HomeMy WebLinkAboutS21 - Labor Agreement - NBFACITY OF
NEWPORT BEACH
C9C /Fp0.N`P COUNCIL STAFF REPORT Agenda Item No. S21
May 22, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
APPROVED: a- 9
TITLE: Labor Agreement: Newport Beach Firefighters Association
ABSTRACT:
The City's negotiators and the Newport Beach Firefighters Association have reached a
tentative agreement on a Memorandum of Understanding (MOU) for the term of
January 1, 2012 through June 30, 2014. The Council's ratification of the MOU would
complete the agreement.
RECOMMENDATION:
Authorize Mayor Gardner to execute a Memorandum of Understanding (MOU) with the
Newport Beach Firefighters Association (NBFA).
FUNDING REQUIREMENTS:
See financial information in the body of the discussion text.
DISCUSSION:
The 110- member Newport Beach Firefighters Association (NBFA) is the recognized
labor group for much of the staff of the Newport Beach Fire Department. Positions
included in the NBFA are Fire Captains, Fire Engineers, Firefighter Paramedics, and
Fire Fighters. The NBFA also includes 4 non -sworn positions in the Fire Prevention
Division. Four Fire positions are not included in any bargaining unit — Fire Chief,
Assistant Fire Chief (2), and Assistant Chief — Lifeguards (1).
The City and the Association follow California law relating to collective bargaining,
specifically the Meyers - Milias -Brown Act. The MMBA guides the negotiating process,
including "meet and confer" direction as well as impasse procedures. When
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Labor Agreement: Newport Beach Firefighters Association
May 22, 2012
Page 2
negotiations are complete, a memorandum of understanding (MOU) is the typical form
for the City's labor agreements.
The current MOU for the NBFA expired at the end of December 31, 2011. The City and
NBFA have been negotiating since October 2011, but a number of challenging issues
have taken time to address. As such, negotiations continued past the expiration date
but have now concluded, subject to the City Council's approval (the NBFA membership
have approved the proposed MOU).
The key terms in this proposed MOU are as follows:
1. Term — January 1, 2012 through June 30, 2014.
2. Pension Contributions - Employer -Paid Member Contribution (EPMC):
a. NBFA sworn members ( "Safety ") currently get 3.5% of base pay deducted
from their paychecks to assist the City in pension obligations. This payroll
deduction would roll into a permanent contribution of 3.5% of compensation
towards the "Employee Share" of the 3% at 50 Pension program for current
employees. Concurrently with the timing of this 3.5% switch, the amount paid
and reported as EPMC would decline from 9% to 5.5 %.
b. NBFA Safety members would, in the course of the MOU, pay an additional
5.5% of compensation towards the Employee Share, making the total paid by
employees nine percent (9 %) of compensation. Nine percent is the full
"Employee Share" for the PERS 3% at 50 Safety formula. Each time an
additional percentage is paid by the employee, EPMC would be reduced until
it reaches zero (and would be reported as zero).
c. NBFA non -sworn members ( "Miscellaneous ") receive a 2.5% at 55 Pension
benefit. NBFA non -sworn members currently pay 1% on the Employee Share
towards pensions and additionally pay 2.42% of the Employer' Share, for a
total of 3.42 %. This MOU would direct that NBFA non -sworn members pay
another 5.58% (all on the Employee Share side) towards pension costs,
bringing them to eight percent (8 %). At this time, 2.42% would remain
reported as EPMC, because this 8% still leaves 2.42% on the Employee's
Share being paid by the City. This MOU addresses that by agreeing that, if
the remainder of the City's Miscellaneous employees also pick up the
remaining 2.42% (leading to reporting 0% EPMC), the NBFA Miscellaneous
employees would as well (referred to as a "me too" provision).
3. 2nd Tier for New Hires. This MOU proposes that new employees to the NBFA
membership be brought in under the following "2 "d Tier" retirement formula:
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Labor Agreement: Newport Beach Firefighters Association
May 22, 2012
Page 3
a. For Safety personnel, a hybrid formula combining a "Defined Contribution"
and a "Defined Benefit" plan. The defined benefit side would be a 2% at 50
Formula, with the new employee paying the full 9% employee share, 0%
EPMC, and the employee's pensionable salary being based on the highest
three -year average compensation. The DC side would be a voluntary
contribution made by the employee of 1.5% of salary (or more, if the
employee seeks to do so). The City would match any contribution up to 1.5 %.
The employee's contribution would be portable from job to job, but the City's
contribution would only be accessible after regular or medical retirement from
the City.
b. For NBFA Miscellaneous employees, a 2% at 60 formula with the new
employee paying the full 7% employee share, 0% EPMC, and the employee's
pensionable salary being based on the highest three -year average
compensation.
4. Cost of Living Adjustment (COLA). This MOU proposes that the NBFA membership
receive two "collared" COLAs. Both would be based on the change in the Consumer
Price Index (CPI) from generally a year prior with a floor of 1 % and a cap of 2 %. As
a result, the minimum COLA in this MOU period would be 2% with the maximum at
4 %. The current cost of living has been increasing at slightly more than 3% per
year.
5. Medical Insurance Contribution. The City's "cafeteria" plan sets aside a sum of
money per month for each employee to purchase medical insurance from one of the
City's vendors, or to take cash if other insurance is available through a spouse or
partner. Currently, NBFA members receive $1,049 /month plus an additional amount
if they are in a PIERS medical program. This MOU proposes that the City's
contribution go to $1,274 /month in three steps over the course of the MOU.
6. Training Bank. The City's negotiators and the NBFA members have proposed a
new concept in this MOU, that being a "training bank" where NBFA members could
take paid time to enhance their skills outside of City - provided training. 48 hours a
year would be provided for this bank per employee, and employees would not be
able to accrue this time year -to -year. This is a pilot program that would expire
before the expiration of the MOU unless renegotiated in the next MOU.
7. Other. The negotiators have tentatively agreed to these additional changes (others
are fairly minor and not listed):
a. Severance would be capped at 10 weeks (otherwise one week for every year
worked in Newport Beach).
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Labor Agreement: Newport Beach Firefighters Association
May 22, 2012
Page 4
b. "Unit Pay." New hires would not be eligible for Scholastic Achievement Pay if
they received only educational units, not degrees.
c. If a person separates from employment, cash -out of certain leave time would
be at 100% of the amount, not 109% as was in the current MOU.
d. Leave time cannot be banked over 52 weeks (down from 78 weeks in the
current MOU). Once over 52 weeks, a member's leave "spills over" into pay
(as it does now for the 78 -week process). Members would be compensated
for the initial draw -down from 78 to 52 weeks. Lowering leave balances
assists the City in reducing our long -term compensated absence liabilities.
e. Persons who opt -out of the City's Medical Plans (and who have other
insurance) have a cap of $1,149 /month.
f. Special pay associated with two (2) specialty assignments was deleted from
the MOU.
g. Overtime. This MOU clarifies how the City defines a work period and
calculates overtime (at time and a half) required under the Fair Labor
Standards Act (FLSA).
Financially, our best estimate shows that this MOU reduces the City's cost by about
$325,000 across the entirety of the MOU for the NBFA unit. However, given the City's
fairly outdated financial management system, the complexity of parts of the MOU
suggest that some manual work must be done to incorporate some aspects of the MOU,
which is not as yet quantified. The cost estimate here includes the cost of the COLAs
and the increased cafeteria amounts as well as the savings associated with two critical
things:
1. Employees paying the Employee Share of the pension benefit — this reduces
the City's cost in two ways:
a. The employee is paying something the City once paid; and
b. The City's overall pension obligation is calculated on a lower base - not
109% of pensionable salary but 100% of pensionable salary.
2. 2nd Tier. Bringing in new employees at a different, less generous retirement tier
(2% at 50 with a DC component) has a long -term benefit that increases in value
each year, as 3% at 50 employees retire and are replaced by 2% at 50
employees.
There is a one -time cost of reducing leave balances, but the net effect of that cost is to
reduce a long -term liability by paying a portion of it off now.
Labor Agreement: Newport Beach Firefighters Association
May 22, 2012
Page 5
I will conclude this staff report noting my appreciation for the cooperative spirit with
which the NBFA approached these MOU discussions. MOU discussions are never
easy, and they were especially challenging this term, as the City sought additional
pension contributions and the 2nd Tier that would necessarily impact NBFA members'
compensation. NBFA members were consistently aware of and interested in the City's
long -term financial stability in our discussions. I greatly appreciate the NBFA's
approach, as well as the Council's approach in seeking respectful but meaningful
change.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
:h� a
Dave Kiff
City Manager
Attachments: A. Key Provision Summary Chart
B. Proposed MOU with the NBFA
5
Attachment A
The chart below summarizes some of the key provisions of the NBFA -City proposed MOU:
NBFA
Date Applicable
Safety Members
(crty 110)
Retroa cti ve to
Jan 1, 2012
1st Pay Period after
MOU Adoption
•
•
01-Jan-14
Bye
3.5 %payroll dedux
Pay 3.5% more on EE
Pay2 %moreon
Members pay 9% resulting in
Pension Pickup
moves to EE Share
Side
EESide
0 EPMC
COLA
1 -2%
1 -2%
Min 2 %, max 4%
Medical
+$100 /Month
+$25 /Month
+$100 /Month
Members a re a t$ 1,274/mo
Training Bank
48 hours
48 hours
Provision expires
Non-Safety
Retroactiveto
1st Pay Period after
•
e •
. • •
Members (qtV 4)
Jan 1, •
•
Members pay at least 5.58%
Pension Pickup
Pay 3.08% more
Pay 1.5% more
Subject to "me too"
on EE side and 2.42% on ER
on EE Side
on EE Side
side (8 %)
COLA
1 -2%
1 -2%
Min 2 %, max 4%
Medical
+$100 /Month
+$25 /Month
+$100 /Month
Members are at$1,274 /mo
0
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIRE ASSOCIATION
Term: January 1, 2012 through June 30, 2014
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is
entered into with reference to the following:
1. The Newport Beach Firefighters Association, International Association of
Firefighters, Local 3734 ( "NBFA "), 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. NBFA 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.
3. The City acknowledges and appreciates the cooperation of NBFA during the
meet and confer process leading to the adoption of the 2012 -2014 MOU.
4. This MOU, upon approval by NBFA 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 NBFA 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 NBFA.
586580.1 NE020- 0261
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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 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 parties agree that, if NBFA submits preliminary requests for
changes in wages, fringe benefits and other terms and conditions of
employment earlier than 90 days prior to expiration of the MOU, the
parties will begin negotiations promptly, with the objective of
reaching an agreement by June 30, 2014.
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. Release Time
NBFA members shall be allowed to participate in the following
activities and receive full pay ('Release Time "):
a. Attendance at meetings, conferences, seminars or
workshops related to matters within the scope of
representation;
b. To prepare for, travel to, and attend scheduled meetings
between the City and NBFA during the meet and confer
process.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a). Unused
hours from any calendar year may be carried over to the next year
not to exceed a total City provided release time accrual of three
hundred (300) hours.
586580.1 NE020- 0262
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3. City grants NBFA members the right to engage in the activities
described in subsection 1(b) at any time without reduction to the
Release Time granted in subsection 2.
4. NBFA shall designate certain members as those members entitled
to release time. In no event shall any one designate be entitled to
use more than 100 hours (150 hours for the Association President
only) of Release Time (exclusive of actual time spent meeting with
City representatives on matters relating to the scope of
representation), within any calendar year. Designates must give
reasonable advance notice to, and obtain permission from, their
supervisor prior to use of Release Time. Requests for Release
Time shall be granted by the supervisor unless there are specific
circumstances that require the designate to remain on duty.
Designates shall, to the maximum extent feasible, receive shift
assignments compatible with participation in the meet and confer
process.
5. In addition to City — provided Release Time and Release Time
provided pursuant to subparagraph (3), NBFA members may
contribute earned paid time off to an NBFA Release Time Bank.
Members may contribute earned time only during the period from
July 1 through August 15th during any calendar year. However,
members shall not have the right to contribute time to the NBFA
Release Time bank if NBFA has accumulated more than 600 hours
of total Release Time. Any NBFA member who contributes time to
the Release Time Bank gives up any right to usage of, or payment
for, the contributed time. Contributions may be made only in six -
minute increments. Contributions shall be on forms prepared by
the City which shall then be submitted to the appropriate
department employee. City shall advise NBFA as to the balance of
hours in the Release Time Bank upon request. For purposes of
this subparagraph only, the term "time off' includes accrued flex
leave, accrued vacation leave, and accrued holiday time.
D. 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.
586580.1 NE020- 0263
0
When the Department proposes to change any SOP departmental
rule or regulation, it will provide a copy of such change to the
Association 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.
E. 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 NBFA business, meetings, or events. All
materials posted on bulletin 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 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.
F. Dues Check -off
NBFA members shall have the right to authorize the City to deduct regular
monthly NBFA dues from their bi— weekly paycheck. The City shall deduct
payment of NBFA dues when the employee has authorized such
deduction and City shall remit all payments to NBFA in accordance with
the terms of each member's authorization.
Any employee in this Unit who has authorized association deductions on
the effective date of this Agreement, or at any time subsequent to the
effective date of this Agreement, shall continue to have such dues
586580.1 NE020- 0264
10
deductions made by the City during the term of this Agreement, provided
that any employee in the Unit may terminate such Association dues by
submitting a signed request to cancel payroll deduction to the Human
Resources Director. This signed request shall be followed up with a
second request at a time between 30 and 45 days of the original letter.
The Association shall indemnify the City and hold it harmless against any
and all suits, claims, demands and liabilities that may arise out of or by
reason of the application or implementation of the provisions of this
section.
H. 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 arties.
J. 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 NBFA 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.
K. 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.
586580.1 NE020- 0265
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L. Definitions
For the purposes of this MOU these terms shall have the following
meanings:
1. The term "member' or "NBFA member" shall mean all persons
within classifications represented by NBFA.
2. The term "staff employee" shall mean any NBFA member who is
assigned to work an average 40 -hour workweek.
3. The term "line employee" shall mean any NBFA 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 Adjustments — this MOU Period
1. 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 2.0 %. 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 %.
2. 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 2.0 %. 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 %.
586580.1 NE020- 0266
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3. The adjustments to salary and total compensation described in this
Section shall maintain the salary differentials between the position
of Firefighter (benchmark position) and the other positions
represented by NBFA, as set forth below, so there is an appropriate
internal relationship among the primary classifications represented
by NBFA. Subject to the foregoing, the salaries specified below or
total compensation, as appropriate, shall be subject to the following
guaranteed adjustments:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter
N/A
Engineer
112.50%
Paramedic
122.25%
Line Captain
132.00%
Percent of
Fire Inspector, Non - safety
Fire Prevention Series
Top Step
Fire Inspector, Non - safety
N/A
Fire Engineer /PSI
115%
Fire Prevention Specialist, Non - safety*
116.5%
Fire Engineer /PCI
125%
Fire Prevention Specialist Plan Check,
Non - safety" 126.5%
*Special Provision
Staff Captains shall receive an additional 7.5% of base pay over
Line Captains.
Special Step Increase
Firefighters who successfully complete the Department Engineer
Certification program within twelve (12) months of passing
probation will be granted a salary step increase. Firefighters
attending Paramedic School before two years of employment will
upon returning from school have 12 months to complete the
Engineer Certification program. Once engineer certification
program is successfully completed, the member will be entitled to a
salary step increase.
586580.1 NE020- 0267
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B. Overtime — Hours Worked
1. FLSA Overtime shall consist of authorized work hours worked in
excess of the maximum number of hours permitted by the United
States Department of Labor regulations pursuant to the FLSA 7(k)
exemption for a work period to be determined by the City. Use of Flex
Leave, Vacation Leave, Holiday Leave, and Sick Leave shall not be
considered as hours worked for the purposes of determining eligibility
for FLSA Overtime.
Contract Overtime shall consist of authorized work in excess of a unit
member's normal number of work hours in any scheduled work shift,
and shall be paid at time and a half. Use of Flex Leave, Vacation
Leave, Holiday Leave, and Sick Leave shall be considered as hours
worked for the purposes of determining eligibility for Contract Overtime
pay-
As an example of Contract Overtime versus FLSA Overtime, if a unit
member works over 91 hours in a designated 12 -day work period and
earns Contract Overtime in any scheduled work shift, the City's
obligation under FLSA shall be deemed met, provided that the
Contract Overtime hours exceed five (5) hours.
2. Temporary vacancies in line positions shall be selected in accordance
with Department S.O.P.
3. Qualified employees wishing to work voluntary overtime in a class
lower than their current class (downgrade) may volunteer to do so and
shall be compensated at one and one -half times the highest hourly rate
for the position as published in the City's compensation plan. Said
employees shall be selected according to the provisions set forth in the
Department's Standard Operating Procedures related to staffing and
overtime. This provision applies only to persons wishing to downgrade
to the position of Firefighter, Fire Engineer or Paramedic.
4. Personnel assigned to staff assignments may request compensatory
time off in lieu of paid overtime with the approval of the Department.
Compensatory time may be granted, subject to maximum accrual of
eighty (80) hours, and subject to Department consideration of the
impact of said CTO use on overtime liability and other efficiency
requirements of the Department.
C. Required Uniform
City shall pay the entire cost of providing NBFA member with each
component of the required NBFD uniform. The required NBFD uniform
includes safety shoes, badges and insignias, uniform pants, uniform shirts,
586580.1 NE020- 0268
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uniform jackets and liner, belts, work out shirts, work out trunks,
sweatshirt, base camp hat, and baseball cap. City shall not be
responsible for providing employee with socks, underwear, or workout
shoes, or other clothing.
The City shall report the value of the required uniform at $1719 to PERS.
The City will provide each fire suppression member with a set of front -line
turnout gear and an adequate number of reserve turnouts at each station
to allow for proper turnout cleaning /decontamination. Reserve turnouts
may be personally issued to each member at the Fire Chief's discretion.
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
NBFA members are entitled to additional compensation contingent upon
scholastic achievement ( "Scholastic /Certificate Achievement Pay "). NBFA
members may apply for increases pursuant to this Section when eligible
and scholastic and /or 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 NBFA member to apply for
Scholastic and /or 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 and /or certificate
achievement pay prior to the date the application is approved even though
the member may have been eligible prior to approval.
As to unit members whose starting date was prior to the City Council
adoption of this 2012 -2014 MOU, scholastic and /or 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. NBFA members shall receive scholastic and /or
certificate achievement pay in accordance with the following:
Scholastic Pay
Years of
College
% of Actual Step in
Service:
Semester /Unit:
Job Class Range:
2 or more
30
1.5% /month
3 or more
60
2.5% /month
3
90
3.5% /month
4 or more
90
3.5% /month
4
120
4.5% /month
586580.1 NE020- 0269
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2 or more A.A. /A.S.* 3.5% /month
4 B.A. /B.S. 5.5% /month
* Effective concurrent with Council adoption of the 2012 -2014
MOU.
The unit members hired on and after City Council adoption of this 2012-
2014 MOU shall be ineligible for any scholastic pay based upon having
obtained units only.
A "degree" shall be awarded by an institution accredited by the State of
California, the United States Department of Education, the Council for
Higher Education, or the Distance Education Training Council.
5. Certificate Pay
Successful completion of coursework for Fire Officer I or Fire Prevention
Officer 11 shall entitle the member to 3% /month in Certificate Pay.
E. Special Assignment Pay
The following additional payments shall be made to certain NBFA
members based on assignment:
1. Individuals properly trained and assigned by the Department to
perform special assignments shall be compensated as follows:
Maximum Compensation
Assignment Number* (% of base pay)
Shift Fire Investigator 6 5%
Radio /MDC 1 5%
SCBA 3 2%
Map /Preplan 1 2%
Special assignment compensation shall cease when individuals are
no longer performing the assignment.
*Subject to modification by the department.
2. Should the City establish a Tactical Paramedic Assignment and /or
an Urban Search and Rescue Team, it will give notice to and, upon
request, meet and confer with the Association on those aspects of
the program which fall within the scope of representation.
586580.1 NE020- 02610
16
F
3. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of the special
assignment. The types and duration of these temporary
assignments will remain a management prerogative.
Committee participation such as Safety Committee, and work on
various projects such as Public Safety Day and the CERT Program
are excluded from consideration under this Agreement.
Temporary Upgrading of Employees
1
586580.1 NE020- 02611
Move up Assignment
A move up assignment shall be defined as the temporary
assignment of an employee to work in a job classification which is
higher than his or her current classification. A move up employee
need not meet the minimum requirements for the position to which
they are moved up to. Employees who do meet the minimum
requirements for the Position shall be deemed "Acting
Appointments" after their 6t consecutive shift.
If the employee is moved -up for five (5) hours or more, the move -up
compensation shall be computed as follows:
Firefighter to Engineer
Firefighter to Paramedic
Firefighter to Captain
Engineer to Paramedic
Engineer to Captain
Paramedic to Captain
Captain to Battalion Chief
Regular rate +5%
Regular rate +22.4095% (Step C min.)
Regular rate +5%
Regular rate +8.935% (Step C min.)
Regular rate +5%
Regular rate +5%
Regular rate +9.5%
All holiday, vacation, sick leave and paid leave shall be paid at the
employee's regular rate of pay. Time accumulated working in a
move up position shall -not be applied towards the probationary
period or count as "time in rank" for the purpose of seniority.
A move up employee who completes the minimum requirements for
the position while working in the move -up classification shall be
deemed an "Acting Appointment" effective the date the minimum
qualification is met.
The following positions shall be considered for move -up
assignments:
Fire Battalion Chief
Fire Captain
17
Fire Paramedic
Fire Engineer
Assignment to the move up position shall be made at the sole
discretion of the Fire Chief and are limited to a maximum time
period of 360 days.
2. Acting Appointments
The formal and expressed assignment of an employee to perform
the significant duties and responsibilities of a higher classification
for more than six (6) consecutive shifts shall be deemed an acting
appointment. All acting appointees must satisfy the minimum
requirements for the position to which they are appointed.
Acting employees, except acting paramedics, shall be
compensated in the salary range of his /her acting classification at a
rate that is at least five (5 %) percent higher than their current rate.
Acting paramedics shall be compensated at a rate no lower than
paramedic salary classification Step 3. All holiday, vacation, sick
leave and paid leave shall be paid at the employee's new rate of
pay.
In the event the acting employee is subsequently appointed to the
higher classification, the time accumulated while acting in the
higher classification shall be applied towards the probationary
period and count as "time in rank" for the purpose of seniority.
If an acting employee is returned to his /her former classification for
more than six (6) months, he /she will not be credited with the time
accumulated in the acting position for the purposes of probation or
as "time in rank" for the purpose of seniority.
Acting appointments shall be made at the sole discretion of the Fire
Chief and are limited to a maximum time period of 180 days.
3. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five (5 %)
pay differential over their regular rate of pay for all time worked in
this job classification if they are assigned to work in this job
classification for a period of four (4) working hours or longer.
586580.1 NE020- 02612
In
G. Paramedic Compensation
Employees sent to Paramedic School or working as a paramedic will be
compensated at a rate no lower than Step 3 in the paramedic salary job
class range.
In the event the employee fails, drops out of Paramedic School, is not
assigned or demotes for any reason, they will return to the salary of their
previous classification with their original time in rank plus time spent as a
paramedic. Assignment to Paramedic School shall not be construed as
assignment to position for the purposes of probation.
H. Y- Rating
Employees who are reclassified to a position with a lower maximum salary
shall be Y- rated. Y- rating shall refer to a pay rate outside of the assigned
salary range of the employee.
If the salary of the employee is greater than the maximum of the new
range, the salary of the employee shall be designated as a Y -rate and
shall not change during continuous regular service until the maximum of
the new range exceeds the salary of the employee.
If the salary of the employee is the same or less than the maximum of the
new class, the salary and merit increase eligibility date of the employee
shall not change.
Shift Holdover
NBFA 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).
J. Emergency Recall
If an employee who is not on stand -by or shift hold -over and is required to
return to work during his /her off -duty hours for actual firefighting, or similar
emergency designated by the Department Director, the employee shall
receive a minimum of four (4) hours compensation for the first hour
worked and compensation for time worked thereafter.
586580.1 NE020- 02613
19
K. 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.
L. Court Standby Pay
NBFA 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 (4)
hours of pay for each eight hours of court standby time. NBFA 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
586580.1 NE020- 02614
14�, Y
Effective December 22, 2007, NBFA 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.
Leave Accrual Longevity Pay
Years of Cont. Svc Hours /Pay Period Increase
Line Employees
1 but less than 5
9.77
0.00%
5 but less than 9
10.69
0.00%
9 but less than 12
11.62
0.00%
12 but less than 16
12.54
0.00%
16 but less than 20
12.54
1.5%
20 but less than 25
12.54
2.5%
25 and over
12.54
3.5%
20
2.
586.580.1 N8020- 02615
Leave Accrual Longevity Pay
Years of Cont. Svc Hours /Pay Period Increase
Staff and Non - Safety
Employees
1 but less than 5
6.97
0.00%
5 but less than 9
7.63
0.00%
9 but less than 12
8.33
0.00%
12 but less than 16
8.95
0.00%
16 but less than 20
8.95
1.5%
20 but less than 25
8.95
2.5%
25 and over
8.95
3.5%
Longevity increases specified above shall be reported to PERS as
special compensation and shall be regarded as compensation
earnable as defined in Government Code §20636(c)(1) for
purposes of computing retirement benefits and contributions.
The Flex leave program shall be administered as follows:
a. NBFA 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. NBFA members who are staff or non - safety 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
21
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 Section 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. Members shall be entitled to 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 is currently paid bi- weekly at the member's hourly
rate of pay. Effective July 1, 2012, earned leave in excess of
the maximum permitted shall be deposited in the members
"spillover bank ". NBFA members may, at any time, elect to
receive pay (at the member's normal hourly rate) for all
accrued flex leave in excess of fifty -two (52) hours for a line
employees and 40 hours for staff employees. However,
NBFA members may not elect to buy down accrued Flex
Leave below the current threshold for payment (fifty -two (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. For the purposes of this section, Flex Leave shall
include any earned paid leave such as vacation leave,
compensatory time off, or holiday time.
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. Flex Leave may be taken in four (4) hour increments.
g. Members shall be paid for all accrued flex leave at their then
current hourly rate of pay (hourly rate before incentives,
other pays, etc.) upon termination of the employment
relationship except as provided by Section 3(J).
h. Spillover Bank/Spillover Hours.
Effective July 1, 2012, all hours currently accrued above the
new accrual cap (52x the bi- weekly accrual rate) shall be
deposited in a newly- created Spillover Bank and shall
586580.1 NE020- 02616
22
become Spillover Hours. Flex leave hours used by the
employee between July 1, 2012 and December 31, 2012
shall be drawn from the Spillover Bank, to the extent the unit
member has adequate Spillover Hours.
Effective January 1, 2013, all remaining Spillover Hours and
all hours turned in for cash conversion shall be deposited
into the member's MERP account. From January 2, 2013
forward, hours held in the Spillover Bank are not subject to
use by the employee and shall be converted, at the
member's regular hourly rate, and deposited into the
member's MERP account on an annual basis.
B. Telestaff 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 /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 NBFA 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." Notwithstanding, any other provision of this
MOU, the Fire Chief shall have the sole discretion to take whatever action
may be necessary to reduce overtime payments, including the temporary
reduction of staffing levels or personnel, in the event payments for
overtime out of the LEAVE COVERAGE FUND exceed 25% of the fund
during the first three months of the fiscal year, 50% of the fund during the
first six months of the fiscal year, or 75% of the fund during the first nine
months of the fiscal year.
C. Vacation /Sick Leave
1. 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 Policy Manual of the City of Newport
Beach. Line employees shall accrue sick leave at the rate of twelve
(12) hours per month and staff employees shall accrue sick leave at
the rate of eight (8) hours per month. Vacation Leave may be taken
in six (6) hour increments.
586580.1 NE020- 02617
23
2.
586580.1 NE020- 02618
NBFA members on the vacation /sick leave system shall accrue as
follows:
Years of Leave Accrual
Cont. Service Hours /Pav Period
Line Employees
Less than 5
5.54
5 but less than 9
6.47
9 but less than 13
7.39
13 but less than 17
8.31
17 but less than 21
9.23
21 but less than 25
10.16
25 and over
11.08
Years of Leave Accrual
Cont. Service ours /Pav Per
Less than 5 v_ ,70
5 but less than 9 X4.31
9 but less than 12 4.93
12 but less than 16 5.54
16 but less than 20 6.16
20 but less than 25 6.77
25 and over 7.39
Maximum vacation accrual shall be fifty -two (52) times the
member's bi- weekly accrual rate.
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 cover 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.
24
E. Holiday Time
Line Employees
The provisions of this subsection shall apply only to NBFA
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. NBFA members who are line
employees shall accrue holiday time at the rate of 5.54 hours per
pay period. Holiday time shall be added to the member's Flex
Leave or Vacation Leave Account on a bi— weekly basis.
Effective October 1, 1996, all Line employees were provided a one-
time opportunity to elect to convert all or any portion of their annual
holiday benefits to cash on an annual basis. This election shall be
uniform from year to year. For example, an employee electing to
convert 108 of the 144 annual benefits to cash must so convert 108
hours of earned holiday benefits each year thereafter. The election
to change holiday time to pay shall be in twelve (12) hour
increments. Holiday pay will be paid bi- weekly with the regular
check. Holiday leave conversion pay will not count in the total
compensation formula used to adjust salaries and benefits.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of
computing retirement benefits and contributions.
Note: Newly hired employees shall be given a one -time option,
within 60 days of employment, to elect to receive up to one -half of
accrued holiday time as time off.
2. Staff Employees
Staff employees shall receive the following fully paid holidays:
New Years Day, Martin Luther King Birthday, 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 one floating holiday
at the member's election.
Staff employees shall have the one -time option of accruing holiday
time as pay. Staff employees may be required to take specified
586580.1 NE020- 02619
25
City holidays off at the sole discretion of the Fire Chief. Time will
be charged against the employee's flex (or vacation) leave bank.
F. 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 and Non -
Safety employees shall be entitled to forty (40) hours of Bereavement
Leave per calendar year per event while Line Employees shall be entitled
to ninety (90) hours of Bereavement Leave. 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, grandparents, and spouse's 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.
G. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program.
H. Jury Duty
NBFA members who are assigned to line positions and are called to jury
duty shall be excused for each twenty -four (24) hour shift during which the
member is required to attend court and sit on a jury or await assignment.
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 then current base
hourly rate of pay (hourly rate before incentives, other pays, etc.) for a
percentage of the employees accrued but unused Sick Leave computed
as follows:
Years of Service: Percent of Unused Sick
Leave Paid For:
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
586580.1 NE020- 02620
26
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).
J. Flex Leave Premium Pay Account
NBFA members shall have the right to receive pay, at the rate of 100% of
their then current base salary, for any Flex Leave banked, up to a
maximum of fifty -two (52) 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 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.
K. 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 fifty -two (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.
L. Worker's Compensation Leave
Any Safety NBFA 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
586580.1 NE020- 02621
27
M.
N
accordance with the provisions of Section 4850 et. seq. of the Labor Code
of the State of California.
Scheduling of Medical Treatment for Industrial Injuries
Time spent by an employee receiving medical attention during the
employee's normal working hours is considered hours worked and
compensable, when the City or its representative schedules the
appointment.
When an employee is temporarily disabled due to an industrial injury, and
is unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
occurring during normal working hours. The employee shall not be
entitled to any additional compensation, regardless of the employee's
regular work schedule or the type of compensation currently received,
except as otherwise required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical
treatment, such as physical therapy or follow -up visits that are not
scheduled by the City, is not considered hours worked and therefore, is
not compensable. To avoid disruption in the workplace, an employee
shall schedule such appointments to occur during off duty hours whenever
possible. In the event such scheduling is not available, employee may be
allowed to attend an appointment during their regularly scheduled duty
shift with prior supervisory approval. Regular recurring appointments
(i.e., weekly physical therapy) must be scheduled off duty.
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, however, upon reassignment a line employee shall be
entitled to either receive pay for accrued holiday time or add accrued
holiday time to the member's Flex Leave or Vacation Leave account. 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.
586.580.1 NE020- 02622
M
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 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 the Newport
Firefighter 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 the pay period beginning on or immediately or after:
January 1, 2012, the City's contribution towards the Cafeteria
Plan will increase to $1,149.00 (plus the minimum CalPERS
participating employer's contribution).
January 1, 2013, the City's contribution towards the Cafeteria
Plan will increase to $1,174.00 (plus the minimum CalPERS
participating employee's contribution).
January 1, 2014, the City's contribution towards the Cafeteria
Plan will increase to $1,274.00 (plus the minimum CalPERS
participating employee's contribution).
586580.1 NE020- 02623
29
3
El
61
NBFA members who do not want to 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.
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.
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.
Changes in Insurance Carriers and Coverages
There shall be no change in Insurance carriers or coverages during
the term of this agreement unless the City has given prior notice to
the Association and, upon request, met and conferred.
B. Additional Health Insurance /Programs
1
Q
586580.1 NE020- 02624
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.
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:
30
C.
lea
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000 /month
$50.00
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.
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.
The Retirement Benefit (Superseding inconsistent April 13, 2010
SUPPLEMENTAL MOU and inconsistent 2008 -2010 MOU provisions)
Current Non -Sworn Members (Miscellaneous)
a. Pursuant to a separate agreement, miscellaneous (non -
safety) unit members have agreed to have 2.42% of the
employer retirement cost added to the employee's rate
pursuant to California Government Code Section 20516.
Non - safety employees now pay 3.42% of retirement costs
(2.42% employer cost sharing [ER side] and 1% employee
586580.1 NE020- 02625
31
normal member contribution [ "EE side "]) on a pre -tax basis
pursuant to IRS Code Section 414(h)(2).
Effective the first payroll period commencing on and after
City Council adoption of this 2012 -2014 MOU, non - safety
member employees shall in addition to the cost sharing
provision described above, pay an additional 3.08% of
compensation as and for the individual members normal
employee PERS contributions required to be paid by PERS.
Said payment shall be made on a pre -tax basis pursuant to
IRS Code Section 414(h)(2) and pursuant to Government
Code §20516 and §20691.
At this point, non - safety members will be contributing 4.08%
(EE) and 2.42% (ER) for a total of 6.5 %.
Effective the first payroll period on or after January 1, 2013,
non - safety member employees shall in addition to the cost
sharing provision described above, pay an additional 1.5% of
compensation as and for the individual member's normal
employee PERS contributions required to be paid by PERS.
Said payment shall be made on a pre -tax basis pursuant to
IRS Code Section 414(h)(2) and pursuant to Government
Code §20516 and §20691.
At this point, non - safety member will be contributing 5.58%
(EE) and 2.42% (ER) for a total of 8 %.
Effective at such time as one or more of the City's other
Miscellaneous units agrees to an additional employee
contribution within this MOU term, NBFA Miscellaneous unit
members' contributions shall match that contribution and
shall receive any corresponding salary or benefit adjustment,
which is specifically designated by the City and the other
miscellaneous employee(s) unit(s) as an offset to such
additional member contributions.
2. Current Sworn Members
a. The City provides the Public Employees' Retirement System
retirement formula of 3% at 50.
b. Effective the first payroll period commencing on and after the
adoption of this MOU and in accordance with PERS
Regulations, sworn unit members have agreed to a total
PERS employee contribution of 3.5% pursuant to California
Government Code §20516 and §20691 on a pre -tax basis
586.580.1 NE020- 02626
32
pursuant to IRS Code §414(h)(2). City shall contribute 5.5%
of the employee contribution pursuant to Government Code
§20691 and shall report the value of the 5.5% as EPMC
under Government Code §20636(c)(4).
C. Effective the first payroll period commencing on and after
January 1, 2013, sworn unit members agreed to a total
PERS employee contribution of 7.0% pursuant to California
Retirement Code §20516 and §20691 on a pre -tax basis
pursuant to IRS Code §414(h)(2).
d. Effective the first payroll period commencing on and after
January 1, 2014, sworn unit members agreed to a total
PERS employee contribution of 9% pursuant to California
Government Code §20516 and §20691 on a pre -tax basis
pursuant to IRS Code §414(h)(2).
3. The City's contract with PERS for current hires shall also provide
for:
a. A 3 %@ 50 retirement formula and the highest year benefit
pursuant to the provisions of §21252.01 and §20042 of the
California Government Code for safety employees hired
before the first payroll period commencing on or after the
adoption of this MOU.
b. The military buy -back provisions pursuant to §20996 of the
California Government Code.
C. The Level 4 1959 Survivors Benefits pursuant to §21574 of
the California Government Code.
4. To the extent during the term of this Memorandum of
Understanding, that the City pays a portion of the normal PERS
contributions of members (sworn and non - sworn), said payments
shall be reported to PERS as special compensation as is
authorized by Government Code §20636(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.
1. New Hires — 2nd Tier. All employees hired following City Council
adoption of this 2012 -2014 Memorandum of Understanding and
586580.1 NE020- 02627
33
implementation of the necessary PIERS contract amendments shall be
subject to the following retirement benefits.
a. Safety personnel — the 2% at 50 retirement formula with the
retiree's annuity being calculated based upon the
employee's highest average annual compensation earnable
during any period of three consecutive years of employment
during membership in CalPERS.
b. Miscellaneous personnel — the 2% at 60 retirement formula
with the retiree's annuity being calculated based upon the
employee's highest average annual compensation earnable
during any period of three consecutive years of employment
during membership in CalPERS.
C. All such hires shall pay 100% of the statutorily mandated
employee PERS contribution.
d. Unless specifically modified herein, said newly hired
employees shall be subject to other then - existing City -PERS
contract provisions.
e. To the extent allowed by PIERS, the IRS and other
applicable regulatory agencies and laws, unit members who
shall be enrolled in the 2% at 50 retirement formula, shall be
eligible to participate in a Defined Contribution plan (Plan) to
be administered by the City or its designee in accordance
with said regulatory agency regulations and laws. The Plan
shall be funded by allowing each affected employee to
contribute any amount (unless statutorily capped or capped
by the Plan) of base salary each payroll period. The City
shall match any such employee contribution up to 1.5% of
base salary per year. The employee -only contributions shall
be deemed fully vested at the time of its deposit. The
employer -only matching contribution shall vest upon a PIERS
retirement being implemented as follows: 100% - age 55 +;
80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51.
( "Age" at time of retirement being effective.) In the event
that a participant in the Plan has a medical retirement earlier
than the vesting above, he or she shall be deemed 100%
vested upon the date of the medical retirement.
586580.1 NE020- 02628
34
E. 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.
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.
586.580.1 NE020- 02629
35
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 fifty percent (50 %) flex and sick. 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.
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
586580.1 NE020- 02630
36
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.
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
586580.1 NE020- 02631
37
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 CalPERS 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:
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.
586580.1 NE020- 02632
RM
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).
F. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non - college
authorized courses) for NBFA members shall be $1,500 per fiscal year.
1. College Courses
NBFA 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
586580.1 NE020- 02633
39
other student expenses for approved job — related courses.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade "C or better for
undergraduate courses and a grade "B" or better for graduate
courses. All claims for tuition reimbursement require the approval
of the Human Resources Director.
College courses taken in pursuit of a degree that would render the
employee eligible to receive scholastic pay compensation shall not
be eligible for tuition reimbursement.
Career development courses and vocational courses offered
through a college shall be eligible for tuition reimbursement
provided they meet the definition of pre- authorized or prior approval
is received from the Department Training Chief. Examples include,
but are not limited to: California State Fire Marshal Courses and
CICCS Courses.
2. Non - College Courses
NBFA 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, training and seminars will be considered pre -
authorized in the following areas: Management and supervision,
oral and written communications, conflict resolution, legal issues,
and media relations, risk management, fire ground operations,
rescue systems, 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
Battalion Chief before submittal to Human Resources.
3. Training — Training Bank
Each member shall have forty -eight (48) hours placed in an annual
"Training Flex Bank" on July 1, 2012 and on July 1, 2013. The 48
hours may be used, at the discretion of the member, in one fiscal
year for courses or seminars in the following areas:
586580.1 NE020- 02634
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Fire ground operations, rescue systems, EMS, health and safety,
apparatus operator, auto extrication, fire prevention, arson
investigation, technical rescue (including confined space and trench
rescue), CICCS courses (wildland /urban interface training courses),
State Fire Marshal courses, and critical incident stress
management.
Hours may be used for travel time to leave from and /or return to the
employee's assigned work location in addition to the hours spent
during training. A maximum of 12 hours for 56 hour per week
employees and 8 hours for 40 hour per week employees may be
used during any one regularly - scheduled shift. Additional time
required shall be deducted from the member's personal Flex leave
bank. Hours in the bank are "use or lose" per employee per Fiscal
Year and may not be carried over to a subsequent Fiscal Year.
A member's proposed use of this Training Bank time may be
denied if it requires the Department to mandatory backfill, to force
hire, or in the event that the jurisdictional Assistant Fire Chief finds
that operational needs reasonably preclude a represented
employee's release for training.
This Training Bank shall begin July 1, 2012 and shall expire June
29, 2014 and shall not continue into the next MOU period unless
otherwise renegotiated.
4. Training — Worker's Comp.
Employees of the Newport Beach Fire Department will be
considered within the definition of course of employment and
arising out of employment for purposes of workers compensation
coverage when they have been authorized by the Fire Chief to
attend pre- approved training that furthers the department's mission
in providing fire and medical public safety services to the
community.
G. Fitness Program
All NBFA members shall participate in the Department Fitness Program as
outlined in Department SOP.
H. Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in
maintaining physical fitness. City shall budget $12,000 per year for
the acquisition, maintenance, repair, improvement, or replacement
of fitness equipment. Up to $10,000 may be carried over to a
586580.1 NE020- 02635
41
subsequent fiscal year(s). An additional $10,000 shall be budgeted
to equip any new stations built during the term of this agreement.
2. City shall provide workout apparel for each NBFA member
assigned to fire suppression. Workout apparel shall consist of
three workout shirts and two trunks. All NBFA members on duty
between the hours of 4:00 p.m. one day and 7:30 a.m. the next,
shall wear either the approved workout apparel, or the approved
NBFD uniform.
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 1
A. Layoff or Layoffs 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 the
Classification of Firefighter, seniority shall mean the time
an employee has worked within the Series from Firefighter
to Captain.
586580.1 NE020- 02636
42
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 recertified as 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.
586580.1 NE020- 02637
43
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 layoff 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.
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 laid off former employee shall remain on the
reemployment list for not to exceed two (2) years from the date of
layoff. 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 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.
5. 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.
536.580.1 NE020- 02638
..
B. Discipline Plan
Any discipline shall be in accordance with Department SOP and the
Employee Policy Manual.
C. Fire Suppression Equipment Staffing Levels
The City shall not reduce current staffing levels for fire suppression
equipment during the term of this MOU. The City believes that
appropriate staffing levels call for three (3) fire suppression personnel for
each engine company and four (4) fire suppression personnel for each
truck company. Nothing in this Section shall preclude the Fire Chief or his
designee from varying from this "per equipment" staffing level for a brief
period in the event that maintaining the prescribed staffing level per piece
of equipment is not feasible or appropriate because of a temporary
operational need.
D. EMT Certification
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic
certified, who misses, or anticipates missing, a regularly scheduled EMT
certification class shall contact the Fire Chief or his /her designee in an
attempt to schedule a makeup session, provided, however, members may
view videotaped classes to make up for absences from a regularly
scheduled class in accordance with County and State requirements. If a
makeup session is not available within the program schedule established
by the Department, the member shall, prior to loss of certification, attend a
Departmental session or class offered by a public or private institution on
the member's own time and without compensation by the City.
E. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any
tobacco products at any time while on, or off, duty. Employees shall be
required to sign an agreement consistent with this section. Violation of the
agreement may subject the employee to disciplinary action. Employees
shall have input into the agreement to be developed.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off -
duty shall not be considered a violation of this section.
F. Fire Inspection Classifications
Existing flexible staffing provisions in Fire Prevention Classifications shall
remain in effect for the term of this agreement.
586.580.1 NE020- 02639
45
G. Exposure Loo
The City maintains an exposure log system.
H. Grievance Procedure
Except as described herein, unit employees are covered by the grievance
procedure contained in the Employee Policy Manual. However, the
parties agree that Step 1 of the manual shall be deemed to define either a
Captain or Battalion Chief as the "immediate supervisor," Step 2 of the
grievance procedure shall be presided over the Fire Chief, and Step 3 of
the grievance procedure shall be the City Manager. The City Manager
shall render the final and binding grievance determination.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule. A City
proposal to modify this schedule shall be subject to meet and confer.
in
M
in
0
M
586580.1 NE020- 02640
Executed this day of May, 2012:
Brian McDonough, NBFA President
Allan Baker, NBFA Vice - President
Charlie Dall. NBFA Director
Pete Garcia, NBFA Director
Chad Pongalek, NBFA Director at Large
M
ATTEST:
m
CITY OF NEWPORT BEACH
m
Nancy Gardner, Mayor
Leilani Brown, City Clerk
APPROVED AS TO FORM:
Aaron Harp, City Attorney
0
586580.1 NE020- 02641
47
Newport Beach Fire Association Represented Classifications
101117[iG1
Firefighter Series
Fire Fighter
Engineer
Paramedic
Captain
Fire Prevention
Fire Inspector, Non - Safety
Fire Prevention Specialist, Non- Safety
Fire Prevention Plans Examiner, Non - Safety
586580.1 NE020- 02642
M