HomeMy WebLinkAbout2016-4 - Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association RESOLUTION NO. 2016-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
WHEREAS, the City Council of the City of Newport Beach previously adopted
Resolution No. 2001-50, the "Employer-Employee Relations Resolution," pursuant to
the authority contained in the Meyers-Milias-Brown Act, Government Code §3500; and
WHEREAS, the City of Newport Beach supports effective communication and
collaborative working relationships with its employee associations to promote improved
relations while balancing good management practices; and
WHEREAS, the City of Newport Beach previously entered into a Memorandum
of Understanding with the Newport Beach Professional and Technical Employees
Association for the period of July 1, 2012, through June 30, 2015; and
WHEREAS, representatives from the City of Newport Beach and representatives
from the Newport Beach Professional and Technical Employees Association have met
and conferred in good faith and reached a Tentative Agreement on wages, benefits and
other terms and conditions of employment; and
WHEREAS, the City Council of the City of Newport Beach desires to replace the
Memorandum of Understanding between the City of Newport Beach and the Newport
Beach Professional and Technical Employees Association by adopting a successor
Memorandum of Understanding for the period of July 1, 2015, through December 31,
2018.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Section 2: Wages, hours, fringe benefits and other terms and conditions of
employment of employees represented by the Newport Beach Professional and
Technical Employees Association shall be provided in accordance with the provisions
of the attached Memorandum of Understanding (Exhibit A).
Section 3: The term of the Memorandum of Understanding shall be for 42
months, commencing retroactively to July 1, 2015, and remaining in full force and effect
through December 31, 2018.
Section 4: The City's Salary Schedule shall be modified so as to be consistent
with this Resolution.
Resolution No. 2016-4
Page 2 of 2
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of January, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is
entered into with reference to the following:
PREAMBLE
1. The Newport Beach Professional and Technical Employees Association
("NBPTEA"), a recognized employee organization, affiliated with Laborers'
International Union of North America, Local 777 (LIUNA), and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. NBPTEA representatives and City representatives have reached a tentative
agreement as to wages, hours and other terms and conditions of employment to
apply to all affected employees for a three and one-half year period, from July 1,
2015 through December 31, 2018. Said employees desire to reduce their
agreement to writing, and to present such agreement, in the form of this MOU, to
the city Council of the City of Newport Beach for approval.
3. This MOU, upon approval by NBPTEA and the Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation.
SECTION 1. — General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport
Beach, the Meyers-Milias-Brown Act of the State of California and the
provisions of the Employer's/Employee Labor Relations Resolution No.
2001-50, the City acknowledges that NBPTEA is the majority
representative for the purpose of meeting and conferring regarding wages,
hours and other terms and conditions of employment for all employees in
those classifications specified in Exhibit "A" or as appropriately modified in
accordance with the Employer/Employee Resolution. All other
classifications and positions not specifically included within Exhibit "A" are
excluded from representation by NBPTEA.
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B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of July 1, 2015, This MOU shall remain
in full force and effect until December 31, 2018 and the provisions
of this MOU shall continue after the date of expiration of this MOU
in the event the parties are meeting and conferring on a successor
MOU.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, federal and
state statutes, rules and regulations which either specifically
provide that agreements such as this prevail, confer rights which
may be waived by any collective bargaining agreement, or are,
pursuant to decisional or statutory law, superseded by the
provisions of an agreement similar to this MOU.
C. Release Time
1. Three NBPTEA officers designated by the NBPTEA shall
collectively be granted an annual maximum of 150 hours paid
release time, for the conduct of NBPTEA business. Such time shall
be exclusive of actual time spent in collective bargaining and shall
be scheduled at the discretion of the NBPTEA officer. Every effort
will be made to schedule this time to avoid interference with City
operations.
2. Release time designees shall be identified annually and notice shall
be provided to the City. Release time incurred shall be reported
regularly in the form and manner prescribed by the City.
3. Activities performed on release time shall include representation of
members in rights disputes; preparation for collective bargaining
activities, and distribution of NBPTEA written communication in the
work place.
4. Each January the City will examine the number of Release Time
hours the Association used the preceding year. If the Association
used in excess of 75% of the hours normally granted (150), the
Association will be granted an additional 30 hours for that year.
D. Scope
1. All present written rules and current established practices and employees'
rights, privileges and benefits that are within the scope of representation
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shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
2. The practical consequences of a Management Rights decision on wages,
hours, and other terms and conditions of employment shall be subject to
the grievance procedures.
3. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
Management Rights include, but are not limited to, the following:
(a) the determination of the purposes and functions of City
Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed appropriate;
(d) the direction and supervision of its employees;
(e) the discipline of employees;
(f) the power to relieve employees from duty for lack of work or
other legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel by which
operations are to be conducted;
(i) the right to take all necessary actions to fulfill the
Department's responsibilities in the event of an emergency;
and
6) the exercise of complete control and discretion over the
manner of organization, and the appropriate technology,
best suited to the performance of departmental functions.
The practical consequences of a Management Rights
decision on wages, hours, and other terms and conditions of
employment shall be subject to the grievance procedures.
E. Conclusiveness
With the exception of a separate MOU covering retirement issues, this
MOU contains all of the covenants, stipulations, and provisions agreed
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018
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upon by the parties. Therefore, for the life of this MOU, neither party shall
be compelled, and each party expressly waives its rights to request the
other to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual
agreement of the parties. No representative of either party has the
authority to make, and none of the parties shall be bound by, any
statement, representation or agreement reached prior to the execution of
this MOU and not set forth herein.
As provided in the Employer-Employee Relations Resolution No. 2001-50,
the City shall determine the manner in which City services are to be
provided, including whether the City should provide services directly or
contract out work, including work that is currently being performed by
Association members. In the event the City introduces a plan to outsource
services currently being performed by Association members to achieve
greater efficiency and/or cost savings, and upon request by the
Association, the City shall meet and confer with Association
representatives to discuss the impacts of the City's decision to contract
out work. The City shall retain sole authority to decide whether or not to
contract out work, including work that is currently being performed by
Association members. This provision shall not limit the City's authority to
enter into such an agreement for any City services.
F. Modifications
Any agreement, understanding, waiver or modification of any of the terms
or provisions of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized representatives of
the parties.
The parties have determined certain contract provisions may be outdated
or inconsistent with policy, charter, or Federal, State or local law. Effective
during the term of the MOU City and Association representatives will
review the contract document with the intent of proposing simplified and
appropriate language, content and formatting.
No changes to this MOU shall be effective unless approved by City
Council.
G. Employee Data and Access
In January and July of each year, the NBPTEA will be provided with a
listing of all unit members. The listing will include name, department, and
job title. Information concerning the NBPTEA prepared by the NBPTEA
will be provided to new employees at the time of orientation. NBPTEA
officials shall be entitled to solicit membership from employees who are
not members.
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SECTION 2. — Compensation
A. Salary
Base salary increases for all NBPTEA represented classifications shall be
as follows, and as specified in Exhibit A:
Effective the pay period that includes January 1, 2016, base salaries will
be increased by 2.65%.
Effective the pay period that includes January 1, 2017, base salaries will
be increased by 2.65%.
Effective the pay period that includes January 1, 2018, base salaries will
be increased by 2.65%.
B. Normal Overtime
1. Definitions
(a) Miscellaneous Employee - An employee designated as a
Miscellaneous member of the Public Employees Retirement
System (PERS).
(b) Overtime - Normal overtime is defined as any scheduled
hours worked in excess of the basic work week. For the
purposes of this section, the basic work week is 40 hours, or
as determined by the Department Director and approved by
the City Manager which occurs between a fixed and
regularly recurring period of 168 hours - 7 consecutive 24
hour periods - beginning at 0001 on Saturday and ending at
midnight the following Friday.
(c) Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties
or other duties assigned by the City.
(d) Incidental Overtime - Incidental overtime is any extension of
the basic work shift of less than 1/10 of an hour that is non-
recurrent.
2. Compensation
Overtime for all non-exempt employees shall be paid at one-and-
one-half (1-1/2) times the employee's regular rate of pay.
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Reporting of overtime on payroll forms will be as prescribed by the
Finance Director. Incidental overtime is not compensable.
3. Overtime Pay Calculations During Week Including Holiday(s)
For the purpose of calculating overtime, holidays occurring during
the regular work week will count as time worked. The floating
holiday is excluded from this provision.
C. Call-Back Duty
1. Defined
Call back duty requires the employee to respond to a request to
return to his/her work station after the normal work shift has been
completed and the employee has left his/her normal work station.
Those periods of overtime which had been scheduled by the
Department Director prior to the end of the normal work shift are
not considered call-back duty.
2. Compensation
All personnel eligible for overtime pay shall be guaranteed two (2)
hours pay, or pay for one-and-one-half (1-1/2) times the number of
hours worked, whichever is greater. Reporting of overtime on
payroll forms will be prescribed by the Administrative Services
Director.
D. Accumulation of Compensatory Time Off
City employees represented by the NBPTEA and classified as non-exempt
may receive compensatory time off, in lieu of cash, as compensation for
overtime hours worked. Compensatory time shall be calculated at the rate
of one-and-one-half(1 %) hours for each hour of overtime worked beyond
the 40 hour limit of the work week. Compensatory time is to be granted
only when the employer and employee agree that the application of"comp
time" is a desirable substitute for the payment of cash for overtime. Call-
back time may be converted to comp time with supervisor approval.
Employees may accumulate up to eighty (80) hours of Compensatory
Time. Any hours in excess of eighty (80) will be paid off. Accumulation in
excess of the eighty (80) hours may be approved at the discretion of
Department Director.
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E. Nicht Shift Differential
The City agrees to pay $1.00 per hour night shift differential for Employees
working a regularly scheduled work shift of which four or more hours are
worked between the hours of 5 p.m. and 5 a.m. Overtime worked as an
extension of an assigned day shift shall not qualify an employee for night
shift differential: The differential pay is paid only for hours actually
worked.
F. Associate Civil Engineer and Junior Civil Enc
ineer
Employees in the class of Associate Civil Engineer and Junior Civil
Engineer who are registered by the State of California shall receive an
additional compensation of five (5%) percent of base pay per month.
G. Certificate Pay
The City and Association established a certificate pay program for non-
required job related certificates beneficial to City operations. Effective
January 1, 2013, the Certificate Pay program was modified to eliminate
"inactive" certificates and "sunset" certain active certificates. Employees
currently receiving a "sunset" certificate are considered grandfathered
under the program, but no further employees will be eligible. The
complete list of eligible certificates and the corresponding benefit is listed
in Exhibit B. All other procedures associated with Certificate Pay remain
in effect.
H. Court Time
Employees who are required to appear in Court during their off-duty hours
in connection with City business shall receive overtime compensation for
the number of hours they spend in court, with a minimum of two (2) hours
of such compensation.
I. Acting Pay
NBPTEA employees will be eligible to receive "acting pay" only after
completing 80 consecutive hours in the higher classification. Acting pay is
107.5% of the employee's base pay rate.
Once the minimum hours requirement has been satisfied, acting pay will
be granted for all hours worked above 40 hours beginning with the 41St
hour worked in the higher classification.
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J. Bi-linqual Pav
Upon determination of the Department Director that an employee's ability
to speak, read and/or write in Spanish contributes to the Department
providing better service to the public, the employee shall be eligible to
receive One Hundred Fifty ($150.00) Dollars per month in bi-lingual
pay. The certification process will confirm that the employee is fluent at
the street conversational level in speaking, reading and/or writing
Spanish. Employees certified shall receive bi-lingual pay the first full pay
period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Department Director with the concurrence of the Human
Resources Director.
K. Assignment Pay
An employee appointed by the Community Development Director to
regularly perform the duties of the Zoning Administrator as set forth in the
Zoning Code shall be provided temporary assignment pay at five percent
(5%) above the employee's base pay, to be paid on an hourly basis for all
hours worked in the assignment. This assignment pay is temporary and
will cease once the employee is no longer performing the duties of the
Zoning Administrator.
An Assistant Planner appointed by the Planning Director to regularly
perform the lead duties at the Plan Check Counter shall be provided
temporary assignment pay at five (5%) percent above the employee's
base pay, paid on an hourly basis for all hours worked in the assignment.
This assignment pay will cease once the employee is no longer
performing the duties of the lead person at the Plan Check Counter.
L. Weekend Standby
Information Technology staff assigned Standby for the purpose of
responding to calls for service during the weekend shall be paid $3 per
hour for each hour of assigned duty. Weekend will be defined as the 62
hours beginning on Friday at 5:00 p.m. and concluding Monday at 7:00
a.m. for a total of 62 hours per weekend. Standby compensation is not
considered PERSable pay. This provision is not intended to be a
guarantee of hours and the City shall retain the right to determine when
Standby duty shall be assigned.
M. One-Time Payment
Following City Council adoption of this 2015-18 MOU, or as soon
thereafter as reasonably practicable, currently employed unit members will
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receive a one-time payment of $2,400. The parties agree that this one-
time payment does not meet the criteria under California Code of
Regulations 571(b) as reportable compensation for retirement purposes.
SECTION 3 - Leaves
A. Flex Leave
Effective the pay period including January 1, 2013, all unit members shall
accrue Flex leave at the following rates :
Maximum
Years of Continuous Hrs Accrued per Annual Allowable
Service Pay Period hours Balance (hours)
1 but less than 5 6.00 156.00 468.00
5 but less than 9 6.61 171.86 515.58
9 but less than 12 7.23 187.98 563.94
12 but less than 16 8.15 211.90 635.70
16 but less than 20 8.77 228.02 684.06
20 but less than 25 9.38 243.88 731.64
25 and over 10.00 260.00 780.00
Members shall accrue three (3) months of Flex leave upon completion of
three (3) months of continuous employment with the City of Newport
Beach, provided however, this amount shall be reduced by any Flex leave
time advanced during the first three (3) months of employment. At the
completion of three months of employment, three (3) months of accrued
Flex leave will be placed in the employee's account. Employees who are
assigned to an 88 hour schedule per pay period will accrue time in
proportionate amounts.
1. Limit on Accumulation
Employees may accrue flex leave up to an accumulated total equal
to seventy eight (78) times the member's bi-weekly accrual rate.
Any flex leave earned in excess of this level will be paid on an hour
for hour basis in cash (spill over pay) at the employee's hourly rate
of pay. Members hired prior to July 1, 1996 shall be paid for
earned flex leave in excess of the maximum permitted accrual at
the member's hourly rate of pay provided that they have utilized at
least eighty (80) hours of flex leave the previous calendar year.
Employees accruing at the 16 years of continuous service level or
above shall be required to use 120 hours of flex leave the previous
calendar year to receive such excess pay. Employees who have
not utilized the required amount of leave the prior calendar year
shall not be eligible to accrue time above the maximum accrual
limit.
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Employees first hired, or rehired by the City subsequent to July 1,
1996 shall not be eligible for flex leave spill over pay and shall not
be entitled to accrue flex leave in excess of the flex leave accrual
threshold.
2. Method of Use
Flex leave may not be taken in excess of that actually accrued and
in no case, except for illness, may it be taken prior to the
completion of an employee's initial probationary period.
The Department Director shall approve all requests for flex leave
taking into consideration the needs of the Department, and
whenever possible the seniority and wishes of the employee.
B. Vacation Leave
Due to the conversion of employees to the Flex leave program, former
Vacation leave provision "B" is hereby removed and shall be referenced
exclusively in prior MOUs.
B. Sick Leave
This section applies only to those Regular Full time Employees hired on or
before January 1, 1990 and who have elected not to enroll in the Flex
Leave program.
1. Basis for Accrual/Full-time Employees
Employees entitled to sick leave with pay shall accrue sick leave
based on the number of hours in a normal work week for the
position to which they are assigned in accordance with the following
schedules:
Service Time Monthly
Accrual Accrual
0-1 year 4 hours
1-2 years 5 hours
2-3 years 6 hours
3-4 years 7 hours
4+ 8 hours
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2. Method of Use
(a) General
Sick leave may not be taken in excess of that actually
accrued.
(b) Approval
Sick leave may be granted only at the direction of or with the
approval of the Department Director and only for the
purposes defined in Section 11.2 of the Employee Policy
Manual.
3. Sick Leave Conversion
Employees who at the end of the calendar year have an accrued
level of sick leave equal to or greater than the full value of 50
months of accrued sick leave, and who have used six or less days
of sick leave during that calendar year will be permitted (only once
per year) to convert up to six (6) days of sick leave to either salary
or paid vacation at the value of 50% (maximum value of 3 days per
year). Eligible sick leave days converted to cash shall be at the
employee's option. Eligible sick leave days converted to paid
vacation shall require the approval of the Department Director.
C. Holiday Leave
Subject to the provisions herein, the following days shall be observed as
paid holidays by all unit members. For each designated holiday, except
the Floating Holiday, employees shall receive an equivalent number of
hours of paid leave or equivalent pay.
Independence Day July 4
Labor Day 1 st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thurs. in November
Friday following Thanksgiving
Christmas Eve Last 1/2 of working day
Christmas Day December 25
New Year's Eve Last 1/2 of working day
New Year's Day January 1
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Martin Luther King Day 3rd Monday in January
Floating Holiday July 1st- 1 day
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Holidays will be paid based on the employee's regular work day schedule.
For example, if an employee is on a 9/80 schedule and the holiday is
observed on a day that the employee is regularly scheduled to work 9
hours, the employee is entitled to receive 9 hours of holiday pay.
However, if an employee is on a 9/80 schedule and the holiday is
observed on a day that the employee is regularly scheduled to work 8
hours, the employee is entitled to receive 8 hours of holiday pay.
Employees will receive 8 hours of holiday pay annually for the Floating
Holiday.
1. Holidays listed above (except the floating holiday) occurring on a
Saturday shall be observed the preceding Friday. Holidays occurring
on a Sunday shall be observed the following Monday. (Half day
holidays shall be observed prior to the observed holiday).
2. Holiday pay will be paid only to employees who work their scheduled
day before and scheduled day after a holiday or are on authorized
leave (e.g. leave that has been reviewed and approved by the
Department Director).
3. In addition, for all employees an additional 8 hours of floating holiday
will be added to his/her vacation or flex leave accumulated total on the
first pay period in July each year.
E. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty
by an employee having a regular or probationary appointment because of
the death or terminal illness in his/her immediate family." Unit members
shall be entitled to five (5) working days of bereavement leave per
calendar year per incident(terminal illness followed by death is considered
one incident). Bereavement leave shall be administered in accordance
with the provisions of the Employee Policy Manual. Leave hours need not
be used consecutively, but should occur in proximate time to the
occurrence. For the purposes of this section, immediate family shall mean
an employee's father, mother, stepfather, stepmother, brother, sister,
spouse/domestic partner, child, stepchild, grandparents and the
employee's spouse's father, mother, brother, sister, child and
grandparents. The provisions of this Section shall not diminish or reduce
any rights a member may have pursuant to applicable provisions of State
or Federal law. An employee requesting bereavement leave shall notify
his/her supervisor as soon as possible of the need to take leave.
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F. Leave Sellback
Twice annually, employees shall have the option of selling back on an
hour for hour basis, accrued flex or vacation leave. In no event shall the
flex or vacation leave balance be reduced below one hundred and sixty
(160) hours. Hours sold back will be subject to the Retiree Health Savings
Plan Part C contributions, per Section 4 (F), Retiree Medical. For the term
of this MOU the Association has elected Part C contributions for Flex at
0%.
SECTION 4. — Fringe Benefits
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC)
composed of one representative from each employee association
group and up to three City representatives. The Benefits
Information Committee has been established to allow the City to
present data regarding carrier and coverage options, the cost of
those options, appropriate coverage levels and other health
programs. The purpose of the BIC is to provide each employee
group with information about health insurance/programs and to
receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In
addition to the contribution amounts listed below, the City shall
contribute the minimum CalPERS participating employer's
contribution towards medical insurance for employees enrolled in a
CalPERS medical plan, per Government Code Section 22892.
Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs. The City and the Newport Beach Professional
and Technical Employees Association will cooperate in pursuing
additional optional benefits to be available through the Cafeteria
Plan.
Unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change
coverages in accordance with plan rules and during regular open
enrollment period.
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The parties recognize that from July 1, 2015 through December 31,
2015 the City has contributed $1,549 per month (plus the PERS
minimum contribution) toward the Cafeteria Plan.
Effective the first pay issue in January 2016, the City's contribution
towards the Cafeteria Plan will increase by $76 per month to
$1,625 (plus the minimum Ca/PERS participating employer's
contribution).
Effective the first pay issue in January 2017, the City's contribution
towards the Cafeteria Plan will increase by $100 per month to
$1,725 (plus the minimum CaIPERS participating employer's
contribution).
NBPTEA members who do not enroll in any medical plan offered by
the City must provide evidence of group medical insurance
coverage, and execute an opt-out agreement releasing the City
from any responsibility or liability to provide medical insurance
coverage on an annual basis. Effective January 1, 2016, or as
soon thereafter is practicable following MOU adoption, the
maximum cafeteria allowance provided to employees who execute
an opt-out agreement is $1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
5. Healthcare Reform
The parties recognize that certain State and Federal laws,
programs and regulations, including the Affordable Care Act, may
impact future medical plan offerings. Effective July 2017, either
party may request to reopen Section 4,A,(2) regarding medical
insurance for the purpose of discussing alternative approaches and
proposals to providing healthcare coverage. In addition, should
State or Federal laws concerning taxation of healthcare benefits
change, the parties agree to meet and discuss the impact of such
change.
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B. Additional Insurance Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. An Association member may
request that medical, child care and other eligible expenses be paid
or reimbursed by the Section 125 Plan out of the employee's
account. The base salary of the employee will be reduced by the
amount designated by the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the
following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves
prior to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid
leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0%) percent of base salary.
Simultaneously, the City increased base wages by one (1.0%)
percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of$50,000. At age 70 the City-paid
life insurance is reduced by 50% of the pre-70 amount. This
amount remains in effect until the employee terminates from City
employment.
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C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Retirement Formula
The City contracts with California Public Employees Retirement
System (PERS) to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated
reform, the City has implemented First, Second and Third Tier
retirement benefits:
Tier 1: For employees hired by the City on or before November 23,
2012, the retirement formula shall be the 2.5% @ 55 calculated on
the basis of the best/single highest year.
Tier 2: For employees first hired by the City between November 24
and December 31, 2012, or hired on or after January 1, 2013 and
are current members of the retirement system, as defined in Public
Employees Pension Reform Act, the retirement formula shall be 2%
@ 60 calculated on the average 36 highest month's salary.
Tier 3: For employees first hired by the City on or after January 1,
2013, and who do not meet the Tier 2 criteria, the retirement
formula shall be 2% @ 62 calculated on the average 36 highest
month's salary.
2. Employee Contributions
The Association has agreed to share in the rising cost of pension
obligations. Under the terms of this MOU, unit members will
contribute additional amounts toward the PERS retirement benefit,
to the extent permissible by law. Should any provision be deemed
invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions. At the conclusion
of this contract employees in each Tier will contribute 13% of
pensionable pay toward the retirement benefit.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be calculated on base pay,
special pays, and other pays normally reported as "PERSable"
compensation, and will be made on a pre-tax basis through payroll
deduction, to the extent allowable by the government tax code. It is
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recognized that these payments will not be reported to PERS as
contributions toward either the Member or Employer rate, as
provided under GC Section 20516(f).
Under a separate agreement, and ratified via a contract
amendment with CalPERS in 2008, the modified normal member
-contribution for Tier 1 employees is 10.42% of pensionable
compensation.
The parties recognize that from July 1, 2015 through December 31,
2015, NBPTEA members have been paying, in addition to the
member contribution, a portion of the Employer rate under a
205160 cost sharing agreement. The normal Member rate and the
cost sharing rate vary by Tier. However, the combined contribution
rate for each Tier equals 12.35% of pensionable compensation, as
provided in a prior agreement.
Tier 1 and Tier 2 Employees: Effective the pay period including
January 1, 2016, Tier 1 and Tier 2 employees shall contribute an
additional .35% of pensionable pay toward retirement costs
pursuant to Government Code Section 20516 (f), for a total of
12.70%. Effective the pay period including January 1, 2017, Tier 1
and Tier 2 employees shall contribute an additional .30% of
pensionable pay toward retirement costs for a total employee
contribution of 13%.
Tier 3 Employees: The minimum statutory employee contribution
for employees in Tier 3 is subject to the provisions of the Public
Employees Pension Reform Act of 2012 (PEPRA) and equals 50%
of the "total normal cost". Effective the pay period including
January 1, 2016, in addition to the statutorily required 50%
contribution of total normal costs, Tier 3 employees shall make an
additional contribution of base pay toward retirement pursuant to
Government Code Section 20516(17, for a total employee
contribution of 12.7%.
Effective the pay period including January 1, 2017, in addition to
the statutorily required 50% contribution of total normal costs, Tier 3
employees shall make an additional contribution of base pay
toward retirement pursuant to Government Code Section 20516(x],
for a total employee contribution of 13%.
In the event pension reform is modified by State or Federal
legislation, resulting in changes to previously negotiated terms, the
parties agree to meet and confer to discuss subsequent changes to
the contract.
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The City contracts with PERS for the 4th Level 1959 Survivors Insurance
Benefit, $500 Lump Sum Death Benefit, Sick Leave Credit, Military
Service Credit, 2% Cost of Living Adjustment and. the pre-retirement
option settlement 2 death benefit (Section 21548).
E. LIUNA Supplemental Pension
The City shall contribute, on behalf of each unit member, one and one half
percent (1.5%) of base salary into the LIUNA Supplemental Pension Fund.
The City's sole obligation is to forward the agreed upon amount to the
fund. The City is not responsible for, nor does it make any representation
regarding, the payment of benefits to unit members.
Effective January 1, 2007, The City increased the base salary of all
members by 1.5%, and then deducted that same amount as a mandatory
employee contribution. For tax purposes, the contributions, although
designated employee contributions, are being paid by the employer in lieu
of contributions by the employee. The contributions are deemed "picked-
up" and treated as employer contributions, thereby excluding the
employee's gross income until distributed. Employees cannot opt out of
the "pick-up," or receive the contributed amounts directly instead of having
them paid to the plan. Participation at the same level will continue to be
mandatory for members of the Association. In accordance with
correspondence received from a legal expert retained by the City, this
amount will not be taxable, except for Medicare. Minor changes to other
compensation related items that are calculated from base salary will also
result from this administrative change.
The Association agrees with the procedural change, and acknowledges
that members who leave City employment prior to vesting in the LIUNA
pension plan will still have no right to return of amounts contributed, or
other recourse against the City concerning LIUNA.
The Association and LIUNA agree to defend, indemnify and hold harmless
the City for its actions pursuant to this section.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new program
will be ongoing for an extended period. During the transition, employees
and (then) existing retirees have been administratively classified into one
of four categories. The benefit is structured differently for each of the
categories. The categories are as follows:
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a. Category 1 - Employees newly hired after January 1, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2006 was less
than 50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2006.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2006, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program, i.e.MERP)
a. For emplovees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory
employee contributions or City paid employer contributions, so they
are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to
the account. Benefit payments are not taxable when withdrawn,
because the plan requires that all distributions be spent for specified
health care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1% of
Salary.
Part B contributions (employer contributions): $1.50 per month for
each year of service plus year of age (updated every January 151
based on status as of December 31st of the prior year). Effective
January 2008, this contribution will increase to $2.50 per month.
Part C contributions (leave settlement as determined by Association):
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The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non-safety members within an
Association may have different levels. The participation level should
be specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the
City, or cashing out leave at any other time, would have the cash
equivalent of 50% of the amount that is cashed out added to the
RHS, on a pre-tax basis. The remaining 50% would be paid in cash
as taxable income. Individual employees would not have the option
to deviate from this breakout.
The Association has decided to participate in Part C contributions at
the level of zero percent (0%) Flex and zero percent (0%) Sick
Leave. This amount may be changed, on a go forward basis, as part
of a future meet and confer process. However, the participation level
must be the same for all employees within the Association.
Additionally, the purpose and focus of these changes should be
toward long-term, trend type adjustments. Due to IRS restrictions
regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward
satisfying the desires of a group of imminent retirees.
Spillover pay and Compensatory Time are not eligible for Part C
contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule, which specifies the amount of
sick leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be "cashed out" at
800, and specifies that sick leave hours are "cashed out" on a 2 for 1
basis (800 hours of sick leave are converted to 400 hours for cash
purposes). Sick leave participation is a separate item from
vacation/flex leave participation, and thresholds must be separately
identified by the Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
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Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City
employment. At that time, the City will credit the first five years' worth
of Part B contributions into the Employee Account (interest does not
accrue during that period). Thereafter, contributions are made bi-
weekly. Part C deposits, if any, will be made at the time of
employment separation.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account balance
is zero. This right is triggered upon separation. If an employee
leaves the City prior to five years employment, only the Part A
contributions and Part C leave settlement contributions, if any, will be
in the RHS Employee Account. Such an employee will not be
entitled to any Part B contributions. The exception to this is a full-
time employee, participating in the program, who leaves the City due
to industrial disability during the first five years of employment. In
such cases, the employee will receive exactly five years' worth of
Part B contributions, using the employee's age and compensation at
the time of separation for calculation purposes. This amount will be
deposited into the employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained
in IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care
insurance, and miscellaneous medical expenses not covered by
insurance for the employee and his or her spouse and legal
dependents — again only as permitted by IRS Publication 502.
Qualification for dependency status will be determined by guidelines
in IRC 152. If used for these purposes, distributions from the RHS
accounts will not be taxable. Cash withdrawal for any other purpose
is prohibited. Under recent IRS Revenue Ruling 2005-24, any
balance remaining in the Employee Account after the death of the
employee and his or her spouse and/or other authorized dependents
(if any) must be forfeited. That particular RHS Employee Account will
be closed, and any remaining funds will become general assets of
the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CalPERS medical
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plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from the
retiree's RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the
interim.
Employees in Category 2 who had less than five years' service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years total service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their
RHS accounts after they retire from the City, to continue as long as
the employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for
the duration of their employment to partially offset part of this
expense to the City. The maximum benefit provided by the City after
retirement is $4,800 per year, accruing at the rate of$400 per month.
There is no cash out option for these funds, and they may not be
spent in advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of$75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires
from the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that there is
no cost share requirement, and the $400 City contribution after
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retirement can be used for any IRS authorized purpose, not just City
insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program-wide administration by the vendor will be paid
by the City. However, specific vendor charges for individual account
transactions that vary according to the investment actions taken by each
employee, such as fees or commissions for trades, will be paid by each
employee.
The City's Deferred Compensation Committee, or its successor committee,
will have the authority to determine investment options that will be available
through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree Medical
Program shall be valued at 1% of salary on which PERS retirement is based
(Part A); plus .25% of other compensation (Part B).
G. Tuition Reimbursement
NBPTEA members attending accredited community colleges, colleges,
trade schools or universities, or recognized professional organizations or
agencies may apply for reimbursement of one hundred percent (100%) of
the actual cost of tuition, books, fees or other student expenses for
approved job—related coursework, seminars or professional development
programs. Effective January 1, 2013, reimbursement will increase by
$100, for a maximum annual benefit of $1,500 per fiscal year. Effective
January 1, 2016, reimbursement will increase to a maximum annual
benefit of $2,000 per fiscal year. Reimbursement is contingent upon the
successful completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a grade of "B" or
better for graduate courses. All claims for tuition reimbursement require
the approval of the Human Resources Director or designee.
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SECTION 5. - Miscellaneous/Working Conditions
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager
determines that a reduction in the work force is warranted because of
actual or anticipated reductions in revenue, reorganization of the work
force, a reduction in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification or
Series and this Section should be interpreted accordingly.
DEFINITIONS
1. "Layoffs" or "Laid Off' shall mean the non-disciplinary termination or
employment.
2. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted permanent status in the current
Classification or any Classification within the Series, subject to the
following:
(a) Credit shall be given only for continuous service subsequent
to the most recent appointment to permanent status in the
Classification or Series; and
(b) Seniority shall include time spent on industrial leave, military
leave, and leave of absence without pay, but shall not
include time spent on any other authorized or unauthorized
leave of absence.
3. "Classification" shall mean one or more full time positions identical
or similar in duties not including part-time, seasonal or temporary
positions. Classification within a Series shall be ranked according
to pay (lowest ranking, lowest pay).
4. "Series" shall mean two or more classifications within a Department
which require the performance of similar duties with the higher
ranking classification(s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those classifications following a meet and consult
process which constitute a Series.
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5. "Bumping Rights", "Bumping" or "Bump" shall mean (1) the right of
an employee, based upon seniority within a series to bump into a
lower ranking classification within the same series, (2) to be
followed by, an employee being permitted to bump into a
classification within a different series. The latter bumping shall be
based upon unit wide seniority and shall be limited to a
classification in which the employee previously held regular status.
No employee shall have the right to bump into a classification for
which the employee does not possess the minimum qualifications
such as specialized education, training or experience.
PROCEDURE
In the event the City Manager determines to reduce the number of
employees within a classification, the following procedures are applicable:
1. Temporary and probationary employees within any classification
shall, in that order, be laid off before permanent employees.
2. Employees within a classification shall be laid off in inverse order of
seniority.
3. An employee subject to layoff in one classification shall have the
right to bump a less senior employee in a lower ranking
classification within a series. An employee who has bumping rights
shall notify the Department Director within three (3) working days
after notice of layoff of his/her intention to exercise bumping rights.
4. In the event two or more employees in the same classification are
subject to layoff and have the same seniority, the employees shall
be laid off following the Department Director's consideration of
established performance evaluations.
NOTICE
Employees subject to lay-off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days' pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by the Employee Policy Manual.
REEMPLOYMENT
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. The re-
employment list shall expire in 18 months. In the event a vacant position
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occurs in the classification which the employee occupied at the time of
layoff, or a lower ranking classification within a series, the employee at the
top of the Department re-employment list shall have the right within seven
(7) days of written notice of appointment. Notice shall be deemed given
when personally delivered to the employee or deposited in the U.S. Mail,
first class postage prepaid, and addressed to the employee at his or her
last known address. Any employee shall have the right to refuse to be
placed on the re-employment list or the right to remove his or her name
from the re-employment list by sending written confirmation to the Human
Resources Director.
SEVERANCE
If an employee is laid off from their job with the City, for economic reasons,
the City will grant severance pay in an amount equal to one week of pay
for every full year of continuous employment service to the City of Newport
Beach, to a maximum of ten (10) weeks' severance pay.
B. Recruitment and Selection
Position vacancy announcements for available City positions shall be
distributed in a manner that reasonably assures unit members access to
the announcements. In order to select the most qualified individual for
vacant positions the City will continue its practice of "banding" candidates
into one of the following ratings: Outstanding, Highly Recommended,
Recommended, and Not Recommended, during the testing process.
Department Directors review qualified candidates in band order, beginning
with the top band and are permitted to hire any eligible candidate from the
list(minimum rating of Recommended).
Where no less than 2 unit members achieve top three ranking on a
certified eligible list, selection to the position shall be made with
preference given to the unit members so qualified.
C. 9/80 Scheduling Plan
The City agrees to maintain flex-scheduling where it is currently operating
successfully.
In January 2011 the 9/80 flex-schedule was be modified as follows:
employees were provided the option of alternating Fridays off only.
Employees on a 9/80 schedule with alternating Mondays or any other day
off converted to Fridays off beginning in January 2011. To ensure
effective coverage, employees on the 9/80 schedule will be divided into
groups A or B, with equal numbers of staff as much as possible, including
management and supervisory staff, off on alternating Fridays. To ensure
ongoing compliance with Fair Labor Standards Act, and to maintain
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organizational efficiency, deviations from established flex days, if legally
permitted, will be considered on a case-by-case basis.
D. Labor Management Committee
The City will work with NBPTEA leadership, through its managers, to
establish labor-management committees departmentally whenever it is
mutually determined it is appropriate to do so.
E. Grievance Procedure
Any employee or group of employees may file a grievance regarding the
interpretation or application of the "Employer-Employee Relations
Resolution" (RESOLUTION 2001-50), this MOU, or of rules and
regulations, adversely affecting an employee's wages, hours, or conditions
of employment.
A grievance shall be filed according to the following procedure:
Step 1: A grievance may be filed by any employee on his/her own behalf,
or jointly by a group of employees, or by a Recognized Employee
Organization.
A grievance shall be brought to the attention of the immediate supervisor
for discussion within ten (10) days of when the grievance arose. If the
Employee is not satisfied with the decision reached through the informal
discussion or if extenuating circumstances exist, the Employee shall have
the right to file a formal grievance in accordance with Step 2 of this
section. Grievances not presented within the time period shall be
considered resolved.
The supervisor shall meet with the grievant to settle grievance and give a
written answer to the grievant within seven (7) calendar days from receipt
of the grievance by the supervisor. When the immediate supervisor is
also the department head the grievance shall be presented in Step 2.
Step 2: If the employee is not in agreement with the decision rendered in
Step 1, an employee shall have the right to present a formal grievance to
the Department Director within ten (10) Days after the discussion in Step
1. The right to file a grievance petition shall be waived in the event the
Employee fails to file a formal grievance within ten (10) Days after the
occurrence of the incident that forms the basis of the grievance. All formal
grievances shall be submitted on the form prescribed by the Human
Resources Director and no formal grievance shall be accepted until the
form is complete. The formal grievance shall contain a clear, concise
statement of the grievance, the facts upon which the grievance is based,
the rule, regulation or policy the interpretation of which is involved in the
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018
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grievance, and the specific remedy or remedies sought by the grievant.
The Department Director should render a written decision within ten (10)
Days after receipt of the formal grievance.
Step 3: If the formal grievance has not been satisfactorily adjusted in Step
2, it may be appealed to the City Manager within ten (10) Days after the
Employee receives the decision. The City Manager may accept or reject
the decision of the Department Director and shall render a written decision
within ten (10) Days after conducting a grievance hearing. The decision of
the City Manager shall be final and conclusive. If mutually agreeable, a
meeting may be conducted involving all affected parties at any step in the
grievance procedure prior to a decision. The City Manager may delegate
uninvolved Department Directors to act on behalf of the City Manager to
provide findings and recommendations. The findings and
recommendations of the uninvolved Department Directors are advisory
only and the City Manager's decision shall be final.
Time Limits: Grievances shall be processed from one step to the next
within the time limit indicated for each step. Time limits shall be strictly
enforced. Any time limits established in this Manual can be waived or
extended only by mutual agreement confirmed in writing. Any grievance
not carried to the next step by the Employee within the prescribed time
limit shall be deemed resolved upon the basis of the previous decision.
F. Probation
1. Probationary Period
Newly hired employees shall serve a twelve (12) month
probationary period. The probationary period for promoted
employees shall be six (6) months.
Newly hired employees shall become eligible for their first step
increase after twelve (12) months. All other City rules regarding
step increases shall remain unchanged.
2. Failure of Probation
(a) New Probation
An employee on new probation may be released at the sole
discretion of the City at any time without right of appeal or
hearing, except as provided in (c), below.
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(b) Promotional Probation
An employee on promotional probation may be failed at any
time without right of appeal or hearing, except as provided in
(c), below, and except that failing an employee on
promotional probation must not be arbitrary, capricious or
unreasonable.
An employee who fails promotional probation shall receive a
performance evaluation stating the reason for failure of
promotional probation.
When an employee fails his or her promotional probation,
the employee shall have the right to return to his or her
former class provided the employee was not in the previous
class for the purpose of training for a promotion to a higher
class. When an employee is returned to his or her former
class, the employee shall serve the remainder of any
uncompleted probationary period in the former class.
If the employee's former class has been deleted or
abolished, the employee shall have the right to return to a
class in his or her former occupational series closest to, but
no higher than, the salary range of the class which the
employee occupied immediately prior to promotion and shall
serve the remainder of any probationary period not
completed in the former class.
(c) Probationary Release
An employee who alleges that his or her probationary
release was based on discrimination by the City, may submit
a grievance within ten (10) days after receipt of the Notice of
Failure of Probation.
G. Salary on Reclassification
The City will amend its Employee Policy Manual to provide for a minimum
salary increase of five (5%) percent upon reclassification (not to exceed
the maximum of the new salary range).
H. Employee Handbook
There will be a consolidation of documents to be given to each employee.
This consolidation will be comprised of the Employee Policy Manual,
related Departmental Rules and Regulations; Employee/Employer
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Resolutions and a copy of this Memorandum of Understanding. More
information may be included.
I. Direct Deposit
All employees shall participate in the payroll direct deposit system.
J. Uniforms
For assigned Community Development and Public Works Department
staff whose regular daily duties involve field work outside of the office,
uniforms shall be worn at all times during regular business hours. Field
staff shall be provided with City designated collared shirts (polo or button
down as determined by Department) annually and one City designated
winter jacket; replacement on an as-needed basis. In addition, inspections
staff (Building and Public Works) will be provided one pair of work boots
annually. If the provided winter jacket or work boots are lost, the employee
shall replace them with one meeting Department specifications. Work
boots shall provide toe protection and meet Department safety standards
for construction sites. The Department Head or designee may approve
exceptions to wearing uniforms.
K. Separability
Should any part of this MOU or any provision herein contained be
rendered or declared invalid, by reason of any existing or subsequently
enacted Legislation, or by decree of a Court of competent jurisdiction,
such invalidation of such part or portion of this MOU shall not invalidate
the remaining portion hereto, and same shall remain in full force and
effect; provided, however, that should provisions of this MOU relating to
any schedule adjustment be declared invalid, City agrees to provide
alternative benefits agreeable to NBPTEA, to employees, which will cause
such employees to receive the same amount of money as they would
have received had such provision not been declared invalid.
Signatures are on the next page.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018
31
Executed this day of 2016.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
By: M� PA. J�/V��
Ryan Stadlman, Secretary/Treasurer
CITY OF NEWPORT BEACH
By:
Diane B. Dixon, Mayor
ATTEST:
By:
Leilani Brown, City Clerk
r
APe-ROVED DA TO FORM:
Aaron Harp, City Attorney 1(41140
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2015-2018
Newport Beach Professional and Technical Employees Association Represented Classifications and
Pay Rates
Effective January 1,2016
2.65%wage increase
Hourly Monthly
Represented Classification Min Max Min Max
Accountant $30.24 $42.49 $5,242 $7,364
Accountant,Senior $34.74 $48.88 $6,021 $8,473
Building Inspector,Principal $37.99 $53.45 $6,585 $9,265
Building Inspector] $29.83 $41.97 $5,171 $7,275
Building Inspector II $32.05 $45.11 $5,555 $7,820
Building Inspector,Senior $34.46 $48.50 $5,973 $8,407
Buyer,Senior $32.09 $45.15 $5,562 $7,825
Code Enforcement Officer II $29.11 $41.00 $5,046 $7,106
Code Enforcement Officer,Senior $32.77 $46.10 $5,680 $7,991
Code Enforcement Officer,Trainee $21.09 $29.68 $3,656 $5,144
Code Enforcement Officer 1 $25.30 $35.61 $4,386 $6,172
Code Enforcement Supervisor $37.99 $53.45 $6,585 $9,265
Civil Engineer-Plan Check $41.97 $59.10 $7,275 $10,243
Civil Engineer Senior-Plan Check $46.24 $65.05 $8,016 $11,275
Civil Engineer,Assoc-Plan Check $38.09 $53.63 $6,603 $9,297
Civil Engineer-PW $41.97 $59.10 $7,275 $10,243
Civil Engineer Assoc 5% $40.02 $56.28 $6,936 $9,756
Civil Engineer Jr.+5% $36.16 $50.89 $6,268 $8,822
Civil Engineer,Associate $38.09 $53.63 $6,603 $9,297
Civil Engineer,Junior $34.46 $48.52 $5,973 $8,411
Civil Engineer,Senior $46.24 $65.05 $8.016 $11,275
Construct.Inspec.Super $40.02 $56.28 $6,937 $9,756
Emp Plans Examiner $40.02 $56.28 $6,937 $9,756
Engineering Technician $26.39 $37.19 $4,574 $6,446
Engineering Technician,Senior $29.11 $41.00 $5,046 $7,106
GIS Analyst $34.18 $48.08 $5,925 $8,334
GIS Technician $27.20 $38.27 $4,715 $6,633
Harbor Resources Supervisor $38.60 $54.26 $6,690 $9,405
Harbor Resources Tech I $22.85 $32.15 $3,961 $5,573
Harbor Resources Tech II $25.30 $35.62 $4,386 $6,174
Information Systems Coordinator $44.04 $61.95 $7,633 $10,738
IT Apps Analyst $34.18 $48.08 $5,925 $8,334
IT Apps Analyst,Sr. $37.96 $53.39 $6,580 $9,254
IT Apps Supervisor $47.17 $66.37 $8,176 $11,505
IT Operations Supervisor $44.12 $62.02 $7,647 $10,750
IT Specialist 111 $31.71 $44.61 $5,496 $7,733
IT Specialist,Senior $36.57 $51.46 $6,340 $8,919
IT Technician $21.09 $29.68 $3,656 $5,144
Management Assistant $29.87 $42.05 $5,178 $7,288
Permit Counter Supervisor $32.02 $45.06 $5,550 $7,811
Permit Technician I $25.17 $35.36 $4,363 $6,130
Permit Technician 11 $29.11 $41.00 $5,046 $7,106
Planner,Assistant $29.11 $41.00 $5,046 $7,106
Planner,Associate $32.09 $45.15 $5,562 $7,825
Planner,Senior $38.60 $54.26 $6,690 $9,405
Planning Technician $26.47 $37.26 $4,589 $6,459
Public Works Inspector 1 $29.83 $41.97 $5,171 $7,275
Public Works Inspector II $32.05 $45.11 $5,555 $7,820
Public Works Inspector Senior $34.46 $48.50 $5,973 $8,407
Real Property Administrator $37.99 $53.45 $6,585 $9,265
Res Building Records Insp $29.11 $41.00 $5,046 $7,106
Revenue Auditor $32.46 $45.68 $5,626 $7,918
Traffic Eng Tech,Sr. $31.36 $44.15 $5,436 $7,653
Traffic Engineering Tech $29.87 $42.05 $5,178 $7,288
Urban Forester $32.02 $45.06 $5,550 $7,811
Water Conservation Coord $33.43 $47.07 $5,795 $8,158
32
Newport Beach Professional and Technical Employees Association Represented Classifications and
Pay Rates
Effective January 1,2017
2.65%wage increase
Hourly Monthly
Represented Classification Mtn Max Min Max
Accountant $31.04 $43.61 $5,381 $7,560
Accountant,Senior $35.66 $50.18 $6,181 $8,697
Building Inspector,Principal $39.00 $54.87 $6,760 $9,510
Building Inspector 1 $30.62 $43.09 $5,308 $7,468
Building Inspector II $32.90 $46.31 $5,702 $8,027
Building Inspector,Senior $35.37 $49.79 $6,131 $8,630
Buyer,Senior $32.94 $46.34 $5,709 $8,033
Code Enforcement Officer II $29.88 $42.08 $5,180 $7,295
Code Enforcement Officer,Senior $33.64 $47.32 $5,831 $8,202
Code Enforcement Officer,Trainee $21.65 $30.46 $3,753 $5,280
Code Enforcement Officer 1 $25.97 $36.55 $4,502 $6,336
Code Enforcement Supervisor $39.00 $54.87 $6,760 $9,510
Civil Engineer-Plan Check $43.09 $60.66 $7,468 $10,515
Civil Engineer Senior-Plan Check $47.47 $66.77 $8,228 $11,574
Civil Engineer,Assoc-Plan Check $39.10 $55.06 $6,778 $9,543
Civil Engineer-PW $43.09 $60.66 $7,468 $10,515
Civil Engineer Assoc 5% $51.62 $57.77 $8,948 $10,014
Civil Engineer Jr.+5% $41.08 $52.24 $7,120 $9,055
Civil Engineer,Associate $39.10 $55.06 $6,778 $9,543
Civil Engineer,Junior $35.37 $49.81 $6,131 $8,633
Civil Engineer,Senior $47.47 $66.77 $8,228 $11,574
Construct.Inspec.Super $41.08 $57.77 $7,121 $10,014
Emp Plans Examiner $41.08 $57.77 $7,121 $10,014
Engineering Technician $27.09 $38.18 $4,696 $6,617
Engineering Technician,Senior $29.88 $42.08 $5,180 $7,295
GIS Analyst $35.09 $49.36 $6,082 $8,555
GIS Technician $27.92 $39.28 $4,840 $6,808
Harbor Resources Supervisor $39.62 $55.70 $6,867 $9,654
Harbor Resources Tech 1 $23.46 $33.00 $4,066 $5,720
Harbor Resources Tech II $25.97 $36.56 $4,502 $6,338
Information Systems Coordinator $45.20 $63.59 $7,835 $11,022
IT Apps Analyst $35.09 $49.36 $6,082 $8,555
IT Apps Analyst,Sr. $38.97 $54.80 $6,754 $9,499
IT Apps Supervisor $48.42 $68.13 $8,392 $11,810
IT Operations Supervisor $45.29 $63.66 $7,850 $11,035
IT Specialist 111 $32.55 - $45.79 $5,642 $7,938
IT Specialist,Senior $37.54 $52.82 $6,508 $9,156
IT Technician $21.65 $30.46 $3,753 $5,280
Management Assistant $30.66 - $43.16 $5,315 $7,481
Permit Counter Supervisor $32.86 $46.26 $5,697 $8,018
Pennit Technician 1 $25.84 $36.30 $4,478 $6,292
Permit Technician 11 $29.88 $42.08 $5,180 $7,295
Planner,Assistant $29.88 $42.08 $5,180 $7,295
Planner,Associate $32.94 $46.34 $5,709 $8,033
Planner,Senior $39,62 $55.70 $6,867 $9,654
Planning Technician $27.17 $38.25 $4,710 $6,630
Public Works Inspector 1 $30.62 $43.09 $5,308 $7,468
Public Works Inspector II $32.90 $46.31 $5,702 $8,027
Public Works Inspector Senior $35.37 $49.79 $6,131 $8,630
Real Property Administrator $39.00 $54.87 $6,760 $9,510
Res Building Records Insp $29.88 $42.08 $5,180 $7,295
Revenue Auditor $33.32 $46.89 $5,775 $8,128
Traffic Eng Tech,Sr. $32.19 $45.32 $5,580 $7,855
Traffic Engineering Tech $30.66 $43.16 $5,315 $7,481
Urban Forester $32.86 $46.26 $5,697 $8,018
Water Conservation Coord $34.32 $48.31 $5,949 $8,374
33
Newport Beach Professional and Technical Employees Association Represented Classifications and
Pay Rates
Effective January 1,2018
2.65%wage increase
Hourly Monthly
Represented Classification Min Max Min Max
Accountant $31.86 $44.77 $5,523 $7,760
Accountant,Senior $36.60 $51.51 $6,344 $8,928
Building Inspector,Principal $40.03 $56.32 $6,939 $9,762
Building Inspector 1 $31.43 $44.23 $5,448 $7,666
Building Inspector II $33.77 $47.54 $5,853 $8,240
Building Inspector,Senior $36.31 $51.11 $6,294 $8,859
Buyer,Senior $33.81 $47.57 $5,861 $8,245
Code Enforcement Officer II $30.67 $43.20 $5,317 $7,488
Code Enforcement Officer,Senior $34.53 $48.57 $5,985 $8,419
Code Enforcement Officer,Trainee $22.23 $31.27 $3,853 $5,420
Code Enforcement Officer 1 $26.66 $37.52 $4,621 $6,504
Code Enforcement Supervisor $40.03 $56.32 $6,939 $9,762
Civil Engineer-Plan Check $44.23 $62.27 $7,666 $10,793
Civil Engineer Senior-Plan Check $46.73 $68.54 $8,446 $11,881
Civil Engineer,Assoc-Plan Check $40.14 $56.51 $6,957 $9,796
Civil Engineer-PW $44.23 $62.27 $7,666 $10,793
Civil Engineer Assoc 5% $42.17 $59.31 $7,309 $10,280
Civil Engineer Jr.+5% $38.11 $53.63 $6,605 $9,295
Civil Engineer,Associate $40.14 $56.51 $6,957 $9,796
Civil Engineer,Junior $36.31 $51.13 $6,294 $8,862
Civil Engineer,Senior $48.73 $68.54 $8,446 $11,881
Construct. Inspec.Super $42.17 $59.31 $7,310 $10,280
Emp Plans Examiner $42.17 $59.31 $7,310 $10,280
Engineering Technician $27.81 $39.19 $4,820 $6,792
Engineering Technician,Senior $30.67 $43.20 $5,317 $7,488
GIS Analyst $36.02 $50.66 $6,243 $8,782
GIS Technician $28.66 $40.32 .$4,968 $6,989
Harbor Resources Supervisor $40.67 $57.17 $7,049 $9,910
Harbor Resources Tech 1 $24.08 $33.88 $4,173 $5,872
- Harbor Resources Tech II $26.66 $37.53 $4,621 $6,506
Information Systems Coordinator $46.40 $65.28 $8,043 $11,315
IT Apps Analyst $36.02 $50.66 $6,243 $8,782
IT Apps Analyst,Sr. $40.00 $56.26 $6,933 $9,751
IT Apps Supervisor $49.70 $69.94 $8,615 $12,123
IT Operations Supervisor $46.49 $65.35 $8,058 $11,328
IT Specialist III $33.41 $47.01 $5,791 $6,148
IT Specialist,Senior $38.54 $54.22 $6,680 $9,398
IT Technician $22.23 $31.27 $3,853 $5,420
Management Assistant $31.48 $44.30 $5,456 $7,679
Permit Counter Supervisor $33.74 $47.48 $5,848 $8,230
Permit Technician l $26.52 $37.26 $4,597 $6,459
Permit Technician II $30.67 $43.20 $5,317 $7,488
Planner,Assistant $30.67 $43.20 $5,317 $7,488
Planner,Associate $33.81 $47.57 $5,861 $8,245
Planner,Senior $40.67 $57.17 $7,049 $9,910
Planning Technician $27.90 $39.26 $4,835 $6,806
Public Works Inspector 1 $31.43 $44.23 $5,448 $7,666
Public Works Inspector II $33.77 $47.54 $5,853 $8,240
Public Works Inspector Senior $36.31 $51.11 $6,294 $8,859
Real Property Administrator $40.03 $56.32 $6,939 $9,762
Res Building Records Insp $30.67 $43.20 $5,317 $7,488
Revenue Auditor $34.20 $48.13 $5,928 $8,343
Traffic Eng Tech,Sr. $33.04 $46.52 $5,728 $8,064
Traffic Engineering Tech $31.48 $44.30 $5,456 $7,679
Urban Forester $33.74 $47.48 $5,848 $8,230
Water Conservation Coord $35.23 $49.59 $6,106 $8,596
34
Approved Certifications- Professional and Technical Employees Association
Certificate Eligible Positions Monthly Amt
City Ma na er's Office—Information Technology IT
Geographic Information System Professional IGIS Analyst $75
(GISP) IGIS Technician $75
CCENT(Cisco Certified Entry Networking IT Operations Supervisor $85
Technician) IT Specialist,Sr.
IT Specialist 1/11/III
Info Sys Coordinator
CCNA certification(Cisco Certified Network IT Operations Supervisor $85
Associate) IT Specialist,Sr.
IT Specialist 1/II/III
Info Sys Coordinator
Microsoft Certified Technology Specialist IT Operations Supervisor $75
(MCTS) IT Specialist,Sr.
IT Specialist 1/11/111
Info Sys Coordinator
Microsoft Certified Systems Administrators IT Operations Supervisor $85
(MCSAs) IT Specialist,Sr.
IT Specialist 1/II/III
Info Sys Coordinator
Microsoft Certified Systems Engineers(MCSEs) IT Operations Supervisor $75
IT Specialist,Sr.
IT Specialist 1/11/III
Info Sys Coordinator
Microsoft Certified Professional(MCP)** IT Operations Supervisor $75
IT Specialist,Sr.
IT Specialist 1/11/III
Info Sys Coordinator
CompTIA A+ IT Operations Supervisor $75
IT Specialist,Sr.
IT Specialist 1/II/111
Info Sys Coordinator
CompTIA Network+ IT Operations Supervisor $75
IT Specialist,Sr.
IT Specialist 1/II/III
Info Sys Coordinator
Virtual Infrastructure Professional(VIP) or IT Operations Supervisor $75
VMWare Certified Professional(VCP) IT Specialist,Sr.,
IT Specialist 1/II/111
Info Sys Coordinator
Land Surveyor in Training(LSIT)** or GIS Analyst $75
Fundamental of Surveying(FS)**
MunicipalO erationsDepartment
Certified Arborist Urban Forester $75
Certified Comm'I Pesticide Applicator Urban Forester $65
Public Works&CommunitV Development
Traffic Engineer Junior Engineer $85
Associate Civil Engineer
Associate Engineer
Senior Engineer rev 2/29/08)
35 1/12/16
Approved Certifications-Professional and Technical Employees Association
Public Works&Community Development
Prestressed Concrete Special Inspector** PW Inspector I&II,Sr PW Inspector,Construction $75
Inspection Supv., Principal Building Inspector,Senior
Building Inspector,Building Inspector
Structural Masonry Special Inspector** PW Inspector I&II,Sr PW Inspector,Construction $75
Inspection Supv.,Principal Building Inspector,Senior
Building Inspector,Building Inspector
Reinforced Concrete Special Inspector** PW Inspector I&II,Sr PW Inspector,Construction $75
Inspection Supv., Principal Building Inspector,Senior
Building Inspector,Building Inspector
Community Development Department&Public Works (Code&Water Quality Enforcement)
Certified Code Enforcement Officer(CACEO) CWQ Enfrc Officer,Sr CWQ Enfrc Offcr $65
Certificate in Investigative Interview and CWQ Enfrc Officer,Sr CWQ Enfrc Offcr $45
Interrog Techniques BATT **
Community Development Department(Planning)
American Institute of Certified Planners Planner,Sr. $85
(AICP)** Planner,Associate
Planner,Assistant
Planning Technician
AICP Exam Fee Planner,Sr. One time payment
Planner,Associate for Exam Fee up to.
Planner,Assistant $495; refundable if
Planning Technician APA application is
rejected
Community Development Department&Public Works
ICC Permit Technician*** All represented Prof Tech Positions from the Building $70
ICC or California Residential Building Inspector Division,Code Enforcement, and Public Works $75
Department, not specifically covered in MOU
ICC or California Residential Electrical Inspector $75
ICC or California Residential Plumbing Inspector $75
ICC or California Residential Mechanical $75
Inspector
ICC or California Commercial Building Inspector $75
ICC or California Commercial Electrical $75
ICC or California Commercial Plumbing $75
ICC or California Commercial Mechanical $75
Inspector
California Access specialist Casp $100
ICC California Building Plans Examiner $85
ICC Building Plans Examiner 85
36 1/12/16
Approved Certifications-Professional and Technical Employees Association
Community Development Department&Public Works
ICC Electrical Plans Examiner*** All represented Prof Tech Positions from the Building $85
ICC Mechanical Plans Examiner*** Division,Code Enforcement,and Public Works $85
ICC Plumbing Plans Examiner*** Department,not specifically covered in MOU $85
Residential Fire Sprinkler Inspector/Plans $75
Examiner
Changes to Prof Tech Cert Pay Program,effective January 1,2016:
Certificate Eligible Job Class Payment Method
CalGreen Plans Examiner Plan Check Engineer Series(Assistant,Associate, $750 one time
Senior) payment on proof of
Building Inspector 1/11 and Senior attainment and upon
CalGreen Inspector Principal Building Inspector renewal
EMP Plans Examiner
Certified Public Infrastructure Inspector Public Works Inspector 1/11 $1,000 one time
Senior Public Works Inspector payment on proof of
attainment and upon
Public Works Inspection Supervisor renewal
** Per 2012-15 MOU,only those unit members receiving the certificate pay at time of MOU adoption are eligible for the
benefit. Certificates will"sunset"upon certificate lapse or employee separation.
***Additional certificates to sunset(as above)per the 2015-18 MOU
37 1/12/16
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-4 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 12"' day of January, 2016, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Dixon
NAYS: None
ABSENT: Mayor Pro Tem Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13'"day of January, 2016.
City Clerk
Newport Beach, California
(Seal) ��E�Po,4T
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