meet this requirement.
3. Employees who have completed their initial probationary period but do not have
any accrued flexible leave, vacation leave, administrative leave or compensatory
time will be required to take leave without pay.
4. All other provisions of the Employee Policy Manual or applicable Memoranda of
Understanding will remain in full force and effect.
This agreement will assist in lowering the City's paid leave liability and provide savings of
utilities and other maintenance costs. This agreement shall not apply to public safety or
essential functions that operate on a 24/7 basis regardless of scheduled holidays designated
by existing MOU's and authorized for unrepresented employee groups. Associations
unaffected by the closure are not required to sign the agreement.
Executed this 1 day of ((11) , 2013.
Side Letter Agreement — Holiday Closure FY2013-14
Page 2
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
Newport each City Employees Association Newport Beach
By: By:
Teresa Craig, PresiAnt
Newport Beach Firefighter's Association
(for Non -safety employees)
Employees League
Chris Auger, President)
The Newport Beach Professional &
Technical Employees Association
By:By:13 22 7, o7 ?,rni�,,
/ B
Brian Mcdonougl ' resident
ueno, President
Key & Management Group (Unrepresented) Part Time Employees Association of
1
Sa(n , evin
(
New • rt Beach Fire Management Association
(for Administrative staff)
By:
Todd Knipp, President
FOR THE CITY OF NEWPORT BEACH:
By:
Keith Curry[Mayor
Appro,Ued as to Fo
Aynron Harp, City Atto by
Newport Beach
By:
Amy M'ajrfield, President
Leilani Brown, City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
The Newport Beach Fire Management Association ("NBFMA"), a
recognized employee organization, and the City of Newport Beach
("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and
other terms and conditions of employment.
2. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of
employment for the period from January 1, 2012 to June 30, 2014 and this
tentative agreement has been embodied in this MOU.
The City acknowledges and appreciates the cooperation of NBFMA during
the meet and confer process leading to the adoption of this 2012-2014
MOU.
This MOU, upon approval by NBFMA and the Newport Beach City
Council, represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of
representation.
SECTION 1. - GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFMA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and conditions
of employment for all employees in those classifications specified in Exhibit "A"
or as appropriately modified in accordance with the Employer/Employee
Resolution. All other classifications and positions not specifically included within
Exhibit "A" are excluded from representation by NBFMA.
Duration of Memorandum
Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
1 NBFMA MOU 2012 - 2014
Scope
considered effective as of January 1, 2012. This MOU shall remain in full
force and effect until June 30, 2014, 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 any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to NBFMA no less than
seven (7) days prior to implementation of the proposed change. If such
proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50 .
Bulletin Boards
Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion, age, sexual orientation, or
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2 NBFMA MOU 2012 - 2014
Material posted and messages sent through electronic mail (E-Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion, age, sexual orientation, or other
statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material. E-Mail may be used for Association
business on a limited basis and consistent with Department Policy.
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 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.
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.
Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such
that NBFMA members suffer no financial detriment by virtue of the decision or
ruling with the manner and form of the compensation to be determined by the
parties after meeting and conferring in good faith.
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
successor resolution.
3 NBFMA MOU 2012 - 2014
Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
The term "staff employee" shall mean any NBFMA member who is
assigned to work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to
work an average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
SECTION 2. - COMPENSATION
A. Salary
Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9% salary differential between the top step of Fire Captain and the bottom
step of the Fire Battalion Chief. Adjustments to the salary of Battalion
Chief shall be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary differentials
listed in Exhibit A.
Salary Adjustments — this MOU Period
a. Effective the pay period following adoption of this 2012-14 MOU, the
salary range for Fire Line Battalion Chief will be increased by .5%.
b. Effective the first payroll period commencing on or after January 1,
2013, there shall be a base salary increase of not less than 1.0%, nor
more than 2%. The precise amount of the increase shall be
determined with reference to the percent increase in the Consumer
Price Index (All Urban Consumers) for the Los Angeles, Riverside,
Orange County areas for the 12 consecutive months ending on
November 30, 2012. If there is either no increase in the CPI or the
increase is less than or equal to 1.0%, the base salary increase shall
be 1.0%. If the increase is greater than 1.0%, the base salary increase
shall be in the same amount, but in no event, greater than 2, 0%.
4 NBFMA MOU 2012 - 2014
c. Effective the first payroll period commencing on or after January 1,
2014, there shall be a base salary increase of not less than 1.0%, nor
more than 2%. The precise amount of the increase shall be
determined with reference to the percent increase in the Consumer
Price Index (All Urban Consumers) for the Los Angeles, Riverside,
Orange County areas for the 12 consecutive months ending on
November 30, 2013. If there is either no increase in the CPI or the
increase is less than 1.0%, the base salary increase shall be If there is
either no increase in the CPI or the increase is less than or equal to
1.0%, the base salary increase shall be 1.0%. If the increase is
greater than 1.0%, the base salary increase shall be in the same
amount, but in no event, greater than 2.0%.
B. Overtime - Hours Worked
1. Except as provided in Section B(2), all approved paid overtime shall be paid
at the straight time rate. The City and Association agree that all unit
classifications are properly exempted from the provisions of the Fair Labor
Standards Act. Overtime payments were decreased from time and one-half
to straight time by agreement of the parties as part of a negotiation which
increased the percentage spread between Battalion Chief and Fire Captain.
The overtime rate shall be taken into account when comparing total
compensation to benchmark positions in other agencies.
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (TY2) 56-hour
rate. The Conditions are:
o The Unit employee is working overtime hours;
o The Strike Team is operating outside of the city limits;
9 The Unit employee is on duty on the Strike Team for more than eight
(8) hours;
o A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
o The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime members may elect to accrue
compensatory time off. Staff personnel may accrue a maximum of 200 hours.
Line personnel may accrue a maximum of 144 hours. Personnel must use all
accrued compensatory time by time of retirement. The provisions for accrual
and use of compensatory time shall be provided in Fire Department Standard
Operating Procedure 7. C.203.
5 NBFMA MOU 2012 - 2014
C. Required Uniform
City shall pay the entire cost of providing NBFMA member with each component
of the required NBFD uniform. The required NBFD uniform includes safety
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and
liner, belts, sweatshirt, base camp hat, and turnout safety clothing. City shall not
be responsible for providing employee with socks, underwear, cap or workout
shoes, or other clothing.
The City will report the value of the required uniform at $1,719.00 to PERS.
The City will provide an adequate number of reserve turnouts at Battalion
Headquarters to allow for proper turnout cleaning/decontamination. This
equipment will be used to temporarily replace an employee's personal turnout
equipment that cannot be placed in service because they are wet, contaminated,
or aged.
Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible
and scholastic/certificate achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFMA member to apply for Scholastic/Certificate
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic/certificate achievement pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
Scholastic/Certificate achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. NBFMA member shall receive scholastic
achievement pay in accordance with the following:
1. Scholastic Achievement Pay
Years of College % of actual step in
Service: Semester/Unit: job class range
2 or more 30 1.5%
3 or more 60 2.5%
5 or more 90 3.5%
5 or more 120 4.5%
5 or more B.A./B.S. 5.5%
6 NBFMA MOU 2012 - 2014
Effective upon adoption of this 2012-2014 MOU, employees having obtained
college units only will be ineligible to receive scholastic achievement pay.
Employees will be eligible to receive the following Scholastic Achievement
Pay:
Years of Service Degree
3 or more AA/AS
5 or more BA/BS
2. Certificate Pay
Coursework
Completion of coursework for
Certified Chief Fire Officer
Bilingual Pay
Scholastic Pay %
3.5%
5.5%
Monthly Compensation
Effective June 21, 2008
increase to 3.0% month
of actual step in job class range
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
F. Court Standby Pay
NBFMA members who, pursuant to Subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off -duty, to
remain within a certain response time from court, shall be considered to be on
"court standby time" and shall receive four hours of pay for each eight hours of
court standby time. NBFMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
7 NBFMA MOU 2012 - 2014
SECTION 3. - LEAVES
A. Flex Leave
1. NBFMA members shall accrue flex leave as follows. It is mutually
understood that accrual rates have been modified to provide for the
longevity increase set forth below:
Years of
Con't. Svc
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Longevity
Accrual Accrual Pay
Hours/Pay Period Hours/Pay Period Increase
Line Employees Staff Employees
9.77
10.69
11.62
12.54
12.54
12.54
12.54
6.97
7.63
8.33
8.95
8.95
8.95
8.95
2. The Flex leave program shall be administered as follows:
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
a. NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of six
(6) months provided, however, if a member on the flex leave
program becomes sick during the first six months of employment,
the City will advance up to six (6) months of accrual for line
employees for use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced
multiplied by the members hourly rate of pay.
b. NBFMA members who are staff employees shall accrue six (6)
months of flex leave and line employees shall accrue six (6) months
of flex leave immediately upon completion of six (6) months
continuous employment with the Newport Beach Fire Department,
provided however, this amount shall be reduced by any flex leave
time advanced during the first six months of employment.
c. Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to
flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in the Employee Policy
Manual. Members entitled to use sick leave pursuant to the
8 NBFMA MOU 2012 - 2014
Employee Policy Manual and who are absent due to illness shall
have their sick leave bank reduced by the duration of the absence
unless the member notifies appropriate department personnel that
the absence should be charged to the member's flex leave account.
d. Effective October 1, 2012, members may accrue flex leave up to a
maximum of fifty-two (52) times the member's bi-weekly accrual
rate. Earned flex leave in excess of the maximum permitted will be
paid bi-weekly at the member's hourly rate of pay ("Spillover Pay').
NBFMA members may, at any time, elect to receive pay (at the
member's normal hourly rate) for all accrued flex leave in excess of
72 hours for a line employees and 40 hours for staff employees.
However, NBFMA members may not elect to buy down accrued
Flex Leave below the current threshold for payment (52 times the
member's bi-weekly accrual rate) unless, during the twelve months
preceding the election, the member has taken at least ninety-six
(96) hours of paid leave if a line employee and eighty (80) hours of
paid leave if a staff employee.
Employees, who have accrued in excess of fifty-two (52) times the
member's bi-weekly accrual, shall accrue no additional time, unless
through use of the time or any authorized cash payment, the
accrued hours decrease to less than fifty-two (52) times the bi-
weekly accrual rate. In no case shall the accrual again exceed fifty-
two (52) times the bi-weekly accrual rate.
e. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request flex leave in excess of the amount accrued.
f. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
B. Telestaff Selection System
The City has implemented Telestaff which phased out the Vacation Selection
System (VSS). The City commits to maintain Telestaff subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year during the
term of this MOU, adopt a budget which provides for the payment of overtime
specifically for the purpose of implementing Telestaff. The amount to be
budgeted shall be calculated by computing the Vacation/Flex leave time (leave)
normally accrued by each member during a fiscal year (total annual leave)
multiplying total annual leave, by that member's overtime rate of pay (value of
leave) and then adding the value of leave for each NBFMA member. Each
member's overtime rate of pay shall be calculated on the basis of the member's
9 NBFMA MOU 2012 - 2014
highest anticipated rate of pay during the upcoming fiscal year. The total "value
of leave" for all members shall be identified in the budget as the "LEAVE
COVERAGE FUND."
C. Vacation/Sick Leave
Administration of the vacation and sick leave program for members who have not
converted to flex leave shall be in accordance with the provisions of the
Employee Personnel Manual of the City of Newport Beach. Line employees shall
accrue sick leave at the rate of twelve hours per month and staff employees shall
accrue sick leave at the rate of eight hours per month.
Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a
pro-rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are
staff employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSable). Holiday pay shall be paid bi-weekly with the regular
check.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex (or vacation) leave bank.
E. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family." Staff employees shall be entitled to
five (5) working days of Bereavement Leave per event while Line Employees
shall be entitled to ninety (90) hours of Bereavement Leave per event.
Bereavement leave shall be administered in accordance with the provisions of
the Employee Policy Manual. For the purpose of this section immediate family
shall mean an employee's father, mother, brother, sister, wife, husband, child, or
grandparent, and the employee's spouse's mother, father, brother, sister, child or
grandparent. The provisions of this Section shall not diminish or reduce any
rights a member may have pursuant to applicable provisions of State or Federal
law.
10 NBFMA MOU 2012 - 2014
Jury Duty
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 hour shift during which the member is required to
attend court and sit on a jury or await assignment.
Family Sick Leave
Unit employees shall be entitled to use one-half (1/2) of their annual sick leave
accrual for an illness of a dependent which requires the presence of the
employee. Leave shall be administered in accordance with the provisions of the
Employee Policy Manual. The provisions of this Section shall not be construed
to affect or reduce the right of any employee to any unpaid family medical leave
authorized by State or Federal law.
Flex Leave Premium Pay Account
Each member shall, upon termination, resignation, retirement or other
separation from service, receive terminal pay at the rate of 100% of their then
current base salary for all accrued Flex Leave to the full extent of the remaining
balance in the Flex Leave Premium Pay Account with any remaining Flex Leave
paid at the then current base salary. The provisions of this section shall apply
only to members employed by the City of Newport Beach on or before June 30,
1994.
Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid, at the rate of 100% of their final base salary for a percentage of the
employees accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED
SICK LEAVE:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave or Staff Employees and the first 1200 hours for Line
employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 100% of their base salary per hour for 450 hours of Sick
Leave - 1200 hours multiplied by .375).
11 NBFMA MOU 2012 - 2014
Vacation Leave Premium Pay Account
Members who are on the traditional Vacation/Sick Leave program as of June 30,
1994 shall be entitled to receive pay, at the rate of 100% of their then current
base salary, for any accumulated Vacation Leave up to a maximum of 52 times
their bi-weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave
Premium Pay Account). The Vacation Leave Premium Pay Account balance
shall be shown on each members regular pay stub. The Vacation Premium Pay
Account balance shall be reduced commensurate with member purchases. Each
member shall, upon termination, resignation, retirement or other separation from
service, receive terminal pay at the rate of 100% of their then current base salary
for all accrued Vacation Leave to the full extent of the remaining balance in the
Vacation Leave Premium Pay Account with any remaining Vacation Leave paid
upon termination at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or before
June 30, 1994.
K. Worker's Compensation Leave
Any Safety NBFMA employee who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or in the course
of his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex
Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from
the position previously held to the newly assigned position provided. The ratio
for conversion of staff employee benefits to line employee benefit shall be 7/5
and the ratio for converting line employee benefits to staff employee benefits
shall be 5/7.
Release Time
The Association will have an account of thirty-six (36) hours per year to be used
for the purposes of educational development of the unit members in employer -
employee relations. The Association shall submit a request to use the release
time to the Fire Chief, and the Fire Chief may grant the request based on current
operational needs.
SECTION 4. - FRINGE BENEFITS
12 NBFMA MOU 2012 - 2014
A. Medical lnsurance
Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage levels
and other health programs. The purpose of the BIC is to provide each
employee group with information about health insurance/programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
City Contribution
The City has implemented an IRS qualified Cafeteria Plan. In addition to
the amounts listed below, the City shall contribute the minimum CaIPERS
participating employer's contribution towards medical insurance.
Employees shall have the option of allocating Cafeteria Plan contributions
towards the City's existing medical, dental and vision insurance/programs.
The City and NBFMA will cooperate in pursuing additional optional
benefits to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective the pay period beginning on or immediately or after:
a January 1, 2012, the City's contribution towards the Cafeteria
Plan will increase to $1,149 (plus the minimum CaIPERS
participating employer's contribution.)
O January 1, 2013, the City's contribution towards the Cafeteria
Plan will increase to $1,174.00 (plus the minimum CaIPERS
participating employee's contribution.)
9 January 1, 2014, the City's contribution towards the Cafeteria
Plan will increase to $1,274.00 (plus the minimum CaIPERS
participating employee's contribution.)
Effective upon the ratification of this agreement, NBFMA members who do
not want to enroll in any health care plan offered by the City must provide
evidence of health care insurance coverage, and execute an opt out
13 NBFMA MOU 2012 - 2014
agreement releasing the City from any responsibility or liability to provide
health care insurance coverage on an annual basis.
Those members participating in the opt -out program shall be permitted to
cash out no more than $1,149.00 monthly.
Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
Additional Health Insurance/Programs
IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
Waiting Period 30 Calendar Days
14 NBFMA MOU 2012 - 2014
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
4. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
C. Retirement Benefits
1. Current Members
a. The City provides the Public Employees' Retirement System
retirement formula of 3% at 50.
b. Effective the first payroll period following adoption of this MOU, the
April 13, 2010 Supplemental Memorandum of Understanding
SECTION 4 FRINGE BENEFITS shall be modified to reflect that
the 3.5% payroll deduction made by all unit employees as regards
funding of retirement, shall continue in said amount but shall be
made pursuant to Government Code § 20691.
c. Effective the first payroll period commencing on and after January
1, 2013, unit members shall pay 7% of compensation as and for the
individual member's normal employee PERS contributions required
to be paid to PERS. Said payment shall be made pursuant to
Government Code § 20691.
d. Effective the first payroll period commencing on and after July 1,
2013, unit members shall pay 9% of compensation as and for the
15 NBFMA MOU 2012 - 2014
individual member's normal employee PERS contributions required
to be paid to PERS. Said payment shall be made pursuant to
Government Code § 20691.
The City's contract with PERS shall also provide for:
a. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
b. The Level 4 1959 Survivors Benefits.
c. The pre -retirement option settlement 2 death benefit
(Section 21548).
To the extent during the term of this Memorandum of Understanding, that
the City pays a portion of the normal PERS contributions of members, said
payments shall be reported to PERS as special compensation as is
authorized by Government Code §2O636(c)(4),
Payment by any unit member of the individual member's normal employee
PERS contributions required to be paid by PERS, shall not be reported to
PERS as special compensation as was authorized by Government Code §
20636(c)(4) or by any other authority.
4. New Hires — 2"d Tier. All employees hired into an NBFMA classification
(a) from an outside agency; or (b) from the City of Newport Beach Fire
Department who is a 2% at 50 member shall, following City Council
adoption of this 2012-2014 Memorandum of Understanding and
implementation of the necessary PERS contract amendments, be subject
to the following retirement benefits.
a. The 2% at 50 retirement formula with the retiree's annuity being
calculated based upon the employee's highest average annual
compensation eamable during any period of three consecutive
years of employment during membership in CaIPERS.
b. All such hires shall pay 100% of the statutorily mandated employee
PERS contribution.
c. Unless specifically modified herein, said newly hired employees
shall be subject to other then -existing City-PERS contract
provisions.
d. To the extent allowed by PERS, the IRS and other applicable
regulatory agencies and laws, unit members who shall be enrolled
16 NBFMA MOU 2012 - 2014
in the 2% at 50 retirement formula, shall be eligible to participate in
a defined contribution plan to be administered by the City or its
designee in accord with said regulatory agency regulations and
laws. The defined contribution plan shall be funded by allowing
each affected employee to contribute a percentage of base salary
each payroll period. The City shall match any such employee
contributions up to a maximum of 1.5% of base salary. The
employee only contributions shall be deemed fully vested at the
time of its deposit. The employer only matching contribution shall
vest upon a PERS retirement being implemented as follows: 100%
- age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age
51
In the event that the City in its sole judgment determines that
implementation of this defined contribution plan is (or will be) invalid
or otherwise unlawful, the parties shall reopen the meet and confer
process only as to the issue of a replacement for the defined
contribution plan, with neither party being obligated to reach
agreement as to a replacement benefit
Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution"
program. The process of fully converting to the new program will be ongoing for
an extended period. During the transition, employees and (then) existing retirees
have been administratively classified into one of four categories. The benefit is
structured differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2005 was less than 50 (46 for
public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006, whose
age plus years of service was 50 or greater (46 for public safety
employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior to
January 1, 2006, and were participating in the previous retiree medical
program.
17 NBFMA MOU 2012 - 2014
2. Program Structure
This is an Integral Part Trust (IPT) Medical Expense Reimbursement Program
Plan (MERP).
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual MERP account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not taxable to
employees at the time of deposit. Earnings from investment of funds in the
account are not taxable when posted to the account. Benefit payments are
not taxable when withdrawn, because the plan requires that all distributions
be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on status
as of December 31st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level, except that Safety members
and Non -safety members within an Association may have different levels.
The participation level should be specified as a percentage of the leave
balance on hand in each employee's leave bank at the time of separation
from the City.
For example, if the Association wishes to specify 50% of the leave balance
as the participation level, then each member leaving the City, or cashing out
leave at any other time, would have the cash equivalent of 50% of the
amount that is cashed out added to the MERP, on a pre-tax basis. The
remaining 50% would be paid in cash as taxable income. Individual
employees would not have the option to deviate from this breakout.
The Association has decided to participate in Part C contributions at the
level of 100% Flex, 0% Sick, and 0% comp time. This amount may be
changed, on a go forward basis, as part of a future meet and confer
process. However, the participation level must be the same for all
18 NBFMA MOU 2012 -2014
employees within the Association except that Safety members and Non -
safety members within an Association may have different levels.
Additionally, the purpose and focus of these changes should be toward
long-term, trend type adjustments. Due to IRS restrictions regarding
"constructive receipt," the City will impose restrictions against frequent
spikes or drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the MERP Part C contributions,
but only to the extent and within all the numeric parameters specified in the
Employee Policy Manual. Section 11.21 of the Manual contains a schedule,
which specifies the amount of sick leave that can be "cashed out," based on
time of service. The manual also caps the number of hours that can be
"cashed out" at 800, and specifies that sick leave hours are "cashed out" on
a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from vacation/flex
leave participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B and
Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited
to each MERP Employee Account each pay period. Eligibility for Part B
contributions is set at five years of vested City employment. At that time,
the City will credit the first five years worth of Part B contributions into the
Employee Account (interest does not accrue during that period). Thereafter,
contributions are made bi-weekly. Part C deposits, if any, will be made at
the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is zero.
This right is triggered upon separation. If an employee leaves the City prior
to five years employment, only the Part A contributions and Part C leave
settlement contributions, if any, will be in the MERP Employee Account.
Such an employee will not be entitled to any Part B contributions. The
exception to this is a full-time employee, participating in the program, who
leaves the City due to industrial disability during the first five years of
employment. In such cases, the employee will receive exactly five years
worth of Part B contributions, using the employee's age and compensation
at the time of separation for calculation purposes. This amount will be
deposited into the employee's MERP account at the time of separation.
19 NBFMA MOU 2012 - 2014
Distributions from MERP Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the
Internal Revenue Code Section 213(d) (as explained in IRS Publication
502), and specified in the Plan Document. In accordance with current IRS
regulations and practices, this generally includes premiums for medical
insurance, dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical expenses
not covered by insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502. Qualification
for dependency status will be determined by guidelines in IRC 152. If used
for these purposes, distributions from the MERP accounts will not be
taxable. Cash withdrawal for any other purpose is prohibited. Under recent
IRS Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or other
authorized dependents (if any) must be forfeited. That particular MERP
Employee Account will be closed, and any remaining funds will become
general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution towards medical insurance after retirement. The parties also
agree that, for retirees selecting a CaIPERS medical plan, or any other plan
with a similar employer contribution requirement, the required City
contribution will be withdrawn from the retiree's MERP account.
b. For employees in Category 2, the program is the same as for those in
Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees
who fully convert to the new plan will also receive a one-time City
contribution to their individual MERP accounts that equates to $100 per
month for every month they contributed to the previous "defined benefit"
plan, to a maximum of 15 years (180 months). This contribution will be
made only if the employee retires from the City and at the time of retirement.
No interest will be earned in the interim.
Employees in Category 2 who had less than five years service with the City
prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for those in
Category 2 with the following exception:
20 NBFMA MOU 2012 - 2014
For employees in this category, the City will make no Part B contributions
while the employees are still in the active work force. Instead, the City will
contribute $400 per month into each of their MERP accounts after they
retire from the City, to continue as long as the employee or spouse is still
living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to the
City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There is no
cash out option for these funds, and they may not be spent in advance of
receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years (180
months). This contribution will be made to the MERP account at the time of
retirement, and only if the employee retires from the City. No interest will be
earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to the
previous retiree medical program, except that there is no cost share
requirement, and the $400 City contribution after retirement can be used for
any IRS authorized purpose, not just City insurance premiums.
Effective July 1, 2006, a MERP account has been opened for each retiree in
this category, and the City will contribute $400 per month to each account
as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1 % of salary on which PERS retirement is based (Part
A); plus .25% of other compensation (Part B).
21 NBFMA MOU 2012 - 2014
E. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,500 per fiscal
year.
College Courses
NBFMA 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. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a grade
of "C" or better for undergraduate courses and a grade of "B" or better for
graduate courses. All claims for tuition reimbursement require the approval
of the Human Resources Director.
Non -College Courses
NBFMA members attending job -related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, parking fees, travel and lodging
expenses.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson investigation,
and critical incident stress management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement
require the approval of the Fire Training Division Chief before submittal to
Human Resources.
Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
22 NBFMA MOU 2012 - 2014
G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member, to be replaced on
an "as needed" basis. Workout apparel shall consist of three workout shirts and
two trunks. NBFMA members shall wear City provided workout apparel when
working out on duty.
SECTION 5. - MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
"Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, subject to
the following:
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within
any Series.
c. "Classification" shall mean one full time position identical or similar
in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary
23 NBFMA MOU 2012 - 2014
positions. Classifications within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
"Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with the
higher ranking Classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a Less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those
positions the employee has previously held with the Department.
Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
24 NBFMA MOU 2012 - 2014
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
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 law, the provisions of this Memorandum of Understanding, or City
policy.
Re -Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re-employment list
shall remain in effect until exhausted by removal of all names on the list.
In the event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re-employment
list shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her past known address. Any
employee shall have the right to refuse to be placed on the re-employment
list or the right to remove his or her name from the re-employment list by
sending written confirmation to the Human Resources Director.
5. Demotion
Permanent and probationary employees who are demoted because of
reduced staffing levels shall be placed on a Department promotional list in
reverse order of demotion. This promotional list shall remain in effect until
exhausted by removal of all names on the list.
Severance Pay
Permanent employees who are laid off shall, as of the date of lay-off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach, but in no case to exceed ten (10) weeks of
severance compensation.
25 NBFMA MOU 2012 - 2014
Discipline Plan
Employees of this Association are exempt from disciplinary leave of less than five
(5) days.
Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression
battalion chief position in the absence of available battalion chiefs.
Staff Assignment Schedule
NBFMA members assigned to staff positions shall have the option to work a
5/40, 4/10 or 9/80 schedule; the staff member and the Fire Chief must mutually
agree to the schedule selected prior to it becoming effective. The Fire Chief
retains the right to assign the staff member to a different schedule, or deny the
member's request for a change of schedule, if the Fire Chief determines that the
member is not able to perform their job duties or the operational needs of the
department are not being met. Employees will be given 2 weeks' notice if the Fire
Chief determines a change in schedule is needed in order to minimize disruption
of the member's personal/professional obligations. In addition, occasionally and
at the discretion and approval of the Fire Chief, FLSA exempt employees working
a 4/10 or 9/80 schedule may adjust their regularly scheduled day off if such
change does not disrupt departmental operations.
Dues Checkoff
NBFMA members shall have the right to authorize the City to deduct regular
monthly NBFMA dues from their bi-weekly paycheck. The City shall deduct
payment of NBFMA dues when the employee has authorized such deduction and
City shall remit all payments to NBFMA in accordance with the terms of each
member's authorization.
Signatures on the following page
26 NBFMA MOU 2012 - 2014
Executed this II day of August, 2012.
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION (NBFMA)
By C4
By:
Chip Duncan, President, NBFMA
eff Boyles, Vice rP)esident, NBFMA
CITY OF NEWPORT BEACH
ATTEST:
By:
Nancy Ga-• er, ayor
Leilani Brown, City Clerk
APPROVED AS TO FORM:
By:-- c-'-1.--_._
Aaron Harp, City Attorney
27 NBFMA MOU 2012 - 2014
EXHIBIT A
FIRE MANAGEMENT ASSOCIATION
REPRESENTED CLASSIFICATIONS
Class
Code Classification Compensation
F315 Fire Line Battalion Chief Section 2 (A) (1)
FXXX Staff (Training) Battalion Chief F315 + 7.5%
F305 Fire Division Chief F315 + 12.5%
F306 Fire Line Division Chief F315 + 12.5%
28 NBFMA MOU 2012 - 2014
AMENDMENT TO 2008-2011 SUPPLEMENTAL MEMORANDUM OF
UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH
AND THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
WHEREAS, the 2008-2011 Supplemental Memorandum of Understanding
between representatives of the City of Newport Beach and the Newport Beach Fire
Management Association, Section 4 FRINGE BENEFITS (D) THE RETIREMENT
BENEFIT (3) provides in part that, "Effective November 6, 2010, all safety unit
employees hired into the unit July 31, 2010 or later will contribute 3.5% of base pay
towards retirement costs. Employees hired into the unit prior to July 31, 2010 will pay
5.0%, also effective November 6, 2010. Both of these payments will continue through
December 31, 2011."; and
WHEREAS, representatives of the City and the Newport Beach Fire Management
Association are in the process of negotiating a successor to the 2008-2011 Memorandum
of Understanding; and
WHEREAS, said meet and confer process is not likely to conclude on or before
December 31, 2011;
NOW THEREFORE, subject to a modification to Section 4(D)(3) which will now
require that all unit members will now contribute 3.5% of base pay towards retirement
costs, representatives of the City and the Newport Beach Fire Management Association
agree that all provisions in Section 4(D)(3) of the 2008-2011 Supplemental Memorandum
of Understanding shall remain in full force and effect through and including the date
upon which either the City Council adopts a Memorandum of Understanding that is a
successor to the 2008-2011 MOU, or in the case of an impasse existing regarding
negotiation of said successor MOU, all available and/or required impasse proceedings
have been exhausted, whichever event occurs first.
IT IS AGREED:
By: Chip Duncan
President, Newport Beach
Fire Management Association
City of Newpo h
By: Nancy Ga dner, Mayor
Date
Date
zit VI/
1/ill/v
Page 1 of 2
553974.2 NE020-027
I- II.12-
By: Leilani Brown, City Clerk Date
APP OVED AS TO FO
By: Aaron Harp, City Alll ftorney
(2-2_1- If
Date
Page 2 of 2
553974.2 NE020-027
Side Letter to the Memoranda of Understanding between the City of Newport Beach and
Several Newport Beach Employee Associations as well as Unrepresented Employees
Since 2009 the City and its employee associations agreed upon the closure of the City Hall
complex during the Christmas and New Year's Holiday period. The Newport Beach employee
associations and the unrepresented group listed below acknowledge the need for the City to
reduce expenditures and the City's leave accrual liability.
The undersigned Associations and City jointly agree to close the City Hall complex and other non-
essential facilities and functions between the Christmas and New Year's Holiday period
(December 24, 2011 through January 2, 2012). Facility closures shall be cost neutral to the City
and will not result in additional paid days/hours off. The City and the undersigned also agree that
staff located at the City Hall complex and other non -essential employees will not have the option
to work during this period, unless specifically requested by Department Directors and exclusively
authorized by the City Manager or designee. Emergency Conditions requiring the activation of the
Emergency Operations Center shall render this agreement invalid. The following guidelines will
be applied to the closure:
1. Both Christmas Eve and New Year's Eve fall on a Saturday in 2011. Per applicable
Memoranda of Understanding, the City provides half -day holidays (4 hours each) for
Christmas Eve and New Year's Eve, which would otherwise be observed on December
23 and December 30 respectively. Under this agreement only, the two half -day
holidays will be combined into one paid 8-hour holiday and observed on Friday,
December 30. In conjunction, the City Hall complex will be open a full day on Friday,
December 23, 2011.
2. Christmas Day and New Year's Day fall on a Sunday in 2011. As provided for in the
current Memoranda of Understanding, the holiday will be observed the following
Monday. Christmas Day will be observed on December 26, 2011 and New Year's Day
will be observed on January 2, 2012. This results in only 3 full days (12/27, 12/28, and
12/29) that are required for employees to use Flex Leave during holiday closure. This
is a one-time exception of the existing designated holiday schedule outlined in the
current Memoranda of Understanding for each Association.
3. According to the City's Employee Policy Manual, an employee must be in paid status
in order to receive holiday pay. Therefore, employees must either work or use flexible
leave, vacation leave, administrative leave or compensatory time the day before and
the day after the holiday in order to meet this requirement. The only day employees
would be eligible to take leave w/out pay and still receive holiday pay would be
Wednesday, December 28.
4. Employees who have completed their initial probationary period but do not have any
accrued flexible leave, vacation leave, administrative leave or compensatory time will
be required to take leave without pay.
5. Employees on a flexible schedule whose regularly scheduled day off is Friday,
December 30, will take their regularly scheduled day off and bank the 8 hours of
holiday pay to their Comp or Flex Leave Bank.
Side Letter Agreement - Holiday Closure FY2011-12
Page 2
This agreement will help lower the liability on the City's books for leave balances and provide
savings of utilities and other maintenance costs for fiscal year 2011-2012. This agreement shall
not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of
scheduled holidays designated by existing MOU's and authorized for unrepresented employee
groups. Any questions or requests for information shall be addressed to the Human Resources
Department.
Executed this '"I day of
GLSt 2011.
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
City Employees' Association
By:
Teresa Craig, President
Firefighter's Association
By: -6 71i 7
Brian McDonouci$. President
Fire Management Association
By: C-
Charles Duncan, President
Key & Management Employees
By:
Mike Pisani
Police Management Association
By:
Steve Rasmussen, President
Approved
David 'IFLr1t?, City Attorney
Newport Beach Employees' League
BY: 0G
Chris Auger, Preside
Lifeguard Magna ement Association
By: /F1Brent Jacob n, President
Profess'onal & Technical Employees' Assoc.
By:
i, President
!m4-rrdt sbo eS
PoliceAssociation
By: A�ct„n,�
David Syvoc , Pr ident
FOR THE CITY OF NEWPORT BEACH:
By: Ct.
Da iff, City Manager
Leilani Brown, City Clerk
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This Supplemental Memorandum of Understanding modifies the Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Fire
Management Association for the period of January 1, 2008 to December 31, 2010.
Upon the signing of this Supplemental Memorandum, the 2008-2010 MOU is modified
to incorporate these changes.
SECTION 1. GENERAL PROVISIONS
B. Duration of Memorandum — Amend to read:
1. Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of January 1, 2008. This MOU shall
remain in full force and effect until December 31, 2011, 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 parties agree that, NBFMA will submit preliminary requests for
changes in wages, fringe benefits and other terms and conditions of
employment not less than 90 days prior to expiration of the MOU,
and that the parties will begin negotiations promptly, with the
objective of reaching an agreement by December 31, 2011.
SECTION 4. FRINGE BENEFITS
D. The Retirement Benefit — Amend to read:
1. Pursuant to Section 20691 of the California Government Code, the
City shall pay to PERS, on behalf of all safety employees covered
by this agreement and hired before November 23, 2010, (or the
effective date of the change in the newly hired employees
contribution, whichever is later) the entire required normal "safety
member" retirement contribution, but not to exceed 9% of the
compensation earnable which PERS uses ,to calculate retirement
contributions and benefits. For safety employees hired into the City
after November 23, 2010 (or as soon thereafter as possible based
on PERS approval), the City will pay 3.5% of the member
contribution. Such employees will be eligible to receive the 9% the
beginning of their 6th year of uninterrupted service. In addition, the
Page 1 of 3
amount of the City payment of member contributions (EPMC) shall
be reported to PERS as special compensation, which is part of the
employee's compensation earnable, pursuant to the provisions of
Section 20636 (c)(4) of the California Government Code, as
amended effective July 1, 1994. This payment shall be credited to
the employees' accounts maintained by PERS in accordance with
Section 20691 of the California Government Code. NBFMA
acknowledges that the City is making this payment pursuant to a
specific request of NBFMA to do so.
The City's contract with PERS shall also provide for:
a. A 3% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military service credit as public service pursuant to
Section 21024 of the California Government Code and the
highest year benefit pursuant to Section 20042.
c. The Level 4 1959 Survivors Benefits.
d. Pre -retirement option settlement 2 death benefit pursuant to
Section 21548.
3. Effective November 6, 2010, all safety unit employees hired into the
unit July 31, 2010 or later will contribute 3.5% of base pay towards
retirement costs. Employees hired into the unit prior to July 31,
2010 will pay 5.0%, also effective November 6, 2010. Both of these
payments will continue through December 31, 2011. These
payments will be made on a pre-tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not
affect the reporting of the 9% EPMC for employees hired before
November 23, 2010 (Section 20636)(c)(4) of the California
Government Code.
NEW SEC. TRIAL 48/96 SCHEDULE
The Fire Department has implemented a trial 48/96 schedule. The
schedule may be canceled by the Department, at its discretion.
Except as provided herein, the Memorandum of Understanding between the City and
the Newport Beach Fire Management Association remains in full force and effect.
Signatures are on the next page.
Page 2 of 3
Executed this day of , 2010:
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
By:
Chip Duncan, Presi
By:
CITY OF NEWPORT BEACH
BY:
Keith D. Curry, Mayor
Leilani Brown, City Clerk
APPROVED AS TO FORM:
ttorney
oyles, Nego iator
Page 3 of 3
eVN
Side Letter to the Memoranda of Understanding between the City of Newport Beach
and the Several Newport Beach Employee Associations and Unrepresented
Employee Group
In 2009, the City and its Employee Associations agreed upon the closure of the Civic Center complex
during the Christmas and New Year's Holiday period. To support the City's ongoing efforts to meet its
fiscal, managerial and operational goals, the Newport Beach Employee Associations and
Unrepresented Group representatives listed below acknowledge the need for the City to reduce
expenditures and the City's liability during Fiscal Year 2010-2011.
The undersigned Associations and the City jointly agree to the closure of the Civic Center complex
and other non -essential facilities and functions between the Christmas and New Year's Holiday period
(December 24, 2010 through December 31, 2010). Facility shutdowns, including the Civic Center
complex, shall be cost neutral to the City and will not result in additional paid days/hours off. The City
and the undersigned also agree that the Civic Center complex and other non -essential employees will
not have the option to work during this period, unless specifically requested by Department Directors
and exclusively authorized by the City Manager, or designee. Emergency conditions requiring the
activation of the Emergency Operations Center shall render this agreement invalid. The following
guidelines will be applied to the closure:
1. Due to the holidays of Christmas and New Year's Day falling on Saturday, employees will
work a full day on Thursday, December 23 and roll the designated 1/2 paid holiday from
December 23 to Thursday, December 30, in order to make one complete paid holiday (8
hours). This results in only 3 full days (12/27, 12/28, and 12/29) that are required for
employees to take off during the holiday closure. This is a one-time exception of the
existing designated holiday schedule outlined in the current Memoranda of Understanding
for each Association.
2. According to the City's Employee Policy Manual, an employee must be in paid status in
order to receive holiday pay. Therefore, employees must use flexible leave, vacation leave,
administrative leave or compensatory time the day before and the day after the holiday in
order to meet this requirement. The only day employees will be eligible to take leave
without pay and still receive holiday pay will be Tuesday, December 28.
3. Employees who have completed their initial probationary period, but do not have any
accrued flexible leave, vacation leave, administrative leave or compensatory time will be
required to take leave without pay.
4. Employees on a flexible schedule whose regularly scheduled day off falls between
December 24, 2010 and December 31, 2010 will take their regularly scheduled day off.
Employees in this category will only be required to take flexible leave, vacation leave,
administrative leave or compensatory time for the alternate day they are scheduled to
work.
This agreement will help lower the liability on the City's books for leave balances and will provide for
some savings in utilities and other maintenance costs for Fiscal Year 2010-2011. This agreement
shall not apply to Public Safety personnel or essential functions that operate on a 24/7 basis,
regardless of scheduled holidays designated by existing MOU's and authorized for unrepresented
employee groups. Any questions or requests for information shall be addressed to the Human
Resources Department.
Signatures are on the next page.
Executed this day of 2010
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
CITY EMPLOYEES LEAGUE EMPLOYEES
By: catp,ocLaf
Teresa Craig, President
By:
FIREFIGHTERS ASSOCIATION LIFEGUARD MANAGEMENT
By: %l1`G 7G ` /7,•,
Brian McDinough, President
By:
Brent Jacobsen, 're dent
FIRE MANAGEMENT PROFESSIONAL AND TECHNICAL
By: C ✓ By:
Charles Duncan, Vice - President Russell Bunim, President
KEY & MANAGE ENT EMPLOYEES
By:
Mike Pisani
POLICE MANAGEMENT
By:
Mark Harr(iltbn, President
CITY OF NEWPORT BEACH
By: L
Dav Kiff, City Manager
POLICE
By:
David Syvoc Pr= ident
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
David R. Hunt, City At
EXHIBIT A
Side Letter to the Memoranda of Understanding between the City of Newport
Beach and the Several Newport Beach Employees Associations as well as
Unrepresented Employee Groups
In the spirit of unity and to support the City's ongoing efforts to meet its fiscal,
managerial, and operational goals, the Newport Beach Employees Associations and
Unrepresented Group representatives listed below acknowledge the need for the City to
reduce expenditures and the City's liability during the Fiscal Year 2009-2010. The City
has shared its budget challenges in an open manner and is hopeful that the resolution
to the problem will be a collaborative effort.
To that end, the undersigned Associations and the City jointly agree to the closure, of
City Hall and other non -essential facilities and functions between the Christmas and
New Year's Holiday period (December 24, 2009 at 12:00 noon through and including
January 1, 2010). Facility shutdowns, including City Hall, shall be cost neutral to the City
and will not result in additional paid days/hours off. The City and the undersigned also
agree that City Hall and other non -essential employees will not be given the option to
work during this period, unless specifically requested by Department Directors and
authorized by the City Manager. Emergency conditions requiring the activation of the
Emergency Operations Center shall render this agreement invalid. The following
guidelines will be applied to the closure:
1. Employees will be required to take flexible leave, vacation leave, administrative
leave or compensatory time for the hours that they are scheduled to work from
December 26, 2 009 through December 31, 2009. Scheduled paid holidays
designated in existing Memoranda of Understanding (MOU) and authorized for
unrepresented employee groups will not be affected.
2. Employees in their initial probationary period may choose to be advanced the
leave time from their flexible leave bank for each day they are scheduled to work.
3. Employees who have completed their initial probationary period but do not have
any accrued flexible leave, vacation leave, administrative leave or compensatory
time will be required to take leave without pay.
4. Employees on a flexible schedule whose regularly scheduled day off falls
between December 25, 2009 and January 1, 2010 would take their regularly
scheduled day off. Employees in this category would only be required to take
flexible leave, vacation leave, administrative leave or compensatory time for the
alternate day they are scheduled to work.
The goal of this current furlough is to lower the liability on the books for leaves taken,
result in savings of utilities and other maintenance costs for fiscal year 2009/2010. This
agreement shall not apply to Public Safety or essential functions that operate on a 24/7
basis regardless of scheduled holidays designated by existing MOU's and authorized
for unrepresented employee groups.
Signatures are on the next page.
Executed this day of , 2009
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
CITY EMPLOYEES
By: -•=4—
Teresa Craig, Presi
FIREFIGHTERS ASSOCIATION 7 (10
By: RS�l
Chad Ponegalek, President
FIREgc%A,tNAGEMENT
Z`�
NT''li
By:
Dave Mais, President
KEY &ANAGEMENT EMPLOYEESSO
By:
Susan Giangrande or Mike Pisani
CITY OF NEWPORT BEACH:
By:
DaJe.Kiff, City Man er
0
LEAGUE P OYEES '
By:
Dusti Burnside. resident
LIFEGUARD MANAGEMENT Y^`
By:
rent Jaj'bsen, President
PROFESSIONAL AND TECHNICAL Zoe
By: /`d.�� �/l/✓
Michael Wojciechowski, President
POLICE EMPLOYEES Zb's
By:
�i
David Syvock, r sident
POLICE MANAGEMENT 2s1 Z
By:
om Gazsi, President
C- ?114-ft
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA"), a
recognized employee organization, and the City of Newport Beach
("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and
other terms and conditions of employment.
2. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of
employment for the period from January 1, 2008 to December 31, 2010
and this tentative agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA during
the meet and confer process leading to the adoption of the 2005-2007
MOU and this 2008-2010 MOU.
4. This MOU, upon approval by NBFMA and the Newport Beach City
Council, represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of
representation.
SECTION 1. - GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFMA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and conditions
of employment for all employees in those classifications specified in Exhibit "A"
or as appropriately modified in accordance with the Employer/Employee
Resolution. All other classifications and positions not specifically included within
Exhibit "A" are excluded from representation by NBFMA.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2008. This MOU shall remain in full
force and effect until December 31, 2010, and the provisions of this MOU
shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to NBFMA no less than
seven (7) days prior to implementation of the proposed change. If such
proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50 .
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
2
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material. E-
Mail may be used for Association business on a limited basis and
consistent with Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
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 provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such
that NBFMA members suffer no financial detriment by virtue of the decision or
ruling with the manner and form of the compensation to be determined by the
parties after meeting and conferring in good faith.
3
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
successor resolution.
Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is
assigned to work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to
work an average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
SECTION 2. - COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9% salary differential between the top step of Fire Captain and the bottom
step of the Fire Battalion Chief. Adjustments to the salary of Battalion
Chief shall be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary differentials
listed below.
Classification Percent of Battalion Chief Top Step
Fire Line Battalion Chief N/A
Fire Division Chief 112.5%
Fire Deputy Chief 118%
Fire Marshal 112.5%
4
2. Salary Adjustments
a. Effective December 22, 2007, the City shall increase base salary
for the Battalion Chief classification by two percent (2%) (with
increases for other classifications pursuant to the matrix below).
Effective June 21, 2008, the City shall increase base salary for the
Battalion Chief classification by two percent (2%) (with increases
for other classifications pursuant to the matrix above).
c. Effective December 20, 2008, the City shall increase base salary for
the Battalion Chief classification by three and one -quarter percent
(3.25%) (with increases for other classifications pursuant to the
matrix above).
d. Effective December 19, 2009, the City shall increase base salary for
the Battalion Chief classification by three and one-half percent
(3.5%) (with increases for other classifications pursuant to the
matrix above).
B. Overtime - Hours Worked
1. Except as provided in Section B(2), all approved paid overtime shall be paid
at the straight time rate. The City and Association agree that all unit
classifications are properly exempted from the provisions of the Fair Labor
Standards Act. Overtime payments were decreased from time and one-half
to straight time by agreement of the parties as part of a negotiation which
increased the percentage spread between Battalion Chief and Fire Captain.
The overtime rate shall be taken into account when comparing total
compensation to benchmark positions in other agencies.
2. Strike Team Actions. In the event that a Unit employee is assigned to provide
fire suppression services as part of a regional, state, or federal strike team
organized by State or Federal officials and when all of the below Conditions
exist, that Unit employee shall be paid at the time and one-half (T%) 56-hour
rate. The Conditions are:
• The Unit employee is working overtime hours;
• The Strike Team is operating outside of the city limits;
• The Unit employee is on duty on the Strike Team for more than eight
(8) hours;
• A disaster declaration has been approved by the State or Federal
government for the fire suppression action; and
5
• The costs for these overtime hours are specifically authorized for
reimbursement by the state or federal government.
3. Compensatory Time. In lieu of overtime members may elect to accrue
compensatory time off. Staff personnel may accrue a maximum of 200 hours.
Line personnel may accrue a maximum of 144 hours. Personnel must use all
accrued compensatory time by time of retirement.
Required Uniform
City shall pay the entire cost of providing NBFMA member with each component
of the required NBFD uniform. The required NBFD uniform includes safety
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and
liner, belts, sweatshirt, base camp hat, and turnout safety clothing. City shall not
be responsible for providing employee with socks, underwear, cap or workout
shoes, or other clothing.
The City will report the value of the required uniform at $1,719.00 to PERS.
The City will provide an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. This equipment will be used
to temporarily replace an employee's personal turnout equipment that cannot be
placed in service because they are wet, contaminated, or aged.
D. Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible
and scholastic/certificate achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFMA member to apply for Scholastic/Certificate
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic/certificate achievement pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
Scholastic/Certificate achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. NBFMA member shall receive scholastic
achievement pay in accordance with the following:
6
1. Scholastic Achievement Pay
Years of College % of actual step in
Service: Semester/Unit: lob class range
2 or more 30 1.5%
3 or more 60 2.5%
5 or more 90 3.5%
5 or more 120 4.5%
5 or more B.A./B.S. 5.5%
2. Certificate Pay
Coursework
Completion of coursework for
Certified Chief Fire Officer
E. Bilingual Pay
Monthly Compensation
Effective June 2, 2008
increase to 3.0% month
of actual step in job class range
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level in
speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
F. Court Standby Pay
NBFMA members who, pursuant to Subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off -duty, to
remain within a certain response time from court, shall be considered to be on
"court standby time" and shall receive four hours of pay for each eight hours of
court standby time. NBFMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
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SECTION 3. - LEAVES
A. Flex Leave
1. Effective December 22, 2007, NBFMA members shall accrue flex leave
as follows. It is mutually understood that accrual rates have been modified
to provide for the longevity increase set forth below:
Longevity
Years of Accrual Accrual Pay
Con't. Svc Hours/Pav Period Hours/Pay Period Increase
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Line Employees Staff Employees
9.77
10.69
11.62
12.54
12.54
12.54
12.54
6.97
7.63
8.33
8.95
8.95
8.95
8.95
2. The Flex leave program shall be administered as follows:
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
a. NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of six
(6) months provided, however, if a member on the flex leave
program becomes sick during the first six months of employment,
the City will advance up to six (6) months of accrual for line
employees for use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced
multiplied by the member's hourly rate of pay.
b. NBFMA members who are staff employees shall accrue six (6)
months of flex leave and line employees shall accrue six (6) months
of flex leave immediately upon completion of six (6) months
continuous employment with the Newport Beach Fire Department,
provided however, this amount shall be reduced by any flex leave
time advanced during the first six months of employment.
c. Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to
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flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in the Employee Policy
Manual . Members entitled to use sick leave pursuant to the
Employee Policy Manual and who are absent due to illness shall
have their sick leave bank reduced by the duration of the absence
unless the member notifies appropriate department personnel that
the absence should be charged to the member's flex leave account.
d. Subject to the provisions of Section 2(1), prior to the effective date
of this MOU, members were entitled to accrue flex leave up to a
maximum of 78 times the member's bi-weekly accrual rate. Earned
flex leave in excess of the maximum permitted is currently paid bi-
weekly at the member's hourly rate of pay. NBFMA members may,
at any time, elect to receive pay (at the member's normal hourly
rate) for all accrued flex leave in excess of 72 hours for a line
employees and 40 hours for staff employees. However, NBFMA
members may not elect to buy down accrued Flex Leave below the
current threshold for payment (78 times the member's bi-weekly
accrual rate) unless, during the twelve months preceding the
election, the member has taken at least ninety-six (96) hours of
paid leave if a line employee and eighty (80) hours of paid leave if a
staff employee.
e. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request flex leave in excess of the amount accrued.
f. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
B. Telestaff Selection System
The City has implemented Telestaff which phased out the Vacation Selection
System (VSS). The City commits to maintain Telestaff subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year during the
term of this MOU, adopt a budget which provides for the payment of overtime
specifically for the purpose of implementing Telestaff. The amount to be
budgeted shall be calculated by computing the Vacation/Flex leave time (leave)
normally accrued by each member during a fiscal year (total annual leave)
multiplying total annual leave, by that member's overtime rate of pay (value of
leave) and then adding the value of leave for each NBFMA member. Each
member's overtime rate of pay shall be calculated on the basis of the member's
highest anticipated rate of pay during the upcoming fiscal year. The total "value
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of leave" for all members shall be identified in the budget as the "LEAVE
COVERAGE FUND."
C. Vacation/Sick Leave
Administration of the vacation and sick leave program for members who have not
converted to flex leave shall be in accordance with the provisions of the
Employee Personnel Manual of the City of Newport Beach. Line employees shall
accrue sick leave at the rate of twelve hours per month and staff employees shall
accrue sick leave at the rate of eight hours per month.
D. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a
pro-rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are
staff employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSable). Holiday pay shall be paid bi-weekly with the regular
check.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex (or vacation) leave bank.
E. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family." Staff employees shall be entitled to
five (5) working days of Bereavement Leave per event while Line Employees
shall be entitled to ninety (90) hours of Bereavement Leave per event.
Bereavement leave shall be administered in accordance with the provisions of
the Employee Policy Manual. For the purpose of this section immediate family
shall mean an employee's father, mother, brother, sister, wife, husband, child, or
grandparent, and the employee's spouse's mother, father, brother, sister, child or
grandparent. The provisions of this Section shall not diminish or reduce any
rights a member may have pursuant to applicable provisions of State or Federal
law.
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F. Jury Duty
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 hour shift during which the member is required to
attend court and sit on a jury or await assignment.
G. Family Sick Leave
Unit employees shall be entitled to use one-half (1/2) of their annual sick leave
accrual for an illness of a dependent which requires the presence of the
employee. Leave shall be administered in accordance with the provisions of the
Employee Policy Manual. The provisions of this Section shall not be construed
to affect or reduce the right of any employee to any unpaid family medical leave
authorized by State or Federal law.
H. Flex Leave Premium Pay Account
On request NBFMA members shall have the right to receive pay, at the rate of
109% of their then current base salary, for any Flex Leave banked, up to a
maximum of 78 times their bi-weekly Flex Leave accrual rate as of June 30,
1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay
Account balance shall be shown on each member's regular pay stub. The Flex
Leave Premium Pay Account shall be reduced in accordance with member
purchases. Each member shall, upon termination, resignation, retirement or
other separation from service, receive terminal pay at the rate of 109% of their
then current base salary for all accrued Flex Leave to the full extent of the
remaining balance in the Flex Leave Premium Pay Account with any remaining
Flex Leave paid at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid, at the rate of 109% of their final base salary for a percentage of the
employees accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED
SICK LEAVE:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
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15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave or Staff Employees and the first 1200 hours for Line
employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick
Leave - 1200 hours multiplied by .375).
J. Vacation Leave Premium Pay Account
Members who are on the traditional Vacation/Sick Leave program as of June 30,
1994 shall be entitled to receive pay, at the rate of 109% of their then current
base salary, for any accumulated Vacation Leave up to a maximum of 52 times
their bi-weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave
Premium Pay Account). The Vacation Leave Premium Pay Account balance
shall be shown on each members regular pay stub. The Vacation Premium Pay
Account balance shall be reduced commensurate with member purchases. Each
member shall, upon termination, resignation, retirement or other separation from
service, receive terminal pay at the rate of 109% of their then current base salary
for all accrued Vacation Leave to the full extent of the remaining balance in the
Vacation Leave Premium Pay Account with any remaining Vacation Leave paid
upon termination at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or before
June 30, 1994.
K. Worker's Compensation Leave
Any Safety NBFMA employee who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or in the course
of his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
L. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex
Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from
the position previously held to the newly assigned position provided. The ratio
for conversion of staff employee benefits to line employee benefit shall be 7/5
and the ratio for converting line employee benefits to staff employee benefits
shall be 5/7.
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K. Release Time
The Association will have an account of thirty-six (36) hours per year to be used
for the purposes of educational development of the unit members in employer -
employee relations. The Association shall submit a request to use the release
time to the Fire Chief, and the Fire Chief may grant the request based on current
operational needs.
SECTION 4. - FRINGE BENEFITS
A. Medical Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage levels
and other health programs. The purpose of the BIC is to provide each
employee group with information about health insurance/programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be as set forth
below.Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs. The City and the Newport Beach Fire Management
Association will cooperate in pursuing additional optional benefits to be
available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective December 22, 2007 the City's contribution towards the Cafeteria
Plan will increase to $874 (plus the minimum CaIPERS participating
employer's contribution).
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Effective December 22, 2008 the City's contribution towards the Cafeteria
Plan will increase to $974 (plus the minimum CaIPERS participating
employer's contribution).
Effective December 19, 2009 the City's contribution towards the Cafeteria
Plan will increase to $1,049 (plus the minimum CaIPERS participating
employer's contribution).
Effective upon the ratification of this agreement, NBFMA members who do
not want to enroll in any health care plan offered by the City must provide
evidence of health care insurance coverage, and execute an opt out
agreement releasing the City from any responsibility or liability to provide
health care insurance coverage on an annual basis.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
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Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees may
not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. Simultaneously, the City increased
base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
4. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
C. Retirement Benefits
1. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but not
to exceed 9% of the compensation earnable which PERS uses to
calculate retirement contributions and benefits. In addition, the amount of
this payment shall be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to the provisions
of Section 20636(c)(4) of the California Government Code, as amended
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effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20691 of the
California Government Code. NBFMA acknowledges that the City is
making this payment pursuant to a specific request of NBFMA to do so.
2. The City's contract with PERS shall also provide for:
a. A 3% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
c. The Level 4 1959 Survivors Benefit.
d. The City has amended its PERS contract to provide the pre -
retirement option settlement 2 death benefit (Section 21548) to be
effective July 23, 2005.
D. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution"
program. The process of fully converting to the new program will be ongoing for
an extended period. During the transition, employees and (then) existing retirees
have been administratively classified into one of four categories. The benefit is
structured differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2005 was less than 50 (46 for
public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006, whose
age plus years of service was 50 or greater (46 for public safety
employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior to
January 1, 2006, and were participating in the previous retiree medical
program.
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2. Program Structure
This is an Integral Part Trust (IPT) Medical Expense Reimbursement Program
Plan (MERP).
a. For employees in Category 1, the program is structured as follows:
Each employee will have an individual MERP account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not taxable to
employees at the time of deposit. Earnings from investment of funds in the
account are not taxable when posted to the account. Benefit payments are
not taxable when withdrawn, because the plan requires that all distributions
be spent for specified health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on status
as of December 3151 of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees it
represents, subject to the following constraints. All employees within the
Association must participate at the same level, except that Safety members
and Non -safety members within an Association may have different levels.
The participation level should be specified as a percentage of the leave
balance on hand in each employee's leave bank at the time of separation
from the City.
For example, if the Association wishes to specify 50% of the leave balance
as the participation level, then each member leaving the City, or cashing out
leave at any other time, would have the cash equivalent of 50% of the
amount that is cashed out added to the MERP, on a pre-tax basis. The
remaining 50% would be paid in cash as taxable income. Individual
employees would not have the option to deviate from this breakout.
17
The Association has decided to participate in Part C contributions at the
level of 100% Flex, 0% Sick, and 0% comp time. This amount may be
changed, on a go forward basis, as part of a future meet and confer
process. However, the participation level must be the same for all
employees within the Association except that Safety members and Non -
safety members within an Association may have different levels.
Additionally, the purpose and focus of these changes should be toward
long-term, trend type adjustments. Due to IRS restrictions regarding
"constructive receipt," the City will impose restrictions against frequent
spikes or drops that appear to be tailored toward satisfying the desires of a
group of imminent retirees.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the MERP Part C contributions,
but only to the extent and within all the numeric parameters specified in the
Employee Policy Manual. Section 11.21 of the Manual contains a schedule,
which specifies the amount of sick leave that can be "cashed out," based on
time of service. The manual also caps the number of hours that can be
"cashed out" at 800, and specifies that sick leave hours are "cashed out" on
a 2 for 1 basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from vacation/flex
leave participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B and
Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are credited
to each MERP Employee Account each pay period. Eligibility for Part B
contributions is set at five years of vested City employment. At that time,
the City will credit the first five years worth of Part B contributions into the
Employee Account (interest does not accrue during that period). Thereafter,
contributions are made bi-weekly. Part C deposits, if any, will be made at
the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is zero.
This right is triggered upon separation. If an employee leaves the City prior
to five years employment, only the Part A contributions and Part C leave
settlement contributions, if any, will be in the MERP Employee Account.
Such an employee will not be entitled to any Part B contributions. The
18
exception to this is a full-time employee, participating in the program, who
leaves the City due to industrial disability during the first five years of
employment. In such cases, the employee will receive exactly five years
worth of Part B contributions, using the employee's age and compensation
at the time of separation for calculation purposes. This amount will be
deposited into the employee's MERP account at the time of separation.
Distributions from MERP Employee Accounts are restricted to use for health
insurance and medical care expenses after separation, as defined by the
Internal Revenue Code Section 213(d) (as explained in IRS Publication
502), and specified in the Plan Document. In accordance with current IRS
regulations and practices, this generally includes premiums for medical
insurance, dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical expenses
not covered by insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502. Qualification
for dependency status will be determined by guidelines in IRC 152. If used
for these purposes, distributions from the MERP accounts will not be
taxable. Cash withdrawal for any other purpose is prohibited. Under recent
IRS Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or other
authorized dependents (if any) must be forfeited. That particular MERP
Employee Account will be closed, and any remaining funds will become
general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution towards medical insurance after retirement. The parties also
agree that, for retirees selecting a CaIPERS medical plan, or any other plan
with a similar employer contribution requirement, the required City
contribution will be withdrawn from the retiree's MERP account.
b. For employees in Category 2, the program is the same as for those in
Category 1, with the following exception:
In addition to the new plan contributions listed above, current employees
who fully convert to the new plan will also receive a one-time City
contribution to their individual MERP accounts that equates to $100 per
month for every month they contributed to the previous "defined benefit"
plan, to a maximum of 15 years (180 months). This contribution will be
made only if the employee retires from the City and at the time of retirement.
No interest will be earned in the interim.
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Employees in Category 2 who had less than five years service with the City
prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3 the program is the same as for those in
Category 2, with the following exception:
For employees in this category, the City will make no Part B contributions
while the employees are still in the active work force. Instead, the City will
contribute $400 per month into each of their MERP accounts after they
retire from the City, to continue as long as the employee or spouse is still
living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to the
City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There is no
cash out option for these funds, and they may not be spent in advance of
receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years (180
months). This contribution will be made to the MERP account at the time of
retirement, and only if the employee retires from the City. No interest will be
earned in the interim.
d. For employees (retirees) in Category 4, the structure is very similar to
the previous retiree medical program, except that there is no cost share
requirement, and the $400 City contribution after retirement can be used for
any IRS authorized purpose, not just City insurance premiums.
Effective July 1, 2006, a MERP account has been opened for each retiree in
this category, and the City will contribute $400 per month to each account
as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
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The City's Deferred Compensation Committee, or its successor committee, will
have the authority to determine investment options that will be available through
the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1 % of salary on which PERS retirement is based (Part
A); plus .25% of other compensation (Part B).
E. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,000 per fiscal
year. Effective July 2008 maximum reimbursement shall increase to $1,400,
effective July 2010 maximum reimbursement shall increase to $1,500.
1. College Courses
NBFMA 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. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a grade
of "C" or better for undergraduate courses and a grade of "B" or better for
graduate courses. All claims for tuition reimbursement require the approval
of the Human Resources Director.
2. Non -College Courses
NBFMA members attending job -related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, parking fees, travel and lodging
expenses.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson investigation,
and critical incident stress management.
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Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement
require the approval of the Fire Training Division Chief before submittal to
Human Resources.
F. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member. Workout apparel
shall consist of three workout shirts and two trunks. NBFMA members shall wear
City provided workout apparel when working out on duty.
SECTION 5. - MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, subject to
the following:
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
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ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within
any Series.
c. "Classification" shall mean one full time position identical or similar
in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary
positions. Classifications within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with the
higher ranking Classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those
positions the employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
23
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay-off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re -Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re-employment list
shall remain in effect until exhausted by removal of all names on the list.
In the event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re-employment
list shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her past known address. Any
employee shall have the right to refuse to be placed on the re-employment
list or the right to remove his or her name from the re-employment list by
sending written confirmation to the Human Resources Director.
24
5. Demotion
Permanent and probationary employees who are demoted because of
reduced staffing levels shall be placed on a Department promotional list in
reverse order of demotion. This promotional list shall remain in effect until
exhausted by removal of all names on the list.
6. Severance Pay
Permanent employees who are laid off shall, as of the date of lay-off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach.
B. Discipline Plan
Employees of this Association are exempt from disciplinary leave of less than five
(5) days.
C. Fire Suppression Staffing Levels
Move -up and move -down coverage shall be used to staff the fire suppression
battalion chief position in the absence of available battalion chiefs.
D. Staff Assignment Schedule
As a matter of past practice, staff employees have worked various schedules
including 10/80, 8/80 and 9/80. Staff employees have, also as a matter of past
practice, been required to attend meetings or training sessions on days off by
switching their normal day off and have not received compensation. When the
parties have agreed not to alter any rights that members may have as a result of
any past practice, NBFMA members shall select, in writing, one of the preceding
schedules of the schedule option selected. The staff member shall be entitled to
work that schedule unless that work schedule would significantly interfere with
the ability of the member to perform his/her required duties. All NBFMA
members assigned to work a forty hour work week shall have the option to work
any of the following schedules:
- Five eight hour days, Monday through Friday.
- Four ten hour days.
- Nine eighty work schedule.
E. Dues Checkoff
NBFMA members shall have the right to authorize the City to deduct regular
monthly NBFMA dues from their bi-weekly paycheck. The City shall deduct
25
payment of NBFMA dues when the employee has authorized such deduction and
City shall remit all payments to NBFMA in accordance with the terms of each
member's authorization.
Executed this (-day of January, 2009
NEWPORT BEAC,bi'FIRE/IANAGEMENT ASSOCIATION (NBFMA)
By:
By:
Paul D. Matheis, President, NBFMA
Dave K. Mais, Vice -President, NBFMA
CITY OF NEWPORT B
By:
Edward Selich, Mayor
ATTEST:
By:
Leilani Brown, Cit',�/Clerk
APPROVED AS TO FORM:
B
David Hunt, City Attorney
EXHIBIT A
FIRE MANAGEMENT ASSOCIATION
REPRESENTED CLASSIFICATIONS
Class
Code Classification Compensation
F315 Fire Line Battalion Chief Section 2 (a) (i)
F305 Fire Division Chief F315 + 12.5%
F310 Fire Deputy Chief F315 + 18 %
F320 Fire Marshal F315 + 12.5%
27
r-
•
SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING
This Supplemental Memorandum of Understanding (SMOU) modifies the
Memorandum of Understanding (MOU) between the City of Newport Beach and
the Newport Beach Fire Management Association for the term commencing
January 1, 2005 and concluding December 31, 2007.
SECTION 4 — Fringe Benefits, Subsection D. Retiree Health Benefits Program is
amended to read as follows
2. Effective December 24, 2005
iii. Part C contributions (leave settlement as determined by
Association):
The Association has determined that the level of contribution for all
employees it represents will be 100% of sick and 0% of flex leave.
Any future changes are subject to the following constraints. All
employees within the Association must participate at the same level.
The participation level should be specified as a percentage of the
leave balance on hand in each employee's leave bank at the time of
separation from the City. The computation of the cash equivalent for
leave hours to be included in the MERP will be the same as the
computation used when leave is "cashed out" for other reasons.
However, individual employees must not have the option of receiving
compensation for the value of the same leave hours in the form of
cash.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City
would have the cash equivalent of 50% of whatever balance is in his
or her leave account added to the MERP, on a pre-tax basis.. The
remaining 50% would be paid in cash as taxable income. Again,
individual employees would not have the option to deviate from this
breakout.
If the Association decides to participate in Part C contributions, at any
level, this same level of participation is mandatory for any conversion
of leave to cash by its members, with the exception of "spillover"
amounts above the maximum accumulation balance. No such
spillover payments will be included in Part C contributions. Use of
leave for time off purposes is not constrained by this prohibition.
1
Sick leave balances may also be included in the MERP, but only to
the extent and within all the numeric parameters specified in the
Employee Policy Manual. Section 11.21 of the Manual contains a
schedule which specifies the amount of sick leave that can be
"cashed out," based on time of service. The manual also caps the
number of hours that can be "cashed out" at 800, and specifies that
sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of
sick leave are converted to 400 hours for cash purposes). Sick leave
participation is a separate item from vacation/flex leave participation,
and thresholds must be separately identified by the Association.
All other provisions of the MOU remain in effect.
Executed this day of , 2007.
NEWPORT BEAFIRE M ' AGEMENT ASSOCIATION
By:
l
CITY OF.NEWPOR EACH
By:
Mayor
APPROVED AS TO FORM:
c
City Attorney
2
• •
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA"), a
recognized employee organization, and the City of Newport Beach
("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and
other terms and conditions of employment.
2. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of
employment for the period from January 1, 2005 to December 31, 2007
and this tentative agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation. of NBFMA during
the meet and confer process leading to the adoption of the 2005-2007
MOU.
4. This MOU, upon approval by NBFMA and the Newport Beach City
Council, represents the total and complete understanding and agreement
between the parties regarding all matters within the scope of
representation.
SECTION 1. - GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFMA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and conditions
of employment for all employees in those classifications specified in Exhibit "A"
or as appropriately modified in accordance with the Employer/Employee
Resolution. All other classifications and positions not specifically included within
Exhibit "A" are excluded from representation by NBFMA.
1
• i
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2005. This MOU shall remain in full
force and effect until December 31, 2007, and the provisions of this MOU
shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
C. Scope
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to NBFMA no less than
seven (7) days prior to implementation of the proposed change. If such
proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such
impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non-exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50 .
D. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
NBFMA business, meetings, or events. All materials posted on bulletins
boards shall indicate the name of the organization responsible. Material
2
• •
posted shall not contain personal attacks on any City official or employee,
any material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material. E-
Mail may be used for Association business on a limited basis and
consistent with Department Policy.
E. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
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 provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such
that NBFMA members suffer no financial detriment by virtue of the decision or
ruling with the manner and form of the compensation to be determined by the
parties after meeting and conferring in good faith.
3
•
H. Impasse
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
successor resolution.
Definitions
For the purposes of this MOU these terms shall have the following meanings:
The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
The term "staff employee" shall mean any NBFMA member who is
assigned to work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to
work an average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and the
Orange County Fire Authority.
SECTION 2. - COMPENSATION
A. Salary
1. Guaranteed Salary
The salary for the position of Fire Battalion Chief shall maintain at least a
9% salary differential between the top step of Fire Captain and the bottom
step of the Fire Battalion Chief. Adjustments to the salary of Battalion
Chief shall be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary differentials
listed below.
Classification Percent of Battalion Chief Top Step
Fire Line Battalion Chief N/A
Fire Division Chief 112.5%
Fire Deputy Chief 118%
Fire Marshal 112.5%
4
• •
2. Salary Adjustments
a. Effective December 25, 2004, the City shall increase base salary
for the Battalion Chief classification by two (2%) percent (with
increases for other classifications pursuant to the matrix above).
b. Effective June 25, 2005, the City shall increase base salary for the
Battalion Chief classification by one (1%) percent (with increases
for other classifications pursuant to the matrix above).
c. Effective June 24, 2006, the City shall increase base salary for the
Battalion Chief classification by three (3%) percent (with increases
for other classifications pursuant to the matrix above).
d. Effective June 23, 2007, the City shall increase base salary for the
Battalion Chief classification by two (2%) percent with increases for
other classifications pursuant to the matrix above).
e. Special Adjustment
Effective the pay period beginning December 24, 2005 (concurrent
with the implementation of the revised retiree medical benefit as set
forth in Section 4.D.2) base salaries shall be increased by 1%.
B. Overtime - Hours Worked
1. All approved paid overtime shall be paid at the straight time rate. The City
and Association agree that all unit classifications are properly exempted
from the provisions of the Fair Labor Standards Act. Overtime payments
were decreased from time and one-half to straight time by agreement of
the parties as part of a negotiation which increased the percentage
spread between Battalion Chief and Fire Captain. The overtime rate shall
be taken into account when comparing total compensation to benchmark
positions in other agencies.
2. Compensatory Time
In lieu of overtime members may elect to accrue compensatory time off.
Staff personnel may accrue a maximum of 140 hours. Line personnel may
accrue a maximum of 144 hours. Personnel must use all accrued
compensatory time by time of retirement.
5
•
•
C. Required Uniform
City shall pay the entire cost of providing NBFMA member with each component
of the required NBFD uniform. The required NBFD uniform includes safety
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and
liner, belts, sweatshirt, base camp hat, and turnout safety clothing. City shall not
be responsible for providing employee with socks, underwear, cap or workout
shoes, or other clothing.
The City will report the value of the required uniform at $1,369.00 to PERS.
The City will provide an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. This equipment will be used
to temporarily replace an employee's personal turnout equipment that cannot be
placed in service because they are wet, contaminated, or aged.
D. Scholastic/Certificate Achievement Pay
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible
and scholastic/certificate achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief. It is
the responsibility of the NBFMA member to apply for Scholastic/Certificate
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to
receive scholastic/certificate achievement pay prior to the date the application is
approved even though the member may have been eligible prior to approval.
Scholastic/Certificate achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. NBFMA member shall receive scholastic
achievement pay in accordance with the following:
1. Scholastic Achievement Pay
Years of College % of actual step in
Service: Semester/Unit: job class range
2 or more 30 1.5%
3 or more 60 2.5%
5 or more 90 3.5%
5 or more 120 4.5%
5 or more B.A./B.S. 5.5%
6
•
2. Certificate Pay
Coursework
Monthly Compensation
Completion of coursework for 1.5% of actual step in job class range
Certified Chief Fire Officer
E. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level
in speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this section
by the Fire Chief.
F. Court Standby Pay
NBFMA members who, pursuant to Subpoena compelling attendance to testify
to acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off -duty, to
remain within a certain response time from court, shall be considered to be on
"court standby time" and shall receive four hours of pay for each eight hours of
court standby time. NBFMA members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify at to matters
relating to their employment with the City, be considered to be on duty and shall
be paid accordingly. Members shall remit all witness fees received for testifying
or appearing on any matter for which the member is eligible to receive court
standby time.
SECTION 3. - LEAVES
A. Flex Leave
1. Effective December 25, 2004, NBFMA members hired on or after
October 1, 1997 shall (prospectively) accrue flex leave at the same rate
as members hired prior to October 1, 1997. NBFMA members shall
accrue flex leave as follows. It is mutually understood that accrual rates
have been modified to provide for the longevity increase set forth below:
7
Years of
Con't. Svc
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Accrual
Hours/Pav Period
Line Employees
8.77
9.69
10.62
12.00
12.00
12.00
12.00
Longevity
Accrual Pay
Hours/Pav Period Increase
Staff Employees
6.26
6.92
7.58
8.57
8.57
8.57
8.57
2. The Flex leave program shall be administered as follows:
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
a. NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department for a period of
six (6) months provided, however, if a member on the flex leave
program becomes sick during the first six months of employment,
the City will advance up to six (6) months of accrual for line
employees for use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced
multiplied by the member's hourly rate of pay.
b. NBFMA members who are staff employees shall accrue six (6)
months of flex leave and line employees shall accrue six (6)
months of flex leave immediately upon completion of six (6) months
continuous employment with the Newport Beach Fire Department,
provided however, this amount shall be reduced by any flex leave
time advanced during the first six months of employment.
c. Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to
flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in the Employee Policy
Manual . Members entitled to use sick leave pursuant to the
Employee Policy Manual and who are absent due to illness shall
have their sick leave bank reduced by the duration of the absence
unless the member notifies appropriate department personnel that
8
• •
the absence should be charged to the member's flex leave
account.
d. Subject to the provisions of Section 2(1), prior to the effective date
of this MOU, members were entitled to accrue flex leave up to a
maximum of 78 times the member's bi-weekly accrual rate. Earned
flex leave in excess of the maximum permitted is currently paid bi-
weekly at the member's hourly rate of pay. NBFMA members
may, at any time, elect to receive pay (at the member's normal
hourly rate) for all accrued flex leave in excess of 72 hours for a
line employees and 40 hours for staff employees. However,
NBFMA members may not elect to buy down accrued Flex Leave
below the current threshold for payment (78 times the member's bi-
weekly accrual rate) unless, during the twelve months preceding
the election, the member has taken at least ninety-six (96) hours of
paid leave if a line employee and eighty (80) hours of paid leave if
a staff employee.
e. All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request flex leave in excess of the amount accrued.
f. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
B. Vacation Selection System
The City has implemented a vacation selection system (VSS) which phased out
mandatory scheduling for vacation relief in favor of leave coverage by paying
overtime to other members occupying the same position. The City commits to
maintain VSS subject to budgetary constraints outlined in this Section. The City
shall, for each fiscal year during the term of this MOU, adopt a budget which
provides for the payment of overtime specifically for the purpose of implementing
VSS. The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave time (leave) normally accrued by each member during a
fiscal year (total annual leave) multiplying total annual leave, by that member's
overtime rate of pay (value of leave) and then adding the value of leave for each
NBFMA member. Each member's overtime rate of pay shall be calculated on
the basis of the member's highest anticipated rate of pay during the upcoming
fiscal year. The total "value of leave" for all members shall be identified in the
budget as the "LEAVE COVERAGE FUND."
9
• •
C. Vacation/Sick Leave
Administration of the vacation and sick leave program for members who have not
converted to flex leave shall be in accordance with the provisions of the
Employee Personnel Manual of the City of Newport Beach. Line employees shall
accrue sick leave at the rate of twelve hours per month and staff employees shall
accrue sick leave at the rate of eight hours per month.
D. Holiday Time
1. Accrual
The provisions of this subsection shall apply to all NBFMA members on a
pro-rata basis: NBFMA members who are line employees shall accrue
holiday time at the rate of 5.54 hours per pay period. NBFMA who are
staff employees shall accrue holiday time at the rate of 3.96 hours per pay
period.
All employees including Staff Employees shall receive their holiday time in
pay (PERSable). Holiday pay shall be paid bi-weekly with the regular
check.
2. Staff Employees
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex (or vacation) leave bank.
E. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family. Staff employees shall be entitled to
five (5) working days of Bereavement Leave per calendar year while Line
Employees shall be entitled to ninety (90) hours of Bereavement Leave per
occurrence. Bereavement leave shall be administered in accordance with the
provisions of the Employee Policy Manual. For the purpose of this section
immediate family shall mean father, mother, brother, sister, wife, husband, child,
father-in-law, mother-in-law, and grandparents. The provisions of this Section
shall not diminish or reduce any rights a member may have pursuant to
applicable provisions of State or Federal law.
10
• M
F. Jun/ Duty
NBFMA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 hour shift during which the member is required to
attend court and sit on a jury or await assignment.
G. Family Sick Leave
Unit employees shall be entitled to use one-half (1/2) of their annual sick leave
accrual for an illness of a dependent which requires the presence of the
employee. Leave shall be administered in accordance with the provisions of the
Employee Policy Manual. The provisions of this Section shall not be construed
to affect or reduce the right of any employee to any unpaid family medical leave
authorized by State or Federal law.
H. Flex Leave Premium Pay Account
On request NBFMA members shall have the right to receive pay, at the rate of
109% of their then current base salary, for any Flex Leave banked, up to a
maximum of 78 times their bi-weekly Flex Leave accrual rate as of June 30,
1994 (Flex Leave Premium Pay Account). The Flex Leave Premium Pay
Account balance shall be shown on each members regular pay stub. The Flex
Leave Premium Pay Account shall be reduced in accordance with member
purchases. Each member shall, upon termination, resignation, retirement or
other separation from service, receive terminal pay at the rate of 109% of their
then current base salary for all accrued Flex Leave to the full extent of the
remaining balance in the Flex Leave Premium Pay Account with any remaining
Flex Leave paid at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid, at the rate of 109% of their final base salary for a percentage of the
employees accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED
SICK LEAVE:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
11
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Payment for accrued but unused Sick Leave shall be limited to the first 800
hours of accrued Sick Leave or Staff Employees and the first 1200 hours for Line
employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave
Pay in a sum equal to 109% of their base salary per hour for 450 hours of Sick
Leave - 1200 hours multiplied by .375).
J. Vacation Leave Premium Pay Account
Members who are on the traditional Vacation/Sick Leave program as of June 30,
1994 shall be entitled to receive pay, at the rate of 109% of their then current
base salary, for any accumulated Vacation Leave up to a maximum of 52 times
their bi-weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave
Premium Pay Account). The Vacation Leave Premium Pay Account balance
shall be shown on each members regular pay stub. The Vacation Premium Pay
Account balance shall be reduced commensurate with member purchases.
Each member shall, upon termination, resignation, retirement or other separation
from service, receive terminal pay at the rate of 109% of their then current base
salary for all accrued Vacation Leave to the full extent of the remaining balance
in the Vacation Leave Premium Pay Account with any remaining Vacation Leave
paid upon termination at the then current base salary. The provisions of this
section shall apply only to members employed by the City of Newport Beach on
or before June 30, 1994.
K. Worker's Compensation Leave
Any Safety NBFMA employee who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or in the course
of his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
L. Reassignment
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned toa line position, the City shall automatically convert the Flex
Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from
the position previously held to the newly assigned position provided. The ratio
for conversion of staff employee benefits to line employee benefit shall be 7/5
and the ratio for converting line employee benefits to staff employee benefits
shall be 5/7.
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SECTION 4. - FRINGE BENEFITS
A. Medical lnsurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of
one representative from each employee association group and up to three
City representatives. The Benefits Information Committee has been
established to allow the . City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage levels
and other health programs. The purpose of the BIC is to provide each
employee group with information about health insurance/programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. The City
contribution toward the Cafeteria Plan shall be as set forth
below.Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs. The City and the Newport Beach Fire Management
Association will cooperate in pursuing additional optional benefits to be
available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages in
accordance with plan rules and during regular open enrollment periods.
Effective June 25, 2005 the City's • contribution towards the Cafeteria Plan
will increase to $674 (plus the minimum CaIPERS participating employer's
contribution).
Effective December 24, 2005 the City's contribution towards the Cafeteria
Plan will increase to $724 (plus the minimum CaIPERS participating
employer's contribution).
Effective December 23, 2006 the City's contribution towards the Cafeteria
Plan will increase to $774 (plus the minimum CaIPERS participating
employer's contribution).
Effective upon the ratification of this agreement, NBFMA members who do
not want to enroll in any health care plan offered by the. City must provide
evidence of health care insurance coverage, and execute an opt out
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agreement releasing the City from any responsibility or liability to provide
health care insurance coverage on an annual basis.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings as agreed upon by the Benefits Information
Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits Information
Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of the
Internal Revenue Code, pursuant to which an Association member may
request that medical, child care and other eligible expenses be paid or
reimbursed by the City out of the employee's account. The base salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to
receiving benefits under the disability insurance program. Employees
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may not supplement the disability benefit with paid leave once the waiting
period has been exhausted.
Concurrent with the commencement of this program, employees assumed
responsibility for the payment of the disability insurance cost in the
amount of one (1.0%) percent of base salary. Simultaneously, the City
increased base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in
$1,000 increments equal to one times the employee's annual salary up to
a maximum of $50,000. At age 70 the City -paid life insurance is reduced
by 50% of the pre-70 amount. This amount remains in effect until the
employee retires from City employment.
4. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
C. Retirement Benefits
1. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but
not to exceed 9% of the compensation earnable which PERS uses to
calculate retirement contributions and benefits. In addition, the amount of
this payment shall be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to the provisions
of Section 20636(c)(4) of the California Government Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20691 of the
California Government Code. NBFMA acknowledges that the City is
making this payment pursuant to a specific request of NBFMA to do so.
2. The City's contract with PERS shall also provide for:
a. A 3% @ 55 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
15
c. The Level 4 1959 Survivors Benefit.
The City will amend its PERS contract to provide the pre -retirement
option settlement 2 death benefit (Section 21548) to be effective
July 23, 2005.
e. The City will further amend its PERS contract to provide for the 3%
@ 50 retirement formula to be in effect no later than December 31,
2007.
D. Retiree Health Benefits Program
1. Prior to December 24, 2005
An employee is eligible for retiree medical benefits under this program
after seven years of service to the City of Newport Beach if the employee
retires from the City and is a PERS annuitant. This program is inclusive of
an employee's right to medical insurance coverage under the CalPERS
medical insurance plan and the mandatory minimum of $16 per month
employer contribution to said plan on behalf of the annuitant.
The City has implemented a $400 per month cap for retiree
medical insurance premium contributions as agreed to by the City
and the Newport Beach Fire Management Association. In
accordance with existing agreements, the City and active
employees shall be responsible for 3/4ths (1/2 City and 1/4 actives)
of retiree medical insurance premium under this program to a
maximum of $400. Retirees shall be responsible for any remaining
medical insurance premiums.- The employee's current share of the
retirement contribution in accordance with the formulas set forth
above shall be 44.07 per month.
Subsequent contribution levels shall be set annually, in accordance
with the formula described above. Prior to increasing the
deductions for the employee's contribution share, the City shall
provide the NBFMA with documentation supporting the need for
said increase at least 90 days in advance of the effective date of
the increase. Upon request, City representatives will meet and
consult with NBFMA prior to any increases in employee deduction
levels. The parties agree that any increase will take effect as soon
as possible after January 1.
b. In order to accumulate funds to meet the potential unfounded
liability in retiree medical insurance premium payments as
16
projected by the City's actuary and in addition to the contribution in
(a) above; each NBFMA unit employee will contribute $10 per
month and the City shall contribute $20 per month into an interest
bearing trust account. These contributions will be continued until
the projected liability is satisfactorily funded (approximately 30
years), or until such time as the City and NBFMA mutually agree to
end the funding on behalf of NBFMA members.
Accumulated funds from the employee and employer contributions
described above shall be held separate from the City's general
fund. The funds for the unfunded liability account shall be kept in
an interest bearing account and may only be used to pay for
unfounded retiree medical insurance premiums not covered by the
funds collected under above.
In the event the retiree medical insurance program described
herein is discontinued, NBFMA members will receive an accounting
on any remaining funds and the City will immediately meet and
confer with NBFMA on the distribution of said funds back to active
(not retired/full-time) City employees in the NBFMA unit.
The City will provide NBFMA with an annual report certified by the
City Finance Director describing the balance, interest earnings, and
any expenditures of the trust account described herein.
2. Effective December 24, 2005
a. Overview
A new Defined Contribution Plan will be established to set aside
funds for employee medical expenses during retirement. This plan
will replace the existing Defined Benefit Plan ("old plan"), which will
be phased out. The plan will be a Medical Expense Reimbursement
Plan ("MERP") funded through an Integral Part Trust (IPT).
b. Structure
Each employee will have an individual MERP account for
bookkeeping purposes, called his or her "Employee Account." This
account will accumulate contributions to be used for health care
expense after retirement. All contributions to the plan are either
mandatory employee contributions or City paid employer
contributions, so they are not taxable to employees at the time of
deposit. Earnings from investment of funds in the account are not
taxable when posted to the account. Benefit payments are not
17
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taxable when withdrawn, because the plan requires that all
distributions be spent for specified health care purposes.
Contributions will be in three parts.
i. Part A contributions (mandatory employee): 1 % of Salary.
ii. Part B contributions (employer for employees fully converting
to new plan): $1.50 per month for each year of service plus
year of age (updated every January 1st based on status as of
December 31s of the prior year).
Part C contributions (leave settlement as determined by
Association):
The Association has determined that the level of contribution
for all employees it represents will be 100% of sick leave. Any
future changes to this level are subject to the following
constraints. All employees within the Association must
participate at the same level. The participation level should be
specified as a percentage of the leave balance on hand in
each employee's leave bank at the time of separation from the
City. The computation of the cash equivalent for leave hours
to be included in the MERP will be the same as the
computation used when leave is "cashed out" for other
reasons. However, individual employees must not have the
option of receiving compensation for the value of the same
leave hours in the form of cash.
For example, if the Association wishes to specify 50% of the
leave balance as the participation level, then each member
leaving the City would have the cash equivalent of 50% of
whatever balance is in his or her leave account added to the
MERP, on a pre-tax basis. The remaining 50% would be paid
in cash as taxable income. Again, individual employees would
not have the option to deviate from this breakout.
If the Association decides to participate in Part C
contributions, at any level, its members will not have the right
to voluntarily convert leave to cash for one full year prior to
retirement, other than "spillover" of amounts above the
maximum accumulation balance. However, taking leave for
time off purposes would not be constrained,
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Sick leave balances may also be included in the MERP, but
only to the extent and within all the numeric parameters
specified in the Employee Policy Manual. Section 11.21 of the
Manual contains a schedule which specifies the amount of sick
leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be "cashed
out" at 800, and specifies that sick leave hours are "cashed
out" on a 2 for 1 basis (800 hours of sick leave are converted
to 400 hours for cash purposes). Sick leave participation is a
separate item from vacation/flex leave participation, and
thresholds must be separately identified by the Association.
Part A contributions may be included in PERS compensation. Part
B and Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrollment in the program and are
credited to each MERP Employee Account each pay period.
Eligibility for Part B contributions is set at five years of City
employment. At that time, the City will credit the first five years
worth of Part B contributions into the Employee Account (interest
does not accrue during that period). Thereafter, contributions are
made monthly. Part C deposits, if any, will be made at the time of
employment termination.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account
balance is zero. This right is triggered upon retirement. If an
employee leaves the City prior to five years employment, only the
Part A contributions and Part C leave settlement contributions, if
any, will be in the MERP Employee Account. An employee who
leaves City employment within the first five years will not be entitled
to any Part B contributions.
Distributions from MERP Employee Accounts are restricted to use
for health insurance and medical care expenses after retirement,
as defined .by the Internal Revenue Code Section 213(d) (as
explained in IRS Publication 502), and specified in the Plan
Document. In accordance with current IRS regulations and
practices, this generally includes premiums for medical insurance,
dental insurance, vision insurance, supplemental medical
insurance, long term care insurance, and miscellaneous medical
expenses not covered by insurance for the employee and his or her
spouse and legal dependents — again only as permitted by IRS
Publication 502. Qualification for dependency status will be
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determined by guidelines in IRC 152. If used for these purposes,
distributions from the MERP accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse
and/or other authorized dependents (if any) must be forfeited. That
particular MERP Account will be closed, and any remaining funds
will become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CaIPERS
medical plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from
the retiree's MERP account.
c. Employee Participation
New Employees
Participation in the new plan is mandatory from the onset of
employment. New employees will make no contributions to the
old plan.
ii. Conversion Threshold for Current Employees
Members whose age plus years of service equal 45 or less at
the time of implementation must convert to the new plan.
Those with age plus years of service of 46 or more have the
option of fully converting or remaining in the old plan with
modified participation in the new plan.
iii. Current Employees Fully Converting to New Plan
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a
one-time City contribution to their individual IPT accounts that
equates to $100 per month for every month they contributed to
the current plan, to a maximum of 15 years (180 months). This
contribution will be made at the time of retirement, and only if
the employee retires from the City. No interest will be earned
in the interim.
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Employees in this category will make no further contributions to
the existing plan, and will no longer participate in it. The
parties agree that this one time payment satisfies the
requirements in paragraph D1.b. of Section 4 (Fringe Benefits)
regarding an accounting and potential distribution of
contributions upon discontinuation of the previous version of
the Retiree Medical Program.
iv. Current Employees Remaining on Old Plan
Employees in this category will contribute a flat $100 per month
to the old plan for the duration of their employment. The
maximum benefit provided by the old plan at retirement is
$4800.00 per year, accruing at the current rate of $400.00 per
month. City share of each retiree's cost may be used for
anything authorized for the IPT program, rather than just for
Insurance Premiums for one of the City plans. There is no
cash out option for these funds.
Employees remaining on the old plan will also participate in the
IPT program, with Part A contributions being mandatory; no
Part B contributions; and Part C contributions if applicable.
Employees in this category will also receive an additional one-
time City contribution of $75 per month for every month they
contributed to the old plan prior to the date of implementation
of the new program, up to a maximum of 15 years (180
months). This contribution will be made to the IPT account at
the time of retirement, and only if the employee retires from the
City. No interest will be earned in the interim.
d. Retroactivity
Limited retroactivity is provided for employees who retired from the
City during the period covered by the contract in which this new
program is implemented, but before the program is implemented.
For those employees who retired under the old program during this
period, the provision for increased flexibility in the use of the
$4800.00 maximum (accruing at $400 per month) benefit will apply.
In addition, a. MERP account will be opened for each employee in
this category, and a contribution of $75 per month for each month of
prior contribution to the old plan will be deposited by the City.
21
No other provisions of the new program are applicable to employees
in this category, and no provisions of the program are applicable to
any other existing retirees.
e. Administration
A vendor will be selected by the City to administer the MERP. The
contract expense for program -wide administration by the vendor will
be paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
taken by each employee, such as fees or commissions for trades,
will be paid by each employee.
The City's Deferred Compensation Committee will have the authority
to determine investment options that will be available through the
plan.
f. Value of Benefit
For all purposes, the MERP shall be valued at 1% of salary on
which PERS retirement is based (Part A); plus .25% of other
compensation (Part B).
E. Tuition Reimbursement
Maximum tuition reimbursement for NBFMA members shall be $1,000 per fiscal
year.
1. College Courses
NBFMA 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. Reimbursement is contingent
upon the successful completion of the course. Successful completion
means a grade of "C" or better for undergraduate courses and a grade of
"B" or better for graduate courses. All claims for tuition reimbursement
require the approval of the Human Resources Director.
2. Non -College Courses
NBFMA members attending job -related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one hundred
22
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percent (100%) of the actual cost of tuition, parking fees, travel and lodging
expenses.
Job -related courses and seminars will be considered pre -authorized in the
following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue systems,
legal issues, media relations, risk management, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson investigation,
and critical incident stress management.
Reimbursement is contingent upon the successful completion of the course.
Successful completion means a document or certificate showing successful
completion of the class or seminar. All claims for tuition reimbursement
require the approval of the Fire Training Division Chief before submittal to
Human Resources.
F. Annual Physical Examinations
All NBFMA members shall participate in the Department Fitness Program as
outlined in Department SOP.
G. Physical Conditioning Equipment/Apparel
City shall provide workout apparel for each NBFMA member. Workout apparel
shall consist of three workout shirts and two trunks. NBFMA members shall wear
City provided workout apparel when working out on duty.
SECTION 5. - MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
23
b. "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, subject to
the following:
Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include
time spent on any other authorized or unauthorized leave of
absence.
For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within
any Series.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part-time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties with
the higher ranking Classification(s) characterized by the need for
less supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become re -certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those
positions the employee has previously held with the Department.
29
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2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
a. Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
b. Employees within a Classification shall be laid off in inverse order
of seniority;
c. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or
lists from which they were appointed. In the event at least one of
the employees was not appointed from an eligibility list, the
Department Director shall determine the employee(s) to be laid off.
Notice
Employees subject to lay-off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re -Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re-employment list
shall remain in effect until exhausted by removal of all names on the list.
In the event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re-employment
list shall have the right to appointment to the position, provided, he or she
25
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her past known address. Any
employee shall have the right to refuse to be placed on the re-
employment list or the right to remove his or her name from the re-
employment list by sending written confirmation to the Human Resources
Director.
5. Demotion
Permanent and probationary employees who are demoted because of
reduced staffing levels shall be placed on a Department promotional list in
reverse order of demotion. This promotional list shall remain in effect until
exhausted by removal of all names on the list.
6. Severance Pav
Permanent employees who are laid off shall, as of the date of lay-off,
receive one week severance pay for each year of continuous service with
the City of Newport Beach.
B. Discipline Plan
Employees of this Association are exempt from disciplinary leave of less than
five (5) days.
C. Fire Suppression Staffing Levels
Move -up coverage shall be used to staff the fire suppression battalion chief
position in the absence of available battalion chiefs.
D. Staff Assignment Schedule
As a matter of past practice, staff employees have worked various schedules
including 10/80, 8/80 and 9/80. Staff employees have, also as a matter of past
practice, been required to attend meetings or training sessions on days off by
switching their normal day off and have not received compensation. When the
parties have agreed not to alter any rights that members may have as a result of
any past practice, NBFMA members shall select, in writing, one of the preceding
schedules of the schedule option selected. The staff member shall be entitled to
work that schedule unless that work schedule would significantly interfere with
the ability of the member to perform his/her required duties. All NBFMA
members assigned to work a forty hour work week shall have the option to work
any of the following schedules:
26
- Five eight hour days, Monday through Friday.
-Four ten hour days.
- Nine eighty work schedule.
E. Dues Checkoff
NBFMA members shall have the right to authorize the City to deduct regular
monthly NBFMA dues from their bi-weekly paycheck. The City shall deduct
payment of NBFMA dues when the employee has authorized such deduction
and City shall remit all payments to NBFMA in accordance with the terms of each
member's authorization.
Executed this o� day of O1/EI"Vl e_,� 2005
By:
By:
NB
NBFMA
CITY OF NEWPORT BEACH
Bv:
ohn Heffernan, Mayor
ATTEST:
La onne Harkless, City Clerk
APPROVED AS TO FORM:
By:
Robin Clauson, City Attorney
27
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•
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EXHIBIT A
FIRE MANAGEMENT ASSOCIATION
REPRESENTED CLASSIFICATIONS
Class
Code Classification Compensation
F315 Fire Line Battalion Chief Section 2 (a) (i)
F305 Fire Division Chief F315 + 12.5%
F310 Fire Deputy Chief F315 + 18 %
F320 Fire Marshal F315 + 12.5%
28
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C-ap)"Ice
Letter of Understanding
between the City of Newport Beach ("City") and the Newport Beach Fire Management
Association ("NBFMA") regarding an amendment to Section 2, sub -section 8 of the
Memorandum of Understanding between the City and the NBFMA, for the period of February 1,
2003 through December 31, 2004, pertaining to Overtime — Hours Worked.
This Letter of Understanding (LOU) shall, by reference, become part of the Memorandum of
Understanding between the City of Newport Beach ("City") and the Newport Beach Fire
Management Association ("NBFMA") for the period from January 1, 2002 to December 31,
2004.
Due to the limited number of Line Battalion Chief positions authorized as part of the Fire
Department budget, there are occasions where the ability of a Line Battalion Chief wishing to
utilize paid leave or accumulated compensatory time off is limited for lack of an available
replacement. Therefore, it has been practice to allow members assigned to Staff positions to
work overtime as a Line Battalion Chief. It has also been practice to compensate Staff members
working as a Line Battalion Chief at their regular rate of pay times the number of hours worked
as a Line Battalion Chief times a Staff -to -Line conversion rate of 5/7.
In 1996, the City and the Newport Beach Firefighters Association met and conferred and agreed
to a policy that allowed members in a higher class to work overtime in specified lower classes
(downgrade) and receive compensation at the highest hourly rate for the position as published in
the City's compensation plan.
These two practices for compensating employees who work downgrade are inconsistent.
Therefore the City and the NBFMA agree to amend Section 2, sub -section 8, as follows:
Section 2. - COMPENSATION
8. Overtime - Hours Worked
A. All approved overtime shall be paid at the employee 's regular straighttime rate of hao..
The City and Association agree that all unit classifications are properly exempted from the
provisions of the Fair Labor Standards Act for the purposes of calculating premium pay.
Overtime payments were decreased from time -and -one-half to straight time by agreement of the
parties as part of a negotiation, which increased the percentage spread between Battalion Chief
and Fire Captain. The overtime rate shall be taken into account when comparing total
compensation to benchmark positions in other agencies.
B. Members may receive compensatory time off in lieu of overtime compensation subject to
a maximum accrual of eighty (80) hours for staff personnel and a maximum accrual of one
hundred and twenty (120) hours for line personnel.
C. Qualified members assigned to Staff positions wishing to work voluntary overtime as a
Line Battalion Chief (downgrade) may volunteer to do so and shall be compensated hour for
hour at 1.063% of the highest hourly rate for the position of Line Battalion Chief as published in
the City's compensation plan; or may receive compensatory time off in lieu of overtime
compensation by multiplying the number of hours worked as a Line Battalion Chief times a Staff -
to -Line conversion rate of 5/7.
D. Members shall be selected to work approved overtime according to the provisions set
forth in the Department's Standard Operating Procedures related to staffing and overtime.
Roerla ., President Homer C. Bludau,lty Manager
Ne
ort Beach Fire Management Association City of Newport Beach
D t2// .2/0 -3
Date
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition 1
Duration of Memorandum 1
Scope 2
Bulletin Boards 2
Conclusiveness 3
Modifications 3
Savings 3
Impasse 3
Definitions 3
Section 2. Compensation
Direct Wage Payments 4
Salary Adjustments 4
Flex Leave Premium Pay Account 5
Vacation Leave Pteuuum Pay Account 5
Scholastic/Certificate Achievement Pay 6
Certificate Pay 6
Court Standby Pay 6
Overtime — Hours Worked 7
Section 3. Leaves
Pay for Time Not Worked 7
Vacation Selection System 7
Sick Leave 8
Compensable Time Off 8
Flex Leave 8
Holiday Time _ 10
Worker's Compensation Leave 11
Vacation/Sick Leave 11
Sick Leave Conversion 11
Bereavement Leave 11
Reassignment 12
•
Section 4. Fringe Benefits
Health/Dental Insurance 12
Retirement Benefits 13
Benefits Information Committee 13
Retiree Health Insurance 14
Disability Insurance 15
Employee Assistance Program 16
Annual Physical Examinations 16
Physical Conditioning Equipment/Apparel 16
Required Uniform 16
Section 5. Miscellaneous Provisions
Dues Check -off 16
Fire Suppression Staffing Levels 17
Jury Duty 17
Staff Assignment Schedule 17
Reduction in Force/Layoffs 17
Definitions 17
Procedures 18
Notice... 19
Re -Employment 19
Demotion 20
Severance Pay 20
Amortizing Payroll System 20
Discipline Plan 20
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Final
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA"), a recognized
employee organization, and the City of Newport Beach ("City"), a municipal
corporation and charter city, have been meeting and conferring, in good faith,
with respect to wages, hours, fringe benefits and other terms and conditions of
employment.
2. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment for
the period from January 1, 2002 to December 31, 2004 and this tentative
agreement has been embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA during the
meet and confer process leading to the adoption of the 2002-2004 MOU.
4. This MOU, upon approval by NBFMA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. - GENERAL PROVISIONS.
A. Recognition.
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges
that NBFMA is the majority representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of employment for all employees
in those classifications specified in Exhibit "A" or as appropriately modified in
accordance with the Employer/Employee Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from representation
by NBFMA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any ordinance, resolution or action of
the City Council necessary to implement this MOU shall be considered effective
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as of January 1, 2002 This MOU shall remain in full force and effect until
December 31, 2004; and the provisions of this MOU shall continue after the date
of expiration of this MOU in the event the parties are meeting and conferring on a
successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions and
policies of the City of Newport Beach, and federal and state statutes, rules and
regulations which either specifically provide that agreements such as this prevail,
confer rights which may be waived by any collective bargaining agreement, or
are, pursuant to decisional or statutory law, superseded by the provisions of an
agreement such as, or similar to, this MOU.
C. Scope.
1. All present written rules and currently established practices and employee rights,
privileges and benefits that are within the scope of representation shall remain in
full force and effect during the term of this MOU unless specifically amended by
the provisions of this MOU, or in the case of the Department SOP's falling within
the scope of representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within the scope
of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to NBFMA no less than seven
(7) days prior to implementation of the proposed change. If such proposed change
materially impacts any matter within the scope of representation, then the parties
agree to meet and confer over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50 .
D. Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire Department at their
present location for the posting of notices and bulletins relating to NBFMA
business, meetings, or events. All materials posted on bulletins boards shall
indicate the name of the organization responsible. Material posted shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of race, gender,
ethnicity, religion or other statutorily or constitutionally impermissible basis, as
well as any pornographic or obscene material.
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2. Material posted and messages sent through electronic mail (E-Mail) shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of race, gender,
ethnicity, religion or other statutorily or constitutionally impermissible basis, as
well as any pornographic or obscene material. E-Mail may be used for
Association business on a limited basis and consistent with Department Policy.
E. Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the life of this MOU, neither party shall be compelled to meet and
confer concerning any issue within the scope of representation except as expressly
provided herein or by mutual agreement of the parties. No representative of either party
has the authority to make, and none of the parties shall be bound by, any statement,
representation or agreement reached prior to the execution of this MOU and not set forth
herein.
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 provided, however, should the provisions of this MOU relating to salary increases,
fringe benefits, or the compensation policy be declared invalid the City shall provide
alternative forms of compensation such that NBFMA members suffer no financial
detriment by virtue of the decision or ruling with the manner and form of the
compensation to be determined by the parties after meeting and conferring in good faith.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express term of
the existing MOU has expired), the parties may agree on mediation pursuant to the
procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution.
I. Definitions.
For the purposes of this MOU these terms shall have the following meanings:
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1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned to
work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work an
average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the Orange
County Fire Authority.
SECTION 2. - COMPENSATION
A. Pay for Time Worked.
1. Guaranteed Salary/Total Compensation Adjustments.
(a) Effective the first payroll period December 29, 2001, the salary schedule
for the classifications represented by the Association shall be as specified
below. The salary for the position of Fire Battalion Chief shall maintain at
least a 9% salary differential between the top step of Fire Captain and the
bottom step of the Fire Battalion Chief. Adjustments to the salary of
Battalion Chief shall be reflected in corresponding adjustments to other
positions represented by NBFMA necessary to maintain the salary.
(b) Fire Management Association Represented Classifications:
Classification Percent of Battalion Chief Top Step
Fire Battalion Chief N/A
Staff Battalion Chief 112.5%
Deputy Fire Chief 118%
Fire Marshal 112.5%
Deputy Chief, Marine Div. 112.5% + $325/mo.
(i) Effective December 29, 2001, the City shall increase base salary
for the Battalion Chief classification by eight (8%) percent (with
increases for other classifications pursuant to the matrix above).
This increase is inclusive of a five (5%) percent market
adjustment.
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(ii) Effective January 11, 2003, the City shall increase base salary for
the Battalion Chief classification by three (3%) percent (with
increases for other classifications pursuant to the matrix above).
(iii) Effective June 28, 2003, the City shall increase base salary for the
Battalion Chief classification by two (2%) percent(with increases
for other classifications pursuant to the matrix above).
(iv) Effective January 10, 2004, the City shall increase base salary for
the Battalion Chief classification by three (3%) percent.
(v) Effective June 26, 2004, the City shall increase base salary for the
Battalion Chief classification by two (2%) percent.
2. Flex Leave Premium Pay Account.
On request NBFMA members shall have the right to receive pay, at the rate of
109% of their then current base salary, for any Flex Leave banked, up to a
maximum of 78 times their bi-weekly Flex Leave accrual rate as of June 30, 1994
(Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account
balance shall be shown on each member's regular pay stub. The Flex Leave
Premium Pay Account shall be reduced in accordance with member purchases.
Each member shall, upon termination, resignation, retirement or other separation
from service, receive terminal pay at the rate of 109% of their then current base
salary for all accrued Flex Leave to the full extent of the remaining balance in the
Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then
current base salary. The provisions of this section shall apply only to members
employed by the City of Newport Beach on or before June 30, 1994.
3. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program as of June 30,
1994 shall be entitled to receive pay, at the rate of 109% of their then current base
salary, for any accumulated Vacation Leave up to a maximum of 52 times their
bi-weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave
Premium Pay Account). The Vacation Leave Premium Pay Account balance shall
be shown on each members regular pay stub. The Vacation Premium Pay
Account balance shall be reduced commensurate with member purchases. Each
member shall, upon termination, resignation, retirement or other separation from
service, receive terminal pay at the rate of 109% of their then current base salary
for all accrued Vacation Leave to the full extent of the remaining balance in the
Vacation Leave Premium Pay Account with any remaining Vacation Leave paid
upon termination at the then current base salary. The provisions of this section
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shall apply only to members employed by the City of Newport Beach on or before
June 30, 1994.
4. Scholastic/Certificate Achievement Pay.
NBFMA members are entitled to additional compensation contingent upon
scholastic/certificate achievement ("Scholastic/Certificate Achievement Pay").
NBFMA members may apply for increases pursuant to this Section when eligible
and scholastic/certificate achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFMA member to apply for Scholastic/Certificate
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled to receive
scholastic/certificate achievement pay prior to the date the application is approved
even though the member may have been eligible prior to approval.
Scholastic/Certificate achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. NBFMA member shall receive scholastic
achievement pay in accordance with the following:
Years of College Monthly
Service: Semester/Unit: Comp:
2 or more 30 1.4%
3 or more 60 2.0%
3 90 2.6%
4 120 3.2%
4 B.A./B.S. 3.8%
• of base monthly top step Battalion Chief salary
6. Certificate Pay.
Coursework Monthly Compensation
Completion of coursework for 1%/mo base
Certified Chief Fire Officer
7. Court Standby Pay.
NBFMA members who, pursuant to Subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of employment
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or at the direction of their supervisor, are required, while off -duty, to remain
within a certain response time from court, shall be considered to be on "court
standby time" and shall receive four hours of pay for each eight hours of court
standby time. NBFMA members shall, when required to appear in court pursuant
to a Subpoena or the direction of their supervisor to testify at to matters relating to
their employment with the City, be considered to be on duty and shall be paid
accordingly. Members shall remit all witness fees received for testifying or
appearing on any matter for which the member is eligible to receive court standby
time.
8. Overtime - Hours Worked .
All approved paid overtime shall be paid at the straight time rate. The City and
Association agree that all unit classifications are properly exempted from the
provisions of the Fair Labor Standards Act. Overtime payments were decreased
from time and one-half to straight time by agreement of the parties as part of a
negotiation which increased the percentage spread between Battalion Chief and
Fire Captain. The overtime rate shall be taken into account when comparing total
compensation to benchmark positions in other agencies.
SECTION 3. - LEAVES
A Pay for Time Not Worked.
1. Vacation Selection System.
The City has implemented a vacation selection system (VSS) which phased out
mandatory scheduling for vacation relief in favor of leave coverage by paying
overtime to other members occupying the same position. The City commits to
maintain VSS subject to budgetary constraints outlined in this Section. The City
shall, for each fiscal year during the term of this MOU, adopt a budget which
provides for the payment of overtime specifically for the purpose of implementing
VSS. The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave time (leave) normally accrued by each member during a
fiscal year (total annual leave) multiplying total annual leave, by that member's
overtime rate of pay (value of leave) and then adding the value of leave for each
NBFMA member. Each member's overtime rate of pay shall be calculated on the
basis of the member's highest anticipated rate of pay during the upcoming fiscal
year. The total "value of leave" for all members shall be identified in the budget
as the "LEAVE COVERAGE FUND."
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2. Sick Leave.
Upon paid retirement, termination in good standing or death, but not termination
for cause or resignation in lieu of termination, any member or his/her estate shall
be paid, at the rate of 109% of their final base salary for a percentage of the
employees accrued but unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED
SICK LEAVE:
LESS THAN 10
10 BUT LESS THAN 15
15 BUT LESS THAN 20
20 OR MORE
NONE
25%
37.5%
50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours
of accrued Sick Leave for Staff Employees and the first 1200 hours for Line
employees (for example if a Line Employee had accumulated 1400 hours of Sick
Leave and retired after 16 years he or she would receive Terminal Sick Leave Pay
in a sum equal to 109% of their base salary per hour for 450 hours of Sick Leave -
1200 hours multiplied by .375).
B. Compensable Time Off.
1. Flex Leave.
(a) NBFMA personnel hired prior to 10/1/96, shall accrue flex leave at the following
rates. It is mutually understood that accrual rates have been modified to provide
for the longevity increase set forth below:
Years of
Cont. Svc
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
Line Employees
8.77
9.69
10.62
12.00
12.00
12.00
12.00
8
Leave Accrual Longevity
Hours/Pav Period Pay Increase
Staff Employees
6.26
6.92
7.58
8.57
8.57
8.57
8.57
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3:5%
Final
NBFMA personnel hired or rehired by the City of Newport Beach on or after
10/1/96 shall accrue flex leave at the following rates:
Years of Leave Accrual Leave Accrual Longevity
Cont. Svc Hours/Pay Period Hours/Pay Period Pay Increase
Line Personnel Staff Personnel
Less than 5 7.81
5 but less than 9 8.66
9 but less than 12 10.62
12 but less than 16 11.54
16 but less than 20 12.00
20 but less than 25 12.00
25 and over 12.00
5.58
6.19
7.59
8.24
8.57
8.57
8.57
(b) The Flex leave program shall be administered as follows:
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
(i) NBFMA members shall not accrue flex leave until continuously employed
by the Newport Beach Fire Department for a period of six (6) months
provided, however, if a member on the flex leave program becomes sick
during the first six months of employment, the City will advance up to six
(6) months of accrual for line employees for use by the member to recover
from illness.
In the event the City advances paid leave time and the employee is
tenninated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an amount
equal to the number of flex leave hours advanced multiplied by the
member's hourly rate of pay.
(ii) NBFMA members who are staff employees shall accrue six (6) months of
flex leave and line employees shall accrue six (6) months of flex leave
immediately upon completion of six (6) months continuous employment
with the Newport Beach Fire Department, provided however, this amount
shall be reduced by any flex leave time advanced during the first six
months of employment.
(iii) Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to flex
leave on an hour for hour basis with the current sick leave placed in a bank
to be used as provided in the Employee Policy Manual . Members
entitled to use sick leave pursuant to the Employee Policy Manual and
who are absent due to illness shall have their sick leave bank reduced by
the duration of the absence unless the member notifies appropriate
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department personnel that the absence should be charged to the member's
flex leave account.
(iv) Subject to the provisions of Section 2(A)(3), prior to the effective date of
this MOU, members were entitled to accrue flex leave up to a maximum of
78 times the member's bi-weekly accrual rate. Earned flex leave in excess
of the maximum permitted is currently paid bi-weekly at the member's
hourly rate of pay. NBFMA members may, at any time, elect to receive
pay (at the member's normal hourly rate) for all accrued flex leave in
excess of 72 hours for a line employees and 40 hours for staff employees.
However, NBFMA members may not elect to buy down accrued Flex
Leave below the current threshold for payment (78 times the member's bi-
weekly accrual rate) unless, during the twelve months preceding the
election, the member has taken at least ninety-six (96) hours of paid leave
if a line employee and eighty (80) hours of paid leave if a staff employee.
(v) All requests for scheduled flex leave shall be submitted to appropriate
department personnel. In no event shall a member take or request flex
leave in excess of the amount accrued.
(vi) Members shall be paid for all accrued flex leave at their then current
hourly rate of pay upon termination of the employment relationship.
(vii) Members currently in the vacation/sick leave program shall be provided a
one-time opportunity to convert to the flex -leave program during the
month of July, 2002. All changes shall be effective the first pay period in
January, 2002.
2. Holiday Time.
(a) Accrual. The provisions of this subsection shall apply to all NBFMA
members on a pro-rata basis. NBFMA members who are line employees
shall accrue holiday time at the rate of 5.54 hours per pay period.
NBFMA who are staff employees shall accrue holiday time at the rate of
3.96 hours per pay period.
All employees including Staff Employees shall receive their holiday time
in pay (PERSable). Holiday pay shall be paid bi-weekly with the regular
check.
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(b) Staff Employees.
Staff Employees may be required to take specified City holidays off, in the
sole discretion of the Fire Chief. Time will be charged against the
employee's flex (or vacation) leave bank.
3. Worker's Compensation Leave.
Any Safety NBFMA employee who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or in the course
of his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
4 Vacation/Sick Leave.
Administration of the vacation and sick leave program for members who have not
converted to flex leave shall be in accordance with the provisions of the
Employee Personnel Manual of the City of Newport Beach. Line employees shall
accrue sick leave at the rate of twelve hours per month and staff employees shall
accrue sick leave at the rate of eight hours per month.
5. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave bank greater than
a sum equal to eighty-six (86) times their normal bi-weekly sick leave accrual rate
and who have used six (6) or fewer days during the calendar year, may elect to
covert up to six (6) days of sick leave to three (3) days pay or, with the approval
of the Fire Chief, three (3) days of vacation. Members shall elect to convert to
sick leave within sixty (60) days after the end of any calendar year.
6. Family Sick Leave.
Unit employees shall be entitled to use one-half (1/2) of their annual sick leave
accrual for an illness of a dependent which requires the presence of the employee.
Leave shall be administered in accordance with the provisions of the Employee
Policy Manual. The provisions of this Section shall not be construed to affect or
reduce the right of any employee to any unpaid family medical leave authorized
by State or Federal law.
7. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family. Staff employees shall be entitled to
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five (5) working days of Bereavement Leave per calendar year while Line
Employees shall be entitled to ninety (90) hours of Bereavement Leave per
occurrence. Bereavement leave shall be administered in accordance with the
provisions of the Employee Policy Manual. The provisions of this Section shall
not diminish or reduce any rights a member may have pursuant to applicable
provisions of State or Federal law.
8. Reassignment.
In the event a line employee is reassigned to a staff position, or a staff employee is
reassigned to a line position, the City shall automatically convert the Flex Leave,
Vacation Leave, Sick Leave, Bereavement Leave and other benefits from the
position previously held to the newly assigned position provided. The ratio for
conversion of staff employee benefits to line employee benefit shall be 7/5 and the
ratio for converting line employee benefits to staff employee benefits shall be 5/7.
SECTION 4. - FRINGE BENEFITS
A. Insurance.
1. Health and Dental Insurance.
The City has implemented an IRS qualified Cafeteria Plan. NBFMA members
shall join this plan effective August 1, 2002. The City contribution toward the
Cafeteria Plan shall be as set forth below. In addition, the City shall contribute a
total of $16 towards medical insurance. Employees shall have the option of
allocating Cafeteria Plan contributions towards the City's existing medical, dental
and vision insurances/programs. The City and the Newport Beach Fire
Management Association will cooperate in pursuing additional optional benefits
to be available through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash
back. Employees shall be allowed to change coverages in accordance with plan
rules during regular open enrollment periods.
Effective January, 2002, the City's contribution towards health insurance
programs will be a maximum of $500.
Effective July, 2002, the City's contribution towards the Cafeteria Plan will be
$484 (plus the $16 medical contribution).
Effective January, 2003, the City's contribution towards the Cafeteria Plan will be
$534 (plus the $16 medical contribution).
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Effective January, 2004, the City's contribution towards the Cafeteria Plan will be
$559 (plus the $16 medical contribution).
Effective upon the ratification of this agreement, NBFMA members who do not
want to enroll in any health care plan offered by the City must provide evidence
of health care insurance coverage, and execute an opt out agreement releasing the
City from any responsibility or liability to provide health care insurance coverage
on an annual basis.
3. Retirement Benefits.
(a) Pursuant to Section 20615 of the California Govemment Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but
not to exceed 9% of the compensation earnable which PERS uses to
calculate retirement contributions and benefits. In addition, the amount of
this payment shall be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to the provisions
of Section 20023(c)(4) of the California Government Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20615 of the
California Government Code. NBFMA acknowledges that the City is
making this payment pursuant to a specific request of NBFMA to do so.
(b) The City's contract with PERS shall also provide for:
(i) A 3% @ 55 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
(ii) The military buy-back provisions pursuant to Section 20930.3 of
the California Govemment Code and the highest year benefit
pursuant to Section 20042.
(iii) The Level 4 1959 Survivors Benefit.
4. Benefits Information Committee.
The City shall meet with a medical - dental information committee on a quarterly
basis. The committee shall be comprised of one representative from each
bargaining unit and up to three management representatives. Committee advisory
function shall include determination of coverage, preparation and solicitation of
bids, consultation with the City's broker, determination of plan coverage, and
selection of carrier and coverage options. Meetings and determinations shall be
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coordinated to facilitate inclusion of findings or decisions in the collective
bargaining process.
5. Retiree Insurance.
(a) An employee is eligible for retiree medical benefits under this program
after seven years of service to the City of Newport Beach if the employee
retires from the City and is a PERS annuitant. This program is inclusive
of an employee's right to medical insurance coverage under the CaIPERS
medical insurance plan and the mandatory minimum of $16 per month
employer contribution to said plan on behalf of the annuitant.
(i) The City has implemented a $400 per month cap for retiree
medical insurance premium contributions as agreed to by the the
City and the Newport Beach Fire Management Association. In
accordance with existing agreements, the City and active
employees shall be responsible for 3/4ths (1/2 City and 1/4 actives)
of retiree medical insurance premium under this program to a
maximum of $400. Retirees shall be responsible for any remaining
medical insurance premiums. The employee's current share of the
retirement contribution in accordance with the formulas set forth
above shall be $27.47 per month. Effective March 9t6, 2002, the
employee's current share of the retirement contribution shall be
$34.06 per month. Subsequent contribution levels shall be set
annually, in accordance with the formula described above.
(ii) Prior to increasing the deductions for the employee's contribution
share, the City shall provide the NBFMA with documentation
supporting the need for said increase at least 90 days in advance of
the effective date of the increase. Upon request, City
representatives will meet and consult with NBFMA prior to any
increases in employee deduction levels. The parties agree that any
increase will take effect as soon as possible after January 1.
Accumulated funds from the employee and employer contributions
described above shall be held separate from the City's general
fund. These funds shall be kept in an interest bearing account and
may only be used to pay for unfounded retiree medical insurance
premiums not covered by the funds collected under D. (a) above.
In order to accumulate funds to meet the potential unfunded
liability in retiree medical insurance premium payments as
projected by the City's actuary and in addition to the contribution
in (a) above; each NBFMA unit employee will contribute $10 per
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month and the City shall contribute $20 per month into an interest
bearing trust account. These contributions will be continued until
the projected liability is satisfactorily funded (approximately 30
years), or until such time as the City and NBFMA mutually agree
to end the funding on behalf of NBFMA members.
Accumulated funds from the employee and employer contributions
described above shall be held separate from the City's general
fund. The funds for the unfunded liability account shall be kept in
an interest bearing account and may only be used to pay for
unfounded retiree medical insurance premiums not covered by the
funds collected under D.(a) above.
In the event the retiree medical insurance program described herein
is discontinued, NBFMA members will receive an accounting on
any remaining funds and the City will immediately meet and
confer with NBFMA on the distribution of said funds back to
active (not retired/full-time) City employees in the NBFMA unit.
The City will provide NBFMA with an annual report certified by
the City Finance Director describing the balance, interest earnings,
and any expenditures of the trust account described herein.
B. Disability Insurance.
The City provided disability insurance with the following provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $8,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits
under the disability insurance program. Employees may not supplement the disability
benefit with paid leave once the waiting period has been exhausted.
Employees are responsible for the payment of the disability insurance cost in the amount
of one (1.0%) percent of base salary. There will be no increase in the cost of the
disability insurance program for the term of this agreement.
15
Final
C. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly licensed provider.
NBFMA members may access the Employee Assistance Program at no cost subject to
provider guidelines.
D. Annual Physical Examinations.
All NBFMA members shall participate in the Department Fitness Program as outlined in
Department SOP.
E. Physical Conditioning Equipment/Apparel.
City shall provide workout apparel for each NBFMA member. Workout apparel shall
consist of three workout shirts and two trunks. NBFMA members shall wear City
provided workout apparel when working out on duty.
F. Required Uniform.
City shall pay the entire cost of providing NBFMA member with each component of the
required NBFD uniform. The required NBFD uniform includes safety shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing employee with socks,
underwear, cap or workout shoes, or other clothing.
The City will report the value of the required uniform at $750.00.
The City will provide an adequate number of reserve turnouts at each station to allow for
proper turnout cleaning/decontamination. This equipment will be used to temporarily
replace an employees personal turnout equipment that cannot be placed in service
because they are wet, contaminated, or aged. These reserve turnouts will be available by
August 1, 2002.
SECTION 5. - MISCELLANEOUS PROVISIONS
A. Dues Checkoff.
NBFMA members shall have the right to authorize the City to deduct regular monthly
NBFMA dues from their bi-weekly paycheck. The City shall deduct payment of
NBFMA dues when the employee has authorized such deduction and City shall remit all
payments to NBFMA in accordance with the terms of each member's authorization.
16
Final
B. Fire Suppression Staffing Levels.
Move -up coverage shall be used to staff the fire suppression battalion chief position in the
absence of available battalion chiefs.
C. Jury Duty.
NBFMA members who are assigned to line positions and are called to jury duty shall be
excused for each 24 hour shift during which the member is required to attend court and sit
on a jury or await assignment.
D. Staff Assignment Schedule
As a matter of past practice, staff employees have worked various schedules including
10/80, 8/80 and 9/80. Staff employees have, also as a matter of past practice, been
required to attend meetings or training sessions on days off by switching their normal day
off and have not received compensation. When the parties have agreed not to alter any
rights that members may have as a result of any past practice, NBFMA members shall
select, in writing, one of the preceding schedules of the schedule option selected. The
staff member shall be entitled to work that schedule unless that work schedule would
significantly interfere with the ability of the member to perform his/her required duties.
All NBFMA members assigned to work a forty hour work week shall have the option to
work any of the following schedules:
- Five eight hour days, Monday through Friday.
- Four ten hour days.
Nine eighty work schedule.
E. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in municipal services, a reduction
in the demand for service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the extent feasible, on
the basis of seniority within a particular Classification or Series and this Section should
be interpreted accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off' shall mean the non -disciplinary termination of
employment.
17
Final
(b) "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted permanent status, subject to the following:
(i) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification
or Series;
(ii) Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of absence.
(iii) For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within any
Series.
(c) "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or temporary positions.
Classifications within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
(d) "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities for
subordinates. The City Manager shall determine those Classifications
which constitute a Series.
(e) "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to displace a
Less senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for which the
employee does not possess the minimum qualifications such as specialized
education, training or experience, provided, however, the City shall allow
an employee to become re -certified as an EMT or a paramedic in the event
the employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those positions
the employee has previously held with the Department.
2. Procedures.
In the event the City Manager determines to reduce the number of employees
within a Classification, the following procedures are applicable:
18
Final
(a) Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
(b) Employees within a Classification shall be laid off in inverse order of
seniority;
(c) An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a
Series, provided, however, that the determination of the employee to be
terminated from the position of Firefighter shall be based on seniority
within the Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of' layoff
of his/her intention to exercise Bumping Rights.
(d) In the event two or more employees in the same Classification are subject
to layoff and have the same seniority, the employees shall be laid off in
inverse order of their position on the eligibility list or lists from which
they were appointed. In the event at least one of the employees was not
appointed from an eligibility list, the Department Director shall determine
the employee(s) to be laid off.
3. Notice.
Employees subject to lay-off shall be given at least thirty (30) days advance notice
of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid
off will be paid for all accumulated paid leave, holiday leave (if any), and
accumulated sick leave to the extent permitted by the Personnel Resolution.
4. Re -Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. Re-employment lists
will be valid for two (2) years. The re-employment list shall remain in effect until
exhausted by removal of all names on the list. In the event a vacant position
occurs in the Classification which the employee occupied at the time of layoff, or
a lower ranking Classification within a Series, the employee at the top of the
Department re-employment list shall have the right to appointment to the position,
provided, he or she reports to work within seven (7) days of written notice of
appointment. Notice shall be deemed given when personally delivered to the
employee or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her past known address. Any employee shall
have the right to refuse to be placed on the re-employment list or the right to
19
Final
remove his or her name from the re-employment list by sending written
confirmation to the Human Resources Director.
5. Demotion.
Permanent and probationary employees who are demoted because of reduced
staffing levels shall be placed on a Department promotional list in reverse order of
demotion. This promotional list shall remain in effect until exhausted by removal
of all names on the list.
6. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay-off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
F. Amortizing Payroll System.
The City shall establish an amortizing payroll system which will ensure that
compensation and benefits due to members be paid or conferred in twenty six (26) equal
bi-weekly installments during each calendar year.
G. Discipline Plan.
Employees of this Association are exempt from disciplinary leave of less than five (5)
days.
Executed thistnday of
20
,2002
CITY OF NEWPORT BEACH
By: ,
Tod Ridgew
Mayor
ATTEST:
By: gU rhm..�-- l % .
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham,/,City Attorney
21
Final
Final
EXIIIBIT A
FIRE MANAGEMENT ASSOCIATION
REPRESENTED CLASSIFICATIONS
Class
Code Classification
F300 Fire Battalion Chief
F305 Staff Battalion Chief
F310 Deputy Fire Chief
F315 Line Battalion Chief
F320 Fire Marshal
F325 Deputy Chief, Marine Div.
22
• •
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
This Amendment to the current Memorandum of Understanding between the City
of Newport Beach (City) and the , ewport Beach Fire Management Association
(NBFMA) is dated this 084 of , 1997, for purposes of identification and
is based on the following:
RECITALS
A. City and NBFMA are parties to a Memorandum of Understanding that
currently expires on December 31m, 1997 (Current MOU);
B. Subsequent to execution of the Current MOU, the City received notice
from PERS that, effective July 1, 1997, the rate of employer retirement contributions
would substantially increase with the amount of the increase contingent on the funding
horizon chosen by the City (2000, 2011 or 2016);
C. According to the Current MOU and long-standing pattern/practice, the
compensation paid to NBFMA members is negotiated and established on the basis of
"Total Compensation" which consists of three factors: salary, employer and employee
retirement contributions, and City employee health plan contributions;
D. According to a long-standing pattern/practice and consistent with the
concept of negotiating compensation of the basis of Total Compensation, the City has
increased the salaries of NBFMA members when PERS has decreased the employer
retirement contribution rate and decreased salaries when PERS has increased the
employer retirement contribution rate;
E. NBFMA members would experience substantial reductions in salary if, on
July 1, 1997, the City followed the established past pattem/practice in response to
increases in PERS employer contribution rates;
F. City and NBFMA intend, through this Amendment to:
1. Extend the term of the Current MOU for a period of one year;
2. Eliminate any provisions in the Current MOU that pertain to, and the past
pattern/practice of, reducing the salary of NBFMA members in response
to increases in the PERS employer contribution rate;
3. Eliminate provisions in the Current MOU that relate to, incorporate by
reference or describe any compensation policy, and the long-standing
pattern/practice which involves consideration of certain criteria in
negotiating increases in Total Compensation, subject to execution of a
Supplemental MOU (SMOU - copy attached as Exhibit "C") which commits
the City to maintain a certain level of Modified Total Compensation during
the term of the SMOU;
NOW, THEREFORE, the Parties agree as follows:
SECTION A AMENDMENTS TO CURRENT MOU
1. Paragraph "2" of the introductory paragraphs is amended to read as
follows;
"NBFMA representatives and City representatives have reached a
tentative agreement as to wages, hours and other terms and
conditions of employment for the period from January 1, 1996 to
December 31, 1998 and this tentative agreement has been
embodied in this MOU."
2. Paragraph "3" of the introductory paragraphs is amended to read as
follows:
" The City acknowledges and appreciates the cooperation of
NBFMA during the meet and confer process leading to the
adoption of the 1996-98 MOU.
3. Section 1 B1 is amended to read as follows:
"1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council necessary
to implement this MOU shall be considered effective as of
January 1, 1996. This MOU shall be effective as of January
1, 1996 and shall remain in full force and effect until
December 31, 1998. The provisions of this MOU shall
remain in effect subsequent to the date of expiration in the
event the parties are meeting and conferring on a successor
MOU as provided in the SMOU."
4. The provisions of Section 2A of the Current MOU are modified to read as
follows:
A. Pay for Time Worked
1. Salarv/Total Compensation Adjustments
2
(a) The Parties have agreed on salary differentials among the
various classifications represented by NBFMA, as well as
the relationship between each step in those classifications
and the Benchmark Position. These salary differentials and
the salary schedule (as of January 1, 1996) for all
classifications as represented by NBFMA are reflected in the
Matrix attached as Exhibit A. Subject to the provisions of
Subsection (b), the adjustments to Total Compensation
required by this MOU shall achieve and maintain the
following salary differentials reflected in the Matrix:
(b) Effective January 1, 1996, the salary for the bottom step Fire
Battalion Chief shall be five percent (5%) greater than the
salary for the top step Fire Captain. Concurrent with the
change in overtime compensation provided in Section 4 B
(Overtime), the salary of the bottom step Fire Battalion Chief
shall be six and three-quarters percent (6.75%) higher than
the top step Fire Captain.
(c) For purposes of this MOU, the term Benchmark Position
shall mean the top step firefighter of any municipal fire
department in Orange County without adjustment for any
specific combination of experience, training or education.
The Benchmark Position in Newport Beach is top step
Firefighter. The term Total Compensation shall mean a
combination of salary, retirement benefits (including
contributions required to be paid to PERS by an employer
and the contributions required to be paid by an employee
even if paid by the City) and health insurance contributions.
For purposes of determining Total Compensation, the salary
and retirement benefits shall be calculated using the amount
paid to, or on behalf of, the Benchmark Position and health
insurance contributions shall be calculated based on the
maximum contribution made by the employer on behalf of an
employee with two or more dependents who is enrolled in
the health plan having the largest number of employee
participants. The ranking and average Total Compensation
of the five (5) Benchmark Positions with the highest Total
Compensation of the Benchmark Position as any specific
date shall be calculated on the basis the information in the
survey conducted by the Orange County Division of the
League of California Cities (League Survey) current as of
the date specified for comparison as verified and/or
augmented by telephonic or written communication by the
City and/or NBFMA, the results of which shall be made
3
available to the other Party. The average Total
Compensation paid to the five (5) Benchmark Positions with
the highest Total Compensation shall be determined solely
on the basis of the factors specified in this MOU and without
regard to weighting, the number of officers or employees in
any municipal fire department or any other similar factor.
The term Criteria Salary shall mean the salary that must be
paid to the Benchmark Position in Newport Beach to achieve
the appropriate level of Total Compensation and not the
salary actually paid to the Benchmark Position in Newport
Beach which is beyond the control of the Parties.
(d) Effective October 1, 1996, the City shall adjust the salaries
for all classifications represented by NBFMA to reflect the
Criteria Salary of the Benchmark Position in Newport Beach
that would correspond to an increase in Total Compensation
paid to the Benchmark position in Newport Beach equal to
fifty percent (50%) of the difference, based on the League
Survey of July, 1995, between the average Total
Compensation paid to the five (5) Benchmark Positions with
the highest Total Compensation and the Benchmark
Position in Newport Beach
(e) Effective March 1, 1997, the salaries for all classifications
represented by NBFMA shall be adjusted to reflect a Criteria
Salary for the Benchmark Position in Newport Beach that
corresponds to a level of Total Compensation which is,
based on the League Survey published in July, 1996, equal
to the average Total Compensation paid to the five (5)
Benchmark Positions with the highest Total Compensation.
(f) Effective the first pay period in January, 1998, the City shall
increase salaries for all classifications represented by
NBFMA by 2%. NBFMA shall be entitled to reopen
negotiations solely on the issue of appropriate salary
adjustments as of the first pay period in January, 1998, in
the event the Consumer Price Index (Los Angeles/Long
Beach, all urban consumers) for the twelve month period
ending October 1, 1997, exceeds five percent (5%).
(g) Effective July 1, 1996, the City shall assume the payment of
the full employer retirement contribution increase for safety
employees (1.76%) without any corresponding reduction in
the salary or Total Compensation of any NBFMA member.
(h) Effective July 1, 1997, the City shall assume the payment of
the full employer retirement contribution increase for safety
employees (approximately 3.2%) without any corresponding
reduction in the salary or Total Compensation of any
NBFMA member
SECTION 2. CONTINGENCY
The SMOU constitutes the consideration for NBFMA's agreement to modify
and/or eliminate provisions of the Current MOU (Section 2A) and a long-standing
pattern/practice which mandate consideration of certain criteria in negotiating
adjustments to Total Compensation or Zink compensation of NBFMA members to the
compensation paid to other City employees. The SMOU ensures that the Modified
Total Compensation paid to NBFMA members will, during the term of the SMOU,
correspond to a level of Total Compensation of the Benchmark Position in Newport
Beach that is at least equal to the average Modified Total Compensation of the five (5)
Benchmark Positions with the highest Modified Total Compensation. Accordingly, this
Amendment shall not be effective until the SMOU is fully executed by authorized
representatives of the Parties.
NBFM
(f)/
NBFIVIA
r,/§d,�:�,
LaV• ne Harkless, City Clerk
Robert H. Burnham, City Attorney
Dennis Danner,
Administrative Services Director/Treasurer
DA
72
DA E
74/P7
DATE
F:\cat\mou\nbfma\amend.doc 7-22-97
5
•
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
This Supplemental Memorandum of Understanding (SMOU) between the City of
Newport Beach (City) and the Newport Beach Fire Management Association
(NBFMA) is dated the d3,,4 day of dome, , 1997 for purposes of identification and
is based on the following:
A. City and NBFMA have entered into an agreement to amend provisions of
the Current MOU (Amendment - copy attached).
B. This SMOU and the Amendment collectively achieve the objectives of the
Parties as indicated in the Amendment Recitals and implement the agreement of the
Parties with respect to matters beyond the term of the Amendment.
C. This SMOU is intended to establish general guidelines for meeting and
conferring regarding matters within the scope of representation while providing for
periodic and mandatory adjustments necessary to ensure that Modified Total
Compensation for NBFMA members, on specified dates during the term of this SMOU,
corresponds to a level of Total Compensation paid to Benchmark Position in Newport
Beach that is at least equal to the average of the Modified Total Compensation paid to
the five (5) Benchmark Positions with the highest Modified Total Compensation.
NOW, THEREFORE, the Parties agree as follows:
1. Definitions
For purposes of this SMOU, the terms Total Compensation, Benchmark
Position, Matrix and League Survey shall be defined/ calculated as
specified in the Amendment.
2. Term/Effective Date.
The term of this SMOU shall commence on July 1, 1998 and expire on
July 1, 2001. This SMOU shall be effective: (a) when signed by
authorized representatives of the Parties; and (b) upon execution of the
Amendment by authorized representatives of the Parties.
3. General Criteria for Negotiations.
The Parties shall, commencing in October of 1998, and October in 1999
and 2000 if required due to the expiration of an MOU approved
subsequent to the Amendment, meet and confer on all matters within the
1
scope of representation with the intent to reach agreement on an MOU to
be effective the first pay period the following January. In negotiating
adjustments to compensation, the Parties shall, during the term of this
SMOU, consider information regarding salaries and benefits paid to
equivalent positions by other municipal fire departments in Orange
County, increases or decreases in the Consumer Price Index or similar
indexes during the period since the last adjustment in compensation,
internal relationships, increases in salary, compensation or benefits
offered or provided to other City recognized employee associations,
matters fundamental to prudent fiscal policy and fiscal decisions such as
current and projected revenue, the level of reserves, unfunded contingent
obligations and potential liability claims, and any other information either
Party considers relevant to the issue.
4. Supplemental Adiustments
Effective the first pay period in July, 1998,1999, 2000, and 2001, the City
shall, if necessary, adjust Modified Total Compensation (Total
Compensation less employer retirement contributions but including
employer "pickup" or payment of employee retirement contributions) paid
to NBFMA members to correspond to a level of Modified Total
Compensation paid to the Benchmark Position in Newport Beach which is
at least equal to the average Modified Total Compensation paid to the five
(5) Benchmark Positions with the highest Modified Total Compensation.
The comparison of Modified Total Compensation shall be based on the
League Survey published in the preceding January, subject to verification
of accuracy by the City and/or NBFMA with the results of verification to be
shared by the Parties.
5. Adiustment Procedures
Once the appropriate adjustment in Modified Total Compensation of the
Benchmark Position has been agreed to (subsequent to meet and confer)
or calculated (in the case of adjustments in the first pay period in July that
may be necessary to comply with Section 4), City shall adjust the Modified
Total Compensation of all classifications represented by NBFMA in
accordance with the Matrix while maintaining the salary differentials
specified in the Amendment.
2
NBFMA
NBFMA
LaV
Debay, Mayor
ne Harkless, City Clerk
DAT
7/ 792
DATE
c%/P7
DATE
/c? 7
DATE
7
7-3/-97
Robert H. Burnham, City Attorney DATE
7$c)-?7
ennis Danner, DATE
Administrative Services Director/Treasurer
F:\cat\mou\nbfma\supp.doc
07-22-97
3
COUNCIL AGENDA
NO. /7 �►/��j��
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND THE
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
January 1, 1996 through December 31, 1997
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Section 1. - General Provisions
Recognition 1
Duration of Memorandum 1
Scope 2
Bulletin Boards 2
Conclusiveness 2
Modifications 2
Savings 3
Impasse 3
Definitions 3
Section 2. - Compensation
Salary/Total Compensation Adjustments 3
Flex Leave Premium Pay Account 4
Vacation Leave Premium Pay Account 4
Scholastic Achievement Pay 5
Court Standby Pay 5
Overtime - Hours Worked 5
Section 3. - Leaves
Vacation Selection System 6
Sick Leave 6
Flex Leave 6
Holiday Time 8
Worker's Compensation Leave 9
Vacation/Sick Leave 9
Sick Leave Conversion 9
Family Sick Leave 9
Bereavement Leave 10
Reassignment 10
Section 4. - Fringe Benefits
Health Insurance 10
Retirement Benefits 10
Medical Advisory Committee 11
Retiree Insurance 11
Health Care Opt Out 11
Short Term Disability/Long Term Disability 12
Employee Assistance Program 12
Annual Physical Examinations 13
Physical Conditioning Equipment/Apparel 13
Required Uniform 13
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Page 2
Section 5. - Miscellaneous Provisions
Schedule 13
Dues Checkoff 13
Fire Suppression Staffing Levels 13
Jury Duty 14
Staff Assignment Schedule 14
Reduction in Force/Layoffs 14
Amortizing Payroll System 16
Progressive Discipline Plan 16
Exhibit A
•
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOO") is entered
into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA"), a recognized employee
organization, and the City of Newport Beach, ("City"), a municipal corporation and
charter city, have been meeting and conferring,. in good faith, with respect to wages,
hours, fringe benefits and other terms and conditions of employment.
2. NBFMA representatives and City representatives have reached a tentative agreement as
to wages, hours and other terms and conditions of employment for theiperiod from
January 1, 1996 to December 31, 1997 and this tentative agreement has been embodied
in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA duringthe meet and
confer process leading to the adoption of the 1996-97 MOU. •.
4. This MOU, upon approval by NBFMA and the Newport Beach City Coundil, represents
the total and complete understanding and agreement between the parties': regarding all
matters within the scope of representation.
SECTION 1. - GENERAL PROVISIONS.
A. Recognition.
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 7173, the City acknowledges that
NBFMA is the majority representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of employment for 411 employees
in those classifications specified in Exhibit "A" or as appropriately modified in
accordance with the Employer/Employee Resolution. All other classifications and
positions not specifically included within Exhibit "A" are excluded from representation
by NBFMA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any ordinance, resolution or action of
the City Council necessary to implement this MOU shall be considered effective
as of January 1, 1996. This MOU shall remain in full force and effect until
December 31, 1997, and the provisions of this MOU shall continue ',after the date
of expiration of this MOU in the event the parties are meeting and conferring on a
successor MOU.
2. The terns and conditions of this MOU shall prevail over ant conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions and
policies of the City of Newport Beach, and federal and state statutes, rules and
regulations which either specifically provide that agreements such as this prevail,
confer rights which may be waived by any collective bargaining agreement, or
are, pursuant to decisional or statutory law, superseded by the provisions of an
agreement such as, or similar to, this MOU.
C. Scope.
1. All present written rules and currently established practices and employee rights,
privileges and benefits that are within the scope of representation shall remain in
full force and effect during the term of this MOU unless specifically amended by
the provisions of this MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive
and non-exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 7173 (copy attached as
Exhibit "B").
D. Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire Department at their
present location for the posting of notices and bulletins relating to NBFMA
business, meetings, or events. All materials posted on bulletins boards shall
indicate the name of the organization responsible. Material posted shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of race, gender,
ethnicity, religion or other statutorily or constitutionally impermissible basis, as
well as any pomographic or obscene material.
2. Material posted and messages sent through electronic mail (E-Mail) shall not
contain personal attacks on any City official or employee, any material which
constitutes harassment, discrimination or retaliation on the basis of race, gender,
ethnicity, religion or other statutorily or constitutionally impermis$ible basis, as
well as any pornographic or obscene material. E-Mail may be used for
Association business on a limited basis and consistent with Department Policy.
E. Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions agreed upon by the
parties. Therefore, for the life of this MOU, neither party shall be compelled to meet and
confer concerning any issue within the scope of representation except as expressly
provided herein or by mutual agreement of the parties. No representative Of either party
has the authority to make, and none of the parties shall be bound by, any statement,
representation or agreement reached prior to the execution of this MOU and not set forth
herein.
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.
2
• •
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 pdrtions of this
MOU provided, however, should the provisions of this MOU relating to salary increases,
fringe benefits, or the compensation policy be declared invalid the City :shall provide
alternative forms of compensation such that NBFMA members sufferi no financial
detriment by virtue of the decision or ruling with the manner and !form of the
compensation to be determined by the parties after meeting and conferring ii good faith.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express term of
the existing MOU has expired), the parties may agree on mediation pursuant to the
procedure outlined in Section 10 of Resolution No. 7173 or a successor resolution. -
Definitions.
For the purposes of this MOU these terms shall have the following meaning§:
1. The term "member" or "NBFMA member" shall mean all persons within
classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is assigned to
work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member assigned to work an
average 56 hour workweek in 24 hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire
Departments" shall mean all City operated Fire Departments and the Orange
County Fire Authority.
SECTION 2. - COMPENSATION
A. Pay for Time Worked.
1. Salary/Total Compensation Adjustments.
i) Effective January 1, 1996, the salary schedule for the classifications
represented by the Association shall be as specified in Exhibit "A." The
salary for the position of Fire Battalion Chief shall maintainiat least a 5%
salary differential between the top step of Fire Captain and the bottom step
of the Fire Battalion Chief. Adjustments to the salary of Battalion Chief
shall be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary.
ii) Upon ratification, concurrent with the change in overtime compensation
called out in Section 4 B (Overtime) below, the salary for unit
classifications shall be further adjusted so that the salary differential
between top step of Fire Captain and bottom step of Fire Battalion Chief
shall increased by 1.75%.
3
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iii) Effective July 1, 1996, the City shall pay the July 1st, 1996 increase in
the employer retirement rate for all NBFMA members without any
corresponding reduction in salary for any NBFMA member.
Effective October 1, 1996, the City shall increase Fire Battalion Chief's
salaries by 1/2 of any increase in salary which would be granted to the
position of Fire Captain (benchmark position) utilizing the formula in the
Fire Unit Memorandum of Understanding based upon July 1995
comparison data. Adjustments to the salary of Battalion Chief shall be
reflected in corresponding adjustments to other positions represented by
NBFMA.
v) The remaining fifty (50% ) percent adjustment necessar}j to reach the
X
salary which would be granted to the position of Fire Captain based upon
the compensation formula in the Fire Unit Memorandum of Understanding
shall be paid effective March 1997 utilizing the July 1990 comparison
data. Adjustments to the salary of Fire Battalion Chief shall be reflected
in corresponding adjustments to other positions represented by NBFMA.
\/vi) The adjustments outlined in iv) and v) will be paid based upon the
/J\ benchmark calculation, regardless of whether or not adjustntients are made
for the Fire Captain classification.
2. Flex Leave Premium Pay Account.
On request NBFMA members shall have the right to receive pay,at the rate of
109% of their then current base salary, for any Flex Leave banked, up to a
maximum of 78 times their bi-weekly Flex Leave accrual rate as of June 30, 1994
(Flex Leave Premium Pay Account). The Flex Leave Premium; Pay Account
balance shall be shown on each member's regular pay stub. Thp Flex Leave
Premium Pay Account shall be reduced in accordance with member purchases.
Each member shall, upon termination, resignation, retirement or other separation
from service, receive terminal pay at the rate of 109% of their then current base
salary for all accrued Flex Leave to the full extent of the remaining balance in the
Flex Leave Premium Pay Account with any remaining Flex Leave paid at the then
current base salary. The provisions of this section shall apply only to members
employed by the City of Newport Beach on or before June 30, 1994:
3. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program as of June 30,
1994 shall be entitled to receive pay, at the rate of 109% of their thedn current base
salary, for any accumulated Vacation Leave up to a maximum of 52 times their
bi-weekly Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave
Premium Pay Account). The Vacation Leave Premium Pay Account balance shall
be shown on each members regular pay stub. The Vacation Premium Pay
Account balance shall be reduced commensurate with member. purchases. Each
member shall, upon termination, resignation, retirement or other separation from
service, receive terminal pay at the rate of 109% of their then current base salary
for all accrued Vacation Leave to the full extent of the remaining balance in the
Vacation Leave Premium Pay Account with any remaining Vacation Leave paid
upon termination at the then current base salary. The provisions of this section
4
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shall apply only to members employed by the City of Newport Beach on or before
June 30,1994.
4. Scholastic Achievement Pay.
NBFMA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). NBFMA members may
apply for increases pursuant to this Section when eligible acid scholastic
achievement pay shall be included in the member's paycheck for t1e pay period
immediately after approval by the Fire Chief. It is the responsibility of the
NBFMA member to apply for Scholastic Achievement Pay. Approval of the
member's application shall not be unreasonably withheld or delayed, and the
member shall not be entitled to receive scholastic achievement pay prior to the
date the application is approved even though the member may have been eligible
prior to approval. Scholastic achievement pay is contingent upon years of service
and number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. NBFMA member shall receive scholastic
achievement pay in accordance with the following:
Years of College Monthly
Service: Semester/Unit: Compensation:
2 or more 30 $70.00
3 or more 60 $100.00
3 90 $135.00
4 or more 90 $135.00
4 120 $175.00
4 B.A./B.S. $225.00
5. Court Standby Pay.
NBFMA members who, pursuant to Subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of employment
or at the direction of their supervisor, are required, while off -duty, to remain
within a certain response time from court, shall be considered to j be on "court
standby time" and shall receive four hours of pay for each eight hours of court
standby time. NBFMA members shall, when required to appear in cloud pursuant
to a Subpoena or the direction of their supervisor to testify at to matters relating to
their employment with the City, be considered to be on duty and 'shall be paid
accordingly. Members shall remit all witness fees received fort testifying or
appearing on any matter for which the member is eligible to receive court standby
time.
6. Overtime - Hours Worked .
Effective October 1, 1996, all approved paid overtime shall be paid at the straight
time rate. The City and Association agree that all unit classifications are properly
exempted from the provisions of the Fair Labor Standards Act.
5
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SECTION 3. - LEAVES
A. Pay for Time Not Worked
1. Vacation Selection System
The City has implemented a vacation selection system (VSS) which
phased out mandatory scheduling for vacation relief in favor of leave
coverage by paying overtime to other members occupying the same
position. The City commits to maintain VSS subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year
during the term of this MOU, adopt a budget which provides for the
payment of overtime specifically for the purpose of implementing VSS.
The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave time (leave) normally accrued by each member
during a fiscal year (total annual leave) multiplying total annual leave, by
that member's overtime rate of pay (value of leave) and then adding the
value of leave for each NBFMA member. Each member's overtime rate of
pay shall be calculated on the basis of the member's highest anticipated
rate of pay during the upcoming fiscal year. The total "value of leave" for
all members shall be identified in the budget as the "LEAVE COVERAGE
FUND!'
2. Sick Leave.
Upon paid retirement, termination in good standing or death, but not
termination for cause or resignation in lieu of termination, airy member or
his/her estate shall be paid, at the rate of 109% of their final base salary for
a percentage of the employees accrued but unused Sick Leave computed
as follows:
YEARS OF SERVICE: PERCENT OF UNUSED
SICK LEAVE:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the first 800 hours of
accrued Sick Leave or Staff Employees and the first 1200 hours for Line employees (for
example if a Line Employee had accumulated 1400 hours of Sick Leave and retired after
16 years he or she would receive Terminal Sick Leave Pay in a sum equal to 109% of
their base salary per hour for 450 hours of Sick Leave - 1200 hours multipliebd by .375).
B. Compensable Time Off.
1. Flex Leave.
(a) Subject to the provisions of subsection (b), NBFMA members shall accrue
flex leave as follows:
6
Years
of Con't. Svc,:
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period:
Line Employees
8.77
9.69
10.62
12.00
12.92
13.85
14.77
Leave Accrual
Hours/Pay Period
Staff Employees
6.26
6.92
1.58
8.57
9.23
9.89
10.55
1
Effective 10/1/96 current NBFMA personnel shall accrue flex leave at
the following rates. It is mutually understood that accrual rates have,
been modified to provide for the longevity increase set forth below: 1
Years of
Con't.. Svc
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
Line Employees
8.77
9.69
10.62
12.00
12.00
12.00
12.00
Leave Accrual
Hours/Pav Period
Staff Employees
6.26
6.92
7.58
8.57
8.57
8.57
8.57
Longevity
Increase
0.00%
0.00%
Q.00%
0.00%
1.00%
1.75%
2.50%
NBFMA personnel hired or rehired by the City of Newport Beach crn or after
10/1/96 shall accrue flex leave at the following rates: 1
Years of
Con't.. Svc
Less than 5
5 but less than 9
9butlessthan 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
Line Personnel
6.89
7.74
9.04
10.18
12.00
12.00
12.00
Leave Accrual Longevity
Hours/Pay Period hicrease
Staff Personnel i
4.92 0.00%
5.53 0.00%
6.46 0.00%
7.28 0.00%
8.57 1.00%
8.57 1.75%
8.57 2.50%
(b) The Flex leave program shall be administered as follows:
(i) NBFMA members shall not accrue flex leave until continuously
employed by the Newport Beach Fire Department fbr a period of
six (6) months provided, however, if a member on the flex leave
program becomes sick during the first six months of employment,
the City will advance up to 81 hours of paid leave time to staff
employees and 114 hours of paid leave time for line employees for
use by the member to recover from illness.
• •
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced
multiplied by the member's hourly rate of pay.
(ii) NBFMA members who are staff employees shall accrue 81 hours
of flex leave and line employees shall accrue 114 hours of flex
leave immediately upon completion of six (6) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first six months of employment.
(iii) Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to
flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in Section 703 et seq. of
the Personnel Resolution. Members entitled to use sick leave
pursuant to Section 703.1 of the Personnel Resolution and who are
absent due to illness shall have their sick leave bank reduced by the
duration of the absence unless the member notifies appropriate
department personnel that the absence should be charged to the
member's flex leave account.
(iv) Subject to the provisions of Section 2(A)(3), prior tothe effective
date of this MOU, members were entitled to accrue flex leave up to
a maximum of 78 times the member's bi-weekly accrual rate.
Earned flex leave in excess of the maximum permitted is currently
paid bi-weekly at the member's hourly rate of pay. NBFMA
members may, at any time, elect to receive pay (at the member's
normal hourly rate) for all accrued flex leave in excess of 72 hours
for a line employees and 40 hours for staff employees. However,
NBFMA members may not elect to buy down accrued Flex Leave
below the current threshold for payment (78 times the members
bi-weekly accrual rate) unless, during the twelve months preceding
the election, the member has taken at least ninety-six (96) hours of
paid leave if a line employee and eighty (80) hours oflpaid leave if
a staff employee.
(v) All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a ;member take
or request flex leave in excess of the amount accrued.
(vi) Members shall be paid for all accrued flex leave at their then
current hourly rate of pay upon termination of the employment
relationship.
2. Holiday Time.
(a) Line Employees. The provisions of this subsection shall apply only to
NBFMA members who are line employees during all or a portion of any
calendar year and, as to those members who are line employees for only a
portion of the year, the provisions of this subsection shall be applicable on
8
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(b)
a pro-rata basis. NBFMA members who are line employees shall accrue
holiday time at the rate of 5.077 hours per pay period. Holiday time shall
be added to the member's Administrative Bank on a bi-week1ly basis. The
Administrative Leave Bank shall be a separate account maintained by the
Fire Chiefs Secretary.
Effective October 1, 1996, all Line Employees shall receive their holiday
time in pay (PERSable). Holiday pay shall be paid bi-weekly with the
regular check. .
Staff Employees . Staff employees shall receive the following fully paid
holidays:
New Years Day, Presidents Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day and the day after
Thanksgiving, one-half day on Christmas Eve, Christmas„ and one-half
day on New Years Eve. In addition, Staff employees will !be entitled to
two floating holidays at the members election. Effective July 1, 1996, one
floating holiday shall be eliminated.
3. Worker's Compensation Leave.
Any NBFMA member who has been incapacitated by reason of any injury or
illness which has been determined to have arisen out of or in the curse of his or
her employment shall receive compensation in accordance with the: provisions of
Section 4850 et. seq. of the Labor Code of the State of' California.
4. Vacation/Sick Leave.
Administration of the vacation and sick leave program for members; who have not
converted to flex leave shall be in accordance with the provisions of the Personnel
Resolution of the City of Newport Beach. Line employees shall accrue sick leave
at the rate of twelve hours per month and staff employees shall accrue sick leave
at the rate of eight hours per month.
5. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave bank greater than
a sum equal to eighty-six (86) times their normal bi-weekly sick leaye accrual rate
and who have used six (6) or fewer days during the calendar year, may elect to
covert up to six (6) days of sick leave to three (3) days pay or, with the approval
of the Fire Chief, three (3) days of vacation. Members shall elect to convert to
sick leave within sixty (60) days after the end of any calendar year.
6. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of accrued sick leave per
calendar year and line employees shall be entitled to use forty-eight (48) hours of
sick leave per calendar year for an illness of a dependent which requires the
presence of the employee. Family Sick Leave shall be administered in
accordance with the provisions of Sections 703.4.2.1 of the Personnel Resolution.
The provisions of this Section shall not be construed to affect or reduce the right
9
of any employee to any unpaid family medical leave authorized by State or
Federal law.
7. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family. Staff employees shall be entitled to
five (5) working days of Bereavement Leave per calendar year while Line
Employees shall be entitled to ninety (90) hours of Bereavement Leave per
occurrence. Bereavement leave shall be administered in accordance with the
provisions of Section 705 of Resolution No. 88-13. The provisions of this Section
shall not diminish or reduce any rights a member may have pursuant to applicable
provisions of State or Federal law.
8. Reassignment.
In the event a line employee is reassigned to a staff position, or a staff employee
is reassigned to a line position, the City shall automatically convert the Flex
Leave, Vacation Leave, Sick Leave, Bereavement Leave and other benefits from
the position previously held to the newly assigned position provid$d. The ratio
for conversion of staff employee benefits to line employee benefit shall be 7/5 and
the ratio for converting line employee benefits to staff employee benefits shall be
5/7.
SECTION 4. - FRINGE BENEFITS
A. Insurance.
1. Health Insurance.
The City shall make available to all NBFMA members the PERS health insurance
programs and a second health care plan as long as permitted by PERS. City shall
pay the health and dental premium for each NBFMA member, up tp a maximum
of $400 per month.
2. Retirement Benefits.
a) Pursuant to Section 20615 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by th5s agreement,
the entire required normal "safety member" retirement contribution, but
not to exceed 9% of the compensation earnable which AERS uses to
calculate retirement contributions and benefits. In addition, the amount of
this payment shall be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to the provisions
of Section 20023(c)(4) of the California Govemment Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20615 of the
California Government Code. NBFMA acknowledges Met the City is
Making this payment pursuant to a specific request of NBFMA to do so.
b) The City's contract with PERS shall also provide for:
10 1
• •
1. A 2% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code
2. The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest; year benefit
pursuant to Section 20042.
3. Medical Advisory Committee.
The City shall meet with a medical - dental advisory committee during the months
of July, November, January and May. The committee shall be comprised of one
representative from each bargaining unit and up to three management
representatives. Committee advisory function shall include determination of
coverage, preparation and solicitation of bids, consultation with the City's broker,
determination of plan coverage, and selection of carrier and coverage options.
Meetings and determinations shall be coordinated to facilitate; inclusion of
findings or decisions in the collective bargaining process. NBFMA and the City
have worked together in the selection of a new health care provider. This process
involved participation in the medical advisory committee and the meet and confer
process.
4. Retiree Insurance.
a. City shall provide a retiree health insurance plan through the City's group
health plan carrier and PERS. NBFMA agrees that twent}i five percent
(25%) of the cost of providing health insurance to retirees pursuant to the
City's group health care plan will be borne by probationary and regular
employees of the City of Newport Beach and that NBFMA members shall
pay their pro-rata share of the active employee contribution to retiree
health insurance. The member's contribution shall be the same as other
Newport Beach employees and is calculated by dividing 25']% of the cost
of providing retiree health insurance by the number of probationary and
regular employees of the City of Newport Beach and dividing that number
by 26 to determine the amount the bi-weekly payroll deduction.
b. The parties agree that during the term of this Agreement, the maximum
combined contribution by the City and active employees for retiree
medical insurance shall not exceed $400.00 per month.
Further, the City and Association agree to work, through] a City wide
committee, on a variety of issues involving retiree medical insurance in an
attempt to achieve cost containment and equity amongst the City's retiree
medical programs.
5. Health Care Opt Out
Employees will be allowed to opt out of the City's health plans (Medical, dental
and vision), and if they choose to do so they shall receive $200 per month. To
qualify the employee would be required to supply evidence of alternative medical
coverage, and to sign a hold harmless agreement, releasing the city from any
responsibility as a health care provider.
i •
11
B. Short Tenn Disability/Long Term Disability.
The following provisions shall control a members' payment for, and access to, eligibility
for short term and long term disability plans or programs.
1. Payment. Line employees shall pay the full cost of any short term end long term
disability plan or program until he or she has accrued 120 hours of flex leave/sick
leave, 50 percent of the cost after accruing between 120 hours and 2310 hours, and
City shall pay the full cost upon accrual of more than 240 hours of flex leave/ sick
leave. Staff employees shall pay the full cost of any disability plan or program
until they have accrued at least 80 hours of flex leave/ sick leave, 50 percent of
the cost when they have accrued more than 80 hours, but less than 160 hours, and
City shall pay full cost upon accrual of 160 hours or more of flex leave/ sick
leave. Whenever any line employee has accrued at least 240 hours of flex leave/
sick leave, and when any staff employee has accrued at least 160 hours of flex
leave/ sick leave for a period of 24 months or more, City shall pay the full cost of
that member's disability plan or program so long as the member is employed with
the Newport Beach Fire Department.
2. A member shall not be entitled to receive short term or long term disability
benefits unless:
(a) - The member is enrolled in the appropriate disability program;
(b) The employee has exhausted all accrued sick leave;
(c) Flex leave program. The member must use at least 5 days, or 1/3, of
accrued sick leave, whichever is greater. Any staff emplgyee who has
used at least 160 hours of sick leave, or any line employee who has used at
least 240 hours of sick leave for the injury or illness which results in
disability shall not be required to use flex leave as a precondition to
accessing the short term/long term disability program.
(d) The member has completed a 5 day waiting period, which may be satisfied
by use of accrued flex leave, sick leave or authorized unpaid';absence from
work.
3. Disability benefits shall be calculated on the basis of a percentage of a member's
salary. The maximum benefit for non -industrial claims shall be $5,000 per month.
In the case of an industrial disability, benefits provided pursuant to this subsection
shall not be paid on any portion of a member's salary in excess of $2,625.00 per
month and the maximum benefit for industrial disability claims shall; be $1,750.00
per month. The limitations on industrial disability claims are imposed in light of
entitlement to supplemental industrial disability income pursuant to Section 803.4
of Resolution 88-13 and the provisions of Section 4850 et seq. of the Labor Code
of the State of California.
C. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly licensed provider.
NBFMA members may access the Employee Assistance Program at no cost subject to
provider guidelines.
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D. Annual Physical Examinations.
All NBFMA members are eligible, but not required, to receive, at their option and at
City's expense, a complete annual health fitness evaluation from Centinela Hospital or an
annual medical examination from Dr. Lynn Stanton. The health fitness evaluation, and
the comprehensive medical examination shall include limited cancer; screening as
specified in the contract between the medical vendor and the City. The cost of the
examination or evaluation shall not be included in the calculation; of the total
compensation. Members who elect to receive a health fitness Evaluation or
comprehensive medical examination shall do so on their own time. Members who elect
to receive the health fitness evaluation or comprehensive medical evaluation shall sign a
consent form authorizing the vendor to advise the Fire Chief, in writing, ifthe employee
is physically fit to perform his/her normal duties.
E. Physical Conditioning Equipment/Apparel.
City shall provide workout apparel for each NBFMA member. Workout apparel shall
consist of three workout shirts and two trunks. NBFMA members shall wear City
provided workout apparel when working out on duty.
F. Required Uniform.
City shall pay the entire cost of providing NBFMA member with each component of the
required NBFD uniform. The required NBFD uniform includes safety shoes, badges and
insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing employee with socks,
underwear, cap or workout shoes, or other clothing.
SECTION 5.- MISCELLANEOUS PROVISIONS
A. Dues Checkoff.
NBFMA members shall have the right to authorize the City to deduct regular monthly
NBFMA dues from their bi-weekly paycheck. The City shall deduct payment of
NBFMA dues when the employee has authorized such deduction and City shall remit all
payments to NBFMA in accordance with the terms of each members authorization.
B. Fire Suppression Staffing Levels.
Moveup coverage shall be used to staff the fire suppression battalion chief position in the
absence of available battalion chiefs.
C. Jury Duty.
NBFMA members who are assigned to line positions and are called to jury duty shall be
excused for each 24 hour shift during which the member is required to attend court and
sit on a jury or await assignment.
D. Staff Assignment Schedule
As a matter of past practice, staff employees have worked various schedules including
10/80, 8/80 and 9/80. Staff employees have, also as a matter of past practice, been
required to attend meetings or training sessions on days off by switching their normal day
13
off and have not received compensation. When the parties have agreed ndt to alter any
rights that members may have as a result of any past practice, NBFMA members shall
select, in writing, one of the preceding schedules of the schedule option selected. The
staff member shall be entitled to work that schedule unless that work schedule would
significantly interfere with the ability of the member to perform his/her required duties.
All NBFMA members assigned to work a forty hour work week shall have! the option to
work any of the following schedules:
- Five eight hour days, Monday through Friday.
- Four ten hour days.
- Nine eighty work schedule.
E. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated:reductions in
revenue, reorganization of the work force, a reduction in municipal services, a reduction
in the demand for service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the extetit feasible, on
the basis of seniority within a -particular Classification or Series and this Section should
be interpreted accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off" shall mean the non -disciplinary termination of
employment.
(b) "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted permanent status, subject to the following:
(I) Credit shall be given only for continuous service subsequent to the
most recent appointment to permanent status in the Classification
or Series;
(ii) Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not! include time
spent on any other authorized or unauthorized leave of absence.
(iii) For purposes of determining layoffs within any Classification,
seniority shall mean the time an employee has worked within any
Series.
(c) "Classification" shall mean one or more full time positions identical or
similar in duties and embraced by a single job title authorized in the City
budget and shall not include part-time, seasonal or tempor{uy positions.
Classifications within a Series shall be ranked according tO pay (lowest
ranking, lowest pay).
(d) "Series" shall mean two or more Classifications within 4 Department
which require the performance of similar duties with the higher ranking
Classification(s) characterized by the need for less supervision by
superiors, more difficult assignments, more supervisory responsibilities
14
•
for subordinates. The City Manager shall determine those Classifications
which constitute a Series.
(e) "Bumping Rights", "Bumping" or "Bump" shall mean thee right of an
employee in a higher Classification who is subject to layoff; to displace a
less senior employee in a lower Classification within the Series. No
employee shall have the right to Bump into a Classification for which the
employee does not possess the minimum qualifications such Os specialized
education, training or experience, provided, however, the City shall allow
an employee to become re -certified as an EMT or a paramedic in the event
the employee's certification has expired due to promotion to another
position. An employee has the right to "Bump" into only those positions
the employee has previously held with the Department.
2. Procedures.
In the event the City Manager determines to reduce the number of eniiployees
within a Classification, the following procedures are applicable:
(a) Temporary and probationary employees within any Classification shall, in
that order, be laid off before permanent employees.
(b) Employees within a Classification shall be laid off in inverse order of
seniority;
(c) An employee subject to layoff in one Classification shall have the right to
Bump a less senior employee in a lower ranking Classification within a
Series, provided, however, that the determination of the employee to be
terminated from the position of Firefighter shall be based on seniority
within the Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of layoff
of his/her intention to exercise Bumping Rights.
(d) In the event two or more employees in the same Classification are subject
to layoff and have the same seniority, the employees shall be laid off in
inverse order of their position on the eligibility list or Lists from which
they were appointed. In the event at least one of the employees was not
appointed from an eligibility list, the Department Director shall determine
the employee(s) to be Laid off.
3. Notice.
Employees subject to lay-off shall be given at least thirty (30) days advance
notice of the layoff or thirty (30) days pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave (if
any), and accumulated sick leave to the extent permitted by the Personnel
Resolution.
4. Re -Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re-employment list in reverse order of layoff. The re-employment list
shall remain in effect until exhausted by removal of all names on the list. In the
15
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event a vacant position occurs in the Classification which the employee occupied
at the time of layoff, or a lower ranking Classification within 'a Series, the
employee at the top of the Department re-employment list shall have the right to
appointment to the position, provided, he or she reports to work within seven (7)
days of written notice of appointment. Notice shall be deemed given when
personally delivered to the employee or deposited in the U.S. Mail, certified,
return receipt requested, and addressed to the employee at his or hqr past known
address. Any employee shall have the right to refuse to be placed on the re-
employment list or the right to remove his or her name from the reemployment
list by sending written confirmation to the Personnel Director.
5. Demotion.
Permanent and probationary employees who are demoted because of reduced
staffing levels shall be placed on a Department promotional list in reverse order of
demotion. This promotional list shall remain in effect until exhausted by removal
of all names on the list.
6. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay-off, receive one
week severance pay for each year of continuous service with the City of Newport
Beach.
G. Amortizing Payroll System.
The City shall establish an amortizing payroll system which will ensure that
compensation and benefits due to members be paid or conferred in twenty six (26) equal
bi-weekly installments during each calendar year.
H. Progressive Discipline Plan.
City and NBFMA shall develop a Progressive Discipline Plan to be incorporated, by
reference, into this MOU. Employees of this Association are exempt from disciplinary
leave of less than five (5) days.
16
Executed this day of
Bv:
By.
1996:
/ IWO"
//i
NBFMA
CITY OF NEWPORT BEACH
By:
ATTEST:
John Hedges
Mayor
By: �/ �� "jP2J
LaVonne Harkless, City Clerk
API • VED AS TO FORM:
obert H. Burnham, City Attorney
17
EXHIBIT A
FIRE MANAGEMENT ASSOCIATION
REPRESENTED CLASSIFICATIONS
Class
Code Classification Compensation
F300 Fire Battalion Chief Section 2 (a) (i)
F305 Staff Battalion Chief F300 + 7.5%
F310 Deputy Fire Chief F300 + 12.5%
F315 Line Battalion Chief F300* 40/56
F320 Fire Marshal F300 + 12.5%
F325 Deputy Chief, Marine Div. F300 + 12.5% + $325/mo.
18
• 1 ,
• •
C `2796
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
1. The Newport Beach Fire Management Association ("NBFMA"), a recognized
employee organization, and the City of Newport Beach ("City"), a municipal
corporation and charter city, have been meeting and conferring, in good faith,
with respect to wages, hours, fringe benefits and other terms and conditions of
employment.
2. NBFMA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment for
the period from July 1,1993 to July 1,1995 and this tentative agreement has been
embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFMA during the
meet and confer process leading to the adoption of the 1992-93 MOU. NBFMA
recognized that the on -going recession and the state budget crisis resulted in
significant reductions in municipal revenue during that fiscal year and agreed to
withdraw their request to a proposed 6.5 percent increase in total compensation.
4. This MOU, upon approval by NBFMA 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.
5. NBFMA and the City have, subsequent to the effective date of the agreement
which is memorialized in this MOU, met and conferred regarding provisions of
the original agreement which gave NBFMA members an "irrevocable right" to
pay their own PERS contribution and receive a corresponding 9% increase in
salary. NBFMA members have agreed to relinquish this "irrevocable right" and
reduce the potential increase in overtime compensation the City would have
been required to pay if the "regular pay" of NBFMA members had been
increased by 9% if and when the "irrevocable right" was exercised. The
relinquishment of the "irrevocable right" in consideration of the City's agreement
to make certain internal adjustments, establish premium pay accounts for
Vacation Leave, Sick Leave and Flex Leave and the inclusion of Sick Leave and
Holiday Pay in the calculation of hours worked for purposes of calculating FLSA
overtime will save the City money in overtime pay. The City appreciates a
continued cooperation of NBFMA and its members.
• •
SECTION 1. - General Provisions.
A. Recognition.
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers Milias Brown Act of the State of California and the
provisions of the Employer's/Employee Labor Relations Resolution No.
7173, the City acknowledges that NBFMA is the majority representative
for the pm -pose of meeting and conferring regarding wages, hours and
other terms and conditions of employment for all employees in those
classifications specified in Exhibit "A" or as appropriately modified in
accordance with the Employer/Employee Resolution. All other
classifications and positions not specifically included within Exhibit "A"
are excluded from representation by NBFMA.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any ordinance,
resolution or action of the City Council necessary to implement this MOU
shall be considered effective as of July 1, 1993. This MOU shall remain in
full force and effect until December 31, 1994, and the provisions of this
MOU shall continue after the date of expiration of this MOU in the event
the parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any
conflicting provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement such as, or
similar to, this MOU.
C. Scope.
1. All present written rules and currently established practices and
employee rights, privileges and benefits that are within the scope of
representation shall remain in full force and effect during the term of this
MOU unless specifically amended by the provisions of this MOU.
2
• •
2. Pursuant to this MOU, the City reserves and retains all of its
inherent exclusive and non-exclusive managerial rights, powers, functions
and authorities ("Management Rights") as set forth in Resolution No. 7173
/copy attached as Exhibit "B").
D. Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire
Department at their present location for the posting of notices and
bulletins relating to NBFMA business, meetings, or events. All materials
posted on bulletins boards shall indicate the name of the organization
responsible. Material posted shall not contain personal attacks on any
City official or employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race, gender, ethnicity,
religion or other statutory or constitutionally impermissible basis, as well
as any pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E-Mail)
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on the
basis of race, gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material. E-Mail may be used for Association business on a
limited basis and consistent with Department Policy.
E. Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions
agreed upon by the parties. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer concerning any issue within
the scope of representation except as expressly provided herein or by
mutual agreement of the parties. No representative of either party has the
authority to make, and none of the parties shall be bound by, any
statement, representation or agreement reached prior to the execution of
this MOU and not set forth herein.
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.
3
G. Savings.
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect
the remaining portions of this MOU provided, however, should the
provisions of this MOU relating to salary increases, fringe benefits, or the
compensation policy be declared invalid the City shall provide alternative
forms of compensation such that NBFMA members suffer no financial
detriment by virtue of the decision or ruling with the manner and form of
the compensation to be determined by the parties after meeting and
conferring in good faith.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
mediation pursuant to the procedure outlined in Section 10 of Resolution
No. 7173 or a successor resolution.
I. Definitions.
For the purposes of this MOU these terms shall have the following
meanings:
1. The term "member" or " NBFMA member" shall mean all persons
within classifications represented by NBFMA.
2. The term "staff employee" shall mean any NBFMA member who is
assigned to work a 40 hour workweek.
3. The term "line employee" shall mean any NBFMA member
assigned to work an average 56 hour workweek in 24 hour shift
increments.
4. The term "Municipal Fire Departments in Orange County" or
"Municipal Fire Departments" shall mean all City operated Fire
Departments and the Orange County Fire Authority.
4
SECTION 2. - Direct Wage Payments.
A. Pay for Time Worked.
1. Salary/Total Compensation Adjustments.
Effective January 1,1994, the salary schedule for the classifications
represented by the Association shall be as specified in Exhibit "A." _
The salaries of members of NBFMA shall be adjusted to reflect any
increase or decrease in salary granted to the position of Fire
Captain (benchmark position). When the salary for the benchmark
position is adjusted the salary for the position of Fire Battalion
Chief shall also be adjusted to maintain a 5% salary differential
between the top step of Fire Captain and the bottom step of the Fire
Battalion Chief. Adjustments to the salary of Battalion Chief shall
be reflected in corresponding adjustments to other positions
represented by NBFMA necessary to maintain the salary
2. Retirement Benefits.
(a) Pursuant to Section 20615 of the California Government
Code, the City shall pay to PERS, on behalf of all employees
covered by this agreement, the entire required normal "safety
member" retirement contribution, but not to exceed 9% of the
compensation earnable which PERS uses to calculate retirement
contributions and benefits. In addition, the amount of this payment
shall be reported to PERS as special compensation, which is part of
the employee's compensation earnable, pursuant to the provisions
of Section 20023(c)(4) of the California Government Code, as
amended effective July 1, 1994. This payment shall be credited to
the employee's accounts maintained by PERS in accordance with
Section 20615 of the California Government Code. NBFMA
acknowledges that the City is making this payment pursuant to a
specific request of NBFMA to do so, that the City has made
significant financial commitments to NBFMA and NBFA this MOU
in consideration of the members' agreement to relinquish their
previously held "irrevocable right" to pay their own PERS
contribution and receive a corresponding salary increase, and that
the significant financial concessions to NBFMA and NBFA (which
included Leave Premium Pay Accounts, changes in the calculation
of "hours worked" for purposes of overtime and internal salary
5
adjustments) were made to avoid the potential for increased
overtime compensation if all NBFMA and NBFA members
exercised their irrevocable right to make their own PERS
contribution and receive a corresponding salary increase.
(b) In the 1988-89 MOU between the City and NBFMA, City
agreed to provide NBFMA members with retirement benefits based
upon highest year compensation ("Highest Year Benefit").
Pursuant to that MOU, the City agreed to pay the total extra cost of
the Highest Year Benefit during 1988-89 and thereafter phase the
additional cost into the total compensation calculation at the rate of
"an additional 20% per year" until fully absorbed in the total
compensation calculation. The parties wish to resolve any
disagreement over the meaning and method of implementation of
those provisions of the 1988-89 MOU related to the Highest Year
Benefit by converting the current value of the Highest Year Benefit
to a guaranteed payment over and above each member's salary.
This guaranteed payment shall be calculated by multiplying the
member's salary by a percentage determined by dividing sixty
percent (60%) of the cost of the Highest Year Benefit for the
benchmark position (as of April 28,1993) by total compensation for
the benchmark position as of April 28, 1993. This guaranteed
payment shall be effective June 1, 1993, shall continue in full force
and effect until December 31,1994, and shall not be included in the
calculation of total compensation for any purpose, including,
without limitation, the computation of total compensation for the
purpose of calculating salary increases pursuant to subsection
2(A)(1). City shall provide NBFMA with proof of compliance with
this subsection within thirty (30) days after its effective date and
within thirty (30) days after each subsequent salary increase.
(c) City's contract with PERS shall provide for a "two percent at
fifty" retirement formula pursuant to the provisions of Section
21252.01 of the California Government Code.
(d) City shall elect to be subject to the military buy back
provisions of Section 20930.3 of the California Government Code
and shall amend the contract with PERS to reflect this election.
3. Special Assignment Pay.
The following additional payments shall be made to certain
NBFMA members based on assignment:
a) The City agrees to compensate forty (40) hour work week
personnel with an additional seven and one half (7 1/2) percent
differential pay (calculated on base salary).
b) The City agrees to compensate Deputy Chiefs with an
additional five (5) percent differential pay in addition to the forty
hour personnel differential pay (calculated on base salary).
4. Shift Holdover.
Notwithstanding the provisions of Section 602.7.3.3 of Resolution
No. 88-13 (Personnel Policy Resolution) NBFMA members who are
held over at the conclusion of any shift shall be compensated at the
rate of one hour for each hour, or portion thereof, the employee
worked beyond the end of the shift. Any member held over after
shift shall be compensated at time and a half for all time worked
during the work period in excess of the maximum permitted under
the provisions of Section 29 USC 507(k).
5. Flex Leave Premium Pay Account.
On request, NBFMA members shall have the right to receive pay, at
the rate of 109% of their then current base salary, for any Flex
Leave banked, up to a maximum of 78 times their bi-weekly Flex
Leave accrual rate as of June 30, 1994 (Flex Leave Premium Pay
Account). The Flex Leave Premium Pay Account balance shall be
shown on each member's regular pay stub. The Flex Leave
Premium Pay Account shall be reduced in accordance with member
purchases. Each member shall, upon termination, resignation,
retirement or other separation from service, receive terminal pay at
the rate of 109% of their then current base salary for all accrued
Flex Leave to the full extent of the remaining balance in the Flex
Leave Premium Pay Account with any remaining Flex Leave paid
at the then current base salary. The provisions of this section shall
apply only to members employed by the City of Newport Beach on
or before June 30, 1994.
6. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program
as of June 30, 1994 shall be entitled to receive pay, at the rate of
109% of their then current base salary, for any accumulated
Vacation Leave up to a maximum of 52 times their bi-weekly
Vacation Leave accrual rate as of June 30, 1994 (Vacation Leave
Premium Pay Account). The Vacation Leave Premium Pay
Account balance shall be shown on each members regular pay stub.
The Vacation Premium Pay Account balance shall be reduced
commensurate with member purchases. Each member shall, upon
termination, resignation, retirement or other separation from
service, receive terminal pay at the rate of 109°% of their then
current base salary for all accrued Vacation Leave to the full extent
of the remaining balance in the Vacation Leave Premium Pay
Account with any remaining Vacation Leave paid upon
termination at the then current base salary. The provisions of this
section shall apply only to members employed by the City of
Newport Beach on or before June 30,1994.
7. Sick Leave.
Upon paid retirement, termination in good standing or death, but
not termination for cause or resignation in lieu of termination, any
member, or his/her estate, shall be paid, at the rate of 109°% of their
final base salary for a percentage of the employee's accrued but
unused Sick Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED
SICK LEAVE:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
15 BUT LESS THAN 20 37.5%
20 OR MORE 50%
Payment for accrued but unused Sick Leave shall be limited to the
first 800 hours of accrued Sick Leave for Staff Employees and the
first 1200 hours for Line employees (for example if a Line Employee
had accumulated 1400 hours of Sick Leave and retired after 16
years he or she would receive Terminal Sick Leave Pay in a sum
• •
equal to 109% of their base salary per hour for 450 hours of Sick
Leave -1200 hours multiplied by .375).
B. Compensable Time Off.
1. Flex Leave.
(a) Subject to the provisions of subsection (b), NBFMA members
shall accrue flex leave as follows:
Years of
Con't. Svc:
Line Employees
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Years
of Con't. Svc.:
Staff Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period:
9.69
10.62
12.00
12.92
13.85
14.77
Leave Accrual
Hours/Pay Period:
6.26
6.92
7.58
8.57
9.23
9.89
10.55
These accrual rates are effective July 1, 1993. Flex leave banks of
NBFMA members shall be adjusted to reflect the new accrual rates
as of July 1, 1993.
(b) The Flex leave program shall be administered as follows:
(i) NBFMA members shall not accrue flex leave until
continuously employed by the Newport Beach Fire
Department for a period of six (6) months provided,
9
• •
however, if a member on the flex leave program becomes
sick during the first six months of employment, the City will
advance up to 81 hours of paid leave time to staff employees
and 114 hours of paid leave time for line employees for use
by the member to recover from illness.
In the event the City advances paid leave time and the
employee is terminated or resigns before completing six
months of continuous employment, the member's final check
shall be reduced by an amount equal to the number of flex
leave hours advanced multiplied by the member's hourly
rate of pay.
(ii) NBFMA members who are staff employees shall
accrue 81 hours of flex leave and line employees shall accrue
114 hours of flex leave immediately upon completion of six
(6) months continuous employment with the Newport Beach
Fire Department, provided however, this amount shall be
reduced by any flex leave time advanced during the first six
months of employment.
(iii) Members employed by the City prior to initiation of the
flex leave program have had then current accrued vacation
time converted to flex leave on an hour for hour basis with
then current sick leave placed in a bank to be used as
provided in Section 703 et seq. of the Personnel Resolution.
Members entitled to use sick leave pursuant to Section 703.1
of the Personnel Resolution and who are absent due to
illness shall have their sick leave bank reduced by the
duration of the absence unless the member notifies
appropriate department personnel that the absence should
be charged to the member's flex leave account.
(iv) Subject to the provisions of Section 2(A)(5), prior to the
effective date of this MOU, members were entitled to accrue
flex leave up to a maximum of 78 times the member's bi-
weekly accrual rate. Earned flex leave in excess of the
maximum permitted is currently paid bi-weekly at the
member's hourly rate of pay. NBFMA members may, at
any time, elect to receive pay (at the member's normal
hourly rate) for all accrued flex leave in excess of 72 hours
for a line employees and 40 hours for staff employees.
10
• •
However, NBFMA members may not elect to buy down
accrued Flex Leave below the current threshold for payment
(78 times the member's bi-weekly accrual rate) unless,
during the twelve months preceding the election, the
member has taken at least ninety-six (96) hours of paid leave
if a line employee and eighty (80) hours of paid leave if a
staff employee. For the purposes of this section, Flex Leave
shall include any earned paid leave such as vacation leave.
(v) All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a
member take or request flex leave in excess of the amount
accrued.
(vi) Members shall be paid for all accrued flex leave at their
then current hourly rate of pay upon termination of the
employment relationship.
(vii) Prior to January 1,1990, NBFMA members accrued both
sick leave and vacation leave. In 1990, the City adopted an
alternative system called the Flex Leave Program.
Employees who opted for the Flex Leave Program accrued
less leave than the combined vacation/sick leave accrual, but
no restrictions were placed upon the use of the leave.
NBFMA members hired prior to January 1, 1990 and who
enrolled in the Flex Leave Program shall have the right to
return the vacation/sick leave system by filing a written
election to do so prior to January 1, 1995. Those members
who elect to return to the vacation/sick leave system shall
have their vacation and their sick leave banks adjusted to
reflect accruals as if they had never elected to convert from
the vacation/sick leave system to flex leave.
By way of example, assume a member accrued 5 hours of
vacation leave and 5 hours of sick leave under the traditional
system, accrues 8 hours of flex leave under the new system,
and has used 200 of the 400 hours of flex leave accrued since
the employee elected to convert to the flex leave system. In
such case, the member would have 125 hours of vacation
leave and 125 hours of sick leave added to the leave accrued
as of the date he/she elected to convert to the flex leave
11
program and the member would no longer have a flex leave
account.
2. Holiday Time.
(a) Line Employees. The provisions of this subsection shall
apply only to NBFMA members who are line employees during all
or a portion of any calendar year and, as to those members who are
line employees for only a portion of the year, the provisions of this
subsection shall be applicable on a pro-rata basis. NBFMA
members who are line employees shall accrue holiday time at the
rate of 5.538 hours per pay period. Holiday time shall be added to
the member's Administrative Leave Bank on a bi-weekly basis. The
Administrative Leave Bank shall be a separate account maintained
by the Fire Chief's Secretary.
(b) Staff Employees. Staff employees shall receive the following
fully paid holidays:
New Years Day, Presidents Day, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day and the day after
Thanksgiving, one-half day on Christmas Eve, Christmas, and one-
half day on New Years Eve. In addition, Staff employees will be
entitled to two floating holidays at the members election.
3. Worker's Compensation Leave.
Any NBFMA member who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of or
in the course of his or her employment shall receive compensation
in accordance with the provisions of Section 4850 et. seq. of the
Labor Code of the State of California.
4. Vacation/Sick Leave.
Administration of the vacation and sick leave program for
members who have not converted to flex leave shall be in
accordance with the provisions of the Personnel Resolution of the
City of Newport Beach. Line employees shall accrue sick leave at
the rate of twelve hours per month and staff employees shall accrue
sick leave at the rate of eight hours per month.
12
5. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave
bank greater than a sum equal to eighty-six (86) times their normal
bi-weekly sick leave accrual rate and who have used six (6) or
fewer days during the calendar year, may elect to covert up to six
(6) days of sick leave to three (3) days pay or, with the approval of
the Fire Chief, three (3) days of vacation. Members shall elect to
convert to sick leave within sixty (60) days after the end of any
calendar year.
6. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of accrued
sick leave per calendar year and line employees shall be entitled to
use forty-eight (48) hours of sick leave per calendar year for an
illness of a dependent which requires the presence of the employee.
Family Sick Leave shall be administered in accordance with the
provisions of Sections 703.4.2.1 of the Personnel Resolution. The
provisions of this Section shall not be construed to affect or reduce
the right of any employee to any unpaid family medical leave
authorized by State or Federal law.
7. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from
duty by an employee having a regular or probationary
appointment because of a death or terminal illness in his/her
immediate family. Staff employees shall be entitled to five (5)
working days of Bereavement Leave per calendar year while Line
Employees shall be entitled to ninety (90) hours of Bereavement
Leave. Bereavement leave shall be administered in accordance with
the provisions of Section 705 of Resolution No. 88-13. The
provisions of this Section shall not diminish or reduce any rights a
member may have pursuant to applicable provisions of State or
Federal law.
8. Reassignment.
In the event a line employee is reassigned to a staff position, or a
staff employee is reassigned to a line position, the City shall
13
automatically convert the Flex Leave, Vacation Leave, Sick Leave,
Bereavement Leave and other benefits from the position previously
held to the newly assigned position provided. The ratio for
conversion of staff employee benefits to line employee benefit shall
be 7/5 and the ratio for converting line employee benefits to staff
employee benefits shall be 5/ 7.
SECTION 3. - Fringe Benefits.
A. Insurance.
1. Health Insurance.
City shallprovide a health care plan available to all NBFMA
members, their spouses, and dependents. The health plan shall be
underwritten by a reputable health care provider and PERS. The
City shall also provide dental coverage with a maximum annual
benefit of $1,000.00 and limited vision care benefits. The dental
coverage may be offered by a provider other than the one which
sponsors the health care plan. City shall pay the health and dental
premium for each NBFMA member, spouse and dependents up to
a maximum of $400 per month. City and NBFMA shall meet and
confer during the term of this MOU with respect to the health care
plan provider, adjustments to the maximum City contribution per
member, and other issues relevant to health care coverage.
2. Medical Advisory Committee.
The City shall meet with a medical - dental advisory committee
during the months of July, November, January and May. The
committee shall be comprised of one representative from each
bargaining unit and up function shall include determination of
coverage, preparation and solicitation of bids, consultation with the
City's broker, determination of plan coverage, and selection of
carrier and coverage options. Meetings and determinations shall
be coordinated to facilitate inclusion of findings or decisions in the
collective bargaining process. NBFMA and the City have worked
together in the selection of a new health care provider. This
process involved participation in the medical advisory committee
and the meet and confer process.
14
3. Insurance.
City shall provide a retiree health insurance plan through the City's
group health plan carrier and PERS. NBFMA agrees that twenty
five percent (25%) of the cost of providing health insurance to
retirees pursuant to the City's group health care plan will be borne
by probationary and regular employees of the City of Newport
Beach and that NBFMA members shall pay their pro-rata share of
the active employee contribution to retiree health insurance. The
member's contribution shall be the same as other Newport Beach
employees and is calculated by dividing 25% of the cost of
providing retiree health insurance by the number of probationary
and regular employees of the City of Newport Beach and dividing
that number by 26 to determine the amount the bi-weekly payroll
deduction.
B. Short Term Disability/Long Term Disability.
The following provisions shall control a members' payment for, and access
to, eligibility for short term and long term disability plans or programs.
1. Payment. Line employees shall pay the full cost of any short
term and long term disability plan or program until he or she has
accrued 120 hours of flex leave/sick leave, 50 percent of the cost
after accruing between 120 hours and 240. hours, and City shall pay
the full cost upon accrual of more than 240 hours of flex leave/ sick
leave. Staff employees shall pay the full cost of any disability plan
or program until they have accrued at least 80 hours of flex leave/
sick leave, 50 percent of the cost when they have accrued more than
80 hours, but less than 160 hours, and City shall pay full cost upon
accrual of 160 hours or more of flex leave/ sick leave. Whenever
any line employee has accrued at least 240 hours of flex leave/ sick
leave, and when any staff employee has accrued at least 160 hours
of flex leave/ sick leave for a period of 24 months or more, City
shall pay the full cost of that member's disability plan or program
so long as the member is employed with the Newport Beach Fire
Department.
3. A member shall not be entitled to receive short term or long term
disability benefits unless:
15
•
(a) The member is enrolled in the appropriate disability
program;
(b) The employee has exhausted all accrued sick leave;
(c) Flex leave program. The member must use at least 5 days,
or 1/3, of accrued sick leave, whichever is greater. Any staff
employee who has used at Least 160 hours of sick leave, or any line
employee who has used at least 240 hours of sick leave for the
injury or illness which results in disability shall not be required to
use flex leave as a precondition to accessing the short term/long
term disability program.
(d) The member has completed a 5 day waiting period, which
may be satisfied by use of accrued flex leave, sick leave or
authorized unpaid absence from work.
4. Disability benefits shall be calculated on the basis of a percentage of
a member's salary. The maximum benefit for non -industrial claims
shall be $5,000 per month. In the case of an industrial disability,
benefits provided pursuant to this subsection shall not be paid on
any portion of a member's salary in excess of $2,625.00 per month
and the maximum benefit for industrial disability claims shall be
$1,750.00 per month. The limitations on industrial disability claims
are imposed in light of entitlement to supplemental industrial
disability income pursuant to Section 803.4 of Resolution 88-13 and
the provisions of Section 4850 et seq. of the Labor Code of the State
of California.
C. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly
licensed provider. NBFMA members may access the Employee Assistance
Program at no cost subject to provider guidelines.
D. Scholastic Achievement Pay.
NBFMA members are entitled to additional compensation contingent
upon scholastic achievement ("Scholastic Achievement Pay"). NBFMA
members may apply for increases pursuant to this Section when eligible
and scholastic achievement pay shall be included in the member's
paycheck for the pay period immediately after approval by the Fire Chief.
16
It is the responsibility of the NBFMA member to apply for Scholastic
Achievement Pay. Approval of the member's application shall not be
unreasonably withheld or delayed, and the member shall not be entitled
to receive scholastic achievement pay prior to the date the application is
approved even though the member may have been eligible prior to
approval. Scholastic achievement pay is contingent upon years of service
and number of units and/or degrees received by the employee.
Qualifying units and/or degrees must be awarded by accredited
community colleges, state colleges or universities. NBFMA member shall
receive scholastic achievement pay in accordance with the following:
Years of College Monthly
Service: Semester/Unit: Compensation:
2 or more 30 $70.00
3 or more 60 $100.00
3 90 $135.00
4 or more 90 $135.00
4 120 $175.00
4 B.A./B.S. $225.00
E. Annual Physical Examinations.
All NBFMA members are eligible, but not required, to receive, at their
option and at City's expense, a complete annual health fitness evaluation
from Centinela Hospital or an annual medical examination from Dr. Lynn
Stanton. The health fitness evaluation, and the comprehensive medical
examination shall include limited cancer screening as specified in the
contract between the medical vendor and the City. The cost of the
examination or evaluation shall not be included in the calculation of the
total compensation. Members who elect to receive a health fitness
evaluation or comprehensive medical examination shall do so on their
own time. Members who elect to receive the health fitness evaluation or
comprehensive medical evaluation shall sign a consent form authorizing
the vendor to advise the Fire Chief, in writing, if the employee is
physically fit to perform his/her normal duties.
F. Physical Conditioning Equipment/Apparel.
City shall provide workout apparel for each NBFMA member. Workout
apparel shall consist of three workout shirts and two trunks and NBFMA
17
members shall wear City provided workout apparel when working out on
duty.
G. Required Uniform.
City shall pay the entire cost of providing NBFMA member with each
component of the required NBFD uniform. The required NBFD uniform
includes safety shoes, badges and insignias, uniform pants, uniform shirts,
uniform jackets and liner, belts, and turnout safety clothing. City shall
not be responsible for providing employee with socks, underwear, cap or
workout shoes, or other clothing.
Court Standby Pay.
NBFMA members who, pursuant to Subpoena compelling attendance to
testify to acts, observations, or omissions occurring in the course and
scope of employment or at the direction of their supervisor, are required,
while off -duty, to remain within a certain response time from court, shall
be considered to be on "court standby time" and shall receive four hours of
pay for each eight hours of court standby time. NBFMA members shall,
when required to appear in court pursuant to a Subpoena or the direction
of their supervisor to testify at to matters relating to their employment
with the City, be considered to be on duty and shall be paid accordingly.
Members shall remit all witness fees received for testifying or appearing
on any matter for which the member is eligible to receive court standby
time.
SECTION 4. - Miscellaneous Provisions.
A. Schedule.
The City shall have the right to designate a 14 day or 28 day work period
pursuant to Section 29 USC 507(k) (7k exemption), provided, however, the
7k exemption shall not affect the City's obligation to pay overtime
pursuant to provisions of this MOU including the provisions of Section
1(c)1.
B. Overtime - Hours Worked .
Pursuant to past practice, overtime shall be paid to Battalion Chiefs when
a Line Battalion Chief is held over after his or her shift and/or when a
18
• •
Staff Battalion Chief fills the position of a Line Battalion chief. Overtime
shall consist of authorized work in excess of the normal number of hours
in any scheduled work shift or work in excess of the maximum number of
hours permitted by the United States Department of Labor regulations for
a 28 day pay period. Use of Flex Leave, Vacation Leave, Holiday Leave,
and Sick Leave shall be considered as hours worked for the purposes of
determining eligibility for overtime pay pursuant to the Fair Labor
Standards Act and/or Department of Labor regulations.
C. Dues Checkoff.
NBFMA members shall have the right to authorize the City to deduct
regular monthly NBFMA dues from their bi-weekly paycheck. The City
shall deduct payment of NBFMA dues when the employee has authorized
such deduction and City shall remit all payments to NBFMA in
accordance with the terms of each member's authorization.
D. Fire Suppression Staffing Levels.
Moveup coverage shall be used to staff the fire suppression battalion chief
position in the absence of available battalion chiefs.
E. Vacation Selection System.
The City has implemented a vacation selection system (VSS) which phased
out mandatory scheduling for vacation relief in favor of leave coverage by
paying overtime to other members occupying the same position. The City
commits to maintain VSS subject to budgetary constraints outlined in this
Section. The City shall, for each fiscal year during the term of this MOU,
adopt a budget which provides for the payment of overtime specifically
for the purpose of implementing VSS. The amount to be budgeted shall
be calculated by computing the Vacation/Flex leave/Holiday time (leave)
normally accrued by each member during a fiscal year (total annual leave)
multiplying total annual leave, by that member's overtime rate of pay
(value of leave) and then adding the value of leave for each NBFMA
member. Each member's overtime rate of pay shall be calculated on the
basis of the member's highest anticipated rate of pay during the upcoming
fiscal year. The total "value of leave" for all members shall be identified in
the budget as the "LEAVE COVERAGE FUND."
19
F. 'fury Duty.
NBFMA members who are assigned to line positions and are called to jury
duty shall be excused for each 24 hour shift during which the member is
required to attend court and sit on a jury or await assignment.
G. Staff Assignment Schedule
As a matter of past practice, staff employees have worked various
schedules including 10/80, 8/80 and 9/80. Staff employees have, also as a
matter of past practice, been required to attend meetings or training
sessions on days off and have not received compensation. While the
parties have agreed not to alter any rights that members may have as a
result of any past practice, NBFMA members shall select, in writing, one
of the preceding schedules of the schedule option selected. The staff
member shall be entitled to work that schedule unless that work schedule
would significantly interfere with the ability of the member to perform
his/her required duties. All NBFMA members assigned to work a forty
hour work week shall have the option to work any of the following
schedules:
- Five eight hour days, Monday through Friday.
- Four ten hour days.
- Nine eighty work schedule.
H. 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.
1. Definitions.
(a) "Layoffs" or "Laid off" shall mean the non -disciplinary
termination of employment.
20
• •
(b)
"Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the
date on which the employee was first granted permanent
status, subject to the following:
(i)
Credit shall be given only for continuous
service subsequent to the most recent
appointment to permanent status in the
Classification or Series;
(ii) Seniority shall include time spent on industrial
leave, military leave and leave of absence with
pay, but shall not include time spent on any
other authorized or unauthorized leave of
absence.
(iii) For purposes of determining layoffs within any
Classification, seniority shall mean the time an
employee has worked within any Series.
(c) "Classification" shall mean one or more full time positions
identical or similar in duties and embraced by a single job
title authorized in the City budget and shall not include
part-time, seasonal or temporary positions. Classifications
within a Series shall be ranked according to pay (lowest
ranking, lowest pay).
(d) "Series" shall mean two or more Classifications within a
Department which require the performance of similar duties
with the higher ranking Classification(s) characterized by the
need for Less supervision by superiors, more difficult
assignments, more supervisory responsibilities for
subordinates. The City Manager shall determine those
Classifications which constitute a Series.
(e) "Bumping Rights", "Bumping" or "Bump" shall mean the
right of an employee in a higher Classification who is subject
to layoff to displace a less senior employee in a lower
Classification within the Series. No employee shall have the
right to Bump into a Classification for which the employee
does not possess the minimum qualifications such as
specialized education, training or experience, provided,
21
however, the City shall allow an employee to become re-
certified as an EMT or a paramedic in the event the
employee's certification has expired due to promotion to
another position. An employee has the right to "Bump" into
only those positions the employee has previously held with
the Department.
2. Procedures.
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
(a) Temporary and probationary employees within any
Classification shall, in that order, be laid off before
permanent employees.
(b)
Employees within a Classification shall be laid off in inverse
order of seniority;
(c) An employee subject to layoff in one Classification shall
have the right to Bump a less senior employee in a lower
ranking Classification within a Series, provided, however,
that the determination of the employee to be terminated
from the position of Firefighter shall be based on seniority
within the Series. An employee who has Bumping Rights
shall notify the Department Director within seven (7)
working days after notice of layoff of his/her intention to
exercise Bumping Rights.
(d) In the event two or more employees in the same
Classification are subject to layoff and have the same
seniority, the employees shall be laid off in inverse order of
their position on the eligibility list or lists from which they
were appointed. In the event at least one of the employees
was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice.
Employees subject to lay-off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice.
22
In addition, employees laid off will be paid for all accumulated
paid leave, holiday leave (if any), and accumulated sick leave to the
extent permitted by the Personnel Resolution.
4. Re -Employment.
Permanent and probationary employees who are laid off shall be
placed on a Department re-employment list in reverse order of
layoff. The re-employment list shall remain in effect until
exhausted by removal of all names on the list. In the event a vacant
position occurs in the Classification which the employee occupied
at the time of layoff, or a lower ranking Classification within a
Series, the employee at the top of the Department re-employment
list shall have the right to appointment to the position, provided, he
or she reports to work within seven (7) days of written notice of
appointment. Notice shall be deemed given when personally
delivered to the employee or deposited in the U.S. Mail, certified,
return receipt requested, and addressed to the employee at his or
her past known address. Any employee shall have the right to
refuse to be placed on the re-employment list or the right to remove
his or her name from the re-employment List by sending written
confirmation to the Personnel Director.
5. Demotion.
Permanent and probationary employees who are demoted because
of reduced staffing levels shall be placed on a Department
promotional list in reverse order of demotion. This promotional
list shall remain in effect until exhausted by removal of all names
on the list.
6. Severance Pay.
Permanent employees who are laid off shall, as of the date of lay-
off, receive one week severance pay for each year of continuous
service with the City of Newport Beach.
Amortizing Payroll System.
The City shall establish an amortizing payroll system which will ensure
that compensation and benefits due to members be paid or conferred in
twenty six (26) equal bi-weekly installments during each calendar year.
23
K. Progressive Discipline Plan.
City and NBFMA shall develop a Progressive Discipline Plan to be
incorporated, by reference, into this MOU.
Executed this c ay of �"J 4994: /9
CITY OF NEWPORT BEACH
By:
John Hedges
Mayor
APPRD AS TO FORM:
obert H. Burnham, City Attorney
NBFMA-2.mou (Word)
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24
ATTEST:
By: 4 1 CC/ 7)
Wanda Raggio
City Clerk
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
May 6,1993
Ronald Sutherland, President
Newport Beach Fire Management Association (NBFMA)
PO Box 1768
Newport Beach, California 92658-8915
Dear Ronald Sutherland:
Pursuant to Section 8 of City Council Resolution number 7173, the
Employer -Employee Relations Resolution, the Newport Beach Fire
Management Association (NBPMA) has petitioned the City of Newport
Beach, California for recognition as the exclusive representative of a certain
unit of the City employees for purposes of the Meyers-Milias-Brown Act,
California Government Code section 3500 et seq.
Pursuant to the aforesaid petition, the NBFMA requested to be
recognized as the exclusive representative of the following unit employees:
"All sworn public safety officers
employed by the City Fire
Department holding permanent
classifications in the rank of Battalion
Chief."
Pursuant to Resolution #7173, the NBFMA provided the City with all
information required therein including sufficient information establishing:
(1) That the aforesaid unit is an appropriate unit of employees for
the purposes of recognition pursuant to the Meyers-Milias-Brown Act;
(2) That a majority of the employees within said unit desire to be
represented by the NBFMA for the purposes set forth in the Meyers-Milias-
Brown Act;
(3) That the NBFMA meets all of the requirements for recognition
as set forth in Resolution #7173.
Pursuant to section 8 of Resolution # 7173, the City Representative, at
his sole discretion, may grant recognition to a petitioner that meets the
3300 Newport Boulevard, Newport Beach
criteria of an employee organization, as the exclusive representative to a
defined employee unit.
It is hereby my determination, that the NBFMA does meet the criteria
set forth in Resolution # 7173 of an employee organization, and therefore I
officially recognize the NBFMA as the exclusive representative for "All
sworn public safety officers employed by the City Fire Department holding
permanent classifications in the rank of Battalion Chief", and certify that the
NBFMA shall enjoy this status from this date forward.
Duanelc. Munson
Director of Personnel
NEWPURT BEACH FIRE DEPAR'i i 4ENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3103
March 30, 1993
Duane Munson
Personnel Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mr. Munson:
Timothy Riley
Fire Chief
Due to the fact that significant changes are being ccinsidered in the method used to
determine the way city employees are compensated, a request that an extension of 35
days be given to Section 13 of Resolution No. 7173 in order to allow the following to
be evaluated:
Pursuant to California Government Code sections 3502, 3503, 3504, and City of
Newport Beach Resolution No. 7173, the Newport Beach Fire Management
Association seeks recognition as the representative organization for sworn officers of
the Newport Beach Fire Department at the rank of Battalion Chief.
The information contained in this document will correspond by letter with Section 7
of Resolution No. 7173.
(A) The name of the organization shall be the NEWPORT BEACH FIRE
MANAGEMENT ASSOCIATION.
(B) The officers of the organization are:
President: BC Ron Sutherland
Vice President: BC Don Jones
Secretary: BC Scott Allan
(C) The President and/or Vice President may speak on behalf of the organization.
(D) A copy of the organization's Constitution will be provided within three (3)
working days of approval of this request.
(E) The organization's membership may be affiliated with the California State
Firefighters' Association and/or the Orange County Firemen's Association.
(F) Notice to the organization can be directed to the President or Vice President at
P.O. Box 1768, Newport Beach, CA 92659-1768.
3300 Newport Boulevard, Newport Beach
Duane Munson
March 30, 1993
Page Two
(G) The organization recognizes that Section 923 of the Labor Code is not
applicable to City employees.
(H) The organization has no restriction on membership based on race, color, creed,
sex, national origin, or age.
(I) The employees represented are all Fire Department Battalion Chiefs. They are:
Ron Sutherland
Don Jones
Scott Allan
Augie Wagner
Nick Waite
Tom Arnold
Ray Brown
(J) A signed statement from a majority of the group represented designating this
organization as their representative is attached.
(K) It is requested that the City Representative recognize the Newport Beach Fire
Management Association as the majority representative of the employees in the
Employee Group for the purpose of meeting and conferring in good faith on
all matters within the scope of representation.
Ron Suu t1erland, P ide t
Newport Beach Fire Management Association
Enclosure
cc: Tim Riley
Kevin Murphy
The following undersigned employees of the Newport Beach Fire Department
holding the officer rank of Battalion Chief, request representation from the Newport
Beach Fire Management Association as our representative in our employment
relations with the o wport Bea;
Ron Sutherland
Don Jones
Scott Allan
A. J. Wagner
Nick Waite
Tom Arnold
Ray Brown
Date—30r7.3
Date 3
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CONSTITUTION OF THE
NEWPORT BEACH ARE MANAGEMENT ASSOCIATION
ARTICLE I
(Title)
Section 1.
The name of the organization shall be known as the Newport Beach Fire
Management Association.
ARTICLE II
(Purpose)
Section 1.
To establish an Association among the sworn managers of the Newport Beach
Fire Department that will promote, provide and protect those ideals held for
the furtherance of a professional fire service for the community of Newport
Beach. To select representatives that will meet and confer with the city
regarding matters that affect conditions of employment.
ARTICLE III
(Nature)
Section 1.
Membership in this organization does not affect a member's duties or
responsibilities to the service of the fire department. Fire rank does not exist in
this organization except with reference to representative groups for the
purpose of elections.
ARTICLE IV
(Membership)
Section 1.
There shall be two types of membership: voting members and associate
members.
Section 2.
Voting members are active duty members of the association who pay the
required dues. Voting members shall have the right to vote on any issue
1
brought to a membership meeting and vote to elect representatives for the
board of directors and meet and confer.
Section 3.
Associate members are any retired sworn member of the Newport Beach Fire
Department who retired at the rank of battalion chief, or any member of the
Newport Beach Fire Manager Association who retires with a service retirement
from the Newport Beach Fire Department. An associate member is not entitled
to vote.
Section 4.
The rights of voting membership shall not be denied to any full time employed
sworn position at the rank of battalion chief of the Newport Beach Fire
Department, or retired battalion chief for associate membership when such
employee indicates his/her intention to join this organization, support its
constitution, and pay dues required herein.
ARTICLE V
(Administration)
Section 1.
The executive and administrative power of this organization shall be vested in
the Board of Directors which will be composed of three (3) members.
Section 2.
There shall be included in the Board of Directors: one (1) President, one (1) Vice
President, and one (1) Secretary.
Section 3.
A quorum of the Board of Directors shall be two (2) members.
Section 4.
Any item before the Board of Directors that is a change in working conditions
SHALL be submitted to the general membership for a majority vote.
ARTICLE VI
(Election of Office)
Section 1.
Any active duty member desiring to run for election to the Board of Directors
shall submit his name in writing to the Board of Directors within 10 days of the
opening of nominations and prior to the close of nominations. The nomination
2
period shall be December first (1) through December tenth (10) each voting
year.
Section 2.
The Board of Directors shall be elected by the membership of the Association.
The secretary shall prepare a printed ballot bearing the names of members
nominated for election to the Board of Directors. One ballot shall be submitted
to each member who shall proceed to ballot. The balloting period shall be at
least seven (7) days, unless all members have voted prior to the last day. The
ballots shall be placed in the ballot box.
Section 3.
The secretary, after the final voting date, shall open the ballot box and count
the votes. The nominees receiving the greatest numbers of votes cast within
the number of positions allotted for, shall be declared elected.
Section 4.
The President, Vice President, and Secretary shall be elected from the Board of
Directors by the Board of Directors.
Section 5.
Each member of the Board of Directors shall be elected for a term of two (2)
years beginning January first of the current year and concluding December
thirty-first of the second year.
ARTICLE VII
(Removal from the Board of Directors)
Section 1.
Any member of the Board of Directors who becomes negligent in the
performance of his duties, or guilty ofany act detrimental to the welfare of the
association, may be removed from office by a two-thirds vote of the members.
ARTICLE VIII
(Vacancies)
Section 1.
When a vacancy occurs of the. Board of Directors the vacancy shall be filled in
the manner prescribed under ARTICLE VI and will be for the balance of the term
of the member being replaced. When a vacancy occurs to a Meet and Confer
Representative the vacancy shall be filled in the manner prescribed under
ARTICLE IX and will be for the balance of that year.
3
ARTICLE IX
(Meet and confer representation)
Section 1.
During the first month of each calendar two year the members shall elect two
(2) members to meet and confer with the city regarding working conditions,
salaries, benefits, and related items.
ARTICLE X
(Incorporation)
Section 1.
The Board of Directors shall have the power and authority to incorporate this
organization under the laws of the State of California.
ARTICLE XI
(Amendments)
Section 1.
This constitution shall be amended by a favorable vote of two-thirds of the
membership. Such a vote shall be by ballot after such amendment or
amendments shall have been submitted in writing, entered into the minutes,
and noticed by publication of the proposed change or changes and the date of
balloting. Such publication to be at least ten (10) days prior to the date
selected for balloting. The balloting period shall be at least seven (7) days
unless all members shall have voted prior to the last day.
ARTICLE XII
(Ratification & Amendments)
Section 1.
This constitution shall be in full force and effect immediately upon adoption
and shall supersede and render null and void any existing constitution and by-
laws of any previous Fire Association.
Section 2.
Any amendments to this constitution shall be in full force and effect
immediately upon adoption.
4
•
ARTICLE XIII
(Membership meetings)
Section 1.
Membership meetings may be called by the Board of Directors or by two (2)
members, providing at least 24 hours notice to members is given. Notice of the
meetings must state generally the business to be transacted, and the time and
place of the meeting. Notice of the meeting must be posted. Membership
meetings shall be chaired by a member of the Board of Directors in order of
secession.
Section 2.
For all membership meetings a quorum shall consist of four (4) eligible
members entitled to vote.
Section 3.
Members entitled to vote at any meeting of members shall be members in
good standing. Voting may be by voice, hand or ballot. Written proxies are
permitted provided they have been signed and dated by the absentee member,
and contain the name of the bearer. Absentee ballots shall be collected by the
sergeant at arms. Each member entitled to vote shall cast one (1) vote on each
matter submitted to a vote of the members. If any member requests the vote
be by ballot, that shall be the method of voting.
Section 4.
If a quorum is present, the affirmative vote of a simple majority of the voting
power represented at the meeting, entitled to vote and voting on any matter,
shall be the act of the members. A simple majority is defined as 50% of those
voting plus one.
Section 5.
The Chairman of each meeting of the general membership shall appoint a
Sergeant at Arms for that meeting. Should a dispute arise as to the conduct of
any matter at a meeting of the general membership, the Sergeant at Arms will
use "Roberts Rules of Order" to settle the dispute.
ARTICLE XIV
(Records)
Section 1.
The Secretary shall keep records of all meetings. Minutes of all meetings shall
be made and distributed to all members by the Board's Secretary.
5