HomeMy WebLinkAboutC-2060 - MOU's - Newport Beach Firefighters Association (NBFA)SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into by and between the City of
Newport Beach ("City") and the Newport Beach Firefighters Association ("Association")
(collectively "Parties") with respect to the following:
WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-130
approving a Memorandum of Understanding ("MOU") between the Parties with a tenn of January
1, 2022, through December 31, 2025;
WHEREAS, to aid in the recruitment and retention of valuable employees, the Parties wish
to modify the MOU;
WHEREAS, on ftrC h 6 , 2023, this Agreement was ratified by the Association;
and
WHEREAS, this Agreement will not have the effect of an agreement, and will not be
binding on either party, until it is approved by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
l . Section 2, Compensation, of the MOU is amended to add the following to Subsection
A, which shall read as follows:
Salary Schedule Adjustment
Effective the pay period which includes July 1, 2023, the City will add a new top step
("New Top Step") to the salary schedule for all represented positions, which shall be
five percent (5%) more than the current top step ("Current Top Step"). The Parties
acknowledge and agree that: the first step for all represented positions currently in effect
is not being eliminated.
With the following exception, step advancement through the salary ranges is unaffected
by the addition of the New Top Step:
Employees who have been at the Current Top Step for longer than 12 months as of
June 30, 2023, will advance to the New Top Step in the pay period which includes
July 1, 2023.
2. Exhibit "A" of the MOU is replaced in its entirety with Exhibit A to this Agreement,
which is attached hereto and incorporated herein by this reference.
3. Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBFA Side Letter Agreement — July 2023
Executed thi; i day o,- 2023.
ATTEST:
FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION:
By: /5�-4
Bobby Salerno, President
FOR THE CITY OF NEWPORT BEACH:
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:�—
Aa on C. Harp, City Attorney
W
Leilani Browh, City Clerk
r�tr�oR�
Attachment: Exhibit A — Salary Schedule
NBFA Side Letter Agreement — July 2023
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective July 1, 2023 - Additional Step
Fire Captain 112
35
1
$
33.23
$
8,064
$
96,766
Fire Captain 112
35
2
$
34.90
$
8,468
$
101,615
Fire Captain 112
35
3
$
36.65
$
8,893
$
106,717
Fire Captain 112
35
4
$
38.47
$
9,336
$
112,036
Fire Captain 112
35
5
$
40.40
$
9,804
$
117,645
Fire Captain 112
35
6
$
42.41
$
10,292
$
123,508
Fire Captain 112
35
7
$
44.54
$
10,808
$
129,696
Fire Captain 112
35
8
$
46.76
$
11,348
$
136,173
Fire Captain 112
35
9
$
49.10
$
11,915
$
142,982
Fire Captain 80
65
1
$
46.53
$
8,064
$
96,772
Fire Captain 80
65
2
$
48.86
$
8,468
$
101,619
Fire Captain 80
65
3
$
51.31
$
8,893
$
106,720
Fire Captain 80
65
4
$
53.86
$
9,336
$
112,031
Fire Captain 80
65
5
$
56.56
$
9,804
$
117,643
Fire Captain 80
65
6
$
59.35
$
10,287
$
123,440
Fire Captain 80
65
7
$
62.36
$
10,809
$
129,702
Fire Captain 80
65
8
$
65.47
$
11,348
$
136,172
Fire Captain 80
65
9
$
68.74
$
11,915
$
142,980
Fire Captain, Staff EMS/Training
95
1
$
50.01
$
8,669
$
104,030
Fire Captain, Staff EMS/Training
95
2
$
52.52
$
9,103
$
109,231
Fire Captain, Staff EMS/Training
95
3
$
55.14
$
9,558
$
114,693
Fire Captain, Staff EMS/Training
95
4
$
57.90
$
10,036
$
120,427
Fire Captain, Staff EMS/Training
95
5
$
60.79
$
10,537
$
126,449
Fire Captain, Staff EMS/Training
95
6
$
63.83
$
11,064
$
132,771
Fire Captain, Staff EMS/Training
95
7
$
67.02
$
11,617
$
139,410
Fire Captain, Staff EMS/Training
95
8
$
70.38
$
12,198
$
146,380
Fire Captain, Staff EMS/Training
95
9
$
73.89
$
12,808
$
153,699
Fire Engineer 112
15
1
$
28.31
$
6,870
$
82,435
Fire Engineer 112
15
2
$
29.73
$
7,213
$
86,560
Fire Engineer 112
15
3
$
31.20
$
7,572
$
90,867
Fire Engineer 112
15
4
$
32.77
$
7,952
$
95,426
Fire Engineer 112
15
5
$
34.41
$
8,350
$
100,202
Fire Engineer 112
15
6
$
36.13
$
8,766
$
105,196
Fire Engineer 112
15
7
$
37.93
$
9,204
$
110,444
Fire Engineer 112
15
8
$
39.83
$
9,665
$
115,981
Fire Engineer 112
15
9
$
41.82
$
10,148
$
121,780
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective July 1, 2023 - Additional Step
Fire Engineer 80
15A
1
$
39.63
$
6,870
$
82,435
Fire Engineer 80
15A
2
$
41.62
$
7,213
$
86,560
Fire Engineer 80
15A
3
$
43.69
$
7,572
$
90,866
Fire Engineer 80
15A
4
$
45.88
$
7,952
$
95,426
Fire Engineer 80
15A
5
$
48.17
$
8,350
$
100,202
Fire Engineer 80
15A
6
$
50.80
$
8,805
$
105,660
Fire Engineer 80
15A
7
$
53.10
$
9,204
$
110,444
Fire Engineer 80
15A
8
$
55.76
$
9,665
$
115,981
Fire Engineer 80
15A
9
$
58.55
$
10,148
$
121,780
Fire Services Coordinator
01
1
$
33.01
$
5,721
$
68,652
Fire Services Coordinator
01
2
$
34.65
$
6,005
$
72,064
Fire Services Coordinator
01
3
$
36.39
$
6,307
$
75,683
Fire Services Coordinator
01
4
$
38.21
$
6,624
$
79,483
Fire Services Coordinator
01
5
$
40.13
$
6,955
$
83,464
Fire Services Coordinator
01
6
$
42.14
$
7,304
$
87,651
Fire Services Coordinator
01
7
$
44.25
$
7,670
$
92,045
Fire Services Coordinator
01
8
$
46.46
$
8,054
$
96,646
Fire Services Coordinator
01
9
$
48.79
$
8,457
$
101,478
Firefighter 112
05
0
$
23.99
$
5,822
$
69,858
Firefighter 112
05
1
$
25.19
$
6,113
$
73,352
Firefighter 112
05
2
$
26.44
$
6,417
$
77,006
Firefighter 112
05
3
$
27.77
$
6,740
$
80,878
Firefighter 112
05
4
$
29.15
$
7,075
$
84,895
Firefighter 112
05
5
$
30.62
$
7,430
$
89,166
Firefighter 112
05
6
$
32.15
$
7,801
$
93,616
Firefighter 112
05
7
$
33.75
$
8,190
$
98,285
Firefighter 112
05
8
$
35.44
$
8,601
$
103,206
Firefighter 112
05
9
$
37.21
$
9,031
$
108,367
Firefighter 80
06
0
$
33.59
$
5,822
$
69,864
Firefighter 80
06
1
$
35.27
$
6,113
$
73,357
Firefighter 80
06
2
$
37.02
$
6,417
$
77,002
Firefighter 80
06
3
$
38.88
$
6,740
$
80,878
Firefighter 80
06
4
$
40.81
$
7,074
$
84,885
Firefighter 80
06
5
$
42.87
$
7,431
$
89,176
Firefighter 80
06
6
$
45.01
$
7,802
$
93,622
Firefighter 80
06
7
$
47.25
$
8,190
$
98,274
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 -December 31, 2025 (Exhibit A)
Effective July 1, 2023 - Additional Step
Firefighter 80
06
8
$
49.62
$
8,601
$
103,211
Firefighter 80
06
9
$
52.10
$
9,031
$
108,372
Firefighter Paramedic 1122
25
1
$
30.84
$
7,485
$
89,818
Firefighter Paramedic 1122
25
2
$
32.38
$
7,859
$
94,304
Firefighter Paramedic 1122
25
3
$
34.00
$
8,251
$
99,009
Firefighter Paramedic 1122
25
4
$
35.70
$
8,664
$
103,966
Firefighter Paramedic 1122
25
5
$
37.48
$
9,095
$
109,141 '
Firefighter Paramedic 1122
25
6
$
39.36
$
9,550
$
114,605
Firefighter Paramedic 1122
25
7
$
41.33
$
10,030
$
120,359
Firefighter Paramedic 1122
25
8
$
43.39
$
10,530
$
126,366
Firefighter Paramedic 1122
25
9
$
45.56
$
11,057
$
132,684
Firefighter Paramedic 1123
27
1
$
29.53
$
7,167
$
86,005
Firefighter Paramedic 1123
27
2
$
31.01
$
7,525
$
90,305
Firefighter Paramedic 1123
27
3
$
32.56
$
7,902
$
94,820
Firefighter Paramedic 1123
27
4
$
34.19
$
8,297
$
99,562
Firefighter Paramedic 1123
27
5
$
35.90
$
8,712
$
104,540
Firefighter Paramedic 1123
27
6
$
37.69
$
9,147
$
109,767
Firefighter Paramedic 1123
27
7
$
39.58
$
9,605
$
115,255
Firefighter Paramedic 1123
27
8
$
41.56
$
10,085
$
121,018
Firefighter Paramedic 1123
27
9
$
43.64
$
10,589
$
127,068
Firefighter Paramedic 802
26
1
$
43.18
$
7,485
$
89,817
Firefighter Paramedic 802
26
2
$
45.34
$
7,859
$
94,304
Firefighter Paramedic 802
26
3
$
47.60
$
8,251
$
99,009
Firefighter Paramedic 802
26
4
$
49.98
$
8,664
$
103,966
Firefighter Paramedic 802
26
5
$
52.47
$
9,095
$
109,141
Firefighter Paramedic 802
26
6
$
55.10
$
9,550
$
114,605
Firefighter Paramedic 802
26
7
$
57.86
$
10,030
$
120,359
Firefighter Paramedic 802
26
8
$
60.75
$
10,530
$
126,366
Firefighter Paramedic 802
26
9
$
63.79
$
11,057
$
132,684
Firefighter Paramedic 803
28
1
$
41.35
$
7,168
$
86,011
Firefighter Paramedic 803
28
2
$
43.42
$
7,526
$
90,312
Firefighter Paramedic 803
28
3
$
45.59
$
7,902
$
94,828
Firefighter Paramedic 803
28
4
$
47.87
$
8,297
$
99,569
Firefighter Paramedic 803
28
5
$
50.26
$
8,712
$
104,547
Firefighter Paramedic 803
28
6
$
52.78
$
9,148
$
109,775
Firefighter Paramedic 803
28
7
$
55.42
$
9,605
$
115,263
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective July 1, 2023 - Additional Step
Firefighter Paramedic 803
28
8
$
58.19
$
10,086
$
121,027
Firefighter Paramedic 803
28
9
$
61.10
$
10,590
$
127,078
Life Safety Specialist 1
02
1
$
37.75
$
6,544
$
78,527
Life Safety Specialist 1
02
2
$
39.64
$
6,871
$
82,456
Life Safety Specialist 1
02
3
$
41.62
$
7,214
$
86,565
Life Safety Specialist 1
02
4
$
43.71
$
7,576
$
90,908
Life Safety Specialist 1
02
5
$
45.89
$
7,955
$
95,457
Life Safety Specialist 1
02
6
$
48.18
$
8,351
$
100,213
Life Safety Specialist 1
02
7
$
50.59
$
8,769
$
105,227
Life Safety Specialist 1
02
8
$
53.13
$
9,208
$
110,501
Life Safety Specialist 1
02
9
$
55.78
$
9,669
$
116,026
Life Safety Specialist 11
47
1
$
41.54
$
7,201
$
86,410
Life Safety Specialist II
47
2
$
43.63
$
7,563
$
90,753
Life Safety Specialist 11
47
3
$
45.81
$
7,940
$
95,276
Life Safety Specialist II
47
4
$
48.09
$
8,336
$
100,032
Life Safety Specialist II
47
5
$
50.50
$
8,754
$
105,047
Life Safety Specialist II
47
6
$
53.03
$
9,191
$
110,294
Life Safety Specialist 11
47
7
$
55.67
$
9,650
$
115,800
Life Safety Specialist II
47
8
$
58.47
$
10,135
$
121,616
Life Safety Specialist II
47
9
$
61.39
$
10,641
$
127,696
Life Safety Specialist III
75
1
$
45.68
$
7,918
$
95,018
Life Safety Specialist III
75
2
$
47.97
$
8,314
$
99,774
Life Safety Specialist III
75
3
$
50.37
$
8,730
$
104,762
Life Safety Specialist III
75
4
$
52.89
$
9,167
$
110,010
Life Safety Specialist 111
75
5
$
55.54
$
9,626
$
115,515
Life Safety Specialist 111
75
6
$
58.31
$
10,107
$
121,279
Life Safety Specialist III
75
7
$
61.23
$
10,613
$
127,353
Life Safety Specialist III
75
8
$
64.28
$
11,143
$
133,713
Life Safety Specialist III
75
9
$
67.50
$
11,700
$
140,398
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual
rates may vary slightly due to rounding.
z Hired before January 1, 2016
3 Hired on/after January 1, 2016
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA)
Fire Captain 112
35
1
$
34.25
$
8,311
$
99,728
Fire Captain 112
35
2
$
35.96
$
8,726
$
104,715
Fire Captain 112
35
3
$
37.76
$
9,163
$
109,950
Fire Captain 112
35
4
$
39.65
$
9,621
$
115,448
Fire Captain 112
35
5
$
41.63
$
10,102
$
121,220
Fire Captain 112
35
6
$
43.71
$
10,607
$
127,281
Fire Captain 112
35
7
$
45.89
$
11,137
$
133,646
Fire Captain 112
35
8
$
48.19
$
11,694
$
140,328
Fire Captain 112
35
9
$
50.60
$
12,279
$
147,344
Fire Captain 80
65
1
$
47.95
$
8,311
$
99,736
Fire Captain 80
65
2
$
50.37
$
8,732
$
104,779
Fire Captain 80
65
3
$
52.86
$
9,163
$
109,959
Fire Captain 80
65
4
$
55.51
$
9,621
$
115,457
Fire Captain 80
65
5
$
58.28
$
10,102
$
121,229
Fire Captain 80
65
6
$
61.20
$
10,608
$
127,291
Fire Captain 80
65
7
$
64.26
$
11,138
$
133,656
Fire Captain 80
65
8
$
67.47
$
11,695
$
140,338
Fire Captain 80
65
9
$
70.84
$
12,280
$
147,355
Fire Captain, Staff EMS/Training
95
1
$
51.55
$
8,935
$
107,216
Fire Captain, Staff EMS/Training
95
2
$
54.12
$
9,381
$
112,577
Fire Captain, Staff EMS/Training
95
3
$
56.83
$
9,850
$
118,206
Fire Captain, Staff EMS/Training
95
4
$
59.67
$
10,343
$
124,116
Fire Captain, Staff EMS/Training
95
5
$
62.65
$
10,860
$
130,322
Fire Captain, Staff EMS/Training
95
6
$
65.79
$
11,403
$
136,838
Fire Captain, Staff EMS/Training
95
7
$
69.08
$
11,973
$
143,680
Fire Captain, Staff EMS/Training
95
8
$
72.53
$
12,572
$
150,864
Fire Captain, Staff EMS/Training
95
9
$
76.16
$
13,201
$
158,407
Fire Engineer 112
15
1
$
29.19
$
7,083
$
84,996
Fire Engineer 112
15
2
$
30.65
$
7,437
$
89,246
Fire Engineer 112
15
3
$
32.18
$
7,809
$
93,708
Fire Engineer 112
15
4
$
33.79
$
8,199
$
98,393
Fire Engineer 112
15
5
$
35.48
$
8,609
$
103,313
Fire Engineer 112
15
6
$
37.25
$
9,040
$
108,478
Fire Engineer 112
15
7
$
39.11
$
9,492
$
113,903
Fire Engineer 112
15
8
$
41.07
$
9,966
$
119,598
Fire Engineer 112
15
9
$
43.12
$
10,465
$
125,577
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA)
Fire Engineer 80
15A
1
$
40.87
$
7,084
$
85,002
Fire Engineer 80
15A
2
$
42.91
$
7,438
$
89,252
Fire Engineer 80
15A
3
$
45.06
$
7,810
$
93,715
Fire Engineer 80
15A
4
$
47.31
$
8,200
$
98,400
Fire Engineer 80
15A
5
$
49.67
$
8,610
$
103,321
Fire Engineer 80
15A
6
$
52.16
$
9,041
$
108,487
Fire Engineer 80
15A
7
$
54.76
$
9,493
$
113,911
Fire Engineer 80
15A
8
$
57.50
$
9,967
$
119,606
Fire Engineer 80
15A
9
$
60.38
$
10,466
$
125,587
Fire Services Coordinator
01
1
$
34.00
$
5,893
$
70,712
Fire Services Coordinator
01
2
$
35.69
$
6,186
$
74,226
Fire Services Coordinator
01
3
$
37.48
$
6,496
$
77,954
Fire Services Coordinator
01
4
$
39.36
$
6,822
$
81,868
Fire Services Coordinator
01
5
$
41.33
$
7,164
$
85,967
Fire Services Coordinator
01
6
$
43.40
$
7,523
$
90,281
Fire Services Coordinator
01
7
$
45.58
$
7,901
$
94,806
Fire Services Coordinator
01
8
$
47.86
$
8,295
$
99,545
Fire Services Coordinator
01
9
$
50.25
$
8,710
$
104,522
Firefighter 112
05
0
$
24.71
$
5,996
$
71,954
Firefighter 112
05
1
$
25.95
$
6,296
$
75,552
Firefighter 112
05
2
$
27.24
$
6,611
$
79,329
Firefighter 112
05
3
$
28.60
$
6,941
$
83,296
Firefighter 112
05
4
$
30.03
$
7,288
$
87,461
Firefighter 112
05
5
$
31.54
$
7,653
$
91,834
Firefighter 112
05
6
$
33.11
$
8,035
$
96,425
Firefighter 112
05
7
$
34.77
$
8,437
$
101,247
Firefighter 112
05
8
$
36.51
$
8,859
$
106,309
Firefighter 112
05
9
$
38.33
$
9,302
$
111,624
Firefighter 80
06
0
$
34.60
$
5,997
$
71,959
Firefighter 80
06
1
$
36.33
$
6,296
$
75,557
Firefighter 80
06
2
$
38.14
$
6,611
$
79,335
Firefighter 80
06
3
$
40.05
$
6,942
$
83,302
Firefighter 80
06
4
$
42.05
$
7,289
$
87,467
Firefighter 80
06
5
$
44.15
$
7,653
$
91,841
Firefighter 80
06
6
$
46.36
$
8,036
$
96,433
Firefighter 80
06
7
$
48.68
$
8,438
$
101,254
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA)
Firefighter 80
06
8
$
51.11
$
8,860
$
106,317
Firefighter 80
06
9
$
53.67
$
9,303
$
111,633
Firefighter Paramedic 1122
25
1
$
31.72
$
7,697
$
92,362
Firefighter Paramedic 1122
25
2
$
33.30
$
8,082
$
96,980
Firefighter Paramedic 1122
25
3
$
34.97
$
8,486
$
101,829
Firefighter Paramedic 1122
25
4
$
36.72
$
8,910
$
106,921
Firefighter Paramedic 1122
25
5
$
38.55
$
9,356
$
112,267
Firefighter Paramedic 1122
25
6
$
40.48
$
9,823
$
117,880
Firefighter Paramedic 1122
25
7
$
42.50
$
10,315
$
123,774
Firefighter Paramedic 1122
25
8
$
44.63
$
10,830
$
129,963
Firefighter Paramedic 1122
25
9
$
46.86
$
11,372
$
136,461
Firefighter Paramedic 1123
27
1
$
30.42
$
7,382
$
88,584
Firefighter Paramedic 1123
27
2
$
31.94
$
7,751
$
93,014
Firefighter Paramedic 1123
27
3
$
33.54
$
8,139
$
97,664
Firefighter Paramedic 1123
27
4
$
35.22
$
8,546
$
102,548
Firefighter Paramedic 1123
27
5
$
36.98
$
8,973
$
107,675
Firefighter Paramedic 1123
27
6
$
38.83
$
9,422
$
113,059
Firefighter Paramedic 1123
27
7
$
40.77
$
9,893
$
118,712
Firefighter Paramedic 1123
27
8
$
42.80
$
10,387
$
124,647
Firefighter Paramedic 1123
27
9
$
44.94
$
10,907
$
130,880
Firefighter Paramedic 802
26
1
$
44.41
$
7,697
$
92,369
Firefighter Paramedic 802
26
2
$
46.63
$
8,082
$
96,987
Firefighter Paramedic 802
26
3
$
48.96
$
8,486
$
101,837
Firefighter Paramedic 802
26
4
$
51.41
$
8,911
$
106,929
Firefighter Paramedic 802
26
5
$
53.98
$
9,356
$
112,275
Firefighter Paramedic 802
26
6
$
56.68
$
9,824
$
117,889
Firefighter Paramedic 802
26
7
$
59.51
$
10,315
$
123,783
Firefighter Paramedic 802
26
8
$
62.49
$
10,831
$
129,972
Firefighter Paramedic 802
26
9
$
65.61
$
11,373
$
136,471
Firefighter Paramedic 803
28
1
$
42.59
$
7,383
$
88,591
Firefighter Paramedic 803
28
2
$
44.72
$
7,752
$
93,021
Firefighter Paramedic 803
28
3
$
46.96
$
8,139
$
97,672
Firefighter Paramedic 803
28
4
$
49.31
$
8,546
$
102,555
Firefighter Paramedic 803
28
5
$
51.77
$
8,974
$
107,683
Firefighter Paramedic 803
28
6
$
54.36
$
9,422
$
113,067
Firefighter Paramedic 803
28
7
$
57.08
$
9,893
$
118,721
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment (COLA)
Firefighter Paramedic 803
28
8
$
59.93
$
10,388
$
124,657
Firefighter Paramedic 803
28
9
$
62.93
$
10,907
$
130,889
Life Safety Specialist 1
02
1
$
38.89
$
6,740
$
80,882
Life Safety Specialist 1
02
2
$
40.83
$
7,077
$
84,930
Life Safety Specialist 1
02
3
$
42.87
$
7,430
$
89,162
Life Safety Specialist 1
02
4
$
45.02
$
7,803
$
93,635
Life Safety Specialist 1
02
5
$
47.27
$
8,193
$
98,321
Life Safety Specialist 1
02
6
$
49.62
$
8,602
$
103,220
Life Safety Specialist 1
02
7
$
52.11
$
9,032
$
108,384
Life Safety Specialist 1
02
8
$
54.72
$
9,485
$
113,816
Life Safety Specialist 1
02
9
$
57.46
$
9,959
$
119,506
Life Safety Specialist II
47
1
$
42.79
$
7,417
$
89,002
Life Safety Specialist II
47
2
$
44.94
$
7,790
$
93,475
Life Safety Specialist II
47
3
$
47.18
$
8,178
$
98,135
Life Safety Specialist II
47
4
$
49.54
$
8,586
$
103,033
Life Safety Specialist II
47
5
$
52.02
$
9,017
$
108,198
Life Safety Specialist II
47
6
$
54.62
$
9,467
$
113,602
Life Safety Specialist II
47
7
$
57.34
$
9,939
$
119,274
Life Safety Specialist 11
47
8
$
60.22
$
10,439
$
125,264
Life Safety Specialist II
47
9
$
63.23
$
10,961
$
131,527
Life Safety Specialist III
75
1
$
47.05
$
8,156
$
97,868
Life Safety Specialist 111
75
2
$
49.41
$
8,564
$
102,767
Life Safety Specialist III
75
3
$
51.88
$
8,992
$
107,905
Life Safety Specialist III
75
4
$
54.48
$
9,442
$
113,310
Life Safety Specialist III
75
5
$
57.20
$
9,915
$
118,981
Life Safety Specialist III
75
6
$
60.06
$
10,410
$
124,918
Life Safety Specialist III
75
7
$
63.06
$
10,931
$
131,174
Life Safety Specialist 111
75
8
$
66.21
$
11,477
$
137,724
Life Safety Specialist III
75
9
$
69.52
$
12,051
$
144,610
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual
rate may vary slightly due to rounding.
z Hired before January 1, 2016
3 Hired on/after January 1, 2016
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA)
Fire Captain 112
35
1
$
35.27
$
8,560
$
102,720
Fire Captain 112
35
2
$
37.04
$
8,988
$
107,856
Fire Captain 112
35
3
$
38.89
$
9,437
$
113,249
Fire Captain 112
35
4
$
40.84
$
9,909
$
118,912
Fire Captain 112
35
5
$
42.88
$
10,405
$
124,857
Fire Captain 112
35
6
$
45.02
$
10,925
$
131,100
Fire Captain 112
35
7
$
47.27
$
11,471
$
137,655
Fire Captain 112
35
8
$
49.64
$
12,045
$
144,538
Fire Captain 112
35
9
$
52.12
$
12,647
$
151,764
Fire Captain 80
65
1
$
49.39
$
8,561
$
102,728
Fire Captain 80
65
2
$
51.89
$
8,994
$
107,922
Fire Captain 80
65
3
$
54.45
$
9,438
$
113,257
Fire Captain 80
65
4
$
57.17
$
9,910
$
118,920
Fire Captain 80
65
5
$
60.03
$
10,406
$
124,866
Fire Captain 80
65
6
$
63.03
$
10,926
$
131,110
Fire Captain 80
65
7
$
66.19
$
11,472
$
137,665
Fire Captain 80
65
8
$
69.49
$
12,046
$
144,549
Fire Captain 80
65
9
$
72.97
$
12,648
$
151,776
Fire Captain, Staff EMS/Training
95
1
$
53.09
$
9,203
$
110,433
Fire Captain, Staff EMS/Training
95
2
$
55.75
$
9,663
$
115,954
Fire Captain, Staff EMS/Training
95
3
$
58.53
$
10,146
$
121,752
Fire Captain, Staff EMS/Training
95
4
$
61.46
$
10,653
$
127,839
Fire Captain, Staff EMS/Training
95
5
$
64.53
$
11,186
$
134,231
Fire Captain, Staff EMS/Training
95
6
$
67.76
$
11,745
$
140,943
Fire Captain, Staff EMS/Training
95
7
$
71.15
$
12,333
$
147,990
Fire Captain, Staff EMS/Training
95
8
$
74.71
$
12,949
$
155,390
Fire Captain, Staff EMS/Training
95
9
$
78.44
$
13,597
$
163,159
Fire Engineer 112
15
1
$
30.06
$
7,295
$
87,545
Fire Engineer 112
15
2
$
31.57
$
7,660
$
91,923
Fire Engineer 112
15
3
$
33.15
$
8,043
$
96,519
Fire Engineer 112
15
4
$
34.80
$
8,445
$
101,345
Fire Engineer 112
15
5
$
36.54
$
8,868
$
106,412
Fire Engineer 112
15
6
$
38.37
$
9,311
$
111,733
Fire Engineer 112
15
7
$
40.29
$
9,777
$
117,320
Fire Engineer 112
15
8
$
42.30
$
10,265
$
123,185
Fire Engineer 112
15
9
$
44.42
$
10,779
$
129,345
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA)
Fire Engineer 80
15A
1
$
42.09
$
7,296
$
87,552
Fire Engineer 80
15A
2
$
44.20
$
7,661
$
91,930
Fire Engineer 80
15A
3
$
46.41
$
8,044
$
96,526
Fire Engineer 80
15A
4
$
48.73
$
8,446
$
101,352
Fire Engineer 80
15A
5
$
51.16
$
8,868
$
106,420
Fire Engineer 80
15A
6
$
53.72
$
9,312
$
111,741
Fire Engineer 80
15A
7
$
56.41
$
9,777
$
117,328
Fire Engineer 80
15A
8
$
59.23
$
10,266
$
123,195
Fire Engineer 80
15A
9
$
62.19
$
10,780
$
129,354
Fire Services Coordinator
01
1
$
35.02
$
6,069
$
72,833
Fire Services Coordinator
01
2
$
36.76
$
6,371
$
76,453
Fire Services Coordinator
01
3
$
38.60
$
6,691
$
80,292
Fire Services Coordinator
01
4
$
40.54
$
7,027
$
84,324
Fire Services Coordinator
01
5
$
42.57
$
7,379
$
88,546
Fire Services Coordinator
01
6
$
44.71
$
7,749
$
92,989
Fire Services Coordinator
01
7
$
46.95
$
8,138
$
97,651
Fire Services Coordinator
01
8
$
49.29
$
8,544
$
102,532
Fire Services Coordinator
01
9
$
51.76
$
8,972
$
107,658
Firefighter 112
05
0
$
25.45
$
6,176
$
74,113
Firefighter 112
05
1
$
26.72
$
6,485
$
77,819
Firefighter 112
05
2
$
28.06
$
6,809
$
81,709
Firefighter 112
05
3
$
29.46
$
7,150
$
85,795
Firefighter 112
05
4
$
30.94
$
7,507
$
90,084
Firefighter 112
05
5
$
32.48
$
7,882
$
94,589
Firefighter 112
05
6
$
34.11
$
8,277
$
99,318
Firefighter 112
05
7
$
35.81
$
8,690
$
104,284
Firefighter 112
05
8
$
37.60
$
9,125
$
109,498
Firefighter 112
05
9
$
39.48
$
9,581
$
114,973
Firefighter 80
06
0
$
35.63
$
6,177
$
74,118
Firefighter 80
06
1
$
37.42
$
6,485
$
77,824
Firefighter 80
06
2
$
39.29
$
6,810
$
81,716
Firefighter 80
06
3
$
41.25
$
7,150
$
85,801
Firefighter 80
06
4
$
43.31
$
7,508
$
90,091
Firefighter 80
06
5
$
45.48
$
7,883
$
94,596
Firefighter 80
06
6
$
47.75
$
8,277
$
99,326
Firefighter 80
06
7
$
50.14
$
8,691
$
104,292
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA)
Firefighter 80
06
8
$
52.65
$
9,126
$
109,506
Firefighter 80
06
9
$
55.28
$
9,582
$
114,982
Firefighter Paramedic 1122
25
1
$
32.67
$
7,928
$
95,133
Firefighter Paramedic 1122
25
2
$
34.30
$
8,324
$
99,889
Firefighter Paramedic 1122
25
3
$
36.02
$
8,740
$
104,884
Firefighter Paramedic 1122
25
4
$
37.82
$
9,177
$
110,128
Firefighter Paramedic 1122
25
5
$
39.71
$
9,636
$
115,635
Firefighter Paramedic 1122
25
6
$
41.70
$
10,118
$
121,416
Firefighter Paramedic 1122
25
7
$
43.78
$
10,624
$
127,487
Firefighter Paramedic 1122
25
8
$
45.97
$
11,155
$
133,862
Firefighter Paramedic 1122
25
9
$
48.27
$
11,713
$
140,554
Firefighter Paramedic 1123
27
1
$
31.33
$
7,603
$
91,242
Firefighter Paramedic 1123
27
2
$
32.90
$
7,984
$
95,804
Firefighter Paramedic 1123
27
3
$
34.54
$
8,383
$
100,594
Firefighter Paramedic 1123
27
4
$
36.27
$
8,802
$
105,624
Firefighter Paramedic 1123
27
5
$
38.09
$
9,242
$
110,905
Firefighter Paramedic 1123
27
6
$
39.99
$
9,704
$
116,451
Firefighter Paramedic 1123
27
7
$
41.99
$
10,189
$
122,273
Firefighter Paramedic 1123
27
8
$
44.09
$
10,699
$
128,387
Firefighter Paramedic 1123
27
9
$
46.29
$
11,234
$
134,806
Firefighter Paramedic 802
26
1
$
45.74
$
7,928
$
95,140
Firefighter Paramedic 802
26
2
$
48.03
$
8,325
$
99,897
Firefighter Paramedic 802
26
3
$
50.43
$
8,741
$
104,892
Firefighter Paramedic 802
26
4
$
52.95
$
9,178
$
110,136
Firefighter Paramedic 802
26
5
$
55.60
$
9,637
$
115,643
Firefighter Paramedic 802
26
6
$
58.38
$
10,119
$
121,425
Firefighter Paramedic 802
26
7
$
61.30
$
10,625
$
127,497
Firefighter Paramedic 802
26
8
$
64.36
$
11,156
$
133,872
Firefighter Paramedic 802
26
9
$
67.58
$
11,714
$
140,565
Firefighter Paramedic 803
28
1
$
43.87
$
7,604
$
91,249
Firefighter Paramedic 803
28
2
$
46.06
$
7,984
$
95,811
Firefighter Paramedic 803
28
3
$
48.37
$
8,383
$
100,602
Firefighter Paramedic 803
28
4
$
50.78
$
8,803
$
105,632
Firefighter Paramedic 803
28
5
$
53.32
$
9,243
$
110,914
Firefighter Paramedic 803
28
6
$
55.99
$
9,705
$
116,459
Firefighter Paramedic 803
28
7
$
58.79
$
10,190
$
122,282
EXHIBIT G: Side Letter of Agreement Between the City and NBFA
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment (COLA)
Firefighter Paramedic 803
28
8
$
61.73
$
10,700
$
128,396
Firefighter Paramedic 803
28
9
$
64.82
$
11,235
$
134,816
Life Safety Specialist 1
02
1
$
40.05
$
6,942
$
83,309
Life Safety Specialist 1
02
2
$
42.06
$
7,290
$
87,477
Life Safety Specialist 1
02
3
$
44.15
$
7,653
$
91,837
Life Safety Specialist 1
02
4
$
46.37
$
8,037
$
96,444
Life Safety Specialist 1
02
5
$
48.69
$
8,439
$
101,271
Life Safety Specialist 1
02
6
$
51.11
$
8,860
$
106,316
Life Safety Specialist 1
02
7
$
53.67
$
9,303
$
111,636
Life Safety Specialist 1
02
8
$
56.36
$
9,769
$
117,230
Life Safety Specialist 1
02
9
$
59.18
$
10,258
$
123,092
Life Safety Specialist II
47
1
$
44.07
$
7,639
$
91,672
Life Safety Specialist II
47
2
$
46.29
$
8,023
$
96,279
Life Safety Specialist II
47
3
$
48.60
$
8,423
$
101,079
Life Safety Specialist II
47
4
$
51.02
$
8,844
$
106,125
Life Safety Specialist II
47
5
$
53.58
$
9,287
$
111,444
Life Safety Specialist II
47
6
$
56.26
$
9,751
$
117,010
Life Safety Specialist II
47
7
$
59.06
$
10,238
$
122,852
Life Safety Specialist II
47
8
$
62.03
$
10,752
$
129,022
Life Safety Specialist II
47
9
$
65.13
$
11,289
$
135,473
Life Safety Specialist III
75
1
$
48.46
$
8,400
$
100,804
Life Safety Specialist 111
75
2
$
50.89
$
8,821
$
105,850
Life Safety Specialist III
75
3
$
53.43
$
9,262
$
111,142
Life Safety Specialist III
75
4
$
56.11
$
9,726
$
116,709
Life Safety Specialist III
75
5
$
58.92
$
10,213
$
122,550
Life Safety Specialist III
75
6
$
61.86
$
10,722
$
128,665
Life Safety Specialist III
75
7
$
64.96
$
11,259
$
135,109
Life Safety Specialist III
75
8
$
68.20
$
11,821
$
141,856
Life Safety Specialist III
75
9
$
71.61
$
12,412
$
148,948
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar. Actual
rates may vary slightly due to rounding.
z Hired before January 1, 2016
3 Hired on/after January 1, 2016
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this 2 9 day of
kip EYY113ea,. 2022, by and between the City of Newport Beach ("City") and the
Newport Beach Firefighters Association ("NBFA") (collectively "Parties") with respect to
the following:
WHEREAS, on December 14, 2021, the City Council adopted Resolution No.
2021-130 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in the
recruitment and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. The following language in Section 4.A.2. Fringe Benefits, Insurance,
Medical Insurance, of the MOU is amended to read as follows:
2. Medical Insurance
Current Language: The City's monthly contribution towards the Cafeteria
Plan is $1,824.00 (plus the minimum Ca1PERS participating employee's contribution).
Amended Language: The City's monthly contribution towards the
Cafeteria Plan is $1,824.00 (plus the minimum Ca1PERS participating employer's
contribution). Temporary Increase. Effective the pay period that includes January 1, 2023,
the City's monthly contribution towards the Cafeteria Plan increases to $1,924.00 (plus the
minimum Ca1PERS participating employer's contribution). Effective the pay period that
includes January 1, 2025, the City's monthly contribution towards the Cafeteria Plan
decreases to $1,824.00 (plus the minimum Ca1PERS participating employer's
contribution).
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
NBFA Side Letter Agreement Page 1 of 2
Executed this day of ,oV OVeAke', 2022
ATTEST:
By:
FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION:
By:
Bobby Salerno, President
FOR THE CITY OF WP • ' T BEAC
By:
Kevin Mul.,s:n, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
Aaron C. Harp, City Attorney
Leilani Brow,/ ity Clerk
NBFA Side Letter Agreement
Page 2 of 2
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement ("Agreement") is made and entered into this 23 day of
Anous'r 2022, by and between the City of Newport Beach ("City") and the
Newport Beach Firefighters Association ("Association") (collectively "Parties") with
respect to the following:
WHEREAS, on December 14, 2021, the City Council adopted Resolution No.
2021-130 approving a Memorandum of Understanding ("MOU") between the Parties with
a term of January 1, 2022, through December 31, 2025;
WHEREAS, given increases in the Cost -of -Living and to aid in the recruitment
and retention of valuable employees, the Parties wish to modify the MOU; and
WHEREAS, this Agreement will not have the effect of an agreement, and will not
be binding on either party, until it is ratified by the affected bargaining unit and approved
by the City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. Section 2, Compensation, Subsection A, Salary Adjustments — this MOU
Period, of the MOU is amended to read as follows:
Base salary increases for all NBFA represented classifications shall be as follows
and as specified in Exhibit A:
1. Effective the pay period following January 1, 2022, there shall be a base salary
increase of two percent (2.0%) for all represented classifications. Individuals
must be employed by the City on the first day of the pay period following City
Council adoption to qualify for retroactive payment of the COLA.
2. Effective the pay period following January 1, 2023, there shall be a base salary
increase of three percent (3.0%) for all represented classifications.
3. Effective the pay period following January 1, 2024, there shall be a base salary
increase of three percent (3.0%) for all represented classifications.
4. Effective the pay period following January 1, 2025, there shall be a base salary
increase of three percent (3.0%) for all represented classifications.
2. Exhibit A of the MOU is replaced in its entirety with Exhibit A to this
Agreement, which is attached hereto and incorporated herein by this reference.
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the MOU shall remain unchanged and shall be in full force and effect.
Signatures on the next page
Executed this 23 day of AUbUsr, 2022
ATTEST:
By:
FOR THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION:
By: no16 Z2( JA.--.
Bobby Salerno, President
FOR THE CITY OF NEWPORT BEACH:
Kevin M
on, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM:
By:
r
Oui
ie"..."\--
Aaron C. Harp, City Attorney
Leilani Brown, CitClerk
Attachment: Exhibit A — Salary Schedule with Cost -of -Living Adjustment
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Reach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 14, 2023 - 3% Cost -of -Living Adjustment
Fire Captain 112 35 1 $ 33.23 $
Fire Captain 112 35 2 $ 34.90 $
Fire Captain 112 35 3 $ 36.65 $
Fire Captain 112 35 4 $ 38.47 $
Fire Captain 112 35 5 $ 40.40 $
Fire Captain 112 35 6 $ 42.41 $
Fire Captain 112 35 7 $ 44.54 $
Fire Captain 112 35 8 $ 46.76 $
Fire Captain 80 65 1 $ 46.53 $
Fire Captain 80 65 2 $ 48.86 $
Fire Captain 80 65 3 $ 51.31 $
Fire Captain 80 65 4 $ 53.86 $
Fire Captain 80 65 5 $ 56.56 $
Fire Captain 80 65 6 $ 59.35 $
Fire Captain 80 65 7 $ 62.36 $
Fire Captain 80 65 8 $ 65.47 $
Fire Captain, Staff EMS/Training 95 1 $ 50.01 $
Fire Captain, Staff EMS/Training 95 2 $ 52.52 $
Fire Captain, Staff EMS/Training 95 3 $ 55.14 $
Fire Captain, Staff EMS/Training 95 4 $ 57.90 $
Fire Captain, Staff EMS/Training 95 5 $ 60.79 $
Fire Captain, Staff EMS/Training 95 6 $ 63.83 $
Fire Captain, Staff EMS/Training 95 7 $ 67.02 $
Fire Captain, Staff EMS/Training 95 8 $ 70.38 $
Fire Engineer 112 15 1 $ 28.31 $
Fire Engineer 112 15 2 $ 29.73 $
Fire Engineer 112 15 3 $ 31.20 $
Fire Engineer 112 15 4 $ 32.77 $
Fire Engineer 112 15 5 $ 34.41 $
Fire Engineer 112 15 6 $ 36.13 $
Fire Engineer 112 15 7 $ 37.93 $
Fire Engineer 112 15 8 $ 39.83 $
Fire Engineer 80 15A 1 $ 39.63 $
Fire Engineer 80 15A 2 $ 41.62 $
Fire Engineer 80 15A 3 $ 43.69 $
Fire Engineer 80 15A 4 $ 45.88 $
Fire Engineer 80 15A 5 $ 48.17 $
Fire Engineer 80 15A 6 $ 50.80 $
8,064 $
8,468 $
8,893 $
9,336 $
9,804 $
10,292 $
10,808 $
11,348 $
8,064 $
8,468 $
8,893 $
9,336 $
9,804 $
10,287 $
10,809 $
11,348 $
8,669 $
9,103 $
9,558 $
10,036 $
10,537 $
11,064 $
11,617 $
12,198 $
6,870 $
7,213 $
7,572 $
7,952 $
8,350 $
8,766 $
9,204 $
9,665 $
6,870 $
7,213 $
7,572 $
7,952 $
8,350 $
8,805 $
96,766
101,615
106,717
112,036
117,645
123,508
129,696
136,173
96,772
101,619
106,720
112,031
117,643
123,440
129,702
136,172
104,030
109,231
114,693
120,427
126,449
132,771
139,410
146,380
82,435
86,560
90,867
95,426
100,202
105,196
110,444
115,981
82,435
86,560
90,866
95,426
100,202
105,660
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 14, 2023 - 3% Cost -of -Living Adjustment
Fire Engineer 80 15A 7 $ 53.10 $ 9,204 $ 110,444
Fire Engineer 80 15A 8 $ 55.76 $ 9,665 $ 115,981
Fire Services Coordinator 01 1 $ 33.01 $ 5,721 $ 68,652
Fire Services Coordinator 01 2 $ 34.65 $ 6,005 $ 72,064
Fire Services Coordinator 01 3 $ 36.39 $ 6,307 $ 75,683
Fire Services Coordinator 01 4 $ 38.21 $ 6,624 $ 79,483
Fire Services Coordinator 01 5 $ 40.13 $ 6,955 $ 83,464
Fire Services Coordinator 01 6 $ 42.14 $ 7,304 $ 87,651
Fire Services Coordinator 01 7 $ 44.25 $ 7,670 $ 92,045
Fire Services Coordinator 01 8 $ 46.46 $ 8,054 $ 96,646
Firefighter 112 05 0 $ 23.99 $ 5,822 $ 69,858
Firefighter 112 05 1 $ 25.19 $ 6,113 $ 73,352
Firefighter 112 05 2 $ 26.44 $ 6,417 $ 77,006
Firefighter 112 05 3 $ 27.77 $ 6,740 $ 80,878
Firefighter 112 05 4 $ 29.15 $ 7,075 $ 84,895
Firefighter 112 05 5 $ 30.62 $ 7,430 $ 89,166
Firefighter 112 05 6 $ 32.15 $ 7,801 $ 93,616
Firefighter 112 05 7 $ 33.75 $ 8,190 $ 98,285
Firefighter 112 05 8 $ 35.44 $ 8,601 $ 103,206
Firefighter 80 06 0 $ 33.59 $ 5,822 $ 69,864
Firefighter 80 06 1 $ 35.27 $ 6,113 $ 73,357
Firefighter 80 06 2 $ 37.02 $ 6,417 $ 77,002
Firefighter 80 06 3 $ 38.88 $ 6,740 $ 80,878
Firefighter 80 06 4 $ 40.81 $ 7,074 $ 84,885
Firefighter 80 06 5 $ 42.87 $ 7,431 $ 89,176
Firefighter 80 06 6 $ 45.01 $ 7,802 $ 93,622
Firefighter 80 06 7 $ 47.25 $ 8,190 $ 98,274
Firefighter 80 06 8 $ 49.62 $ 8,601 $ 103,211
Firefighter Paramedic 1121 25 1 $ 30.84 $ 7,485 $ 89,818
Firefighter Paramedic 1121 25 2 $ 32.38 $ 7,859 $ 94,304
Firefighter Paramedic 1121 25 3 $ 34.00 $ 8,251 $ 99,009
Firefighter Paramedic 1121 25 4 $ 35.70 $ 8,664 $ 103,966
Firefighter Paramedic 1121 25 5 $ 37.48 $ 9,095 $ 109,141
Firefighter Paramedic 1121 25 6 $ 39.36 $ 9,550 $ 114,605
Firefighter Paramedic 1121 25 7 $ 41.33 $ 10,030 $ 120,359
Firefighter Paramedic 1121 25 8 $ 43.39 $ 10,530 $ 126,366
Firefighter Paramedic 1122 27 1 $ 29.53 $ 7,167 $ 86,005
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 14, 2023 - 3% Cost -of -Living Adjustment
REPRESENTED POSITION':'
OUIRLY R
Firefighter Paramedic 1122 27 2 $ 31.01 $ 7,525 $
Firefighter Paramedic 1122 27 3 $ 32.56 $ 7,902 $
Firefighter Paramedic 1122 27 4 $ 34.19 $ 8,297 $
Firefighter Paramedic 1122 27 5 $ 35.90 $ 8,712 $
Firefighter Paramedic 1122 27 6 $ 37.69 $ 9,147 $
Firefighter Paramedic 1122 27 7 $ 39.58 $ 9,605 $
Firefighter Paramedic 1122 27 8 $ 41.56 $ 10,085 $
Firefighter Paramedic 801 26 1 $ 43.18 $ 7,485 $
Firefighter Paramedic 801 26 2 $ 45.34 $ 7,859 $
Firefighter Paramedic 801 26 3 $ 47.60 $ 8,251 $
Firefighter Paramedic 801 26 4 $ 49.98 $ 8,664 $
Firefighter Paramedic 801 26 5 $ 52.47 $ 9,095 $
Firefighter Paramedic 801 26 6 $ 55.10 $ 9,550 $
Firefighter Paramedic 801 26 7 $ 57.86 $ 10,030 $
Firefighter Paramedic 801 26 8 $ 60.75 $ 10,530 $
Firefighter Paramedic 802 28 1 $ 41.35 $ 7,168 $
Firefighter Paramedic 802 28 2 $ 43.42 $ 7,526 $
Firefighter Paramedic 802 28 3 $ 45.59 $ 7,902 $
Firefighter Paramedic 802 28 4 $ 47.87 $ 8,297 $
Firefighter Paramedic 802 28 5 $ 50.26 $ 8,712 $
Firefighter Paramedic 802 28 6 $ 52.78 $ 9,148 $
Firefighter Paramedic 802 28 7 $ 55.42 $ 9,605 $
Firefighter Paramedic 802 28 8 $ 58.19 $ 10,086 $
Life Safety Specialist I 02 1 $ 37.75 $ 6,544 $
Life Safety Specialist I 02 2 $ 39.64 $ 6,871 $
Life Safety Specialist I 02 3 $ 41.62 $ 7,214 $
Life Safety Specialist I 02 4 $ 43.71 $ 7,576 $
Life Safety Specialist I 02 5 $ 45.89 $ 7,955 $
Life Safety Specialist I 02 6 $ 48.18 $ 8,351 $
Life Safety Specialist I 02 7 $ 50.59 $ 8,769 $
Life Safety Specialist I 02 8 $ 53.13 $ 9,208 $
Life Safety Specialist II 47 1 $ 41.54 $ 7,201 $
Life Safety Specialist 11 47 2 $ 43.63 $ 7,563 $
Life Safety Specialist II 47 3 $ 45.81 $ 7,940 $
Life Safety Specialist II 47 4 $ 48.09 $ 8,336 $
90,305
94,820
99,562
104,540
109,767
115,255
121,018
89,817
94,304
99,009
103,966
109,141
114,605
120,359
126,366
86,011
90,312
94,828
99,569
104,547
109,775
115,263
121,027
78,527
82,456
86,565
90,908
95,457
100,213
105,227
110,501
86,410
90,753
95,276
100,032
REPRESENTED POSITION
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 14, 2023 - 3% Cost -of -Living Adjustment
'LAW
Life Safety Specialist II 47 5 $ 50.50 $ 8,754 $ 105,047
Life Safety Specialist II 47 6 $ 53.03 $ 9,191 $ 110,294
Life Safety Specialist II 47 7 $ 55.67 $ 9,650 $ 115,800
Life Safety Specialist II 47 8 $ 58.47 $ 10,135 $ 121,616
Life Safety Specialist III 75 1 $ 45.68 $ 7,918 $ 95,018
Life Safety Specialist III 75 2 $ 47.97 $ 8,314 $ 99,774
Life Safety Specialist III 75 3 $ 50.37 $ 8,730 $ 104,762
Life Safety Specialist III 75 4 $ 52.89 $ 9,167 $ 110,010
Life Safety Specialist III 75 5 $ 55.54 $ 9,626 $ 115,515
Life Safety Specialist III 75 6 $ 58.31 $ 10,107 $ 121,279
Life Safety Specialist III 75 7 $ 61.23 $ 10,613 $ 127,353
Life Safety Specialist III 75 8 $ 64.28 $ 11,143 $ 133,713
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
'Hired before January 1, 2016
2Hired on/after January 1, 2016
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment
Fire Captain 112 35 1 $ 34.23 $ 8,306 $
Fire Captain 112 35 2 $ 35.94 $ 8,722 $
Fire Captain 112 35 3 $ 37.75 $ 9,160 $
Fire Captain 112 35 4 $ 39.63 $ 9,616 $
Fire Captain 112 35 5 $ 41.61 $ 10,098 $
Fire Captain 112 35 6 $ 43.69 $ 10,601 $
Fire Captain 112 35 7 $ 45.87 $ 11,132 $
Fire Captain 112 35 8 $ 48.17 $ 11,688 $
Fire Captain 80 65 1 $ 47.92 $ 8,306 $
Fire Captain 80 65 2 $ 50.32 $ 8,722 $
Fire Captain 80 65 3 $ 52.85 $ 9,160 $
Fire Captain 80 65 4 $ 55.48 $ 9,616 $
Fire Captain 80 65 5 $ 58.26 $ 10,098 $
Fire Captain 80 65 6 $ 61.13 $ 10,595 $
Fire Captain 80 65 7 $ 64.23 $ 11,133 $
Fire Captain 80 65 8 $ 67.43 $ 11,688 $
Fire Captain, Staff EMS/Training 95 1 $ 51.51 $ 8,929 $
Fire Captain, Staff EMS/Training 95 2 $ 54.09 $ 9,376 $
Fire Captain, Staff EMS/Training 95 3 $ 56.79 $ 9,844 $
Fire Captain, Staff EMS/Training 95 4 $ 59,63 $ 10,337 $
Fire Captain, Staff EMS/Training 95 5 $ 62.62 $ 10,854 $
Fire Captain, Staff EMS/Training 95 6 $ 65.75 $ 11,396 $
Fire Captain, Staff EMS/Training 95 7 $ 69.03 $ 11,966 $
Fire Captain, Staff EMS/Training 95 8 $ 72.49 $ 12,564 $
Fire Engineer 112 15 1 $ 29.16 $ 7,076 $
Fire Engineer 112 15 2 $ 30.62 $ 7,430 $
Fire Engineer 112 15 3 $ 32.14 $ 7,799 $
Fire Engineer 112 15 4 $ 33.75 $ 8,191 $
Fire Engineer 112 15 5 $ 35.44 $ 8,601 $
Fire Engineer 112 15 6 $ 37.21 $ 9,029 $
Fire Engineer 112 15 7 $ 39.07 $ 9,480 $
Fire Engineer 112 15 8 $ 41.02 $ 9,955 $
Fire Engineer 80 15A 1 $ 40.82 $ 7,076 $
Fire Engineer 80 15A 2 $ 42.86 $ 7,430 $
Fire Engineer 80 15A 3 $ 45.00 $ 7,799 $
Fire Engineer 80 15A 4 $ 47.25 $ 8,191 $
Fire Engineer 80 15A 5 $ 49.62 $ 8,601 $
Fire Engineer 80 15A 6 $ 52.32 $ 9,069 $
99,668
104,663
109,918
115,397
121,174
127,213
133,586
140,258
99,675
104,667
109,922
115,392
121,172
127,144
133,593
140,257
107,150
112,508
118,133
124,040
130,242
136,754
143,592
150,771
84,908
89,157
93,592
98,289
103,209
108,352
113,758
119,460
84,908
89,157
93,592
98,289
103,209
108,830
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment
Fire Engineer 80 15A 7 $ 54.69 $ 9,480 $ 113,757
Fire Engineer 80 15A 8 $ 57.43 $ 9,955 $ 119,460
Fire Services Coordinator 01 1 $ 34.00 $ 5,893 $ 70,712
Fire Services Coordinator 01 2 $ 35.69 $ 6,186 $ 74,226
Fire Services Coordinator 01 3 $ 37.48 $ 6,496 $ 77,954
Fire Services Coordinator 01 4 $ 39.36 $ 6,822 $ 81,868
Fire Services Coordinator 01 5 $ 41.33 $ 7,164 $ 85,967
Fire Services Coordinator 01 6 $ 43.40 $ 7,523 $ 90,281
Fire Services Coordinator 01 7 $ 45.58 $ 7,901 $ 94,806
Fire Services Coordinator 01 8 $ 47.86 $ 8,295 $ 99,545
Firefighter 112 05 0 $ 24.71 $ 5,996 $ 71,954
Firefighter 112 05 1 $ 25.95 $ 6,296 $ 75,552
Firefighter 112 05 2 $ 27.24 $ 6,610 $ 79,316
Firefighter 112 05 3 $ 28.61 $ 6,942 $ 83,305
Firefighter 112 05 4 $ 30.03 $ 7,287 $ 87,442
Firefighter 112 05 5 $ 31.54 $ 7,653 $ 91,841
Firefighter 112 05 6 $ 33.11 $ 8,035 $ 96,425
Firefighter 112 05 7 $ 34.76 $ 8,436 $ 101,233
Firefighter 112 05 8 $ 36.51 $ 8,859 $ 106,303
Firefighter 80 06 0 $ 34.60 $ 5,997 $ 71,959
Firefighter 80 06 1 $ 36.33 $ 6,296 $ 75,558
Firefighter 80 06 2 $ 38.13 $ 6,609 $ 79,312
Firefighter 80 06 3 $ 40.05 $ 6,942 $ 83,305
Firefighter 80 06 4 $ 42.03 $ 7,286 $ 87,432
Firefighter 80 06 5 $ 44.16 $ 7,654 $ 91,851
Firefighter 80 06 6 $ 46.36 $ 8,036 $ 96,431
Firefighter 80 06 7 $ 48.66 $ 8,435 $ 101,223
Firefighter 80 06 8 $ 51.11 $ 8,859 $ 106,308
Firefighter Paramedic 1121 25 1 $ 31.77 $ 7,709 $ 92,512
Firefighter Paramedic 1121 25 2 $ 33.36 $ 8,094 $ 97,133
Firefighter Paramedic 1121 25 3 $ 35.02 $ 8,498
$ 101,979
Firefighter Paramedic 1121 25 4 $ 36.77 $ 8,924 $ 107,086
Firefighter Paramedic 1121 25 5 $ 38.60 $ 9,368 $ 112,415
Firefighter Paramedic 1121 25 6 $ 40.54 $ 9,837 $ 118,043
Firefighter Paramedic 1121 25 7 $ 42.57 $ 10,331 $ 123,970
Firefighter Paramedic 1121 25 8 $ 44.70 $ 10,846 $ 130,157
Firefighter Paramedic 1122 27 1 $ 30.42 $ 7,382 $ 88,585
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment
ED.,POSITIONS
Firefighter Paramedic 112` 27 2 $ 31.94 $ 7,751 $
Firefighter Paramedic 1122 27 3 $ 33.54 $ 8,139 $
Firefighter Paramedic 1122 27 4 $ 35.22 $ 8,546 $
Firefighter Paramedic 1122 27 5 $ 36.98 $ 8,973 $
Firefighter Paramedic 1122 27 6 $ 38.83 $ 9,422 $
Firefighter Paramedic 1122 27 7 $ 40.77
$ 9,893 $
Firefighter Paramedic 1122 27 8 $ 42.80 $ 10,387 $
Firefighter Paramedic 801 26 1 $ 44.48 $ 7,709 $
Firefighter Paramedic 801 26 2 $ 46.70 $ 8,094 $
Firefighter Paramedic 801 26 3 $ 49.03 $ 8,498 $
Firefighter Paramedic 801 26 4 $ 51.48
$ 8,924 $
Firefighter Paramedic 801 26 5 $ 54.05 $ 9,368 $
Firefighter Paramedic 801 26 6 $ 56.75 $ 9,837 $
Firefighter Paramedic 801 26 7 $ 59.60 $ 10,331 $
Firefighter Paramedic 801 26 8 $ 62.58 $ 10,846 $
Firefighter Paramedic 802 28 1 $ 42.59 $ 7,383 $
Firefighter Paramedic 802 28 2 $ 44.72 $ 7,752 $
Firefighter Paramedic 802 28 3 $ 46.96 $ 8,139 $
Firefighter Paramedic 802 28 4 $ 49.31 $ 8,546 $
Firefighter Paramedic 802 28 5 $ 51,77 $ 8,974 $
Firefighter Paramedic 802 28 6 $ 54.36 $ 9,422 $
Firefighter Paramedic 802 28 7 $ 57.08 $ 9,893 $
Firefighter Paramedic 802 28 8 $ 59.93 $ 10,388 $
Life Safety Specialist I 02 1 $ 38.89 $ 6,740 $
Life Safety Specialist I 02 2 $ 40.83 $ 7,077 $
Life Safety Specialist I 02 3 $ 42.87 $ 7,430 $
Life Safety Specialist I 02 4 $ 45.02 $ 7,803 $
Life Safety Specialist I 02 5 $ 47.27 $ 8,193 $
Life Safety Specialist I 02 6 $ 49.62 $ 8,602 $
Life Safety Specialist I 02 7 $ 52.11 $ 9,032 $
Life Safety Specialist I 02 8 $ 54.72 $ 9,485 $
Life Safety Specialist 11 47 1 $ 42.79 $ 7,417 $
Life Safety Specialist II 47 2 $ 44.94 $ 7,790 $
Life Safety Specialist II 47 3 $ 47.18 $ 8,178 $
Life Safety Specialist II 47 4 $ 49.54 $ 8,586 $
93,014
97,665
102,548
107,676
113,059
118,713
124,648
92,511
97,133
101,979
107,085
112,415
118,044
123,970
130,157
88,591
93,021
97,672
102,556
107,684
113,068
118,721
124,658
80,882
84,930
89,162
93,635
98,321
103,220
108,384
113,816
89,002
93,475
98,135
103,033
RESENTED POSITIOr
Life Safety Specialist II
Life Safety Specialist II
Life Safety Specialist II
Life Safety Specialist II
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 13, 2024 - 3% Cost -of -Living Adjustment
47 5 $ 52.02 $ 9,017 $ 108,198
47 6 $ 54.62 $ 9,467 $ 113,602
47 7 $ 57.34 $ 9,939 $ 119,274
47 8 $ 60.22 $ 10,439 $ 125,264
75 1 $ 47.05 $ 8,156 $ 97,868
75 2 $ 49.41 $ 8,564 $ 102,767
75 3 $ 51.88 $ 8,992 $ 107,905
75 4 $ 54,48 $ 9,442 $ 113,310
75 5 $ 57.20 $ 9,915 $ 118,981
75 6 $ 60.06 $ 10,410 $ 124,918
75 7 $ 63.06 $ 10,931 $ 131,174
75 8 $ 66.21 $ 11,477 $ 137,724
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
Hired before January 1, 2016
2Hired on/after January 1, 2016
Fire Captain 112
Fire Captain 112
Fire Captain 112
Fire Captain 112
Fire Captain 112
Fire Captain 112
Fire Captain 112
Fire Captain 112
Fire Captain 80
Fire Captain 80
Fire Captain 80
Fire Captain 80
Fire Captain 80
Fire Captain 80
Fire Captain 80
Fire Captain 80
Fire Captain, Staff
Fire Captain, Staff
Fire Captain, Staff
Fire Captain, Staff
Fire Captain, Staff
Fire Captain, Staff
Fire Captain, Staff
Fire Captain, Staff
Fire Engineer 112
Fire Engineer 112
Fire Engineer 112
Fire Engineer 112
Fire Engineer 112
Fire Engineer 112
Fire Engineer 112
Fire Engineer 112
Fire Engineer 80
Fire Engineer 80
Fire Engineer 80
Fire Engineer 80
Fire Engineer 80
Fire Engineer 80
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment
EMS/Training
EMS/Training
EMS/Training
EMS/Training
EMS/Training
EMS/Training
EMS/Training
EMS/Training
35
35
35
35
35
35
35
35
65
65
65
65
65
65
65
65
95
95
95
95
95
95
95
95
15
15
15
15
15
15
15
15
15A
15A
15A
15A
15A
15A
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
2
3
4
5
6
35.25
37.02
38.88
40.82
42.86
45.00
47.25
49.61
49.36
51.83
54.43
57.14
60.00
62.96
66.15
69.45
53.06
55.71
58.50
61.42
64.50
67.72
71.11
74.66
30.03
31.54
33,10
34.77
36.51
38.33
40.24
42.25
42.05
44.15
46.35
48.67
51.11
53.89
8,555 $
8,984 $
9,435 $
9,905 $
10,401 $
10,919 $
11,466 $
12,039 $
8,555 $
8,984 $
9,435 $
9,904 $
10,401 $
10,913 $
11,467 $
12,039 $
9,197 $
9,657 $
10,140 $
10,647 $
11,179 $
11,738 $
12,325 $
12,941 $
7,288 $
7,653 $
8,033 $
8,436 $
8,859 $
9,300 $
9,764 $
10,254 $
7,288 $
7,653 $
8,033 $
8,436 $
8,859 $
9,341 $
102,658
107,803
113,216
118,859
124,809
131,029
137,594
144,466
102,665
107,807
113,220
118,854
124,808
130,958
137,601
144,465
110,365
115,884
121,677
127,761
134,150
140,857
147,900
155,295
87,455
91,832
96,400
101,238
106,305
111,603
117,171
123,044
87,456
91,832
96,400
101,238
106,305
112,095
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment
Fire Engineer 80 15A
Fire Engineer 80 15A
Fire Services Coordinator 01
Fire Services Coordinator 01
Fire Services Coordinator 01
Fire Services Coordinator 01
Fire Services Coordinator 01
Fire Services Coordinator 01
Fire Services Coordinator 01
Fire Services Coordinator 01
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 112 05
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter 80 06
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1121 25
Firefighter Paramedic 1122 27
7
8
1
2
3
4
5
6
7
8
0
1
2
3
4
5
6
7
8
0
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
1
56.33 $
59.16 $
35.02 $
36.76 $
38.60 $
40.54 $
42.57 $
44.71 $
46.95 $
49.29 $
25.45 $
26.72 $
28.05 $
29.47 $
30.93 $
32.48 $
34.11 $
35.81 $
37.60 $
35.63 $
37.42 $
39.27 $
41.25 $
43.30 $
45.48 $
47.75 $
50.12 $
52.64 $
32.72 $
34.36 $
36.07 $
37.88 $
39.76 $
41.75 $
43.85 $
46.04 $
31.33 $
9,764 $
10,254 $
6,069 $
6,371 $
6,691 $
7,027 $
7,379 $
7,749 $
8,138 $
8,544 $
6,176 $
6,485 $
6,808 $
7,150 $
7,505 $
7,883 $
8,276 $
8,689 $
9,124 $
6,177 $
6,485 $
6,808 $
7,150 $
7,505 $
7,884 $
8,277 $
8,688 $
9,125 $
7,941 $
8,337 $
8,753 $
9,192 $
9,649 $
10,132 $
10,641 $
11,172 $
7,604 $
117,170
123,044
72,833
76,453
80,292
84,324
88,546
92,989
97,651
102,532
74,113
77,819
81,696
85,804
90,066
94,596
99,318
104,270
109,492
74,118
77,825
81,691
85,804
90,055
94,607
99,324
104,259
109,497
95,287
100,047
105,038
110,298
115,787
121,585
127,689
134,061
91,242
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment
Firefighter Paramedic 112` 27 2 $ 32.90 $ 7,984 $ 95,805
Firefighter Paramedic 1122 27 3 $ 34.55 $ 8,383 $ 100,595
Firefighter Paramedic 1122 27 4 $ 36.27 $ 8,802 $ 105,625
Firefighter Paramedic 1122 27 5 $ 38.09 $ 9,242 $ 110,906
Firefighter Paramedic 1122 27 6 $ 39.99 $ 9,704 $ 116,451
Firefighter Paramedic 1122 27 7 $ 41.99 $ 10,190 $ 122,274
Firefighter Paramedic 1122 27 8 $ 44.09 $ 10,699 $ 128,387
Firefighter Paramedic 801 26 1 $ 45.81 $ 7,941 $ 95,287
Firefighter Paramedic 801 26 2 $ 48.10 $ 8,337 $ 100,047
Firefighter Paramedic 801 26 3 $ 50.50 $ 8,753 $ 105,038
Firefighter Paramedic 801 26 4 $ 53.03 $ 9,191 $ 110,298
Firefighter Paramedic 801 26 5 $ 55.67 $ 9,649 $ 115,787
Firefighter Paramedic 801 26 6 $ 58.45 $ 10,132 $ 121,585
Firefighter Paramedic 801 26 7 $ 61.39 $ 10,641 $ 127,689
Firefighter Paramedic 801 26 8 $ 64.45 $ 11,172 $ 134,062
Firefighter Paramedic 802 28 1 $ 43.87 $ 7,604 $ 91,249
Firefighter Paramedic 802 28 2 $ 46.06 $ 7,984 $ 95,812
Firefighter Paramedic 802 28 3 $ 48.37 $ 8,384 $ 100,603
Firefighter Paramedic 802 28 4 $ 50.79 $ 8,803 $ 105,633
Firefighter Paramedic 802 28 5 $ 53.32 $ 9,243 $ 110,914
Firefighter Paramedic 802 28 6 $ 55.99 $ 9,705 $ 116,460
Firefighter Paramedic 802 28 7 $ 58.79 $ 10,190 $ 122,283
Firefighter Paramedic 802 28 8 $ 61.73 $ 10,700 $ 128,397
Life Safety Specialist I 02 1 $ 40.05 $ 6,942 $ 83,309
Life Safety Specialist I 02 2 $ 42.06 $ 7,290 $ 87,477
Life Safety Specialist I 02 3 $ 44.15 $ 7,653 $ 91,837
Life Safety Specialist I 02 4 $ 46.37 $ 8,037 $ 96,444
Life Safety Specialist I 02 5 $ 48.69 $ 8,439 $ 101,271
Life Safety Specialist I 02 6 $ 51.11 $ 8,860 $ 106,316
Life Safety Specialist I 02 7 $ 53.67 $ 9,303 $ 111,636
Life Safety Specialist I 02 8 $ 56.36 $ 9,769 $ 117,230
Life Safety Specialist II 47 1 $ 44.07 $ 7,639 $ 91,672
Life Safety Specialist II 47 2 $ 46.29 $ 8,023 $ 96,280
Life Safety Specialist II 47 3 $ 48.60 $ 8,423 $ 101,079
Life Safety Specialist II 47 4 $ 51,02 $ 8,844 $ 106,124
EXHIBIT A
RESOLUTION NO. 2022-
The City of Newport Beach
Firefighters Association Salary Schedule Adjustment
MOU Term: January 1, 2022 - December 31, 2025 (Exhibit A)
Effective January 11, 2025 - 3% Cost -of -Living Adjustment
REPRESENTED POSITIONS
Life Safety Specialist II
Life Safety Specialist II
Life Safety Specialist II
Life Safety Specialist II
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
Life Safety Specialist III
47
47
47
47
75
75
75
75
75
75
75
75
5
6
7
8
1
2
3
4
5
6
7
8
53.58
56.26
59.06
62.03
48.46
50.89
53.43
56.11
58.92
61.86
64.96
68.20
9,287
9,751
10,238
10,752
8,400
8,821
9,262
9,726
10,213
10,722
11,259
11,821
111,444
117,010
122,852
129,022
100,804
105,850
111,142
116,709
122,550
128,665
135,109
141,855
Hourly rates are rounded to the nearest hundredth. Monthly and annual salaries are rounded to the nearest whole dollar.
1Hired before January 1, 2016
2Hired on/after January 1, 2016
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2022 through December 31, 2025
TABLE OF CONTENTS
Page
PREAMBLE 1
SECTION 1 - GENERAL PROVISIONS
Recognition 1
Term of Memorandum 1
Release Time... 2
Scope 3
Bulletin Boards 4
Authority to Deduct Dues 4
Maintenance of Membership 4
Conclusiveness 5
Modifications 5
Savings 5
Impasse 5
Definitions 5
SECTION 2 - COMPENSATION
Salary Adjustments - this MOU Period 6
Salary Differential 6
Firefighter — Special Step Increase 7
Probationary Firefighter Training Step 7
Overtime 7
Required Uniform 8
Scholastic/Certificate Achievement Pay 9
Special Assignment Pay 10
Temporary Upgrading of Employees 11
Y-Rating 13
Shift Holdover 13
Emergency Recall 13
Bilingual Pay 14
Court Standby Pay 14
Longevity Pay 14
One -Time Payment 14
SECTION 3 - LEAVES
Flex Leave 15
Holiday Time 16
Bereavement Leave 18
Catastrophic Leave 18
Jury Duty 18
i
8-9
Worker's Compensation Leave 19
Scheduling of Medical Treatment for Industrial Injuries 19
Reassignment 19
Early Relief 19
SECTION 4 - FRINGE BENEFITS
Insurance 20
Additional Health Insurance/Programs 22
Employee Assistance Program 23
PERS Retirement Benefit 23
Defined Contribution Plan 25
Retiree Medical Benefit 26
Tuition Reimbursement and Training 30
Fitness Program 31
Physical Conditioning Equipment 31
SECTION 5 - MISCELLANEOUS PROVISIONS
Reduction in Force/Layoffs 31
Discipline Plan 34
Fire Suppression Equipment Staffing Levels 34
EMT Certification 34
No Smoking 35
Life Safety Services Classifications 35
Exposure Log 35
Grievance Procedure 35
48/96 Schedule 35
Consecutive Shifts 35
Requirement to Live Within 150 Miles of City Limits 36
EXHIBIT A — Represented Classifications and Pay Rates 38
ii
8-10
PREAMBLE
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 of employees in the unit
of representation NBFA is recognized to represent (unit members).
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 the classifications of:
Safety Classifications:
Fire Captain
Fire Engineer
Firefighter Paramedic
Firefighter
Non -Safety
Classifications:
Fire Services Coordinator
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
B. Term
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2022. This MOU shall remain in full
force and effect until December 31, 2025, 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.
1 NBFA MOU 2022-2025
8-11
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
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a Attendance at off -site meetings, conferences, seminars or
workshops related to matters within the scope of representation.
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
c. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in subsection
C(1 )(c)(ii) above.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a) and 1(b). 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.
3. City grants Unit members the right to engage in the activities described
in subsection 1(c) 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. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours. 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.
2 NBFA M O U 2022-2025
8-12
a The NBFA President shall be entitled to a maximum of 200 hours
per calendar year for appropriate association related business,
excluding time required for the meet and confer process. The
NBFA President shall, at his/her discretion, allocate Release
Time to NBFA Board members or other designates, to a
maximum of 150 hours per year per individual. In the event the
200 hours for the President or 150 hours for other NBFA
designates are insufficient, the President may submit a request
to the Assistant City Manager or designee, with justification, that
additional hours be granted. In no event shall the Association be
granted more than a total of 400 hours per year for all designates.
5. In addition to City —provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit members may voluntarily 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.
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" shall be defined as
accrued flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
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.
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
3 NBFA M O U 2022-2025
8-13
authorities ("Management Rights") as set forth in Resolution No. 2001-
50.
E. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to NBFA business, meetings, or events. All materials posted on bulletin
boards by the NBFA shall indicate that the NBFA posted them. Material
posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or
retaliation on the basis of any protected class under the law or other
statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E—Mail)
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on
the basis of 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. Authority to Deduct Dues from Members' Paychecks
The City will deduct dues from members of the Association and will remit it to
the Association. It is the Association's responsibility to inform the City's Human
Resources Director as to which members of the bargaining unit are members
of the Association. The Association shall inform the Human Resources Director
in writing of any changes in the membership status of any Association
members.
G. Maintenance of Membership
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 deductions made by
the City during the term of this Agreement, provided that any employee in the
Unit may terminate Association membership by submitting to the Association
a signed request to cancel payroll dues deduction. If that occurs, the
Association will advise the Human Resources Director to cancel payroll dues
deduction to the Association for such employee. Pursuant to Government
Code section 1157.12(b), the Association shall indemnify the City and hold it
harmless against any and all suits, claims, demands and liabilities by any unit
member in reliance upon information provided by the Association respecting
requests to cancel or change payroll deductions for such employee.
4 NBFA MOU 2022-2025
8-14
H. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the term of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
Modifications
Any agreement, alteration, understanding, variation, or waiver or modification
of any of the terms or provisions of this MOU shall not be binding upon the
parties unless contained in a written document executed by authorized
representatives of the parties.
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 Unit 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.
L. Definitions
For the purposes of this MOU, these terms shall have the following meanings:
1. The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is assigned
to work an average 40-hour workweek.
3. The term "line employee" shall mean any unit 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
5 NBFA M O U 2022-2025
8-15
Fire Departments" shall mean all City operated Fire Departments and
the Orange County Fire Authority.
SECTION 2 — COMPENSATION
A. Salary Adjustments — this MOU Period
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the pay period following January 1, 2022, there shall be a base
salary increase of two percent (2%) for all represented classifications.
Individuals must be employed by the City on the first day of the pay
period following City Council adoption to qualify for retroactive payment
of the COLA.
2. Effective the pay period following January 1, 2023, there shall be a
base salary increase of two percent (2%) for all represented
classifications.
3. Effective the pay period following January 1, 2024, there shall be a
base salary increase of two percent (2%) for all represented
classifications.
4. Effective the pay period following January 1, 2025, there shall be a
base salary increase of two percent (2%) for all represented
classifications.
B. Salary Differential
1. The adjustments to salary and total compensation described in this
Section shall maintain the salary differentials between the classification
of Firefighter, the benchmark classification and the other safety
classifications represented by NBFA, as set forth below, to maintain an
appropriate internal relationship. Subject to the foregoing, the salaries
specified below or total compensation, as appropriate, shall be subject to
the following minimum salary differentials between classifications:
Fire Classification Series
Variance
Firefighter
N/A
Fire Engineer
12.50%
Firefighter Paramedic, hired on/after 1-1-
2016
17.25%
Firefighter Paramedic, hired before 1-1-2016
22.25%
Fire Captain
32.00%
Training Fire Captain
39.50%
6
NBFA MOU 2022-2025
8-16
2. The Training Fire Captain shall be assigned to routinely and consistently
train employees. Training Fire Captains shall receive an additional 7.5%
of base pay over Line Fire Captains. Assignment as a Training Fire
Captain is for a maximum of two years unless extended by the Fire
Chief.
C. Firefighter- 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.
D. Probationary Firefighter Training Step
Probationary Firefighters will be placed at the Training Step (Step "1T") upon
initial appointment. Upon completion of the NB Fire Recruit Academy,
employees will be eligible to advance to Firefighter Step 1. Probationary
employees will be eligible for advancement to Step 2 following 12 months from
date of initial appointment and upon documented successful performance.
The probationary period for a new Firefighter hired after January 8, 2019 is 12
months.
E. Overtime
1. FLSA Overtime shall consist of authorized hours actually worked in
excess of 91 hours in a 12-day work period as previously established by
the City and as permitted by the United States Department of Labor
regulations pursuant to the FLSA 7(k) exemption. Use of Flex 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 one -and -one-half times the employee's regular rate of
pay. Use of Flex Leave shall be considered as hours worked for the
purposes of determining eligibility for Contract Overtime pay. Leave
Without Pay shall not be considered as hours worked for determining
Contract Overtime eligibility. Contract Overtime shall be calculated
based on the employee's regular rate of pay, less 7%.
The rate at which Contract Overtime is calculated shall not include the
City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance,
or any cash back an employee may receive from the Cafeteria Plan
Allowance by choosing benefits which cost less than the Allowance.
2. Temporary vacancies in line positions shall be selected in accordance
with the Department's Standard Operating Procedures.
7 N B FA M O U 2022-2025
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3. Qualified employees who volunteer to work overtime in a lower
classification than their current position (downgrade) may do so and
shall be compensated at one and one-half times the highest hourly rate
for the downgraded 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 members who
downgrade to the position of Firefighter, Fire Engineer or Firefighter
Paramedic.
4. Employees assigned to staff assignments may request compensatory
time off (CTO) 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 the Department's consideration
of the impact of said CTO use on overtime liability and other efficiency
requirements of the Department.
F. Required Uniform
The 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,
uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirts,
and baseball caps. The City shall not be responsible for providing employees
with socks, underwear, or workout shoes, or other clothing.
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 personalturnout
equipment that cannot be placed in service because they are wet,
contaminated, or aged.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance of $1,519 annually for each employee as
special compensation in accordance with Title 2, California Code of
Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for
"new members" as defined by the Public Employees' Pension Reform Act of
2013, the uniform allowance will not be reported as pensionable compensation
to CaIPERS.
The parties agree the reported value of uniforms is intended to reflect clothing
such as pants, shirts, jackets, and related attire and excludes health and safety
related equipment, i.e., safety boots and turnout gear.
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G. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
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 unit member to apply for Scholastic and/or Certificate
Achievement Pay. Approval of the unit 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.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon number of units and/or degrees received
by the employee. Unit members hired on and after May 22, 2012 shall be
ineligible for any scholastic pay based upon having obtained units only.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. 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. Unit members shall receive scholastic and/or certificate
achievement pay in accordance with the following:
1. Scholastic Pay
College % of Actual Step in
Semester/Unit: Job Class Range:
30 1.5%/month
60 2.5%/month
90 3.5%/month
90 3.5%/month
120 4.5%/month
A.A./A.S. 3.5%/month
B.A./B.S. 5.5%/month
2. Certificate Achievement Pay
Certificate achievement pay is contingent upon employee's satisfactory
completion of the initial probationary period with the Newport Beach Fire
Department and completion of the required coursework for Company
Officer (formerly known as Fire Officer) or Fire Inspector II (formerly
known as Fire Prevention Specialist) certification as outlined below, and
the opening of the associated State Fire Training task book. Company
Officer also requires completion of the NBFD (internal) Captain's task
book. Proof of course completion must accompany this application and
be in the form of one of the following:
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1. A certificate from the Office of the State Fire Marshal.
2. A letter from the Office of the State Fire Marshal certifying the
employee has completed the course(s).
3. Transcripts from an accredited college, university or entity, or
certificates indicating the employee has been credited for course
completion.
NBFA members shall receive 3.0 % of base pay for either Company
Officer or Fire Inspector II course completion, opening of the associated
State Fire Training task book, and completion of NBFD (internal)
Captain's task book (Company Officer only).
The parties agree to the extent permitted by law, certificate and
scholastic pay are special compensation and shall be reported to
CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(2) and
571.1(b)(2) Educational Pay.
H. Special Assignment Pay
The following additional payments shall be made to certain Unit 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.
Employees who enter the above assignments on or after January 1,
2022 will be assigned for three years, after which they will rotate out of
their assignment if qualified replacements have been selected through
an informal interview process. The Fire Chief shall have the option to
extend the assignment for one three year extension. Removal from any
of these special assignments at the end of the prescribed term shall not
trigger any right of appeal.
The parties agree that to the extent permitted by law, Shift Fire
Investigator Pay is special compensation and shall be reported to
CaIPERS as Fire Investigator Premium pursuant to Title 2 CCR,
Section 571(a)(4) and 571.1(b)(3).
10 NBFA MOU 2022-2025
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*Subject to modification by the department.
2. 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
(which will vary based on the needs of the Department as determined
by the Fire Chief) 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.
I. Temporary Upgrading of Employees
1. 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 shall meet the minimum
requirements for the position to which they are moved up to.
Assignments to a move -up position shall be made by a Battalion Chief,
Assistant Chief or Fire Chief. Move -up assignments shall be deemed
"Acting Appointments" after an employee has worked six (6)
consecutive move -up shifts.
If the employee is moved -up for five (5) hours or more, the move -up
compensation (for time actually working in the moved -up assignment)
shall be computed as follows:
Firefighter to Engineer
Firefighter (hired prior to January 1, 2016)
to Firefighter Paramedic
Firefighter (hired on or after January 1, 2016)
to Firefighter Paramedic
+17.25%
Firefighter to Captain
Engineer (hired prior to January 1, 2016)
to Firefighter Paramedic
Engineer to Captain
Firefighter Paramedic to Captain
Captain to Battalion Chief
Regular rate +5%
Regular rate +22.25%
Regular Rate
Regular rate +5%
Regular rate +9.75%
Regular rate +5%
Regular rate +5%
Regular rate +5%
If an employee is moved up and is using leave, the leave time shall be
paid at the employee's regular rate of pay in the rank from which he/she
was moved up. Time accumulated working in a move up position shall -
not be applied towards the probationary period or count as "time in rank"
11 NBFA MOU 2022-2025
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for the purpose of seniority.
The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
Firefighter Paramedic
Fire Engineer
Assignments to a 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.
The parties agree that to the extent permitted by law, and in accordance
with Government Code §20480 Out -of -Class Appointment Limitations,
the City shall report to the California Public Employees' Retirement
System (CaIPERS) move up pay as Premium Pay pursuant to Title 2
CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members"
as defined by the Public Employees' Pension Reform Act of 2013, move
up pay will not be reported as pensionable compensation to
CaIPERS. The employee must be performing 100% of the duties in the
higher classification for temporary upgrade pay to be reportable.
2. Acting Appointments
Employees formally assigned as an Acting Appointment to perform
100% of the duties in the higher classification for more than six (6)
consecutive shifts shall be compensated beginning the first shift in the
salary range of their acting classification at a rate that is at least five
percent (5%) higher than their current rate. All acting appointees must
satisfy the minimum requirements for the position to which they are
appointed. Flex leave used while working in an acting capacity 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 by the Fire Chief and shall be limited
to ninety (90) calendar days in any 12 month period unless extended to
a maximum of an additional ninety (90) calendar days on written
recommendation by the Department Director and approval by the City
Manager.
12 NBFA MOU 2022-2025
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The parties agree that to the extent permitted by law, and in accordance
with Government Code §20480 Out -of -Class Appointment Limitations,
the City shall report to the California Public Employees' Retirement
System (Ca1PERS) acting pay as Premium Pay pursuant to Title 2 CCR
Section 571(a)(3) Temporary Upgrade Pay. For "new members" as
defined by the Public Employees' Pension Reform Act of 2013, acting
pay will not be reported as pensionable compensation to CaIPERS. The
employee must be performing 100% of the duties in the higher
classification for temporary upgrade pay to be reportable.
3. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five percent
(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.
The parties agree that to the extent permitted by law, Tiller Pay is
special compensation and shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special
Assignment Pay.
J. 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.
K. Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the appropriate rate for each hour, or portion thereof, the
employee worked beyond the end of the shift.
L. 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 Fire Chief, the employee shall receive a
minimum of four (4) hours compensation at the appropriate rate. If an
employee works less than (4) hours, he/she will receive four hours of
13 NBFA MOU 2022-2025
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compensation at the appropriate rate. If an employee works for four (4) hours
or more, he/she will receive compensation for the time worked at the
appropriate rate.
M. 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.
The parties agree that to the extent permitted by law, the Bilingual pay in this
section is special compensation and shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium.
N. Court Standby Pay
Unit 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. Unit members shall, when required to appear in court
pursuant to a Subpoena or the direction of their supervisor to testify as 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.
O. Longevity Pay
Years of Service
16 but less than
20 but less than
25 and over
Longevity Pay
1.5%
2.5%
3.5%
The parties agree that to the extent permitted by law, Longevity Pay is special
compensation and shall be reported to CaIPERS as such pursuant to Title 2
CCR, Section 571(a)(1) and 571.1(b)(1).
P. One-time Payment
All Bargaining Unit Employees in paid status for the entirety of (1) the pay period
including January 1, 2022 or (2) the pay period following City Council adoption
14 NBFA MOU 2022-2025
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of the MOU, whichever is later, will receive a signing bonus of $2000. The
Parties intend and understand that this lump sum payment is non -pensionable
and will not be reported to Ca1PERS. The parties also agree that this payment
is intended to be specific to the pay period in which it is paid and is to be
considered part of the regular rate for this pay period only.
SECTION 3 - LEAVES
A. Flex Leave
1. Unit members shall accrue flex leave as follows as set forth in the chart
below. The amounts that are listed in the column entitled "Maximum
Accrual" include both the maximum accrual of flex leave (52 pay periods
worth of flex leave) and also include the amount of holiday time which the
parties have agreed that employees may accrue per Section 3C (Holiday
Time).
Leave Accrual
Years of Srvc Hrs/Pay Period
Line Employees*:
1 but less than 5
5 but less than 9
9 but less than 12
12 and over
9.77
10.69
11.62
12.54
Staff and Non -Safety Employees:
1 but less than 5
5 but less than 9
9 but less than 12
12 and over
6.97
7.63
8.33
8.95
Maximum Accrual
796.12
843.96
892.32
940.16
568.36
602.68
639.08
671.32
2. The Flex leave program shall be administered as follows:
a Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from illness.
In the event the City advances paid leave time and the employee
is terminated or resigns before completing three months of
continuous employment, the member's final check shall be
reduced by an amount equal to the number of Flex leave hours
advanced multiplied by the member's hourly rate of pay.
15 N B FA M O U 2022-2025
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Unit members shall accrue three months of flex leave (as
provided in the charts in paragraph Al above) immediately upon
completion of three (3) months continuous employment with the
Newport Beach Fire Department, provided however, this amount
shall be reduced by any flex leave time advanced during the first
three months of employment.
b. Members employed by the City prior to initiation of the Flex leave
program have had the current accrued vacation time converted
to Flex leave on an hour for hour basis.
o Earned Flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay. Unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
leave benefits because of an industrial disability, hardship or
extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued. Flex
leave may be taken in four (4) hour increments.
e. 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 separation from employment.
B. Holiday Time
1. Line Employees
The provisions of this subsection shall apply only to Unit 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.
Unit 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 Account on a bi—weekly basis.
The parties agree, to the extent permitted by law, the compensation in
this section is special compensation for those employees who are
normally required to work on an approved holiday because they work in
positions that require scheduled staffing without regard to holidays and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5)
and 571.1(b)(4) Holiday Pay.
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
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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.
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 in lieu of cash payment.
2. Staff Employees
The holiday benefit for staff employees shall be as follows:
Staff employees shall accrue 3.96 hours of holiday leave per pay period
(102.96 hours per year). This holiday leave is to provide leave for
employees for the following twelve (12) 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, one—half day on New Year's Eve
and one floating holiday.
The holiday leave accrued will be added to employees' flex leave banks.
The maximum accrual of flex leave set forth in in Section 3A1 above
includes 205.92 hours which is two years (52 pay periods) of holiday
leave.
Even though the holiday leave is added to employees' flex leave banks,
staff employees may be required to take specified City holidays off at
the sole discretion of the Fire Chief. If that occurs, time will be charged
against the employee's Flex leave bank.
Notwithstanding the holiday leave benefit provided above, newly hired
non -safety staff employees shall have the one-time option (at the time
of hire) to accrue holiday time as pay. If that occurs, such an employee's
flex leave maximum accrual (addressed in Section 3A1 above) will be
reduced by 205.92 hours which is two years (52 pay periods) of holiday
leave.
If holiday time is provided as pay (if, that election as made as provided
above) it shall not be reported to CaIPERS as special compensation per
California Code of Regulations 571(a)(5) because these employees do
not work in positions that require scheduled staffing without regard to
holidays.
17 N B FA M O U 2022-2025
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3. Holiday Time Election
Following adoption of the 2015-18 MOU, all then current unit members
were provided another one-time opportunity to change all or a portion
of their future annual holiday benefits to pay or time off. The City
provided a 28-day window (2 pay periods) for employees to make the
new election. Once selected, the election became uniform from year to
year. All other elements of the election were as provided in D(1) and D(2)
above.
C. Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
an employee because of a death or terminal illness in his/her immediate family.
Staff 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 (terminal illness followed
by death is considered one incident). Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence and within
six months. Bereavement leave shall be administered in accordance with the
provisions of the Employee Policy Manual. For the purpose of this section
immediate family shall mean an employee's father, mother, stepfather,
stepmother, brother, sister, spouse/domestic partner, child, stepchild and
grandparents, and the employee's spouse/domestic partner's mother, father,
brother, sister, child and grandparent. An employee requesting bereavement
leave shall notify his/her supervisor as soon as possible of the need to take
leave.
D. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program in the
City of Newport Beach Administrative Procedure.
E. Jury Duty
Employees who are summoned to perform jury service shall be entitled to their
regular compensation while serving; provided the fees, except mileage and
subsistence allowance, if any, which they receive as jurors, are remitted to the
City.
Employees shall notify their supervisor immediately regarding the possible
dates they will miss. Employees shall confirm whether or not they are required
to report the night prior to their jury service and then notify the on -duty Battalion
Chief by 1800 hours. Employees shall repeat this process if service is delayed
until they are released form service. Employees shall provide proof of jury
service signed by the jury clerk and submit it to their supervisor upon return to
work or at the end of each week of service. An employee who is released by
the court from jury duty on any regularly scheduled workday shall contact their
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supervisor to find out when they are required to return to work.
F. Worker's Compensation Leave
The City will comply with the provisions of Labor Code section 4850 for
workers' compensation claims.
G. 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.
H. Reassignment
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall automatically convert
the Flex Leave, Bereavement Leave and other benefits from the position
previously held to the newly assigned position provided, 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 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.
I. Early Relief
The parties acknowledge Department of Labor regulation, 29 CFR section
553.225 that provides:
"It is a common practice among employees engaged in fire protection activities
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8-29
to relieve employees on the previous shift prior to (between the hours of 0600
and 0800) the scheduled starting time. Such early relief time may occur
pursuant to employee agreement, either expressed or implied. This practice
will not have the effect of increasing the number of compensable hours of work
for employees employed under section 7(k) where it is voluntary on the part of
the employees and does not result, over a period of time, in their failure to
receive proper compensation for all hours actually worked. On the other hand,
if the practice is required by the employer, the time involved must be added to
the employee's tour of duty and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require
it. The Association agrees that it will advise the Human Resources Director in
writing if at any time in the future it learns or believes that the City is requiring
early relief. If that occurs, early relief will immediately end.
SECTION 4 — FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed
of one representative from each employee association group and upto
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 recognized employee organization 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.
Employees shall be allowed to change coverages in accordance with
plan rules and during regular open enrollment periods.
The City's monthly contribution towards the Cafeteria Plan is $1,824.00
(plus the minimum CaIPERS participating employee's contribution).
Unit members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage
20 NBFA MOU 2022-2025
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and execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage on an
annual basis.
Unit members whose actual start date occurs prior to January 1, 2022
and who elect to opt out of medical coverage offered by the City because
they have proof of minimum essential coverage ("MEC') through another
source (other than coverage in the individual market, whether or not
obtained through Covered California) will receive $1,000.00 per month in
taxable cash paid bi-weekly. For these same employees, if they elect
medical coverage and spend less than the City contribution provided
above, those unused cafeteria plan funds shall be paid to the employee
as taxable cash.
Newly appointed unit members whose actual start date occurs on or after
January 1, 2022 and who elect to opt out of medical coverage offered by
the City because they have provided proof of MEC through another
source (other than coverage in the individual market, whether or not
obtained through Covered California) shall receive $500.00 per month
paid bi-weekly in taxable cash. For these same employees, if they elect
medical coverage and spend less than the City contribution provided
above, there shall be no cash back provided.
The preceding language as applied to the following scenarios:
1. Part-time employee hired by the City prior to Janaury 1, 2022 but not
appointed as a full-time employee into the NBFA until on or after January
1, 2022 — this employee is subject to the $500 opt -out amount and does
not receive cash back if the medical coverage elected is less than the
City contribution.
2. Full-time employee hired by the City prior to January 1, 2022 who
later drops down to part-time and then is reappointed to the unit as a full-
time employee — this employee is subject to the $500 opt -out amount and
does not receive cash back if the medical coverage elected is less than
the City contribution.
3. Full-time employee hired by the City prior to January 1, 2022 who
later transfers into the unit from another full-time unit — if the employee
was not subject to the $500 opt -out amount and/or no cash back in the
unit from which they are transferring, they will receive the benefit of
$1,000 opt -out and/or cash back if the medical coverage elected is less
than the City contribution.
If, prior to December 31, 2025, a court of competent jurisdiction or formal
legal opinion determines that the City's cafeteria benefit plan is a bona
fide plan such that the City's contributions towards medical premiums
will not be included in the employee's regular rate of pay under the Fair
Labor Standards Act, the City will increase the monthly contribution
21 NBFA MOU 2022-2025
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towards the Cafeteria Plan by a total of $200 over the remaining term of
the agreement. The $200 will be prorated annually over the remaining
term of the agreement (full years only), beginning with the first day of
the pay period of the month following the day it becomes bona fide and
paid bi-weekly. Examples: If the cafeteria benefit plan becomes bona
fide during December of 2023, the City will increase the monthly
contribution by $100 per month in January of 2024 (Year 3) and by $100
per month in January of 2025 (Year 4). If the cafeteria benefit plan
becomes bona fide in March of 2022, the $200 will be spread evenly
over the remaining three years of the agreement, or at $67 per month
beginning in April of 2022 and continuing through the end of 2023 (Year
2), another $67 per month in Year 3 and another $67 per month in Year
4.
If the City's cafeteria benefit plan is not determined to be a bona fide
plan as outlined above by a court of competent jurisdiction or formal
legal opinion prior to December 31, 2025, this paragraph will become
ineffective and the City's obligation to increase the cafeteria contribution
by $200 will cease on December 31, 2025.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
Vision Insurance
The existing or a comparable vision plan shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of
the Internal Revenue Code, pursuant to which an Association member
may request that medical, child care and other eligible expenses be paid
or reimbursed by the City out of the employee's account. The base
salary of the employee will be reduced by the amount designated by the
employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)disability
22 NBFA MOU 2022-2025
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insurance to all regular full-time employees with the following
provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Effective January 1, 2022 the City will no longer require unit members
to pay one percent (1 %) of base salary as a pre-tax deduction for this
benefit.
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.
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.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may access
the EAP subject to provider guidelines.
D. PERS Retirement Benefit
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits
as follows:
Tier I ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall be
3%@50 and the retirement formula for non -safety members shall be
2.5%@ 55, calculated on the basis of the highest consecutive 12 month
23 NBFA MOU 2022-2025
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period selected by the employee.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to
meet for the purpose of renegotiating employee retirement contributions
or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special pays,
and other pays normally reported as pensionable compensation or
compensation earnable, and will be made on a pre-tax basis through
payroll deduction, to the extent allowable by the Internal Revenue Code.
a. Safety
Tiers I and II:
All members in Tier I and II shall contribute the full statutory
member contribution equal to 9% of compensation earnable plus
an additional 4.5% of compensation earnable of the Employer rate
for a total contribution of 13.5% of compensation earnable.
Tier III:
The normal member contribution rate for Tier III members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations.
All Tier III unit members will contribute the full statutory member
contribution. If that rate is less than 13.5% of pensionable
compensation these employees will contribute an additional
24 N B FA M O U 2022-2025
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percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 13.5% of pensionable
compensation.
b. Non -Safety
Tier I:
Tier I employees shall contribute eight percent (8%) of
pensionable compensation for the CalPERS member
contribution, an additional 2.42% of compensation earnable as
cost sharing pursuant to Government Code section 20516(a) and
an additional 2.58% of compensation earnable as cost sharing
pursuant to Government Code §20516(f). Employees shall
contribute a total of 13.0% of compensation earnable for
retirement contributions.
Tier II:
Tiers II unit members shall contribute a total employee
contribution of 13.0% of compensation earnable - seven percent
(7%) member contribution and six percent (6%) as cost sharing
per Government Code section 20516(f).
Tier III
Tier III unit members will contribute the rate established by
CalPERS as half the normal cost. In addition, these members will
contribute the difference between half the normal cost and 13.0%
as cost sharing per Government Code section 20516(f) to achieve
a total contribution of 13.0% of pensionable compensation.
c. The City's contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II
and III). Such employees are eligible to participate in a Defined Contribution
plan (Plan), administered by the City or its designee in accordance with said
25 NBFA MOU 2022-2025
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regulatory agency regulations and laws. The Plan shall continue to 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 PERS 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.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured differently
for each of the categories. The categories are as follows:
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) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan,
i.e.: MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
26 NBFA MOU 2022-2025
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accumulate contributions to be used for health care expenses after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all employees
it represents, subject to the following constraints. All employees within
the Association must participate at the same level, except that Safety
members and Non -safety members within an Association may have
different levels. The participation level should be specified as a
percentage of the leave balance on hand in each employee's leave bank
at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
tax basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that Safety members and Non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term, trend
type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a group
of imminent retirees.
Nothing in this section restricts taking leave for time off purposes.
27 NBFA MOU 2022-2025
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Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves the
City prior to five years employment, only the Part A contributions and
Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part B
contributions. The exception to this is a full-time employee, participating
in the program, who leaves the City due to industrial disability during the
first five years of employment. In such cases, the employee will receive
exactly five years' worth of Part B contributions, using the employee's
age and compensation at the time of separation for calculation
purposes. This amount will be deposited into the employee's RHS
account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution (i.e., the CaIPERS statutory minimum amount) towards
medical insurance after retirement. The parties also agree that, for
28 NBFA MOU 2022-2025
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retirees selecting a CaIPERS medical plan, or any other plan with a
similar employer contribution requirement, the required City contribution
will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There is
no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years
(180 months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
29 NBFA MOU 2022-2025
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taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
G. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
1. College Courses
Unit members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees or other student
expenses for approved job —related courses. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade "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
Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
2. Non -College Courses
Unit members attending job -related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one
hundred percent (100%) of the actual cost of tuition, parking fees, travel
and lodging expenses. Unit members who must stay in lodging to attend
such classes, courses or seminars because of their location are
required to seek single occupancy governmental rates (at GSA rates)
when booking lodging for the class, course or seminar. Reimbursement
for more than single occupancy governmental rates will be provided
only if such rates are not available and if approved by the Fire Chief.
Job -related courses, 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
30 NBFA MOU 2022-2025
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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 — Workers' 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.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
I. Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $25,000 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness equipment.
All purchases need to be approved by the Fire Chief. Up to $10,000
may be carried over to a 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 unit 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
31 NBFA MOU 2022-2025
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within a particular Classification or Series and this Section should be
interpreted accordingly.
1. Definitions
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 regular status, subject to the
following:
i. Credit shall be given only for continuous service
subsequent to the most recent appointment to regular
status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave,
military leave and leave of absence with pay, but shall not
include time spent on any other authorized or
unauthorized leave of absence.
iii. For purposes of determining layoffs within the
Classification of Firefighter, seniority shall mean the time
an employee has worked within the Series from Firefighter
to Captain.
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. In this bargaining
unit the following are the Series which exist: 1) Firefighter, Fire
Engineer, Firefighter/Paramedic and Fire Captain; 2) Life Safety
Specialist I, Life Safety Specialist II and Life Safety Specialist III;
and 3) Fire Facilities Coordinator.
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
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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. 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 the Series within the bargaining unit, provided,
however, that the determination of the employee to be terminated
from the position of Firefighter shall be based on seniority within the
Series. An employee who has Bumping Rights shall notify the
Department Director within seven (7) working days after notice of
layoff of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall
be laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to 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).
4. Re —Employment
Regular 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
33 NBFA MOU 2022-2025
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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
Regular employees who are laid off shall, as of the date of lay—off,
receive one -week severance pay for each year of continuous service
with the City of Newport Beach, but in no case, to exceed ten (10) weeks
of severance compensation.
B. 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 three
(3) fire suppression personnel on one truck company and four (4) fire
suppression personnel on the second truck company. The Fire Chief or
designee shall have the discretion to add a fourth fire suppression personnel
to the truck company staffed with three fire suppression personnel on a regular
or overtime, i.e., "backfill" basis, based on operational needs, for a minimum
12 hour period. However, nothing contained herein shall be construed as
altering the existing 24-hour shift for fire suppression employees.
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.
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E. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any tobacco
products (including vaping and e-cigarettes) 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.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off -duty
shall not be considered a violation of this section.
F Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications shall
remain in effect for the term of this agreement.
G. Exposure Log
The City maintains an exposure log system.
H. Grievance Procedure
Except as described herein, unit employees and the Association 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 which shall be subject to the right
of the employee and/or the Association to seek judicial review per Code of Civil
Procedure section 1094.5.
The Grievance Procedure is the sole and exclusive method by which an
employee or the Association may challenge a provision of this MOU.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule.
J Consecutive Shifts
Except for employees assigned to "strike teams" unit members are limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24-hour shift. A maximum of two (2)
additional consecutive shifts may be permitted with mutual agreement between
the employee and the Battalion Chief unless there are operational needs. In
which case, the Department may extend the number of consecutive shifts which
will be worked by employees.
35 NBFA MOU 2022-2025
8-45
K. Requirement to Live Within 150 Miles of City Limits
Unit members hired after January 1, 2019 are required to live within 150 miles
of the City limits.
Signatures are on the next page.
36 NBFA MOU 2022-2025
8-46
Executed this fS day of %)rre. 14 be ✓ , 2021.
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
ATTEST:
By: E.--p..,01-/V4-
Leilani Brown, City Clerk
Attachment:
By: v e
Bobb 'Salerno, NBFA President
CITY OF NEWPORT BEACH
By:
APPROVED AS TO FORM
B
Charles Sakai, Special Counsel
EXHIBIT A - NBFA R= + "ed Classifications and Pay Rates
37 NBFA MOU 2022-2025
EXHIBIT A
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 15, 2022
2.0% Adjustment
REPRESENTED CLASSIFICATIONS
HOURLY PAY RATE MONTHLY PAY RATE
MIN MAX MIN MAX
SWORN
FIREFIGHTER 112 HOURS
FIREFIGHTER 80 HOURS
FIREFIGHTER PARAMEDIC 112
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
FIRE ENGINEER 80 HOURS
FIRE CAPTAIN 112
FIRE CAPTAIN 80
FIRE CAPTAIN 80, TRAINING
NON -SWORN
FIRE SERVICES COORDINATOR
LIFE SAFETY SPECIALIST I
LIFE SAFETY SPECIALIST II
LIFE SAFETY SPECIALIST III
$23.29 $34.41
$32.61 $48.18
$29.95 $42.13
$41.92 $58.98
$28.67 $40.35
$40.15 $56.49
$27.48 $38.67
$38.48 $54.14
$32.26 $45.40
$45.17 $63.56
$48.56 $68.33
$32.04 $45.11
$36.65 $51.58
$40.33 $56.77
$44.35 $62.41
$5,652 $8,350
$5,652 $8,350
$7,267 $10,224
$7,267 $10,224
$6,958 $9,791
$6,959 $9,792
$6,669 $9,384
$6,670 $9,384
$7,829 $11,017
$7,829 $11,017
$8,417 $11,843
$5,554 $7,819
$6,353 $8,940
$6,991 $9,839
$7,688 $10,818
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
38
NBFA MOU 2022-2025
8-49
EXHIBIT A
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 14, 2023
2.0% Adjustment
REPRESENTED CLASSIFICATIONS
HOURLY PAY RATE MONTHLY PAY RATE
MIN MAX MIN MAX
SWORN
FIREFIGHTER 112 HOURS
FIREFIGHTER 80 HOURS
FIREFIGHTER PARAMEDIC 112
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
FIRE ENGINEER 80 HOURS
FIRE CAPTAIN 112
FIRE CAPTAIN 80
FIRE CAPTAIN 80, TRAINING
NON -SWORN
FIRE SERVICES COORDINATOR
LIFE SAFETY SPECIALIST I
LIFE SAFETY SPECIALIST II
LIFE SAFETY SPECIALIST III
$23.76 $35.10
$33.26 $49.14
$30.54 $42.97
$42.76 $60.16
$29.25 $41.15
$40.95 $57.62
$28.03 $39.44
$39.25 $55.22
$32.91 $46.31
$46.07 $64.83
$49.53 $69.69
$32.69 $46.01
$37.39 $52.61
$41.14 $57.90
$45.24 $63.66
$5,765 $8,517
$5,765 $8,517
$7,412 $10,428
$7,412 $10,428
$7,097 $9,987
$7,098 $9,988
$6,803 $9,571
$6,803 $9,571
$7,985 $11,238
$7,986 $11,237
$8,585 $12,080
$5,665 $7,976
$6,480 $9,119
$7,131 $10,036
$7,841 $11,035
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
39
NBFA MOU 2022-2025
8-50
EXHIBIT A
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 13, 2024
2.0% Adjustment
REPRESENTED CLASSIFICATIONS
HOURLY PAY RATE MONTHLY PAY RATE
MIN MAX MIN MAX
SWORN
FIREFIGHTER 112 HOURS
FIREFIGHTER 80 HOURS
FIREFIGHTER PARAMEDIC 112
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
FIRE ENGINEER 80 HOURS
FIRE CAPTAIN 112
FIRE CAPTAIN 80
FIRE CAPTAIN 80, TRAINING
NON -SWORN
FIRE SERVICES COORDINATOR
LIFE SAFETY SPECIALIST I
LIFE SAFETY SPECIALIST II
LIFE SAFETY SPECIALIST III
$24.23 $35.80
$33.93 $50.12
$31.16 $43.83
$43.62 $61.37
$29.83 $41.98
$41.77 $58.77
$28.59 $40.23
$40.03 $56.32
$33.57 $47.23
$46.99 $66.13
$50.52 $71.09
$33.34 $46.93
$38.13 $53.66
$41.96 $59.06
$46.14 $64.93
$5,880 $8,687
$5,881 $8,688
$7,560 $10,637
$7,560 $10,637
$7,239 $10,187
$7,240 $10,187
$6,939 $9,763
$6,939 $9,763
$8,145 $11,462
$8,146 $11,462
$8,757 $12,321
$5,779 $8,135
$6,610 $9,301
$7,274 $10,237
$7,998 $11,255
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
40
NBFA MOU 2022-2025
8-51
EXHIBIT A
The Newport Beach Firefighters Association
Represented Sworn and Non -sworn Positions
MOU Term: January 1, 2022 to December 31, 2025
Effective January 11, 2025
2.0% Adjustment
REPRESENTED CLASSIFICATIONS
HOURLY PAY RATE MONTHLY PAY RATE
MIN MAX MIN MAX
SWORN
FIREFIGHTER 112 HOURS
FIREFIGHTER 80 HOURS
FIREFIGHTER PARAMEDIC 112
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED BEFORE 1/1/2016
FIREFIGHTER PARAMEDIC 112
HIRED ON OR AFTER 1/1/2016
FIREFIGHTER PARAMEDIC 80
HIRED ON OR AFTER 1/1/2016
FIRE ENGINEER 112 HOUR
FIRE ENGINEER 80 HOURS
FIRE CAPTAIN 112
FIRE CAPTAIN 80
FIRE CAPTAIN 80, TRAINING
NON -SWORN
FIRE SERVICES COORDINATOR
LIFE SAFETY SPECIALIST I
LIFE SAFETY SPECIALIST II
LIFE SAFETY SPECIALIST III
$24.72 $36.52
$34.61 $51.12
$31.78 $44.71
$44.49 $62.59
$30.43 $42.82
$42.60 $59.95
$29.17 $41.04
$40.83 $57.45
$34.24 $48.18
$47.93 $67.45
$51.53 $72.51
$34.01 $47.87
$38.90 $54.74
$42.80 $60.24
$47.07 $66.23
$5,998 $8,861
$5,998 $8,862
$7,712 $10,850
$7,712 $10,850
$7,384 $10,390
$7,385 $10,391
$7,078 $9,958
$7,078 $9,958
$8,308 $11,692
$8,309 $11,691
$8,932 $12,568
$5,894 $8,298
$6,742 $9,487
$7,419 $10,442
$8,158 $11,480
Hourly pay rates rounded to the nearest hundreths and monthly pay rates are rounded to nearest whole dollar.
41
NBFA MOU 2022-2025
8-52
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement ("Agreement") between the City of Newport Beach
("City") and the Newport Beach Firefighters Association ("Association") (collectively
"Parties") is entered into with respect to the following:
WHEREAS, the parties recently negotiated a successor Memorandum of
Understanding ("MOU") with a term of January 1, 2019 — December 31, 2021; and
WHEREAS, the parties wish to modify their MOU as it relates to the subject of
compensation for Firefighter/Paramedics by modifying the pay from an assignment pay
to a rank for employees hired as Firefighter/Paramedics after January 1, 2016; and
WHEREAS, the effective date of the changes below is the first day of the pay
period following City Council approval of this Agreement; and
WHEREAS, the following sets forth the parties' agreement:
1. Section 2, subsection B, of the parties' MOU is modified as can be seen by the
track changes below:
SECTION 2 — COMPENSATION
B. Salary Differential
1. The adjustments to salary and total compensation described in this
Section shall maintain the salary differentials between the classification
of Firefighter (benchmark classification) and the other classifications
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
minimum salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter N/A
Fire Engineer 112.50%
Firefighter Paramedic hired on or after 1/1/16 117.25%
Firefighter Paramedic hired prior to 1/1/16 122.25%
Line Captain 132.00%
Staff Captains shall receive an additional 7.5% of base pay over
Line Captains. Assignment as a Staff Captain is for a maximum for
two years unless extended by the Fire Chief.
2. Section 2, subsection I, of the parties' MOU is modified as can be seen by the
track changes below:
SECTION 2 — COMPENSATION
I Temporary Upgrading of Employees
1. 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
shall meet the minimum requirements for the position to which they
are moved up to. Such employees shall be deemed "Acting
Appointments" after their 6th consecutive shift.
If the employee is moved -up for five (5) hours or more, the move -
up compensation (for time actually working in the moved up
assignment) shall be computed as follows:
Firefighter to Engineer Regular rate +5%
Firefighter (hired prior to January 1, 2016)
to Paramedic Regular rate+22.25%
Firefighter (hired on or after January 1, 2016)
to Firefighter Paramedic Regular rate + 17.25%
Firefighter to Captain Regular rate +5%
Engineer (hired prior to January 1, 2016)
to Paramedic Regular rate +9.75%
Engineer to Captain Regular rate +5%
Paramedic to Captain Regular rate +5%
Captain to Battalion Chief Regular rate +5%
If an employee is moved up and is using leave, the leave time shall
be paid at the employee's regular rate of pay in the rank from which
he/she was moved up. 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.
The following positions shall be considered for move -up
assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignments to a 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.
The parties agree that to the extent permitted by law, pay for move
up assignments is special compensation and shall be reported to
CaIPERS as such pursuant to Title 2 CCR, Section 571(a)(3) but
not for new members as defined by the Public Employees' Pension
Reform Act of 2013.
3. The parties agree that all references in their MOU to the term "Fire Paramedic"
are changed to "Firefighter Paramedic".
4. The parties agree that the salary schedule to their MOU in Exhibits Al, A2 and
A3 will be updated to include the salary range for Firefighter Paramedic 17.25%.
5. The job description for Firefighter Paramedic as modified is attached to this
Agreement as Attachment A.
Executed this 25 day of i V 146 , 2019.
CITY OF NEWPORT BEACH:
ce K. Leung, City M
APPROVED AS TO FORM:
NEWPORT BEACH
FIREFIGHTERS ASSOCIATION:
Bobby S1lerno, NBFA President
ATTEST:
Peter J. ' 'own, Special Counsel Leilani Brown, City Clerk
Attachment A - Job Description
CITY OF NEWPORT BEACH
FIREFIGHTER PARAMEDIC
DEFINITION: To provide basic and advanced emergency medical care to victims of
sudden onset injury or illness, working independently or as a team with other fire
department personnel. The Firefighter/Paramedic also conducts assigned fire prevention
inspections, performs maintenance activities, interacts with the public and government
officials, and participates in training activities: may also perform the duties and
responsibilities of Firefighter when not operating as a Paramedic.
DISTINGUISHING CHARACTERISTICS: This is a mid -level position in the fire
suppression classification series of Firefighter, Fire Engineer, Firefighter/Paramedic and
Fire Captain, and may provide functional and technical direction to Firefighters.
Employees at this level possess general knowledge of City policies and procedures, as
well as a thorough knowledge of basic and advanced life support, fire suppression
techniques, fire prevention codes and their application, and public service principles and
practices.
SUPERVISION RECEIVED AND EXERCISED: This position reports to an assigned Fire
Captain. Medical compliance is provided by the EMS Division Chief.
EXAMPLES OF ESSENTIAL DUTIES: The following essential functions are typical for
this classification. Incumbents may not perform all of the listed functions and/or may be
required to perform additional or different functions from those below, to address business
needs and changing business practices:
• Respond to emergency medical incidents to provide and direct the prehospital basic
and advanced life support treatment and transportation in compliance with clinical
standards;
• Respond to emergency incidents and function as part of a team in the suppression
of fires or other emergency situations, includes operating in and exposure to
hazardous conditions and environments;
• Document and complete all reports such as, prehospital care reports, incident
reports, drug logs, training, and continuing education records;
• Perform annual fire prevention inspections on assigned occupancies and follow
through until all violations have been abated;
• Drive and operate fire apparatus and other automotive equipment, when required;
• Assume primary responsibility for the proper servicing and maintenance of assigned
apparatus, equipment, and medical supplies;
Firefighter Paramedic City of Newport Beach
Page 2
• Participate in continuing training and instruction to include fire suppression,
emergency medicine, fire prevention, hazardous materials, disaster response,
technical rescue, occupational safety practices, customer service and other
pertinent subjects; and
• Perform other duties as assigned.
QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each
essential function. The requirements listed below are representative of the knowledge, skill,
and/or ability required.
Knowledge of:
Basic and advanced emergency medical care practices;
Safe emergency vehicle driving and operating practices;
City geography and traffic circulation;
County of Orange and State of California laws, ordinances, treatment guidelines,
policies and procedures relating to prehospital care and transportation of the sick
and injured;
Command and control principles and practices relating to medical incident
management;
Operating principles and practices of fire apparatus and equipment;
Basic firefighting principles and practices;
Incident Command System position descriptions;
Hazardous Materials Fire Responder techniques;
Personal safety, wellness and fitness techniques;
Fire and Building Code and Local ordinances;
Newport Beach Fire Department Standard Operating Procedures, Department
Manuals, and Administrative Guidelines; and
Principles and practices of public education and customer relations.
Firefighter Paramedic City of Newport Beach
Page 3
Ability to:
Apply technical knowledge in a critical, time -sensitive manner and make
appropriate decisions regarding medical treatment and transportation;
Safely drive and operate fire apparatus and equipment under adverse traffic and
weather conditions;
Operate highly sensitive and technical medical equipment;
Maintain paramedic Iicensure and continuing education in compliance with State
and local regulations;
Perform physically demanding work for potentially extended periods of time under
difficult, dangerous and stressful situations;
Learn to effectively enforce a variety of life safety and fire prevention codes;
Manage multiple tasks and assignments at the same time;
Meet the Newport Beach Fire Department medical and fitness standards;
Represent the Newport Beach Fire Department and the City of Newport Beach in
a courteous, professional manner so as to not discredit or bring disrepute to the
Department or City;
Maintain confidentiality of medical and other privileged information;
Communicate clearly and concisely, both orally and in writing;
Regularly and predictably attend work;
Follow directions from a supervisor;
Understand and follow posted work rules and procedures;
Accept constructive criticism; and
Establish and maintain cooperative working relationships with those contacted in
the course of work.
This position may be required to work overtime hours as needed.
Firefighter Paramedic City of Newport Beach
Page 4
PHYSICAL REQUIREMENTS AND ENVIRONMENTAL WORKING CONDITIONS:
Work is performed indoors and outdoors in a variety of locations to include on -site work
at calls and incidents, in a City vehicle and in the Fire Stations. When working outdoors,
may be exposed to the elements; may work under cold damp or hot dry conditions;
crouch, sit, stand, walk, bend, reach, twist, grasp, drag, lift, and carry items weighing 45
pounds or more; climb ladders and stairs; pull and use fire hoses; work at heights greater
than 10 feet; may be exposed to dust, chemicals, solvents, grease/oil, fumes, electrical
and mechanical hazards, vehicular traffic, biological hazards, vibration, and noise; meet
the physical requirements of the class and have mobility, vision including the ability to
distinguish colors including red, green and yellow, speaking, hearing, sense of smell,
dexterity, and use of both hands and legs appropriate to the duties to be performed. May
administer first aid and in an emergency, push, pull, drag, and move individuals and/or
others weighing 150 pounds or more. Must be able to fight fires wearing protective gear
and self-contained breathing apparatus. May be exposed to blood or other bodily fluids
or communicable diseases.
EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE: A combination of
experience and education that would likely provide the required knowledge and abilities
may be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience: Minimum eighteen (18) years of age.
Education: High School graduation or GED equivalency.
License/Certificate:
Certification by the California State Board of Fire Services as a Certified Firefighter
I or successful completion of a California State Board of Fire Services Firefighter I
approved basic fire training curriculum, consisting of 240 hours of instruction in
basic firefighting.
Current EMT-P certification per California Administrative Code; Possession of
accreditation from the Orange County Emergency Medical Services (OCEMS) to
practice as a Paramedic.
Due to the performance of some field duties which require the operation of a
personal or City vehicle, a valid and appropriate California driver's license and an
acceptable driving record are required. Ability to obtain a California firefighter
restrictive driver's license.
Current American Heart Association Certification in Cardiopulmonary
Resuscitation.
Ability to successfully complete the Newport Beach Fire Department Basic Pump
Operator/Driver Certification program within six months of completion of the initial
probationary period.
Firefighter Paramedic City of Newport Beach
Page 5
Disaster Service Worker: In accordance with Government Code Section 3100,
City of Newport Beach Employees, in the event of a disaster, are considered
disaster service workers and may be asked to respond accordingly.
Bargaining Group — NBFA
FLSA: Non -Exempt
Revised July 1, 2002
Revised June 2, 2008
Revised October 26, 2010
Revised January 10, 2011
Revised January 11, 2013
Revised September 20, 2018
Revised June 12, 2019
Exhibit A.1
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021
Salary Schedule for Represented Sworn and Non -Sworn Positions
REPRESENTED POSITION
Revised: June 22, 2019
HOURLY RATE 1 MONTHLY SALARY 2
Min Max Min Max
Fire Captain 112 Hours $30.40 $42.78 $7,377 $10,382
Fire Captain 80 Hours 3 $42.56 $59.89 $7,378 $10,382
Fire Captain+ 7.5% Assignment $45.76 $64.38 $7,931 $11,160
Fire Engineer 112 Hours $25.90 $36.44 $6,285 $8,842
Fire Engineer 80 Hours 3 $36.26 $51.01 $6,285 $8,842
Fire Facilities Coordinator $30.20 $42.51 $5,234 $7,368
Firefighter 112 Hours $21.95 $32.42 $5,326 $7,868
Firefighter 80 Hours $30.73 $45.40 $5,326 $7,869
Firefighter Paramedic 17.25 112 $27.02 $38.02 $6,557 $9,226
Firefighter Paramedic 17.25 80 $37.83 $53.23 $6,557 $9,227
Firefighter Paramedic_22.25_112 $28.22 $39.70 $6,848 $9,634
Firefighter Paramedic_22.25_80 $39.51 $55.58 $6,848 $9,634
Life Safety Specialist I $34.54 $48.60 $5,987 $8,425
Life Safety Specialist II $38.01 $53.49 $6,588 $9,272
Life Safety Specialist III $41.79 $58.81 $7,244 $10,194
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
Exhibit A.2
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021
Salary Schedule for Represented Sworn and Non -Sworn Positions
Revised: December 21, 2019, 2.0% Cost -of -Living Adjustment
REPRESENTED POSITION
HOURLY RATE 1
MONTHLY SALARY 2
Min Max Min Max
Fire Captain 112 Hours $31.01 $43.64 $7,525 $10,589
Fire Captain 80 Hours' $43.42 $61.09 $7,525 $10,589
Fire Captain+ 7.5% Assignment $46.67 $65.67 $8,090 $11,383
Fire Engineer 112 Hours $26.42 $37.17 $6,411 $9,019
Fire Engineer 80 Hours 3 $36.98 $52.03 $6,411 $9,019
Fire Facilities Coordinator $30.80 $43.36 $5,339 $7,516
Firefighter 112 Hours $22.39 $33.07 $5,433 $8,026
Firefighter 80 Hours $31.34 $46.30 $5,433 $8,026
Firefighter Paramedic 17.25 112 $27.56 $38.78 $6,688 $9,411
Firefighter Paramedic 17.25 80 $38.59 $54.30 $6,689 $9,412
Firefighter Paramedic_22.25_112 $28.78 $40.50 $6,985 $9,827
Firefighter Paramedic_22.25_80 $40.30 $56.69 $6,985 $9,827
Life Safety Specialist I $35.23 $49.58 $6,107 $8,593
Life Safety Specialist II $38.77 $54.56 $6,720 $9,457
Life Safety Specialist III $42.63 $59.99 $7,389 $10,398
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
Exhibit A.3
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: JANUARY 1, 2019 - DECEMBER 31, 2021
Salary Schedule for Represented Sworn and Non -Sworn Positions
Revised: December 19, 2020, 2.0% Cost -of -Living Adjustment
REPRESENTED POSITION
HOURLY RATE 1
MONTHLY SALARY 2
Min Max Min Max
Fire Captain 112 Hours $31.63 $44.51 $7,675 $10,801
Fire Captain 80 Hours' $44.28 $62.31 $7,676 $10,801
Fire Captain+ 7.5% Assignment $47.61 $66.99 $8,252 $11,611
Fire Engineer 112 Hours $26.95 $37.91 $6,539 $9,200
Fire Engineer 80 Hours 3 $37.72 $53.07 $6,539 $9,200
Fire Facilities Coordinator $31.42 $44.23 $5,445 $7,666
Firefighter 112 Hours $22.83 $33.73 $5,541 $8,186
Firefighter 80 Hours $31.97 $47.23 $5,542 $8,187
Firefighter Paramedic 17.25 112 $28.11 $39.56 $6,822 $9,599
Firefighter Paramedic 17.25 80 $39.36 $55.38 $6,822 $9,600
Firefighter Paramedic_22.25_112 $29.36 $41.30 $7,124 $10,023
Firefighter Paramedic_22.25_80 $41.10 $57.83 $7,124 $10,023
Life Safety Specialist I $35.93 $50.57 $6,229 $8,765
Life Safety Specialist II $39.54 $55.65 $6,854 $9,646
Life Safety Specialist III $43.48 $61.19 $7,537 $10,606
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to the nearest whole dollar.
*Pay rates may vary slightly due to rounding.
3 Temporary staff/administrative assignments.
Salary Schedule approved by Governing Body (City Council): June 11, 2019
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2019 through December 31, 2021
NBFA MOU 2019-2021
TABLE OF CONTENTS
Page
PREAMBLE 1
SECTION 1 - GENERAL PROVISIONS
Recognition 1
Term of Memorandum 1
Release Time 2
Scope 3
Bulletin Boards 4
Authority to Deduct Dues 4
Maintenance of Membership 4
Conclusiveness 5
Modifications 5
Savings 5
Impasse 5
Definitions 6
SECTION 2 - COMPENSATION
Salary Adjustments - this MOU Period 6
Salary Differential 6
Firefighter — Special Step Increase 7
Probationary Firefighter Training Step 7
Overtime — Hours Worked 8
Required Uniform 8
Scholastic/Certificate Achievement Pay 9
Special Assignment Pay 10
Temporary Upgrading of Employees 11
Paramedic Training 13
Y-Rating 14
Shift Holdover 14
Emergency Recall 13
Bilingual Pay 14
Court Standby Pay 15
Longevity Pay 15
SECTION 3 - LEAVES
Flex Leave 15
Telestaff System 17
Holiday Time 17
Bereavement Leave 19
Catastrophic Leave 19
Jury Duty 19
Worker's Compensation Leave 20
Scheduling of Medical Treatment for Industrial Injuries 20
Reassignment 20
Early Relief 20
SECTION 4 - FRINGE BENEFITS
Insurance 21
Additional Health Insurance/Programs 22
Employee Assistance Program 23
PERS Retirement Benefit 23
Defined Contribution Plan 26
Retiree Medical Benefit 27
Tuition Reimbursement and Training 31
Fitness Program 32
Physical Conditioning Equipment 32
SECTION 5 - MISCELLANEOUS PROVISIONS
Reduction in Force/Layoffs 33
Discipline Plan 35
Fire Suppression Equipment Staffing Levels 36
EMT Certification 36
No Smoking 36
Life Safety Services Classifications 36
Exposure Log 36
Grievance Procedure 37
48/96 Schedule 37
Consecutive Shifts 37
Requirement to Live Within 150 Miles of City Limits 37
EXHIBIT A — Represented Classifications and Pay Rates 39
ii
PREAMBLE
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 of employees in the unit of representation NBFA is
recognized to represent (unit members).
2. 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 the classifications of
Fire Captain 112 Hours
Fire Captain + 7.5% (80 hours)
Fire Engineer 112 hours
Fire Facilities Coordinator
Fire Paramedic 112 Hours
Fire Paramedic 80 Hours
Firefighter 112 Hours
Firefighter 80 Hours
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist 111
B. Term
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2019. This MOU shall remain in
full force and effect until December 31, 2021, and the provisions of this
1 NBFA MOU 2019-2021
MOU shall continue after the date of expiration of this MOU in the event
the parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide
that agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to decisional
or statutory law, superseded by the provisions of an agreement such
as, or similar to, this MOU.
C. Release Time
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off -site meetings, conferences, seminars or
workshops related to matters within the scope of representation.
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
c. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C(1)(c)(ii) above.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a) and 1 (b). 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.
3. City grants Unit members the right to engage in the activities described
in subsection 1(c) 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. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours. Requests for release time shall be
2 NBFA MOU 2019-2021
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.
a. The NBFA President shall be entitled to a maximum of 200 hours
per calendar year for appropriate association related business,
excluding time required for the meet and confer process. The
NBFA President shall, at his/her discretion, allocate Release
Time to NBFA Board members or other designates, to a
maximum of 150 hours per year per individual. In the event the
200 hours for the President or 150 hours for other NBFA
designates are insufficient, the President may submit a request
to the Assistant City Manager or designee, with justification, that
additional hours be granted. In no event shall the Association be
granted more than a total of 400 hours per year for all
designates.
5. In addition to City —provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit members may voluntarily 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.
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'
shall be defined as accrued flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
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.
3 NBFA MOU 2019-2021
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
1. Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to NBFA business, meetings, or events. All materials posted on bulletin
boards by the NBFA shall indicate that the NBFA posted them. Material
posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or
retaliation on the basis of any protected class under the law or other
statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E—Mail)
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on
the basis of 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. Authority to Deduct Dues from Members' Paychecks
The City will deduct dues from members of the Association and will remit it to
the Association. It is the Association's responsibility to inform the City's
Human Resources Director as to which members of the bargaining unit are
members of the Association. The Association shall inform the Human
Resources Director in writing of any changes in the membership status of any
Association members.
G. Maintenance of Membership
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 deductions made by
the City during the term of this Agreement, provided that any employee in the
4 NBFA MOU 2019-2021
Unit may terminate Association membership by submitting to the Association
a signed request to cancel payroll dues deduction. If that occurs, the
Association will advise the Human Resources Director to cancel payroll dues
deduction to the Association for such employee. Pursuant to Government
Code section 1157.12(b), the Association shall indemnify the City and hold it
harmless against any and all suits, claims, demands and liabilities by any unit
member in reliance upon information provided by the Association respecting
requests to cancel or change payroll deductions for such employee.
H Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the term of this MOU, neither party shall
be compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
Modifications
Any agreement, alteration, understanding, variation, or waiver or modification
of any of the terms or provisions of this MOU shall not be binding upon the
parties unless contained in a written document executed by authorized
representatives of the parties.
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 Unit 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.
5 NBFA MOU 2019-2021
L. Definitions
For the purposes of this MOU, these terms shall have the following meanings:
1. The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is assigned
to work an average 40-hour workweek.
3. The term "line employee" shall mean any unit 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
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the pay period that includes January 1, 2019 there shall be a base
salary increase of two percent (2%) for all represented classifications.
2. Effective the payroll period that includes January 1, 2020, there shall be a
base salary increase of two percent (2%) for all represented classifications.
3. Effective the payroll period that includes January 1, 2021, there shall be a
base salary increase of two percent (2%) for all represented classifications.
B. Salary Differential
1. The adjustments to salary and total compensation described in this Section
shall maintain the salary differentials between the classification of
Firefighter (benchmark classification) and the other classifications
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 minimum
salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter N/A
Fire Engineer 112.50%
6 NBFA MOU 2019-2021
Fire Paramedic hired prior to 1/1/16
Line Captain
122.25%
132.00%
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains. Assignment as a Staff Captain is for a maximum for two
years unless extended by the Fire Chief.
2. Paramedic Pay For Firefighters Working as Paramedics Hired on or After
January 1, 2016: Firefighters hired on or after January 1, 2016 will not be
placed into the Paramedic classification. They will remain in the Firefighter
classification and receive Paramedic Pay of 17.25%.
The parties agree that to the extent permitted by law, Paramedic Pay is
special compensation and shall be reported to Ca1PERS as such pursuant
to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2).
C. Firefighter- 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.
D. Probationary Firefighter Training Step
Probationary Firefighters will be placed at the Training Step (Step "1T") upon
initial appointment. Upon completion of the NB Fire Recruit Academy,
employees will be eligible to advance to Firefighter Step 1. Probationary
employees will be eligible for advancement to Step 2 following 12 months from
date of initial appointment and upon documented successful performance.
Notwithstanding advancement to Step 2, until the City Council approves this
MOU, the probationary period for a new Firefighter is 18 months from the date
of hire.
The probationary period for a new Firefighter hired after January 8, 2019 is 12
months. Any firefighter serving his/her probationary period for at least 12
months on the date of Council approval of this MOU will be considered to have
passed probation on that date. Any Firefighter serving his/her probationary
period for less than 12 months on the date of Council approval of this MOU
will need to need to complete 12 months on probation to complete his/her
probation period.
7 NBFA MOU 2019-2021
E. Overtime
1. FLSA Overtime shall consist of authorized hours actually worked in excess
of 91 hours in a 12-day work period as previously established by the City
and as permitted by the United States Department of Labor regulations
pursuant to the FLSA 7(k) exemption. Use of Flex 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 one -and -one-half times the employee's regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay
shall not be considered as hours worked for determining Contract Overtime
eligibility. Contract Overtime shall be calculated based on the employee's
regular rate of pay, less 7%.
The rate at which Contract Overtime is calculated shall not include the
City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or
any cash back an employee may receive from the Cafeteria Plan Allowance
by choosing benefits which cost Tess than the Allowance.
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. Employees 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.
F. 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, uniform jackets
8 NBFA MOU 2019-2021
and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap.
City shall not be responsible for providing employee with socks, underwear, or
workout shoes, or other clothing.
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.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance ($1,519 annually) for each employee as
special compensation in accordance with Title 2, California Code of
Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for
"new members" as defined by the Public Employees' Pension Reform Act of
2013, the uniform allowance will not be reported as pensionable compensation
to CaIPERS.
The parties agree the reported value of uniforms is intended to reflect clothing
such as pants, shirts, jackets, and related attire and excludes health and safety
related equipment, i.e., safety boots and turnout gear.
G. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
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 unit member to apply for Scholastic and/or
Certificate Achievement Pay. Approval of the unit 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.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon number of units and/or degrees received
by the employee. Unit members hired on and after May 22, 2012 shall be
ineligible for any scholastic pay based upon having obtained units only.
Qualifying units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. 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
9 NBFA MOU 2019-2021
Training Council. Unit members shall receive scholastic and/or certificate
achievement pay in accordance with the following:
1. Scholastic Pay
College
Semester/Unit:
30
60
90
90
120
A.A./A.S.
B.A./B.S.
of Actual Step in
Job Class Range:
1.5%/month
2.5%/month
3.5%/month
3.5%/month
4.5%/month
3.5%/month
5.5%/month
2. Certificate Achievement Pay
Certificate achievement pay is contingent upon employee's satisfactory
completion of the initial probationary period with the Newport Beach Fire
Department and completion of the required coursework for Company Officer
(formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire
Prevention Specialist) certification as outlined below, and the opening of the
associated State Fire Training task book. Company Officer also requires
completion of the NBFD (internal) Captain's task book. Proof of course
completion must accompany this application and be in the form of one of the
following:
1. A certificate from the Office of the State Fire Marshal.
2. A letter from the Office of the State Fire Marshal certifying the
employee has completed the course(s).
3. Transcripts from an accredited college, university or entity, or
certificates indicating the employee has been credited for course
completion.
NBFA members shall receive 3.0 % of base pay for either Company Officer or
Fire Inspector II course completion, opening of the associated State Fire
Training task book, and completion of NBFD (internal) Captain's task book
(Company Officer only).
H. Special Assignment Pay
The following additional payments shall be made to certain Unit members
based on assignment:
1. Individuals properly trained and assigned by the Department to perform
special assignments shall be compensated as follows:
10 NBFA MOU 2019-2021
Assignment
Maximum Compensation
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.
Employees who enter the above assignments after the approval of this
MOU will be assigned for three years, after which they will rotate out of
their assignment (assuming there are qualified replacements) absent an
extension by the Fire Chief, who shall have the option to authorize up to
two one-year extensions. Notwithstanding the above, employees
currently assigned as Shift Fire Investigators shall be subject to rotation
effective July 1, 2019. Removal from any of these special assignments at
the end of the prescribed term shall not trigger any right of appeal.
The parties agree that to the extent permitted by law, Shift Fire Investigator
Pay is special compensation and shall be reported to CaIPERS as Fire
Investigator Premium pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3).
*Subject to modification by the department.
2. 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
(which will vary based on the needs of the Department as determined
by the Fire Chief) 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. 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 shall meet the
minimum requirements for the position to which they are moved up to.
11 NBFA MOU 2019-2021
Such employees shall be deemed "Acting Appointments" after their 6th
consecutive shift.
If the employee is moved -up for five (5) hours or more, the move -up
compensation (for time actually working in the moved up assignment)
shall be computed as follows:
Firefighter to Engineer
Firefighter (hired prior to January 1, 2016)
to Paramedic
Firefighter to Captain
Engineer (hired prior to January 1, 2016)
to Paramedic
Engineer to Captain
Paramedic to Captain
Captain to Battalion Chief
Regular rate +5%
Regular rate +22.25%
Regular rate +5%
Regular rate +9.75%
Regular rate +5%
Regular rate +5%
Regular rate +5%
If an employee is moved up and is using leave, the leave time shall be
paid at the employee's regular rate of pay in the rank from which he/she
was moved up. 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.
The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignments to a 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.
The parties agree that to the extent permitted by law, pay for move up
assignments is special compensation and shall be reported to CaIPERS
as such pursuant to Title 2 CCR, Section 571(a)(3) but not for new
members as defined by the Public Employees' Pension Reform Act of
2013.
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.
12 NBFA MOU 2019-2021
Acting employees shall be compensated the beginning of the pay
period following the sixth consecutive shift in the salary range of his/her
acting classification at a rate that is at least five (5%) percent higher
than their current rate. All Flex 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.
The parties agree that to the extent permitted by law, Tiller Pay is
special compensation and shall be reported to CaIPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3).
J. Paramedic Training
The parties agree to a competitive process for which up to a maximum of three
(3) current Firefighters (no more than two (2) per fiscal year), maybe selected,
based on the operational needs of the Fire Department, to attend Paramedic
school during the term of this MOU. Selected employees will be compensated
at their normal rate of pay while attending school and during any clinical
training. Following completion of school and clinical training, during the on-
the-job training period employees shall receive 5% assignment pay. Following
all training, employees will return to their normal rate of pay until such time as
they are selected for Paramedic assignment. This section shall terminate upon
the expiration of this MOU.
Assignment to Paramedic School shall not be construed as assignment to
position for the purposes of probation.
13 NBFA MOU 2019-2021
K. 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.
L. Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the appropriate rate for each hour, or portion thereof, the
employee worked beyond the end of the shift.
M. 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 Fire Chief, the employee shall receive a
minimum of four (4) hours compensation at the appropriate rate. If an
employee works less than (4) hours, he/she will receive four hours of
compensation at the appropriate rate. If an employee works for four (4) hours
or more, he/she will receive compensation for the time worked at the
appropriate rate.
N. 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.
The parties agree that to the extent permitted by law, the Bilingual pay in this
section is special compensation and shall be reported to Ca/PERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium.
14 NBFA MOU 2019-2021
O. Court Standby Pay
Unit 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. Unit members shall, when required to appear in
court pursuant to a Subpoena or the direction of their supervisor to testify as
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.
P. Longevity Pay
Years of Service Longevity Pay
16 but less than 20
20 but Tess than 25
25 and over
1.5%
2.5%
3.5%
The parties agree that to the extent permitted by law, Longevity Pay is special
compensation and shall be reported to Ca1PERS as such pursuant to Title 2
CCR, Section 571(a)(1) and 571.1(b)(1).
SECTION 3 - LEAVES
A. Flex Leave
1. Unit members shall accrue flex leave as follows as set forth in the chart
below. The amounts that are listed in the column entitled "Maximum
Accrual" include both the maximum accrual of flex leave (52 pay periods
worth of flex leave) and also include the amount of holiday time which
the parties have agreed that employees may accrue per Section 3C
(Holiday Time).
Leave Accrual
Years of Srvc Hrs/Pay Period
Line Employees*:
1 but Tess than 5
5 but less than 9
9 but less than 12
12 and over
9.77
10.69
11.62
12.54
Maximum Accrual
796.12
843.96
892.32
940.16
15 NBFA MOU 2019-2021
Staff and Non -Safety Employees:
1 but Tess than 5
5 but less than 9
9 but less than 12
12 and over
6.97
7.63
8.33
8.95
568.36
602.68
639.08
671.32
2. The Flex leave program shall be administered as follows:
a. Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the employee
is terminated or resigns before completing three months of
continuous employment, the member's final check shall be
reduced by an amount equal to the number of Flex leave hours
advanced multiplied by the member's hourly rate of pay.
Unit members shall accrue three months of flex leave (as
provided in the charts in paragraph Al above) immediately upon
completion of three (3) months continuous employment with the
Newport Beach Fire Department, provided however, this amount
shall be reduced by any flex leave time advanced during the first
three months of employment.
b. Members employed by the City prior to initiation of the Flex leave
program have had the current accrued vacation time converted
to Flex leave on an hour for hour basis.
c. Earned Flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay. Unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
leave benefits because of an industrial disability, hardship or
extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued.
16 NBFA MOU 2019-2021
e. Flex leave may be taken in four (4) hour increments.
f. 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 separation from employment.
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.
C. Holiday Time
1. Line Employees
The provisions of this subsection shall apply only to Unit 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.
Unit 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 Account on a bi—weekly basis. The parties agree,
to the extent permitted by law, the compensation in this section is
special compensation for those employees who are normally required
to work on an approved holiday because they work in positions that
require scheduled staffing without regard to holidays and shall be
reported as such pursuant to Title 2 CCR, Section 571(a)(5) and
571.1(b)(4) Holiday Pay.
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
17 NBFA MOU 2019-2021
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.
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 in lieu of cash payment.
2. Staff Employees
The holiday benefit for staff employees shall be as follows: :
Staff employees shall accrue 3.96 hours of holiday leave per pay period
(102.96 hours per year). This holiday leave is to provide leave for
employees for the following twelve (12) 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, one—half day on New Year's Eve
and one floating holiday.
The holiday leave accrued will be added to employees' flex leave banks.
The maximum accrual of flex leave set forth in in Section 3A1 above
includes 205.92 hours which is two years (52 pay periods) of holiday
leave.
Even though the holiday leave is added to employees' flex leave banks,
staff employees may be required to take specified City holidays off at
the sole discretion of the Fire Chief. If that occurs, time will be charged
against the employee's Flex leave bank.
Notwithstanding the holiday leave benefit provided above, newly hired
non -sworn staff employees shall have the one-time option (at the time
of hire) to accrue holiday time as pay. If that occurs, such an
employee's flex leave maximum accrual (addressed in Section 3A 1
above) will be reduced by 205.92 hours which is two years (52 pay
periods) of holiday leave.
If holiday time is provided as pay (if, that election as made as provided
above) it shall not be reported to CaIPERS as special compensation per
California Code of Regulations 571(a)(5) because these employees
they do not work in positions that require scheduled staffing without
regard to holidays.
18 NBFA MOU 2019-2021
3. Holiday Time Election
Effective following adoption of the 2015-18 MOU, all then current unit
members were provided another one-time opportunity to change all or
a portion of their future annual holiday benefits to pay or time off. The
City provided a 28-day window (2 pay periods) for employees to make
the new election. Once selected, the election became uniform from
year to year. All other elements of the election were as provided in D(1)
and D(2) above.
D. Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
an employee because of a death or terminal illness in his/her immediate family.
Staff 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 (terminal illness
followed by death is considered one incident). Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence.
Bereavement leave shall be administered in accordance with the provisions of
the Employee Policy Manual. For the purpose of this section immediate family
shall mean an employee's father, mother, stepfather, stepmother, brother,
sister, spouse/domestic partner, child, stepchild and grandparents, and the
employee's spouse/domestic partner's mother, father, brother, sister, child and
grandparent. An employee requesting bereavement leave shall notify his/her
supervisor as soon as possible of the need to take leave.
E. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program in the
City of Newport Beach Administrative Procedure.
F. Jury Duty
Employees who are summoned to perform jury service shall be entitled to their
regular compensation while serving; provided the fees, except mileage and
subsistence allowance, if any, which they receive as jurors, are remitted to the
City.
If an employee calls in at night and finds out that he/she must report to jury
duty the next day (and is scheduled to be working that day as part of a regular
shift or on an overtime basis) he/she must contact his/her Battalion Chief as
soon as possible so that coverage can be arranged for his/her shift.
19 NBFA MOU 2019-2021
G. Worker's Compensation Leave
The City will comply with the provisions of Labor Code section 4850 for
workers' compensation claims.
H. 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, 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
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.
J. Early Relief
The parties acknowledge Department of Labor regulation, 29 CFR section
553.225 that provides:
20 NBFA MOU 2019-2021
"It is a common practice among employees engaged in fire protection activities
to relieve employees on the previous shift prior to (between the hours of 0600
and 0800) the scheduled starting time. Such early relief time may occur
pursuant to employee agreement, either expressed or implied. This practice
will not have the effect of increasing the number of compensable hours of work
for employees employed under section 7(k) where it is voluntary on the part of
the employees and does not result, over a period of time, in their failure to
receive proper compensation for all hours actually worked. On the other hand,
if the practice is required by the employer, the time involved must be added to
the employee's tour of duty and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require
it. The Association agrees that it will advise the Human Resources Director in
writing if at any time in the future it learns or believes that the City is requiring
early relief. If that occurs, early relief will immediately end.
SECTION 4 — FRINGE BENEFITS
A. Insurance
1. Benefits Information Committee
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 recognized employee organization 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.
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.
21 NBFA MOU 2019-2021
Effective the pay issue that includes:
January 1, 2019, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,824.00 (plus the minimum CaIPERS
participating employee's contribution).
Unit members who do not 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.
Employees electing to opt out of medical coverage offered by the City
because they have provided proof of minimum essential coverage
("MEC') through another source (other than coverage in the individual
market, whether or not obtained through Covered California) will
receive a maximum cafeteria allowance of $1,000.00 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and 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
22 NBFA MOU 2019-2021
salary of the employee will be reduced by the amount designated by
the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following
provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall pay one percent (1%) of base salary as a post -tax
deduction for this benefit.
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.
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.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may
access the EAP subject to provider guidelines.
D. PERS Retirement Benefit
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS") to provide retirement benefits for its
23 NBFA MOU 2019-2021
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits
as follows:
Tier I ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall be
3%@50 and the retirement formula for non -safety members shall be
2.5%@ 55, calculated on the basis of the highest consecutive 12 month
period selected by the employee.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to
meet for the purpose of renegotiating employee retirement contributions
or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special pays,
and other pays normally reported as pensionable compensation or
compensation earnable, and will be made on a pre-tax basis through
payroll deduction, to the extent allowable by the Internal Revenue
Code.
a. Safety
Tiers I and II:
Effective the pay period which includes January 1, 2019, all
members in Tier I and 11 shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
24 NBFA MOU 2019-2021
plus an additional half of one percent (5%) of compensation
earnable for a total of 3.5% of compensation earnable of the
Employer rate for a total contribution of 12.5% of compensation
earnable.
Effective the pay period which includes January 1, 2020, all
members in Tier I and 11 shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
plus an additional half of one percent (5%) of compensation
earnable for a total of 4.0% of compensation earnable of the
Employer rate for a total contribution of 13.0% of compensation
earnable.
Effective the pay period which includes January 1, 2021, all
members in Tier I and 11 shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
plus an additional half of one percent (5%) of compensation
earnable for a total of 4.5% of compensation earnable of the
Employer rate for a total contribution of 13.5% of compensation
earnable.
Tier III:
The normal member contribution rate for Tier III members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations.
Effective the pay period which includes January 1, 2019, Tier 111
unit members will contribute the full statutory member
contribution. If that rate is less than 12.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 12.5% of pensionable
compensation.
Effective the pay period which includes January 1, 2020, Tier 111
unit members will contribute the full statutory member
contribution. If that rate is less than 13% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 13% of pensionable compensation.
Effective the pay period which includes January 1, 2021, Tier 111
unit members will contribute the full statutory member
contribution. If that rate is less than 13.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
25 NBFA MOU 2019-2021
achieve a total contribution of 13.5% of pensionable
compensation.
b. Non Safety
Tier I:
Tier I employees shall contribute eight percent (8%) of
pensionable compensation for the CaIPERS member
contribution, an additional 2.42% of pensionable compensation
as cost sharing pursuant to Government Code section 20516(a)
and an additional 2.58% of pensionable compensation as cost
sharing pursuant to Government Code §20516(f. Employees
shall contribute a total of 13.0% of pensionable compensation for
retirement contributions.
Tiers II:
Tiers II unit members shall contribute a total employee
contribution of 13.0% of compensation earnable - seven percent
(7%) member contribution and six percent from cost sharing per
Government Code section 20516(0.
Tier Ill
Tier 111 unit members will contribute the rate established by
CaIPERS as half the normal cost. In addition, these members will
contribute the difference between half the normal cost and 13.0%
as cost sharing per Government Code section 2O516(f) to achieve
a total contribution of 13.0% of pensionable compensation.
c. The City's contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II
26 NBFA MOU 2019-2021
and III). Such employees are eligible to participate in a Defined Contribution
plan (Plan), administered by the City or its designee in accordance with said
regulatory agency regulations and laws. The Plan shall continue to 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 PERS 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.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
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) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan,
i.e.: MERP).
27 NBFA MOU 2019-2021
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expenses after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non -safety members within an
Association may have different levels. The participation level should be
specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
tax basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that Safety members and Non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term, trend
28 NBFA MOU 2019-2021
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.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
29 NBFA MOU 2019-2021
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution (i.e., the CaIPERS statutory minimum amount) towards
medical insurance after retirement. The parties also agree that, for
retirees selecting a CaIPERS medical plan, or any other plan with a
similar employer contribution requirement, the required City contribution
will be withdrawn from the retiree's RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There
is no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
30 NBFA MOU 2019-2021
previous plan prior to January 1, 2006, up to a maximum of 15 years
(180 months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
G. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
1. College Courses
Unit members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees or other student
expenses for approved job —related courses. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade "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
Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
31 NBFA MOU 2019-2021
2. Non -College Courses
Unit members attending job -related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one
hundred percent (100%) of the actual cost of tuition, parking fees, travel
and lodging expenses. Unit members who must stay in lodging to attend
such classes, courses or seminars because of their location are
required to seek single occupancy governmental rates (at GSA rates)
when booking lodging for the class, course or seminar. Reimbursement
for more than single occupancy governmental rates will be provided
only if such rates are not available and if approved by the Fire Chief.
Job -related courses, 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.
Training — Workers' 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.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $25,000 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness
equipment. All purchases need to be approved by the Fire Chief. Up
32 NBFA MOU 2019-2021
to $10,000 may be carried over to a 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 unit 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
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 regular status, subject to the following:
i. Credit shall be given only for continuous service subsequent to
the most recent appointment to regular status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within the Classification of
Firefighter, seniority shall mean the time an employee has
worked within the Series from Firefighter to Captain.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
33 NBFA MOU 2019-2021
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 Tess
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. In this bargaining unit
the following are the Series which exist: 1) Firefighter, Fire
Engineer, Firefighter/Paramedic and Fire Captain; 2) Life Safety
Specialist 1, Life Safety Specialist l/ and Life Safety Specialist III; and
3) Fire Facilities Coordinator.
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. 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 the Series within the bargaining unit, 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.
34 NBFA MOU 2019-2021
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).
4. Re —Employment
Regular 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
Regular employees who are laid off shall, as of the date of lay—off,
receive one -week severance pay for each year of continuous service
with the City of Newport Beach, but in no case, to exceed ten (10)
weeks of severance compensation.
B. Discipline Plan
Any discipline shall be in accordance with Department SOP and the Employee
Policy Manual.
35 NBFA MOU 2019-2021
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 three
(3) fire suppression personnel on one truck company and four (4) fire
suppression personnel on the second truck company. The Fire Chief or
designee shall have the discretion to add a fourth fire suppression personnel
to the truck company staffed with three fire suppression personnel on a regular
or overtime, i.e., "backfill" basis, based on operational needs, for a minimum
12 hour period. However, nothing contained herein shall be construed as
altering the existing 24 hour shift for fire suppression employees.
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 (including vaping and e-cigarettes) 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.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off -duty
shall not be considered a violation of this section.
F. Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications shall
remain in effect for the term of this agreement.
G. Exposure Log
The City maintains an exposure log system.
36 NBFA MOU 2019-2021
H Grievance Procedure
Except as described herein, unit employees and the Association 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 which shall be subject to
the right of the employee and/or the Association to seek judicial review per
Code of Civil Procedure section 1094.5.
The Grievance Procedure is the sole and exclusive method by which an
employee or the Association may challenge a provision of this MOU.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule.
J. Consecutive Shifts
Except for employees assigned to "strike teams" unit members are limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hour shift. Additional consecutive
shifts may be permitted with mutual agreement between the employee and the
Battalion Chief unless there are operational needs. In which case, the
Department may extend the number of consecutive shifts which will be worked
by employees.
K. Requirement to Live Within 150 Miles of City Limits
Unit members hired after January 1, 2019 are required to live within 150 miles
of the City limits.
Signatures are on the next page.
37 NBFA MOU 2019-2021
ATTEST:
Bv•
Executed this
Leilani Brown, City Clerk
day of-JOAVM R-1 , 2019.
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
B
i -
Bobby Salerno, NBFA President
CITY OF NEWPORT BEACH
By:
APPROV D AS TO FORM
Bv:
, Mayor
Peter J.`? own, Special Counsel
Attachment: EXHIBIT A - NBFA Represented Classifications and Pay Rates
38 NBFA MOU 2019-2021
EXHIBIT A.1 NBFA MOU
Newport Beach Firefighters Association
Represented Sworn and Non -Sworn Positions and Pay Rates
MOU Term: January 1, 2019 - December 31, 2021
Effective: December 22, 2018
2.0% Adjustment
REPRESENTED POSITION HOURLY PAY RATE 1 MONTHLY PAY RATE 2
MIN MAX MIN MAX
Fire Captain (112 Hours) $30.40 $42.78 $7,377 $10,382
Fire Captain (80 Hours) 3 $42.56 $59.89 $7,378 $10,382
Fire Captain (7.5% Assignment) $45.76 $64.39 $7,932 $11,160
Fire Engineer (112 Hours) $25.90 $36.44 $6,285 $8,842
Fire Engineer (80 Hours) 3 $36.26 $51.01 $6,285 $8,842
Fire Facilities Coordinator $30.20 $42.51 $5,234 $7,368
Fire Paramedic (112 Hours) $28.22 $39.70 $6,848 $9,634
Fire Paramedic (80 Hours) $39.51 $55.58 $6,848 $9,634
Firefighter (112 Hours) $21.95 $32.42 $5,326 $7,868
Firefighter (80 Hours) $30.73 $45.40 $5,326 $7,869
Life Safety Specialist I $34.54 $48.60 $5,987 $8,425
Life Safety Specialist II $38.01 $53.49 $6,588 $9,272
Life Safety Specialist III $41.79 $58.81 $7,244 $10,194
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
* Pay rates may vary slightly, due to rounding.
3 Temporary staff/administrative assignments.
39
NBFA MOU 2019-2021
EXHIBIT A.2 NBPA MOU
Newport Beach Firefighters Association
Represented Sworn and Non -Sworn Positions and Pay Rates
MOU Term: January 1, 2019 - December 31, 2021
Effective: December 21, 2019
2.0% Adjustment
REPRESENTED POSITION HOURLY PAY RATE 1 MONTHLY PAY RATE 2
MIN MAX MIN MAX
Fire Captain (112 Hours) $31.01 $43.64 $7,525 $10,589
Fire Captain (80 Hours) 3 $43.42 $61.09 $7,525 $10,589
Fire Captain (7.5% Assignment) $46.67 $65.67 $8,090 $11,384
Fire Engineer (112 Hours) $26.42 $37.17 $6,411 $9,019
Fire Engineer (80 Hours) 3 $36.98 $52.03 $6,411 $9,019
Fire Facilities Coordinator $30.80 $43.36 $5,339 $7,516
Fire Paramedic (112 Hours) $28.78 $40.50 $6,985 $9,827
Fire Paramedic (80 Hours) $40.30 $56.69 $6,985 $9,827
Firefighter (112 Hours) $22.39 $33.07 $5,433 $8,026
Firefighter (80 Hours) $31.34 $46.30 $5,433 $8,026
Life Safety Specialist I $35.23 $49.58 $6,107 $8,593
Life Safety Specialist II $38.77 $54.56 $6,720 $9,457
Life Safety Specialist III $42.63 $59.99 $7,389 $10,398
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
* Pay rates may vary slightly, due to rounding.
3 Temporary staff/administrative assignments.
40 NBFA MOU 2019-2021
EXHIBIT A.3 NBPA MOU
Newport Beach Firefighters Association
Represented Sworn and Non -Sworn Positions and Pay Rates
MOU Term: January 1, 2019 - December 31, 2021
Effective: December 19, 2020
2.0% Adjustment
REPRESENTED POSITION
Fire Captain (112 Hours)
Fire Captain (80 Hours) 3
Fire Captain (7.5% Assignment)
Fire Engineer (112 Hours)
Fire Engineer (80 Hours) 3
Fire Facilities Coordinator
Fire Paramedic (112 Hours)
Fire Paramedic (80 Hours)
Firefighter (112 Hours)
Firefighter (80 Hours)
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
HOURLY PAY RATE 1
MIN MAX
$31.63 $44.51
$44.28 $62.31
$47.61 $66.99
$26.95 $37.91
$37.72 $53.07
$31.42 $44.23
$29.36 $41.30
$41.10 $57.83
$22.83 $33.73
$31.97 $47.23
$35.93 $50.57
$39.54 $55.65
$43.48 $61.19
1 Hourly pay rates are rounded to the nearest hundredth.
2 Monthly pay rates are rounded to nearest whole dollar.
* Pay rates may vary slightly, due to rounding.
3 Temporary staff/administrative assignments.
MONTHLY PAY RATE 2
MIN MAX
$7,675
$7,676
$8,252
$6,539
$6,539
$5,445
$7,124
$7,124
$5,541
$5,542
$6,229
$6,854
$7,537
$10, 801
$10,801
$11, 611
$9,200
$9,200
$7,666
$10,023
$10,023
$8,186
$8,187
$8,765
$9,647
$10, 606
41 NBFA MOU 2019-2021
AMENDED
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2015 through December 31, 2018
NBFA MOU 2015-2018
TABLE OF CONTENTS
Page
PREAMBLE 1
SECTION 1 - GENERAL PROVISIONS
Recognition 1
Duration of Memorandum 1
Release Time 2
Scope 3
Bulletin Boards 4
Dues Check -off 4
Maintenance of Membership 5
Conclusiveness 5
Modifications 5
Savings 5
Impasse 5
Definitions 6
SECTION 2 - COMPENSATION
SalaryAdjustments - this MOU Period 6
Salary Differential 6
Firefighter — Special Step Increase 7
Probationary Firefighter Training Step 7
Overtime — Hours Worked 8
Required Uniform 9
Scholastic/Certificate Achievement Pay 9
Special Assignment Pay 10
Temporary Upgrading of Employees 11
Paramedic Training 13
Y-Rating 13
Shift Holdover 13
Emergency Recall 13
Bilingual Pay 14
Court Standby Pay 14
Longevity Pay 14
SECTION 3 - LEAVES
Flex Leave 14
Telestaff System 17
Vacation/Sick Leave 17
Holiday Time 17
Bereavement Leave 18
i
Catastrophic Leave 19
Jury Duty 19
Flex Leave Premium Pay Account 19
Worker's Compensation Leave 19
Scheduling of Medical Treatment for Industrial Injuries 20
Reassignment 20
SECTION 4 - FRINGE BENEFITS
Insurance 21
Additional Health Insurance/Programs 22
Employee Assistance Program 23
PERS Retirement Benefit 23
Defined Contribution Plan 27
Retiree Medical Benefit 28
Tuition Reimbursement and Training 32
Fitness Program 33
Physical Conditioning Equipment 34
SECTION 5 - MISCELLANEOUS PROVISIONS
Reduction in Force/Layoffs 34
Discipline Plan 37
Fire Suppression Equipment Staffing Levels 37
EMT Certification 37
No Smoking 37
Life Safety Services Classifications 38
Exposure Log 38
Grievance Procedure 38
48/96 Schedule 38
Consecutive Shifts 38
Paramedic Program 38
EXHIBIT A — Represented Classifications and Pay Rates 41
ii
PREAMBLE
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 of employees in the unit of representation NBFA is
recognized to represent (unit members).
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, 2015 through December 31, 2018 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 2015-2018 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.
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, 2015. This MOU shall remain in
full force and effect until December 31, 2018, and the provisions of this
MOU shall continue after the date of expiration of this MOU in the event
the parties are meeting and conferring on a successor MOU.
1 NBFA MOU 2015-2018
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 December 31, 2018.
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
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off -site meetings, conferences, seminars or
workshops related to matters within the scope of representation;
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
c. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C.c.ii above.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a and b). 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.
3. City grants Unit members the right to engage in the activities described
in subsection 1(c) at any time without reduction to the Release Time
granted in subsection 2.
2 NBFA MOU 2015-2018
4. NBFA shall designate certain members as those members entitled to
release time. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours. 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.
a. The NBFA President shall be entitled to a maximum of 200 hours
per calendar year for appropriate association related business,
excluding time required for the meet and confer process. The
NBFA President shall, at his/her discretion, allocate Release
Time to NBFA Board members or other designates, to a
maximum of 150 hours per year per individual. In the event the
200 hours for the President or 150 hours for other NBFA
designates are insufficient, the President may submit a request
to the Assistant City Manager or designee, with justification, that
additional hours be granted. In no event shall the Association be
granted more than a total of 400 hours per year for all
designates.
5. In addition to City —provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit 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' shall be defined as
accrued flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
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
3 NBFA MOU 2015-2018
the case of the Department SOP's falling within the scope of
representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within
the scope of representation.
When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to 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
1. Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to 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
Unit 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.
4 NBFA MOU 2015-2018
G. Maintenance of Membership
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 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 parties.
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 Unit 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
5 NBFA MOU 2015-2018
mediation pursuant to the procedure outlined in Section 16 of Resolution No.
2001-50 or a successor resolution. Upon request by the Association the
parties will engage in non -binding fact finding pursuant to State law.
L. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is assigned
to work an average 40-hour workweek.
3. The term "line employee" shall mean any unit 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
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the payroll period that includes July 1, 2015, there shall be a base
salary increase of 2.75% for all represented classifications.
2. Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75% for all represented classifications.
3. Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75% for all represented classifications.
4. Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75% for all represented classifications
B. Salary Differential
1. The adjustments to salary and total compensation described in this Section
shall maintain the salary differentials between the classification of
Firefighter (benchmark classification) and the other classifications
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
6 NBFA MOU 2015-2018
compensation, as appropriate, shall be subject to the following minimum
salary differentials between classifications:
Firefighter Series
Percent of
Firefighter
Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Line Captain 132.00%
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains.
2. The Paramedic classification shall be maintained for current unit members
as of January 1, 2016. The salary range for Paramedic will remain set at
22.25% above Firefighter (top step to top step).
Effective upon adoption of this 2015-18 MOU, the City shall establish
Paramedic Premium pay in lieu of the Paramedic classification for
employees in the classification of Firefighter hired after January 1, 2016
who are serving as Paramedics. The Paramedic Premium shall be set at
17.25% above the employee's base salary as a Firefighter and will be
reported to PERS as compensation earnable.
C. Firefighter- 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. .
D. Probationary Firefighter Training Step
Effective January 1, 2016, the City shall establish an entry level Firefighter
Training Step (Step "1 T") that is set 5% below current Firefighter Step 1.
Probationary Firefighters will be placed at the Training Step upon initial
appointment. Upon completion of the NB Fire Recruit Academy, employees
will be eligible to advance to Firefighter Step 1. Probationary employees will
be eligible for advancement to Step 2 following 12 months from date of initial
appointment and upon documented successful performance.
Notwithstanding advancement to Step 2, the probationary period for a new
Firefighter will be 18 months.
7 NBFA MOU 2015-2018
E. Overtime — Hours Worked
1. FLSA Overtime shall consist of authorized hours actually worked in excess
of 91 hours in a 12 day work period as previously established by the City
and as permitted by the United States Department of Labor regulations
pursuant to the FLSA 7(k) exemption. 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 one -and -one-half times the employee's regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay
shall not be considered as hours worked for determining Contract Overtime
eligibility.
Effective January 1, 2017, Contract Overtime shall be calculated based on
the employee's regular rate of pay, less 7%.
Effective upon approval of this Amended Memorandum of Understanding
by the City Council, the rate at which Contract Overtime is calculated shall
not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan
Allowance, or any cash back an employee may receive from the Cafeteria
Plan Allowance by choosing benefits which cost less than the Allowance.
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.
8 NBFA MOU 2015-2018
F 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, uniform jackets
and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap.
City shall not be responsible for providing employee with socks, underwear, or
workout shoes, or other clothing.
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 Chiefs 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.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, the City shall report as pensionable
compensation the value of provided uniforms at $1, 519 annually in accordance
with PERS requirements. The parties agree the reported value of uniforms is
intended to reflect clothing such as pants, shirts, jackets, and related attire and
excludes health and safety related equipment, including safety boots and
turnout gear.
This provision shall not apply to employees who are "new members" as defined
in Government Code Section 7522.04 (f).
G. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
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 unit member to apply for Scholastic and/or
Certificate Achievement Pay. Approval of the unit 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.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon number of units and/or degrees received
by the employee. Unit members hired on and after May 22, 2012 shall be
ineligible for any scholastic pay based upon having obtained units only.
Qualifying units and/or degrees must be awarded by accredited community
9 NBFA MOU 2015-2018
colleges, state colleges or universities. 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. Unit members shall receive scholastic and/or certificate
achievement pay in accordance with the following:
1. Scholastic Pay
College % of Actual Step in
Semester/Unit.' Job Class Ranqe:
30 1.5%/month
60 2.5%/month
90 3.5%/month
120 4.5%/month
A.A./A. S. 3.5%/month
B.A./B. S. 5.5%/month
2. Certificate Pay
Successful completion of coursework for Fire Officer, Company Officer, Fire
Prevention Officer II, or Fire Inspector II shall entitle the member to 3%/month
in Certificate Pay.
H. Special Assignment Pay
The following additional payments shall be made to certain Unit 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.
10 NBFA MOU 2015-2018
2. Prior to establishing an Urban Search and Rescue Team, the City 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.
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. 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 6th 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 +22.25%
Regular rate +5%
Regular rate +9. 75%
Regular rate +5%
Regular rate +5%
Regular rate +9.5%
All leave time 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.
11 NBFA MOU 2015-2018
The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
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 shall be compensated the beginning of the pay
period following the sixth consecutive shift in the salary range of his/her
acting classification at a rate that is at least five (5%) percent higher
than their current rate. 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.
12 NBFA MOU 2015-2018
J. Paramedic Training
Following adoption of this 2015-18 MOU, the City will establish a competitive
process for which up to a maximum of four (4) current Firefighters as of
January 1, 2016, will be selected, based on the operational needs of the Fire
Department, to attend Paramedic school during the term of the MOU. Selected
employees will be compensated at their normal rate of pay while attending
school and during any clinical training. Following completion of school and
clinical training, during the on-the-job training period employees shall receive
5% assignment pay. Following all training, employees will return to their normal
rate of pay until such time as they are selected for Paramedic assignment.
This section shall terminate upon the expiration of this MOU.
Assignment to Paramedic School shall not be construed as assignment to
position for the purposes of probation.
K. 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.
L. Shift Holdover
Unit 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 207(k).
M. 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 Fire Chief, the employee shall receive a
minimum of four (4) hours compensation for the first hour worked and
compensation for time worked thereafter.
13 NBFA MOU 2015-2018
N. 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.
0. Court Standby Pay
Unit 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. Unit 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.
P. Longevity Pay
Years of Service
16 but less than 20
20 but less than 25
25 and over
SECTION 3. - LEAVES
A. Flex Leave
Longevity Pay
1.5%
2.5%
3.5%
1. Unit 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.
14 NBFA MOU 2015-2018
Leave Accrual
Years of Srvc Hrs/Pay Period
Line Employees:
1 but less than 5
5 but less than 9
9 but less than 12
12 and over
9.77
10.69
11.62
12.54
Staff and Non -Safety Employees:
1 but less than 5
5 but Less than 9
9 but less than 12
12 and over
6.97
7.63
8.33
8.95
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.
2. The Flex leave program shall be administered as follows:
a. Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the employee
is terminated or resigns before completing three months of
continuous employment, the member's final check shall be
reduced by an amount equal to the number of Flex leave hours
advanced multiplied by the member's hourly rate of pay.
b. Members employed by the City prior to initiation of the Flex leave
program have had the current accrued vacation time converted
to Flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in the Employee Policy
Manual. Members entitled to use sick leave pursuant to 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
15 NBFA MOU 2015-2018
personnel that the absence should be charged to the member's
flex leave account.
c. 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 was deposited in the members "spillover bank".
Effective January 1, 2016 spillover shall be eliminated and unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
leave benefits because of an industrial disability, hardship or
extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued.
e. Flex leave may be taken in four (4) hour increments.
f. 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).
g. Spillover Bank/Spillover Hours
Effective July 1, 2012, all hours then accrued above the new
accrual cap (52x the bi-weekly accrual rate) were deposited in a
newly -created Spillover Bank and became Spillover Hours. Flex
leave hours that had been used by the employee between July
1, 2012 and December 31, 2012 were drawn from the Spillover
Bank, to the extent the unit member had adequate Spillover
Hours.
Effective January 1, 2013, all remaining Spillover Hours and all
hours turned in for cash conversion were deposited into the
member's MERP account. From January 2, 2013 forward, hours
held in the Spillover Bank were not subject to use by the
employee and were converted, at the member's regular hourly
rate, and deposited into the member's MERP account on an
annual basis.
16 NBFA MOU 2015-2018
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
Due to the conversion of employees to the Flex leave program, former
Vacation and Sick leave accrual provisions are hereby removed and shall be
referenced exclusively in prior MOUs.
D. Holiday Time
1. Line Employees
The provisions of this subsection shall apply only to Unit 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.
Unit 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 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
17 NBFA MOU 2015-2018
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 in lieu of cash payment.
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 Year's 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 City holidays
off at the sole discretion of the Fire Chief. Time will be charged against
the employee's Flex leave bank. Holiday time provided as pay for
employees who are not normally required to work on an approved
holiday because they do not work in positions that require scheduled
staffing without regard to holidays, shall not be reported as special
compensation under California Code of Regulations 571(a)(5).
3. Holiday Time Election
Effective following adoption of the 2015-18 MOU, or as soon thereafter
is practicable, all then current unit members will be provided a one-time
opportunity to change all or a portion of their future annual holiday
benefits to pay or time off. The City will provide a 28-day window (2 pay
periods) for employees to make the new election. Once selected, the
election shall be uniform from year to year. All other elements of the
election shall be as provided in D(1) and (2) above.
E. Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
18 NBFA MOU 2015-2018
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 (terminal illness followed by death is considered one
incident). Leave hours need not be used consecutively, but should occur in
proximate time to the occurrence. Bereavement leave shall be administered in
accordance with the provisions of the Employee Policy Manual. For the
purpose of this section immediate family shall mean an employee's father,
mother, stepfather, stepmother, brother, sister, spouse/domestic partner,
child, stepchild and grandparents, and the employee's spouse/domestic
partner's mother, father, brother, sister, child and grandparent. The provisions
of this Section shall not diminish or reduce any rights a member may have
pursuant to applicable provisions of State or Federal law. An employee
requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
F. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program.
G. Jury Duty
Unit 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.
H. Flex Leave Premium Pay Account
Unit 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.
I. Worker's Compensation Leave
Any Safety unit member who has been incapacitated by reason of any injury
or illness which has been determined to have arisen out of or in the course of
19 NBFA MOU 2015-2018
his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
J. 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.
K. Reassignment
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall automatically convert
the Flex Leave, Bereavement Leave and other benefits from the position
previously held to the newly assigned position provided, 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
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.
20 NBFA MOU 2015-2018
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.
The parties recognize that from January 1, 2015 through December 31,
2015, the City has contributed $1, 274 per month (plus the PERS
minimum contribution) toward the Cafeteria Plan.
Effective the pay issue that includes:
January 1, 2016, the City's contribution towards the Cafeteria Plan will
increase by $150.00 to $1,424 per month (plus the minimum CaIPERS
participating employer's contribution).
January 1, 2017, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,624.00 (plus the minimum CaIPERS
participating employee's contribution).
21 NBFA MOU 2015-2018
On or after July 1, 2017, at the request of either party, the parties shall
meet and confer in good faith to discuss possible changes to the
medical benefit program, or other elements of healthcare services as a
result of the Affordable Healthcare Act (ACA) or changes in law,
provided, however, that any changes to the MOU only may occur by
mutual agreement of the parties.
Unit members who do not 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.
Current employees electing to opt -out of City provided medical
coverage will be eligible to receive a maximum Cafeteria Allowance of
$1,149 per month. Effective the first pay issue in January 2016, the
opt -out Cafeteria Allowance will be $1, 000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
5. 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. 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
22 NBFA MOU 2015-2018
salary of the employee will be reduced by the amount designated by
the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following
provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance cost
in the amount of one (1.0%) percent of base salary. Simultaneously,
the City increased base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees
in $1,000 increments equal to one times the employee's annual salary
up to a maximum of $50,000. At age 70 the City -paid life insurance is
reduced by 50% of the pre-70 amount. This amount remains in effect
until the employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may
access the EAP subject to provider guidelines.
D. PERS Retirement Benefit
1. Retirement Formula
23 NBFA MOU 2015-2018
The City contracts with the California Public Employees Retirement
System ("Ca1PERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits
as follows:
Tier 1 ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall be
3%@50 and the retirement formula for non -safety members shall be
2.5%@ 55, calculated on the basis of the highest consecutive 12 month
period selected by the employee.
Tier 11 ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier 111 ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to
meet for the purpose of renegotiating employee retirement contributions
or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special pays,
and other pays normally reported as pensionable compensation, and
will be made on a pre-tax basis through payroll deduction, to the extent
allowable by the Internal Revenue Code.
a. Safety
Tiers 1 and 11:
24 NBFA MOU 2015-2018
Effective the pay period that includes July 1, 2015, Tier I and 11
members shall contribute the full statutory member contribution,
equal to 9% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 9.75% of pensionable compensation.
Effective the pay period that includes January 1, 2016, Tier 1 and
II members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
1.5% of pensionable compensation of the Employer rate for a
total contribution of 10.5% of pensionable compensation
Effective the pay period that includes January 1, 2017, Tier 1 and
11 members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
2.25% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation
Effective the pay period that includes January 1, 2018, Tier I and
11 members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
3.0% of pensionable compensation of the Employer rate for a
total contribution of 12.0% of pensionable compensation
Tier IIi:
The normal member contribution rate for Tier 1I1 members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations. For FY15-16
and FY16-17, the member contribution is 11.25% and 10.5% of
pensionable compensation respectively.
Effective the pay period that includes January 1, 2017, Tier 11i
members will contribute the full statutory member contribution
equal to 10.5% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier 111 unit
members will contribute the full statutory member contribution,
plus an additional percentage of pensionable compensation of
the Employer rate to achieve a total contribution of 12.0% of
pensionable compensation
b. Non Safety
25 NBFA MOU 2015-2018
The parties recognize that from January 1, 2015 through June 30,
2015, NBFA non -safety members have been paying, in addition
to the member contribution, a portion of the Employer rate under
a Government Code Section 20516(a) cost sharing agreement for
employees in Tier 1, and a Government Code Section 20516(f)
cost sharing agreement for employees in all Tiers. The normal
member rate and the cost sharing rate vary by Tier. However, the
combined contribution rate for each Tier equals 10.9% of
pensionable compensation, as provided in a prior agreement.
Tier I:
Effective the pay period including July 1, 2015, employees shall
contribute an additional .75% of pensionable compensation for a
total employee contribution of 11.65% of pensionable
compensation.
Effective the pay period including January 1, 2016, employees
shall contribute an additional . 70% of pensionable compensation,
for a total employee contribution of 12.35% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42
and 1.93% of pensionable compensation of cost sharing under
Government Code Sections 20516(a) and 20516(f) respectively.
Effective the pay period including January 1, 2017, employees
shall contribute an additional .65% of pensionable compensation
for a total employee contribution of 13.0% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42%
and 2.58% of pensionable compensation as cost sharing under
Government Code Sections 20516(a) and 20516(f) respectively.
Tiers 11 and 11I:
Effective the pay period including July 1, 2015, employees in
Tiers 11 and 111 shall contribute an additional .75% of pensionable
compensation, above the 10.9% in prior agreement, for a total
employee contribution of 11.65% of pensionable compensation.
Effective the pay period including January 1, 2016, employees in
Tiers 11 and 111 shall contribute an additional . 70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation.
Effective the pay period including January 1, 2017, employees in
Tiers 11 and Ill shall contribute an additional .65% of pensionable
26 NBFA MOU 2015-2018
compensation for a total employee contribution of 13.0% of
pensionable compensation.
c. The City's contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
4. Payment by any individual member's normal employee PERS
contributions or amounts contributed pursuant to 20516 (a) or (f) shall
not be reported to PERS as special compensation.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2,7% @ 57 retirement formulae (Tiers II
and III)., Such employees are eligible to participate in a Defined Contribution
plan (Plan), administered by the City or its designee in accordance with said
regulatory agency regulations and laws. The Plan shall continue to 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 PERS 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.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
27 NBFA MOU 2015-2018
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) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan, ie:
MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
28 NBFA MOU 2015-2018
employees within the Association must participate at the same level,
except that Safety members and Non -safety members within an
Association may have different levels. The participation level should be
specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
tax basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that Safety members and Non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term, trend
type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a group
of imminent retirees.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule, which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
29 NBFA MOU 2015-2018
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating employer's
contribution towards medical insurance after retirement. The parties
also agree that, for retirees selecting a CaIPERS medical plan, or any
other plan with a similar employer contribution requirement, the
required City contribution will be withdrawn from the retiree's RHS
account.
30 NBFA MOU 2015-2018
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There
is no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years
(180 months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
31 NBFA MOU 2015-2018
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that there
is no cost share requirement, and the $400 City contribution after
retirement can be used for any IRS authorized purpose, not just
City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each retiree
in this category, and the City will contribute $400 per month to each
account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1% of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part B).
G. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
1. College Courses
Unit members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees or other student
expenses for approved job —related courses. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade "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.
32 NBFA MOU 2015-2018
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
Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
2. Non -College Courses
Unit 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 — 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.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
33 NBFA MOU 2015-2018
Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $25, 000 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness
equipment. Up to $10,000 may be carried over to a 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 unit 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
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.
34 NBFA MOU 2015-2018
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.
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
35 NBFA MOU 2015-2018
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification
are subject to layoff and have the same seniority, the employees
shall be laid off in inverse order of their position on the eligibility
list or lists from which they were appointed. In the event at least
one of the employees was not appointed from an eligibility list,
the Department Director shall determine the employee(s) to be
laid off.
3. Notice
Employees subject to 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.
36 NBFA MOU 2015-2018
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 three
(3) fire suppression personnel on one truck company and four (4) fire
suppression personnel on the second truck company. The Fire Chief or
designee shall have the discretion to add a fourth fire suppression personnel
to the truck company staffed with three fire suppression personnel on a regular
or overtime i.e. "backfill" basis, based on operational needs, for a minimum 12
hour period. However, nothing contained herein shall be construed as altering
the existing 24 hour shift for fire suppression employees.
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 Toss 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.
37 NBFA MOU 2015-2018
F. Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications shall
remain in effect for the term of this agreement.
G. Exposure Loci
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.
I. 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.
J. Consecutive Shifts
Effective concurrent with this 2015-18 MOU, unit members shall be limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hour shift. A fifth consecutive shift
may be permitted with Battalion Chief approval based upon operational needs.
K. Paramedic Program
Effective September 2015, the Newport Beach Fire Department, along with
Huntington Beach and Fountain Valley Fire Departments, are participating in
a State Community Paramedicine Pilot Study. This portion of the study utilizes
specially trained community paramedics to triage and transport patients to
alternate destinations. A patient of low acuity status that meets the pre-
determined criteria would be transported to an alternative destination such as
an urgent care clinic.
The goals and objectives of this pilot study test the feasibility to relieve
overcrowding of emergency departments and improving patient care and
efficiency by transporting patients to appropriate destinations.
At the conclusion of the study, should the results indicate a change in staffing,
both parties agree to meet and confer in good faith on any changes that may
38 NBFA MOU 2015-2018
affect unit members, provided that no such changes prior to the expiration of
the MOU can occur without mutual agreement.
In addition, effective January 1, 2018, the parties agree to reopen the MOU to
meet and confer on City proposals regarding alternative staffing models for
Paramedics and related matters, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
Signatures are on the next page.
39 NBFA MOU 2015-2018
ATTEST:
B
41
Executed this 11 day of felbg.uYAle,`j , 2018.
Leilani Brown, City Clerk
Attachment:
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By: ,(-�1�—
Bob by Salerno, NBFA President
CITY OF NEWPORT BEACH
By:
Duffie d; ayor
Peter J. `: rown, Special Counsel
EXHIBIT A - NBFA Represented Classifications and Pay Rates
40 NBFA MOU 2015-2018
Exhibit A
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
2015 - 2018
Effective July 1, 2015 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Effective January 1, 2016 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Hourly Pay Rate
Min Max
$27.48 $38.66
$41.34 $58.17
$23.41 $32.93
$27.29 $38.38
$25.50 $35.85
$35.69 $50.17
$20.83 $29.28
$29.16 $40.99
$31.22 $43.88
$34.35 $48.34
$37.77 $53.15
Hourly Pay Rate
Min Max
$28.24
$42.48
$24.05
$28.04
$26.20
$36.67
$21.40
$29.96
$32.08
$35.29
$38.81
41
$39.72
$59.77
$33.84
$39.44
$36.84
$51.55
$30.09
$42.12
$45.09
$49.67
$54.61
Monthly Pay Rate
Min Max
$6,668 $9,381
$7,166 $10,083
$5,681 $7,991
$4,730 $6,653
$6,188 $8,700
$6,186 $8,696
$5,055 $7,105
$5,054 $7,105
$5,411 $7,606
$5,954 $8,379
$6,547 $9,213
Monthly Pay Rate
Min Max
$6,852 $9,639
$7,363 $10,360
$5,837 $8,211
$4,860 $6,835
$6,358 $8,939
$6,356 $8,935
$5,194 $7,301
$5,193 $7,300
$5,560 $7,815
$6,118 $8,609
$6,727 $9,466
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
2015 - 2018
Effective January 1, 2017 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Effective January 1, 2018 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Hourly Pay Rate
Min Max
$29.01 $40.82
$43.64 $61.41
$24.72 $34.77
$28.81 $40.52
$26.92 $37.85
$37.68 $52.97
$21.99 $30.91
$30.79 $43.28
$32.96 $46.33
$36.27 $51.04
$39.88 $56.11
Hourly Pay Rate
Min Max
$29.81 $41.94
$44.85 $63.10
$25.39 $35.72
$29.60 $41.63
$27.66 $38.89
$38.72 $54.42
$22.60 $31.76
$31.63 $44.47
$33.87 $47.60
$37.26 $52.44
$40.97 $57.66
42
Monthly Pay Rate
Min Max
$7,040 $9,905
$7,565 $10,645
$5,998 $8,437
$4,994 $7,023
$6,533 $9,185
$6,531 $9,181
$5,337 $7,501
$5,336 $7,501
$5,713 $8,030
$6,286 $8,846
$6,912 $9,726
Monthly Pay Rate
Min Max
$7,234 $10,177
$7,773 $10,938
$6,163 $8,669
$5,131 $7,217
$6,713 $9,437
$6,711 $9,433
$5,483 $7,708
$5,483 $7,707
$5,870 $8,251
$6,459 $9,089
$7,102 $9,994
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2015 through December 31, 2018
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 of employees in the unit of
representation NBFA is recognized to represent (unit members).
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, 2015 through December 31, 2018 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 2015-2018 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.
1 NBFA MOU 2015-2018
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, 2015. This MOU shall remain in
full force and effect until December 31, 2018, and the provisions of
this MOU shall continue after the date of expiration of this MOU in the
event the parties are meeting and conferring on a successor MOU.
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 December 31, 2018.
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
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off -site meetings, conferences, seminars or
workshops related to matters within the scope of
representation;
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
c. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process,
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C.c.ii above.
2 NBFA MOU 2015-2018
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a and b). 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.
3. City grants Unit members the right to engage in the activities
described in subsection 1(c ) 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. Designates must give reasonable advance notice to,
and obtain permission from, their supervisor prior to use of release
time, or, prior to adjusting work hours. 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.
a. The NBFA President shall be entitled to a maximum of 200
hours per calendar year for appropriate association related
business, excluding time required for the meet and confer
process. The NBFA President shall, at his/her discretion,
allocate Release Time to NBFA Board members or other
designates, to a maximum of 150 hours per year per individual.
In the event the 200 hours for the President or 150 hours for
other NBFA designates are insufficient, the President may
submit a request to the Assistant City Manager or designee,
with justification, that additional hours be granted. In no event
shall the Association be granted more than a total of 400 hours
per year for all designates.
5. In addition to City —provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit 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' shall be defined as accrued flex leave.
3 NBFA MOU 2015-2018
6. There is no entitlement to release time for any matter not set forth
above.
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.
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
1. Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to 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.
4 NBFA MOU 2015-2018
F. Dues Check -off
Unit 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.
G. Maintenance of Membership
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 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.
I. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification
of any of the terms or provisions of this MOU shall not be binding upon the
parties unless contained in a written document executed by authorized
representatives of the parties.
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
5 NBFA MOU 2015-2018
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 Unit 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. Upon request by the Association the
parties will engage in non -binding fact finding pursuant to State law.
L. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is
assigned to work an average 40-hour workweek.
3. The term "line employee" shall mean any unit 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
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the payroll period that includes July 1, 2015, there shall be a
base salary increase of 2.75% for all represented classifications.
2. Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75% for all represented classifications.
3. Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75% for all represented classifications.
4. Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75% for all represented classifications
6 NBFA MOU 2015-2018
B. Salary Differential
1. The adjustments to salary and total compensation described in this
Section shall maintain the salary differentials between the classification of
Firefighter (benchmark classification) and the other classifications
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 minimum
salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Line Captain 132.00%
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains.
2. The Paramedic classification shall be maintained for current unit
members as of January 1, 2016. The salary range for Paramedic will
remain set at 22.25% above Firefighter (top step to top step).
Effective upon adoption of this 2015-18 MOU, the City shall establish
Paramedic Premium pay in lieu of the Paramedic classification for
employees in the classification of Firefighter hired after January 1, 2016
who are serving as Paramedics. The Paramedic Premium shall be set at
17.25% above the employee's base salary as a Firefighter and will be
reported to PERS as compensation earnable.
C. Firefighter- 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. .
D. Probationary Firefighter Training Step
Effective January 1, 2016, the City shall establish an entry level Firefighter
Training Step (Step "1 T') that is set 5% below current Firefighter Step 1.
Probationary Firefighters will be placed at the Training Step upon initial
appointment. Upon completion of the NB Fire Recruit Academy, employees
7 NBFA MOU 2015-2018
will be eligible to advance to Firefighter Step 1. Probationary employees will
be eligible for advancement to Step 2 following 12 months from date of initial
appointment and upon documented successful performance.
Notwithstanding advancement to Step 2, the probationary period for a new
Firefighter will be 18 months.
E. Overtime — Hours Worked
1. FLSA Overtime shall consist of authorized hours actually worked in
excess of 91 hours in a 12 day work period as previously established by
the City and as permitted by the United States Department of Labor
regulations pursuant to the FLSA 7(k) exemption. 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 one -and -one-half times the employee's regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay
shall not be considered as hours worked for determining Contract
Overtime eligibility.
Effective January 1, 2017, Contract Overtime shall be calculated based
on the employee's regular rate of pay, less 7%.
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.
8 NBFA MOU 2015-2018
F. 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,
uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirt, ,
and baseball cap. City shall not be responsible for providing employee with
socks, underwear, or workout shoes, or other clothing.
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 Chiefs 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.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, the City shall report as pensionable
compensation the value of provided uniforms at $1,519 annually in
accordance with PERS requirements. The parties agree the reported value of
uniforms is intended to reflect clothing such as pants, shirts, jackets, and
related attire and excludes health and safety related equipment, including
safety boots and turnout gear.
This provision shall not apply to employees who are "new members" as
defined in Government Code Section 7522.04 (f).
G. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
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 unit member to apply for Scholastic
and/or Certificate Achievement Pay. Approval of the unit 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.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon years of service and number of units
and/or degrees received by the employee. Unit members hired on and after
May 22, 2012 shall be ineligible for any scholastic pay based upon having
obtained units only. Qualifying units and/or degrees must be awarded by
9 NBFA MOU 2015-2018
accredited community colleges, state colleges or universities. 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. Unit members shall receive
scholastic and/or certificate achievement pay in accordance with the
following:
1. 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
2 or more A.A./A.S. 3.5%/month
2 or more B.A./B.S. 3.5%/month
4 B.A./B.S. 5.5%/month
2. Certificate Pay
Successful completion of coursework for Fire Officer, Company Officer, Fire
Prevention Officer II, or Fire Inspector II shall entitle the member to
3%/month in Certificate Pay.
H. Special Assignment Pay
The following additional payments shall be made to certain Unit 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.
10 NBFA MOU 2015-2018
2. Prior to establishing an Urban Search and Rescue Team, the City 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.
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.
I. Temporary Upgrading of Employees
1. 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 6th 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 +22.25%
Regular rate +5%
Regular rate +9.75%
Regular rate +5%
Regular rate +5%
Regular rate +9.5%
All leave time 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
11 NBFA MOU 2015-2018
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
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 shall be compensated the beginning of the pay
period following the sixth consecutive shift in the salary range of
his/her acting classification at a rate that is at least five (5%) percent
higher than their current rate. 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.
12 NBFA MOU 2015-2018
J. Paramedic Training
Following adoption of this 2015-18 MOU, the City will establish a competitive
process for which up to a maximum of four (4) current Firefighters as of
January I, 2016, will be selected, based on the operational needs of the Fire
Department, to attend Paramedic school during the term of the MOU.
Selected employees will be compensated at their normal rate of pay while
attending school and during any clinical training. Following completion of
school and clinical training, during the on-the-job training period employees
shall receive 5% assignment pay. Following all training, employees will return
to their normal rate of pay until such time as they are selected for Paramedic
assignment. This section shall terminate upon the expiration of this MOU.
Assignment to Paramedic School shall not be construed as assignment to
position for the purposes of probation.
K. 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 Tess than the maximum of the
new class, the salary and merit increase eligibility date of the employee shall
not change.
L. Shift Holdover
Unit 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).
M. 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 Fire Chief, the employee shall receive a
13 NBFA MOU 2015-2018
minimum of four (4) hours compensation for the first hour worked and
compensation for time worked thereafter.
N. 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.
O. Court Standby Pay
Unit 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. Unit members shall, when required to
appear in court pursuant to a Subpoena or the direction of their supervisor to
testify at to matters relating to their employment with the City, be considered
to be on duty and shall be paid accordingly. Members shall remit all witness
fees received for testifying or appearing on any matter for which the member
is eligible to receive court standby time.
SECTION 3. - LEAVES
A. Flex Leave
1. Unit 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 Srvc Hrs/Pay Period Increase
Line Employees:
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
9.77
10.69
11.62
12.54
12.54
12.54
12.54
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
14 NBFA MOU 2015-2018
Staff and Non -Safety Employees:
1 but less than 5 6.97
5 but less than 9
9 but Tess than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
7.63
8.33
8.95
8.95
8.95
8.95
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
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.
2. The Flex leave program shall be administered as follows:
a. Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period
of three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the
employee is terminated or resigns before completing three
months of continuous employment, the member's final check
shall be reduced by an amount equal to the number of Flex
leave hours advanced multiplied by the member's hourly rate of
pay.
b. Members employed by the City prior to initiation of the Flex
leave program have had the current accrued vacation time
converted to Flex leave on an hour for hour basis with the
current sick leave placed in a bank to be used as provided in
the Employee Policy Manual. Members entitled to use sick
leave pursuant to 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.
c. 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.
15 NBFA MOU 2015-2018
Effective July 1, 2012, earned leave in excess of the maximum
permitted was deposited in the members "spillover bank".
Effective January I, 2016 spillover shall be eliminated and unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to
use leave benefits because of an industrial disability, hardship
or extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued.
e. Flex leave may be taken in four (4) hour increments.
f. 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).
g. Spillover Bank/Spillover Hours
Effective July 1, 2012, all hours then accrued above the new
accrual cap (52x the bi-weekly accrual rate) were deposited in
a newly -created Spillover Bank and became Spillover Hours.
Flex leave hours that had been used by the employee between
July 1, 2012 and December 31, 2012 were drawn from the
Spillover Bank, to the extent the unit member had adequate
Spillover Hours.
Effective January 1, 2013, all remaining Spillover Hours and all
hours turned in for cash conversion were deposited into the
member's MERP account. From January 2, 2013 forward,
hours held in the Spillover Bank were not subject to use by the
employee and were 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
16 NBFA MOU 2015-2018
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
Due to the conversion of employees to the Flex leave program, former
Vacation and Sick leave accrual provisions are hereby removed and shall be
referenced exclusively in prior MOUs.
D. Holiday Time
1. Line Employees
The provisions of this subsection shall apply only to Unit 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. Unit 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 Account on a biweekly
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.
17 NBFA MOU 2015-2018
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 in lieu of cash payment.
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 Year's 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 City
holidays off at the sole discretion of the Fire Chief. Time will be
charged against the employee's Flex leave bank. Holiday time
provided as pay for employees who are not normally required to work
on an approved holiday because they do not work in positions that
require scheduled staffing without regard to holidays, shall not be
reported as special compensation under California Code of
Regulations 571(a)(5).
3. Holiday Time Election
Effective following adoption of the 2015-18 MOU, or as soon
thereafter is practicable, all then current unit members will be provided
a one-time opportunity to change all or a portion of their future annual
holiday benefits to pay or time off. The City will provide a 28-day
window (2 pay periods) for employees to make the new election.
Once selected, the election shall be uniform from year to year. All
other elements of the election shall be as provided in D(1) and (2)
above.
E. Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
an employee having a regular or probationary appointment because of a
death or terminal illness in his/her immediate family. Staff 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 (terminal illness followed by death is
considered one incident). Leave hours need not be used consecutively, but
should occur in proximate time to the occurrence. Bereavement leave shall
be administered in accordance with the provisions of the Employee Policy
18 NBFA MOU 2015-2018
Manual. For the purpose of this section immediate family shall mean an
employee's father, mother, stepfather, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparents, and the
employee's spouse/domestic partner's mother, father, brother, sister, child
and grandparent. The provisions of this Section shall not diminish or reduce
any rights a member may have pursuant to applicable provisions of State or
Federal law. An employee requesting bereavement leave shall notify his/her
supervisor as soon as possible of the need to take leave.
F Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program.
G. Jury Duty
Unit 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.
H. Flex Leave Premium Pay Account
Unit 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.
I. Worker's Compensation Leave
Any Safety unit member who has been incapacitated by reason of any injury
or illness which has been determined to have arisen out of or in the course of
his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of
California.
19 NBFA MOU 2015-2018
J. 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.
K. Reassignment
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall automatically convert
the Flex Leave, Bereavement Leave and other benefits from the position
previously held to the newly assigned position provided, 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 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.
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
20 NBFA MOU 2015-2018
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.
The parties recognize that from January 1, 2015 through December
31, 2015, the City has contributed $1,274 per month (plus the PERS
minimum contribution) toward the Cafeteria Plan.
Effective the pay issue that includes:
January 1, 2016, the City's contribution towards the Cafeteria Plan will
increase by $150.00 to $1,424 per month (plus the minimum CaIPERS
participating employer's contribution).
January 1, 2017, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,624.00 (plus the minimum CaIPERS
participating employee's contribution).
On or after July 1, 2017, at the request of either party, the parties shall
meet and confer in good faith to discuss possible changes to the
medical benefit program, or other elements of healthcare services as
a result of the Affordable Healthcare Act (ACA) or changes in law,
provided, however, that any changes to the MOU only may occur by
mutual agreement of the parties.
Unit members who do not 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
21 NBFA MOU 2015-2018
responsibility or liability to provide medical insurance coverage on an
annual basis.
Current employees electing to opt -out of City provided medical
coverage will be eligible to receive a maximum Cafeteria Allowance of
$1,149 per month. Effective the first pay issue in January 2016, the
opt -out Cafeteria Allowance will be $1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part
of the City's health plan offerings as agreed upon by the Benefits
Information Committee.
5. 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.
Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as
child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions of
Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be reduced
by the amount designated by the employee for reimbursable
expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the following
provisions:
Weekly Benefit 66.67% gross weekly wages
22 NBFA MOU 2015-2018
Maximum Benefit $10,000/month
Minimum Benefit $15 (STD) and $100 (LTD)
Waiting Period 30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance cost
in the amount of one (1.0%) percent of base salary. Simultaneously,
the City increased base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees
in $1,000 increments equal to one times the employee's annual salary
up to a maximum of $50,000. At age 70 the City -paid life insurance is
reduced by 50% of the pre-70 amount. This amount remains in effect
until the employee retires from City employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family members
may access the EAP subject to provider guidelines.
D. PERS Retirement Benefit
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS') to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement
benefits as follows:
Tier 1 ("Legacy'): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall
be 3%@50 and the retirement formula for non -safety members shall
be 2.5%@ 55, calculated on the basis of the highest consecutive 12
month period selected by the employee.
23 NBFA MOU 2015-2018
Tier 11 ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(t), the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier Ill ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36
month period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should
any such provision be deemed invalid, the City and Association agree
to meet for the purpose of renegotiating employee retirement
contributions or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special
pays, and other pays normally reported as pensionable compensation,
and will be made on a pre-tax basis through payroll deduction, to the
extent allowable by the Internal Revenue Code.
a. Safety
Tiers I and II:
Effective the pay period that includes July 1, 2015, Tier I and ll
members shall contribute the full statutory member contribution,
equal to 9% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 9.75% of pensionable compensation.
Effective the pay period that includes January 1, 2016, Tier i and
ll members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
1.5% of pensionable compensation of the Employer rate for a
total contribution of 10.5% of pensionable compensation
Effective the pay period that includes January 1, 2017, Tier I and
11 members will contribute the full statutory member contribution
24 NBFA MOU 2015-2018
equal to 9% of pensionable compensation, plus an additional
2.25% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation
Effective the pay period that includes January 1, 2018, Tier 1 and
II members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
3.0% of pensionable compensation of the Employer rate for a
total contribution of 12.0% of pensionable compensation
Tier 111:
The normal member contribution rate for Tier Ill members is
50% of the total normal cost and is calculated annually for
possible adjustments as provided in the PERS valuations. For
FY15-16 and FY16-17, the member contribution is 11.25% and
10.5% of pensionable compensation respectively.
Effective the pay period that includes January 1, 2017, Tier ill
members will contribute the full statutory member contribution
equal to 10.5% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier 111
unit members will contribute the full statutory member
contribution, plus an additional percentage of pensionable
compensation of the Employer rate to achieve a total
contribution of 12.0% of pensionable compensation
b. Non Safety
The parties recognize that from January 1, 2015 through June
30, 2015, NBFA non -safety members have been paying, in
addition to the member contribution, a portion of the Employer
rate under a Government Code Section 20516(a) cost sharing
agreement for employees in Tier 1, and a Government Code
Section 20516(f) cost sharing agreement for employees in all
Tiers. The normal member rate and the cost sharing rate vary by
Tier. However, the combined contribution rate for each Tier
equals 10.9% of pensionable compensation, as provided in a
prior agreement.
Tier 1:
Effective the pay period including July 1, 2015, employees shall
contribute an additional .75% of pensionable compensation for a
25 NBFA MOU 2015-2018
total employee contribution of 11.65% of pensionable
compensation.
Effective the pay period including January 1, 2016, employees
shall contribute an additional .70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation, broken down as follows: 8.0% of
pensionable compensation of the required member contribution
and 2.42% and 1.93% of pensionable compensation of cost
sharing under Government Code Sections 20516(a) and
2O516(0 respectively.
Effective the pay period including January 1, 2017, employees
shall contribute an additional .65% of pensionable compensation
for a total employee contribution of 13.0% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42%
and 2.58% of pensionable compensation as cost sharing under
Government Code Sections 2O516(a) and 20516(0 respectively.
Tiers 11 and 111:
Effective the pay period including July 1, 2015, employees in
Tiers 11 and Ill shall contribute an additional .75% of pensionable
compensation, above the 10.9% in prior agreement, for a total
employee contribution of 11.65% of pensionable compensation.
Effective the pay period including January 1, 2016, employees in
Tiers !I and 111 shall contribute an additional .70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation.
Effective the pay period including January 1, 2017, employees in
Tiers 11 and 111 shall contribute an additional .65% of pensionable
compensation for a total employee contribution of 13.0% of
pensionable compensation.
c. The City's contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
26 NBFA MOU 2015-2018
4. Payment by any individual member's normal employee PERS
contributions or amounts contributed pursuant to 20516 (a) or (f) shall
not be reported to PERS as special compensation.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers
II and III)., Such employees are eligible to participate in a Defined
Contribution plan (Plan), administered by the City or its designee in
accordance with said regulatory agency regulations and laws. The Plan
shall continue to 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 PERS 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.
F. Retiree Medical Benefit
1. Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2005 was
Tess than 50 (46 for public safety employees).
c. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for
public safety employees) as of January 1, 2005.
27 NBFA MOU 2015-2018
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) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan,
ie: MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory
employee contributions or City paid employer contributions, so they
are not taxable to employees at the time of deposit. Earnings from
investment of funds in the account are not taxable when posted to the
account. Benefit payments are not taxable when withdrawn, because
the plan requires that all distributions be spent for specified health
care purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of
Salary.
Part B contributions (employer contributions): $2.50 per month for
each year of service plus year of age (updated every January 1st
based on status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non -safety members within an
Association may have different levels. The participation level should
be specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
28 NBFA MOU 2015-2018
tax basis. The remaining 50% would be paid in cash as taxable
income. Individual employees would not have the option to deviate
from this breakout.
The Association has decided to participate in Part C contributions at
the level of zero percent (0%) Flex. This amount may be changed, on
a go forward basis, as part of a future meet and confer process.
However, the participation level must be the same for all employees
within the Association except that Safety members and Non -safety
members within an Association may have different levels.
Additionally, the purpose and focus of these changes should be
toward long-term, trend type adjustments. Due to IRS restrictions
regarding "constructive receipt," the City will impose restrictions
against frequent spikes or drops that appear to be tailored toward
satisfying the desires of a group of imminent retirees.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule, which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes).
Sick leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility
for Part B contributions is set at five years of vested City employment.
At that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly.
Part C deposits, if any, will be made at the time of employment
separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
29 NBFA MOU 2015-2018
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these
purposes, distributions from the RHS accounts will not be taxable.
Cash withdrawal for any other purpose is prohibited. Under recent
IRS Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CaIPERS medical
plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from the
retiree's RHS account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
30 NBFA MOU 2015-2018
Employees in Category 2 who had less than five years' service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years total service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There
is no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time
City contribution of $75 per month for every month they contributed to
the previous plan prior to January 1, 2006, up to a maximum of 15
years (180 months). This contribution will be made to the RHS
account at the time of retirement, and only if the employee retires from
the City. No interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that
there is no cost share requirement, and the $400 City
contribution after retirement can be used for any IRS authorized
purpose, not just City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each
retiree in this category, and the City will contribute $400 per month to
each account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program.
The contract expense for program -wide administration by the vendor
will be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for
trades, will be paid by each employee.
31 NBFA MOU 2015-2018
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1 % of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part
B).
G. Tuition Reimbursement and Training
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
1. College Courses
Unit members attending accredited community colleges, colleges,
trade schools or universities may apply for reimbursement of one
hundred percent (100%) of the actual cost of tuition, books, fees or
other student expenses for approved job —related courses.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade "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 Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
2. Non -College Courses
Unit 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.
32 NBFA MOU 2015-2018
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 — 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.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
I. Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in
maintaining physical fitness. City shall budget $25,000 per year for
the acquisition, maintenance, repair, improvement, or replacement of
fitness equipment. Up to $10,000 may be carried over to a 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 unit 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.
33 NBFA MOU 2015-2018
SECTION 5. — Miscellaneous Provisions
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines
that a reduction in the work force is warranted because of actual or
anticipated reductions in revenue, reorganization of the work force, a
reduction in municipal services, a reduction in the demand for service or
other reasons unrelated to the performance of duties by any specific
employee. Reductions in force are to be accomplished, to the extent
feasible, on the basis of seniority within a particular Classification or Series
and this Section should be interpreted accordingly.
1. Definitions
a. 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.
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
34 NBFA MOU 2015-2018
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.
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.
35 NBFA MOU 2015-2018
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.
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 three (3) fire suppression personnel on one truck company and
four (4) fire suppression personnel on the second truck company. The Fire
Chief or designee shall have the discretion to add a fourth fire suppression
36 NBFA MOU 2015-2018
personnel to the truck company staffed with three fire suppression personnel
on a regular or overtime i.e. "backfill" basis, based on operational needs, for
a minimum 12 hour period. However, nothing contained herein shall be
construed as altering the existing 24 hour shift for fire suppression
employees.
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. Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications
shall remain in effect for the term of this agreement.
G. Exposure Loq
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
37 NBFA MOU 2015-2018
procedure shall be the City Manager. The City Manager shall render the final
and binding grievance determination.
I. 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.
J. Consecutive Shifts
Effective concurrent with this 2015-18 MOU, unit members shall be limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hour shift. A fifth consecutive shift
may be permitted with Battalion Chief approval based upon operational
needs.
K. Paramedic Program
Effective September 2015, the Newport Beach Fire Department, along with
Huntington Beach and Fountain Valley Fire Departments, are participating in
a State Community Paramedicine Pilot Study. This portion of the study
utilizes specially trained community paramedics to triage and transport
patients to alternate destinations. A patient of low acuity status that meets
the pre -determined criteria would be transported to an alternative destination
such as an urgent care clinic.
The goals and objectives of this pilot study test the feasibility to relieve
overcrowding of emergency departments and improving patient care and
efficiency by transporting patients to appropriate destinations.
At the conclusion of the study, should the results indicate a change in
staffing, both parties agree to meet and confer in good faith on any changes
that may affect unit members, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
In addition, effective January 1, 2018, the parties agree to reopen the MOU
to meet and confer on City proposals regarding alternative staffing models for
Paramedics and related matters, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
Signatures are on the next page.
38 NBFA MOU 2015-2018
174
Executed this day of January, 2016.
ATTEST:
CC
By: OA
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By: /6
Bobby Salerno, NBFA President
CITY OF NEWPORT BEACH
By:
Leilani Brown, City Clerk
APPROVED AS TO FORM:
VU
Diane B. Dixon, Mayor
Aaron Harp, City Attorney t (i ct(Iv
Attachment: Exhibit "A" NBFA Represented Classifications and Pay Rates
39 NBFA MOU 2015-2018
Exhibit A
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
2015 - 2018
Effective July 1, 2015 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Effective January 1, 2016 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist
Life Safety Specialist II
Life Safety Specialist III
Hourly Pay Rate
Min Max
$27.48 $38.66
$41.34 $58.17
$23.41 $32.93
$27.29 $38.38
$25.50 $35.85
$35.69 $50.17
$20.83 $29.28
$29.16 $40.99
$31.22 $43.88
$34.35 $48.34
$37.77 $53.15
Hourly Pay Rate
Min Max
$28.24 $39.72
$42.48 $59.77
$24.05 $33.84
$28.04 $39.44
$26.20 $36.84
$36.67 $51.55
$21.40 $30.09
$29.96 $42.12
$32.08 $45.09
$35.29 $49.67
$38.81 $54.61
40
Monthly Pay Rate
Min Max
$6,668
$7,166
$5,681
$4,730
$6,188
$6,186
$5,055
$5,054
$5,411
$5,954
$6,547
$9,381
$10,083
$7,991
$6,653
$8,700
$8,696
$7,105
$7,105
$7,606
$8,379
$9,213
Monthly Pay Rate
Min Max
$6,852 $9,639
$7,363 $10,360
$5,837 $8,211
$4,860 $6,835
$6,358 $8,939
$6,356 $8,935
$5,194 $7,301
$5,193 $7,300
$5,560 $7,815
$6,118 $8,609
$6,727 $9,466
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
2015 - 2018
Effective January 1, 2017 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Effective January 1, 2018 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Hourly Pay Rate
Min Max
$29.01 $40.82
$43.64 $61.41
$24.72 $34.77
$28.81 $40.52
$26.92 $37.85
$37.68 $52.97
$21.99 $30.91
$30.79 $43.28
$32.96 $46.33
$36.27 $51.04
$39.88 $56.11
Hourly Pay Rate
Min Max
$29.81
$44.85
$25.39
$29.60
$27.66
$38.72
$22.60
$31.63
$33.87
$37.26
$40.97
$41.94
$63.10
$35.72
$41.63
$38.89
$54.42
$31.76
$44.47
$47.60
$52.44
$57.66
Monthly Pay Rate
Min
$7,040
$7,565
$5,998
$4,994
$6,533
$6,531
$5,337
$5,336
$5,713
$6,286
$6,912
Max
$9,905
$10,645
$8,437
$7,023
$9,185
$9,181
$7,501
$7,501
$8,030
$8,846
$9,726
Monthly Pay Rate
Min
$7,234
$7,773
$6,163
$5,131
$6,713
$6,711
$5,483
$5,483
$5,870
$6,459
$7,102
Max
$10,177
$10,938
$8,669
$7,217
$9,437
$9,433
$7,708
$7,707
$8,251
$9,089
$9,994
41
Side Letter Agreement to the Memoranda of Understanding between the City of
Newport Beach and the Newport Beach City Employees Association, Newport
Beach Firefighters Association (for non -safety employees), Newport Beach
Professional and Technical Employees Association and the Part -Time Employees
Association of Newport Beach, as well as Unrepresented Employees
The undersigned Associations and City have jointly agreed to modify the Hours of
Operation for City Facilities from Wednesday, December 24, 2014, through Thursday,
January 1, 2015. The proposed days/hours of operation for each department are
included on Attachment B. The City Manager shall determine the manner in which the
City Hall campus and other facilities shall remain open on December 24 and 31, 2014
(partial or full day closure). Any employee, full-time or part-time, seeking to work
outside of the schedule must first receive approval from the Department Director, in
order to plan for access to the building. Emergency conditions requiring the activation
of the Emergency Operations Center shall render this agreement invalid. The following
payroll/timecard guidelines pertain to regular, full-time employees only and will not
address every individual's circumstance, which should be discussed with the
employee's Department Director.
1. Employees with leave time available shall first be required to use FlexNacation
Leave, Administrative Leave or Compensatory Time for days/hours not covered
by Holiday Pay.
2. If an employee has insufficient leave time available, Leave Without Pay will be
used for any time off not covered by the employee.
3. In order to be eligible for the holiday pay benefit, an employee must be in paid
status prior to and immediately following each holiday.
4. All other provisions of the Employee Policy Manual or applicable Memoranda of
Understanding will remain in full force and effect.
This agreement will assist in lowering the City's paid leave liability and provide savings
in utilities/other maintenance costs. This agreement shall not apply to public safety or to
essential functions that operate on a "24/7" basis, regardless of scheduled holidays
designated by existing MOUs and authorized for unrepresented employee groups.
With the adoption of this Side Letter, well in advance of the holiday, employees should
have adequate time to make arrangements for scheduling, coverage, and public
notification.
Page 1 of 2
Hours of Operation for City Facilities December 24, 2014, through January 1, 2015
July 22, 2014
i-L'
Executed this 26tday of
11//'(' ,2014.
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
Newport Beach City Employees
Association
Teri Craig, President
Newport Beach Firefighters Association
(N-S)
Bobby Salerno, President
Key & Management Group
(Unrepresented)
Newport Beach Employees League
\ � 1 CR
Chris Auger, President,
Part -Time Employees Association of
NB
1;7112cn .
Amy M'yfiard, Picdsident
Professional/Technical Employees
Association
Fern` N°ueno, President
FOR THE CITY OF NEWPORT BEACH:
Newport Beach City Employees
Association
^
ush N. Hill, II, Mayor
Approved as to Form:
tyi Harp, City Attorney
Attest:
Leilani Brown, City Clerk
Page 2 of 2
Hours of Operation for City Facilities December 24, 2014, through January 1, 2015
July 22, 2014
Side Letter Agreement to the Memoranda of Understanding between the City of
3 Newport Beach and the Newport Beach City Employees Association, the Newport
Beach Employees League, the Newport Beach Firefighters Association (far non -safety
employees), the Newport Beach Professional and Technical Employees Association,
the Part Time Employees Association of Newport Beach, the Newport Beach Fire
Management Association (for Administrative staff) as well as Unrepresented
Employees
In past years, the City and its employee associations have agreed to close City Hall during
the winter holidays, between Christmas Eve and New Year's Day. The undersigned
Associations and City have jointly agreed to close City Hall and other non -essential facilities
and functions for Fiscal Year 2013/14. Beginning at noon on December 24, 2013 through
January 1, 2014, City Hall and other off -site facilities will be closed to the public. City Hall and
other off -site facilities will reopen on January 2, 2014. Facility closures shall be cost neutral
to the City and will not result in additional paid days/hours off for employees. The City and the
undersigned also agree that staff located at City Hall and other nonessential employees will
only have the option to work during this period if specifically authorized or required to do so
by the Department Director, Emergency Conditions requiring the activation of the Emergency
Operations Center shall render this agreement invalid. The following guidelines will be
applied to the closure:
1. For Regular full-time employees, the City Hall closure will result in a maximum of
31/2 days that are required for employees to use flexible leave, vacation leave,
administrative leave or compensatory time during the holiday closure (Thursday
12/26, Friday 12/27, Monday 12/30 and half day Tuesday 12/31). Employees on a
9/80 work schedule whose regular day off occurs during the closure will be
required to use 2'/2 days of flexible leave, vacation leave, administrative leave or
compensatory time.
2. According to the City's Employee Policy Manual, an employee must be in paid
status to receive holiday pay. Therefore, employees must either work or use
flexible leave, vacation leave, administrative leave or compensatory time the day
before and the day after the holiday to meet this requirement.
3_ Employees who have completed their initial probationary period but do not have
any accrued flexible leave, vacation leave, administrative leave or compensatory
time will be required to take leave without pay.
4, AN other provisions of the Employee Policy Manual or applicable Memoranda of
Understanding will remain In full force and effect,
This agreement will assist in lowering the City's paid leave liability and provide savings of
utilities and other maintenance costs. This agreement shall not apply to public safety or
essential functions that operate on a 24/7 basis regardless of scheduled holidays designated
by existing MOU's and authorized for unrepresented employee groups. Associations
unaffected by the closure are not required to sign the agreement.
Executed this 3Lday of O1) : 2013.
Side Letter Agreement — Holiday Closure FY2013-14
Page 2
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
Newport each City Employees Association Newpo = = ac jEmployees League
�,
By: By: - - � r7S\
Chris Auger, Presider..
Teresa Craig, Presi nt
Newport Beach Firefighter's Association
(for Non -safety employees)
By: 73 221/0n)c5,f�; ,
Brian M onougl , resident
Key & Management Group (Unrepresented)
v
n evin
The Newport Beach Professional &
Technical Employees Association
By: 4
President
Part Time Employees Association of
Newport Beach
By: v�
Amy ield, President
New z • rt Beach Fire Management Association
(for Administrative staff)
By:
Todd Knipp, President
FOR THE CITY OF NEWPORT BEACH:
By:
Keith Curry, Mayor
itApp ed as to Fo
A on Harp, City Atto
Attest:
Leilani Brown, City Clerk
SIDE LETTER TO EXTEND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
TO DECEMBER 31, 2014
WHEREAS, on May 22, 2012, the City of Newport Beach (the "City") and the Newport Beach
Firefighters Association (the "Association" and together with the City, the "Parties") executed a
memorandum of understanding (the "MOU") for the period of January 1, 2012 through June 30, 2014;
and
WHEREAS, during the term of this agreement, the Association asserted that the City's overtime
compensation did not satisfy the requirements of the Fair Labor Standards Act ("FLSA"); and
WHEREAS, in resolution of this administrative issue, the City and the Association have entered into a
settlement agreement (the "Settlement Agreement")' whereby the City has agreed to make payments to
certain current and former members of the Association in exchange for a waiver and release of any FLSA
claims held by such members that arose during the period covered by the settlement agreement; and
WHEREAS, as a condition precedent to the City's payment under the Settlement Agreement, the Parties
agreed that the Association would be responsible for collecting executed waivers (the "Individual
Waivers") from at least ninety percent (90%) in number of the employees listed on Exhibit 1 thereto; and
WHEREAS, the City has agreed that, upon receipt of executed Individual Waivers from at least ninety
percent (90%) in number of the employees listed on Exhibit 1 to the Settlement Agreement, the City
would agree to extend the term of the MOU by six months to December 31, 2014; and
WHEREAS, as part of this extension, the Parties have agreed that the remaining terms of the MOU shall
remain in full force and effect except as set forth in this Side Letter.
NOW, THEREFORE, the City and the Association agree as follows:
Section 1: Subject to the collection of executed Individual Waivers from at least ninety percent (90%) in
number of the Association members listed on Exhibit 1 to the Settlement Agreement, the term of the
existing MOU between the City and the Association shall be extended for a period of six months and
Section 1(B)(1) of the existing MOU is hereby modified to read as follows:
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 remains in full force and effect until December 31, 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
' The Settlement Agreement is attached as Exhibit A hereto.
expiration of the MOU, the parties will begin negotiations promptly, with the objective of
reaching an agreement by December 31, 2014.
Section 2: Section 4.D of the MOU shall be restated in its entirety as follows:
D. The Retirement Benefit
1. Tier 1
A. Non -Sworn Members (Miscellaneous)
i. Non-swom members hired prior to November 25, 2012, are subject to
the Public Employees' Retirement System retirement formula of 2.5% at
55.
Pursuant to a separate agreement, miscellaneous (nonsafety) 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 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%.
iv. Effective the first payroll period on or after January 1, 2013, non -safety
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. Further, the City will eliminate reporting the value of the 1.42%
Employer Paid Member Contribution (EPMC) as special compensation.
At this point, non -safety member will be contributing 5.58% (EE) and
1.42% (ER) for a total of 8% with no EPMC.
v. Effective the first payroll period on or after June 30, 2013, in addition to
the contribution listed above, Tier 1 employees shall contribute 1.45% of
pensionable pay toward retirement costs pursuant to Government Code
2
§205160), for a total contribution of 9.45%. Said payment shall be
made on a pre-tax basis pursuant to IRS Code Section 414(h)(2).
vi. Effective the first payroll period on or after June 30, 2014, non -sworn
members receiving a Tier 1 benefit shall, in addition to the 8%
contribution listed above, contribute 2.9% of pensionable pay toward
retirement costs pursuant to Government Code §2051609, for a total
contribution of 10.9%. Said payment shall be made on a pre-tax basis
pursuant to IRS Code Section 414(h)(2).
B. Sworn Members (Safety)
Sworn members hired prior to November 25, 2012, are subject to the
Public Employees' Retirement System retirement formula of 3% at 50.
ii. 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 Califomia Government Code §20516 and §20691 on a pre-
tax basis 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 Goverrunent Code
§20636(c)(4).
iii. 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 Califomia Retirement Code §20516 and §20691 on a
pre-tax basis pursuant to IRS Code §414(h)(2).
iv. Effective the first payroll period commencing on and after January 1,
2014, swom unit members agreed to a total PERS employee contribution
of 9% pursuant to California Government Code §20691 on a pre-tax
basis pursuant to IRS Code §414(h)(2).
C. The City's contract with PERS for Tier 1 members shall also provide for:
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 November 25, 2012.
The military buy-back provisions pursuant to §20996 of the California
Government Code.
iii, The Level 4 1959 Survivors Benefits pursuant to §21574 of the
Califomia Government Code.
11. Tier 2
A. Non -Sworn Members (Miscellaneous)
Non -sworn members hired on or after November 25, 2012 and on or
before December 31, 2012 who do not qualify as "new members"
pursuant to Government Code § 7522.04, are subject to the Public
Employees' Retirement System retirement formula of 2.0% at 60 and
shall pay the statutory 7% member contribution.
Effective the first pay period commencing on or after June 30, 2013, non -
sworn members receiving a Tier 2 benefit shall contribute a total of
9.45% compensation toward PERS costs, comprised of 7.0% as and for
the individual member's normal employee PERS contributions and
2.45% toward employer costs, which shall be paid pursuant to
Government Code §20516(0. Said payment shall be made on a pre-tax
basis pursuant to IRS Code Section 414(1:)(2).
Effective the first pay period commencing on or after January 1, 2014,
non -sworn members receiving a Tier 2 benefit shall contribute a total of
10.90% compensation toward PERS costs, comprised of 7.0% as and for
the individual member's normal employee PERS contributions and
3.90% toward employer costs, which shall be paid pursuant to
Government Code §2051602. Said payment shall be made on a pre-tax
basis pursuant to IRS Code Section 414(h)(2).
Sworn Members (Safety)
Sworn members hired on or after November 25, 2012 and on or before
December 31, 2012 or who do not qualify as "new members" pursuant
to Government Code §7522.04, are subject to the Public Employees'
Retirement System retirement formula of 2% at 50.
ii. Effective upon appointment, sworn unit members receiving a Tier 2
benefit shall contribute 9% of compensation towards PERS costs on a
pre-tax basis pursuant to IRS Code §414(h)(2).
To the extent allowed by PERS, the IRS and other applicable regulatory
agencies and law, safety unit members who shall be enrolled in Tier 2
shall be eligible to participate in a Defined Contribution plan (Plan) to be
administered by the City of its designee in accordance with said
regulatory agency regulations and laws. The Plan shall be funded by
allowing each affected employee to contribution 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
4
matching contribution shall vest upon a PERS retirement being
implemented as follows: 100% - age 55+; 80% - age 54; 60% - age 53;
40% - age 52; 20% - age 51. ("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.
C. The City's contract with PERS for Tier 2 members shall also provide for:
IIL Tier 3
The military buy-back provisions pursuant to §20996 of the California
Government Code.
ii. The Level 4 1959 Survivors Benefits pursuant to §21574 of the
California Government Code.
Non -Sworn Members (Miscellaneous)
i. Non -sworn members hired on or after January 1, 2013 and who qualify
as "new members" pursuant to Government Code §7522.04 are subject
to the Public Employees' Retirement System retirement formula of 2.0%
at 62 in accordance with Government Code §7522.20(a) and shall pay
the 6.25% statutory member contribution.
Effective the first pay period commencing on or after June 30, 2013, non -
sworn members receiving a Tier 3 benefit shall contnbute a total of
9.45% compensation toward PERS costs, comprised of 6.25% as and for
the individual member's normal employee PERS contributions and
3.20% toward employer costs, which is to be paid pursuant to
Government Code §20516(/). Said payment shall be made on a pre-tax
basis pursuant to IRS Code Section 414(h)(2).
Effective the first pay period commencing on or after June 30, 2014, non -
sworn members receiving a Tier 3 benefit shall contribute a total of
10.90% of compensation towards PERS costs, comprised of 6.25% as
and for the individual member's normal employee PERS contributions
and 4.65% toward employer costs, which is to be paid pursuant to
Government Code §20516(1). Said payment shall be made on a pre-tax
basis pursuant to IRS Code Section 414(h)(2).
B. Sworn Members (Safety)
Sworn members hired on or after January 1, 2013 and who qualify as
"new members" pursuant to Government Code §7522.04, are subject to
the Public Employees' Retirement System retirement formula of 2.7% at
57 in accordance with Government Code §7522.25(d).
5
Effective the first pay period commencing on or after January 1, 2013,
sworn unit members receiving a Tier 3 benefit shall pay the PERS
statutory 11.25% member contribution on a pre-tax basis pursuant to
IRS Code §414(h)(2).
To the extent allowed by PERS, the IRS and other applicable regulatory
agencies and law, safety unit members who shall be enrolled in Tier 3
shall be eligible to participate in a Defined Contribution plan (Plan) to
be administered by the City of its designee in accordance with said
regulatory agency regulations and laws. The Plan shall be forded by
allowing each affected employee to contribution 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 he
deemed fully vested at the time of its deposit. The employer -only
matching contribution shall vest upon a PERS retirement being
implemented as follows: 100% - age 57+; 80% - age 56; 60% - age 55,-
40% - age 53; 20% - age 52 . (`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.
The City's contract with PERS for Tier 3 members shall also provide for.:
The military buy-back provisions pursuant to §20996 of the California
Government Code.
The Level 4 1959 Survivors Benefits pursuant to §21574 of the
California Government Code.
IV. For non -safety employees, effective the pay period that includes January 1, 2014 salaries
will be increased by an amount equal to the increase in the Consumer Price Index (CPI)
Los Angeles/Orange County Urban Wage Earners Index for the 12 month period ending
on October 31, 2013 with a minimum 1.5% increase and a maximum 2.25% increase.
The terms of the January 1, 2014 cost -of -living adjustment for safety members, under
Section2, A.2, remain unchanged.
V. Unless specifically modified herein, newly hired employees shall be subject to other
existing City-PERS contract provisions and applicable PERS regulations.
VI. 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 he reported to PERS as special compensation as is authorized by
Government Code §20636(c)(4).
6
VII. 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.
Signatures on the following page.
7
APPROVED AS TO FORM:
CITY A'I' Oi2NE 'S OFFICE
Date: ti j 1
Aaron C. Harp
City Attorney
ATTEST:
Date: /0( • RO
By:
Leilani I. Brown
City Clerk
�I
NEWPORT BEACH FIREFIGHTERS
ASSOCIATION
Date: /2- 6-
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
Page 7 of 7
SETTLEMENT AGREEMENT REGARDING PAYMENT OF WAGES AND GENERAL RELEASE OF CLAIMS
This Settlement Agreement and General Release (the "Agreement") is made and entered into by
the City of Newport Beach (the "City"), certain former and current employees of the Newport
Beach Fire Department identified on Exhibit 1 hereof (collectively, the "Employees") and the
Newport Beach Firefighters Association (the "Association") with reference to the following facts
(the City and the Association are collectively referred to herein as the "Parties"):
RECITALS
A. Whereas, the Employees are or were employed by the Newport Beach Fire Department
(the "NBFD") and are or were in a bargaining unit whose exclusive representative was
the Association;
B. Whereas the City and the Association are currently party to an memorandum of
understanding, effective until June 30, 2014 (the "2012-14 MOU"), which succeeded the
prior memorandum of understanding between the City and the Association, which
expired on December 31, 2011 (the "2008-11 MOU" and together with the 2012-14
MOU, the "MOUs");
C. Whereas, the Association alleges that during the time period of January 1, 2010 through
December 31, 2011, the City's overtime compensation did not satisfy the requirements of
the Fair Labor Standards Act ("FLSA");
D. Whereas, notwithstanding the Association's allegations, at all relevant times, the City
has compensated its employees pursuant to the terms set forth in the then -applicable
MOU between the City and the Association, which, in most cases, provided for higher
overtime payments than required under the FLSA;
E. Whereas, the parties have engaged in extensive negotiations in an attempt to resolve their
dispute;
F. Whereas, the Parties wish to avoid the potential uncertainty, expense and delay of
litigation and have therefore, based upon their extensive negotiations, agreed to a
settlement of their dispute, resolving and releasing all disputes and claims related to
payment of FLSA overtime during the periods covered by the MOUs;
G. Whereas, the Parties want to enter into this Agreement as hereinafter set forth:
NOW, THEREFORE, in consideration for the mutual promises and undertakings of the Parties
as set forth below, the City and the Association hereby agree as follows:
1. No Admission. The recitals set forth in this Agreement are true and correct and are
hereby fully incorporated by reference into this Agreement. This Agreement affects
claims and demands which are disputed, and by executing this Agreement, no Party
admits or concedes any part of the claims, defenses, or allegations which were raised or
could be raised by any other party or any third party. Each Party expressly denies
liability for any and all claims or demands. The Parties acknowledge that this is a
compromise settlement of a disputed claim or claims. Moreover, neither this agreement
nor any part of this Agreement, shall be construed to be nor shall be admissible in any
proceeding as evidence of or any admission by any Party of any violation of law or any
wrongdoing whatsoever. This document may be introduced in a proceeding to enforce
the terms of the Agreement.
2. Settlement Terms.
a. Settlement Amount, The City shall pay a total of S200,303.00, allocated as set
forth in Exhibit "1", which shall include all of the Employees' recovery. The
Settlement Amount was calculated pursuant to the tenns of the 2012-14 MOU,
which provides that:
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 he considered as hours worked for the purposes of
determining eligibility for FLSA Overtime.
The Parties have agreed that the "work period" referred to in the foregoing shall
be twenty-four (24) days for the period covered by this Agreement. Because the
payments set forth on Exhibit "1" are based on hours worked and are paid as
earnings, such payments will be subject to withholding taxes.
Although the Parties do not agree that there is liability regarding the Employees'
claims, for purposes of this Agreement, the settlement amount represents the
agreed upon amount for all overtime compensation allegedly owed to the
Employees and all amounts allegedly owed for liquidated damages, and any and
all other damages and/or relief recoverable by the Employees for the period
covered by the MOUs related to payment of FLSA overtime.
Page 2 of 7
b. Individual Waivers. Each of the Employees, as a condition of receiving the
settlement amount, shall execute, and the Association shall coordinate execution
and collection of individual waivers of claims against the City that are being
settled pursuant to this Agreement (each an "Individual Waiver" and collectively,
the "Individual Waivers"). The Association is responsible for transmitting
Individual Waivers to the Employees, collecting executed Individual Waivers,
and providing the executed Individual Waivers to the City. A form of Individual
Waiver is attached hereto as Exhibit "2". Any Employee or former Employee
who fails or refuses to execute an individual release shall not be entitled to receipt
of any payment under this agreement.
c. Fair Allocation. The Association expressly agrees that the allocation of the
Settlement Amount as provided herein is fair, just and reasonable and acceptable
to them.
d. Resolution of Claims to Association Satisfaction. The Association expressly
agrees that this Agreement fully and completely resolves all concerns held by the
Association with respect to payment of overtime compensation from January 1,
2010 through December 31, 2011. The Association further acknowledges that, to
the best of its knowledge, the City is now in full compliance with the overtime
payment requirements of both the MOU and the FLSA and is not currently
engaged in any practices that would violate the FLSA with respect to overtime
compensation.
e. Payment of Settlement Amount. Payment of the Settlement Amount set forth
above and on Exhibit "1" shall not occur unless and until the Association collects
executed Individual Waivers from at least ninety percent (90%) in number of the
Employees listed on Exhibit "1". Upon collection of these executed Individual
Waivers, and delivery of these executed Individual Waivers to the City, the City
shall make the payments contemplated under this Settlement Agreement within
fifteen (15) business days following receipt.
f. Release of Claims, In consideration for payment of the Settlement Amount, the
Association and Employees, their spouses, domestic partners, children, heirs,
estates, administrators, representatives, executors, attorneys, successors and
assigns hereby irrevocably and unconditionally release and discharge the City,
including its officers, employees, agents and attorneys, from any and all lawsuits,
claims, actions, demands, or other legal responsibilities, including any grievances
pursuant to the MOUs, of any kind that the Association or Employees have, or
may have, against the City relating to the facts upon which this Agreement is
based, including, but not limited to, any and all claims for failure to pay overtime
Page 3 of 7
g‘
required under state or federal law existing prior to the execution of this release.
The Association expressly acknowledges and agrees that this release is an
essential and material term of this Agreement and, without such release, no
settlement would have been reached by the Parties.
Waiver of Unknown Claims. The Association acknowledges that there is a
possibility that subsequent to the execution of this Agreement, they may discover
facts that were unknown or unsuspected at the time this Agreement was executed,
and that if known by the Association at that time may have materially affected
their decision to execute this Agreement. Further, the Association has been
advised of the existence of Section 1542 of the California Civil Code, which
provides:
A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR
Notwithstanding this provision, the releases set forthin this Agreement shall
constitute full releases in accordance with the terms. The Association knowingly
and voluntarily waives the provisions of Section 1542, as well as any other
statute, law, or rule of similar effect. The Association understands and
acknowledges the significance and consequences of this release and this specific
waiver of Section 1542.
h. Unanticipated consequences. The parties recognize and acknowledge that factors,
which have induced them to enter into this Agreement may turn out to be
incorrect or to be different from what they had previously anticipated, and the
parties hereby expressly assume any and all of the risks thereof and further
expressly assume the risks of waiving the rights provided by California Civil
Code Section 1542.
3. Knowledge of the Parties. The Parties understand and agree to the settlement, this
Agreement and the terms and conditions contained herein, and enter into this Agreement
knowingly and voluntarily. The Parties have been advised that they have the right to seek
legal advice with respect to this Agreement, including the releases contained herein, have
had the opportunity to consult with counsel, and have in fact consulted with counsel of
their choice. The Parties have investigated the facts pertaining to the settlement and this
Agreement and all matters pertaining thereto as deemed necessary. The Parties have
relied upon their judgment, belief, knowledge, understanding and expertise after
Page 4 of 7
consultation with their counsel concerning the legal effect of the settlement and its terms.
By signing this document and the documents referred to herein, the Parties signify their
full understanding, agreement, and acceptance of this Agreement.
4. Entire Agreement. This Agreement, including its exhibits, contains the entire agreement
of the Parties regarding the subject matter of the Agreement and shall constitute the final
understanding between the Parties hereto. All prior negotiations made or which have
occurred prior to the date of this Agreement are merged into this Agreement.
5. No unwritten representations. Each of the Parties represents that in executing this
Agreement, the Parties do not rely upon and have not relied upon any representation,
promise, or statement not expressly contained herein.
6. No Additional Representations. Except of the terms of this Agreement, including
its exhibits, the Parties have not relied upon any statement or representation, written or
oral, made by any Party, or any of their respective agents, attorneys or any other person,
regarding any matter including, but not limited to, the federal or state income tax
consequences of the Agreement to any Party. The Parties expressly acknowledge and
agree that they have relied solely upon the advice of their own attorneys and/or
accountants as to the tax and benefit consequences of this Agreement.
7. Binding Agreement. This Agreement and all documents referred to herein shall bind and
inure to the benefit of each of the Parties hereto and their spouses, domestic partners,
children, heirs, estates, administrators, representatives, executors, attorneys, successors
and assigns. Except as expressly provided herein, this Agreement is not for the benefit of
any person not a Party hereto or any person or entity not specifically identified as a
beneficiary herein or specifically identified herein as a person or entity released hereby.
The Agreement is not intended to constitute a third party beneficiary contract.
8. Authority to Execute. Each Party hereto warrants to the other Party or Parties that he, she
or it has the full power and authority to execute, deliver and perform under this
Agreement and all documents referred to herein.
9. Interpretation and Construction. Any ambiguities or uncertainties herein shall be
equally and fairly interpreted and construed without reference to the identity of the Party
or Parties preparing this document or the documents referred to herein, on the
understanding that the Parties participated equally in the negotiation and preparation of
this Agreement and the documents referred to herein, or have had equal opportunity to do
so. The headings used herein are for reference only and shall not affect the construction
of this Agreement.
Page 5 of 7
10. Goveming Law and Venue. The settlement, this Agreement and the documents referred
to herein, shall be interpreted in accordance with the laws of the State of Califomia and,
if necessary, Federal Law. To the extent that any Party brings an action to enforce the
terms of this Agreement, such action shall be filed and prosecuted in the Superior Court
for the County of Orange and/or the United States District Court for the Central District
of California, Southern Division, to the extent of that court's jurisdiction.
11. Agreement Does Not Establish Precedent. The Parties agree that the terms of this
Agreement are binding and will not establish any precedent, nor will this Agreement be
used as a basis by the Parties or anyone else to seek to justify similar tens in any
subsequent case.
12. Savings Clause. If any term, condition, provision or part of this Agreement is determined
to be invalid, void or unenforceable for any reason, the remainder of this Agreement will
continue in full force and effect.
13. Exhibits. All exhibits attached to this Agreement are hereby incorporated into this
Agreement as though fully set forth herein.
14. Execution. This Agreement, and any document referred to herein, may be executed in
any number of counterparts, each of which may he deemed an original and all of which
together shall constitute a single instrument.
15. Effective Date. This Agreement shall become effective immediately following execution
by all of the Parties on the latest date appearing below.
PLEASE READ CAREFULLY: THIS SETTLEMENT AGREEMENT AND GENERAL
RELEASE OF CLAIMS INCLUDES A RELEASE OF KNOWN AND UNKNOWN
CLAIMS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT.
Signatures on the following page.
Page 6 of 7
g‘
required under state or federal law existing prior to the execution of this release.
The Association expressly acknowledges and agrees that this release is an
essential and material term of this Agreement and, without such release, no
settlement would have been reached by the Parties.
Waiver of Unknown Claims. The Association acknowledges that there is a
possibility that subsequent to the execution of this Agreement, they may discover
facts that were unknown or unsuspected at the time this Agreement was executed,
and that if known by the Association at that time may have materially affected
their decision to execute this Agreement. Further, the Association has been
advised of the existence of Section 1542 of the California Civil Code, which
provides:
A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR
Notwithstanding this provision, the releases set forthin this Agreement shall
constitute full releases in accordance with the terms. The Association knowingly
and voluntarily waives the provisions of Section 1542, as well as any other
statute, law, or rule of similar effect. The Association understands and
acknowledges the significance and consequences of this release and this specific
waiver of Section 1542.
h. Unanticipated consequences. The parties recognize and acknowledge that factors,
which have induced them to enter into this Agreement may turn out to be
incorrect or to be different from what they had previously anticipated, and the
parties hereby expressly assume any and all of the risks thereof and further
expressly assume the risks of waiving the rights provided by California Civil
Code Section 1542.
3. Knowledge of the Parties. The Parties understand and agree to the settlement, this
Agreement and the terms and conditions contained herein, and enter into this Agreement
knowingly and voluntarily. The Parties have been advised that they have the right to seek
legal advice with respect to this Agreement, including the releases contained herein, have
had the opportunity to consult with counsel, and have in fact consulted with counsel of
their choice. The Parties have investigated the facts pertaining to the settlement and this
Agreement and all matters pertaining thereto as deemed necessary. The Parties have
relied upon their judgment, belief, knowledge, understanding and expertise after
Page 4 of 7
APPROVED AS TO FORM:
CITY ATT E 'S OFFICE
Date: \ M
Aaron C. Harp
City Attorney
ATTEST:
Date:
• JO.
B : UVVV rT
Leilam I. Brown
City Clerk
NEWPORT BEACH FIREFIGHTERS
ASSOCIATION
Date: /LZ -
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2012 through June 30, 2014
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") i
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.
1 NBFA MOU 2012-2014
B. Duration of Memorandum
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.
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;
To prepare for, travel to, and attend scheduled meetings
between the City and NBFA during the meet and confer
process.
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.
2 NBFA MOU 2012-2014
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.
D. Scope
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.
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.
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.
NBFA MOU 2012-2014
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.
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
1. Space shall be provided on bulletin boards within the Fire
Department at their present location for the posting of notices and
bulletins relating to 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,
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.
G. Maintenance of Membership
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
4 NBFA MOU 2012-2014
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.
Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions
agreed upon by the parties. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer concerning any issue within
the scope of representation except as expressly provided herein or by
mutual agreement of the parties. No representative of either party has the
authority to make, and none of the parties shall be bound by, any
statement, representation or agreement reached prior to the execution of
this MOU and not set forth herein.
Modifications
Any agreement, alteration, understanding, variation, or waiver or
modification of any of the terms or provisions of this MOU shall not be
binding upon the parties unless contained in a written document executed
by authorized representatives of the parties.
Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions
of this MOU relating to salary increases, fringe benefits, or the
compensation policy be declared invalid the City shall provide alternative
forms of compensation such that 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.
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.
5 NBFA MOU 2012-2014
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%.
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%.
6 NBFA MOU 2012-2014
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:
Firefighter Series
Percent of
Firefighter
Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Line Captain 132.00%
Fire Prevention Series
Percent of
Fire Inspector, Non -safety
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.
7 NBFA MOU 2012-2014
• •
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.
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,
8 NBFA MOU 2012-2014
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
tumout gear and an adequate number of reserve turnouts at each station
to allow for proper tumout cleaning/decontamination. Reserve tumouts
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
members 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 members
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
Service: Semester/Unit:
2 or more 30
3 or more 60
3 90
4 or more 90
4 120
% of Actual Step in
Job Class Range:
1.5%/month
2.5%/month
3.5%/month
3.5%/month
4.5%/month
NBFA MOU 2012-2014
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 II shall entitle the member to 3%/month in Certificate Pay.
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 pav)
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.
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.
10 NBFA MOU 2012-2014
• •
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.
F. Temporary Upgrading of Employees
1. 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
11 NBFA MOU 2012-2014
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.
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.
12 NBFA MOU 2012-2014
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.
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.
I. 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 5O7(k).
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.
13 NBFA MOU 2012-2014
• r
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.
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
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
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
9.77
10.69
11.62
12.54
12.54
12.54
12.54
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
14 NBFA MOU 2012-2014
Leave Accrual
Years of Cont, Svc Hours/Pay Period
Staff and Non -Safety
Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.97
7.63
8.33
8.95
8.95
8.95
8.95
Longevity Pay
Increase
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
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
15 NBFA MOU 2012-2014
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. Eamed 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, eamed 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).
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
16 NBFA MOU 2012-2014
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 tumed 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.
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 members
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
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.
17 NBFA MOU 2012-2014
NBFA members on the vacation/sick leave system shall accrue as
follows:
Years of
Cont. Service
Line Employees
Less than 5
5 but less than 9
9 but less than 13
13 but less than 17
17 but less than 21
21 but less than 25
25 and over
Years of
Cont. Service
Staff Employees
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Maximum vacation accrual shall be fifty-two (52) times the
member's bi-weekly accrual rate.
2. 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.
18 NBFA MOU 2012-2014
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
19 NBFA MOU 2012-2014
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
20 NBFA MOU 2012-2014
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).
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
21 NBFA MOU 2012-2014
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
weekly physical therapy) must be scheduled off duty_
N. 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.
22 NBFA MOU 2012-2014
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.
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 CaIPERS
participating employer's contribution).
• January 1, 2013, the City's contribution towards the Cafeteria
Plan will increase to $1,174.00 (plus the minimum CaIPERS
participating employee's contribution).
• January 1, 2014, the City's contribution towards the Cafeteria
Plan will increase to $1,274.00 (plus the minimum CaIPERS
participating employee's contribution).
23 NBFA MOU 2012-2014
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.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
5. 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
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:
24 NBFA MOU 2012-2014
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50.00
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves
prior to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid
leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0%) percent of base salary.
Simultaneously, the City increased base wages by one (1.0%)
percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre-70 amount. This
amount remains in effect until the employee retires from City
employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
D. The Retirement Benefit (Superseding inconsistent April 13, 2010
SUPPLEMENTAL MOU and inconsistent 2008-2010 MOU provisions)
1. 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
25 NBFA MOU 2012-2014
• •
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
26 NBFA MOU 2012-2014
• •
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).
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.
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 — 2"d Tier. All employees hired following City Council
adoption of this 2012-2014 Memorandum of Understanding and
27 NBFA MOU 2012-2014
implementation of the necessary PERS 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 CaIPERS.
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 CaIPERS.
c. All such hires shall pay 100% of the statutorily mandated
employee PERS contribution.
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 PERS, 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 PERS
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.
26 NBFA MOU 2012-2014
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.
Program Structure
This is an Integral Part Trust (IPT) Medical Expense
Reimbursement Program Plan (MERE).
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.
29 NBFA MOU 2012-2014
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 31s1 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
30 NBFA MOU 2012-2014
• •
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
31 NBFA MOU 2012-2014
• •
balance remaining in the Employee Account after the death of the
employee and his or her spouse and/or other authorized dependents
(if any) must be forfeited. That particular MERP Employee Account
will be closed, and any remaining funds will become general assets
of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CaIPERS medical
plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from the
retiree's MERP account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual MERP accounts that equates
to $100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City
and at the time of retirement. No interest will be earned in the
interim.
Employees in Category 2 who had less than five years service with
the City prior to implementation of the new program will only receive
Part B contributions back to January 1, 2006 when they reach five
years total service.
c. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
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.
32 NBFA MOU 2012-2014
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.
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
33 NBFA MOU 2012-2014
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.
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:
NBFA MOU 2012-2014
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
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
35 NBFA MOU 2012-2014
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.
Definitions
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.
36 NBFA MOU 2012-2014
•
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.
Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Temporary and probationary employees within any
Classification shall, in that order, be laid off before
permanent employees.
Employees within a Classification shall be laid off in inverse
order of seniority.
c. An employee subject to layoff in one Classification shall
have the right to Bump a less senior employee in a lower
ranking Classification within a Series, provided, however,
that the determination of the employee to be terminated from
the position of Firefighter shall be based on seniority within
the Series. An employee who has Bumping Rights shall
notify the Department Director within seven (7) working days
after notice of layoff of his/her intention to exercise Bumping
Rights.
37 NBFA MOU 2012-2014
d. In the event two or more employees in the same
Classification are subject to layoff and have the same
seniority, the employees shall be laid off in inverse order of
their position on the eligibility list or lists from which they
were appointed. In the event at least one of the employees
was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
Notice
Employees subject to 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.
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.
38 NBFA MOU 2012-2014
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.
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.
Fire Inspection Classifications
Existing flexible staffing provisions in Fire Prevention Classifications shall
remain in effect for the term of this agreement.
39 NBFA MOU 2012-2014
G. Exposure Log
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.
Signatures are on the next page.
40 NBFA MOU 2012-2014
Executed this.2.);nday of May, 2012:
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By: 6.72- c7 2
G'�
Brian M ough, 1BFA President
CITY OF NEWPORT BEACH
r r �5
Nancy Gardner/Iayor
ATTEST:
By �i -
Leilani Brown, City Clerk
APPROVED AS TO FORM:
,f
P
Aaron Harp, CO Attorney
Attachment: (1) Exhibit "A" NBFA Represented Classifications
NBFA MOU 2012-2014
Newport Beach Firefighters Association Represented Classifications
Exhibit A
Fire Fighter
Engineer
Paramedic
Captain
Firefighter Series
Fire Prevention Series
Fire Inspector, Non -Safety
Fire Prevention Specialist, Non -Safety
Fire Prevention Plans Examiner, Non -Safety
42 NBFA MOU 2012-2014
Side Letter to the Memoranda of Understanding between the City of Newport Beach and
Several Newport Beach Employee Associations as well as Unrepresented Employees
Since 2009 the City and its employee associations agreed upon the closure of the City Hall
complex during the Christmas and New Year's Holiday period. The Newport Beach employee
associations and the unrepresented group listed below acknowledge the need for the City to
reduce expenditures and the City's leave accrual liability.
The undersigned Associations and City jointly agree to close the City Hall complex and other non-
essential facilities and functions between the Christmas and New Year's Holiday period
(December 24, 2011 through January 2, 2012). Facility closures shall be cost neutral to the City
and will not result in additional paid days/hours off. The City and the undersigned also agree that
staff located at the City Hall complex and other non -essential employees will not have the option
to work during this period, unless specifically requested by Department Directors and exclusively
authorized by the City Manager or designee. Emergency Conditions requiring the activation of the
Emergency Operations Center shall render this agreement invalid. The following guidelines will
be applied to the closure:
1. Both Christmas Eve and New Year's Eve fall on a Saturday in 2011. Per applicable
Memoranda of Understanding, the City provides half -day holidays (4 hours each) for
Christmas Eve and New Year's Eve, which would otherwise be observed on December
23 and December 30 respectively. Under this agreement only, the two half -day
holidays will be combined into one paid 8-hour holiday and observed on Friday,
December 30. In conjunction, the City Hall complex will be open a full day on Friday,
December 23, 2011.
2. Christmas Day and New Year's Day fall on a Sunday in 2011. As provided for in the
current Memoranda of Understanding, the holiday will be observed the following
Monday. Christmas Day will be observed on December 26, 2011 and New Year's Day
will be observed on January 2, 2012. This results in only 3 full days (12/27, 12/28, and
12/29) that are required for employees to use Flex Leave during holiday closure. This
is a one-time exception of the existing designated holiday schedule outlined in the
current Memoranda of Understanding for each Association.
3. According to the City's Employee Policy Manual, an employee must be in paid status
in order to receive holiday pay. Therefore, employees must either work or use flexible
leave, vacation leave, administrative leave or compensatory time the day before and
the day after the holiday in order to meet this requirement. The only day employees
would be eligible to take leave w/out pay and still receive holiday pay would be
Wednesday, December 28.
4. Employees who have completed their initial probationary period but do not have any
accrued flexible leave, vacation leave, administrative leave or compensatory time will
be required to take leave without pay.
5. Employees on a flexible schedule whose regularly scheduled day off is Friday,
December 30, will take their regularly scheduled day off and bank the 8 hours of
holiday pay to their Comp or Flex Leave Bank.
Side Letter Agreement — Holiday Closure FY2011-12
Page 2
This agreement will help lower the liability on the City's books for leave balances and provide
savings of utilities and other maintenance costs for fiscal year 2011-2012. This agreement shall
not apply to Public Safety or essential functions that operate on a 24/7 basis regardless of
scheduled holidays designated by existing MOU's and authorized for unrepresented employee
groups. Any questions or requests for information shall be addressed to the Human Resources
Department.
/1
Executed this ,.i day of Aut_ I/(.St 2011.
NEWPORT BEACH EMPLOYEE ASSOCIATIONS:
City Employees' Association
By: c
Teresa Craig, President
CI
Firefighter's Association
By: -6 0 7civ
Brian McDonou
1
President
Fire Management Association
By: (3—
Charles Duncan, President
Key & Management Employees
By:
Mike Pisani
Police Management Association
By:
Steve Rasmussen, President
Approved
Davis ¶TW City Attorney
Newport Beach Employees' League
By:
Chris Auger, Preside
Lifeguard Mana ement Association
By: cWinfi
Brent Jacob n, President
Profess onal § Technical Employees' Assoc.
By:
i, President
mAY6t rSbo tS
Police Association
By: A`Lca ,,;(
David Syvoc , Pr ident
FOR THE CITY OF NEWPORT BEACH:
By: Ct.�
Da iff, City Manager
Leilani Brown, City Clerk
• •
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
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, 2008 to December 31, 2010 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 2008-2010 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.
Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of January 1, 2008. This MOU shall
1
• •
remain in full force and effect until December 31, 2010, and the
provisions of this MOU shall continue after the date of expiration of
this MOU in the event the parties are meeting and conferring on a
successor MOU.
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 December 31, 2010.
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
1. 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.
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
2
•
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.
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,
3
functions and authorities ("Management Rights") as set forth in
Resolution No. 2001-50.
Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire
Department at their present location for the posting of notices and
bulletins relating to 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 or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E—
Mail) shall not contain personal attacks on any City official or
employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race, gender, ethnicity,
religion or other statutorily or constitutionally impermissible basis,
as well as any pornographic or obscene material. E—Mail may be
used for Association business on a limited basis and consistent
with Department Policy.
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.
Maintenance of Membership
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
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.
4
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 parties.
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.
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.
5
• •
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
1. Salary Adjustments.
a. Effective December 22, 2007, the City shall increase base
salary for the firefighter classification by two percent (2%)
(with increases for other classifications pursuant to the
matrix below).
b. Effective June 21, 2008, the City shall increase base salary
for the firefighter classification by two percent (2%) (with
increases for other classifications pursuant to the matrix
above).
c. Effective December 20, 2008, the City shall increase base
salary for the firefighter classification by three and one -
quarter percent (3.25%) (with increases for other
classifications pursuant to the matrix above).
d. Effective December 19, 2009, the City shall increase base
salary for the firefighter classification by three and one-half
percent (3.5%) (with increases for other classifications
pursuant to the matrix above).
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:
6
Firefighter Series
Percent of
Firefighter
Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Line Captain 132.00%
Fire Prevention Series
Percent of
Fire Inspector, Non -safety
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
Effective December 22, 2007, the matrix was modified for the non -
safety members of this bargaining unit.
Staff Captains and Deputy Fire Marshal 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.
Overtime — Hours Worked
1. Overtime shall consist of authorized work in excess of the normal
number of hours in any scheduled work shift or work in excess of
the maximum number of hours permitted by the United States
Department of Labor regulations for up to a twenty-eight (28) day
pay period. Use of Flex Leave, Vacation Leave, Holiday Leave,
and Sick Leave shall be considered as hours worked for the
purposes of determining eligibility for overtime pay pursuant to the
Fair Labor Standards Act and/or Department of Labor regulations.
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 Firefighter/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.
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,
uniform jackets and liner, belts, work out shirts, work out trunks,
sweatshirt, base camp hat, baseball cap and turnout safety clothing. 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 an adequate number of reserve tumouts at each
station to allow for proper turnout cleaning/decontamination. This
equipment will be used to temporarily replace an employee's personal
turnout equipment that cannot be placed in service because they are wet,
contaminated, or aged.
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
8
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. 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 member shall receive scholastic and/or
certificate achievement pay in accordance with the following:
1. Scholastic Pay
Years of
Service:
2 or more
3 or more
3
4 or more
4
4
College
Semester/Unit: Job Class Range:
30
60
90
90
120
B.A./B.S.
Certificate Pay
Coursework:
Successful Completion of
coursework for
Fire Officer I or
Fire
Prevention Officer 11
Special Assignment Pay
of Actual Step in
1.5%/month
2.5%/month
3.5%/month
3.5%/month
4.5%/month
5.5%/month
% of Actual Step in
Job Class Range:
1.5%/month
Effective June 21, 2008
increase to 3.0%/month
The following additional payments shall
members based on assignment:
be made to certain NBFA
dous Materials Response Team
pay of five percent (5%) of base
1. Certified members of the Nazar
shall receive special assignment
pay per month.
2. Individuals properly trained and
perform special assignments shall
assigned by the Department to
be compensated as follows:
Maximum Compensation
Assignment Number* (% of base pay)
Shift Fire Investigator 6 5%
Computer Expert 1 5%
Radio/MDC 1 5%
SCBA 3 2%
Background Investigator 3 2%
Map/Preplan 1 2%
Compensation shall cease when individuals are no longer
performing the assignment.
`Subject to modification by the department.
3. 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.
4. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of five
percent (5%) above base salary, plus overtime at the rate of time
and one half, for employees who are assigned special projects
outside of or above and beyond their normal job classification. 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.
F. Temporary Upgrading of Employees
1. 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:
10
•
•
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
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.
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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.
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.
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.
12
• •
I. 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.
K. Bilingual Pav
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 Pav
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
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• •
A. Flex Leave
1. 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/Pav 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%
Leave Accrual Longevity Pay
Years of Cont. Svc Hours/Pay Period Increase
Staff and Non -Safety
Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.97
7.63
8.33
8.95
8.95
8.95
8.95
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
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 Sec. 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.
14
• •
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
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% flex leave
account.
d. Subject to the provisions of Section 3(J), members shall be
entitled to accrue flex leave up to a maximum of seventy-
eight (78) times the member's bi-weekly accrual rate.
Earned flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay.
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 seventy-two (72) 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 seventy-eight (78) times the
member's bi-weekly accrual rate) unless, during the twelve
months preceding the election, the member has taken at
least ninety-six (96) hours of paid leave if a line employee
and eighty (80) hours of paid leave if a staff employee. For
the purposes of this section, Flex Leave shall include any
earned paid leave such as vacation leave, compensatory
time off, or holiday time.
15
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).
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.
16
NBFA members on the vacation/sick leave system shall accrue as
follows:
Years of
Cont. Service
Line Employees
Less than 5
5 but less than 9
9 but less than 13
13 but less than 17
17 but less than 21
21 but less than 25
25 and over
Years of
Cont. Service
Staff Employees
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Maximum vacation accrual shall be seventy-eight (78) times the
member's bi-weekly accrual rate.
2. Sick Leave Conversion
Members who, at the end of any calendar year have a sick leave
bank greater than a sum equal to eighty—six (86) times their normal
bi—weekly sick leave accrual rate and who have used six (6) or
fewer days during the calendar year, may elect to covert up to six
(6) days of sick leave to three (3) days pay or, with the approval of
the Fire Chief, three (3) days of vacation. Members shall elect to
convert to sick leave within sixty (60) days after the end of any
calendar year.
3. Within 60 days of the signing of this Memorandum of
Understanding all unit members still in the vacation/sick leave
program may, collectively, elect to convert to the flex leave
17
program. Conversion terms shall be the same as those utilized
during the initial establishment of the flex leave program.
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.
18
Staff employees shall have the one-time option of accruing holiday
time as pay. Staff employees may be required to take specified
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 109% 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%
19
Payment for accrued but unused Sick Leave shall be limited to the first
800 hours of accrued Sick Leave for Staff Employees and the first 1200
hours for Line Employees (for example if a Line Employee had
accumulated 1400 hours of Sick Leave and retired after 16 years he or
she would receive Terminal Sick Leave Pay in a sum equal to 109% of
their base salary per hour for 450 hours of Sick Leave — 1200 hours
multiplied by .375).
J. Flex Leave Premium Pay Account
NBFA members shall have the right to receive pay, at the rate of 109% of
their then current base salary, for any Flex Leave banked, up to a
maximum of seventy-eight (78) times their bi—weekly Flex Leave accrual
rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex
Leave Premium Pay Account balance shall be shown on each members
regular pay stub. The Flex Leave Premium Pay Account shall be reduced
in accordance with member purchases. Each member shall, upon
termination, resignation, retirement or other separation from service,
receive terminal pay at the rate of 109% of their then current base salary
for all accrued Flex Leave to the full extent of the remaining balance in the
Flex Leave Premium Pay Account with any remaining Flex Leave paid at
the then current base salary. The provisions of this section shall apply
only to members employed by the City of Newport Beach on or before
June 30, 1994.
Vacation Leave Premium Pay Account
Members who are on the traditional Vacation/Sick Leave program as of
June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their
then current base salary, for any accumulated Vacation Leave up to a
maximum of 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 109% of their then current base
salary for all accrued Vacation Leave to the full extent of the remaining
balance in the Vacation Leave Premium Pay Account with any remaining
Vacation Leave paid upon termination at the then current base salary.
The provisions of this section shall apply only to members employed by
the City of Newport Beach on or before June 30, 1994.
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
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course of his or her employment shall receive compensation in
accordance with the provisions of Section 4850 et. seq. of the Labor Code
of the State of California.
M. 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 it's 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.
N.. 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.
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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.
Effective December 22, 2007, the City contribution toward the
Cafeteria Plan shall be $874. In addition, 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 December 22, 2008 the City's contribution towards the
Cafeteria Plan will increase to $974 (plus the minimum CaIPERS
participating employer's contribution).
Effective December 19, 2009 the City's contribution towards the
Cafeteria Plan will increase to $1,049 (plus the minimum CaIPERS
participating employer's contribution).
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
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• •
insurance coverage on an annual basis.
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.
5. 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
IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions
of Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for
reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the
following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000/month
Minimum Benefit $50
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Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves
prior to receiving benefits under the disability insurance program,
Employees may not supplement the disability benefit with paid
leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0%) percent of base salary.
Simultaneously, the City increased base wages by one (1.0%)
percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time
employees in $1,000 increments equal to one times the employee's
annual salary up to a maximum of $50,000. At age 70 the City -paid
life insurance is reduced by 50% of the pre-70 amount. This
amount remains in effect until the employee retires from City
employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
1. Pursuant to Section 20691 of the California Government Code, the
City shall pay to PERS, on behalf of all employees covered by this
agreement, the entire required normal "safety member" retirement
contribution, but not to exceed 9% of the compensation eamable
which PERS uses to calculate retirement contributions and benefits
and the entire normal miscellaneous member contribution, not to
exceed 7%. In addition, the amount of this payment shall be
reported to PERS as special compensation, which is part of the
employee's compensation earnable, pursuant to the provisions of
Section 20636 (c)(4) of the California Government Code, as
amended effective July 1, 1994. This payment shall be credited to
the employee's accounts maintained by PERS in accordance with
Section 20691 of the California Government Code. NBFA
acknowledges that the City is making this payment pursuant to a
specific request of NBFA to do so, that the City has made
significant financial commitments to NBFA in this MOU in
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consideration of the members' agreement to relinquish their
previously held "irrevocable right" to pay their own PERS
contribution and receive a corresponding salary increase, and that
the significant financial concessions to NBFA (which included
Leave Premium Pay Accounts, changes in the calculation of "hours
worked" for purposes of overtime and internal salary adjustments)
were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBFA members
exercise their irrevocable right to make their own PERS contribution
and receive a corresponding salary increase.
2. The City's contract with PERS shall also provides for:
a. A 3% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section
20930.3 of the California Government Code and the highest
year benefit pursuant to Section 20042.
c. The Level 4 1959 Survivors Benefits.
The City will amend its PERS contract to provide the pre -retirement option
settlement 2 death benefit (Section 21548) to be effective July 23, 2005.
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.
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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.
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
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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 percent (_%) 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.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the MERP Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21
of the Manual contains a schedule, which specifies the amount of
sick leave that can be "cashed out," based on time of service. The
manual also caps the number of hours that can be `bashed out" at
800, and specifies that sick leave hours are `bashed 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
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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
balance remaining in the Employee Account after the death of the
employee and his or her spouse and/or other authorized dependents
(if any) must be forfeited. That particular MERP Employee Account
will be closed, and any remaining funds will become general assets
of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CatPERS 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
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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.
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, notiust 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
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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
Maximum tuition reimbursement for NBFA members shall be $1,000 per
fiscal year. Effective July 2008 maximum reimbursement shall increase to
$1,400, effective July 2010 maximum reimbursement shall increase to
$1,500.
1. College Courses
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
other student expenses for approved job —related courses.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of
the Human Resources Director.
2. Non -College Courses
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 and seminars will be considered pre -authorized in
the following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue
systems, legal issues, media relations, risk management, EMS, health
30
and safety, apparatus operator, auto extrication, fire prevention, arson
investigation, and critical incident stress management.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a document or certificate
showing successful completion of the class or seminar. All claims for
tuition reimbursement require the approval of the Fire Training Division
Chief before submittal to Human Resources.
Fitness Program
All NBFA members shall participate in the Department Fitness Program as
outlined in Department SOP.
H. Phvsical Conditioning Equipment
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
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
a. "Layoffs" or "Laid off" shall mean the non —disciplinary
termination of employment.
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b. "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the
date on which the employee was first granted permanent
status, subject to the following:
Credit shall be given only for continuous service
subsequent to the most recent appointment to
permanent status in the Classification or Series;
ii. Seniority shall include time spent on industrial leave,
military leave and leave of absence with pay, but shall
not include time spent on any other authorized or
unauthorized leave of absence.
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.
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
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those positions the employee has previously held with the
Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Temporary and probationary employees within any
Classification shall, in that order, be laid off before
permanent employees.
b. Employees within a Classification shall be laid off in inverse
order of seniority.
c. An employee subject to layoff in one Classification shall
have the right to Bump a less senior employee in a lower
ranking Classification within a Series, provided, however,
that the determination of the employee to be terminated from
the position of Firefighter shall be based on seniority within
the Series. An employee who has Bumping Rights shall
notify the Department Director within seven (7) working days
after notice of layoff of his/her intention to exercise Bumping
Rights.
d. In the event two or more employees in the same
Classification are subject to layoff and have the same
seniority, the employees shall be laid off in inverse order of
their position on the eligibility list or lists from which they
were appointed. In the event at least one of the employees
was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay—off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice.
In addition, employees laid off will be paid for all accumulated paid
leave, holiday leave (if any), and accumulated sick leave to the
extent permitted by 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. Re-employment lists will be valid for two (2) years. The re-
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employment list shall remain in effect until exhausted by removal of
all names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or
a lower ranking Classification within a Series, the employee at the
top of the Department re—employment list shall have the right to
appointment to the position, provided, he or she reports to work
within seven (7) days of written notice of appointment. Notice shall
be deemed given when personally delivered to the employee or
deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her 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.
B. Schedule
The City shall have the right to designate a 14 day or 28 day work period
pursuant to Section 29 USC 507(k) (7k exemption), provided, however,
the 7k exemption shall not affect the City's obligation to pay overtime
pursuant to provisions of this MOU including the provisions of Section
1(D)1.
C. Discipline Plan
Any discipline shall be in accordance with Department SOP and the
Employee Policy Manual.
D. Fire Suppression 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 fire suppression personnel for
each engine company, four fire suppression personnel for each truck
company, and two firefighter/paramedics on each paramedic unit. PAU
staffing shall conform to the provisions in Section 5(G).
E. EMT Certification
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic
34
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.
F. Pre -Hospital Emergency Medical Services (EMS) System
In a prior MOU, the City and Association have met and conferred on the
City's Paramedic and Emergency Transportation System. The parties at
that time agreed as follows:
Two engine companies shall be converted to a Paramedic Assessment
Unit (PAU's. The two current paramedic units shall be converted to
Paramedic Ambulances (PAU's) and a City operated 24-hour Basic Life
Support (BLS) ambulance shall be staffed by two sworn Firefighter EMT-
D's. The PA's shall normally transport patients requiring advanced life
support (ALS) . The BLS ambulance shall normally transport patients
requiring basic life support (BLS). Either the PA's or the BLS ambulance
may transport ALS or BLS patients based upon operational need.
G. 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.
H. Fire Inspection Classifications
Existing flexible staffing provisions in Fire Prevention Classifications shall
remain in effect for the term of this agreement.
Exposure Log
The City maintains an exposure log system.
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Grievance Procedure
Unit employees are covered by the grievance procedure contained in the
Employee Policy Manual (attached). The City and NBFA agree on the
following: (1) that "Immediate Supervisor" in Step 1 means either Captain
or Battalion Chief; (2) that Department Director in Step 3 means Fire
Chief; and (3) a meeting will be held at all steps of the process upon the
request of either party.
K. Seniority Bid System
The Newport Beach Fire Department and the Newport Beach Firefighters
Association have established a committee to develop a seniority bid
system for shift, station, and unit assignments prior to the negotiations for
this agreement.
The committee will present a proposal for a seniority bid system to the Fire
Chief no later than October 1, 2008 for implementation no later than
January 1, 2009, with bidding to commence in the prior months to
implementation.
The Fire Chief may accept the proposal, modify it or deny the proposal in
its entirety. The Fire Chief may send the proposed bid system back to the
committee with further direction, or completely abandon the committee
and proposed bid system as being unworkable during the term of the
agreement.
If the seniority bid system is approved and operational, it will be
considered a trial program until permanently implemented by the Fire
Chief.
L. Traininq
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.
The Fire Chief will provide a departmental standard operating procedure
(SOP) that will address administrative procedures and a list of approved
training classes.
NBFA may provide assistance to the Chief in developing the Training
Class list and propose a class for the Chief's consideration at any time.
The Chief may add or delete classes to the Training Class List at any time.
36
NEW SEC. TRIAL 48/96 SCHEDULE
Unless extended by mutual agreement, the Fire Department will
implement a trial 48/96 schedule no later than August 15, 2010. The
schedule will initially run for 90 days, subject to cancellation by the City or
Association at any time. It may be extended by mutual agreement. Prior
to the schedule implementation the City and Association will meet and
develop a side letter to govern the trial schedule.
Except as provided herein, the Memorandum of Understanding between the City and
the Newport Beach Firefighters Association remains in full force and effect.
Executed this / day of .(i L , 2010:
CITY OF NEWPORT BEACH
BY: � -eve
Keith D. Curry, Mayor
ATTE
s
NEWPORT BEACH FIREFIGHTERS ASSOCIATION:
[3y:
L
Chad Pon galek, President
By: I .) .22 G9 ;7G'L
Brian McDonough, V}Pri ent
By:6.--7
Boyles, Represehtative At -Large
By:
Rich Thomas, Negotiation Team
Leilani Brown, City Clerk
Leonie Mulvihill, Acting City Attorney
Page 3 of 3
Sick leave balances may also be included in the MERP, but only to
the extent and within all the numeric parameters specified in the
Employee Policy Manual. Section 11.21 of the Manual contains a
schedule which specifies the amount of sick leave that can be
"cashed out," based on time of service. The manual also caps the
number of hours that can be "cashed out" at 800, and specifies that
sick leave hours are "cashed out" on a 2 for 1 basis (800 hours of
sick leave are converted to 400 hours for cash purposes). Sick leave
participation is a separate item from vacation/flex leave participation,
and thresholds must be separately identified by the Association.
All other provisions of the MOU remain in effect.
Executed thisi,d day of
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By:
CITY OF EWPOR.-B.EACK
By:
Mayor
APPROVED AS TO FORM:
Ci y A torney
7
,Z66
SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND THE FIREFIGHTERS ASSOCIATION
1. This Supplemental Memorandum of Understanding (MOU) sets forth the
agreement between the City of Newport Beath (City) and Firefighters
Association (Association) for the implementation of the Califomia Public
Employees Retirement System 2.5% @ 55 retirement formula non -safety
employees. The City and Association agree as follows:
2. The 2.5% @ 55 retirement program will be implemented on January 1, 2008
for non -safety employees. Plan options will remain unchanged.
3. Concurrently, the entire 3.42% cost of the plan change (2.42% employer
and 1% employee) will be added to the employee's rate pursuant to
California Retirement Code Section 20516. This will bring the total
employee contribution to 10.42%. The City will continue to pay 7% towards
the employee share. Employees will pay the balance on a pre-tax basis
pursuant to IRS Code Section 414(h)(2).
4. Implementation of this agreement requires the affirmative vote of a majority
of the City's Miscellaneous Retirement Plan Members. If this does not
occur, the City and Association will reopen negotiations on retirement issues
only.
5. All other matters within the scope of representation are covered in the
Memorandum of Understanding between the City and Association dated
January 1, 2005 through December 31, 2007 and successor Memoranda.
6. Should any part of this MOU or any provision herein contained be rendered
or declared invalid, by reason of any existing or subsequently enacted
Legislation, or by decree of a Court of competent jurisdiction, such
invalidation of such part or portion of this MOU shall not invalidate the
remaining portion hereto, and same shall remain in full force and effect. The
City and Association will meet and confer on those portions of the MOU
found invalid.
7. The term of this Supplemental MOU will be for 10 years, from July 1, 2007
through June 30,.2017. Neither party shall attempt to amend the provisions
contained herein during this 10-year term.
Signatures are on the next page.
Bv:
Hy:
Executed this 1714day of May, 2008:
Jeff Boyles, NBFA Preside
inokur, BFA Vi R-resid9nt
By: I '
Brian M
B
BF, T easurer
Ty Lunde,(N FA Health/Benefits Director
CITY OF
G
By:
Edward
ATTEST:
By: 'AU 197
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robin Clauson, City Attorney
EIPORT BEACH
elich, Mayor
SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING
This Supplemental Memorandum of Understanding (SMOU) modifies the
Memorandum of Understanding (MOU) between the City of Newport Beach and
the Newport Beach Firefighters Association for the term commencing January 1,
2005 and concluding December 31, 2007.
SECTION 4 — Fringe Benefits, Subsection E. Retiree Health Benefits Program is
amended to read as follows
2. Effective December 24, 2005
iii. Part C contributions (leave settlement as determined by
Association):
The Association has determined that the level of contribution for all
employees it represents will be 50% of sick and flex leave. Any
future changes are subject to the following constraints. All
employees within the Association must participate at the same level.
The participation level should be specified as a percentage of the
leave balance on hand in each employee's leave bank at the time of
separation from the City. The computation of the cash equivalent for
leave hours to be included in the MERP will be the same as the
computation used when leave is "cashed out" for other reasons.
However, individual employees must not have the option of receiving
compensation for the value of the same leave hours in the form of
cash.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City
would have the cash equivalent of 50% of whatever balance is in his
or her leave account added to the MERP, on a pre-tax basis. The
remaining 50% would be paid in cash as taxable income. Again,
individual employees would not have the option to deviate from this
breakout.
If the Association decides to participate in Part C contributions, at any
level, this same level of participation is mandatory for any conversion
of leave to cash by its members, with the exception of "spillover"
amounts above the maximum accumulation balance. No such
spillover payments will be included in Part C contributions. Use of
leave for time off purposes is not constrained by this prohibition.
1
eff Boyles,
{
Executed this$A day of Se lr,1 bee 2007:
By: --
By:
By:
CITY WP ACH
By:
Keith inokur, NBFA
Brian 4cDop ugh, NBFA
Mayor
ATTEST:
B � 7 • 14-716e(-4-i
Y�
City Clerk
AFPRO 4) AS TO FORM:
City Attorney
•
c_a060 CA)
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
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.
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, 2005 to December 31, 2007 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 2005-2007 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.
7
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution
or action of the City Council necessary to implement this MOU shall
be considered effective as of January 1, 2005. This MOU shall
remain in full force and effect until December 31, 2007, and the
provisions of this MOU shalt continue after the date of expiration of
this MOU in the event the parties are meeting and conferring on a
successor MOU.
The terms and conditions of this MOU shall prevail over any
conflicting provisions of the Newport Beach City Charter, the
ordinances, resolutions and policies of the City of Newport Beach,
and federal and state statutes, rules and regulations which either
specifically provide that agreements such as this prevail, confer
rights which may be waived by any collective bargaining
agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar
to, this MOU.
C. Release Time
1. 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 288 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.
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.
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
2
• •
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. During 2005
only, members may contribute time earned prior to July 1, 2005
until December 30, 2005. 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.
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
3
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
1. Space shall be provided on bulletin boards within the Fire
Department at their present location for the posting of notices and
bulletins relating to 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 or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E—
Mail) shall not contain personal attacks on any City official or
employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race, gender, ethnicity,
religion or other statutorily or constitutionally impermissible basis,
as well as any pornographic or obscene material. E—Mail may be
used for Association business on a limited basis and consistent
with Department Policy.
F. Maintenance of Membership
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
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 during the period of December 1 through December
31 each year. 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.
4
• •
G. 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.
Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions
agreed upon by the parties. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer concerning any issue within
the scope of representation except as expressly provided herein or by
mutual agreement of the parties. No representative of either party has the
authority to make, and none of the parties shall be bound by, any
statement, representation or agreement reached prior to the execution of
this MOU and not set forth herein.
Modifications
Any agreement, alteration, understanding, variation, or waiver or
modification of any of the terms or provisions of this MOU shall not be
binding upon the parties unless contained in a written document executed
by authorized representatives of the parties.
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.
5
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.
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
1. Salary Adjustments.
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%
6
Fire Prevention Series
Fire Inspector, Non -safety
Fire Engineer/PSI
Fire Prevention Specialist, Non -safety
Fire Engineer/PCI
Fire Prevention Specialist Plan Check,
Non -safety
Percent of
Fire Inspector,Non-safety
Top Step
N/A
115%
115%
125%
125%
Staff Captains and Deputy Fire Marshal shall receive an additional
7.5% of base pay over Line Captains.
a. Effective December 25, 2004, the City shall increase base
salary for the firefighter classification by two percent (2%)
(with increases for other classifications pursuant to the
matrix above).
b. Effective June 25, 2005, the City shall increase base salary
for the firefighter classification by one percent (1%) (with
increases for other classifications pursuant to the matrix
above).
c. Effective June 24, 2006, the City shall increase base salary
for the firefighter classification by three percent (3%) (with
increases for other classifications pursuant to the matrix
above).
d. Effective June 23, 2007, the City shall increase base salary
for the firefighter classification by two percent (2%) (with
increases for other classifications pursuant to the matrix
above).
Special Adjustment
Effective the pay period beginning December 24, 2005
(concurrent with the implementation of the revised retiree
medical benefit as set forth in Section 4E) base salaries shall
be increased by 1%.
2. 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.
B. Overtime — Hours Worked
1. Overtime shall consist of authorized work in excess of the normal
number of hours in any scheduled work shift or work in excess of
the maximum number of hours permitted by the United States
Department of Labor regulations for up to a twenty-eight (28) day
pay period. Use of Flex Leave, Vacation Leave, Holiday Leave,
and Sick Leave shall be considered as hours worked for the
purposes of determining eligibility for overtime pay pursuant to the
Fair Labor Standards Act and/or Department of Labor regulations.
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 or Fire
Engineer.
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.
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,
uniform jackets and liner, belts, work out shirts, work out trunks,
sweatshirt, base camp hat, and turnout safety clothing. City shall not be
responsible for providing employee with socks, underwear, cap or workout
shoes, or other clothing.
The City shall report the value of the required uniform at $1,369 to PERS.
The City will provide an adequate number of reserve turnouts at each
station to allow for proper turnout cleaning/decontamination. This
equipment will be used to temporarily replace an employee's personal
8
turnout equipment that cannot be placed in service because they are wet,
contaminated, or aged.
D. Scholastic/Certificate Achievement Pav
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. 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 member shall receive scholastic and/or
certificate achievement pay in accordance with the following:
1. Scholastic Pay
Years of College
Service: Semester/Unit:
2 or more 30
3 or more 60
3 90
4 or more 90
4 120
4 B.A./B.S.
2. Certificate Pay
Coursework:
Completion of
coursework for
Fire Officer I or
Fire
Prevention Officer II
of Actual Step in
Job Class Range:
1.5%/month
2.5%/month
3.5%/month
3.5%/month
4.5%/month
5.5%/month
% of Actual Step in
Job Class Range:
1.5%/month
9
Special Assignment Pav
The following additional payments shall be made to certain NBFA
members based on assignment:
1. Certified members of the Hazardous Materials Response Team
shall receive special assignment pay of five percent (5%) of base
pay per month.
2. Should the City establish a Tactical Paramedic Assignment, 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.
3. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of five
percent (5%) above base salary, plus overtime at the rate of time
and one half, for employees who are assigned special projects
outside of or above and beyond their normal job classification. 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.
F. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications shall
receive a five percent (5%) pay differential over their regular rate of pay for
all time worked in the higher job classification if they are assigned to work
in the higher job classification for a period of four (4) working hours or
longer:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Tiller Assignment
10
•
All holiday, vacation, sick leave and paid leave shall be paid at the
employee's regular rate of pay.
Assignments to higher rated classifications shall be made at the sole
discretion of the City.
G. 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.
H. 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).
Emergency Recall
If an employee who is not on stand-by or shift hold -over and is required to
return to work or to continue on duty during his/her off -duty hours for
actual firefighting, or similar emergency designated by the Department
Director, the employee shall receive a minimum of three (3) hours
compensation for the first hour worked and compensation for time worked
thereafter.
J. 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
11
certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
K. 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
1. Effective December 25, 2004, 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
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
8.77
9.69
10.62
11.54
11.54
11.54
11.54
0.00%
0, 00%
0.00%
0.00%
1.5%
2.5%
3.5%
12
• •
Leave Accrual Longevity Pay
Years of Cont. Svc Hours/Pay Period Increase
Staff and Non -Safety
Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.26
6.92
7.59
8.24
8.24
8.24
8.24
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
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 Sec. 20636 (c) (1) for
purposes of computing retirement benefits and contributions.
2. 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
13
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. Subject to the provisions of Section 3(J), members shall be
entitled to accrue flex leave up to a maximum of seventy-
eight (78) times the member's bi-weekly accrual rate.
Earned flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay.
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 seventy-two (72) 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 seventy-eight (78) times the
member's bi-weekly accrual rate) unless, during the twelve
months preceding the election, the member has taken at
least ninety-six (96) hours of paid leave if a line employee
and eighty (80) hours of paid leave if a staff employee. For
the purposes of this section, Flex Leave shall include any
earned paid leave such as vacation leave, 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 six (6) 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).
B. Vacation Selection System
The City has implemented a vacation selection system (VSS) which
phased out mandatory scheduling for vacation relief in favor of leave
coverage by paying overtime to other members occupying the same
14
position. The City commits to maintain VSS subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year
during the term of this MOU, adopt a budget which provides for the
payment of overtime specifically for the purpose of implementing VSS.
The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave/Holiday time (leave) normally accrued by each
member during a fiscal year (total annual leave) multiplying total annual
leave, by that member's overtime rate of pay (value of leave) and then
adding the value of leave for each 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.
NBFA members on the vacation/sick leave system shall accrue as
follows:
Years of
Cont. Service
Line Employees
Less than 5
5 but less than 9
9 but less than 13
13 but less than 17
17 but less than 21
21 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
15
•
Years of
Cont. Service
Staff Employees
Less than 5
5 but Tess than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Maximum vacation accrual shall be seventy-eight (78) times the
member's bi-weekly accrual rate.
2. Sick Leave Conversion
Members who, at the end of any calendar year have a sick leave
bank greater than a sum equal to eighty—six (86) times their normal
bi—weekly sick leave accrual rate and who have used six (6) or
fewer days during the calendar year, may elect to covert up to six
(6) days of sick leave to three (3) days pay or, with the approval of
the Fire Chief, three (3) days of vacation. Members shall elect to
convert to sick leave within sixty (60) days after the end of any
calendar year.
E. Holiday Time
1. 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
16
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
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, and grandparents. The provisions of this Section shall not diminish
or reduce any rights a member may have pursuant to applicable
provisions of State or Federal law.
17
•
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.
I. Sick Leave Pay Out
Upon paid retirement, termination in good standing or death, but not
termination for cause or resignation in lieu of termination, any member or
his/her estate shall be paid, at the rate of 109% of their 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
hours for Line Employees (for example if a Line Employee had
accumulated 1400 hours of Sick Leave and retired after 16 years he or
she would receive Terminal Sick Leave Pay in a sum equal to 109% of
their base salary per hour for 450 hours of Sick Leave — 1200 hours
multiplied by .375).
J. Flex Leave Premium Pay Account
NBFA members shall have the right to receive pay, at the rate of 109% of
their then current base salary, for any Flex Leave banked, up to a
maximum of seventy-eight (78) times their bi—weekly Flex Leave accrual
rate as of June 30, 1994 (Flex Leave Premium Pay Account). The Flex
Leave Premium Pay Account balance shall be shown on each member's
regular pay stub. The Flex Leave Premium Pay Account shall be reduced
in accordance with member purchases. Each member shall, upon
termination, resignation, retirement or other separation from service,
receive terminal pay at the rate of 109% of their then current base salary
18
• •
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 109% 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 109% of their then current base
salary for all accrued Vacation Leave to the full extent of the remaining
balance in the Vacation Leave Premium Pay Account with any remaining
Vacation Leave paid upon termination at the then current base salary.
The provisions of this section shall apply only to members employed by
the City of Newport Beach on or before June 30, 1994.
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
accordance with the provisions of Section 4850 et. seq. of the Labor Code
of the State of California.
M. 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.
19
• •
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.
Effective June 25, 2005, the City contribution toward the Cafeteria
Plan shall be $674. In addition, the City shall contribute the
minimum CatPERS 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 December 24, 2005 the City's contribution towards the
Cafeteria Plan will increase to $724, (plus the minimum CaIPERS
participating employer's contribution).
Effective December 23, 2006 the City's contribution towards the
Cafeteria Plan will increase to $774, (plus the minimum CaIPERS
participating employer's contribution).
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
20
• •
insurance coverage on an annual basis.
3. Dental lnsurance
The existing or comparable dental plans shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as
part of the City's health plan offerings as agreed upon by the
Benefits Information Committee.
5. 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. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee
to reduce taxable income for payment of allowable expenses such
as child care and medical expenses. The City shall maintain a
"reimbursable account program" in accordance with the provisions
of Section 125 of the Internal Revenue Code, pursuant to which an
Association member may request that medical, child care and other
eligible expenses be paid or reimbursed by the City out of the
employee's account. The base salary of the employee will be
reduced by the amount designated by the employee for
reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD)
disability insurance to all regular full time employees with the
following provisions:
Weekly Benefit 66.67% gross weekly wages
Maximum Benefit $10,000lmonth
21
• •
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves
prior to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid
leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance
cost in the amount of one (1.0%) percent of base salary.
Simultaneously, the City increased base wages by one (1.0%)
percent.
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.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a
properly licensed provider. Association members and their family
members may access the EAP subject to provider guidelines.
D. The Retirement Benefit
Pursuant to Section 20691 of the California Government Code, the
City shall pay to PERS, on behalf of all employees covered by this
agreement, the entire required normal "safety member" retirement
contribution, but not to exceed 9% of the compensation earnable
which PERS uses to calculate retirement contributions and benefits
and the entire normal miscellaneous member contribution, not to
exceed 7%. In addition, the amount of this payment shall be
reported to PERS as special compensation, which is part of the
employee's compensation earnable, pursuant to the provisions of
Section 20636 (c)(4) of the California Government Code, as
amended effective July 1, 1994. This payment shall be credited to
the employee's accounts maintained by PERS in accordance with
Section 20691 of the California Government Code. NBFA
acknowledges that the City is making this payment pursuant to a
22
• •
specific request of NBFA to do so, that the City has made
significant financial commitments to NBFA in this MOU in
consideration of the members' agreement to relinquish their
previously held "irrevocable right" to pay their own PERS
contribution and receive a corresponding salary increase, and that
the significant financial concessions to NBFA (which included
Leave Premium Pay Accounts, changes in the calculation of "hours
worked" for purposes of overtime and internal salary adjustments)
were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBFA members
exercise their irrevocable right to make their own PERS contribution
and receive a corresponding salary increase.
2. The City's contract with PERS shall also provides for:
a. A 3% @ 55 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section
20930.3 of the California Government Code and the highest
year benefit pursuant to Section 20042.
c. The Level 4 1959 Survivors Benefits.
The City will amend its PERS contract to provide the pre -retirement option
settlement 2 death benefit (Section 21548) to be effective July 23, 2005.
The City will further amend its PERS contract to provide for the 3% @ 50
retirement formula to be in effect no later than December 31, 2007.
E. Retiree Health Benefits Program
1. Prior to December 24, 2005
An employee is eligible for retiree medical benefits under this program
after seven years of service to the City of Newport Beach if the
employee retires from the City and is a PERS annuitant. This program
is inclusive of an employee's right to medical insurance coverage
under the CaIPERS medical insurance plan and the mandatory
minimum employer contribution to said plan on behalf of the annuitant.
a. The City has implemented the $400 per month cap for retiree
medical insurance premium contributions as agreed to by the City
and the Newport Beach Firefighters Association. The City and
active employees shall be responsible for 3/4ths (1/2 City and 1/4
actives) of retiree medical insurance premium under this program
to a maximum of $400. Retirees shall be responsible for any
23
• •
remaining medical insurance premiums. For NBFA unit
employees, the per month employee deduction for retiree
medical insurance shall be $44.07 per month.
Subsequent contribution levels shall be set as needed in the
month of July per the formula described above. Prior to
increasing the deductions for the employee's contribution share,
the City shall provide NBFA with documentation supporting the
need for said increase at least 90 days in advance of the effective
date of the increase. Upon request, City representatives will meet
and consult with NBFA prior to any increases in employee
deduction levels.
b. In order to accumulate funds to meet the potential unfunded
liability in retiree medical insurance premium payments as
projected by the City's actuary and in addition to the contribution
in (a) above; each NBFA unit employee will contribute $10 per
month and the City shall contribute $20 per employee per month
into an interest bearing trust account. These contributions will be
continued until the projected liability is satisfactorily funded
(approximately 30 years), or until such time as the City and NBFA
mutually agree to end the funding on behalf of NBFA members.
Accumulated funds from the employee and employer
contributions described above shall be held separate from the
City's general fund. These funds shall be kept in an interest
bearing account and may only be used to pay for unfunded retiree
medical insurance premiums not covered by the funds collected
under E1(a).
In the event the retiree medical insurance program described
herein is discontinued, NBFA members will receive an accounting
on any remaining funds and the City will immediately meet and
confer with NBFA on the distribution of said funds back to active
(not retired/full-time) City employees in the NBFA unit.
The City will provide NBFA with an annual report certified by the
City Finance Director describing the balance, interest earnings,
and any expenditures of the 'trust account described herein.
2. Effective December 24, 2005
a. Overview
A new Defined Contribution Plan will be established to set aside
funds for employee medical expenses during retirement. This plan
24
• •
will replace the existing Defined Benefit Plan ("old plan"), which will
be phased out. The plan will be a Medical Expense
Reimbursement Plan ("MERP") funded through an Integral Part
Trust (IPT).
b. Structure
Each employee will have an individual MERP account for
bookkeeping purposes, called his or her "Employee Account." This
account will accumulate contributions to be used for health care
expense after retirement. All contributions to the plan are either
mandatory employee contributions or City paid employer
contributions, so they are not taxable to employees at the time of
deposit. Earnings from investment of funds in the account are not
taxable when posted to the account. Benefit payments are not
taxable when withdrawn, because the plan requires that all
distributions be spent for specified health care purposes.
Contributions will be in three parts.
i. Part A contributions (mandatory employee): 1% of Salary.
ii. Part B contributions (employer for employees fully converting to
new plan): $1.50 per month for each year of service plus year
of age (updated every January 1st based on status as of
December 315t of the prior year).
iii. Part C contributions (leave settlement as determined by
Association):
No later than November 30, 2005, 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 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.
The computation of the cash equivalent for leave hours to be
included in the MERP will be the same as the computation
used when leave is "cashed out" for other reasons. However,
individual employees must not have the option of receiving
compensation for the value of the same leave hours in the form
of cash.
25
For example, if the Association wishes to specify 50% of the
leave balance as the participation level, then each member
leaving the City would have the cash equivalent of 50% of
whatever balance is in his or her leave account added to the
MERP, on a pre-tax basis. The remaining 50% would be paid
in cash as taxable income. Again, individual employees would
not have the option to deviate from this breakout.
If the Association decides to participate in Part C contributions,
at any level, its members will not have the right to voluntarily
convert leave to cash for one full year prior to retirement, other
than "spillover" of amounts above the maximum accumulation
balance. However, taking leave for time off purposes would
not be constrained.
Sick leave balances may also be included in the MERP, but
only to the extent and within all the numeric parameters
specified in the Employee Policy Manual. Section 11.21 of the
Manual contains a schedule which specifies the amount of sick
leave that can be `bashed out," based on time of service. The
manual also caps the number of hours that can be "cashed out"
at 800, and specifies that sick leave hours are "cashed out" on
a 2 for 1 basis (800 hours of sick leave are converted to 400
hours for cash purposes). Sick leave participation is a
separate item from vacation/flex leave participation, and
thresholds must be separately identified by the Association.
Part A contributions may be included in PERS compensation. Part
B and Part C contributions will not be included in PERS
compensation.
Part A contributions begin upon enrollment in the program and are
credited to each MERP Employee Account each pay period.
Eligibility for Part B contributions is set at five years of City
employment. At that time, the City will credit the first five years
worth of Part B contributions into the Employee Account (interest
does not accrue during that period). Thereafter, contributions are
made monthly. Part C deposits, if any, will be made at the time of
employment termination.
Each Employee has a right to reimbursement of medical expenses
(as defined below) from the Plan until the Employee Account
balance is zero. This right is triggered upon retirement. If an
employee leaves the City prior to five years employment, only the
Part A contributions and Part C leave settlement contributions, if
any, will be in the MERP Employee Account. An employee who
26
• •
leaves City employment within the first five years will not be entitled
to any Part B contributions.
Distributions from MERP Employee Accounts are restricted to use
for health insurance and medical care expenses after retirement, as
defined by the Internal Revenue Code Section 213(d) (as explained
in IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this
generally includes premiums for medical insurance, dental
insurance, vision insurance, supplemental medical insurance, long
term care insurance, and miscellaneous medical expenses not
covered by insurance for the employee and his or her spouse and
legal dependents — again only as permitted by IRS Publication 502.
Qualification for dependency status will be determined by
guidelines in IRC 152. If used for these purposes, distributions
from the MERP accounts will not be taxable. Cash withdrawal for
any other purpose is prohibited. Under recent IRS Revenue Ruling
2005-24, any balance remaining in the Employee Account after the
death of the employee and his or her spouse and/or other
authorized dependents (if any) must be forfeited. That particular
MERP Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CaIPERS participating
employer's contribution towards medical insurance after retirement.
The parties also agree that, for retirees selecting a CalPERS
medical plan, or any other plan with a similar employer contribution
requirement, the required City contribution will be withdrawn from
the retiree's MERP account.
c. Employee Participation
i. New Employees
Participation in the new plan is mandatory from the onset of
employment. New employees will make no contributions to the
old plan.
ii. Conversion Threshold for Current Employees
Safety: Members whose age plus years of service equal 45 or
less at the time of implementation must convert to the new
plan. Those with age plus years of service of 46 or more have
the option of fully converting or remaining in the old plan with
modified participation in the new plan.
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• •
Non -Safety: Members whose age plus years of service equal
49 or less at the time of implementation must convert to the
new plan. Those with age plus years of service of 50 or more
have the option of fully converting or remaining in the old plan
with modified participation in the new plan.
iii. Current Employees Fully Converting to New Plan
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a
one-time City contribution to their individual IPT accounts that
equates to $100 per month for every month they contributed to
the current plan, to a maximum of 15 years (180 months). This
contribution will be made at the time of retirement, and only if
the employee retires from the City. No interest will be earned
in the interim.
Employees in this category will make no further contributions to
the existing plan, and will no longer participate in it. The parties
agree that this one time payment by the City satisfies the
requirement in paragraph E1.b. of Section 4 (Fringe Benefits)
of the previous MOUs regarding an accounting and potential
distribution of contributions upon discontinuation of the
previous version of the Retiree Medical Program.
iv. Current Employees Continuing to Participate in Some Elements
of Old Plan
Employees in this category will contribute a flat $100 per month
to the old plan for the duration of their employment. The
maximum benefit provided by the old plan at retirement is
$4800.00 per year, accruing at the current rate of $400.00 per
month. City share of each retiree's cost may be used for
anything authorized for the IPT program, rather than just for
Insurance Premiums for one of the City plans. There is no
cash out option for these funds.
Employees remaining on the aid plan will also participate in the
IPT program, with Part A contributions being mandatory; no
Part B contributions; and Part C contributions if applicable.
Employees in this category will also receive an additional one-
time City contribution of $75 per month for every month they
contributed to the old plan prior to the date of implementation of
28
the new program, up to a maximum of 15 years (180 months).
This contribution will be made to the IPT account at the time of
retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
d. Retroactivity
Limited retroactivity is provided for employees who retired from the
City during the period covered by the contract in which this new
program is implemented, but before the program is implemented.
For those employees who retired under the old program during this
period, the provision for increased flexibility in the use of the
$4800.00 maximum (accruing at $400 per month) benefit will apply.
In addition, a MERP account will be opened for each employee in
this category, and a contribution of $75 per month for each month
of prior contribution to the old plan will be deposited by the City.
No other provisions of the new program are applicable to
employees in this category, and no provisions of the program are
applicable to any other existing retirees.
e. Administration
A vendor will be selected by the City to administer the MERP. The
contract expense for program -wide administration by the vendor will
be paid by the City. However, specific vendor charges for
individual account transactions that vary according to the
investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee will have the
authority to determine investment options that will be available
through the plan.
f. Value of Benefit
For all purposes, the MERP shall be valued at 1% of salary on
which PERS retirement is based (Part A); plus .25% of other
compensation (Part B).
F. Tuition Reimbursement
Maximum tuition reimbursement for NBFA members shall be $1,000 per
fiscal year.
29
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
other student expenses for approved job —related courses.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of
the Human Resources Director.
2. Non -College Courses
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 and seminars will be considered pre -authorized in
the following areas: management and supervision, oral and written
communications, conflict resolution, fire ground operations, rescue
systems, legal issues, media relations, risk management, EMS, health
and safety, apparatus operator, auto extrication, fire prevention, arson
investigation, and critical incident stress management.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a document or certificate
showing successful completion of the class or seminar. All claims for
tuition reimbursement require the approval of the Fire Training Division
Chief before submittal to Human Resources.
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 $10,000 per year for
the acquisition, maintenance, repair, improvement, or replacement
of fitness equipment. Up to $7,500 may be carried over to a
subsequent fiscal year(s).
30
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
Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager
determines that a reduction in the work force is warranted because of
actual or anticipated reductions in revenue, reorganization of the work
force, a reduction in municipal services, a reduction in the demand for
service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification or
Series and this Section should be interpreted accordingly.
1. Definitions
a. "Layoffs" or "Laid off" shall mean the non —disciplinary
termination of employment.
b. "Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the
date on which the employee was first granted permanent
status, subject to the following:
Credit shall be given only for continuous service
subsequent to the most recent appointment to
permanent status in the Classification or Series;
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.
c. "Classification" shall mean one or more full time positions
identical or similar in duties and embraced by a single job
31
• •
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
32
• •
notify the Department Director within seven (7) working days
after notice of layoff of his/her intention to exercise Bumping
Rights.
d. In the event two or more employees in the same
Classification are subject to layoff and have the same
seniority, the employees shall be laid off in inverse order of
their position on the eligibility list or lists from which they
were appointed. In the event at least one of the employees
was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay—off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice.
In addition, employees laid off will be paid for all accumulated paid
leave, holiday leave (if any), and accumulated sick leave to the
extent permitted by the 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. Re-employment lists will be valid for two (2) years. The re—
employment list shall remain in effect until exhausted by removal of
all names on the list. In the event a vacant position occurs in the
Classification which the employee occupied at the time of layoff, or
a lower ranking Classification within a Series, the employee at the
top of the Department re—employment list shall have the right to
appointment to the position, provided, he or she reports to work
within seven (7) days of written notice of appointment. Notice shall
be deemed given when personally delivered to the employee or
deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her 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.
33
• •
B. Schedule
The City shall have the right to designate a 14 day or 28 day work period
pursuant to Section 29 USC 507(k) (7k exemption), provided, however,
the 7k exemption shall not affect the City's obligation to pay overtime
pursuant to provisions of this MOU including the provisions of Section
1(D)1.
C. Discipline Plan
Any discipline shall be in accordance with Department SOP and the
Employee Policy Manual.
D. Fire Suppression 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 fire suppression personnel for
each engine company, four fire suppression personnel for each truck
company, and two firefighter/paramedics on each paramedic unit. PAU
staffing shall conform to the provisions in Section 5(G).
E. 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.
F. Pre -Hospital Emergency Medical Services (EMS) System
1. In a prior MOU, the City and Association have met and conferred
on the City's Paramedic and Emergency Transportation System.
The parties at that time agreed as follows:
Two engine companies shall be converted to a Paramedic
Assessment Unit (PAU's. The two current paramedic units shall be
converted to Paramedic Ambulances (PAU's) and a City operated
24-hour Basic Life Support (BLS) ambulance shall be staffed by
34
• •
two sworn Firefighter EMT-D's. The PA's shall normally transport
patients requiring advanced life support (ALS) . The BLS
ambulance shall normally transport patients requiring basic life
support (BLS). Either the PA's or the BLS ambulance may
transport ALS or BLS patients based upon operational need.
EMS Staffing
All such services shall be staffed using sworn personnel
represented by the NBFA. It is understood that the City and the
NBFA have agreed to staff one of the three Paramedic Units
(PAU's) using existing personnel. Six firefighters assigned to the
fourth (4th) position on Truck 62 and Truck 63 pursuant to Section
5.D of this MOU have been reclassified as Fire Paramedics and
reassigned to a Paramedic Unit. Should the City reduce or
eliminate the number of Paramedic Units serving the city, these six
positions will be reclassified as Firefighters and reassigned to the
fourth (4th) position on Truck 62 and Truck 63.
Should the City make changes in this program that fall within the
scope of representation, the City shall give appropriate notice to the
Association and provide the opportunity for the Association to meet
and confer on matters within scope.
G. 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.
H. Fire Inspection Classifications
Existing flexible staffing provisions in Fire Prevention Classifications shall
remain in effect for the term of this agreement.
Exposure Log
The City maintains an exposure log system.
Signatures are on the following page.
35
Executed this
By:
I/1dayof (oUikW
Rich Thomas, NBFA
L/Jeff Boyles, N
Keith Winokur, N
CITY OF NEWPORT BEACH
By:
ATTEST:
ohr' Heffernan, Mayor
nv0147,, Ala2e„,
LaVonne Harkless, City Clerk
APPRVED AS TO FORM:
Robin Clauson, City Attorney
. 2005:
36
•
e• koO
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Letter of Understanding
between the City of Newport Beach ("City") and the Newport Beach Firefighters
Association IAFF Local 3734 ("NBFA") regarding an amendment to Section 2, sub-
section 6 of the Memorandum of Understanding between the City and the NBFA, for
the period of January 1, 2002 through December 31, 2004, pertaining to Overtime -
Hours Worked.
This Letter of Understanding (LOU) shall, by reference, become part of the
Memorandum of Understanding between the City of Newport Beach ("City") and the
Newport Beach Firefighters Association ("NBFA") for the period from January 1, 2002
through December 31, 2004.
When there are no volunteers signed up on the daily overtime List, certain employees
are ordered to work mandatory overtime to cover vacancies created by unscheduled
leave usage, such as sick leave, bereavement leave, and/or industrial accident leave.
This situation is exacerbated when long-term staffing vacancies exist at the same time.
By allowing qualified employees to voluntarily work overtime in a classification lower
than their current classification (downgrade,) certain employees would not be forced to
work. It is agreed that the City and the NBFA wish to amend existing special pay
provisions for employees who elect to work overtime in a class lower than their current
class by adding the class of Fire Paramedic to the list of position in which qualified
personnel my work downgrade. It is also agreed that Title 29 of the United States Code,
Section 207 (g), allows an employer and employee to agree, in advance of the
performance of the work, that the employee will be paid during overtime hours at a rate
not less than one and one-half times the hourly, non -overtime rate established for the
type of work he is performing during such overtime hours. No additional overtime
compensation will be due under the Fair Labor Standards Act provided the general
requirements set forth in Section 778.417 and 778.419 are met.
Therefore the City and the NBFA agree to amend Section 2, sub -section 6, as follows:
Letter of Understanding between the City and NBFA
June 20, 2003
3300 Newport Boulevard, Newport Beach Page 1 of 2
•
• •
Section 2 - COMPENSATION
Sub -section 6 Overtime - Hours Worked.
(c) 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
Fire Paramedic.
Rich Thomas, President
Newport Beach Firefighters Association
IAFF Local 3734
�1n Ly )( l oo3
Date
Homer L. Bludau6City Manager
City of Newport Beach
Letter of Understanding between the City and NBFA
June 20, 2003
Page 2 of 2
•
Letter of Understanding •`
between the City of Newport Beach (" City") and the Newport Beach Firefighters
Association (" NBFA") regarding a temporary amendment to SECTION 2.-
COMPENSATION of the Memorandum of Understanding between the City and the
NBFA, for the period of June 1, 2002 through December 31, 2004, pertaining to a Special
Step Increase for Fire Apparatus Driver/Operator Certification.
This Letter of Understanding (LOU) shall, by reference, become part of the
Memorandum of Understanding between the City of Newport Beach (" City") and the
Newport Beach Firefighters Association (" NBFA") for the period from January 1, 2002
through December 31, 2004. The terms of this LOU will expire on December 31, 2004.
As a result of the establishment of three new engineer positions to service a new fire
station in Santa Ana Heights, and the establishment of three new engineer positions to
service a new fire station in Newport Coast, and due to the recent and anticipated
retirements of many members assigned to the position of Fire Engineer, the CITY is
faced with a temporary shortage of members certified as Newport Beach Fire
Apparatus Driver/Operators.
In the interest of public safety, and to lessen the impact that projected staffing vacancies
may have on our existing Fire Engineers, the CITY believes it is mutually in our best
interests to encourage new employees to obtain certification as Newport Beach Fire
Apparatus Driver/Operators as soon as possible.
Therefore the City and the NBFA agree to add Section 2, sub -section 12, as follows:
Section 2 — COMPENSATION
12. Fire Apparatus Driver Operator Certification —Special Step Increase.
Any employee hired on or after September 1, 2000, who successfully completes
the Newport Beach Fire Department Fire Apparatus Driver Operator
Certification Program will receive a one-time, step increase of five percent (5%.)
Said step increase will not change their anniversary date for the purposes of
establishing normal merit advancement. The employee must meet the following
conditions to be eligible for the step increase:
a) The employee must have successfully completed their entry-level
probationary firefighter program, and
b) The employee must have satisfactorily completed one and one-half (1 14 years
of service with the Newport Beach Fire Department prior to the termination
of the term of this Letter of Understanding on December 31, 2004, and
Letter of Understanding
Between CNB & NBFA regarding
Apparatus Operator Certification Step Increase
08/19/2002, Page 1 of 2
4
•
Letter of Understanding
•
c) The employee must successfully complete the Certification Program prior to
the completion of two (2) years of service with the Newport Beach Fire
Department.
Rich Thomas, President
Newport Beach Firefighters Association
j7- D.9 - Oz-
Date
Homer L. Bluau, City Manager
City of Newport Beach
Date
31Z6/o 7-
Letter of Understanding
Between CNB & NBFA regarding
Apparatus Operator Certification Step Increase
08/19/2002, Page 2 of 2
• i
f
i
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
TABLE OF CONTENTS
Preamble
Section 1. General Provisions
Recognition 1
Duration of Memorandum 1
Scope . 2
Bulletin Boards 2
Conclusiveness 3
Modifications 3
Savings 3
Impasse 3
Definitions 4
Maintenance of Membership 4
Section 2. Compensation
Direct Wage Payments 4
Salary Adjustments 4
Flex Leave Premium Pay Account 6
Vacation Leave Premium Pay Account 7
Scholastic/Certificate Achievement Pay 7
Certificate Pay 8
Overtime — Hours Worked 8
Vacation Selection System 9
Special Assignment Pay 9
Temporary Upgrading of Employees
Shift Holdover
Emergency Recall
Sick Leave Pay Out
Section 3. Leaves
Flex Leave 11
Holiday Time 14
Workers Compensation Leave 16
Varation/Sick Leave 16
Sick Leave Conversion 17
10
10
11
11
i
• •
Family Sick Leave 17
Bereavement Leave 17
Reassignment 17
Section 4. Frinae Benefits
Health/Dental Insurance 18
Retirement Benefits 18
Benefits Information Committee 19
Retiree Health Insurance 19
Disability Insurance 21
Employee Assistance Program 21
Fitness Program 21
Physical Conditioning Equipment 21
Required Uniform 22
Court Standby Pay 22
Tuition Reimbursement 22
Section 5. Miscellaneous Provisions
Schedule 23
Dues Check -off 23
Flex Leave/Vacation Leave Access 23
Fire Suppression Staffing Levels 23
Jury Duty 23
EMT Certification 23
Reduction in Force/Layoffs 24
Definitions 24
Procedures 25
Notice... 26
Re -Employment 26
Severance Pay 26
Discipline Plan 26
Association Leave 26
Y-Rating 27
Pre -Hospital Emergency Medical Services (EMS) System 28
EMS Staffing 28
Catastrophic Leave 28
No Smoking 29
Fire Inspection Classifications 29
Exposure Log 29
Reopener 29
• •
C Zoo
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
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, 2002 to December 31, 2004 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 2002-2004 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.
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, 2002. This MOU shall remain in full
1
• •
force and effect until December 31, 2004, and the provisions of this MOU
shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements
such as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
C. Scope.
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU, or in the case of the
Department SOP's falling within the scope of representation, the City has
given notice to the Association and, upon request, met and conferred on
any proposed changes which fall within the scope of representation.
When the Department proposes to change any SOP departmental rule or
regulation, it will provide a copy of such change to the Union no less than
seven (7) days prior to implementation of the proposed change. If such
proposed change materially impacts any matter within the scope of
representation, then the parties agree to meet and confer over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-50.
D. Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire Department at
their present location for the posting of notices and bulletins relating to
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 or other statutorily or
constitutionally impermissible basis, as well as any pornographic or
obscene material.
2
2. Material posted and messages sent through electronic mail (E—Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material. E—
Mail may be used for Association business on a limited basis and
consistent with Department Policy.
E. Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of the
parties. No representative of either party has the authority to make, and none of
the parties shall be bound by, any statement, representation or agreement reached
prior to the execution of this MOU and not set forth herein.
F. Modifications.
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives of
the parties.
G. SavinQs.
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.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation
pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a
successor resolution.
3
I. 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 I
classifications represented by NBFA. i
1
1
2. The term "staff employee" shall mean any NBFA member who is assigned
to work a 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.
7. Maintenance of Membership
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 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 during the period of December 1
through December 31 each year. 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.
SECTION 2. — COMPENSATION
A. Direct Wage Payments.
1. Salary Adjustments.
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:
4
• •
Percent of
Firefighter
Top Step
Firefighter Series
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Line Captain 132.00%
Percent of
Fire Inspector -Non -safety
Top Step
Fire Prevention Series
Fire Inspector, Non -safety N/A
Fire Prevention Specialist, Safety 115%
Fire Prevention Specialist, Non -safety 115%
Fire Prevention Specialist Plan Check,
Safety 125%
Fire Prevention Specialist Plan Check,
Non -safety 125%
Staff Captains and Deputy Fire Marshal shall receive an additional 7.5%
of base pay over Line Captains.
Firefighter Series
(a) Effective December 29, 2001, the City shall increase base salary
for the firefighter classification by eight (8%) percent (with
increases for other classifications pursuant to the matrix above).
This increase is inclusive of a five (5%) percent market
adjustment.
(b) Effective January 11, 2003, the City shall increase base salary for
the firefighter classification by three (3%) percent (with increases
for other classifications pursuant to the matrix above).
(c) Effective June 28, 2003, the City shall increase base salary for the
firefighter classification by two (2%) percent (with increases for
other classifications pursuant to the matrix above).
(d) Effective January 10, 2004, the City shall increase base salary for
the firefighter classification by three (3%) percent (with increases
for other classifications pursuant to the matrix above).
(e)
Effective June 26, 2004, the City shall increase base salary for the
firefighter classification by two (2%) percent (with increases for
other classifications pursuant to the matrix above).
Fire Prevention Series
(a) Effective December 29, 2001, the City shall increase base salary
for the Fire Inspector, Non -Safety classification by eight (8%)
percent (with increases for other classifications pursuant to the
matrix above). This increase is inclusive of a five (5%) percent
market adjustment.
(b) Effective January 11, 2003, the City shall increase base salary for
the Fire Inspector, Non -Safety classification by three (3%) percent
(with increases for other classifications pursuant to the matrix
above).
(c) Effective June 28, 2003, the City shall increase base salary for the
Fire Inspector, Non -Safety classification by two (2%) percent
(with increases for other classifications pursuant to the matrix
above).
(d) Effective January 10, 2004, the City shall increase base salary for
the Fire Inspector, Non -Safety classification by three (3%)
percent (with increases for other classifications pursuant to the
matrix above).
(e) Effective June 26, 2004, the City shall increase base salary for the
Fire Inspector, Non -Safety classification by two (2%) percent
(with increases for other classifications pursuant to the matrix
above).
2. Flex Leave Premium Pay Account.
NBFA members shall have the right to receive pay, at the rate of 109% of
their then current base salary, for any Flex Leave banked, up to a
maximum of 78 times their bi—weekly Flex Leave accrual rate as of June
30, 1994 (Flex Leave Premium Pay Account). The Flex Leave Premium
Pay Account balance shall be shown on each member's regular pay stub.
The Flex Leave Premium Pay Account shall be reduced in accordance
with member purchases. Each member shall, upon termination,
resignation, retirement or other separation from service, receive terminal
pay at the rate of 109% of their then current base salary for all accrued
Flex Leave to the full extent of the remaining balance in the Flex Leave
Premium Pay Account with any remaining Flex Leave paid at the then
current base salary. The provisions of this section shall apply only to
members employed by the City of Newport Beach on or before June 30,
1994.
3. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program as of
June 30, 1994 shall be entitled to receive pay, at the rate of 109% of their
then current base salary, for any accumulated Vacation Leave up to a
maximum of 52 times their bi—weekly Vacation Leave accrual rate as of
June 30, 1994 (Vacation Leave Premium Pay Account). The Vacation
Leave Premium Pay Account balance shall be shown on each members
regular pay stub. The Vacation Premium Pay Account balance shall be
reduced commensurate with member purchases. Each member shall, upon
termination, resignation, retirement or other separation from service,
receive terminal pay at the rate of 109% of their then current base salary
for all accrued Vacation Leave to the full extent of the remaining balance
in the Vacation Leave Premium Pay Account with any remaining Vacation
Leave paid upon termination at the then current base salary. The
provisions of this section shall apply only to members employed by the
City of Newport Beach on or before June 30, 1994.
4. 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. 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 member shall receive scholastic and/or
certificate achievement pay in accordance with the following:
Years of College Monthly
Service: Semester/Unit: Compensation:
2 or more 30 1.5% mo/top step base FF salary
3 or more 60 2.5% mo/top step base FF salary
3 90 3.5% mo/top step base FF salary
4 or more 90 3.5% mo/top step base FF salary
4 120 4.5% mo/top step base FF salary
4 B.A./B.S. 5.5% mo/top step base FF salary
5. Certificate Pay.
Coursework: Monthly Compensation:
Completion of
coursework for
Fire Officer I or
Fire
Prevention Officer II.
6. Overtime — Hours Worked .
1.5%/mo base
(a) Overtime shall consist of authorized work in excess of the normal
number of hours in any scheduled work shift or work in excess of
the maximum number of hours permitted by the United States
Department of Labor regulations for up to a 28 day pay period.
Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick
Leave shall be considered as hours worked for the purposes of
determining eligibility for overtime pay pursuant to the Fair Labor
Standards Act and/or Department of Labor regulations.
(b) Temporary vacancies in line positions shall be selected in
accordance with Department S.O.P.
(c) 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 or Fire
Engineer.
(d) 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.
7. Vacation Selection System.
The City has implemented a vacation selection system (VSS) which
phased out mandatory scheduling for vacation relief in favor of leave
coverage by paying overtime to other members occupying the same
position. The City commits to maintain VSS subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year
during the term of this MOU, adopt a budget which provides for the
payment of overtime specifically for the purpose of implementing VSS.
The amount to be budgeted shall be calculated by computing the
Vacation/Flex leave/Holiday time (leave) normally accrued by each
member during a fiscal year (total annual leave) multiplying total annual
leave, by that member's overtime rate of pay (value of leave) and then
adding the value of leave for each 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.
8. Special Assignment Pay.
The following additional payments shall be made to certain NBFA
members based on assignment:
(a) Certified members of the Hazardous Materials Response Team
shall receive special assignment pay of five (5%) percent of base
pay per month.
(b) Should the City establish a Tactical Paramedic Assignment, 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.
(c) Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of 5% above
base salary, plus overtime at the rate of time and one half, for
employees who are assigned special projects outside of or above
and beyond their normal job classification. 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.
9. Temporary Upgrading of Employees.
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications shall
receive a five percent (5%) pay differential over their regular rate of pay
for all time worked in the higher job classification if they are assigned to
work in the higher job classification for a period of four (4) working hours
or longer:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Tiller Assignment
All holiday, vacation, sick leave and paid leave shall be paid at the
employee's regular rate of pay.
Assignments to higher rated classifications shall be made at the sole
discretion of the City.
10. 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).
10
11. Emergency Recall.
If an employee who is not on stand-by or shift hold -over and is required to
return to work or to continue on duty during his/her off -duty hours for
actual firefighting, or similar emergency designated by the Department
Director, the employee shall receive a minimum of three (3) hours
compensation for the first hour worked and compensation for time worked
thereafter.
12. Sick Leave Pay Out.
Upon paid retirement, termination in good standing or death, but not
termination for cause or resignation in lieu of termination, any member or
his/her estate shall be paid, at the rate of 109% of their 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
hours for Line Employees (for example if a Line Employee had
accumulated 1400 hours of Sick Leave and retired after 16 years he or she
would receive Terminal Sick Leave Pay in a sum equal to 109% of their
base salary per hour for 450 hours of Sick Leave — 1200 hours multiplied
by .375).
SECTION 3. - LEAVES
A. Flex Leave.
1. Subject to the provisions of subsection (b), 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:
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Leave Accrual Longevity Pay
Years of Cont. Svc Hours/Pay Period Increase
Line Employees
1 but less than 5 8.77 0.00%
5 but less than 9 9.69 0.00%
9 but less than 12 10.62 0.00%
12 but less than 16 11.54 0.00%
16 but less than 20 11.54 1.5%
20 but less than 25 11.54 2.5%
25 and over 11.54 3.5%
Leave Accrual Longevity Pay
Years of Cont. Svc Hours/Pay Period Increase
Staff and Non -Safety
Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.26
6.92
7.59
8.24
8.24
8.24
8.24
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
NBFA personnel hired or rehired by the City of Newport Beach on or after
10/1/96 shall accrue flex leave at the following rates:
Leave Accrual Longevity Pay
Years of Cont. Svc Hours/Pay Period Increase
Line Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
7.81
8.66
10.62
11.54
11.54
11.54
11.54
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
3.5%
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Leave Accrual Longevity Pay
Years of Cont. Svc Hours/Pay Period Increase
Staff and Non -Safety
Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
5.58
6.19
7.59
8.24
8.24
8.24
8.24
0.00%
0.00%
0.00%
0.00%
1.5%
2.5%
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 Sec. 20636 (c) (1) for purposes of computing
retirement benefits and contributions.
2. 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 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
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• •
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) Subject to the provisions of Section 2(A)(3), members shall be
entitled to accrue flex leave up to a maximum of 78 times the
member's bi-weekly accrual rate. Earned flex leave in excess of
the maximum permitted is currently paid bi-weekly at the
member's hourly rate of pay. 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 72 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 (78 times the member's bi-weekly accrual rate) unless,
during the twelve months preceding the election, the member has
taken at least ninety-six (96) hours of paid leave if a line employee
and eighty (80) hours of paid leave if a staff employee. For the
purposes of this section, Flex Leave shall include any earned paid
leave such as vacation leave, 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)
(g)
B. Holiday Time.
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 2.A.3.
Members currently in the vacation/sick leave program shall be
provided a one-time opportunity to convert to the flex -leave
program during the month of July 2002. All changes shall be
effective the first pay period in January 2002.
]. 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
14
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 132
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 eamable as defined
in Govemment Code Sec. 20636 (c) (6) for purposes of computing
retirement benefits and contributions.
Note: Individuals hired after December, 1996 shall be given a one-time
option, during the month of July 2002, to elect to receive up to one-half of
accrued holiday time as time off. All changes shall be effective the first
pay period in August. New employees shall have the same one-time
option upon hire. Employees hired prior to December 1996 shall have a
one-time option during the month of July 2002 to elect pay or time off for
the Martin Luther King Birthday holiday.
2. Staff and Non -Safety 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 City holidays off
at the sole discretion of the Fire Chief. Time will be charged against the
employee's flex (or vacation) leave bank.
Employees hired prior to December 1996 shall have a one-time option
during the month of July 2002 to elect pay or time off for the Martin
Luther King Birthday holiday.
15
C. 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 accordance with the provisions
of Section 4850 et. seq. of the Labor Code of the State of California.
D. 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 hours per month
and staff employees shall accrue sick leave at the rate of eight hours per
month.
NBFA members on the vacation/sick leave system shall accrue as follows:
Years of
Cont. Service
Line Employees
Leave Accrual
Hours/Pay Period
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
Cont. Service
Staff Employees
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Maximum vacation accrual shall be seventy-eight (78) times the member's bi-
weekly accrual rate.
16
2. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave bank
greater than a sum equal to eighty—six (86) times their normal bi—weekly
sick leave accrual rate and who have used six (6) or fewer days during the
calendar year, may elect to covert up to six (6) days of sick leave to three
(3) days pay or, with the approval of the Fire Chief, three (3) days of
vacation. Members shall elect to convert to sick leave within sixty (60)
days after the end of any calendar year.
3. Family Sick Leave.
Unit employees shall be entitled to use one-half (1/2) of their annual sick
leave accrual for an illness of a dependent which requires the presence of
the employee. Leave shall be administered in accordance with the
provisions of Section the Employee Policy Manual. The provisions of this
Section shall not be construed to affect or reduce the right of any
employee to any unpaid family medical leave authorized by State or
Federal law.
E. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family. Staff 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 90 hours of Bereavement Leave.
Bereavement leave shall be administered in accordance with the provisions of the
Employee Policy Manual. The provisions of this Section shall not diminish or
reduce any rights a member may have pursuant to applicable provisions of State
or Federal law.
F. 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.
17
• •
SECTION 4. — FRINGE BENEFITS
A. Health and Dental Insurance.
The City has implemented an IRS qualified Cafeteria Plan. NBFA members shall
join this plan effective July 1, 2002. The City contribution toward the Cafeteria
Plan shall be as set forth below. In addition, the City shall contribute a total of
$16 towards medical insurance. Employees shall have the option of allocating
Cafeteria Plan contributions towards the City's existing medical, dental and vision
insurances/programs. The City and the Newport Beach Firefighters Association
will cooperate in pursuing additional optional benefits to be available through the
Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as taxable cash
back. Employees shall be allowed to change coverages in accordance with plan
rules during regular open enrollment periods.
Effective January 2002, the City's contribution towards health insurance programs
will be a maximum of $500.
Effective July 2002, the City's contribution towards the Cafeteria Plan will be
$484 (plus the $16 medical contribution).
Effective January 2003, the City's contribution towards the Cafeteria Plan will be
$534 (plus the $16 medical contribution).
Effective January 2004, the City's contribution towards the Cafeteria Plan will be
$559 (plus the $16 medical contribution).
Effective upon the ratification of this agreement, NBFA members who do not
want to enroll in any health care plan offered by the City must provide evidence
of health care insurance coverage, and execute an opt -out agreement releasing the
City from any responsibility or liability to provide health care insurance coverage
on an annual basis.
B. Retirement Benefits.
1. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but
not to exceed 9% of the compensation eamable which PERS uses to
calculate retirement contributions and benefits and the entire normal
miscellaneous member contribution, not to exceed 7%. In addition, the
amount of this payment shall be reported to PERS as special
compensation, which is part of the employee's compensation eamable,
pursuant to the provisions of Section 20636 (c)(4) of the California
18
Government Code, as amended effective July 1, 1994. This payment shall
be credited to the employee's accounts maintained by PERS in accordance
with Section 20691 of the Califomia Govemment Code. NBFA
acknowledges that the City is making this payment pursuant to a specific
request of NBFA to do so, that the City has made significant financial
commitments to NBFA in this MOU in consideration of the members'
agreement to relinquish their previously held "irrevocable right" to pay
their own PERS contribution and receive a corresponding salary increase,
and that the significant financial concessions to NBFA (which included
Leave Premium Pay Accounts, changes in the calculation of "hours
worked" for purposes of overtime and internal salary adjustments) were
made to avoid the potential for increased overtime compensation
approximating $450,000 if all NBFA members exercise their irrevocable
right to make their own PERS contribution and receive a corresponding
salary increase.
2. The City's contract with PERS shall also provide for:
(a) A 3% @ 55 retirement formula pursuant to the provisions of
Section 21252.01 of the California Govemment Code and the 2%
@ 55 retirement formula for Miscellaneous employees.
(b)
(c)
The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
The Level 4 1959 Survivors Benefits.
C. Benefits Information Committee.
The City shall meet with a medical — dental information committee on a quarterly
basis. The committee shall be comprised of one representative from each
bargaining unit and up to three management representatives. Committee advisory
function shall include determination of coverage, preparation and solicitation of
bids, consultation with the City's broker, determination of plan coverage, and
selection of carrier and coverage options. Meetings and determinations shall be
coordinated to facilitate inclusion of findings or decisions in the collective
bargaining process.
D. Retiree Health Insurance.
An employee is eligible for retiree medical benefits under this program after
seven years of service to the City of Newport Beach if the employee retires from
the City and is a PERS annuitant. This program is inclusive of an employee's
right to medical insurance coverage under the Ca1PERS medical insurance plan
19
and the mandatory minimum of $16 per month employer contribution to said plan
on behalf of the annuitant.
The City has implemented a $400 per month cap for retiree medical insurance
premium contributions as agreed to by the City and the Newport Beach
Firefighters Employees Association. In accordance with existing agreements, the
City and active employees shall be responsible for 3/4ths (1/2 City and 1/4
actives) of retiree medical insurance premium under this program to a maximum
of $400. Retirees shall be responsible for any remaining medical insurance
premiums. The employee's current share of the retirement contribution in
accordance with the formulas set forth above shall be $27.47 per month.
Effective March 9th, 2002, the employee's current share of the retirement
contribution shall be $34.06 per month. Subsequent contribution levels shall be
set in January, annually, in accordance with the formula described above.
Prior to increasing the deductions for the employee's contribution share, the City
shall provide the NBFA with documentation supporting the need for said at least
90 days in advance of the effective date of the increase. Upon request, City
representatives will meet and consult with NBFA prior to any increases in
employee deduction levels. The parties agree that any increase will take effect as
soon as possible after January 1.
In order to accumulate funds to meet the potential unfounded liability in retiree
medical insurance premium payments as projected by the City's actuary and in
addition to the contribution described above, each NBFA unit employee will
contribute $10 per month and the City shall contribute $20 per month into an
interest bearing trust account. These contributions will be continued until the
projected liability is satisfactorily funded (approximately 30 years), or until such
time as the City and NBFA mutually agree to end the funding on behalf of NBFA
members.
Accumulated funds from the employee and employer contributions described
above shall be held separate from the City's general fund. The funds for the
unfunded liability account shall be kept in an interest bearing account and may
only be used to pay for unfounded retiree medical insurance premiums not
covered by the funds collected as described above.
In the event the retiree medical insurance program described herein is
discontinued, NBFA members will receive an accounting on any remaining funds
and the City will immediately meet and confer with NBFA on the distribution of
said funds back to active (not retired/full-time) City employees in the NBFA unit.
The City will provide NBFA with an annual report certified by the City Finance
Director describing the balance, interest earnings, and any expenditures of the
trust account described herein.
20
E. Disability Insurance.
The City shall provide disability insurance with the following provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $8,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement
the disability benefit with paid leave once the waiting period has been exhausted.
Employees are responsible for the payment of the disability insurance cost in the
amount of one (1.0%) percent of base salary. There will be no increase in the cost
of the disability insurance program for the term of this agreement.
F. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly licensed
provider. NBFA members may access the Employee Assistance Program at no
cost subject to provider guidelines.
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 $7,500.00 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness equipment.
Up to $7,500 may be carried over to a subsequent fiscal year(s).
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.
21
I. 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, uniform jackets and liner,
belts, work out shirts, work out trunks, and turnout safety clothing. City shall not
be responsible for providing employee with socks, underwear, cap or workout
shoes, or other clothing.
The City will report the value of the required uniform at $750.
The City will provide an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. This equipment will be used
to temporarily replace an employee's personal turnout equipment that cannot be
placed in service because they are wet, contaminated, or aged. These reserve
turnouts will be available by August 1, 2002.
J. 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 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.
K. Tuition Reimbursement.
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 other student expenses for approved job —
related courses. Maximum tuition reimbursement for employees shall be
$1,000.00 per fiscal year. Reimbursement is contingent upon the successful
completion of the course. Successful completion means a grade of "C" or better
for undergraduate courses and a grade of "B" or better for graduate courses. All
claims for tuition reimbursement require the approval of the Human Resources
Director.
22
• •
SECTION 5. — MISCELLANEOUS PROVISIONS
A. Schedule.
The City shall have the right to designate a 14 day or 28 day work period pursuant
to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption
shall not affect the City's obligation to pay overtime pursuant to provisions of this
MOU including the provisions of Section 1(c)1.
B. 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.
C. Flex Leave/Vacation Leave Access.
Flex Leave and Vacation Leave may be taken in 6-hour increments.
D. Fire Suppression 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 fire suppression personnel for each engine company, four fire
suppression personnel for each truck company, and two firefighter/paramedics on
each paramedic unit. PAU staffing shall conform to the provisions in Section K.
E. Jury Duty.
NBFA members who are assigned to line positions and are called to jury duty
shall be excused for each 24 hour shift during which the member is required to
attend court and sit on a jury or await assignment.
F. 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,
23
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.
G. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager determines that
a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in municipal
services, a reduction in the demand for service or other reasons unrelated to the
performance of duties by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of seniority within a particular
Classification or Series and this Section should be interpreted accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off" shall mean the non —disciplinary
termination of employment.
(b)
"Seniority" shall mean the time an employee has worked in a
specific Classification within a Series calculated from the date on
which the employee was first granted permanent status, subject to
the following:
(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.
(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 ranlcing, 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
24
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.
(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
25
3. Notice.
Employees subject to lay—off shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent permitted
by the Personnel Resolution.
4. Re —Employment.
Permanent and probationary employees who are laid off shall be placed on
a Department re—employment list in reverse order of layoff. Re-
employment lists will be valid for two (2) years. The re—employment list
shall remain in effect until exhausted by removal of all names on the list.
In the event a vacant position occurs in the Classification which the
employee occupied at the time of layoff, or a lower ranking Classification
within a Series, the employee at the top of the Department re—employment
list shall have the right to appointment to the position, provided, he or she
reports to work within seven (7) days of written notice of appointment.
Notice shall be deemed given when personally delivered to the employee
or deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her 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.
H. Discipline Plan.
Any discipline shall be in accordance with Department SOP and the Employee
Policy Manual.
I. Association Leave.
1. 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;
26
(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 225 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.
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. hi 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.
J. 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.
27
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.
K. Pre -Hospital Emergency Medical Services (EMS) System.
1. In a prior MOU, the City and Association have met and conferred on the
City's Paramedic and Emergency Transportation System. The parties at
that time agreed as follows:
Two engine companies shall be converted to a Paramedic Assessment Unit
(PAU's. The two current paramedic units shall be converted to Paramedic
Ambulances (PAU's) and a City operated 24-hour Basic Life Support
(BLS) ambulance shall be staffed by two sworn Firefighter EMT-D's. The
PA's shall normally transport patients requiring advanced life support
(ALS) . The BLS ambulance shall normally transport patients requiring
basic life support (BLS). Either the PA's or the BLS ambulance may
transport ALS or BLS patients based upon operational need.
2. EMS Staffing.
All such services shall be staffed using swom personnel represented by the
NBFA. It is understood that the City and the NBFA have agreed to staff
one of the three Paramedic Units (PAU's) using existing personnel. Six
firefighters assigned to the fourth (4th) position on Truck 62 and Truck 63
pursuant to Section 5.D of this MOU have been reclassified as Fire
Paramedics and_reassigned to a Paramedic Unit. Should the City reduce
or eliminate the number of Paramedic Units serving the city, these six
positions will be reclassified as Firefighters and reassigned to the fourth
(41h) position on Truck 62 and Truck 63.
Should the City make changes in this program that fall within the scope of
representation, the City shall give appropriate notice to the Association
and provide the opportunity for the Association to meet and confer on
matters within scope.
L. Catastrophic Leave.
Unit members may participate in the City's Catastrophic Leave Program.
28
i. No Smoking,
All employees hired after January 1, 1999
products at any time while on, or off, duty.
an agreement consistent with this section.
subject the employee to disciplinary action.
agreement to be developed.
N. Fire Inspection Classifications.
shall not smoke or use any tobacco
Employees shall be required to sign
Violation of the agreement may
Employees shall have input into the
Existing flexible staffing provisions in Fire Prevention Classifications shall
remain in effect for the term of this agreement.
0. Exposure Lox.
The City and Association will commence, through a joint committee process, to
develop in a City based exposure log system within 60 days of the ratification of
this Memorandum of Understanding. A City exposure log program will be
implemented within 120 days of the ratification of this Agreement.
P. Reopener.
1. The City reserves the right to reopen negotiations if the Social Security
coverage is mandated for public employees.
2. The City and NBFA agree to, upon the request of the City or Association,
reopen negotiations during the term of this agreement, on sick leave
usage/incentive issues.
3. Upon the request of either the City or NBFA, negotiations will be
reopened on the DROP Program or changes to the Miscellaneous
Retirement Program. Any agreed upon changes in retirement shall be on a
cost neutral basis to the City.
4. Upon the request of either the City or NBFA, negotiations will be
reopened on improved retirement benefits for non -safety employees. Any
agreed upon changes in retirement shall be on a cost neutral basis to the
City.
Executed this,
NBFA
29
CITY OF NEWPORT BEACH
By:
ATTEST:
By:
Tod Ridgeway
Mayor
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
3()
• •
EXHIBIT A
Newport Beach Firefighters Association Represented Classifications
Firefighter
Engineer
Paramedic
Line Captain
Staff Captain
Firefighter Series
Fire Prevention Series
Fire Inspector, Non -safety
Fire Prevention Specialist, Safety
Fire Prevention Specialist, Non -safety
Fire Prevention Specialist — Plan Check, Safety
Fire Prevention Specialist — Plan Check, Non -safety
•
SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING
This supplemental Memorandum of Understanding amends the Memorandum of Understanding
between the City of Newport Beach and the Newport Beach Firefighters Association dated January
1, 1999 through December 31, 2001. Except as modified by this supplemental MOU, all the
provisions of the Memorandum of Understanding between the City and the Newport Beach
Firefighters Association remain unchanged.
The City and the Newport Beach Firefighters Association agree as follows:
A. RETIREMENT
The City will immediately commence the process of amending its contract with the Public
Employees' Retirement System to implement the 3% at 55 Retirement Programs. The
program will be implemented September 1, 2000; or as soon thereafter a possible. The
ongoing cost of this retirement change shall be bome by the City.
B. RETIREE MEDICAL PROGRAM
An employee is eligible for retiree medical benefits after seven years of service if the
employee retires from the City and is a PERS annuitant.
1. Effective immediately, the City shall implement the $400 cap for retiree medical
insurance contributions as currently provided for in the Memorandum of
Understanding between the City and the Newport Beach Firefighters Employees
Association. In accordance with existing agreements, the City and active employees
shall be responsible for 3/4ths (1/2 City and 1/4 actives) of retiree medical insurance
cost to a maximum of $400. Retirees shall be responsible for the remaining 1/4.
The employee's share of the retirement contribution in accordance with the
formulas set forth above shall be $27.47 per month. Subsequent contribution levels
shall be set in July, annually, in accordance with the formula described above.
2. In addition to the contributions in B 1 above, effective August, 2000, current
employees shall contribute $10 per month and the City shall contribute $20 per
employee per month to accumulate funds to meet unfunded retiree medical
liabilities. This contribution shall continue until the liability is fully funded.
3. The City shall maintain separate, interest bearing accounts for current and reserve
retiree medical funding. Statements of these accounts shall be available to all
affected employee organizations.
C. DIRECT DEPOSIT
Effective immediately, all unit employees shall participate in the direct deposit program.
D. SALARY ADJUSTMENTS
1. The salary adjustment due unit employees the first payroll period in January , 2001
shall be reduced by .13% to 2.87%.
NBFA Supplemental
Page 2
2. SMOU"Lookback". The final lookback required under the SMOU agreement
between the City and NBFA in July, 2001, shall be eliminated.
Except as provided herein, the Memorandum of Understanding between the City and the Newport
Beach Firefighters Association remains in full force and effect. This supplemental Memorandum
of Understanding shall be incorporated into the Memorandum of Understanding between the City
and Association for the contract period beginning January 1, 1999 through December 31, 2001.
FOR THE CITY OF NEWPORT BEACH FOR THE NEWPORT BEACH
FIREFIGHTERS ASSOCIATION
• •
Final
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
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,
1999 to December 31, 2001 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 1999-2001 MOU.
4. This MOU, upon approval by NBFA and the Newport Beach City Council, and the
Supplemental Memorandum of Understanding dated June 23, 1997 represents the total
and complete understanding and agreement between the parties regarding all matters within
the scope of representation.
SECTION 1. —GENERAL PROVISIONS
A. Recognition.
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers-Milias-Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 7173, the City
acknowledges that 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.
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, 1999. This MOU shall remain in full
force and effect until December 31, 2001, and the provisions of this MOU
shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
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Final
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements such
as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
C. Scope.
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 7173
(copy attached as Exhibit "B").
D. Bulletin Boards.
1. Space shall be provided on bulletin boards within the Fire and Marine
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 or other statutorily
or constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E—Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material.
E—Mail may be used for Association business on a limited basis and
consistent with Department Policy.
Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be compelled
to meet and confer concerning any issue within the scope of representation except
as expressly provided herein or by mutual agreement of the parties. No
representative of either party has the authority to make, and none of the parties shall
be bound by, any statement, representation or agreement reached prior to the
execution of this MOU and not set forth herein.
2
• •
Final
F. Modifications.
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives of
the parties.
G. Savings.
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such that
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.
H. Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation pursuant
to the procedure outlined in Section 10 of Resolution No. 7173 or a successor
resolution.
I. Definitions.
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or " 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 a 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. Direct Wage Payments
1. SalaryAdjustments
The adjustments to salary and total compensation described in this Section
shall maintain the salary differentials between the position of Firefighter
3
Final
(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
Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Fire Specialist III 125.00%
Line Captain 132.00%
Staff Captains and Deputy Fire Marshal shall receive an additional 7.5% of
base pay over Line Captains.
(a) Effective the first payroll period in January, 1999, the City shall
increase base salary for the firefighter classification by two and one
half (2 1/2%) percent (with increases for other classifications
pursuant to the matrix above).
(b) Effective the first payroll period in January, 2000 the City shall
increase base salary for the firefighter classification by two and one
half (2 1/2%) percent (with increases for other classifications
pursuant to the matrix above).
(c) Effective the first payroll period in January, 2001 the City shall
increase base salary for the firefighter classification by three (3%)
percent (with increases for other classifications pursuant to the
matrix above).
2. Subsequent Adjustments
Additional increases (if due) shall be made July of each year of this
agreement pursuant to the supplemental Memorandum of Understanding
between the City and NBFA dated June 23, 1997.
3. Flex Leave Premium Pay Account.
NBFA members shall have the right to receive pay, at the rate of 109% of
their then current base salary, for any Flex Leave banked, up to a maximum
of 78 times their bi—weekly Flex Leave accrual rate as of June 30, 1994
(Flex Leave Premium Pay Account). The Flex Leave Premium Pay
Account balance shall be shown on each member's regular pay stub. The
Flex Leave Premium Pay Account shall be reduced in accordance with
member purchases. Each member shall, upon termination, resignation,
retirement or other separation from service, receive terminal pay at the rate
of 109% of their then current base salary for all accrued Flex Leave to the
4
Final
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.
4. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program as of June
30, 1994 shall be entitled to receive pay, at the rate of 109% of their then
current base salary, for any accumulated Vacation Leave up to a maximum
of 52 times their bi—weekly Vacation Leave accrual rate as of June 30, 1994
(Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay
Account balance shall be shown on each members regular pay stub. The
Vacation Premium Pay Account balance shall be reduced commensurate
with member purchases. Each member shall, upon termination,
resignation, retirement or other separation from service, receive terminal pay
at the rate of 109% of their then current base salary for all accrued Vacation
Leave to the full extent of the remaining balance in the Vacation Leave
Premium Pay Account with any remaining Vacation Leave paid upon
termination at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
5. Scholastic Achievement Pay.
NBFA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). NBFA members
may apply for increases pursuant to this Section when eligible and
scholastic achievement pay shall be included in the member's paycheck for
the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFA member to apply for Scholastic Achievement
Pay. Approval of the member's application shall not be unreasonably
withheld or delayed, and the member shall not be entitled to receive
scholastic achievement pay prior to the date the application is approved even
though the member may have been eligible prior to approval. Scholastic
achievement pay is contingent upon years of service and number of units
and/or degrees received by the employee. Qualifying units and/or degrees
must be awarded by accredited community colleges, state colleges or
universities. NBFA member shall receive scholastic achievement pay in
accordance with the following:
Years of College Monthly
Service: Semester/Unit: Compensation:
2 or more 30 1.5% mo/base salary
3 or more 60 2.5% mo/base salary
3 90 3.5% mo/base salary
4 or more 90 3.5% mo/base salary
4 120 4.5% mo/base salary
4 B.A./B.S. 5.5% mo/base salary
4 M.A./M.S. 6.5% mo/base salary
5
Final
6. Overtime — Hours Worked.
a. Overtime shall consist of authorized work in excess of the normal
number of hours in any scheduled work shift or work in excess of
the maximum number of hours permitted by the United States
Department of Labor regulations for up to a 28 day pay period.
Use of Flex Leave, Vacation Leave, Holiday Leave, and Sick Leave
shall be considered as hours worked for the purposes of determining
eligibility for overtime pay pursuant to the Fair Labor Standards Act
and/or Department of Labor regulations.
b. Temporary vacancies and line positions shall be selected in
accordance with Department S.O.P. 5.A.501 (Revised 2/5/98).
c. 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 Departments Standard Operating Procedures related
to staffing and overtime. This provision applies only to persons
wishing to downgrade to the position of Firefighter or Fire
Engineer.
d. 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.
7. Vacation Selection System. The City has implemented a vacation selection
system (VSS) which phased out mandatory scheduling for vacation relief in
favor of leave coverage by paying overtime to other members occupying the
same position. The City commits to maintain VSS subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year
during the term of this MOU, adopt a budget which provides for the
payment of overtime specifically for the purpose of implementing VSS. The
amount to be budgeted shall be calculated by computing the Vacation/Flex
leave/Holiday time (leave) normally accrued by each member during a fiscal
year (total annual leave) multiplying total annual leave, by that member's
overtime rate of pay (value of leave) and then adding the value of leave for
each 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
6
Final
year, or 75% of the fund during the first nine months of the fiscal year.
8. Special Assignment Pay.
The following additional payments shall be made to certain NBFA members
based on assignment:
(a) Certified members of the Hazardous Materials Response Team shall
receive special assignment pay of $200.00 per month. Effective
January, 1999, hazardous material pay shall be increased to five
(5%) percent of base pay per month.
9. Temporary Upgrading of Employees
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification which is assigned to a salary
schedule higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications shall
receive a five percent (5%) pay differential over their regular rate of pay for
all time worked in the higher job classification if they are assigned to work
in the higher job classification for a period of four (4) working hours or
longer:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Tiller Assignment
All holiday, vacation, sick leave and paid leave shall be paid at the
employee's regular rate of pay.
Assignments to higher rated classifications shall be made at the sole
discretion of the City.
10. Shift Holdover.
Not withstanding the provisions of Section 602.7.3.3 of Resolution No.
88-13 (Personnel Policy Resolution) 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).
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11. Paid Time Off
A. Sick LeaveP.y Out.
Upon paid retirement, termination in good standing or death, but not
termination for cause or resignation in lieu of termination, any
member or his/her estate shall be paid, at the rate of 109% of their
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 hours for Line Employees (for example if a Line
Employee had accumulated 1400 hours of Sick Leave and retired
after 16 years he or she would receive Terminal Sick Leave Pay in a
sum equal to 109% of their base salary per hour for 450 hours of
Sick Leave —1200 hours multiplied by .375).
SECTION 3. LEAVES
A. Flex Leave.
1. Subject to the provisions of subsection (b), 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 Con't. Svc Hours/Pay Period Increase
Line Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
8
8.77
9.69
10.62
11.54
11.54
11.54
11.54
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
Leave Accrual
Years of Cont. Svc Hours/Pay Period
Staff Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.26
6.92
7.59
8.24
8.24
8.24
8.24
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Longevity Pay
increase
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
NBFA personnel hired or rehired by the City of Newport Beach on
or after 10/1/96 shall accrue flex leave at the following rates:
Leave Accrual
Years of Con't. Svc Hours/Pay Period
Line Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave
Years of Con't. Svc
Staff Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.89
7.74
9.04
10.62
11.54
11.54
11.54
Accrual
Hours/Pay Period
4.92
5.53
6.46
7.28
8.24
8.24
8.24
Longevity Pay
Increase
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
Longevity Pay
Increase
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
Longevity increases specified above shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as defined in
Government Code Sec. 20636 (c) (1) for purposes of computing retirement
benefits and contributions.
2. The Flex leave program shall be administered as follows:
(a) NBFA members shall not accrue flex leave until continuously
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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 64 hours of paid leave time to staff
employees and 89.5 hours of paid leave time for line employees for
use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced multiplied
by the member's hourly rate of pay.
(b) NBFA members who are staff employees shall accrue 64 hours of
flex leave and line employees shall accrue 89.5 hours of flex leave
immediately upon completion of six (6) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first six months of employment.
(c) Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to flex
leave on an hour for hour basis with the current sick leave placed in
a bank to be used as provided in Section 703 et seq. of the
Personnel Resolution. Members entitled to use sick leave pursuant
to Section 703.1 of the Personnel Resolution and who are absent
due to illness shall have their sick leave bank reduced by the
duration of the absence unless the member notifies appropriate
department personnel that the absence should be charged to the
member's flex leave account.
(d) Subject to the provisions of Section 2(A)(3), members shall be
entitled to accrue flex leave up to a maximum of 78 times the
member's bi-weekly accrual rate. Earned flex leave in excess of the
maximum permitted is currently paid bi-weekly at the member's
hourly rate of pay. 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 72 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
(78 times the member's bi-weekly accrual rate) unless, during the
twelve months preceding the election, the member has taken at least
ninety-six (96) hours of paid leave if a line employee and eighty (80)
hours of paid leave if a staff employee. For the purposes of this
section, Flex Leave shall include any earned paid leave such as
vacation leave, 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.
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(f) 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 2.A.3.
B. Holiday Time.
1. 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 5.077 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 132
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 have 100% of their holiday
compensation provided in pay after December 1, 1996.
2. Staff Employees. Staff employees shall receive the following fully paid
holidays:
New Years Day, Presidents Day, Memorial Day, Independence Day, Labor
Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving,
one—half day on Christmas Eve, Christmas, and one—half day on New
Years Eve. In addition, Staff employees will be entitled to one floating
holiday at the members election.
3. Worker's Compensation Leave.
Any NBFA member who has been incapacitated by reason of any injury or
illness which has been determined to have arisen out of or in the course of
his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of
California.
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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 Personnel Resolution of the City of Newport Beach. Line employees
shall accrue sick leave at the rate of twelve hours per month and staff
employees shall accrue sick leave at the rate of eight hours per month.
NBFA members on the vacation/sick leave system shall accrue as follows:
Years of
Con't. Service
Line Employees
Less than 5
5 but less than 9
9 but less than 13
13 but less than 17
17 but less than 21
21 but less than 25
25 and over
Years of
Con't. Service
Staff Employees
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Maximum vacation accrual shall be seventy-eight (78) times the members bi-weekly
accrual rate.
2. $ictLeave Conversion.
Members who, at the end of any calendar year have a sick leave bank
greater than a sum equal to eighty—six (86) times their normal bi—weekly
sick leave accrual rate and who have used six (6) or fewer days during the
calendar year, may elect to covert up to six (6) days of sick leave to three (3)
days pay or, with the approval of the Fire Chief, three (3) days of vacation.
Members shall elect to convert to sick leave within sixty (60) days after the
end of any calendar year.
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3. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of accrued sick
leave per calendar year and line employees shall be entitled to use
forty—eight (48) hours of sick leave per calendar year for an illness of a
dependent which requires the presence of the employee. Family Sick Leave
shall be administered in accordance with the provisions of Sections
703.4.2.1 of the Personnel Resolution. The provisions of this Section shall
not be construed to affect or reduce the right of any employee to any unpaid
family medical leave authorized by State or Federal law.
D. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by an
employee having a regular or probationary appointment because of a death or
terminal illness in his/her immediate family. Staff employees shall be entitled to
forty (40) hours of Bereavement Leave per calendar year per event while Line
Employees shall be entitled to Seven and One —Half (7 1/2) shifts of Bereavement
Leave. Bereavement leave shall be administered in accordance with the provisions
of Section 705 of Resolution No. 88-13. The provisions of this Section shall not
diminish or reduce any rights a member may have pursuant to applicable provisions
of State or Federal law.
E. 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 members 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.
SECTION 4. —FRINGE BENEFITS
A. Insurance.
1. HealthandDental Insurance.
The City shall make available to all NBFA represented members the PERS
health insurance programs and a second health care plan. City shall pay the
health, dental and vision premium for each NBFA employee, up to a
maximum of four hundred ($400) dollars per month. Effective July 1,
1999, the City shall pay the health, dental and vision premium for each
NBFA member, up to a maximum of $425 per month. Effective July 1,
2000, the City shall pay the health, dental and vision premium for each
NBFA member, up to a maximum of $450 per month.
2. Commencing approximately April 15, 1999, the City, Association and
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other employee groups shall jointly meet to explore the implementation of a
qualified cafeteria plan. The intent of the parties is to have a plan available
for implementation in January, 2000.
B . Retirement Benefits.
1. Pursuant to Section 20691 of the California Government Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but not
to exceed 9% of the compensation earnable which PERS uses to calculate
retirement contributions and benefits. In addition, the amount of this
payment shall be reported to PERS as special compensation, which is part
of the employee's compensation earnable, pursuant to the provisions of
Section 20636 (c)(4) of the California Government Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20691 of the
California Government Code. NBFA acknowledges that the City is making
this payment pursuant to a specific request of NBFA to do so, that the City
has made significant financial commitments to NBFA in this MOU in
consideration of the members' agreement to relinquish their previously held
"irrevocable right" to pay their qwn PERS contribution and receive a
corresponding salary increase, and that the significant financial concessions
to NBFA (which included Leave Premium Pay Accounts, changes in the
calculation of "hours worked" for purposes of overtime and internal salary
adjustments) were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBFA members exercise their
irrevocable right to make their own PERS contribution and receive a
corresponding salary increase.
2. In the 1988-89 MOU between the City and NBFA, City agreed to provide
NBFA members with retirement benefits based upon highest year
compensation ("Highest Year Benefit"). Pursuant to that MOU, the City
agreed to pay the total extra cost of the Highest Year Benefit during
1988-89 and thereafter phase the additional cost into the total compensation
calculation at the rate of "an additional 20% per year" until fully absorbed in
the total compensation calculation. The parties wish to resolve any
disagreement over the meaning and method of implementation of those
provisions of the 1988-89 MOU related to the Highest Year Benefit by
converting the current value of the Highest Year Benefit to a guaranteed
payment over and above each member's salary. This guaranteed payment
shall be calculated by multiplying the member's salary by a percentage
determined by dividing sixty percent (60%) of the cost of the Highest Year
Benefit for the benchmark position (as of April 28, 1993) by total
compensation for the benchmark position as of April 28, 1993. This
guaranteed payment shall be effective June 1, 1993, shall continue in full
force and effect until December 31, 1995, and shall not be included in the
calculation of total compensation for any purpose, including, without
limitation, the computation of total compensation for the purpose of
calculating salary increases pursuant to subsection 2(A)(1)(b). City shall
provide NBFA with proof of compliance with this subsection within thirty
(30) days after its effective date and within thirty (30) days after each
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subsequent salary increase.
3. The City's contract with PERS shall also provide for:
a. A 2% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
4. The Level 4 1959 Survivors Benefits.
5. Should additional retirement plan options become available through PERS,
the Association may reopen negotiations on the City's retirement program.
Any agreed upon changes in retirement shall be on a cost neutral basis to the
City.
C. Medical Advisory Committee.
The City shall meet with a medical — dental advisory committee during the months
of July, November, January and May. The committee shall be comprised of one
representative from each bargaining unit and up to three management
representatives. Committee advisory function shall include determination of
coverage, preparation and solicitation of bids, consultation with the City's broker,
determination of plan coverage, and selection of carrier and coverage options.
Meetings and determinations shall be coordinated to facilitate inclusion of findings
or decisions in the collective bargaining process. NBFA and the City have worked
together in the selection of a new health care provider. This process involved
participation in the medical advisory committee and the meet and confer process.
D. Retiree Health Insurance.
City shall provide a retiree health insurance plan through the City's group health
plan carrier and PERS. NBFA agrees that twenty five percent (25%) of the cost of
providing health insurance to retirees pursuant to the City's group health care plan
will be borne by probationary and regular employees of the City of Newport Beach
and that NBFA members shall pay their pro—rata share of the active employee
contribution to retiree health insurance. The member's contribution shall be the
same as other Newport Beach employees and is calculated by dividing 25% of the
cost of providing retiree health insurance by the number of probationary and regular
employees of the City of Newport Beach and dividing that number by 26 to
determine the amount the bi—weekly payroll deduction.
The contribution to retiree medical insurance shall be capped at a $400.00 per
month contribution with the City contributing a maximum of $267.00 per month
and active employees contributing a maximum of $133.00 per month. The City and
Association agree to participate in a City-wide committee to review further issues
involving retiree medical insurance.
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E. Medical Opt -Out
Employees with proof of alternative medical coverage may opt out of the City plan
and receive, in lieu, $200.00 monthly cash payment. This opt out includes the
City's medical, vision and dental plans. Employees are required to sign a hold
harmless agreement, releasing the City from any responsibility as a health care
provider.
F. Disability Insurance
Effective April, 1999, the City shall provide disability insurance with the following
provisions:
Weekly Benefit 66 2/3%
gross weekly wages
Maximum Benefit (mo.) $5,000
Minimum Benefit $50
Waiting Period 30 Calendar Days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement
the disability benefit with paid leave once the waiting period has been exhausted.
Concurrent with the commencement of this program, the employees shall assume
responsibility for the payment of the disability insurance cost in the amount of one
(1.0%) percent of base salary. Simultaneously, the City shall increase base wages
by one (1.0%) percent. There will be no increase in the cost of the disability
insurance program for the term of this agreement.
G. Employee Assistance Program.
City shall provide an Employee Assistance Program through a properly licensed
provider. NBFA members may access the Employee Assistance Program at no cost
subject to provider guidelines.
H. Fitness Program
All NBFA members shall participate in the Department Fitness Program as outlined
in SOP VII P2001, Health and Fitness Evaluations.
I. Physical Conditioning Equipment/Apparel.
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $5,000.00 per year for the maintenance,
repair, improvement, or replacement of fitness equipment.
2. During the term of this MOU, City shall purchase $15,000.00 worth of
additional physical fitness equipment for placement in fire stations. NBFA
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shall advise City of the fitness equipment to be purchased.
3. 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.
J. 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, uniform jackets .and liner,
belts, and turnout safety clothing. City shall not be responsible for providing
employee with socks, underwear, cap or workout shoes, or other clothing.
K. 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 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.
L. Tuition Reimbursement
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 other student expenses for approved
job —related courses. Maximum tuition reimbursement for employees shall be
$1,000.00 per fiscal year effective July 1, 1996. Reimbursement is contingent upon
the successful completion of the course. Successful completion means a grade of
"C" or better for undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of the
Administrative Services Director.
SECTION 5. —MISCELLANEOUS PROVISIONS
A. Schedule.
The City shall have the right to designate a 14 day or 28 day work period pursuant
to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption
shall not affect the City's obligation to pay overtime pursuant to provisions of this
MOU including the provisions of Section 1(c)1.
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B. Dues Checkoff.
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.
C. Flex Leave/Vacation Leave Access.
Flex Leave and Vacation Leave may be taken in 6 hour increments.
D. Fire Suppression 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 fire suppression personnel for each engine company, four fire
suppression personnel for each truck company, and two firefighter/paramedics on
each paramedic unit. PAU and BLS staffing shall conform to the provisions in
Section L.
E. Jury Duty.
NBFA members who are assigned to line positions and are called to jury duty shall
be excused for each 24 hour shift during which the member is required to attend
court and sit on a jury or await assignment.
F.
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 in an attempt to schedule a makeup session, provided,
however, members may view one videotaped class to make up for an absence from
a regularly scheduled class. 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.
G. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager detennines 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.
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1. Definitions.
(a) "Layoffs" or "Laid off' shall mean the non —disciplinary termination
of employment.
(b) "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted 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.
(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
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employees within a Classification, the following procedures are applicable:
(a) Temporary and probationary employees within any Classification
shall, in that order, be laid off before permanent employees.
(b) Employees within a Classification shall be laid off in inverse order
of seniority;
(c) An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position of
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
(d) In the event two or more employees in the same Classification tare
subject to layoff and have the same seniority, the employees shall be
laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility list, the Department
Director shall determine the employee(s) to be laid off.
3. Notice.
Employees subject to lay—off shall be given at least thirty(30) days advance
notice of the layoff or thirty (30) days pay in lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave
(if any), and accumulated sick leave to the extent permitted by the Personnel
Resolution.
4. Re —Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The
re—employment list shall remain in effect until exhausted by removal of all
names on the list. In the 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 Personnel
Director.
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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.
H. Progressive Discipline Plan.
Any discipline shall be in accordance with Department SOP 500.80 (copy
attached).
I. Association Leave
1. 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 100 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.
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,
21
Final
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.
J. 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.
K. Personnel Rules
Within ninety (90) days of the execution of this Agreement, the City will provide
draft revised personnel rules to the Association for review.
L. Pre -Hospital Emergency Medical Services System
The City and Association have met and conferred on proposed changes to the City's
Paramedic and Emergency Transportation System. The parties have agreed as
follows:
Two engine companies shall be converted to a Paramedic Assessment Unit
(PAU's). The two current paramedic units shall be converted to Paramedic
Ambulances (PA's) and a City operated 24-hour Basic Life Support (BLS)
ambulance shall be staffed by two sworn Firefighter EMT-D's. The PA's shall
normally transport patients requiring advanced life support (ALS) . The BLS
ambulance shall normally transport patients requiring basic life support (BLS).
Either the PA's or the BLS ambulance may transport ALS or BLS patients based
upon operational need.
Staffing
It is understood that the City and the NBFA have agreed to staff the BLS ambulance
using existing personnel. Those firefighters assigned to the fourth (4th) position
on Truck 62 and Truck 63 will be reassigned to the BLS ambulance.
22
Final
Evaluation
The City's intent is to operate the system as outlined above for approximately one
year. During that year, an evaluation process shall be conducted, involving the
Firefighters Association, to determine if the program is meeting specified criteria.
The criteria would include:
o Service Level - The City's goal would be to answer 85% of the advanced
life support calls on a City-wide basis within 5 minutes.
o Resource Allocation - This criteria would evaluate the revised configuration
as it relates to the affect on patient care.
o Financial Criteria - Determination as to whether or not revenues are adequate
for program support. The City's goal would be to achieve net revenues of
$150,000 (versus actual costs).
The City shall involve the Firefighter 's Association with meaningful input in the
evaluation process through a Department sponsored EMS committee. The Public
Safety Committee and the City Council would shall also be involved in the
evaluation process. The Association shall have an opportunity to directly present its
position to the Committee and Council prior to any formal decision being reached.
Assuming there are sufficient revenues to support the program, and service levels
are not being met, it is the City's intent to expand the number of Paramedic
Assessment Units (PAUs) to four.
Should the City make changes in this program that fall within the scope of
representation, the City shall give appropriate notice to the Association and provide
the opportunity for the Association to meet and confer on matters within scope.
Further, if the BLS Ambulance Program is not converted to an ALS Unit staffed by
Firefighter/Paramedics by September 1, 1999, the Association shall have the right
to reopen negotiations on compensation for Firefighters assigned to the BLS
Ambulance.
Confirmation from PERS
Within sixty (60) days of the execution of this agreement, the City shall provide
NBFA with written documentation from the California Public Employees
Retirement System (PERS), stating that the Longevity pay (B)(1)(a) and Holiday
Pay Conversion (B)(2)(a) sections of this MOU, comply with current PERS
guidelines and regulations.
In addition, the amount of the payments for these provisions shall be reported to
PERS as special compensation, which is part of the employee's compensation
earnable, pursuant to the provisions of Section 20636 (c) of the California
Government Code, as amended effective July 1, 1994. This payment shall
constitute compensation earnable under California Government Code Section 20636
in compliance with current PERS guidelines and regulations.
23
Final
M. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program (See
attached Appendix C).
N. 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.
O. Reopener
a. The City and NBFA agree to, upon request of the City, reopen negotiations
during the term of this agreement on a City-wide reasonable suspicion drug
testing policy.
b. The City reserves the right to reopen negotiations if the Social Security
coverage is mandated for public employees.
c. The City and NBFA agree to, upon the request of the City or Association,
reopen negotiations during the term of this agreement, on sick leave
usage/incentive issues.
24
Denni •'Neill
Mayor
Executed this /q/hlday of
B
B
By: -
NBFA
CITY OF NEW "` BEACH r
By:
ATTEST:
LaVonne Harkless, City Clerk
AP};; OVED AS TO FORM:
obert H. Burnham, City Attorney
26
C - .l o ,o
• •
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
RECITALS
This Supplemental Memorandum of Understanding (SMOU) between the City of
Newport Beach (City) a the Newport Beach Firefighters Association (NBFA) is
dated the a3.nday of d , 1997 for purposes of identification and is based on
the following:
A. City and NBFA have entered into an agreement to amend provisions of
the Current MOU (Amendment - copy attached).
B. This SMOU and the Amendment collectively achieve the objectives of the
Parties as indicated in the Amendment Recitals and implement the agreement of the
Parties with respect to matters beyond the term of the Amendment.
C. This SMOU is intended to establish general guidelines for meeting and
conferring regarding matters within the scope of representation while providing for
periodic and mandatory adjustments necessary to ensure that Modified Total
Compensation for NBFA members, on specified dates during the term of this SMOU,
corresponds to a level of Total Compensation paid to the Benchmark Position in
Newport Beach that is at least equal to the average of the Modified Total Compensation
paid to the five (5) Benchmark Positions with the highest Modified Total Compensation.
NOW, THEREFORE, the Parties agree as follows:
1. Definitions
For purposes of this SMOU, the terms Total Compensation, Benchmark
Position, Matrix and League Survey shall be defined/ calculated as
specified in the Amendment.
2. Term/Effective Date.
The term of this SMOU shall commence on July 1, 1998 and expire on
July 1, 2001. This SMOU shall be effective: (a) when signed by
authorized representatives of the Parties; and (b) upon execution of the
Amendment by authorized representatives of the Parties.
1
• !
3. General Criteria for Negotiations.
The Parties shall, commencing in October of 1998, and October in 1999
and 2000 if required due to the expiration of an MOU approved
subsequent to the Amendment, meet and confer on all matters within the
scope of representation with the intent to reach agreement on an MOU to
be effective the first pay period the following January. In negotiating
adjustments to compensation, the Parties shall, during the term of this
SMOU, consider information regarding salaries and benefits paid by other
municipal fire departments in Orange County, increases or decreases in
the Consumer Price Index or similar indexes during the period since the
last adjustment in compensation, internal relationships, increases in
salary, compensation or benefits offered or provided to other City
recognized employee associations, matters fundamental to prudent fiscal
policy and fiscal decisions such as current and projected revenue, the
level of reserves, unfunded contingent obligations and potential liability
claims, and any other information either Party considers relevant to the
issue.
4. Supplemental Adjustments.
Effective the first pay period in July, 1998,1999, 2000, and 2001, the City
shall, if necessary, adjust Modified Total Compensation (Total
Compensation less employer retirement contributions but including
employer "pickup" or payment of employee retirement contributions) paid
to NBFA members to correspond to a level of Modified Total
Compensation paid to the Benchmark Position in Newport Beach which is
at least equal to the average Modified Total Compensation paid to the five
(5) Benchmark Positions with the highest Modified Total Compensation.
The comparison of Modified Total Compensation shall be based on the
League Survey published in the preceding January, subject to verification
of accuracy by the City and/or NBFA with the results of verification to be
shared by the Parties.
2
'NBFA
NBFA
5. Adjustment Procedures
Once the appropriate adjustment in Modified Total Compensation of the
Benchmark Position has been agreed to (subsequent to meet and confer)
or calculated (in the case of adjustments in the first pay period in July that
may be necessary to comply with Section 4), City shall adjust the Modified
Total Compensation of all classifications represented by NBFA in
accordance with the Matrix while maintaining the salary differentials
specified in the Amendment.
Debay, Mayor
/104L
nne Harkless, City Clerk
Robert H. Burnham, City Attorney
7 30
DATE
7 }/57
DATE
/
Dennis Danner, DATE
Administrative Services Director/Treasurer
F:\cat\mou\nbffa\supp.doc
07-22-97
3
�.ao&o
• •
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
This Amendment to the current Memorandum of Understanding between the City
of Newport Beach (City and the Newport Beach Firefighters Association (NBFA) is
dated this 2 34 of 1997, for purposes of identification and is based on
the following:
RECITALS
A. City and NBFA are parties to a Memorandum of Understanding that
currently expires on December 31', 1997 (Current MOU);
B. Subsequent to execution of the Current MOU, the City received notice
from PERS that, effective July 1, 1997, the rate of employer retirement contributions
would substantially increase with the amount of the increase contingent on the funding
horizon chosen by the City (2000, 2011 or 2016);
C. According to the Current MOU and long-standing pattem/practice, the
compensation paid to NBFA members is negotiated and established on the basis of
"Total Compensation" which consists of three factors: salary, employer and employee
retirement contributions, and City employee health plan contributions;
D. According to a long-standing pattern/practice and consistent with the
concept of negotiating compensation of the basis of Total Compensation, the City has
increased the salaries of NBFA members when PERS has decreased the employer
retirement contribution rate and decreased salaries when PERS has increased the
employer retirement contribution rate;
E. NBFA members would experience substantial reductions in salary if, on
July 1, 1997, the City followed the established past pattern/practice in response to
increases in PERS employer contribution rates;
F. City and NBFA intend, through this Amendment to:
1. Extend the term of the Current MOU for a period of one year;
2. Modify or eliminate certain provisions of the Current MOU and eliminate
the past pattern/practice of reducing the salary of NBFA members in
response to increases in the PERS employer contribution rate;
3. Eliminate provisions in the Current MOU, and the long-standing
pattern/practice, which mandate consideration of certain criteria in
negotiating increases in Total Compensation, subject to execution of a
Supplemental MOU (SMOU - copy attached as Exhibit "C") which commits
1
the City to maintain a certain level of Modified Total Compensation during
the term of the SMOU.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: AMENDMENTS TO CURRENT MOU
1. Paragraph "2" of the introductory paragraphs is amended to read as
follows;
"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, 1996 to December 31, 1998 and this tentative
agreement has been embodied in this MOU."
2. Paragraph "3" of the introductory paragraphs is amended to read as
follows:
" The City acknowledges and appreciates the cooperation of NBFA
during the meet and confer process leading to the adoption of the
1996-98 MOU.
3. Section 1 B1 is amended to read as follows:
"1. Except as specifically provided otherwise, any ordinance,
resolution or action of the City Council necessary to implement this
MOU shall be considered effective as of January 1, 1996. This
MOU shall be effective as of January 1, 1996 and shall remain in
full force and effect until December 31, 1998. The provisions of
this MOU shall remain in effect subsequent to the date of expiration
in the event the parties are meeting and conferring on a successor
MOU as provided in the SMOU."
4. The provisions of Section 2A of the Current MOU are deleted in their
entirety. This deletion confirms and implements the intent of the Parties that, except to
the extent embodied in the SMOU, the "Compensation Policy" is of no force or effect
as of the effective date of this Amendment. This deletion also confirms and implements
the intent and understanding of the Parties to eliminate, except to the extent embodied
in the SMOU, the long-standing pattern/practice which mandates the use of Total
Compensation as the basis for, and the consideration of specific criteria in, negotiating
salaries and benefits.
5. Section 2B1 is amended to read as follows:
2
A. Direct Wage Payments
1. Internal relationships.
The Parties have agreed on salary differentials (Internal
Relationships) among the various classifications represented by
NBFA, as well as the relationship between each step in those
classifications and the Benchmark Position. The term Benchmark
Position shall mean the top step firefighter of any municipal fire
department in Orange County without adjustment for any specific
combination of experience, training or education. These internal
relationships have been computed in terms of percentages which,
when multiplied by the salary paid to the Benchmark Position in
Newport Beach, represent the salary to be paid to the
classifications represented by NBFA. The term Total Compensation
shall mean a combination of salary, retirement benefits (including
contributions required to be paid to PERS by an employer and the
contributions required to be paid by an employee even if paid by
the City) and health insurance contributions. For purposes of
determining Total Compensation, the salary and retirement benefits
shall be calculated using the amount paid to, or on behalf of, the
Benchmark Position and health insurance contributions shall be
calculated based on the maximum contribution made by the
employer on behalf of an employee with two or more dependents
who is enrolled in the health plan having the largest number of
employee participants. The percentages for NBFA classifications
are as follows:
Classification Percentage
Engineer 112.50%
Paramedic 122.25%
Fire Specialist 125.00%
Line Captain 132.00%
Staff Captain/Deputy Fire Marshal 139.50%
The adjustments to Total Compensation required by Section 2A2
shall maintain these internal relationships.
3
6. Section 2B2 shall be amended to become 2A2 and to read as follows:
1. Total Compensation Adjustments/PERS Commitments
City shall adjust the Total Compensation of NBFA Members and
assume increases in the PERS employer retirement contribution
rate as follows:
(a) Effective the first pay period of October, 1996, the Total
Compensation for the Benchmark Position in Newport Beach
shall be increased by fifty percent (50%) of the difference, as
of July 1, 1996, between the Total Compensation of the
Benchmark Position in Newport Beach and the average
Total Compensation of the five (5) Benchmark Positions with
the highest Total Compensation. The ranking and average
Total Compensation of the five (5) Benchmark Positions with
the highest Total Compensation of the Benchmark Position
as of July 1, 1996 shall be calculated on the basis the
information in the survey conducted by the Orange County
Division of the League of California Cities (League Survey)
as verified and/or augmented by telephonic or written
communication by the City and/or NBFA, the results of which
shall be made available to the other Party. The Total
Compensation of all other classifications represented by
NBFA shall be adjusted as of the same pay period in
accordance with the procedures specified in Subsection 2 A
1.
(b) Effective the first pay period in March, 1997, the Total
Compensation paid to the Benchmark Position in Newport
Beach shall be adjusted to equal the average Total
Compensation paid to the five (5) Benchmark Positions with
the highest Total Compensation as determined by the
League Survey for January 1997. The Total Compensation
for all other classifications represented by NBFA shall be
adjusted as of the same pay period and in accordance with
the procedures specified in Subsection 2 A 1.
(c) Effective the first pay period in January, 1998, the City shall
increase salaries for all classifications represented by NBFA
by two percent (2%). NBFA shall be entitled to reopen
negotiations solely on the issue of appropriate salary
adjustments as of the first pay period in January, 1998, in
the event the Consumer Price Index (Los Angeles/Long
4
Beach, all urban consumers) for the twelve month period
ending October 1, 1997, exceeds five percent (5%).
(d} Effective October 1, 1996, the City shall assume the
payment of the full employer retirement contribution
increase for safety employees (1.76%) without any
corresponding reduction in the salary or Total Compensation
of any NBFA member.
(e) Effective July 1, 1997, the City shall assume the payment of
the full employer retirement contribution increase for safety
employees (approximately 3.2%) without any corresponding
reduction in the salary or Total Compensation of any NBFA
member
SECTION 2: CONTINGENCY
The SMOU constitutes partial consideration for NBFA's agreement to eliminate
provisions of the Current MOU (Section 2A) and a long-standing pattern/practice which
mandate consideration of certain criteria in negotiating adjustments to Total
Compensation. The SMOU ensures that the Modified Total Compensation paid to
NBFA members will remain at least equal to the average Modified Total Compensation
of the five (5) Benchmark Positions (excluding the Benchmark Position in Newport
Beach) with the highest Modified Total Compensation. Accordingly, this Amendment
shall not be effective until the SMOU is fully executed by authorized representatives of
the Parties.
NBFA
•
NBFA
Debay, Mayor
DATE
7 IS 0 / L.17
DATE
if/ 7 7
DATE
e% A 7
LaVonne Harkless, City Clerk DATE
5
Rober/H. Burnham, City Attorney
Dennis Danner,
Administrative Services Director/Treasurer
F:\cat\mou\nbffa\amend.doc
07-22-97
DATE
6
•
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered
into with reference to the following:
1. The Newport Beach Firefighters Association ("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,
1996 to December 31, 1997 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 1996-97 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.
5. NBFA and the City, subsequent to the effective date of the 1993-95 agreement between the
City and Association , met and conferred regarding provisions of the original agreement
which gave NBFA members an "irrevocable right" to pay their own PERS contribution and
receive a corresponding 9% increase in salary. NBFA members have agreed to relinquish
this "irrevocable right" and reduce the potential increase in overtime compensation the City
would have been required to pay if the "regular pay" of NBFA members had been
increased by 9% if and when the "irrevocable right" was exercised. The relinquishment of
the "irrevocable right" in consideration of the City's agreement to make certain internal
adjustments, establish premium pay accounts for Vacation Leave, Sick Leave and Flex
Leave and the inclusion of Sick Leave and Holiday Pay in the calculation of hours worked
for purposes of calculating FLSA overtime will save the City approximately $300,000 in
overtime pay. The City appreciates a continued cooperation of NBFA and its members.
,SECTION 1. — GENERAL PROVISIONS
A. Recognition.
In accordance with the provisions of the Charter of the City of Newport Beach, the
Meyers Milias Brown Act of the State of California and the provisions of the
Employer's/Employee Labor Relations Resolution No. 7173, the City
acknowledges that 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.
1
B . Duration of Memorandum.
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 1996. This MOU shall remain in full
force and effect until December 31, 1997, and the provisions of this MOU
shall continue after the date of expiration of this MOU in the event the
parties are meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances, resolutions
and policies of the City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide that agreements such
as this prevail, confer rights which may be waived by any collective
bargaining agreement, or are, pursuant to decisional or statutory law,
superseded by the provisions of an agreement such as, or similar to, this
MOU.
C. Scope.
1. All present written rules and currently established practices and employee
rights, privileges and benefits that are within the scope of representation
shall remain in full force and effect during the term of this MOU unless
specifically amended by the provisions of this MOU.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 7173
(copy attached as Exhibit "B").
D. Bulletin Boards.
Space shall be provided on bulletin boards within the Fire and Marine
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 or other statutorily
or constitutionally impermissible basis, as well as any pornographic or
obscene material.
2. Material posted and messages sent through electronic mail (E—Mail) shall
not contain personal attacks on any City official or employee, any material
which constitutes harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion or other statutorily or constitutionally
impermissible basis, as well as any pornographic or obscene material.
E—Mail may be used for Association business on a limited basis and
consistent with Department Policy.
2
E. Conclusiveness.
This MOU contains all of the covenants, stipulations, and provisions agreed upon
by the parties. Therefore, for the life of this MOU, neither party shall be compelled
to meet and confer concerning any issue within the scope of representation except
as expressly provided herein or by mutual agreement of the parties. No
representative of either party has the authority to make, and none of the parties shall
be bound by, any statement, representation or agreement reached prior to the
execution of this MOU and not set forth herein.
F. Modifications.
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties
unless contained in a written document executed by authorized representatives of
the parties.
G. Savings.
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of this
MOU relating to salary increases, fringe benefits, or the compensation policy be
declared invalid the City shall provide alternative forms of compensation such that
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.
H . Impasse.
In the event of an impasse (the failure to agree on a new MOU after the express
term of the existing MOU has expired), the parties may agree on mediation pursuant
to the procedure outlined in Section 10 of Resolution No. 7173 or a successor
resolution.
Definitions.
For the purposes of this MOU these teens 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 a 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.
3
•
SECTION 2. — COMPENSATION
A. Compensation Policy.
1. Intent
The intent of this Policy is to maintain salaries and other components of the
City's total compensation package at levels which will attract and retain
highly qualified personnel as members of the Newport Beach Fire and
Marine Department. The City Council shall, in applying this compensation
policy, take into consideration the following factors:
(a) The City's then current economic position;
(b) The City's standing in the defined labor market (Municipal Fire
Department in Orange County);
(c) Changes in the cost of living as measured by increases or decreases
in the Consumer Price Index; and,
(d) Internal relationships.
The City shall use this compensation policy, tempered by sound fiscal
policy, to maintain a highly competitive standing within the defined labor
market with the understanding that the City's ability to make economic
adjustments may be limited by budgetary considerations, constraints
imposed upon the City by limitations in municipal revenues, or
extraordinary expenditures. Taking all of these factors into consideration, it
will be the City's intent to compensate employees represented by NBFA
based upon the average of the five (5) highest paid benchmark positions in
Municipal Fire Departments in Orange County.
2. Procedure.
The City shall annually evaluate the compensation of NBFA members and,
through the meet and confer process mandated by the Meyers Milias Brown
Act, will make appropriate modifications to total compensation. The
procedure for evaluating the average of the five (5) highest paid benchmark
positions in Municipal Fire Departments in Orange County shall begin with
a compensation survey prepared in July of each year by the Orange County
Division of the League of Cities, subject to verification of this survey for
accuracy. The City shall use this survey to determine the total compensation
paid by other Municipal Fire Departments to the benchmark position. The
benchmark position shall be the top step firefighter without adjustment for
any specific combination of experience, training, or education. Total
compensation shall consist of three factors: (1) salary, (2) retirement
benefits (employer —paid retirement contributions including payment of
employee's share), and (3) health insurance contributions. Salary and
retirement benefits shall be calculated using the amount paid to, or on behalf
of, the benchmark position. Health insurance contributions shall be
calculated based upon the maximum contribution made by the employer on
behalf of an employee with two or more dependents who is enrolled in the
4
• •
health plan having the largest number of employee participants. The total
compensation paid to the five (5) highest paid benchmark positions shall be
added, and the total divided by five without regard to weighting or the
number of officers or employees of the Municipal Fire Departments with the
five (5) highest paid benchmark positions. This average shall be used to
establish the compensation goal. Salaries for all NBFA represented
classifications shall be adjusted (through the use of the matrix (Exhibit A)
multipliers or the percentage increase — as appropriate) to reflect the salary
increase for the benchmark position that results from the increase in total
compensation in the same manner employed in Section 2(A)(1)(b).
3. Term of Compensation Policy.
This compensation policy shall survive the term of this MOU and shall
remain in full force and effect unless and until modified by the parties in
writing.
4. Revocation of Compensation Policy (J-1).
NBFA agrees that this compensation policy takes the place of the former
Council Policy J-1; which has been revoked.
B. Direct Wage Payments
1. Salary Adjustments
The salary schedule for the classifications represented by the Association
shall be as set forth below. 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
Top Step
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Fire Specialist III 125.00%
Line Captain 132.00%
Staff Captains and Deputy Fire Marshal receive 7.5% over Line Captains.
(i) Effective October 1, 1996, the City shall pay the increase in the
employer retirement rate which was effective in July 1996.
(ii) Effective the first pay period of October 1996; the total
5
• •
compensation for the benchmark position shall be increased by fifty
percent (50%) of the difference between then current total
compensation due to the benchmark position based on the
compensation formula and the average total compensation of the five
(5) highest paid benchmark positions of fire fighter agencies in
Orange County with the ranking and average total compensation of
the five (5) highest paid benchmark positions to be calculated on the
basis of total compensation paid by each fire fighting agency on July
1995. Total compensation for all other classifications represented
by NBFA shall be adjusted in accordance with the matrix.
The remaining 3446 adjustment necessary to reach the average of the
top five agencies based upon January 1997 comparison figures shall
be provided the first pay period in March 1997.
2. Subsequent Adjustments.
Any adjustments in total compensation to be effective on or after January 1,
1998 shall be determined in accordance with the compensation policy
specified in Section 2 or the then current MOU.
3. Salary Steps
Effective October 1, 1996, two additional steps (designated A and B with
existing salary steps redesignated C through H) shall be added to the
compensation schedule for each classification represented by NBFA. The
first salary step (A) shall specify a salary for the classification that is ten
percent (10%) lower than the current first step in the salary range. The
second additional step (B) shall specify a salary that is five percent (5%)
lower than the current salary for the first step in the salary range. Existing
rules relative to the time of step increases and advancement shall be
applicable to the two new additional steps.
4. Flex Leave Premium Pay Account.
NBFA members shall have the right to receive pay, at the rate of 109% of
their then current base salary, for any Flex Leave banked, up to a maximum
of 78 times their bi—weekly Flex Leave accrual rate as of June 30, 1994
(Flex Leave Premium Pay Account). The Flex Leave Premium Pay
Account balance shall be shown on each member's regular pay stub. The
Flex Leave Premium Pay Account shall be reduced in accordance with
member purchases. Each member shall, upon termination, resignation,
retirement or other separation from service, receive terminal pay at the rate
of 109% of their then current base salary for all accrued Flex Leave to the
full extent of the remaining balance in the Flex Leave Premium Pay Account
with any remaining Flex Leave paid at the then current base salary. The
provisions of this section shall apply only to members employed by the City
of Newport Beach on or before June 30, 1994.
5. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave program as of June
6
30, 1994 shall be entitled to receive pay, at the rate of 109% of their then
current base salary, for any accumulated Vacation Leave up to a maximum
of 52 times their bi—weekly Vacation Leave accrual rate as of June 30, 1994
(Vacation Leave Premium Pay Account). The Vacation Leave Premium Pay
Account balance shall be shown on each members regular pay stub. The
Vacation Premium Pay Account balance shall be reduced commensurate
with member purchases. Each member shall, upon termination,
resignation, retirement or other separation from service, receive terminal pay
at the rate of 109% of their then current base salary for all accrued Vacation
Leave to the full extent of the remaining balance in the Vacation Leave
Premium Pay Account with any remaining Vacation Leave paid upon
termination at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
6. Scholastic Achievement Pay.
NBFA members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic Achievement Pay"). NBFA members
may apply for increases pursuant to this Section when eligible and
scholastic achievement pay shall be included in the member's paycheck for
the pay period immediately after approval by the Fire Chief. It is the
responsibility of the NBFA member to apply for Scholastic Achievement
Pay. Approval of the member's application shall not be unreasonably
withheld or delayed, and the member shall not be entitled to receive
scholastic achievement pay prior to the date the application is approved even
though the member may have been eligible prior to approval. Scholastic
achievement pay is contingent upon years of service and number of units
and/or degrees received by the employee. Qualifying units and/or degrees
must be awarded by accredited community colleges, state colleges or
universities. NBFA member shall receive scholastic achievement pay in
accordance with the following:
Years of College Monthly
,Service: Semester/Unit: Compensation:
2 or more 30 $70.00
3 or more 60 $100.00
3 90 $135.00
4 or more 90 $135.00
4 120 $175.00
4 B.A./B.S. $225.00
7. Overtime — Hours Worked .
Overtime shall consist of authorized work in excess of the normal number
of hours in any scheduled work shift or work in excess of the maximum
number of hours permitted by the United States Department of Labor
regulations for up to a 28 day pay period. Use of Flex Leave, Vacation
Leave, Holiday Leave, and Sick Leave shall be considered as hours worked
for the purposes of determining eligibility for overtime pay pursuant to the
Fair Labor Standards Act and/or Department of Labor regulations.
• •
8. Special Assignment Pay.
The following additional payments shall be made to certain NBFA members
based on assignment:
(a) Certified members of the Hazardous Materials Response Team shall
receive special assignment pay of $200.00 per month.
(b) The line members of NBFA who are assigned to work a full 24 hour
shift as tillerman shall have their normal hourly rate increased by 5
percent while so assigned.
9. Shift Holdover.
Not withstanding the provisions of Section 602.7.3.3 of Resolution No.
88-13 (Personnel Policy Resolution) 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).
SECTION 3 - LEAVES
A. Paid Time Off
Vacation Selection System.
The City has implemented a vacation selection system (VSS) which phased
out mandatory scheduling for vacation relief in favor of leave coverage by
paying overtime to other members occupying the same position. The City
commits to maintain VSS subject to budgetary constraints outlined in this
Section. The City shall, for each fiscal year during the term of this MOU,
adopt a budget which provides for the payment of overtime specifically for
the purpose of implementing VSS. The amount to be budgeted shall be
calculated by computing the Vacation/Flex leave/Holiday time (leave)
normally accrued by each member during a fiscal year (total annual leave)
multiplying total annual leave, by that member's overtime rate of pay (value
of leave) and then adding the value of leave for each 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.
8
2. Sick Leave.
Upon paid retirement, termination in good standing or death, but not
termination for cause or resignation in lieu of termination, any member or
his/her estate shall be paid, at the rate of 109% of their final base salary for a
percentage of the employees accrued but unused Sick Leave computed as
follows:
YEARS OF SERVICE: PERCENT OF UNUSED SICK
LEAVE 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 hours
for Line Employees (for example if a Line Employee had accumulated 1400
hours of Sick Leave and retired after 16 years he or she would receive
Terminal Sick Leave Pay in a sum equal to 109% of their base salary per
hour for 450 hours of Sick Leave — 1200 hours multiplied by .375).
B. Compensable Time Off.
1. Flex Leave.
(a) Subject to the provisions of subsection (b), NBFA
members shall accrue flex leave as follows:
Years Leave Accrual Leave Accrual
of Cont. Svc.: Hours/Pay Period: Hours/Pay Period
Line Employees Staff Employees
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but Tess than 20
20 but less than 25
25 and over
8.77
9.69
10.62
11.54
12.46
13.39
14.31
6.26
6.92
7.59
8.24
8.89
9.56
10.22
Effective 10/1/96 current NBFA personnel shall accrue flex leave at
the following rates. It is mutually understood that accrual rates have
been modified to provide for the longevity increase set forth below:
Leave Accrual
Years of Con't. Svc Hours/Pay Period
Line Employees
1 but less than 5
9
Longevity
Increase
8.77 0.00%
•
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave
Years of Cont. Svc
Staff Employees
1 but less than 5
5 but less than 9
9 but Less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
9.69
10.62
11.54
11.54
11.54
11.54
Accrual
Hours/Pay Period
6.26
6.92
7.59
8.24
8.24
8.24
8.24
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
Longevity
Increase
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
NBFA personnel hired or rehired by the City of Newport Beach on
or after 10/1/96 shall accrue flex leave at the following rates:
Leave Accrual
Years of Con't. Svc Hours/Pay Period
Line Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave
Years of Con't. Svc
Staff Employees
1 but less than 5
5 but less than 9
9butlessthan 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.89
7.74
9.04
10.62
11.54
11.54
11.54
Accrual
Hours/Pay Period
4.92
5.53
6.46
7.28
8.24
8.24
8.24
Longevity
Increase
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
Longevity
Increase
0.00%
0.00%
0.00%
0.00%
1.00%
1.75%
2.50%
Longevity increases specified above shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as defined in
Government Code Sec. 20636 (c) (1) for purposes of computing retirement
10
(b)
benefits and contributions.
The Flex leave program shall be administered as follows:
(i) 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 64 hours of paid leave time to staff
employees and 89.5 hours of paid leave time for line employees for
use by the member to recover from illness.
In the event the City advances paid leave time and the employee is
terminated or resigns before completing six months of continuous
employment, the member's final check shall be reduced by an
amount equal to the number of flex leave hours advanced multiplied
by the member's hourly rate of pay.
(ii) NBFA members who are staff employees shall accrue 64 hours of
flex leave and line employees shall accrue 89.5 hours of flex leave
immediately upon completion of six (6) months continuous
employment with the Newport Beach Fire Department, provided
however, this amount shall be reduced by any flex leave time
advanced during the first six months of employment.
(iii) Members employed by the City prior to initiation of the flex leave
program have had the current accrued vacation time converted to flex
leave on an hour for hour basis with the current sick leave placed in
a bank to be used as provided in Section 703 et seq. of the
Personnel Resolution. Members entitled to use sick leave pursuant
to Section 703.1 of the Personnel Resolution and who are absent
due to illness shall have their sick leave bank reduced by the
duration of the absence unless the member notifies appropriate
department personnel that the absence should be charged to the
member's flex leave account.
(iv) Subject to the provisions of Section 2(A)(3), members shall be
entitled to accrue flex leave up to a maximum of 78 times the
member's bi-weekly accrual rate. Earned flex leave in excess of the
maximum permitted is currently paid bi-weekly at the member's
hourly rate of pay. NBFA members may, at any time, elect to
receive pay (at the members normal hourly rate) for all accrued flex
leave in excess of 72 hours for a line employees and 40 hours far
staff employees. However, NBFA members may not elect to buy
down accrued Flex Leave below the current threshold for payment
(78 times the member's bi-weekly accrual rate) unless, during the
twelve months preceding the election, the member has taken at least
ninety-six (96) hours of paid leave if a line employee and eighty (80)
hours of paid leave if a staff employee. For the purposes of this
section, Flex Leave shall include any earned paid leave such as
vacation leave, compensatory time off, or holiday time.
11
(v) All requests for scheduled flex leave shall be submitted to
appropriate department personnel. In no event shall a member take
or request flex leave in excess of the amount accrued.
(vi) Members shall be paid for all accrued flex leave at their then current
hourly rate of pay upon termination of the employment relationship.
(vii) Upon ratification of the MOU, the City will provide a 30 day
opportunity for employees to move between the old vacation, sick
leave program and the flex leave program. Longevity pay is
PERSab1e and will not count in the total compensation formula used
to adjust salaries and benefits.
2. Holiday Time.
(a) 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 5.077 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 shall be 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 132 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.
If the bargaining unit does not achieve the 50% conversion of
holiday leave pay, pursuant to this section, the City reserves the
right to reopen negotiations on the issue of leave accruals only.
Note: Newly hired employees shall have 100% of their
holiday compensation provided in pay after
December 1, 1996.
(b) Staff Employees. Staff employees shall receive the following fully
paid holidays:
New Years Day, Presidents Day, Memorial Day, Independence
12
•
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 members election.
3. Worker's Compensation Leave.
Any NBFA member who has been incapacitated by reason of any injury or
illness which has been determined to have arisen out of or in the course of
his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of
California.
4. Vacation/Sick Leave.
Administration of the vacation and sick leave program for members who
have not converted to flex leave shall be in accordance with the provisions
of the Personnel Resolution of the City of Newport Beach. Line employees
shall accrue sick leave at the rate of twelve hours per month and staff
employees shall accrue sick leave at the rate of eight hours per month.
NBFA members on the vacation/sick leave system shall accrue as follows:
Years of
Con't. Service
Line Employees
Less than 5
5 but less than 9
9 but less than 13
13 but less than 17
17 but less than 21
21 but less than 25
25 and over
Years of
Con't. Service
Staff Employees
Less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period
5.54
6.47
7.39
8.31
9.23
10.16
11.08
Leave Accrual
Hours/Pay Period
3.70
4.31
4.93
5.54
6.16
6.77
7.39
Maximum vacation accrual shall be seventy-eight (78) times the members
bi-weekly accrual rate.
13
5. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave bank
greater than a sum equal to eighty—six (86) times their normal bi—weekly
sick leave accrual rate and who have used six (6) or fewer days during the
calendar year, may elect to covert up to six (6) days of sick leave to three (3)
days pay or, with the approval of the Fire Chief, three (3) days of vacation.
Members shall elect to convert to sick leave within sixty (60) days after the
end of any calendar year.
6. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of accrued sick
leave per calendar year and line employees shall be entitled to use
forty—eight (48) hours of sick leave per calendar year for an illness of a
dependent which requires the presence of the employee. Family Sick Leave
shall be administered in accordance with the provisions of Sections
703.4.2.1 of the Personnel Resolution. The provisions of this Section shall
not be construed to affect or reduce the right of any employee to any unpaid
family medical leave authorized by State or Federal law.
7. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence from duty by
an employee having a regular or probationary appointment because of a
death or terminal illness in his/her immediate family. Staff employees shall
be entitled to forty (40) hours of Bereavement Leave per calendar year per
event while Line Employees shall be entitled to Seven and One —Half (7 1/2)
shifts of Bereavement Leave. Bereavement leave shall be administered in
accordance with the provisions of Section 705 of Resolution No. 88-13.
The provisions of this Section shall not diminish or reduce any rights a
member may have pursuant to applicable provisions of State or Federal law.
8. Reassignment.
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall 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.
14
SECTION 4. — FRINGE BENEFITS
A. Insurance.
1. Health Insurance.
City shall provide a health care plan available to all NBFA members, their
spouses, and dependents. The health plan shall be underwritten by a
reputable health care provider and PERS. The City shall also provide dental
coverage with a maximum annual benefit of $1,000.00 and limited vision
care benefits. The dental coverage may be offered by a provider other than
the one which sponsors the health care plan. City shall pay the health and
dental premium for each NBFA member, spouse and dependents up to a
maximum of $400 per month. City and NBFA shall meet and confer during
the term of this MOU with respect to the health care plan provider,
adjustments to the maximum City contribution per member, and other issues
relevant to health care coverage.
B. Retirement Benefits.
1. Pursuant to Section 20691 of the California Govemment Code, the City
shall pay to PERS, on behalf of all employees covered by this agreement,
the entire required normal "safety member" retirement contribution, but not
to exceed 9% of the compensation eamable which PERS uses to calculate
retirement contributions and benefits. In addition, the amount of' this
payment shall be reported to PERS as special compensation, which is part
of the employee's compensation eamable, pursuant to the provisions of
Section 20636 (c)(4) of the California Government Code, as amended
effective July 1, 1994. This payment shall be credited to the employee's
accounts maintained by PERS in accordance with Section 20691 of the
California Government Code. NBFA acknowledges that the City is making
this payment pursuant to a specific request of NBFA to do so, that the City
has made significant financial commitments to NBFA in this MOU in
consideration of the members' agreement to relinquish their previously held
"irrevocable right" to pay their own PERS contribution and receive a
corresponding salary increase, and that the significant financial concessions
to NBFA (which included Leave Premium Pay Accounts, changes in the
calculation of "hours worked" for purposes of overtime and intemal salary
adjustments) were made to avoid the potential for increased overtime
compensation approximating $450,000 if all NBFA members exercise their
irrevocable right to make their own PERS contribution and receive a
corresponding salary increase.
2. In the 1988-89 MOU between the City and NBFA, City agreed to provide
NBFA members with retirement benefits based upon highest year
compensation ("Highest Year Benefit"). Pursuant to that MOU, the City
agreed to pay the total extra cost of the Highest Year Benefit during
1988-89 and thereafter phase the additional cost into the total compensation
calculation at the rate of "an additional 20% per year" until fully absorbed in
the total compensation calculation. The parties wish to resolve any
disagreement over the meaning and method of implementation of those
provisions of the 1988-89 MOU related to the Highest Year Benefit by
15
converting the current value of the Highest Year Benefit to a guaranteed
payment over and above each member's salary. This guaranteed payment
shall be calculated by multiplying the member's salary by a percentage
determined by dividing sixty percent (60%) of the cost of the Highest Year
Benefit for the benchmark position (as of April 28, 1993) by total
compensation for the benchmark position as of April 28, 1993. This
guaranteed payment shall be effective June 1, 1993, shall continue in full
force and effect until December 31, 1995, and shall not be included in the
calculation of total compensation for any purpose, including, without
limitation, the computation of total compensation for the purpose of
calculating salary increases pursuant to subsection 2(A)(1)(b). City shall
provide NBFA with proof of compliance with this subsection within thirty
(30) days after its effective date and within thirty (30) days after each
subsequent salary increase.
3. The City's contract with PERS shall also provide for:
a. A 2% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
4. The Level 4 1959 Survivors Benefits.
C. Medical Advisory Committee.
The City shall meet with a medical — dental advisory committee during the months
of July, November, January and May. The committee shall be comprised of one
representative from each bargaining unit and up to three management
representatives. Committee advisory function shall include determination of
coverage, preparation and solicitation of bids, consultation with the City's broker,
determination of plan coverage, and selection of carrier and coverage options.
Meetings and determinations shall be coordinated to facilitate inclusion of findings
or decisions in the collective bargaining process. NBFA and the City have worked
together in the selection of a new health care provider. This process involved
participation in the medical advisory committee and the meet and confer process.
D. Retiree Health Insurance.
City shall provide a retiree health insurance plan through the City's group health
plan carrier and PERS. NBFA agrees that twenty five percent (25%) of the cost of
providing health insurance to retirees pursuant to the City's group health care plan
will be borne by probationary and regular employees of the City of Newport Beach
and that NBFA members shall pay their pro—rata share of the active employee
contribution to retiree health insurance. The member's contribution shall be the
same as other Newport Beach employees and is calculated by dividing 25% of the
cost of providing retiree health insurance by the number of probationary and regular
employees of the City of Newport Beach and dividing that number by 26 to
determine the amount the bi—weekly payroll deduction.
16
The contribution to retiree medical insurance shall be capped at a $400.00 per
month contribution with the City contributing a maximum of $267.00 per month
and active employees contributing a maximum of $133.00 per month. The City and
Association agree to participate in a City-wide committee to review further issues
involving retiree medical insurance.
E. Medical Opt -Out
Upon ratification of this agreement, the City would implement a system whereby
employees with proof of alternative medical coverage could opt out of the City plan
and receive, in lieu, $200.00 monthly cash payment. This opt out includes the
City's medical, vision and dental plans.
F. Short Term Disability/Long Term Disability.
The following provisions shall control a members' payment for, and access to,
eligibility for short term and long term disability plans or programs.
1. Payment. Line employees shall pay the full cost of any short term and long
term disability plan or program until he or she has accrued 120 hours of flex
leave/sick leave, 50 percent of the cost after accruing between 120 hours
and 240 hours, and City shall pay the full cost upon accrual of more than
240 hours of flex leave/ sick leave. Staff employees shall pay the full cost of
any disability plan or program until they have accrued at least 80 hours of
flex leave/ sick leave, 50 percent of the cost when they have accrued more
than 80 hours, but less than 160 hours, and City shall pay full cost upon
accrual of' 160 hours or more of flex leave/ sick leave. Whenever any line
employee has accrued at least 240 hours of flex leave/sick leave, and when
any staff employee has accrued at least 160 hours of flex leave/ sick leave
for a period of 24 months or more, City shall pay the full cost of that
member's disability plan or program so long as the member is employed
with the Newport Beach Fire and Marine Department,
2. A member shall not be entitled to receive short term or long term disability
benefits unless:
(a) The member is enrolled in the appropriate disability program;
(b) The employee has exhausted all accrued sick leave;
(c) The member must use at least 5 days, or 1/3, of accrued sick leave,
whichever is greater. Any staff employee who has used at least 160
hours of sick leave, or any line employee who has used at least 240
hours of sick leave for the injury or illness which results in disability
shall not be required to use flex leave as a precondition to accessing
the short term/long term disability program.
(d) The member has completed a 5 day waiting period, which may be
satisfied by use of accrued flex leave, sick leave or authorized
unpaid absence from work.
3. Disability benefits shall be calculated on the basis of a percentage of a
17
#
member's salary. Disability benefits shall not be paid for any portion of a
member's salary which it exceeds $7,500.00 per month for non —industrial
claims. The maximum benefit for non —industrial claims shall be $5,000 per
month. In the case of an industrial disability, benefits provided pursuant to
this subsection shall not be paid on any portion of a member's salary in
excess of $2,625.00 per month and the maximum benefit for industrial
disability claims shall be $1,750.00 per month. The limitations on
industrial disability claims are imposed in light of entitlement to
supplemental industrial disability income pursuant to Section 803.4 of
Resolution 88-13 and the provisions of Section 4850 et seq. of the Labor
Code of the State of California.
G. Employee Assistance Program..
City shall provide an Employee Assistance Program through a properly licensed
provider. NBFA members may access the Employee Assistance Program at no cost
subject to provider guidelines.
H. Annual Physical Examinations.
All NBFA members are eligible, but not required, to receive, at their option and at
City's expense, a complete annual health fitness evaluation from Centinela Hospital
or an annual medical examination from Dr. Lynn Stanton. The health fitness
evaluation, and the comprehensive medical examination shall include limited cancer
screening as specified in the contract between the medical vendor and the City. The
cost of the examination or evaluation shall not be included in the calculation of the
total compensation. Members who elect to receive a health fitness evaluation or
comprehensive medical examination shall do so on their own time. Members who
elect to receive the health fitness evaluation or comprehensive medical evaluation
shall sign a consent form authorizing the vendor to advise the Fire Chief, in
writing, if the employee is physically fit to perform his/her normal duties.
I. Physical Conditioning Equipment/Apparel.
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $5,000.00 per year for the maintenance,
repair, improvement, or replacement of fitness equipment.
2. During the term of this MOU, City shall purchase $15,000.00 worth of
additional physical fitness equipment for placement in fire stations. NBFA
shall advise City of the fitness equipment to be purchased.
3. 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.
J . 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,
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badges and insignias, uniform pants, uniform shirts, uniform jackets and liner,
belts, and turnout safety clothing. City shall not be responsible for providing
employee with socks, underwear, cap or workout shoes, or other clothing.
K. 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 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.
L. Tuition Reimbursement
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 other student expenses for approved
job —related courses. Maximum tuition reimbursement for employees shall be
$2,213.00 per fiscal year. Effective July 1, 1996 the maximum amount of
reimbursement shall be $1,000.00 per fiscal year. Reimbursement is contingent
upon the successful completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a grade of "B" or better for
graduate courses. All claims for tuition reimbursement require the approval of the
Administrative Services Director.
SECTION S. — MISCELLANEOUS PROVISIONS
A. Schedule.
The City shall have the right to designate a 14 day or 28 day work period pursuant
to Section 29 USC 507(k) (7k exemption), provided, however, the 7k exemption
shall not affect the City's obligation to pay overtime pursuant to provisions of this
MOU including the provisions of Section 1(c)1.
B. Dues Checkoff.
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.
C. Flex Leave/Vacation Leave Access.
The City and NBFA shall continue to meet and confer regarding current restrictions
on access to Flex Leave and Vacation Leave and, specifically, modifications that
would allow Flex Leave and Vacation Leave to be taken in 12 hours increments.
19
•
City and NBFA shall split the cost of implementing any modified plan including
that associated with the development of any software, provided, however, in no
event shall the cost to the City exceed $3,500.00.
D. Fire Suppression 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 fire suppression personnel for each engine company, four fire
suppression personnel for each truck company, and two firefighter/paramedics on
each paramedic unit. PAU and BLS staffing shall conform to the provisions in
Section N.
E. Jury Duty.
NBFA members who are assigned to line positions and are called to jury duty shall
be excused for each 24 hour shift during which the member is required to attend
court and sit on a jury or await assignment.
F. 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 in an attempt to schedule a makeup session, provided,
however, members may view one videotaped class to make up for an absence from
a regularly scheduled class. 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.
G. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions
in revenue, reorganization of the work force, a reduction in municipal services, a
reduction in the demand for service or other reasons unrelated to the performance of
duties by any specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification or Series
and this Section should be interpreted accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off" shall mean the non —disciplinary termination
of employment.
(b) "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted permanent status, subject to the
following:
(i) Credit shall be given only for continuous service subsequent
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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.
(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
21
Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
(d) In the event two or more employees in the same Classification are
subject to layoff and have the same seniority, the employees shall be
laid off in inverse order of their position on the eligibility list or lists
from which they were appointed. In the event at least one of the
employees was not appointed from an eligibility List, the Department
Director shall determine the employee(s) to be laid off.
3. Notice.
Employees subject to lay—off shall be given at least thirty(30) days advance
notice of the layoff or thirty (30) days pay in Lieu of notice. In addition,
employees laid off will be paid for all accumulated paid leave, holiday leave
(if any), and accumulated sick leave to the extent permitted by the Personnel
Resolution.
4. Re —Employment.
Permanent and probationary employees who are laid off shall be placed on a
Department re—employment list in reverse order of layoff. The
re—employment list shall remain in effect until exhausted by removal of all
names on the list. In the 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 Personnel
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.
H. Re —open
City and NBFA also agree to reopen this MOU to discuss modifications to the
layoff procedures including a provision that the Fire Chief, with the consent of the
employee and approval of the City Manager, may assign an employee to a
temporary position in lieu of layoff without prejudice to the employee's
reemployment rights.
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City and NBFA also agree to reopen this MOU for the purpose of developing a
Grievance procedure to be incorporated into this MOU.
Amortizing Payroll System.
The City shall establish an amortizing payroll system which will ensure that
compensation and benefits due to members will come to the extent possible, be paid
or conferred in twenty six (26) equal bi—weekly installments during each calendar
year.
J. Progressive Discipline Plan.
Any discipline shall be in accordance with Department SOP 500.80 (copy
attached).
K. Association Leave
1. 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 67 hours of Release Time per calendar year to engage in
the activities described in subsection 1(a).
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 67
hours 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.
L. 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
23
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.
M. Personnel Rules
Within ninety (90) days of the execution of this Agreement, the City will provide
draft revised personnel rules to the Association for review.
N. Pre -Hospital Emergency Medical Services System
The City and Association have met and conferred on proposed changes to the City's
Paramedic and Emergency Transportation System. The parties have agreed as
follows:
Two engine companies shall be converted to a Paramedic Assessment Unit
(PAU's). The two current paramedic units shall be converted to Paramedic
Ambulances (PA's) and a City operated 24-hour Basic Life Support (BLS)
ambulance shall be staffed by two sworn Firefighter EMT-D's. The PA's shall
normally transport patients requiring advanced life support (ALS) . The BLS
ambulance shall normally transport patients requiring basic life support (BLS).
Either the PA's or the BLS ambulance may transport ALS or BLS patients based
upon operational need.
Staffing
It is understood that the City and the NBFA have agreed to staff the BLS ambulance
using existing personnel. Those firefighters assigned to the fourth (4th) position
on Truck 62 and Truck 63 will be reassigned to the BLS ambulance.
Evaluation
The City's intent is to operate the system as outlined above for approximately one
year. During that year, an evaluation process shall be conducted, involving the
Firefighters Association, to determine if the program is meeting specified criteria.
The criteria would include:
o Service Level - The City's goal would be to answer 85% of the advanced
life support calls on a City-wide basis within 5 minutes.
o Resource Allocation - This criteria would evaluate the revised configuration
as it relates to the affect on patient care.
o Financial Criteria - Determination as to whether or not revenues are adequate
for program support. The City's goal would be to achieve net revenues of
$150,000 (versus actual costs).
The City shall involve the Firefighter 's Association with meaningful input in the
evaluation process through a Department sponsored EMS committee. The Public
Safety Committee and the City Council would shall also be involved in the
24
evaluation process. The Association shall have an opportunity to directly present its
position to the Committee and Council prior to any formal decision being reached.
Assuming there are sufficient revenues to support the program, and service levels
are not being met, it is the City's intent to expand the number of Paramedic
Assessment Units (PAUs) to four.
Confirmation from PERS
Within sixty (60) days of the execution of this agreement, the City shall provide
NBFA with written documentation from the California Public Employees
Retirement System (PERS), stating that the Longevity pay (B)(1)(a) and Holiday
Pay Conversion (B)(2)(a) sections of this MOU, comply with current PERS
guidelines and regulations.
In addition, the amount of the payments for these provisions shall be reported to
PERS as special compensation, which is part of the employee's compensation
earnable, pursuant to the provisions of Section 20636 (c) of the California
Government Code, as amended effective July 1, 1994. This payment shall
constitute compensation earnable under California Government Code Section 20636
in compliance with current PERS guidelines and regulations.
Executed this day of _A_U__J , 1997:
By:
By:
CITY OF NEWPORT BEACH
By:
ATTEST:
By:, d fia-A, `t, m ,
n Debay
ayor
LaVonne Harkless, City Clerk
APP OVED AS TO FORM:
'Robert H. Burnham, City Attorney
25
•
EXHIBIT A
Newport Beach Firefighters Association
Employee Classifications
Percent of
Firefighter
(Top Step)
Firefighter N/A
Engineer 112.50%
Paramedic 122.25%
Fire Specialits III 125.00%
Line Captain 132.00%
Staff Captains receive a 7.5% Bonus (over Line Captains).
EXHIBIT B
RESOLUTION NO. 7 171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH TO PROMOTE IMPROVED RELATIONS AND
COMMUNICATION BETWEEN THE CITY OF NEWPORT BEACH
AND ITS EMPLOYEES, WHICH SHALL BE KNOWN AS THE
"EMPLOYER -EMPLOYEE RELATIONS RESOLUTION"
SECTION 1. Statement of Purpose. This resolution is
enacted pursuant to the authority contained in Chapter 10, Division
4, Title 1 of the California Government Code (Section 3500 et seq.)
entitled "Public Employee Organizations" for the purpose of pro-
viding orderly procedures for the administration of employer -
employee relations between the City of Newport Beach (hereinafter
referred to as the "City") and its employee organizations and for
resolving questions regarding wages, hours and other terms and
conditions of employment, and to establish procedures for the
recognition of employee organizations.
SECTION 2. Definitions. Terms used herein that are
used in Government Code Section 3500 et seq. will have the same
meaning as in said Code, and have been restated herein for the
purpose of convenience, together with certain other definitions
which are unique to this resolution.
(A) "City" - means the City of Newport
Beach, a municipal corporation, and where appropriate herein "City"
refers to the City Council, the governing body of said City, or
any duly authorized management employee as herein defined.
(B) "City Representative" - The City
Manager of the City shall be the City's representative in employer -
employee relations. The City Manager may designate staff employees
as City Representatives to assist him as necessary. •
(C) "Employee" - means any person
permanently employed by the City, excepting members of the City
Council, members of appointive boards and commissions.
(D) "Employee, Confidential" - means any
employee whose duties would give the employee access to decisions
and decision -making processes of the City concerning any matters
relating to employer -employee relations.
(E) "Employee, Management" - means:
(1) Any employee having significant
responsibilities for formulating and administering City policies
and programs, including but not limited to the City Manager and
department heads.
(2) Any employee having responsibility
to assign, direct or supervise employees, or to adjust grievances
of employees, if, in connection with the foregoing, the exercise
of such authority is not of a merely routine or clerical nature,
but requires the use of independent judgment.
(F) "Employee Group for Recognition" - As
defined in Section 6 and established pursuant to Section 7 of this
resolution.
(G) "Employee Organization" - means any
organization which includes employees of the City and which has as
one of its primary purposes the representation of such employees
in their relations with the City.
(H) "Employee Representative" - means the
authorized representative of a Recognized Employee Organization.
(I)
"Employer -Employee Relations" - means
the relationship between the City and its employees and their
employee organization, or when used in a general sense, the
relationship between City management and employees or employee
organizations.
(J) "Failure to Agree" - means the City
Representative and a Recognized Employee Organization have been
unable to reach agreement concerning a subject over which they are
meeting and conferring in good faith.
(K) "Grievance" - means any disagreement
concerning the interpretation or application of this resolution,
or of rules and regulations governing personnel practices or
working conditions.
(L) "Majority Representative" - means an
employee organization which the City Representative has formally
recognized as representing the majority of the employees in an
Employee Group for Recognition as designated by the City. Formal
recognition includes the right to meet and confer in good faith
with the City Representative.
(M) "Mediation" means the use of an
impartial third person to assist the City Representative and a
Recognized Employee Organization or Organizations to voluntarily
reach an accord where there has been a failure to agree.
(N) "Meet and Confer in Good Faith" - means
the performance by duly authorized City Representatives and duly
authorized representatives of a Recognized Employee Organization
of their mutual obligation to meet at reasonable times and to
confer in good faith regarding matters within the scope of rep-
resentation, including wages, hours, and other terms and conditions
of employment, in an effort to:
(1) Reach agreement on those matters
within the authority of such representatives; and
(2) Reach agreement on what will be
recommended to the City Council on those matters within the decision -
making authority of the City Council. This does not require either
party to agree to a proposal or to make a concession.
(0) "Recognized Employee Organization" -
means an employee organization which has been formally recognized
by the•City Representative as an employee organization pursuant to
Section 6 of this resolution.
(1') "Scope of Representation" - means all
matters relating to employment conditions and employer -employee
relations including but not limited to wages, hours and other terns
and conditions of employment. City responsibilities and rights
(Section 3) are excluded from the scope of representation.
SECTION 3. City Responsibilities and Rights. To insure
that the City is able to carry out its functions and responsibili-
ties, the following matters will not be subject to the meet -and -
confer process, but shall be within the exclusive discretion of
the City:
The exclusive right to determine the mission of its
constituent departments, commissions and boards; to determine the
procedures and standards of selection for employment and promotion;
to direct its employees; to assign work to employees in accordance
with the requirements determined by the City; to establish and
change work schedules and assignments; to determine the content of
job classifications; to hire, transfer and to promote or to lay
off employees for lack of work; to suspend, discipline and dis-
charge employees for just cause; to expand or to diminish services;
to subcontract any work or operations; and to determine the methods,
means and personnel by which government operations are to be
conducted.
SECTION 4. Employee Rights. The employees of the City
shall have the right to form, join and participate in the activities
of employee organizations of their own choosing for the purpose of
representation on all matters of employer -employee relations,
including, but not limited to wages, hours and other terms and
conditions of employment. Management, and confidential employees
may not represent employees in any of the employee groups on
matters within the scope of representation, but they may join
and be represented by employee organizations.
Professional employees shall not be denied the right to
be represented separately from non-professional employees.
Employees of the City shall also have the right to
refuse to join or participate in the activities of employee
organizations, and shall have the right to represent themselves
individually in their employment relations with the City.
Individual representation shall begin with the employee's
supervisor. Requests within the scope of representation presented
in writing, shall be answered in writing within 7 calendar days. If
not resolved, the problem may be presented to the department head in
written form. Answer shall be made in writing by the department
head within 14 calendar days. If not resolved, the problem may be
presented to the City Representative in writing. Answer shall be
made within 21 calendar days.
The City and employee organizations shall not interfere
with, intimidate, restrain, coerce or discriminate against
employees because of their exercise of their' rights under this
section.
SECTION 5. Designation of Management and Confidential
Employees. The City Council authorizes the City Representative to
designate the employees by job title which have been determined to
be management or confidential employees.
SECTION 6. Employee Group for Recognition. The City
Representative, after reviewing the petition filed by an employee
4/2/70
• •
r
organization seeking formal recognition as majority representative,
shall determine whether the proposed group is an appropriate group
for recognition. Factors to be considered are listed as follows:
1. Which group will assure employees
the fullest freedom in the exercise of rights set forth under
this resolution.
2. The history of employee relations:
(i) in the group; (it) among other employees of the City;
(iii) in similar public employment.
3. The effect of the grouping on the
efficient operation of the City and sound employer -employee
relations.
4. The extent to which employees have
a community of interest, such as common skills, working conditions,
job duties or similar educational requirements.
5. The effect on the existing classi-
fication structure of dividing a single classification among two
or more groups.
Provided, however, no group shall be established solely
on the basis of the extent to which employees in the proposed group
have organized or have not organized.
SECTION 7. Petition for Recognition. An organization
representing employees that seeks recognition as the majority
representative of the employees in an Employee Group for Recogni-
tion shall file with the City Representative a petition containing
the following information:
(A) Name and address of the employee
organization;
(B) Names and titles of its officers;
(C) Names of two employee organization
• •
representatives who are authorized to speak on behalf of its
members;
(D) A certified copy of the employee
organization's constitution or bylaws which shall contain a state-
ment that the employee organization has as one of its primary
purposes the representation of the employees in their employment
relations with the City;
(E) A statement whether the employee
organization is a chapter or local of, or affiliated directly or
indirectly in any manner with, a regional or state, or national
or international organization, and, if so, the name and address
of each such regional, state, national or international organi-
zation;
(F) The designation of those persons, not
exceeding two in number, and their addresses, to whom notice sent
by regular United States mail will be deemed sufficient notice to
employee organization;
(G)
A statement that the employee organi-
zation recognizes that the provisions of Section 923 of the Labor
Code are not applicable to City employees.
(H) A statement that the employee
organization has no restriction on membership based on race, color,
creed, sex, national origin or age.
(I) The names of the employees it represents,
together with the class titles and departments where employed.
(J) Signed statements, dated within six
months of the date upon which the petition is filed, from a
majority of the employees in the Employee Group for Recognition
designating the organization as their representative in their
employment relations with the City. Such written proof shall be
• •
submitted for confirmation to the City Representative.
(K) A request that the City Representative
recognize the employee organization as the majority representative
of the employees in the Employee Group for Recognition for the
purpose of meeting and conferring in good faith on all matters
within the scope of representation.
SECTION 8. Recognition of Majority Representatives.
Upon the determination of the City Representative that the peti-
tioner meets the criteria of an employee organization, he may, at
his sole discretion, grant recognition for purposes of meeting and
conferring in good faith after determining the majority status of
the employee organization by either having a secret ballot election
conducted by a neutral party, or by any other reasonable method
based upon written proof executed within the preceding six months.
When recognition is granted, the City Representative will provide
a letter of certification to the Recognized Employee Organization.
The determination of what constitutes an appropriate
Employee Group for Recognition shall be made solely by the City
Representative, which decision shall be a fair and reasonable one
which takes into account all applicable precedent.
The recognition extended to the majority representatives
of the employee groups described in Section.6 of this resolution
shall not be subject to challenge by any competing employee
organization until two years from the date of initial recognition
by the adoption of this resolution, and may be renewed for addition-
al two year periods, except as provided below:
A petition for modification of an Employee Group for
Recognition and/or decertification may be filed with the City
Representative after the initial two-year period, but not more
than ninety or less than sixty days prior to the expiration or
renewal' date of a memorandum of understanding between the Recognized
Employee Organization and the City.
Such petition may be filed by (1) the Recognized Employee
Organization as a disavowal of interest; (2) another organization
provided the petition is accompanied by authorization cards signed
by at least thirty percent of all employees in an employee group
granted recognition prior to filing the petition; (3) any group
of employees consisting of at least ten percent of all employees
of the City.
SECTION 9. Agreement -- Preparation of Memorandum of
Understanding. If agreement is reached by the representatives of
the City and a Recognized Employee Organization or Organizations
on matters within the scope of representation, they shall jointly
prepare a written memorandum of such understanding, which shall
not be binding, and present it to the City Council for determination.
SECTION 10. Disposition of Failure to Agree. Any
failure to agree as defined in this resolution may be settled in
the following manner:
If after a reasonable period of time, the City Representa-
tive and a recognized Employee Organization or Organizations fail
to reach agreement, the City Representative and_the Recognized
Employee Organization or Recognized Employee,Arganizations together
may agree upon the appointment of a mediator mutually agreeable to
the parties. If mutual agreement on the appointment of a mediator
cannot be reached, the parties may select a mediator by obtaining
a list of seven names from the American Arbitration Association,
The State Mediation and Conciliation Service, or some other agreed
upon source, and each party shall alternately strike one name from
the list until only one name remains. The parties shall instruct
the mediator on the facts to be ascertained and the issues on
• •
which his interpretation, suggestion and advice are sought.
Costs of mediation shall be divided one-half to the City
and one-half to the Recognized Employee Organization or Recognized
Employee Organizations. The mediator shall keep all discussions
with the parties confidential, and shall take no public position
on the merits of the issue or issues. His powers will be strictly
limited to his efforts to aid the parties to reach a voluntary
accord.
SECTION 11. Grievance Procedure. Any employee or group
of employees may file a grievance regarding the interpretation or
application of this resolution
affecting an employee's wages,
A grievance shall be
procedure:
or of rules and regulations adversely
hours
or conditions of employment.
filed according to the following
Step 1. A grievance may be filed by any
employee in his own behalf, or jointly by a group of employees, or by
a Recognized Employee Organization.
Within seven calendar days of the
event giving rise to a grievance, the grievant shall present the
grievance in writing to the immediate supervisor. Grievances not
presented within the time period shall be considered resolved.
The supervisor shall meet with the
grievant to settle the grievance and give a written answer to the
grievant within seven calendar days from the receipt of the
grievance by the supervisor. When the immediate supervisor is also
the department head the grievance shall be presented directly in
Step 2.
Step 2. If the grievance is not resolved in
Step 1, the grievant may, within fourteen calendar days from his
receipt of the supervisor's answer, forward the grievance to his
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departsent head for consideration. Answer to the grievance shall
be made in writing by the department head, after conferring with
the grievant, within fourteen calendar days from receipt of the
grievance.
Step 3. If the grievance is not
resolved in Step 2, appeal to Step 3 may be made by the grievant,
within ten calendar days from his receipt of the department head's
answer, through the representative of his Recognized Employee
Organization who may request a meeting with the City Representa-
tive to resolve the grievance. Following the meeting, answer shall
be made by the City Representative in writing to the representative
within twenty-one calendar days.
The Grievance Procedure established by this section shall
not be applicable to any grievance affecting an employee who is
included within the Civil Service system (Police and Fire personnel)
if such grievance is within the jurisdiction of the Civil Service
Board as provided in Chapter 2.24 of the Newport Beach Municipal
Code.
SECTION 12. Employees at Meetings. A maximum of two
employees representing a Recognized Employee Organization may be
released from work without loss of pay or benefits to meet with the
City Representative in employer -employee relations. The limitation
of two employees may be waived upon mutual agreement between the
City Representative and the Recognized Employee Organization.
SECTION 13. Timetable for Submission of Requests
Preliminary requests from Recognized Employee Organizations for
changes in wages, fringe benefits and other terms and conditions of
employment shall be submitted by March 1 of each year for considera-
tion by the City Representative for the following fiscal year.
SECTION 14. Membership Dues Deduction. Only a Recognized
-11-
Employee Organization may have the regular dues of its members
deducted from the employees' paychecks, and only upon the written
authorization of the individual employee.
SECTION 15. Use of Bulletin Boards. Space shall be made
available to Recognized Employee Organizations on existing depart-
mental bulletin boards within the representation unit provided
such use does not interfere with the needs of the department and
the material posted is not derogatory to the City, employees of
the City, or other employee organizations in the fair and equitable
judgment of the City Representative.
SECTION 16. Use of City Facilities. Recognized Employee
Organizations may distribute pamphlets, brochures and membership
cards in City facilities only during non -working hours of the
employees involved. No unrecognized employee organization shall
engage in organizing activities or distribute pamphlets or similar
literature in connection therewith on any City property.
Recognized Employee Organizations may hold meetings of
their members or representatives on City property provided they
obtain the prior permission of the City Representative. Unless
there are extraordinary circumstances such requests should be
presented to the City Representative at least twenty-four hours
prior to the anticipated time of the meeting. The City Representa-
tive may authorize such meetings of Police and Fire Department
during duty hours.
SECTION 17. Peace Officers' Affiliation with Other
Organizations. A11 City employees who are peace officers, as that
term is defined in Section 817 of the California Penal Code, may
form, join, participate in, and be represented by employee
organizations of their own choosing for the purpose of representa-
tion on all matters of employer -employee relations as provided
-12-
i
by this Resolution, provided such employee organizations: (i) are
composed solely of such peace officers, and (ii) concern themselves
solely and exclusively with the wages, hours, working conditions,
welfare programs, and advancement of the academic and vocational
training in furtherance of the police profession, and (iii) are
not subordinate to any other organization.
SECTION 18. Advance Notice. Except in case of emergency,
each Recognized Employee Organization affected shall be given
written notice of any resolution, rule or regulation directly
relating to matters within the scope of representation proposed to
be adopted by the City Council and shall be given the opportunity
to meet with the City Representative prior to its adoption.
SECTION 19. Separability. If any provision of this
resolution or the application of such provision to any person or
circumstance shall be held invalid, the remainder of this resolu-
tion or the application of such provision to persons and
circumstances other than those to which it is held invalid shall
not be affected thereby.
SECTION 20. Adoption of Resolution. This resolution is
adopted after consultation in good faith with the Newport Beach
City Employees Association and the Newport Beach Police Employees
Association and the Newport Beach Fire Fighters Association, which
are the only employee organizations having members in the employ
of the City.
ADOPTED this ,ara day of APifiL , 1970.
ATTEST•
Cit
y i,2/K
er
CE
IED AS THE PRIG
G.1�csaai
CITY CLERK OE THE CITY F NEWP BEACH
DAM C0:.:as:.L..._L.7__J12c2
Mayor
@i R�
THS:eg
-13- 3/16/70
Letter of Understanding
between the City of Newport Beach ("City") and the Newport Beach
Firefighters Association ("NBFA") regarding the temporary amendment of
Section 5 E of the Memorandum of Understanding between the City and
NBFA pertaining to Fire Suppression Staffing Levels
Whereas, the City's primary emergency ambulance transportation provider,
MedTrans, abruptly ceased operations in the City of Newport Beach at
12:OOAM on Thursday, August 8, 1996; and
Whereas, the City's secondary emergency ambulance transportation provider,
Schaeffer Ambulance, was unable to maintain the level of service in the City
of Newport Beach in MedTrans absence; and
Whereas, the Fire and Marine Chief unilaterally altered the staffing
agreement found in Section 5 E of the M.O.U. between the City and the NBFA
and reassigned the fourth firefighter on one of the two truck companies,
Truck 62, to temporarily establish a City -operated basic life support ambulance
on August 8, 1996; and
Whereas, the City is currently in the process of reviewing proposals to
provide primary emergency ambulance transportation and will not be
complete with the process until September 9, 1996;
Whereas, the City and the NBFA both agree that the continued operation of a
City -operated basic life support ambulance is in the best interest of the citizens
of Newport Beach;
Therefore, the City and the NBFA hereby agree to continue to operate a basic
life support ambulance by using the fourth firefighter assigned to Truck 62
and one overtime firefighter until such time as the City selects a primary
emergency ambulance transportation provider or until September 9, 1996,
whichever occurs first.
Rich Thomas, President KevirJ. Murphy, ity Manager
Newport Beach Firefighters Association City of Newport Beach
8-/Z-1?lp I-/3-9�
Date Date
Letter of Understanding
between the City of Newport Beach ("City") and the Newport Beach Firefighters
Association ("NBFA") regarding the temporary amendment of Section 5E of the
Memorandum of Understanding between the City and the NBFA pertaining to Fire
Suppression Staffing Levels
Pending City Council approval of the recommendation of the Fire and Marine Chief
to staff a Basic Life Support ("BLS") ambulance with firefighter personnel, the City
and the NBFA hereby agree to continue to operate a BLS ambulance by using the
fourth firefighter assigned to Truck 62 and one overtime firefighter. This agreement
shall remain in place until such time as the City and the NBFA conclude the formal
meet and confer process concerning this issue, in accordance with the provisions of
the Charter of the City of Newport Beach and the Meyers Milias Brown Act of the
State of California.
It is agreed that the meet and confer process between representatives of the City and
the NBFA will begin immediately and this agreement will remain valid through
that process, which shall not exceed 60 days from the date of this document.
Notwithstanding any additional meet and confer process, however, it is understood
by the City and the NBFA, that three (3) additional firefighters shall be hired by the
City to comply with Section 5E of the Memorandum of Understanding between the
City and the NBFA. These personnel will be hired to bring the minimum staffing
level of Truck 63 to four (4) firefighters, as noted in Section 5E. It is also understood
by both parties, that the fourth firefighter from Truck 62 and Truck 63 will be
reassigned to a Newport Beach Fire and Marine Department operated BLS
ambulance.
;Z. -;43 -
Rich Thomas, President
Newport Beach Firefighters Association
Date
Kevirv/Y. Murphy, Csly Manager
City of Newport Beach
Date
• •
_2C6c
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU")
is entered into with reference to the following:
1. The Newport Beach Firefighters Association ("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 July 1, 1993 to
December 31, 1995 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 1992-93 MOU. NBFA recognized that the on -going recession
and the state budget crisis resulted in significant reductions
in municipal revenue during that fiscal year and agreed to
withdraw their request to a proposed 6.5 percent increase in
total compensation.
4. This MOU, upon approval by 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.
5. NBFA and the City have, subsequent to the effective date of
the agreement which is memorialized in this MOU, met and
conferred regarding provisions of the original agreement which
gave NBFA members an "irrevocable right" to pay their own PERS
contribution and receive a corresponding 9% increase in
salary. NBFA members have agreed to relinquish this
"irrevocable right" and reduce the potential increase in
overtime compensation the City would have been required to pay
if the "regular pay" of NBFA members had been increased by 9%
if and when the "irrevocable right" was exercised. The
relinquishment of the "irrevocable right" in consideration of
the City's agreement to make certain internal adjustments,
establish premium pay accounts for Vacation Leave, Sick Leave
and Flex Leave and the inclusion of Sick Leave and Holiday Pay
in the calculation of hours worked for purposes of calculating
FLSA overtime will save the City approximately $300,000 in
overtime pay. The City appreciates a continued cooperation of
NBFA and its members.
• •
SECTION 1. - General Provisions.
A. Recognition.
In accordance with the provisions of the Charter of the City
of Newport Beach, the Meyers Milias Brown Act of the State of
California and the provisions of the Employer's/Employee Labor
Relations Resolution No. 7173, the City acknowledges that 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.
B. Duration of Memorandum.
1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
necessary to implement this MOU shall be considered
effective as of July 1, 1993. This MOU shall remain in
full force and effect until December 31, 1995, and the
provisions of this MOU shall continue after the date of
expiration of this MOU in the event the parties are
meeting and conferring on a successor MOU.
2. The terms and conditions of this MOU shall prevail
over any conflicting provisions of the Newport Beach City
Charter, the ordinances, resolutions and policies of the
City of Newport Beach, and federal and state statutes,
rules and regulations which either specifically provide
that agreements such as this prevail, confer rights which
may be waived by any collective bargaining agreement, or
are, pursuant to decisional or statutory law, superseded
by the provisions of an agreement such as, or similar to,
this MOU.
C. Scope.
1. All present written rules and currently established
practices and employee rights, privileges and benefits
that are within the scope of representation shall remain
in full force and effect during the term of this MOU
unless specifically amended by the provisions of this
MOU.
2. Pursuant to this MOU, the City reserves and retains
all of its inherent exclusive and non-exclusive
managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 7173
(cony attached as Exhibit "B").
2
• •
D. Bulletin Boars.
1. Space shall be provided on bulletin boards within
the Fire Department at their present location for the
posting of notices and bulletins relating to NBFA
business, meetings, or events. All materials posted on
bulletins boards shall indicate the name of the
organization responsible. Material posted shall not
contain personal attacks on any City official or
employee, any material which constitutes harassment,
discrimination or retaliation on the basis of race,
gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any
pornographic or obscene material.
2. Material posted and messages sent through electronic
mail (E-Mail) shall not contain personal attacks on any
City official or employee, any material which constitutes
harassment, discrimination or retaliation on the basis of
race, gender, ethnicity, religion or other statutorily or
constitutionally impermissible basis, as well as any
pornographic or obscene material. E-Mail may be used for
Association business on a limited basis and consistent
with Department Policy.
E. Conclusiveness.
This MOU contains all of the covenants, stipulations, and
provisions agreed upon by the parties. Therefore, for
the life of this MOU, neither party shall be compelled to
meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by
mutual agreement of the parties. No representative of
either party has the authority to make, and none of the
parties shall be bound by, any statement, representation
or agreement reached prior to the execution of this MOU
and not set forth herein.
F. Modifications.
Any agreement, alteration, understanding, variation, or
waiver or modification of any of the terms or provisions
of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized
representatives of the parties.
G. Savings.
Should any part of this MOU be rendered or declared
illegal or invalid by legislation, decree of court of
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
3
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.
H. Impasse.
In the event of an impasse (the failure to agree on a new
MOU after the express term of the existing MOU has
expired), the parties may agree on mediation pursuant to
the procedure outlined in Section 10 of Resolution No.
7173 or a successor resolution.
I. Definitions.
For the purposes of this MOU these terms shall have the
following meanings:
1. The term "member" or " 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 a 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
Department.
SECTION 2. - Direct Wage Payments.
A. Pay for Time Worked.
1. Salary/Total Compensation Adjustments.
Effective July 1, 1993, the salary schedule for the
classifications represented by the Association shall be as
specified in Exhibit "A." 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 specified
in Section 2(A)(7), so there is an appropriate internal
relationship among the primary classifications represented by NBFA.
Subject to the foregoing, the salaries specified in Exhibit "A", or
total compensation, as appropriate, shall be subject to the
following guaranteed adjustments:
(a) Effective January 1, 1994, salaries shall be
increased by three percent (3%) or the increase in the
Consumer Price Index from July 1, 1992 to June 30, 1993,
whichever is greater. For the purposes of this
subsection, the term "CPI Increase" shall mean the total
percentage change shown in the "all items index" for "all
urban consumers" for Los Angeles--Anaheim--Riverside,
published by the United States Department of Labor,
Bureau of Labor Statistics.
(b) The provisions of this subsection are intended to
implement the City's commitment to increase total
compensation of the benchmark position by at least fifty
percent (50%) of the differential between then current
total compensation (as defined in Section 3(B)) and the
average total compensation of the five (5) highest paid
benchmark positions (or equivalent) of Municipal Fire
Departments in Orange County, and to increase the salary
of all other classifications represented by NBFA by a
percentage equal to the percentage salary increase
granted to the benchmark position in order to provide the
increase in total compensation described above.
Effective at the beginning of the last pay period of
1994, then current salaries shall be increased, at a
minimum, by an amount or percentage calculated as
follows. First, then current total compensation paid by
Newport Beach to the benchmark position shall be
subtracted from the average of the total compensation
paid to the five (5) highest paid benchmark positions of
Municipal Fire Departments in Orange County. Second, the
difference in total compensation, if any, shall be
divided by two and that sum represents the minimum total
compensation increase that shall be granted to the
benchmark position pursuant to this subsection. Third,
City shall then determine the salary increase for the
benchmark position that produces the required increase in
total compensation, and that amount shall be added to the
existing salary for the benchmark position. Finally,
City shall also determine the percentage increase in
salary to the benchmark position that results from the
increase in total compensation granted pursuant to this
subsection. In the event the matrix described in Section
2(A)(1) has been developed, salaries for all NBFA members
shall be increased by applying the matrix multiplier to
the new salary paid to the benchmark position pursuant to
this Section. In the event the matrix has not been
developed, the salaries of all NBFA members shall be
increased by the percentage increase in the salary of the
5
benchmark position. The following is an example of the
manner in which the City would calculate salary and total
compensation adjustments acquired by this section:
This example assumes that the total compensation
paid by Newport Beach was $4,000 ($3,000 salary,
$600 retirement and $400 health insurance), and the
average total compensation of the five highest paid
benchmark positions was $4,720, the minimum total
compensation increase would be $360 ($4,720 minus
$4,000 equals $720 divided by two equals $360).
City would then determine what salary increase
would produce an increase in total compensation of
$360. In this example, and assuming no change in
the health insurance contribution, the salary
increase would be $300 which was calculated by
dividing $360 by 1.2 (1.2 is the ratio of salary
and retirement benefits to salary). In summary,
the new salary would be $3,300, the new retirement
contribution would be $660 (20% of salary), and the
health insurance contribution would remain $400 for
a total compensation of $4,360. City would also
determine the percentage increase in the salary of
the benchmark position granted pursuant to this
Section by dividing the amount of the salary
increase by the pre-existing salary for the
benchmark position. In this example, the
percentage salary increase would be ten percent
(10%) ($300 divided by $3,000). In the event the
matrix exists, the salaries of all NBFA members
would be increased by applying the matrix
multiplier to the new salary of $3,300. In the
event the matrix has not been developed, salaries
of all NBFA members would be increased by 10%.
(c) In the event any recognized association or labor
organization composed of Newport Beach employees or a
significant segment of unrepresented employees receives
any increase in total compensation prior to January 1,
1994, other than pursuant to court order or judicial
decree, the same increase shall be granted to NBFA
members as of the date the increase is effective as to
the other association, labor organization, or significant
segment of unrepresented employees. City shall have no
obligation to increase salaries pursuant to subsection
(a) if the increase in total compensation paid pursuant
to this Section is effective prior to January 1, 1994 and
is equal to or is greater than the percentage increase in
total compensation that would result from application of
subsection (a). In the event increases in total
compensation granted pursuant to this Section are less
than the increase specified in subsection (a), NBFA
salaries shall be increased, effective January 1, 1994,
by an additional amount necessary to comply with
subsection (a), but in no event shall the total of the
adjustments exceed the maximum adjustment required by
subsection (a).
2. Subseauent Adiustments.
Any Adjustments in total compensation to be effective on or
after January 1, 1996 shall be determined in accordance with the
compensation policy specified in Section 3 or the then current MOU.
3. Additional Step.
Effective April 2, 1994, a new step ("F Step") shall be added
to the merit system compensation schedule for each classification
represented by NBFA. The salary for the F Step shall be five
percent (5%) greater than the then current salary for the E Step.
NBFA members who have been at the E Step for twelve (12) months
prior to April 1, 1994 shall advance to the F Step on that date.
All other NBFA members shall be eligible for an increase to the F
Step after twelve (12) months at the E Step.
4. Retirement Benefits.
(a) Pursuant to Section 20615 of the California
Government Code, the City shall pay to PERS, on behalf of
all employees covered by this agreement, the entire
required normal "safety member" retirement contribution,
but not to exceed 9% of the compensation earnable which
PERS uses to calculate retirement contributions and
benefits. In addition, the amount of this payment shall
be reported to PERS as special compensation, which is
part of the employee's compensation earnable, pursuant to
the provisions of Section 20023(c)(4) of the California
Government Code, as amended effective July 1, 1994. This
payment shall be credited to the employee's accounts
maintained by PERS in accordance with Section 20615 of
the California Government Code. NBFA acknowledges that
the City is making this payment pursuant to a specific
request of NBFA to do so, that the City has made
significant financial commitments to NBFA in this MOU in
consideration of the members' agreement to relinquish
their previously held "irrevocable right" to pay their
own PERS contribution and receive a corresponding salary
increase, and that the significant financial concessions
to NBFA (which included Leave Premium Pay Accounts,
changes in the calculation of "hours worked" for purposes
of overtime and internal salary adjustments) were made to
avoid the potential for increased overtime compensation
approximating $450,000 if all NBFA members exercise their
irrevocable right to make their own PERS contribution and
7
• •
receive a corresponding salary increase.
(b) In the 1988-89 MOU between the City and NBFA, City
agreed to provide NBFA members with retirement benefits
based upon highest year compensation ("Highest Year
Benefit"). Pursuant to that MOU, the City agreed to pay
the total extra cost of the Highest Year Benefit during
1988-89 and thereafter phase the additional cost into the
total compensation calculation at the rate of "an
additional 20% per year" until fully absorbed in the
total compensation calculation. The parties wish to
resolve any disagreement over the meaning and method of
implementation of those provisions of the 1988-89 MOU
related to the Highest Year Benefit by converting the
current value of the Highest Year Benefit to a guaranteed
payment over and above each member's salary. This
guaranteed payment shall be calculated by multiplying the
member's salary by a percentage determined by dividing
sixty percent (60%) of the cost of the Highest Year
Benefit for the benchmark position (as of April 28, 1993)
by total compensation for the benchmark position as of
April 28, 1993. This guaranteed payment shall be
effective June 1, 1993, shall continue in full force and
effect until December 31, 1995, and shall not be included
in the calculation of total compensation for any purpose,
including, without limitation, the computation of total
compensation for the purpose of calculating salary
increases pursuant to subsection 2(A)(1)(b). City shall
provide NBFA with proof of compliance with this
subsection within thirty (30) days after its effective
date and within thirty (30) days after each subsequent
salary increase.
(c) City's contract with PERS shall provide for a "two
percent at fifty" retirement formula pursuant to the
provisions of Section 21252.01 of the California
Government Code.
(d) City shall elect to be subject to the military buy
back provisions of Section 20930.3 of the California
Government Code and shall amend the contract with PERS to
reflect this election.
5. Special Assignment Pay.
The following additional payments shall be made to
certain NBFA members based on assignment:
(a) The classification system currently lists Fire
Specialist III as a classification to be designated a
permanent classification as of January 1, 1994. A11 NBFA
members occupying the position of Fire Specialist III
8
shall, prior to January 1, 1994, have their normal hourly
salary increased by 5 percent as special assignment pay.
The special assignment pay shall expire on January 1,
1994, when Fire Specialist III is made a permanent
classification within the Fire Department.
(b) Certified members of the Hazardous Materials
Response Team shall receive special assignment pay of
$200.00 per month.
(c) The line members of NBFA who are assigned to work a
full 24 hour shift as tillerman shall have their normal
hourly rate increased by 5 percent while so assigned.
6. Shift Holdover.
Not withstanding the provisions of Section 602.7.3.3 of
Resolution No. 88-13 (Personnel Policy Resolution) 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).
7. Internal Adjustments.
Effective June 25, 1994 the base salaries of the
following positions shall be adjusted to reflect the
designated percentages of the base salary of Firefighter
with the salaries of each step of each position adjusted
accordingly.
ENGINEER 112.5% OF FIREFIGHTER
PARAMEDIC 122.25% OF FIREFIGHTER
FIRE SPECIALIST III 125% OF FIREFIGHTER
CAPTAIN 132% OF FIREFIGHTER
(STAFF CAPTAINS RECEIVE A 7 1/2% BONUS)
8. Flex Leave Premium Pay Account.
NBFA members shall have the right to receive pay, at the
rate of 109% of their then current base salary, for any
Flex Leave banked, up to a maximum of 78 times bi-weekly
their 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
9
of 109% of their then current base salary for all accrued
Flex Leave to the full extent of the remaining balance in
the Flex Leave Premium Pay Account with any remaining
Flex Leave paid at the then current base salary. The
provisions of this section shall apply only to members
employed by the City of Newport Beach on or before June
30, 1994.
9. Vacation Leave Premium Pay Account.
Members who are on the traditional Vacation/Sick Leave
program as of June 30, 1994 shall be entitled to receive
pay, at the rate of 109% of their then current base
salary, for any accumulated Vacation Leave up to a
maximum of 52 times their bi-weekly Vacation Leave
accrual rate as of June 30, 1994 (Vacation Leave Premium
Pay Account). The Vacation Leave Premium Pay Account
balance shall be shown on each members regular pay stub.
The Vacation Premium Pay Account balance shall be reduced
commensurate with member purchases. Each member shall,
upon termination, resignation, retirement or other
separation from service, receive terminal pay at the rate
of 109% of their then current base salary for all accrued
Vacation Leave to the full extent of the remaining
balance in the Vacation Leave Premium Pay Account with
any remaining Vacation Leave paid upon termination at the
then current base salary. The provisions of this section
shall apply only to members employed by the City of
Newport Beach on or before June 30, 1994.
10. Sick Leayq.
Upon paid retirement, termination in good standing or
death, but not termination for cause or resignation in
lieu of termination, any member or his/her estate shall
be paid, at the rate of 109% of their final base salary
for a percentage of the employees accrued but unused Sick
Leave computed as follows:
YEARS OF SERVICE: PERCENT OF UNUSED SICK LEAVE
PAID FOR:
LESS THAN 10 NONE
10 BUT LESS THAN 15 25%
1S BUT LESS THAN 20 37.5%
20 OR MORE S0%
Payment for accrued but unused Sick Leave shall be limited to
the first 800 hours of accrued Sick Leave for Staff Employees
and the first 1200 hours for Line Employees (for example if a
Line Employee had accumulated 1400 hours of Sick Leave and
retired after 16 years he or she would receive Terminal Sick
10
• •
Leave Pay in a sum equal to 109% of their base salary per hour
for 450 hours of Sick Leave - 1200 hours multiplied by .375).
B. Comnensable Time Off.
1. Flex Leave.
(a) Subject to the provisions of subsection (b), NBFA
members shall accrue flex leave as follows:
Years
of Can't. Svc.:
Line Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Years
of Con't. Svc.:
Staff Employees
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Accrual
Hours/Pay Period:
8.77
9.69
10.62
11.54
12.46
13.39
14.31
Leave Accrual
Hours/Pay Period:
6.26
6.92
7.59
8.24
8.89
9.56
10.22
These accrual rates are effective July 1, 1993. Flex
leave banks of NBFA members shall be adjusted to reflect the
new accrual rates as of July 1, 1993.
(b) The Flex leave program shall be administered as
follows:
(i) 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 81 hours of
paid leave time to staff employees and 114 hours of
paid leave time for line employees for use by the
member to recover from illness. In the event the
City advances paid leave time and the employee is
11
terminated or resigns before completing six months
of continuous employment, the member's final check
shall be reduced by an amount equal to the number
of flex leave hours advanced multiplied by the
member's hourly rate of pay.
(ii) NBFA members who are staff employees shall
accrue 81 hours of flex leave and line employees
shall accrue 114 hours of flex leave immediately
upon completion of six (6) months continuous
employment with the Newport Beach Fire Department,
provided however, this amount shall be reduced by
any flex leave time advanced during the first six
months of employment.
(iii) Members employed by the City prior to
initiation of the flex leave program have had then
current accrued vacation time converted to flex
leave on an hour for hour basis with then current
sick leave placed in a bank to be used as provided
in Section 703 et seq. of the Personnel Resolution.
Members entitled to use sick leave pursuant to
Section 703.1 of the Personnel Resolution and who
are absent due to illness shall have their sick
leave bank reduced by the duration of the absence
unless the member notifies appropriate department
personnel that the absence should be charged to the
member's flex leave account.
(iv) Prior to the effective date of this MOU,
members were entitled to accrue flex leave up to a
maximum of 78 times the member's bi-weekly accrual
rate. Earned flex leave in excess of the maximum
permitted is currently paid bi-weekly at the
member's hourly rate of pay. 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 72 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 (78 times the
member's bi-weekly accrual rate) unless, during the
twelve months preceding the election, the member
has taken at least ninety-six (96) hours of paid
leave if a line employee and eighty (80) hours of
paid leave if a staff employee. For the purposes
of this section, Flex Leave shall include any
earned paid leave such as vacation leave,
compensatory time off, or holiday time.
(v) All requests for scheduled flex leave shall be
submitted to appropriate department personnel. In
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no event shall a member take or request flex leave
in excess of the amount accrued.
(vi) Members shall be paid for all accrued flex
leave at their then current hourly rate of pay upon
termination of the employment relationship.
(vii) Prior to January 1, 1990, NBFA members
accrued both sick leave and vacation leave. In
1990, the City adopted an alternative system called
the Flex Leave Program. Employees who opted for
the Flex Leave Program accrued less leave than the
combined vacation/sick leave accrual, but no
restrictions were placed upon the use of the leave.
NBFA members hired prior to January 1, 1990 and who
enrolled in the Flex Leave Program shall have the
right to return the vacation/sick leave system by
filing a written election to do so prior to January
1, 1995. Those members who elect to return to the
vacation/sick leave system shall have their
vacation and their sick leave banks adjusted to
reflect accruals as if they had never elected to
convert from the vacation/sick leave system to flex
leave.
By way of example, assume a member accrued 5
hours of vacation leave and 5 hours of sick
leave under the traditional system, accrues 8
hours of flex leave under the new system, and
has used 200 of the 400 hours of flex leave
accrued since the employee elected to convert
to the flex leave system. In such case, the
member would have 125 hours of vacation leave
and 125 hours of sick leave added to the leave
accrued as of the date he/she elected to
convert to the flex leave program and the
member would no longer have a flex leave
account.
2. Holiday Time.
(a) Line Employees. The provisions of this subsection shall
apply only to 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
5.077 hours per pay period. Holiday time shall be added
to the member's Flex Leave or Vacation Leave Account on
a bi-weekly basis.
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(b) Staff Emplovees. Staff employees shall receive the
following fully paid holidays:
New Years Day, Presidents Day, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day and the
day after Thanksgiving, one-half day on Christmas Eve,
Christmas, and one-half day on New Years Eve. In
addition, Staff employees will be entitled to one
floating holiday at the members election.
3. Worker's Compensation Leave.
Any NBFA member who has been incapacitated by reason of any
injury or illness which has been determined to have arisen out of
or in the course of his or her employment shall receive
compensation in accordance with the provisions of Section 4850 et.
seq. of the Labor Code of the State of California.
4. Vacation/Sick Leave.
Administration of the vacation and sick leave program for
members who have not converted to flex leave shall be in accordance
with the provisions of the Personnel Resolution of the City of
Newport Beach. Line employees shall accrue sick leave at the rate
of twelve hours per month and staff employees shall accrue sick
leave at the rate of eight hours per month.
5. Sick Leave Conversion.
Members who, at the end of any calendar year have a sick leave
bank greater than a sum equal to eighty-six (86) times their normal
bi-weekly sick leave accrual rate and who have used six (6) or
fewer days during the calendar year, may elect to covert up to six
(6) days of sick leave to three (3) days pay or, with the approval
of the Fire Chief, three (3) days of vacation. Members shall elect
to convert to sick leave within sixty (60) days after the end of
any calendar year.
6. Family Sick Leave.
Staff employees shall be entitled to use forty (40) hours of
accrued sick leave per calendar year and line employees shall be
entitled to use forty-eight (48) hours of sick leave per calendar
year for an illness of a dependent which requires the presence of
the employee. Family Sick Leave shall be administered in
accordance with the provisions of Sections 703.4.2.1 of the
Personnel Resolution. The provisions of this Section shall not be
construed to affect or reduce the right of any employee to any
unpaid family medical leave authorized by State or Federal law.
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7. Bereavement Leave.
Bereavement leave shall be defined as "the necessary absence
from duty by an employee having a regular or probationary
appointment because of a death or terminal illness in his/her
immediate family. Staff employees shall be entitled to five (5)
working days of Bereavement Leave per calendar year while Line
Employees shall be entitled to Seven and One -Half (7 1/2) shifts of
Bereavement Leave. Bereavement leave shall be administered in
accordance with the provisions of Section 705 of Resolution No. 88-
13. The provisions of this Section shall not diminish or reduce
any rights a member may have pursuant to applicable provisions of
State or Federal law.
8. Reassignment.
In the event a line employee is reassigned to a staff
position, or a staff employee is reassigned to a line position, the
City shall 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.
SECTION 3. - Compensation Policy.
A. Policy.
The intent of this Policy is to maintain salaries and other
components of the City's total compensation package at levels which
will attract and retain highly qualified personnel as members of
the Newport Beach Fire Department. The City Council shall, in
applying this compensation policy, take into consideration the
following factors:
1. The City's then current economic position;
2. The City's standing in the defined labor market
(Municipal Fire Department in Orange County);
3. Changes in the cost of living as measured by
increases or decreases in the Consumer Price Index;
and
4. Internal relationships.
The City shall use this compensation policy, tempered by sound
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fiscal policy, to maintain a highly competitive standing within the
defined labor market with the understanding that the City's ability
to make economic adjustments may be limited by budgetary
considerations, constraints imposed upon the City by limitations in
municipal revenues, or extraordinary expenditures. Taking all of
these factors into consideration, it will be the City's intent to
compensate employees represented by NBFA based upon the average of
the five (5) highest paid benchmark positions in Municipal Fire
Departments in Orange County.
B. Procedure.
The City shall annually evaluate the compensation of NBFA
members and, through the meet and confer process mandated by the
Meyers Milias Brown Act, will make appropriate modifications to
total compensation. The procedure for evaluating the average of
the five (5) highest paid benchmark positions in Municipal Fire
Departments in Orange County shall begin with a compensation survey
prepared in July of each year by the Orange County Division of the
League of Cities, subject to verification of this survey for
accuracy. The City shall use this survey to determine the total
compensation paid by other Municipal Fire Departments to the
benchmark position. The benchmark position shall be the top step
firefighter without adjustment for any specific combination of
experience, training, or education. Total compensation shall
consist of three factors: (1) salary, (2) retirement benefits
(employer -paid retirement contributions including payment of
employee's share) (3) health insurance contributions. Salary and
retirement benefits shall be calculated using the amount paid to,
or on behalf of, the benchmark position. Health insurance
contributions shall be calculated based upon the maximum
contribution made by the employer on behalf of an employee with two
or more dependents who is enrolled in the health plan having the
largest number of employee participants. The total compensation
paid to the five (5) highest paid benchmark positions shall be
added, and the total divided by five without regard to weighting or
the number of officers or employees of the Municipal Fire
Departments with the five (5) highest paid benchmark positions.
This average shall be used to establish the compensation goal.
Salaries for all NBFA represented classifications shall be adjusted
(through the use of the matrix (Exhibit A) multipliers or the
percentage increase - as appropriate) to reflect the salary
increase for the benchmark position that results from the increase
in total compensation in the same manner employed in Section
2(A) (1) (b) .
C. Term of Compensation Policy.
This compensation policy shall survive the term of this MOU
and shall remain in full force and effect unless and until modified
by the parties in writing.
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D. Revocation of Current Policy 6J-1).
NBFA agrees that this compensation policy takes the place of
Council Policy J-1, that Council Policy J-1 is no longer applicable
to NBFA and City has the right to modify or revoke J-1 at any time
subsequent to the effective date of this MOU.
SECTION 4. - Fringe Benefits.
A. Insurance.
1. Health Insurance.
City shall provide a health care plan available to all NBFA
members, their spouses, and dependents. The health plan shall
be underwritten by a reputable health care provider and PERS.
The City shall also provide dental coverage with a maximum
annual benefit of $1,000.00 and limited vision care benefits.
The dental coverage may be offered by a provider other than
the one which sponsors the health care plan. City shall pay
the health and dental premium for each NBFA member, spouse and
dependents up to a maximum of $400 per month. City and NBFA
shall meet and confer during the term of this 140U with respect
to the health care plan provider, adjustments to the maximum
City contribution per member, and other issues relevant to
health care coverage.
2. Medical Advisory Committee.
The City shall meet with a medical - dental advisory committee
during the months of July, November, January and May. The
committee shall be comprised of one representative from each
bargaining unit and up to three management representatives.
Committee advisory function shall include determination of
coverage, preparation and solicitation of bids, consultation
with the City's broker, determination of plan coverage, and
selection of carrier and coverage options. Meetings and
determinations shall be coordinated to facilitate inclusion of
findings or decisions in the collective bargaining process.
NBFA and the City have worked together in the selection of a
new health care provider. This process involved participation
in the medical advisory committee and the meet and confer
process.
3. Insurance.
City shall provide a retiree health insurance plan through the
City's group health plan carrier and PERS. NBFA agrees that
twenty five percent (25%) of the cost of providing health
insurance to retirees pursuant to the City's group health care
plan will be borne by probationary and regular employees of
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the City of Newport Beach and that NBFA members shall pay
their pro-rata share of the active employee contribution to
retiree health insurance. The member's contribution shall be
the same as other Newport Beach employees and is calculated by
dividing 25% of the cost of providing retiree health insurance
by the number of probationary and regular employees of the
City of Newport Beach and dividing that number by 26 to
determine the amount the bi-weekly payroll deduction.
B. Short Term Disability/Long Term Disability.
The following provisions shall control a members' payment for,
and access to, eligibility for short term and long term disability
plans or programs.
1. Payment. Line employees shall pay the full cost of any
short term and long term disability plan or program until
he or she has accrued 120 hours of flex leave/sick leave,
50 percent of the cost after accruing between 120 hours
and 240 hours, and City shall pay the full cost upon
accrual of more than 240 hours of flex leave/ sick leave.
Staff employees shall pay the full cost of any disability
plan or program until they have accrued at least 80 hours
of flex leave/ sick leave, 50 percent of the cost when
they have accrued more than 80 hours, but less than 160
hours, and City shall pay full cost upon accrual of 160
hours or more of flex leave/ sick leave. Whenever any
line employee has accrued at least 240 hours of flex
leave/ sick leave, and when any staff employee has
accrued at least 160 hours of flex leave/ sick leave for
a period of 24 months or more, City shall pay the full
cost of that member's disability plan or program so long
as the member is employed with the Newport Beach Fire
Department.
2. A member shall not be entitled to receive short term or
long term disability benefits unless:
(a) The member is enrolled in the appropriate
disability program;
(b) The employee has exhausted all accrued sick leave;
(c) The member must use at least 5 days, or 1/3, of
accrued sick leave, whichever is greater. Any
staff employee who has used at least 160 hours of
sick leave, or any line employee who has used at
least 240 hours of sick leave for the injury or
illness which results in disability shall not be
required to use flex leave as a precondition to
accessing the short term/long term disability
program.
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(d) The member has completed a 5 day waiting period,
which may be satisfied by use of accrued flex
leave, sick leave or authorized unpaid absence from
work.
3. Disability benefits shall be calculated on the basis of
a percentage of a member's salary. Disability benefits
shall not be paid for any portion of a member's salary
which it exceeds $7,500.00 per month for non -industrial
claims. The maximum benefit for non -industrial claims
shall be $5,000 per month. In the case of an industrial
disability, benefits provided pursuant to this subsection
shall not be paid on any portion of a member's salary in
excess of $2,625.00 per month and the maximum benefit for
industrial disability claims shall be $1,750.00 per
month. The limitations on industrial disability claims
are imposed in light of entitlement to supplemental
industrial disability income pursuant to Section 803.4 of
Resolution 88-13 and the provisions of Section 4850 et
seq. of the Labor Code of the State of California.
C. Employee Assistance Program.
City shall provide an Employee Assistance Program through a
properly licensed provider. NBFA members may access the Employee
Assistance Program at no cost subject to provider guidelines.
D. Scholastic Achievement Pay.
NBFA members are entitled to additional compensation
contingent upon scholastic achievement ("Scholastic Achievement
Pay"). NBFA members may apply for increases pursuant to this
Section when eligible and scholastic achievement pay shall be
included in the member's paycheck for the pay period immediately
after approval by the Fire Chief. It is the responsibility of the
NBFA member to apply for Scholastic Achievement Pay. Approval of
the member's application shall not be unreasonably withheld or
delayed, and the member shall not be entitled to receive scholastic
achievement pay prior to the date the application is approved even
though the member may have been eligible prior to approval.
scholastic achievement pay is contingent upon years of service and
number of units and/or degrees received by the employee. Qualifying
units and/or degrees must be awarded by accredited community
colleges, state colleges or universities. NBFA member shall receive
scholastic achievement pay in accordance with the following:
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Years of College Monthly
Service: Semester/Unit: Compensation:
2 or more 30 $70.00
3 or more 60 $100.00
3 90 $135.00
4 or more 90 $135.00
4 120 $175.00
4 B.A./B.S. $225.00
E. Annual Physical Examinations.
All NBFA members are eligible, but not required, to receive,
at their option and at City's expense, a complete annual health
fitness evaluation from Centinela Hospital or an annual medical
examination from Dr. Lynn Stanton. The health fitness evaluation,
and the comprehensive medical examination shall include limited
cancer screening as specified in the contract between the medical
vendor and the City. The cost of the examination or evaluation
shall not be included in the calculation of the total compensation.
Members who elect to receive a health fitness evaluation or
comprehensive medical examination shall do so on their own time.
Members who elect to receive the health fitness evaluation or
comprehensive medical evaluation shall sign a consent form
authorizing the vendor to advise the Fire Chief, in writing, if the
employee is physically fit to perform his/her normal duties.
F. Physical Conditioning Equipment/Apparel.
1. City has acquired fitness equipment for use by
members in maintaining physical fitness. City
shall budget $5,000.00 per year for the
maintenance, repair, improvement, or replacement of
fitness equipment.
2. During the term of this MOU, City shall purchase
$15,000.00 worth of additional physical fitness
equipment for placement in fire stations. NBFA
shall advise City of the fitness equipment to be
purchased.
3. 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.
20
G. 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, uniform jackets and liner, belts, and turnout
safety clothing. City shall not be responsible for providing
employee with socks, underwear, cap or workout shoes, or other
clothing.
H. 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 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 S. - Miscellaneous Provisions.
A. Schedule.
The City shall have the right to designate a 14 day or 28
day work period pursuant to Section 29 USC 507(k) (7k
exemption), provided, however, the 7k exemption shall not
affect the City's obligation to pay overtime pursuant to
provisions of this MOU including the provisions of
Section 1(c)1.
B. Overtime - Hours Worked .
Overtime shall consist of authorized work in excess of
the normal number of hours in any scheduled work shift or
work in excess of the maximum number of hours permitted
by the United States Department of Labor regulations for
a 28 day pay period. Use of Flex Leave, Vacation Leave,
Holiday Leave, and Sick Leave shall be considered as
hours worked for the purposes of determining eligibility
for overtime pay pursuant to the Fair Labor Standards Act
and/or Department of Labor regulations.
21
C. Dues Checkoff.
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.
D. Flex Leave/Vacation Leave Access.
The City and NBFA shall continue to meet and confer
regarding current restrictions on access to Flex Leave
and Vacation Leave and, specifically, modifications that
would allow Flex Leave and Vacation Leave to be taken in
12 hours increments. City and NBFA shall split the cost
of implementing any modified plan including that
associated with the development of any software,
provided, however, in no event shall the cost to the City
exceed $3,500.00.
E. Fire Suppression 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 fire suppression personnel for each engine
company and four fire suppression personnel for each
truck company. The City shall achieve appropriate
staffing levels when the City's financial situation
returns to normal and the employee hiring freeze is
rescinded.
F. Vacation Selection System.
The City has implemented a vacation selection system
(VSS) which phased out mandatory scheduling for vacation
relief in favor of leave coverage by paying overtime to
other members occupying the same position. The City
commits to maintain VSS subject to budgetary constraints
outlined in this Section. The City shall, for each
fiscal year during the term of this MOU, adopt a budget
which provides for the payment of overtime specifically
for the purpose of implementing VSS. The amount to be
budgeted shall be calculated by computing the
Vacation/Flex leave/Holiday time (leave) normally accrued
by each member during a fiscal year (total annual leave)
multiplying total annual leave, by that member's overtime
rate of pay (value of leave) and then adding the value of
leave for each 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
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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.
G. Jury Duty.
NEFA members who are assigned to line positions and are
called to jury duty shall be excused for each 24 hour
shift during which the member is required to attend court
and sit on a jury or await assignment.
H. 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 in an
attempt to schedule a makeup session, provided, however,
members may view one videotaped class to make up for an
absence from a regularly scheduled class. 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.
2. Reductions in Force/Layoffs.
The provisions of this section shall apply when the City
Manager determines that a reduction in the work force is
warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in
municipal services, a reduction in the demand for service
or other reasons unrelated to the performance of duties
by any specific employee. Reductions in force are to be
accomplished, to the extent feasible, on the basis of
seniority within a particular Classification or Series
and this Section should be interpreted accordingly.
1. Definitions.
(a) "Layoffs" or "Laid off" shall mean the non-
23
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.
(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
24
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.
(d) In the event two or more employees in the same
Classification are subject to layoff and have
the same seniority, the employees shall be
laid off in inverse order of their position on
the eligibility list or lists from which they
were appointed. In the event at least one of
the employees was not appointed from an
eligibility list, the Department Director
shall determine the employee(s) to be laid
off.
3. Notice.
Employees subject to lay-off shall be given at least thirty
25
(30) days advance notice of the layoff or thirty (30) days pay in
lieu of notice. In addition, employees laid off will be paid for
all accumulated paid leave, holiday leave (if any), and accumulated
sick leave to the extent permitted by the Personnel Resolution.
4. Re -Employment.
Permanent and probationary employees who are laid off shall be
placed on a Department re-employment list in reverse order of
layoff. The re-employment list shall remain in effect until
exhausted by removal of all names on the list. In the 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 Personnel 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.
J. Re -opener.
(1) NBFA shall have the right to re -open this MOU to discuss
three non -total compensation issues and the other re -
opener specified in subparagraph 2 of this section. NBFA
shall notify the City in writing on or before October 1,
1993 of its intent to re -open and the specific subjects
to be discussed.
(2) City acknowledges that NBFA, during negotiations prior to
agreement on the 1993-1995 MOU ask for an "across the
board" pay increase rather than an additional step and
that NBFA accepted the step increase because the City
agreed to meet and confer, prior to January 1, 1995
regarding the elimination of a pay step to shorten the
time from entry level to top step.
(3) City and NBFA also agree to reopen this MOU to discuss
modifications to the layoff procedures including a
provision that the Fire Chief, with the consent of the
employee and approval of the City Manager, may assign an
26
•
employee to a temporary position in lieu of layoff
without prejudice to the employee's reemployment rights.
K. Amortizing Payroll System.
The City shall establish an amortizing payroll system which
will ensure that compensation and benefits due to members will come
to the extent possible, be paid or conferred in twenty six (26)
equal bi-weekly installments during each calendar year.
L. progressive Discipline Plan.
City and NBFA shall develop a Progressive Discipline Plan to
be incorporated, by reference. into this MOU.
27
Executed this day of
By:
By:
CITY OF IEWPORT BEACH
1994:
�FA
Clarenc-. + . Turner
Mayor
ATTEST:
By:4,4
W
Wanda Raggio, City ° Clerk
APPROVED AS TO FORM:
/Robert H. Burnham, City Attorney
wb\nbfa.mou
7-25-94,GJB
28
C-2060
r •
92-93
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
1992-1993
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU" ) is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized
representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION
(hereinafter referred to as the "NBFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFA
(hereinafter referred to as "EMPLOYEES") for the 1992-1993 Fiscal
Year.
B. NBFA representatives have reached an agreement as to wages,
hours and other terms and conditions of employment to apply to all
affected EMPLOYEES for the 1992-93 Fiscal Year.
Said EMPLOYEES desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the
parties hereto effective June 30, 1992, subject to approval by the
City Council of the City of Newport Beach, as follows:
92-93
,SALARIES AND WAGES
The NBFA will concede a salary adjustment, understanding that
the City is currently in a difficult financial position which has been
brought on by the recession and complicated by the State's budget
crisis. It is the City's intent to maintain its compensation policy in a
form which assures that, subject to budgetary considerations and
constraints imposed upon the City by a limitation in municipal
revenues, employees of the City will receive wages and benefits
comparable to those paid by the highest paying agencies in Orange
County.
During the life of this MOU, the City will develop a system for
the direct deposit of paychecks to the participating Federal Wire
Service Bank of the employee's choice.
SPECIAL ASSIGNMENT PAY -FIRE PREVENTION BUREAU
There will be a special allocation made within the context of the
J-1 economic offer which assigns an additional 5% to the base income
of one member of the Fire Prevention Bureau considered to be
permanently assigned to that duty. This provision applies only to
Inspector Al Haskell. (1986-1987/1990-1991)
AMORTIZATION OF PAY
The CITY shall establish an amortizing payroll system which will
level the payment of regularly scheduled work time into 26 equal
installments. (1989-1990)
HAZARDOUS MATERIALS RESPONSE TEAM BONUS
Certified members of the Hazardous Materials response team
shall receive an assignment bonus of $200.00 per month. (1989-
1990/1990-1991)
2
92-93
40 HOUR WORK WEEK ASSIGNMENTS
The Fire Chief may assign personnel on a 56 hour work week, to
administrative positions on a 40 hour work, as needed. Pay and
benefits will be adjusted to the 40 hour equivalent, using a 40/56
conversion formula. See "Flex -Leave Accrual article " (1990-1991)
,SHIFT HOLD -OVER
Section 602.7.3.3. of the CITY'S personnel manual shall be
modified in the following manner: CHANGE _________," the
employee shall receive a minimum of three (3) hours compensation
for first and one (1) hour compensation for each hour thereafter."
TO , the employee shall be compensated at the rate
of one (1) hour's compensation for each hour worked, and will be
compensated at time and one half if the event causes the individual
to exceed the 7K limit for the F.L.S.A. work period
(1989-1990)
DUES CHECK -OFF
Newport Beach agrees to check -off for the payment of the
regular monthly NBFA dues, and to deduct such payment from the
wages of all NBFA members and employees when authorized to do so
by said members and employees, and remit such payments to the
NBFA in accordance with the terms of signed authorizations of such
members and employees. The deduction of such dues and the
remittal of same by the City of Newport Beach to the NBFA shall
constitute payment of said dues by such members and employees of
the NBFA. (1975-1976)
COURT STAND-BY
Court stand-by pay shall be increased from one (1) hour paid for
eight (8) hours of court stand-by time, to four (4) hours of pay for
eight (8) hours of stand-by time. (1985-1986)
92-93
TILLERMAN ASSIGNMENT BONUS
City agrees to pay five percent (5%) bonus to firefighters
assigned to work a full twenty-four (24) hour shift as Tillerman.
(1981-1982)
SCHOLASTIC ACHIEVEMENT PLAT{
Effective July 1,1992, NBFA members shall receive Scholastic
Achievement Pay as shown in the following schedule:
Years of College Monthly
Service Semester/Unit Comp.
2 3 0 $70.00
3 3 0 70.00
3 6 0 100.0
3 9 0 130.00
4 3 0 70.00
4 6 0 100.00
4 9 0 135.00
4 120 175.00
4 B.A./B.S 225.00
(1983-1984/1992-1993)
FLEX LEAVE POI,ICYLFLREFIGHTER
The CITY has offered to modify the current policies regarding
sick and vacation leave into a Flex Leave Policy. Participation in the
Flex Leave program will be available to NBFA members on a
voluntary basis, with all new hires placed in this program.
Enrollment must be concluded by November 30, 1990. (1991-1992)
4
• •
92-93
Basis for Flex Leave Accrual/Full-time Employees Permanent,
full-time employees hired after January 1, 1991, and represented by
the NBFA will earn Flex Leave according to the following schedule.
Permanent, full-time employees hired before January 1, 1991, and
represented by the NBFA may elect to join the Flex Leave Program or
remain in the existing Vacation and Sick Leave programs.
The City and the NBFA agree to allow for a one time reverse
enrollment from the flex -leave system back to the traditional
vacation/sick leave system. Any employee wishing to return to the
traditional system will be credited with any difference in Sick Leave
accrual as well as a corresponding reduction in Vacation accrual,
which was caused by enrollment in the Flex -Leave program. During
the term of this MOU the City will continue to seek modification of
the Flex -Leave program so as to meet the Reporting of Compensation
requirements of the Public Employees Retirement System.
FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 56 HOUR
HEEK
Years of continuous service
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Leave
hours/mo. hours/pp
19
21
23
25
27
29
31
8.77
9.69
10.62
11.54
12.46
13.39
14.31
Holiday
hours/yr
132
132
132
132
132
132
132
5
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FLEX LEAVE ACCRUTAI, FOR PERSONNEL WORKING A 40 HOUR
HEEL
Years of continuous Leave hours/pay per. 1
service
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.26
6.92
7.59
8.24
8.89
9.56
10.22
During the first six months of employment, new permanent, full-
time employees will not accrue Flex Leave. At the completion of six
months of employment Flex Leave equal to six (6) months accrual
will be placed in the employees account. From months six (6)
through twelve (12) of employment, the accrual will be monthly.
Note: If an employee becomes sick in the first six (6) months
employment, the CITY will advance up to six (6) months accrual of
Flex Leave time to be used for illness only. If the employee
terminates employment prior to six (6) months, the City will subtract
the pay equivalent of the number of Flex Leave days advanced from
the employee's final check. Any Flex Leave time advanced during
the first six (6) months of employment will be subtracted from the
accrual placed in the employee's account upon completion of six (6)
months employment.
Transition Period
On January 1, 1991, existing accrued vacation time will become
Flex Leave on an hour for hour basis. Existing sick leave will be
"banked". Sick leave that is banked will be subject to the same rules
for use as are presently in effect with the exception that after the
January 1, 1991, "banked" sick leave may only be accessed for
• •
92-93
unscheduled absences of greater than 12 hours for 56 hour
personnel and 8 hours for 40 hour personnel. The term "same rules"
includes the existing provisions for payout termination (see section
703.8 of the personnel resolution). (1991-1992)
J.imit on Accumulation
Employees may accrue Flex Leave up to an accumulated total
equal to three years accrual - Example: an employee with ten (10)
years of service may accrue a total of 828 hours (23 hours x 36
months). Any Flex Leave earned in excess of this level will be paid
on an hour for hour basis in cash at the employee's hourly rate of
pay.
Method of Use
Flex Leave may not be taken in excess of that actually accrued.
The Department Director shall approve all requests for scheduled
Flex ave taking into consideration the needs of the Department, and
when possible, the seniority and wishes of the employee. Any
fraction over an hour should be charged to the next one -tenth of an
hour.
Absences due to illness will be charged to the Flex Leave
Account unless the employee requests and approval is granted by
the Chiefs office for the time to be charged to their Sick Leave Bank.
This request must be made when notifying your supervisor of the
need to be absent for an illness. If the request is not made due to an
emergency, a request for change must be submitted to the Fire Chief
for his review and determination before the end of the following pay
period. Changes after that time will not be approved.
For personnel assigned to a fifty-six (56) hour work week
schedule, who may be assigned to a forty (40) hour work week
schedule in the same department, pay for flex -leave accrual rates
will be converted at the ratio of 40/56 and when personnel are
reassigned from the forty (40) hour schedule back to a fifty-six (56)
hour schedule the conversion ratio shall be 56/40
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92-93
Payment upon Termination
Any employee who accrued Flex Leave and whose employment
terminates shall be compensated for such accrued Flex Leave at the
hourly equivalent of the salary he/she was receiving at the time of
termination.
Suppression Manning
The City and the NBFA agree not to reduce current equipment
manning levels for suppression equipment for the life of this M.O.U.
On the basis of safety, it will be the City's intent to provide three (3)
personnel on Engine Companies and four (4) personnel on Truck
Companies. The difference in manning levels between those
presently in effect and those listed above will be adjusted when the
City's financial situation returns to normal and the employee hiring
freeze is rescinded. (1992-1993)
VACATION SELECTION SYSTEM
The City approves of the establishment of a pilot program
modifying the Fire Department's Vacation Selection System (VSS).
The goal of the new VSS is to gradually, through attrition, phase out
mandatory scheduling for vacation relief in favor of substitution by
hired overtime. (Application to all members could be done without
attrition if agreed by the Fire Chief and the NBFA). The rules
governing VSS shall be developed by the Fire Chiefs office and
authorized representative of the NBFA and shall be subject to the
approval of the Fire Chief. The pilot VSS shall begin within 30 days
after agreement has been reached on the governing rules. The
program is subject to cancellation, at any time, if it is determined by
the Fire Chief to be a contributing factor to reductions in
departmental effectiveness or morale.
Effective with the adoption of this MOU, the City will establish
VSS as a permanent program, eliminating it from its pilot status.
Annually, the City will also budget overtime specifically for the
8
92-93
purpose of funding the VSS program. The budgeting method will be
to calculate the regular "vacation/flex-leave/holiday" eligibility for
the entire NBFA membership, convert that number from hours to
dollars, and use that number to budget the overtime for the VSS
program. If the actual usage of VSS hours exceeds the budgeted
figure by quarterly milestones, the Fire Chief may use whatever
management controls he deems to be appropriate for reducing
overtime, including the temporary reduction of staffing.
(1989-1991)
HOLIDAYS
New employees hired by the Newport Beach Fire Department
shall be entitled to take ten (10) paid holidays during their first year.
After the Fire Department employee has completed one year of
continuous employment, they shall be entitled to one (1) additional
paid holiday, bringing the annual total holiday pay entitlement to
eleven (11).
Employees shall be eligible to receive holiday pay only after
they have been in active paid status for thirty (30) consecutive days.
This reduction in eligibility shall NOT be greater than one day.
The hours for each designated paid Holiday shall, at the time
that they are accrued, be included in either the Vacation -Leave
account or the Flex -Leave account respective of which Leave System
the employee has participation. At the determination of the
employee, holiday hours may be converted to pay at the employee's
regular rate.
(1988-1989/1992-1993)
,SICK I,F,AVF,
Full-time, regular Fire Department employees that are not in the
Flex Leave program shall accrue sick leave at the rate of twelve (12)
hours per month.
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92-93
FAMILY SICK LEAVE
The City agrees to amend the provisions of the sick leave
program currently applicable to affected employees to provide
authorization to use: four (4) twelve (12) hour days for 56 hour
personnel and five (5) eight (8) hour days for four (4) ten (10) hour
days for 40 hour personnel, of accrued sick leave per calendar year
for an illness of a dependent which requires the presence of the
employee. The eligibility definition for "family sick leave" shall be
changed from 'immediate family' to 'dependent'. This section applies
only to those employees who have banked sick leave. (1982-1983)
SICK LEAVE CONVERSION
Employees who at the end of the calendar year have an accrued
level of sick leave equal to or greater than the full value of 40
months of accrued sick leave, and who have used six or less days of
sick leave during the calendar year shall be permitted (only once per
year) to convert up to six days of sick leave to either salary or paid
vacation at the value of 50% (maximum value of 3 days per year).
Eligible sick leave days converted to cash shall be at the employee's
option. Eligible sick leave days converted to paid vacation shall
require the approval of the Department Director.
Those sick leave days converted under the provisions of this
Section shall reduce the employee's first 800 hours (1200 hours for
Fire Personnel on a 12 hour shift) of the termination payoff
eligibility described in Section 703.8 of the Personnel Resolution.
BEREAVEMENT LEAVE
Section 705.1 of the Personnel Resolution, Bereavement Leave,
shall read as follows: "The necessary absence from duty by an
employee having a regular or probationary appointment, because of
the death or terminal illness in his or her immediate family."
10
• •
92-93
EMT CF,RTIFICATIOP(
NBFA members shall be required to attend their regular
departmental scheduled EMT recertification classes. If an NBFA
member misses, or knows he will miss, his regularly scheduled EMT
certification class, he must first contact the Fire Chiefs office and
attempt to schedule himself into a make up session. If a make up
session is not available within the department's program schedule,
the NBFA member is responsible for seeking out and attending the
make up session on his own time. (1989-1990)
ANNUAL PHYSICAL/MEDICAL CERTIFICATION
The health fitness assessment program shall be maintained on a
voluntary basis. Fitness for duty reports (pass/fail) on participants
will be sent to the Fire Chief.
All sworn personnel are eligible to receive, by an approved
vendor at CITY expense, a complete health fitness evaluation or a
medical examination each year, and the employee's preference shall
be the determining factor.
The purpose of these evaluations is to annually assure that all
affected personnel meet or exceed the City's minimum physical
standards specified for their classification.
Because the program is voluntary, NBFA members who choose to
participate in the health fitness program may do so on their own
time. The cost of the physical evaluations shall not be considered to
be part of the total compensation for the purpose of calculating J-1
Policy. (1988-1989/1990-1991)
PHYSICAL CONDITIONING EQUIPMENT
The CITY shall acquire six (6) Lifecycles and two (2) Lifesteps to
be assigned to the fire stations to assist fire personnel in maintaining
their physical fitness (equipment specifications to be developed by
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92-93
the NBFA and approved by the Fire Chief). The CITY shall also
budget $5000.00 per year for maintenance, repair, improvement and
replacement of this equipment. (1989-1990)
Additionally; during the contract year of 1992-93, the City
agrees to purchase additional equipment for the station fitness
centers, to a maximum of $15,000. Selection of said equipment will
be at the discretion of the NBFA. (1992-1993)
MEDICAL ADVISORY COMMITTEE
Effective July 1, 1989, the CITY shall meet with a medical -
dental advisory committee during the months of July, November,
January and May. The committee shall be comprised of one
representative from each bargaining unit and up to three (3)
management representatives. Committee advisory functions shall
include, determination of coverage, preparation and solicitation of
bids, consultation with the CITY's broker, determination of plan
coverages, selection of carrier and coverage options. Meetings and
determinations shall be coordinated to facilitate inclusion in the
collective bargaining process. The NBFA and the City worked
together in the selection of a new health care provider. This process
involved participation in the Medical Advisory Committee, and
further dialog at the bargaining table.
HEALTH CARE PLAN CAP
Effective July 1, 1989, the CITY agrees to cap its contribution to
employee health care plans at $400.00 per month.
J,IMITED VISION CARE PLAN
Limited Vision Care Plan shall be added to the city's Indemnity
Health Insurance Plan. (1985-1986)
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92-93
DENTAL
The annual maximum benefit under the indemnity dental plan
shall be increased from $750.00 to $1000.00. (1986-1987)
STD/LTD PLAN
(Short Term/Long Term Disability Insurance)
The following rules will govern access to the disability insurance
program:
1. Employee must be enrolled in the disability program.
2. All existing sick leave accumulated in an employee's sick leave
bank must be used.
3. If 240 or more sick leave hours for 56 hour personnel (or 160 or
more for 40 hour personnel) have been used by an employee for
the illness that exhausts the sick leave bank, the employee may
opt to go immediately into the disability plan without using Flex
leave hours.
4. All others must use at least five (5) days or one-third of
available Flex Leave, whichever is greater, before opting to use
the disability plan.
5. In all cases there is a five (5) working day waiting period for use
of the disability plan. Employees without accumulated sick or
Flex leave must be away from work for five (5) scheduled days
before opting into the disability plan.
6. City will pay the cost of disability insurance according to the
following schedule:
Accrued leave (sick or Flex or combination) of 120 hours but less
than 240 hours (80 hours but less than 160 for 40 hour
employees)-50% paid.
Accrued leave (sick or Flex or combination) of 240 hours or more
(160 hours or more for 40 hour employees) - 100% paid.
7. Whenever an employee on a 56 hour week has maintained at
least 240 hours (160 hours for 40 hour employees) of accrued
leave benefits during a consecutive two (2) year period and has
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92-93
earned the right to have the CITY pay 100% of the monthly
premiums, the CITY shall pay 100% of the monthly premium for
the remainder of the individual's employment with the Newport
Beach Fire Department, irrespective of how many hours of
accrued leave benefits the employee maintains.
8. The ceiling on insured income under the Short Term/Long Term
Plan shall be increased to $7500 per month for non -industrial
claims. The maximum benefit shall be up to $5000 per month.
Disabilities resulting from industrial injuries shall be maintained
at the current limit of $2625 per month, with a maximum
benefit of $1750 per month. (1988-1989)
UNIFORM COSTS
Newport Beach agrees to pay the entire cost of the required
uniform. This will include safety shoes, badges and insignias,
uniform pants, uniform shirts, uniform jackets and liner, belts,
turnout safety clothing, work out shirts and trunks. The employee
will be responsible for optional approved clothing. This will include
socks, underwear, cap, work out sweat pants and shirt and work out
shoes.
,SAFETY SHOES
The NBFA Association agrees to abide by the Newport Beach
Fire Department's safety regulations which include the wearing of
approved safety shoes while on duty, as well as when answering any
calls for service as required in the line of duty. (1990-1991)
"WORK-OUT" APPAREL
The Newport Beach Fire Department agrees to outfit each NBFA
member that works in suppression with required "work-out"
apparel. The NBFA agrees that after 4:00 P.M. that its members will
be wearing the approved "work-out" apparel or the approved NBFD
uniform. (1990-1991)
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RETIREMENT
The City Council agrees to amend its contract with the Public
Employees Retirement System to provide for the inclusion of Section
21252.01 of the California Government Code, referred to as the 2% @
50 retirement formula. The effective date of this Amendment will
be on or before June 30, 1978. (1977-1978)
R'.E.R.S. PICKUP
The City shall pay each Employees' "Safety Member"
contribution to the Public Employees Retirement System (P.E.R.S.),
not to exceed nine percent (9%) of the compensation based upon
which retirement contributions are calculated. NBFA acknowledges
that CITY is paying this increased percentage of the P.E.R.S.
contribution rate, pursuant to a specific request of NBFA to so do, and
that payment of this increased percentage of the P.E.R.S. contribution
rate will result in greater benefits to members than a corresponding
salary increase. Said retirement pickup shall be credited to the
employees' individual accounts with P.E.R.S. (1983-1984)
MILITARY BUY-BACK
City shall elect to be subject to the provisions of California
Government Code Section 20930.3. (197801979)
HIGHEST YEAR RETIREMENT BENEFIT
The CITY shall modify its contract with P.E.R.S to allow for the
best/highest year calculation. The CITY shall pay the total extra cost
of the highest year benefit for the first year and phase it into total
comp. at the rate of 20% per year until it is 100% included in the
total comp. calculation. Employees who elect to do so, shall be given
the irrevocable opportunity to wave the employer paid employee
15
• •
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contribution to P.E.R.S. and elect to pay their own P.E.R.S contribution.
(1992-1993)
RETIREE HEALTH INSURANCE PLAN
The City and NBFA agree to provide a Retiree Health Insurance
Plan through the City's indemnity Health plan carrier. NBFA agrees
to pay it's share of the overall cost of 25% of the retiree's health
insurance premiums born by the active employees of the City.
(1984-1985)
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Except as to those matters expressly covered by this MOU, all
terms and conditions of employment may be changed or amended
after meeting and conferring, in good faith.
CONCLUSIVENESS OF MEMORANDUM
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the life of the
MOU, neither party shall be compelled, and each party expressly
waives its rights to meet and confer with the other, concerning any
issues within the scope of representation, whether or not specifically
conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has
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 set forth herein.
DURATION
The terms of this MOU are to remain in full force and effect
from June 30, 1992, until the 1st day of July 1993, and thereafter,
from year-to-year, unless within the time frame and in the manner
designated in Section 13, Timetable for Submission of requests for
16
• •
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the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this
MOU.
$F.PARABILITY
Should any part of the MOU or any provision herein contained
be rendered or declared invalid, by reason of any existing or
subsequently enacted Legislation, or by decree of a Court of
competent jurisdiction, such invalidation of such part or portion of
this MOU shall not invalidate the remaining portion hereto, and same
shall remain in full force and effect; provided, however, that should
the provisions of this MOU relating to pay schedule adjustment
increases be declared invalid, the CITY agrees to provide alternative
benefits agreeable to NBFA, to EMPLOYEES, which will cause such
EMPLOYEES to receive the same amount of money as they would
have received had such provision not been declared invalid.
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92-93
Executed this 22nd day of February , 1993
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By
Todd Knipp
By _
Craig Cha
CITY pf -NEW'PORT BEACH
By
Duane Munson
By
Dennis
By
Ken Delino
anner
M ay o r
( ATTEST:
City Clerk
By
Tony DeTevis
18
APPROVED AS TO FORM:
• •
91-92
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
1991-1992
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU" ) is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized
representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION
(hereinafter referred to as the "NBFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFA
(hereinafter referred to as "EMPLOYEES") for the 1991-1992 Fiscal
Year.
B. NBFA representatives have reached an agreement as to wages,
hours and other terms and conditions of employment to apply to all
affected EMPLOYEES for the 1991-92 Fiscal Year.
Said EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU to the City Council
of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties
hereto effective June 30, 1991, subject to approval by the City
Council of the City of Newport Beach, as follows:
1
91-92
SALARIES AND WAGES
Effective June 30, 1991, CITY and NBFA agree that the salaries for
each classification will be set forth in the salary schedule attached
hereto as "Appendix A".
The City will submit a written proposal intended to clarify the J-1
Policy language to all city employee associations, by either the 1st of
September, 1991, or 60 days after the signing of the last M.O.U. (of
the 91-92 negotiating season), which ever is later. Following the
submission of the City's proposal, authorized City representatives will
engage in meet and confer dialog with association representatives in
an effort to gain feedback for the City Council as it proceeds toward a
1991 revision of the J-1 Policy. Following the dialog between the
representatives of the City and the associations, the City Council shall
vote to adopt a revised form of the J-1 Policy before the end of the
calendar year. (1991)
SPECIAL ASSIGNMENT PAY -FIRE PREVENTION BUREAU
There will be a special allocation made within the context of the J-1
economic offer which assigns an additional 5% to the base income of
one member of the Fire Prevention Bureau considered to be
permanently assigned to that duty. This provision applies only to
Inspector Al Haskell. (1986-1987/1990-1991)
AMORTIZATION OF PAY
The CITY shall establish an amortizing payroll system which will
level the payment of regularly scheduled work time into 26 equal
installments. (1989-1990)
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91-92
HAZARDOUS MATERIALS RESPONSE TEAM BONUS
Certified members of the Hazardous Materials response team shall
receive an assignment bonus of $200.00 per month. (1989-
1990/1990-1991)
40 HOUR WORK WEEK ASSIGNMENTS
The Fire Chief may assign personnel on a 56 hour work week, to
administrative positions on a 40 hour work, as needed. Pay and
benefits will be adjusted to the 40 hour equivalent, using a 40/56
conversion formula. See "Flex -Leave Accrual article " (1990-1991)
SHIFT HOLD -OVER
Section 602.7.3.3. of the CITY'S personnel manual shall be modified
in the following manner: CHANGE ," the employee shall
receive a minimum of three (3) hours compensation for first and one
(1) hour compensation for each hour thereafter." _____ TO
, the employee shall be compensated at the rate of one (1)
hour's compensation for each hour worked, and will be compensated
at time and one half if the event causes the individual to exceed the
7K limit for the F.L.S.A. work period (1989-1990)
DUES CHECK -OFF
Newport Beach agrees to check -off for the payment of the regular
monthly NBFA dues, and to deduct such payment from the wages of
all NBFA members and employees when authorized to do so by said
members and employees, and remit such payments to the NBFA in
accordance with the terms of signed authorizations of such members
and employees. The deduction of such dues and the remittal of same
by the City of Newport Beach to the NBFA shall constitute payment of
said dues by such members and employees of the NBFA. (1975-
1976)
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COURT STAND-BY
Court stand-by pay shall be increased from one (1) hour paid for
eight (8) hours of court stand-by time, to four (4) hours of pay for
eight (8) hours of stand-by time. (1985-1986)
TILLERMAN ASSIGNMENT BONUS
City agrees to pay five percent (5%) bonus to firefighters assigned to
work a full twenty-four (24) hour shift as Tillerman. (1981-1982)
SCHOLASTIC ACHIEVEMENT PLAN
NBFA members shall receive Scholastic Achievement Pay as shown in
the following schedule:
Years of College Job Related Monthly
Service Semester/Unit Units Comp.
2 30 18 $ 60.00
3 3 0 18 60.00
3 6 0 2 7 90.00
3 9 0 3 6 120.00
4 3 0 18 60.00
4 6 0 2 7 90.00
4 9 0 3 6 120.00
4 120 45 150.00
(1983-1984/1990-1991)
4
• •
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FLEX LEAVE POLICY/FIREFIGHTER
The CITY has offered to modify the current policies regarding sick
and vacation leave into a Flex Leave Policy. Participation in the Flex
Leave program will be available to NBFA members on a voluntary
basis, with all new hires placed in this program. Enrollment must be
concluded by November 30, 1990. (1991-1992)
Basis for Flex Leave Accrual/Full-time Employees Permanent, full-
time employees hired after January 1, 1991, and represented by the
NBFA will earn Flex Leave according to the following schedule.
Permanent, full-time employees hired before January 1, 1991, and
represented by the NBFA may elect to join the Flex Leave Program or
remain in the existing Vacation and Sick Leave programs.
FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 56 HOUR
WEEK
Years of continuous service
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
Leave Leave
hours/mo. hours/pp
19
21
23
25
27
29
31
8.77
9.69
10.62
11.54
12.46
13.39
14.31
Holiday
hours/yr
132
132
132
132
132
132
132
5
• •
91-92
FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 40 HOUR
WEEK
Years of continuous Leave hours/pay per.
service
1 but less than 5
5 but less than 9
9 but less than 12
12 but less than 16
16 but less than 20
20 but less than 25
25 and over
6.26
6.92
7.59
8.24
8.89
9.56
10.22
During the first six months of employment, new permanent, full-time
employees will not accrue Flex Leave. At the completion of six
months of employment Flex Leave equal to six (6) months accrual
will be placed in the employees account. From months six (6)
through twelve (12) of employment, the accrual will be monthly.
Note: If an employee becomes sick in the first six (6) months
employment, the CITY will advance up to six (6) months accrual of
Flex Leave time to be used for illness only. If the employee
terminates employment prior to six (6) months, the City will subtract
the pay equivalent of the number of Flex Leave days advanced from
the employee's final check. Any Flex Leave time advanced during
the first six (6) months of employment will be subtracted from the
accrual placed in the employee's account upon completion of six (6)
months employment.
Transition Period
On January 1, 1991, existing accrued vacation time will become Flex
Leave on an hour for hour basis. Existing sick leave will be "banked".
Sick leave that is banked will be subject to the same rules for use as
are presently in effect with the exception that after the January 1,
1991, "banked" sick leave may only be accessed for unscheduled
6
91-92
absences of greater than 12 hours for 56 hour personnel and 8 hours
for 40 hour personnel. The term "same rules" includes the existing
provisions for payout termination (see section 703.8 of the personnel
resolution). (1991-1992)
Limit on Accumulation
Employees may accrue Flex Leave up to an accumulated total equal
to three years accrual - Example: an employee with ten (10) years of
service may accrue a total of 828 hours (23 hours x 36 months). Any
Flex Leave earned in excess of this level will be paid on an hour for
hour basis in cash at the employee's hourly rate of pay.
Method of Use
Flex Leave may not be taken in excess of that actually accrued.
The Department Director shall approve all requests for scheduled
Flex ave taking into consideration the needs of the Department, and
when possible, the seniority and wishes of the employee. Any
fraction over an hour should be charged to the next one -tenth of an
hour.
Absences due to illness will be charged to the Flex Leave Account
unless the employee requests and approval is granted by the Chiefs
office for the time to be charged to their Sick Leave Bank. This
request must be made when notifying your supervisor of the need to
be absent for an illness. If the request is not made due to an
emergency, a request for change must be submitted to the Fire Chief
for his review and determination before the end of the following pay
period. Changes after that time will not be approved.
For personnel assigned to a fifty-six (56) hour work week schedule,
who may be assigned to a forty (40) hour work week schedule in the
same department, pay for flex -leave accrual rates will be converted
at the ratio of 40/56 and when personnel are reassigned from the
forty (40) hour schedule back to a fifty-six (56) hour schedule the
conversion ratio shall be 56/40.
7
91-92
Payment upon Termination
Any employee who accrued Flex Leave and whose employment
terminates shall be compensated for such accrued Flex Leave at the
hourly equivalent of the salary he/she was receiving at the time of
termination.
VACATION SELECTION SYSTEM
The CITY approves of the establishment of a pilot program modifying
the Fire Department's Vacation Selection System (VSS). The goal of
the new VSS is to gradually, through attrition, phase out mandatory
scheduling for vacation relief in favor of substitution by hired
overtime. (Application to all members could be done without
attrition if agreed by the Fire Chief and the NBFA). The rules
governing VSS shall be developed by the Fire Chief's office and
authorized representative of the NBFA and shall be subject to the
approval of the Fire Chief. The pilot VSS shall begin within 30 days
after agreement has been reached on the governing rules. The
program is subject to cancellation, at any time, if it is determined by
the Fire Chief to be a contributing factor to reductions in
departmental effectiveness or morale.
Effective with the adoption of this MOU, the CITY will establish VSS
as a permanent program, eliminating it from its pilot status.
Annually, the CITY will also budget overtime specifically for the
purpose of funding the VSS program. The budgeting method will be
to calculate the regular "vacation/flex-leave/holiday" eligibility for
the entire NBFA membership, convert that number from hours to
dollars, and use that number to budget the overtime for the VSS
program. If the actual usage of VSS hours exceeds the budgeted
figure by quarterly milestones, the Fire Chief may use whatever
management controls he deems to be appropriate for reducing
overtime, including the temporary reduction of staffing.
(1989-1991)
HOLIDAYS
New employees hired by the Newport Beach Fire Department shall be
entitled to take ten (10) paid holidays during their first year. After
the Fire Department employee has completed one year of continuous
8
91-92
employment, they shall be entitled to one (1) additional paid holiday,
bringing the annual total holiday pay entitlement to eleven (11).
Employees shall be eligible to receive holiday pay only after they
have been in active paid status for thirty (30) consecutive days. This
reduction in eligibility shall NOT be greater than one day. (1988-
1989)
SICK LEAVE
Full-time, regular Fire Department employees that are not in the Flex
Leave program shall accrue sick leave at the rate of twelve (12)
hours per month.
FAMILY SICK LEAVE
The City agrees to amend the provisions of the sick leave program
currently applicable to affected employees to provide authorization
to use: four (4) twelve (12) hour days for 56 hour personnel and five
(5) eight (8) hour days for four (4) ten (10) hour days for 40 hour
personnel, of accrued sick leave per calendar year for an illness of a
dependent which requires the presence of the employee. The
eligibility definition for "family sick leave" shall be changed from
'immediate family' to 'dependent'. This section applies only to those
employees who have banked sick leave. (1982-1983)
SICK LEAVE CONVERSION
Employees who at the end of the calendar year have an accrued level
of sick leave equal to or greater than the full value of 40 months of
accrued sick leave, and who have used six or less days of sick leave
during the calendar year shall be permitted (only once per year) to
convert up to six days of sick leave to either salary or paid vacation
at the value of 50% (maximum value of 3 days per year). Eligible
sick leave days converted to cash shall be at the employee's option.
Eligible sick leave days converted to paid vacation shall require the
approval of the Department Director.
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91-92
Those sick leave days converted under the provisions of this Section
shall reduce the employee's first 800 hours (1200 hours for Fire
Personnel on a 12 hour shift) of the termination payoff eligibility
described in Section 703.8 of the Personnel Resolution.
BEREAVEMENT LEAVE
Section 705.1 of the Personnel Resolution, Bereavement Leave, shall
read as follows: "The necessary absence from duty by an employee
having a regular or probationary appointment, because of the death
or terminal illness in his or her immediate family."
EMT CERTIFICATION
NBFA members shall be required to attend their regular
departmental scheduled EMT recertification classes. If an NBFA
member misses, or knows he will miss, his regularly scheduled EMT
certification class, he must first contact the Fire Chiefs office and
attempt to schedule himself into a make up session. If a make up
session is not available within the department's program schedule,
the NBFA member is responsible for seeking out and attending the
make up session on his own time. (1989-1990)
ANNUAL PHYSICAL/MEDICAL CERTIFICATION
The health fitness assessment program shall be maintained on a
voluntary basis. Fitness for duty reports (pass/fail) on participants
will be sent to the Fire Chief.
All sworn personnel are eligible to receive, by an approved vendor at
CITY expense, a complete health fitness evaluation one year and a
medical examination the next year on an alternating basis.
The purpose of these evaluations is to annually assure that all
affected personnel meet or exceed the City's minimum physical
standards specified for their classification.
10
91-92
Because the program is voluntary, NBFA members who choose to
participate in the health fitness program may do so on their own
time. The cost of the physical evaluations shall not be considered to
be part of the total compensation for the purpose of calculating J-1
Policy. (1988-1989/1990-1991)
PHYSICAL CONDITIONING EQUIPMENT
The CITY shall acquire six (6) Lifecycles and two (2) Lifesteps to be
assigned to the fire stations to assist fire personnel in maintaining
their physical fitness (equipment specifications to be developed by
the NBFA and approved by the Fire Chief). The CITY shall also
budget $5000.00 per year for maintenance, repair, improvement and
replacement of this equipment. (1989-1990)
MEDICAL ADVISORY COMMITTEE
Effective July 1, 1989, the CITY shall meet with a medical -dental
advisory committee during the months of July, November, January
and May. The committee shall be comprised of one representative
from each bargaining unit and up to three (3) management
representatives. Committee advisory functions shall include,
determination of coverage, preparation and solicitation of bids,
consultation with the CITY's broker, determination of plan coverages,
selection of carrier and coverage options. Meetings and
determinations shall be coordinated to facilitate inclusion in the
collective bargaining process.
HEALTH CARE PLAN CAP
Effective July 1, 1989, the CITY agrees to cap its contribution to
employee health care plans at $400.00 per month.
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91-92
LIMITED VISION CARE PLAN
Limited Vision Care Plan shall be added to the city's Indemnity
Health Insurance Plan. (1985-1986)
DENTAL
The annual maximum benefit under the indemnity dental plan shall
be increased from $750.00 to $1000.00. (1986-1987)
STD/LTD PLAN
Short Term/Long Term Disability Insurance
The following rules will govern access to the disability insurance
program:
1. Employee must be enrolled in the disability program.
2. All existing sick leave accumulated in an employee's sick leave
bank must be used.
3. If 240 or more sick leave hours for 56 hour personnel (or 160 or
more for 40 hour personnel) have been used by an employee for
the illness that exhausts the sick leave bank, the employee may
opt to go immediately into the disability plan without using Flex
leave hours.
4. All others must use at least five (5) days or one-third of
available Flex Leave, whichever is greater, before opting to use
the disability plan.
5. In all cases there is a five (5) working day waiting period for use
of the disability plan. Employees without accumulated sick or
Flex leave must be away from work for five (5) scheduled days
before opting into the disability plan.
6. City will pay the cost of disability insurance according to the
following schedule:
Accrued leave (sick or Flex or combination) of 120 hours but less
than 240 hours (80 hours but less than 160 for 40 hour
employees)-50% paid.
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91-92
Accrued leave (sick or Flex or combination) of 240 hours or more
(160 hours or more for 40 hour employees) - 100% paid.
7. Whenever an employee on a 56 hour week has maintained at
least 240 hours (160 hours for 40 hour employees) of accrued
leave benefits during a consecutive two (2) year period and has
earned the right to have the CITY pay 100% of the monthly
premiums, the CITY shall pay 100% of the monthly premium for
the remainder of the individual's employment with the Newport
Beach Fire Department, irrespective of how many hours of
accrued leave benefits the employee maintains.
8. The ceiling on insured income under the Short Term/Long Term
Plan shall be increased to $7500 per month for non -industrial
claims. The maximum benefit shall be up to $5000 per month.
Disabilities resulting from industrial injuries shall be maintained
at the current limit of $2625 per month, with a maximum
benefit of $1750 per month. (1988-1989)
UNIFORM COSTS
Newport Beach agrees to pay the entire cost of the required uniform.
This will include safety shoes, badges and insignias, uniform pants,
uniform shirts, uniform jackets and liner, belts, turnout safety
clothing, work out shirts and trunks. The employee will be
responsible for optional approved clothing. This will include socks,
underwear, cap, work out sweat pants and shirt and work out shoes.
SAFETY SHOES
The NBFA Association agrees to abide by the Newport Beach Fire
Department's safety regulations which include the wearing of
approved safety shoes while on duty, as well as when answering any
calls for service as required in the line of duty. (1990-1991)
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91-92
"WORK-OUT" APPAREL
The Newport Beach Fire Department agrees to outfit each NBFA
member that works in suppression with required "work-out"
apparel. The NBFA agrees that after 4:00 P.M. that its members will
be wearing the approved "work-out" apparel or the approved NBFD
uniform. (1990-1991)
RETIREMENT
The City Council agrees to amend its contract with the Public
Employees Retirement System to provide for the inclusion of Section
21252.01 of the California Government Code, referred to as the 2% @
50 retirement formula. The effective date of this Amendment will
be on or before June 30, 1978. (1977-1978)
P.E.R.S. PICKUP
CITY shall pay each Employees' "Safety Member" contribution to the
Public Employees Retirement System (P.E.R.S.), not to exceed nine
percent (9%) of the compensation based upon which retirement
contributions are calculated. NBFA acknowledges that CITY is paying
this increased percentage of the P.E.R.S. contribution rate, pursuant to
a specific request of NBFA to so do, and that payment of this
increased percentage of the P.E.R.S. contribution rate will result in
greater benefits to members than a corresponding salary increase.
Said retirement pickup shall be credited to the employees' individual
accounts with P.E.R.S. (1983-1984)
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91-92
MILITARY BUY-BACK
City shall elect to be subject to the provisions of California
Government Code Section 20930.3. (197801979)
HIGHEST YEAR RETIREMENT BENEFIT
The CITY shall modify its contract with P.E.R.S to allow for the
best/highest year calculation. The CITY shall pay the total extra cost
of the highest year benefit for the first year and phase it into total
comp. at the rate of 20% per year until it is 100% included in the
total comp. calculation. Employees who elect to do so, shall be
allowed to pay their own P.E.R.S contribution in their last year of
employment. (1989-1990)
RETIREE HEALTH INSURANCE PLAN
The City and NBFA agree to provide a Retiree Health Insurance Plan
through the City's indemnity Health plan carrier. NBFA agrees to pay
it's share of the overall cost of 25% of the retiree's health insurance
premiums born by the active employees of the City. (1984-1985)
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Except as to those matters expressely covered by this MOU, all terms
and conditions of employment may be changed or amended after
meeting and conferring, in good faith.
CONCLUSIVENESS OF MEMORANDUM
This MOU contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, for the life of the MOU,
neither party shall be compelled, and each party expressly waives its
rights to meet and confer with the other, concerning any issues
15
• •
91-92
within the scope of representation, whether or not specifically
conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has
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 set forth herein.
DURATION
The terms of this MOU are to remain in full force and effect from
June 30, 1991, until the 1st day of July 1992, and thereafter, from
year-to-year, unless within the time frame and in the manner
designated in Section 13, Timetable for Submission of requests for
the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this
MOU.
SEPARABILITY
Should any part of the MOU or any provision herein contained be
rendered or declared invalid, by reason of any existing or
subsequently enacted Legislation, or by decree of a Court of
competent jurisdiction, such invalidation of such part or portion of
this MOU shall not invalidate the remaining portion hereto, and same
shall remain in full force and effect; provided, however, that should
the provisions of this MOU relating to pay schedule adjustment
increases be declared invalid, the CITY agrees to provide alternative
benefits agreeable to NBFA, to EMPLOYEES, which will cause such
EMPLOYEES to receive the same amount of money as they would
have received had such provision not been declared invalid.
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91-92
Executed this / 9r - day of
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By
7
Richard D. Middlebrough
B - By
Craig Chastain
CIT OF NEWPORT BEAC
By
Duane Munson
By
Denni Danner
ATTEST:
By
City Clerk
es Upton
Dave Bowman
APPROVED AS TO FORM:
B y
City Attorney
I7
r •
-zoeo
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
FOR 1989-1990 AND 1990-1991
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized
representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION
hereinafter referred to as the "NBFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFA
(hereinafter referred to as "EMPLOYEES" for the 1990-1991
Fiscal Year.
B. NBFA representatives have reached an agreement as to
wages, hours and other terms and conditions of employment to
apply to all affected EMPLOYEES for the 1990-91 Fiscal Year.
Said EMPLOYEES desire to reduce their agreement to writing,
and to present such agreement, in the form of this MOU to the
City Council of the City of Newport Beach for approval.
1
NOW, THEREFORE, this MOU is made and entered into by the
parties hereto effective June 30, 1990, subject to approval
by the City Council of the City of Newport Beach, as follows:
SALARIES AND WAGES
Effective June 30, 1990, CITY and NBFA agree that the
salaries for each classification will be set forth in the
salary schedule attached hereto as "Appendix A".
SPECIAL ASSIGNMENT PAY -FIRE PREVENTION BUREAU
There will be a special allocation made within the context of
the J-1 economic offer which assigns an additional 5% to the
base income of one member of the Fire Prevention Bureau
considered to be permanently assigned to that duty. This
provision applies only to Inspector Al Haskell. (1986-
1987/1990-1991)
FLEX LEAVE
The CITY has offered to modify the current policies regarding
sick and vacation leave into a Flex Leave policy.
Participation in the Flex Leave program will be available to
NBFA members on a voluntary basis, with all new hires placed
in this program. Enrollment must be concluded by November
30, 1990. The program will begin, for those who elect, on
2
December 29, 1990. (1990-1991)
AMORTIZATION OF PAY
The CITY shall establish an amortizing payroll system which
will level the payment of regularly scheduled work time into
26 equal installments. (1989-1990)
HAZARDOUS MATERIALS RESPONSE TEAM BONUS
Certified members of the Hazardous Materials response team
shall receive an assignment bonus of $200.00 per month.
(1989-1990/1990-1991)
40 HOUR WORK WEEK ASSIGNMENTS
The Fire Chief may assign personnel on a 56 hour work week,
to administrative positions on a 40 hour work week, as
needed. Pay and benefits will be adjusted to the 40 hour
equivalent. (1990-1991)
SHIFT HOLD -OVER
Section 602.7.3.3 of the CITY's personnel manual shall be
modified in the following manner:
CHANGE ", the employee shall receive a minimum of three
(3) hours compensation for first and one (1) hour
3
compensation for each hour thereafter." TO , the
employee shall be compensated at the rate of one (1) hour's
compensation for each hour worked, and will be compensated at
time and one half if the event causes the individual to
exceed the 7K limit for the F.L.S.A. work
period (1989-1990)
DUES CHECK -OFF
Newport Beach agrees to a check -off for the payment of the
regular monthly NBFA dues, and to deduct such payments from
the wages of all NBFA members and employees when authorized
to do so by said members and employees, and remit such
payments to the NBFA in accordance with the terms of signed
authorizations of such members and employees. The deduction
of such dues and the remittal of same by the City of Newport
Beach to the NBFA shall constitute payment of said dues by
such members and employees of the NBFA. (1975-1976)
COURT STAND-BY
Court stand-by pay shall be increased from one (1) hour paid
for eight (8) hours of court stand-by time, to four hours of
pay for eight (8) hours of stand-by time. (1985-1986)
4
TILLERMAN ASSIGNMENT BONUS
City agrees to pay a five percent (5%) bonus to firefighters
assigned to work a full twenty-four hour shift as Tillerman.
(1981-1982)
SCHOLASTIC ACHIEVEMENT PLAN
NBFA members shall receive Scholastic Achievement Pay as
shown in the following schedule:
Years of College Job Related
Service Semester Units
Units
Monthly
Comp.
2 30 18 $ 60.00
3 30 18 60.00
3 60 27 90.00
3 90 36 120.00
4 30 18 60.00
4 60 27 90.00
4 90 36 120.00
4 120 45 150.00
1983-1984/1990-1991)
5
FLEX LEAVE POLICY/FIREFIGHTERS
Basis for Flex Leave Accrual/Full-time Employees
Permanent, full-time employees hired after January 1, 1991,
and represented by the NBFA will earn Flex Leave according to
the following schedule. Permanent, full-time employees hired
before January 1, 1991, and represented by the NBFA may elect
to join the Flex Leave Program or remain in the existing
Vacation and Sick Leave programs.
FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 56 HOUR WEEK
Years of continuous Leave Leave Holiday
service hours/ hours/ hours/
month pay period year
1 but less than 5 19 8.77 132
5 but less than 9 21 9.69 132
9 but less than 12 23 10.62 132
12 but less than 16 25 11.54 132
16 but less than 20 27 12.46 132
20 but less than 25 29 13.39 132
25 and over 31 14.31 132
FLEX LEAVE ACCRUAL FOR PERSONNEL WORKING A 40 HOUR WEEK
Years of: continuous Leave Leave
hours/ hours/
month pay period
1 but less than 5 12.67 5.85
5 but less than 9 14 6.46
9 but less than 12 15.33 7.08
12 but less than 16 16.67 7.70
16 but less than 20 18 8.31
20 but less than 25 19.33 8.92
25 and over 20.67 9.54
During the first six months of employment, new permanent,
full-time employees will not accrue Flex Leave. At the
completion of six months of employment Flex Leave equal to 6
months accrual will be placed in the employees account. From
6
• •
months six through 12 of employment, the accrual will be
monthly.
Note: If an employee becomes sick in the first six months of
employment, the city will advance up to 6 months accrual of
Flex Leave time to be used for illnesses only. If the
employee terminates employment prior to six months, the City
will subtract the pay equivalent of the number of Flex Leave
days advanced from the employee's final check. Any Flex
Leave time advanced during the first six months of employment
will be subtracted from the accrual placed in the employee's
account upon completion of six months employment.
Transition Period
On January 1, 1991, existing accrued vacation time will
become Flex Leave on an hour for hour basis. Existing sick
leave will be "banked". Sick leave that is banked will be
subject to the same rules for use as are presently in effect
with the exception that after the January 1, 1991, "banked"
sick leave may only be accessed for unscheduled absences of
greater than 12 hours for 56 hour personnel and 8 hours for
40 hour personnel. The first 12/8 hours must be taken from
Flex Leave. The term "same rules" includes the existing
provisions for payoff at termination (see section 703.8 of
the personnel resolution).
Limit on Accumulation
Employees may accrue Flex Leave up to an accumulated total
equal to three years accrual - Example: an employee with 10
years of service may accrue a total of 828 hours (23 hours x
7
36 months). Any Flex Leave earned in excess of this level
will be paid on an hour for hour basis in cash at the
employee's hourly rate of pay.
Method of Use
Flex Leave may not be taken in excess of that actually
accrued.
The Department Director shall approve all requests for
scheduled Flex Leave taking into consideration the needs of
the Department, and whenever possible, the seniority and
wishes of the employee. Any fraction over an hour should be
charged to the next one -tenth of an hour.
The first 12 hours for 56 hour personnel, 8 hours for 40 hour
personnel, taken off due to illness will be charged to the
Flex Leave Account. Any additional time will also be charged
to the Flex Leave Account unless the employee requests and
approval is granted by the Chief's office for additional
time be charged to their Sick Leave Bank. This request must
be made when notifying your supervisor of the need to be
absent for an illness. If the request is not made due to an
emergency, a request for change must be submitted to the Fire
Chief for his review and determination before the end of the
following pay period. Changes after that time will not be
approved.
Payment upon Termination
Any employee who accrued Flex Leave and whose employment
terminates shall be compensated for such accrued Flex Leave
at the hourly equivalent of the salary he/she was receiving
• •
at the time of termination.
VACATION SELECTION SYSTEM
The CITY approves of the establishment of a pilot program
modifying the Fire Department's Vacation Selection System
(VSS). The goal of the new VSS is to gradually, through
attrition, phase out mandatory scheduling for vacation relief
in favor of substitution by hired overtime. (Application to
all members could be done without attrition if agreed by the
Fire Chief and the NBFA). The rules governing VSS shall be
developed by the Fire Chief's office and authorized
representatives of the NBFA and shall be subject to the
approval of the Fire Chief. The pilot VSS shall begin within
30 days after agreement has been reached on the governing
rules. The program is subject to cancellation, at any time,
if it is determined by the Fire Chief to be a contributing
factor to reductions in departmental effectiveness or morale.
(1989-1990)
HOLIDAYS
New employees hired by the Newport Beach Fire Department
shall be entitled to take ten (10) paid holidays during their
first year. After the Fire Department employee has completed
one year of continuous employment, they shall be entitled to
one (1) additional paid holiday, bringing the annual total
9
holiday pay entitlement to eleven (11).
Employees shall be eligible to receive holiday pay only after
they have been in active paid status for thirty (30)
consecutive days. This reduction in eligibility shall NOT be
greater than one day. (1988-1989)
SICK LEAVE
Full time, regular Fire Department employees that are not in
the Flex Leave program shall accrue sick leave at the rate of
12 hours per month.
FAMILY SICK LEAVE
The City agrees to amend the provisions of the sick leave
program currently applicable to affected employees to provide
authorization to use: four (4) twelve (12) hour days for 56
hour personnel and five (5) eight (8) hour days or four (4)
ten (10) hour days for 40 hour personnel, of accrued sick
leave per calendar year for an illness of a dependent which
requires the presence of the employee. The eligibility
definition for "family sick leave" shall be changed from
'immediate family' to 'dependent'. This section applies only
to those employees who have banked sick leave. (1982-1983)
10
SICK LEAVE CONVERSION
Employees who at the end of the calendar year have an accrued
level of sick leave equal to or greater than the full value
of 40 months of accrued sick leave, and who have used six or
less days of sick leave during the calendar year shall be
permitted (only once per year) to convert up to six days of
sick leave to either salary or paid vacation at the value of
50% (maximum value of 3 days per year). Eligible sick leave
days converted to cash shall be at the employee's option.
Eligible sick leave days converted to paid vacation shall
require the approval of the Department Director. (1987-1988)
Those sick leave days converted under the provisions of this
Section shall reduce the employee's first 800 hours (1200
hours for Fire Personnel on a 12 hour shift) of the
termination payoff eligibility described in Section 703.8 of
the Personnel Resolution.
BEREAVEMENT LEAVE
Section 705.1 of the Personnel Resolution, Bereavement Leave,
shall read as follows: "The necessary absence from duty by
an employee having a regular or probationary appointment,
because of the death or terminal illness in his or her
immediate family."
11
EMT CERTIFICATION
NBFA members shall be required to attend their regular
departmental scheduled EMT recertification classes. If an
NBFA member misses, or knows he will miss, his regularly
scheduled EMT certification class, he must first contact the
Fire Chief's office and attempt to schedule himself into a
make up session. If a make up session is not available
within the department's program schedule, the NBFA member is
responsible for seeking out and attending the make up session
on his own time. (1989-1990)
ANNUAL PHYSICAL/MEDICAL CERTIFICATION
The health fitness assessment program shall be maintained on
a voluntary basis. Fitness for duty reports (pass/fail) on
participants will be sent to the Fire Chief.
All sworn personnel are eligible to receive, by an approved
vendor at CITY expense, a complete health fitness evaluation
one year and a medical examination the next year on an
alternating basis.
The purpose of these evaluations is to annually assure that
all affected personnel meet or exceed the City's minimum
physical standards specified for their classification.
Because the program is voluntary, NBFA members who choose to
participate in the health fitness program may do so on their
own time. The cost of the physical evaluations shall not be
12
considered to be part of the total compensation for the
purpose of calculating J-1 Policy. (1988-1989/1990-1991)
PHYSICAL CONDITIONING EQUIPMENT
The CITY shall acquire 6 Lifecycles and 2 Lifesteps to be
assigned to the fire stations to assist fire personnel in
maintaining their physical fitness (equipment specifications
to be developed by the NBFA and approved by the Fire Chief).
The CITY shall also budget $5000.00 per year for maintenance,
repair, improvement and replacement of this equipment.
(1989-1990)
MEDICAL ADVISORY COMMITTEE
Effective July 1, 1989, the CITY shall meet with a medical -
dental advisory committee during the months of July,
November, January and May.
The committee shall
of one representative from each bargaining unit
management representatives.
shall include, determination
Committee advisory
be comprised
and up to 3
functions
of coverage, preparation and
solicitation of bids, consultation with the CITY's broker,
determination of plan coverages, selection of carrier and
coverage options. Meetings and determinations shall be
coordinated to facilitate inclusion in the collective
bargaining process.
13
HEALTH CARE PLAN CAP
Effective July 1, 1989, the CITY agrees to cap its
contribution to employee health care plans at $400.00 per
month.
LIMITED VISION CARE PLAN
Limited Vision Care Plan shall be added to the city's
Indemnity Health Insurance Plan. (1985-1986)
DENTAL
The annual maximum benefit under the indemnity dental plan
shall be increased from $750.00 to $1,000.00. (1986-1987)
STD/LTD PLAN
Short Term/Long Term Disability Insurance
The following rules will govern access to the disability
insurance program:
1. Employee must be enrolled in the disability program.
2. All existing sick leave accumulated in an employee's sick
leave bank must be used.
3. If 240 or more sick leave hours for 56 hour personnel (or
160 or more for 40 hour personnel) have been used by an
employee for the illness that exhausts the sick leave
14
ii
bank, the employee may opt to go immediately into the
disability plan without using Flex leave hours.
4. All others must use at least five days or one-third of
available Flex Leave, whichever is greater, before opting
to use the disability plan.
5. In all cases there is a five working day waiting period
for use of the disability plan. Employees without
accumulated sick or Flex leave must be away from work for
five scheduled days before opting into the disability
plan.
6. City will pay the cost of disability insurance according
to the following schedule:
Accrued leave (sick or Flex or combination) of 120 hours
but less than 240 hours (80 hours but less than 160 for
40 hour employees) - 50% paid.
Accrued leave (sick or Flex or combination) of 240 hours
or more (160 hours or more for 40 hour employees) - 100%
paid.
7. Whenever an employee on a 56 hour week has maintained at
least 240 hours (160 hours for 40 hour employees) of
accrued leave benefits during a consecutive two year
period and has earned the right to have the CITY pay 100%
of the monthly premiums, the CITY shall pay 100% of the
monthly premium for the remainder of the individual's
employment with the Newport Beach Fire Department,
irrespective of how many hours of accrued leave benefits
the employee maintains.
15
8. The ceiling on insured income under the Short-
term/Long-term Plan shall be increased to $7500 per month
for non -industrial claims. The maximum benefit shall be
up to $5000 per month. Disabilities resulting from
industrial injuries shall be maintained at the current
limit of $2625 per month, with a maximum benefit of
$1,750 per month. (1988-1989)
UNIFORM COSTS
Newport Beach agrees to pay the entire cost of the required
uniform. This will include safety shoes, badges and
insignias, uniform pants, uniform shirt, uniform jacket and
liner, belt, turnout safety clothing, work out shirt and
trunks. The employee will be responsible for optional
approved clothing. This will include socks, underwear, cap,
work out sweat pants and shirt and work out shoes.
SAFETY SHOES
The NBFA Association agrees to abide by the Newport Beach
Fire Department's safety regulations which include the
wearing of approved safety shoes while on duty, as well as
when answering any calls for service as required in the line
of duty. (1990-1991)
16
• •
"WORK-OUT" APPAREL
The Newport Beach Fire Department agrees to outfit each NBFA
member that works in suppression with required "work out"
apparel. The NBFA agrees that after 4:00 P.M. that its
members will be wearing the approved "work out" apparel or
the approved NBFD uniform. (1990/1991)
RETIREMENT
The City Council agrees to amend its contract with the Public
Employees Retirement System to provide for the inclusion of
Section 21252.01 of the California Government Code, referred
to as the 2% @ 50 retirement formula. The effective date of
this Amendment will be on or before June 30, 1978. (1977-78)
P.E.R.S. PICKUP
CITY shall pay each Employees' "Safety Member" contribution
to the Public Employees Retirement System (P.E.R.S.), not to
exceed Nine Percent (9.0%) of the compensation based upon
which retirement contributions are calculated. NBFA
acknowledges that CITY is paying this increased percentage of
the P.E.R.S. contribution rate, pursuant to a specific
request of NBFA to so do, and that payment of this increased
percentage of the P.E.R.S. contribution rate will result in
17
greater benefits to members than a corresponding salary
increase. Said retirement pickup shall be credited to the
employees' individual accounts with P.E.R.S. (1983-1984)
MILITARY BUY-BACK
City shall elect to be subject to the provisions of
California Government Code Section 20930.3. (1978-1979)
HIGHEST YEAR RETIREMENT BENEFIT
The CITY shall modify its contract with P.E.R.S. to allow for
the best/highest year calculation. The CITY shall pay the
total extra cost of the highest year benefit for the first
year and phase it into total comp. at the rate of 20% per
year until it is 100% included in the total comp.
calculation. Employees who elect to do so, shall be allowed
-to pay their own P.E.R.S. contribution in their last year of
employment. (1989-1990)
RETIREE HEALTH INSURANCE PLAN
The City and NBFA agree to provide a Retiree Health Insurance
Plan through the City's indemnity Health plan carrier. NBFA
agrees to pay it's share of the overall cost of 25% of the
retiree's health insurance premiums born by the active
employees of the City. (1984-1985)
18
• •
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Except as to those matters expressly covered by this MOU, all
terms and conditions of employment may be changed or amended
after meeting and conferring, in good faith.
CONCLUSIVENESS OF MEMORANDUM
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the
life of the MOU, neither party shall be compelled, and each
party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of
representation, whether or not specifically conferred about
prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party
has 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.
DURATION
The terms of this MOU are to remain in full force and effect
and retroactive to June 30, 1990, until the 1st day of July
1991, and thereafter, from year-to-year, unless within the
time frame and in the manner designated in Section 13,
19
Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon
the other of its desire to make changes in this MOU.
SEPARABILITY
Should any part of this MOU or any provision herein contained
be rendered or declared invalid, by reason of any existing
or subsequently enacted Legislation, or by decree of a Court
of competent jurisdiction, such invalidation of such part or
portion of this MOU shall not invalidate the remaining
portion hereto, and same shall remain in full force and
effect; provided, however, that should the provisions of this
MOU relating to pay schedule adjustment increases be declared
invalid, the CITY agrees to provide alternative benefits
agreeable to NBFA, to EMPLOYEES, which will cause such
EMPLOYEES to receive the same amount of money as they would
have received had such provision not been declared invalid.
20
Executed this 7th day of November , 1990
APPRO• Li AS TO FORM:
By
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By
-B
James Upton
By
By
an
Crag Chastain
CITY OF NEWPORT BEACH
By
By
City Attorney
City of Newport Beach
Robert
ATTEST:
4L4ii
22
City Clerk
1990-91
EXHIBIT "A"
FIRE
CLASS
CLASSIFICATION CODE
MONTHLY
SALARY RANGE
FIRE CAPTAIN 3-000 3465- 4211
FIRE EMERGENCY MGMT COORD 3-002 3465- 4211
FIRE ENGINEER 3-005 2970- 3610
FIRE PARAMEDIC 3-010 3051- 3709
FIRE PARAMEDIC 3-011 3217- 3910
FIRE TRAINING COORDINATOR 3-013 3298- 4009
FIREFIGHTER 3-015 2680- 3258
*DEPUTY FIRE MSRSHALL
3725 - 4527
(Fire Captain + 7.5%)
89-90
c —2060
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized representatives of the
NEWPORT BEACH FIRE FIGHTERS ASSOCIATION (hereinafter referred to
as the "NBFFA") a recognized employee organization, met and conferred,
exchanging various proposals concerning wages, hours, fringe benefits and
other terms and conditions of employment of employees represented by
NBFFA (hereinafter referred to as "EMPLOYEES" for the 1989-90 Fiscal Year.
B. NBFFA representatives have reached an agreement as to wages, hours
and other terms and conditions of employment to apply to all affected
EMPLOYEES for the 1989-90 Fiscal Year. Said EMPLOYEES desire to reduce
their agreement to writing, and to present such agreement, in the form of this
MOU to the City Council of the City of Newport Beach for approval.
1
89-90
NOW, THEREFORE, this MOU is made and entered into by the parties hereto
effective July 2, 1988, subject to approval by the City Council of the City of
Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 1, 1989, CITY and NBFFA agree that the salaries for each
classification will be set forth in the salary schedule attached hereto as
"Appendix A".
ARTICLE 2
STD/LTD Plan Amendment
Effective July 1, 1984, the CITY amended the Short -Term Disability/Long-
Term Disability Plans so that whenever an employee on a 56-hour week has
maintained at least 480 hours (40-hour week personnel 320 hours) of accrued
sick leave benefits during a consecutive two-year period and has earned the
right to have the CITY pay 100% of the monthly premiums, the CITY shall
pay 100% of the monthly premium for the remainder of the individual's
employment with the Newport Beach Fire Department, irrespective of how
many hours of accrued sick leave benefits the employee maintains. The
consecutive two-year period commenced July 1, 1982.
Fire Personnel on an average 56-hour work week who have accrued between
320 and 480 hours of sick leave are grandfathered at the 100% CITY -paid
2
• •
89-90
premium rate until such time the employee accrues 480 hours of sick leave
on July 1, 1985, whichever occurs first. Personnel in this category falling
below 320 hours shall lose the grandfather benefit and will have to meet the
criteria of this article.
The Plan was further amended to reflect the following accrual hours and
percent payment of the monthly premium by the CITY.
Change effective July 5, 1986, are reflected in the following chart:
Accrued Sick Leave
40-hour work week
Accrued Sick Leave City pays %
56-hour work week Monthly Premium
Prior to After
7-5-86 7-5-86
20 days 20 days
(160 Hours) (240 hours) 128 hours 50%
40 days 40 days
(320 hours) (480 hours) 208 hours 100%
Effective July 2, 1988, the ceiling on insured income under the Short-
Term/Long-Term Plan will be increased to $7,500 per month for non-
industrial claims. The maximum benefit will be up to $5,000 per month.
Disabilities resulting from industrial injuries will be maintained at the
current limit of $2,625 per month, with a maximum benefit of $1,750 per
month.
ARTICLE 3
3
89-90
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and NBFFA agreed to re -open the
contract for the purpose of meeting and conferring on the issues of modifying
the current Health Insurance Plan. The City will allow the previously
enrolled spouse of an employee to continue to be covered under the Retiree
Health Insurance Policy offered by the CITY.
ARTICLE 4
Annual Physical Certification
Effective June 22, 1985, the City will provide a voluntary annual physical
evaluation for all sworn Fire Department personnel who are 39 years of age,
or younger, at the start of the Fiscal Year. The City will receive a 'fit' or 'not
fit' for duty rating for each participant in the program. If the program
remains with Rancho Santiago Community College, the City will pay for the
blood work.
Employees who are 40 to 49 years of age at the start of the fiscal yeaf shall be
required to submit to the above -referenced stress test on a bi-annual basis.
This evaluation will be joined with a bi-annual physical examination, which
will include cancer screening. The stress test and the physical examination
shall take place in alternate years. Sworn Fire Department personnel over 50
years of age shall be required to an annual physical examination. They will
not be required to participate in the stress test.
89-90
The purpose of these physical evaluations is to annually assure that all
affected personnel meet or exceed the City's minimum physical standards
specified for their classification. Because the program is voluntary, NBFA
members who choose to participate in the physical fitness program may do so
on their own time. The cost of the physical evaluations shall not be
considered to be part of the total compensation for the purpose of calculating
J-1 Policy.
ARTICLE 5
Bereavement Leave
Section 705.1 of the Personnel Resolution, Bereavement Leave, shall read as
follows:
"the necessary absence from duty by an employee having a regular or
probationary appointment, because of the death or terminal illness in
his or her immediate family."
ARTICLE 6
Court Standby Pay
Effective June 22, 1985, Court standby pay shall be increased from one (1) hour
paid for eight (8) hours of court standby time, to four (4) hours of pay for eight
(8) hours of standby time.
ARTICLE 7
Limited Vision Care Plan
5
89-90
Effective July 1, 1985, a Limited Vision Care Plan shall be added to the City's
Indemnity Health Insurance Plan.
ARTICLE 8
Medical Advisory Committee
Effective July 1, 1989, the CITY shall meet with a medical -dental advisory
committee during the months of December, February, and April. The
committee shall be comprised of one representative from each bargaining
unit and up to 3 management representatives. Committee advisory
functions shall include, determination of coverage, preparation and
solicitation of bids, consultation with the CITY's broker, determination of
plan coverages, selection of carrier and coverage options. Meetings and
determinations shall be coordinated to facilitate inclusion in the collective
bargaining process.
ARTICLE 9
Dental
Effective July 5, 1986, the annual maximum benefit under the indemnity
dental plan will be increased from $750.00 to $1,000.00
ARTICLE 10
Holidays
89-90
Effective July 5, 1986, and thereafter, new employees hired by the Newport
Beach Fire Department will be entitled to take ten (10) paid holidays during
their first year. After the Fire Department employee has completed one year
of continuous employment, they will be entitled to one (1) additional paid
holiday, bringing the annual total holiday pay entitlement to eleven (11).
Employees will be eligible to receive holiday pay only after they have been in
active paid status for thirty (30) consecutive days. This reduction in eligibility
will NOT be greater than one (1) day.
ARTICLE 11
Sick Leave
Full-time, regular Fire Department employees hired on or after July 5, 1986,
will accrue sick leave in the following manner:
0 -1 year 6 hours
1- 2 years 7 hours
2 - 3 years 9 hours
3 ++ years 12 hours
Effective July 4, 1987, the eligibility definition for 'family sick leave' will be
changed from 'immediate family' to 'dependent'.
ARTICLE 12
Sick Leave Conversion
7
89-90
Effective July 4, 1987, employees who at the end of the calendar year have an
accrued level of sick leave equal to or greater than the full value of 40 months
of accrued sick leave, and who have used six or less days of sick leave during
the calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted to
paid vacation shall require the approval of the Department Director.
ARTICLE 13
Health Care Plans
Effective July 1, 1989, the CITY agrees to cap its contribution to employee
health care plans at $400.00 per month.
ARTICLE 14
The Retirement Benefit
The CITY will modify its contract with P.E.R.S. to allow for the best/highest
year calculation. The CITY will pay the total extra cost of the highest year
benefit for the first year and phase it into total comp. at the rate of 20% per
year until it is 100% included in the total comp. calculation. Employees who
elect to do so, will be allowed to pay their own P.E.R.S. contribution in their
last year of employment.
8
89-90
ARTICLE 15
Special Assignment Pay - Fire Prevention Bureau
Effective July 5, 1986, there will be a special allocation made within the
context of the J-1 economic offer which assigns an additional 5% to the base
income of two members of the Fire Prevention Bureau considered to be
permanently assigned to that duty. This provision applies only to Inspectors
James Upton and Al Haskell.
ARTICLE 16
Paid Leave
The CITY has offered to modify the current policies regarding sick and
vacation leave into a flexible paid leave policy. It shall be understood that the
NBFA will defer decision until next negotiation period, or earlier by common
agreement. Failure of the NBFA to respond to above date will indicate
current system will remain in place.
ARTICLE 17
Amortization of Pay
The CITY will establish an amortizing payroll system which will level the
payment of regularly scheduled work time into 26 equal installments.
ARTICLE 18
Hazardous Materials Response Team
89-90
Effective July 1, 1989, certified members of the hazardous materials response
team shall receive an assignment bonus of $100.00 per month. This
assignment bonus shall remain in force for the life if this agreement unless
the the Orange County Hazardous Materials J.P.A. requires its members to pay
a uniform assignment bonus to all Haz/Mat response team members, then
the CITY will pay the greater amount.
ARTICLE 19
Vacation Selection System
The CITY approves of the establishment of a pilot program modifying the
Fire Department's Vacation Selection System (VSS). The goal of the new VSS
is to gradually, through attrition, phase out mandatory scheduling for
vacation relief in favor of substitution by hired overtime. (Application to all
members could be done without attrition if agreed by the Fire Chief and the
NBFA) The rules governing VSS shall be developed by the Fire Chief's office
and authorized representatives of the NBFA and shall be subject to the
approval of the Fire Chief. The pilot VSS shall began within 30 days after
agreement has been reached on the governing rules. The program is subject
to cancellation, at any time, if it is determined by the Fire Chief to be a
contributing factor to reductions in departmental effectiveness or moral.
ARTICLE 20
Shift Hold -Over
Effective July 1, 1989, Section 602.7.3.3 of the CITY's personnel manual shall
be modified in the following manner:
10
I
89-90
CHANGE ", the employee shall receive a minimum of three (3) hours
compensation for the first and one (1) hour compensation for each hour
thereafter." TO , the employee shall be compensated at the rate of
one (1) hour's compensation for each hour worked, and will be compensated
at time and one half if the event causes the individual to exceed the 7K limit
for the F.L.S.A. workperiod.
ARTICLE 21
EMT Recertification
NBFA members shall be required to attend their regular departmentally
scheduled EMT recertification classes. If an NBFA member misses, or knows
he will miss, his regularly scheduled EMT recertification class, he must first
contact the Fire Chief's office and attempt to schedule himself into a make up
session. If a make up session is not available within the department's
program schedule, the NBFA member is responsible for seeking out and
attending the make up session on his own time.
ARTICLE 22
Physical Conditioning Equipment
The CITY will acquire 6 Lifecycles and 2 Lifesteps to be assigned to the fire
stations to assist fire personnel in maintaining their physical fitness
(equipment specifications to be developed by the NBFA). The CITY will also
budget $5000.00 per year for maintenance, repair, improvement and
replacement of this equipment.
11
89-90
ARTICLE 23
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected EMPLOYEES in
existence immediately prior to the effective date of this MOU shall remain
unchanged and in full force and effect during the entire term of this MOU
unless altered by mutual agreement of the parties hereto.
ARTICLE 24
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions agreed
upon by the parties. Therefore, for the life of this MOU, except for Article
VIII, neither party shall be compelled, and each party expressly waives its
rights to meet and confer with the other, concerning any issues within the
scope of representation, whether or not specifically conferred about prior to
the execution of this MOU, except by mutual agreement of the parties. No
representative of either party has 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.
ARTICLE 25
Duration
12
• •
89-90
The terms of this MOU are to remain in full force and effect and retroactive to
the 1st day of July, 1989, until the 29th day of June 1990, and thereafter, from
year-to-year, unless within the time frame and in the manner designated in
Section 13, Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon the other of its
desire to make changes in this MOU.
ARTICLE 26
Separability
Should any part of this MOU or any provision herein contained be rendered
or declared invalid, by reason of any existing or subsequently enacted
Legislation, or by decree of a Court of competent jurisdiction, such
invalidation of such part or portion of this MOU shall not invalidate the
remaining portion hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU relating to pay
schedule adjustment increases be dedared invalid, the CITY agrees to provide
alternative benefits agreeable to NBBFA, to EMPLOYEES, which will cause
such EMPLOYERS to receive the same amount of money as they would have
received had such provision not been declared invalid.
13
• •
Executed this day of
NEWPORT BEACH FIREFIGHTERS ASSOCIATIO_
by:
by:
by:
by:
CITY OF NEWPORT BEACH
by:
by:
by:
APP OVED AS TO FORM:
ity Attorney
By:
ATTEST:
, 1989
ichard Middlebrough
Duane K. unson
Mayor
I
FIRE
CLASSIFICATION
EXHIBIT "A"
CLASS
CODE
MONTHLY
SALARY RANGE
FIRE CAPTAIN 3-000 3257 - 3959
FIRE ENGINEER 3-005 2792 - 3393
FIRE PARAMEDIC 3-010 2869 - 3487
FIRE PARAMEDIC 3-011 2869 - 3487
FIRE TRAINING COORDINATOR 3-013 3298 - 4008
FIREFIGHTER 3-015 2520 - 3063
• •
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU" is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY" ) and authorized represen-
tatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION (hereinafter
referred to as the "NBFFA" a recognized employee organization,
met and\conferred, exchanging various proposals concerning wages,
hours, fringe benefits and other terms and conditions of employ-
ment of employees represented by NBFFA (hereinafter referred to
as "EMPLOYEES" for the 1988 - 89 Fiscal Year.
88-89
-2-
B. NBFFA representatives have reached an agreement as to
wages, hours and other terms and conditions of employment to
apply to all affected EMPLOYEES for the 1988 - 89 Fiscal Year.
Said EMPLOYEES desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the
parties hereto effective July 2, 1988, subject to approval by
the City Council of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 2, 1988, CITY and NBFFA agree that the salaries
for each classification will be set forth in the salary schedule
attached hereto as "Appendix A" .
88-89
• •
-3-
ARTICLE II
STD/LTD Plan Admendment
Effective July 1, 1984, the CITY amended the Short -Term
Disability/Long-Term Disability Plans so that whenever an employee
on a 56-hour week has maintained at least 480 hours (40-hour week
personnel 320 hours) of accrued sick leave benefits during a consecu-
tive two-year period and has earned the right to have the CITY pay
100% of the monthly premiums, the CITY shall pay 100% of the monthly
premium for the remainder of the individual's employment with the
Newport Beach Fire Deprtment, irrespective of how many hours of
accrued sick leave benefits the employee maintains. The consecu-
tive two-year period commenced July 1, 1982.
Fire Personnel on an average 56-hour work week who have
accrued between 320 and 480 hours of sick leave are grandfathered
at the 100% CITY -paid premium rate until such time the employee
accrues 480 hours of sick leave on July 1, 1985, whichever occurs
first. Personnel in this category falling below 320 hours shall
lose the grandfather benefit and will have to meet the criteria
of this article.
The Plan was further amended to reflect the following
accrual hours and percent payment of the monthly premium by the
CITY.
Changes effective July 5, 1986, are reflected in the
following chart:
• •
-4-
Accrue Sick Leave Accrued Sick Leave City pays %
40-hour work week 56-hour work week Monthly Prem.
Prior to After
7-5-86 7-5-86
20 days 20 days
(160 hours) (240 hours) 128 hours 50%
40 days 40 days
(320 hours) (480 hours) 208 hours 100%
Effective July 2, 1988, the ceiling on insured income under the
Short-term/Long-Term Plan will be increased to 57500 per month for
non -industrial claims. The maximum benefit will be up to 55000
per month. Disabilities resulting from industrial injuries will
be maintained at the current limited of 52625 per month, with a
maximum benefit of $1,750 per month.
ARTICLE III
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and NBFFA agreed to
re -open the contract for the purpose of meeting and conferring on
the issues of modifying the current Health Insurance Plan. The
City will allow the previously enrolled spouse of an employee to
continue to be covered under the Retiree Health Insurance Policy
offered by the CITY.
88-89
88-89
-5-
ARTICLE IV
Annual Physical Certification
Effective June 22, 1985, the City will provide a mandatory
annual physical evaluation for all sworn Fire Department personnel
who are 39 years of age, or younger, at the start of the Fiscal Year.
The City will recieve a 'fit' or 'not fit' for duty rating for each
participant in the program. If the program remains with Rancho
Santiago Community College, the City will pay for the blood work.
Employees who are 40 to 49 years of age at the start of the
fiscal year shall be required to submit to the above -referenced
stress test on a bi-annual basis. This evaluation will be joined
with a bi-annual physical examination, which will include cancer
screening. The stress test and the physical examination shall
take place in alternate years. Sworn Fire Department personnel over
50 years of age shall be required to submit to an annual physical
examination. They will not be required to participate in the
stress test.
The purpose of these physical evaluations is to annually
certify that all affected personnel meet or exceed the City's mini-
mum physical standards required to use breathing apparatus in the
performance of their duties. The cost of the physical evaluations
shall not be considered to be part of the total compensation for
the purpose of calculating J-1.
88-89
-6-
ARTICLE V
Bereavement Leave
Section 705.1 of the Personnel Resolution, Bereavement Leave,
shall read as follows:
"the necessary absence from duty by an employee having a
regular or probationary appointment, because of the death
or terminal illness in his or her immediate family."
ARTICLE VI
Court Standby Pay
Effective June 22, 1985, Court standby pay shall be increased
from one (1) hour paid for eight (8) hours of court standby time,
to four (4) hours of pay for eight (8) hours of standby time.
ARTICLE VII
Limited Vision Care Plan
Effective July 1, 1985, a Limited Vision Care Plan shall be
added to the City's Indemnity Health Insurance Plan.
ARTICLE VIII
Administration of Health Maintenance Organization Contracts
The NBFFA authorizes the CITY's Personnel Director to test the Health
Maintenance Organization (HMO) provider contracts against market bids,
and change providers as long as the following conditions have been
satisfied.
88-89
• •
-7-
1.) The new provider must have a service reputation equal to,
or better than the incumbent provider.
2.) The new provider must have as many or more facilities as
the incumbent provider.
3.) The new provider's bid must be at least 10% lower than
that of the incumbent provider.
4.) The incumbent provider will be advised of the bid status,
and allowed to submit a competitive bid at the same time as the
others.
ARTICLE IX
Dental
Effective July 5, 1986, the annual maximum benefit under the
indemnity dental plan will be increased from $750.00 to $1,000.00.
ARTICLE X
Holidays
Effective July 5, 1986, and thereafter, new employees hired
by the Newport Beach Fire Department will be entitled to take ten (10)
paid holidays during their first year. After the Fire Department
employee has completed one year of continuous employment, they will
be entitled to one (1) additional paid holiday, bringing the annual
total holiday pay entitlement to eleven (11).
Employees will be eligible to receive holiday pay only after
they have been in active paid status for thirty (30) consecutive
days. This reduction in eligibility will NOT be greater than one (1)
day.
88-89
-8-
ARTICLE XI
Sick Leave
Full-time, regular Fire Department employees hired on or after
July 5, 1986, will accrue sick leave in the following manner:
0 - 1 year
1 - 2 years
2 - 3 years
3 ++ years
6 hours
7 hours
9 hours
12 hours
Effective July 4, 1987, the eligibility definition for 'family
sick leave' will be changed from ' immediate family' to 'dependent.'
ARTICLE XII
Sick Leave Conversion
Effective July 4, 1987, employees who at the end of the calendar
year have an accrued level of sick leave equal to or greater than the
full value of 40 months of accrued sick leave, and who have used six
or less days of sick leave during the calendar year will be permitted
(only once per year) to convert up to six days of sick leave to either
salary or paid vacation at the value of 50% (maximum value of 3 days
per year). Eligible sick leave days converted to cash shall be at the
employee's option. Eligible sick leave days converted to paid vaca-
tion shall require the approval of the Department Director.
88-89
-9-
ARTICLE XIII
Dependent Medical Insurance Premium
Full-time, regular employees hired on or after July 5, 1986, who
choose to subscribe to dependent medical insurance will be required
to pay portions of the premium cost associated with the dependent
coverage in accordance with their time in service to the City. The
schedule is as follows:
Health coverage cost for new employees in the indemnity plan
will be as follows:
Employee plus 2: 1st year $120; 2nd year $80; 3rd year $40.
Employee plus 1: 1st year $ 60; 2nd year $40; 3rd year $20.
Employees enrolled in HMO'S will be charged:
Employee plus 2: 1st year $60; 2nd year $40; 3rd year $20.
Employee plus 1: 1st year $30; 2nd year $20; 3rd year $10.
Lateral Firefighters hired by the Newport Beach Fire Department
with previous firefighting service with another fire department
will receive a 50% service credit toward the payment of dependent
coverage.
88-89
-10-
1
ARTICLE XIV
Retirement Option
Effective July 4, 1987, employees may, at their option, elect to
declare their intent to retire 12 months prior to the effective date
of retirement.
Concurrent with this declaration, the employee may direct the
City to move the employee portion of the PERS contribution, currently
paid directly to PERS by the City, to the employee's gross pay and
deduct that amount from the pay check to be paid to PERS as is re-
quired by contract.
This action on the part of the employee would result in a higher
basis from which retirement benefits would be calculated as well as a
higher taxable income during their last year of employment.
ARTICLE XV
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of
this MOU shall remain unchanged and in full force and effect during
the entire term of this MOU unless altered by mutual agreement of
the parties hereto.
88-89
-11-
ARTICLE XVI
Special Assignment Pay - Fire Prevention Bureau
Effective July 5, 1986, there will be a special allocation made
within the context of the J-1 economic offer which assigns an addi-
tional 5% to the base income of two members of the Fire Prevention
Bureau considered to be permanently assigned to that duty. This
provision applies only to Inspectors James Upton and Al Haskell.
ARTICLE XVII
Paid Leave
The City agrees to meet with representatives of the Employee
Groups and a spokesperson for the non -represented employees to
discuss and conceptually formulate a proposal for a consistent
paid leave policy for the City.
ARTICLE XVIII
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, for the life of this MOU,
except for Article VIII, neither party shall be compelled, and each
party expressly waives its rights to meet and confer with the other,
concerning any issues within the scope of representation, whether or
not specifically conferred about prior to the execution of this MOU,
except by mutual agreement of the parties. No representative of
88-89
-12-
either party has 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.
ARTICLE XIX
Duration
The terms of this MOU are to remain in full force and effect
and retroactive to the 2nd day of July, 1988, until the 30th day
of June 1989, and thereafter, from year-to-year, unless within the
time frame and in the manner designated in Section 13, Timetable
for Submission of Requests of the Employer -Employee Relations Reso-
lution, either party serves written notice upon the other of its
desire to make changes in this MOU.
ARTICLE XX
Separability
Should any part of this MOU or any provision herein contained
be rendered or declared invalid, by reason of any existing or sub-
sequently enacted Legislation, or by decree of a Court of competent
jurisdiction, such invalidation of such part or portion of this MOU
shall not invalidate the remaining portion hereto, and same shall
remain in full force and effect; provided, however, that should the
provisions of this MOU relating to pay schedule adjustment increases be
declared invalid, the CITY agrees to provide alternative benefits
agreeable to NBBFA, to EMPLOYEES, which will cause such EMPLOYERS to
receive the same amount of money as they would have received had such
provision not been declared invalid.
88-89
•
-13-
Executed this 30th day ofsitclay1988.
E PORT BEACH FIREFIGHTERS ASSOCIATION
CITY O-NE4PORT BEACH
by
by
by
APPRO ' D AS TO FOR
By
or y
City of Newport Beach
anL R. Nun
•o,er
�i ;att.
9/,!
//
bY�� AAA. .//
ATTEST
er
40
//
EXHIBIT "A"
FIRE
CLASSIFICATION
FIRE CAPTAIN
FIRE ENGINEER
FIRE PARAMEDIC
FIRE PARAMEDIC
FIRE TRAINING COORDINATOR
FIREFIGHTER
CLASS
CODE
MONTHLY
SALARY RANGE
3-000 3128- 3802
3-005 2681- 3259
3-010 2755- 3349
3-011 2755- 3349
3-013 3167- 3850
3-015 2420- 2942
Pi
FIREFIGHTERS
NBFFA
Code 3
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized
representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION
(hereinafter referred to as "NBFFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFFA
(hereinafter referred to as "EMPLOYEES") for the 1976-1988 Fiscal
Year.
• i
-2-
B. NBFFA representatives have reached an agreement as to
wages, hours and other terms and conditions of employment to apply
to all affected EMPLOYEES for the 1987-1988 fiscal year. Said
EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOIL, to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOIL is made and entered into by the
parties hereto effective July 4,1987, subject to approval by the
City Council of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 4, 1987, CITY and NBFFA agree that the
salaries for each classification will be as set forth in the
salary schedule attached hereto as Appendix "A".
-3-
ARTICLE II
STD/LTD Plan Amendment
Effective July 1, 1984, the CITY amended the Short -Term
Disability -Long -Term Disability Plans so that whenever an
employee on a 66-hour work week has maintained at least 480 hours
(40-hour work week personnel 320 hours) of accrued sick leave
benefits during a consecutive two-year period and has earned the
right to have the CITY pay 100% of the monthly premiums, the CITY
shall pay 100% of the monthly premium for the remainder of the
individual's employment with the Newport Beach Fire Department,
irrespective of how many hours of accrued sick leave benefits the
employee maintains. The consecutive two-year period commenced
July 1, 1982.
Fire personnel on an average 56-hour work week who have
accrued between 320 and 480 hours of sick leave are grandfathered
at the 100% CITY -paid premium rate until such time the employee
accrues 480 hours of sick leave or July 1, 1985, whichever occurs
first. Personnel in this category falling below 320 hours shall
lose the grandfather benefit and will have to meet the criteria of
this article.
The Plan was further amended to reflect the following
accrual hours and percent payment of the monthly premium by the
CITY.
Changes effective July 5, 1986, are reflected in the
following chart:
-4-
Accrued Sick Leave Accrued Sick Leave City Pays %
40-hour work week 36-hour work week
Prior to After
7-5-86 7-5-86
Monthly premium
20 days 20 days
(160 hours) (240 hours) 128 hours 50%
40 days 40 days
(320 hours) (480 hours) 208 hours 100%
ARTICLE III
Retiree Health Insurance Plan
0n or about October 1, 1984, the CITY and Newport Beach
Firefighters' Association agreed to re -open the contract for the
purpose of meeting and conferring on the issues of modifying the
current Health Insurance Plan and providing a Retiree Health
Insurance Plan. The City will allow the previously enrolled
spouse of a retiree to continue to be covered under the Retiree
Health Insurance Policy offered by the City.
ARTICLE Iv
Annual Physical Certification
Effective June 22, 1985, the City will provide an annual
physical for all Fire Department personnel who might be required
to use breathing apparatus in the course of duty. The purpose of
the physical is to annually certify that all affected personnel
meet or exceed the City's minimum physical standards required to
use breathing apparatus in the performance of their duties. The
cost of the physical shall not be considered to be part of total
compensation for the purpose of calculating J-1.
-5-
ARTICLE V
Bereavement Leave
Section 705.1 of the Personnel Resolution, Bereavement Leave,
shall read as follows:
"The necessary absence from duty by an employee
having a regular or probationary appointment,
because of the death or terminal illness in his
or her immediate family."
ARTICLE VI
Court Stand -By Pay
Effective June 22, 1985, Court stand-by pay shall be
increased from one (1) hour paid for eight (8) hours of court
stand-by time, to four (4) hours of pay for eight (8) hours of
stand-by time.
ARTICLE VII
Limited Vision Care Plan
Effective July 1, 1985, a Limited Vision Care Plan shall be
added to the City's Indemnity Health Insurance Plan.
ARTICLE VIII
Administration of Health Maintenance Organization Contracts
The NBFPA authorizes the CITY'S Personnel Director to
test the Health Maintenance Organization (HMO) provider contracts
against market bids, and change providers as long as the
following conditions have been satisfied:
-6-
1). The new provider must have a service reputation
equal to, or better than the incumbent provider.
2). The new provider must have as many or more
facilities than the incumbent provider.
3). The new provider's bid must be at least 10% lower
than that of the incumbent provider.
4). The incumbent provider will be advised of the bid
status, and allowed to submit a competitive bid at the same time
as the others.
ARTICLE IX
Dental
Effective July 5, 1986, the annual maximum benefit under the
indemnity dental plan will be increased from $750.00 to $1,000.00.
ARTICLE X
Holidays
Effective July 5, 1986, and thereafter, new employees hired
by the Newport Beach Fire Department will be entitled to take ten (10)
paid holidays during their first year. After the Fire Department
employee has completed one year of continuous employment, they will be
entitled to one (1) additional paid holiday bringing the annual total
holiday pay entitlement to eleven (11).
Employees will be eligible to receive holiday pay only after they
have been in active paid status for thirty (30) consecutive days.
This reduction in eligibility will NOT be greater than one (1) day.
-7-
ARTICLE XI
Sick Leave
Full-time, regular Fire Department employees hired on or after
July 6, 1986, will accrue sick leave in the following manner:
0- 1year
1 - 2 years
2 - 3 years
3 ++ years
6 hour
7 hours
9 hours
12 hours
Effective July 4, 1987, the eligibility definition for 'family sick
leave' will be changed from 'immediate family' to 'dependant'.
ARTICLE XII
Sick Leave Conversion
Effective July 4, 1987, employees who at the end of the calendar
year have an accrued level of sick leave equal to or greater than the
full value of 40 months of accrued sick leave, and who have used six
or less days of sick leave during the calendar year will be permitted
(only once per year) to convert up to six days of sick leave to either
salary or paid vacation at the value of 60% (maximum value of 3 days
per year). Eligible sick leave days converted to cash shall be at the
employee's option. Eligible sick leave days converted to paid vacation
shall require the approval of the Department Director.
-8-
ARTICLE %III
Dependent Medical Insurance Premiums
Full-time, regular employees hired on or after July 5, 1986, who
choose to subscribe to dependent medical insurance will be required to
pay portions of the premium cost associated with the dependent
coverage in accordance with their time in service to the City. The
schedule is as follows:
lst year employee pays 100%
End year employee pays 66%
3rd year employee pays 33%
4th year, plus - the employee will receive the same
dependent health benefit percentage covered
by the City as all full-time, regular
employees hired before 7/5/86.
Lateral Firefighters hired by the Newport Beach Fire Department
with previous firefighting service with another fire department will
receive a 50% service credit toward the payment of dependent coverage.
-9-
ARTICLE XIV
Retirement Option
Effective July 4, 1987, employees may, at their option, elect to
declare their intent to retire 12 months prior to the effective date
of retirement.
Concurrent with this declaration, the employee may direct the
City to move the employee portion of the PERS contribution, currently
paid directly to PERS by the City, to the employee's gross pay and
deduct that amount from the pay check to be paid to PERS as is
required by contract.
This action on the part of the employee would result in a higher
basis from which retirement benefits would be calculated as well as a
higher taxable income during their last year of employment.
ARTICLE XV
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of
this MOU shall remain unchanged and in full force and effect
during the entire term of this MOO unless altered by mutual
agreement of the parties hereto.
-10-
ARTICLE XVI
Special Assignment Pay - Fire Prevention Bureau
Effective July 5, 1986, there will be a special allocation
made within the context of the J-1 economic offer which assigns an
additional 5% to the base income of the two members of the Fire
Prevention Bureau considered to be permanently assigned to that duty.
This provision applies only to Inspectors James Upton and Al Haskel.
ARTICLE XVII
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the life of
this MOU, except for Article VIII, neither party shall be
compelled, and each party expressly waives its rights to meet and
confer with the other, concerning any issues within the scope of
representation, whether or not specifically met and conferred
about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has
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.
-11-
ARTICLE XVI
Duration
The terms of this MOU are to remain in full force and effect
and retroactive to the 4th day of July, 1987, until the 1st day
of July, 1988, and, thereafter, from year-to-year, unless within
the time frame and in the manner designated in Section 13,
Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon the
other of its desire to make changes in this MOU.
ARTICLE XIX
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part or
portion of this MOU shall not invalidate the remaining portion
hereto, and same shall remain in full force and effect; provided,
however, that should the provisions of this MOU relating to pay
schedule adjustment increases be declared invalid, CITY agrees to
provid alternative benefits agreeable to NBFFA, to EMPLOYEES,
which will cause such EMPLOYERS to receive the same amount of
money as they would have received had such provision not been
declared invalid.
•
-12-
Executed this314:day of
City Attorney
City of Newport Beach
,1987
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Donald Bradbury
By
By
III
EXHIBIT "A" S
FIRE.
CLASS MONTHLY
CLASSIFICATION CODE SALARY RANGE
FIRE CAPTAIN 3-000 2973-3613
FIRE ENGINEER 3-005 2548-3097
FIRE PARAMEDIC 3-010 2618-3182
FIRE PARAMEDIC 3-011 2618-3182
FIREFIGHTER 3-015 2300-2795
Ile
• •
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized
representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION
(hereinafter referred to as "NBFFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFFA
(hereinafter referred to as "EMPLOYEES") for the 1986-1987 Fiscal
Year.
-2-
B. NBFFA representatives have reached an agreement as to
wages, hours and other terms and conditions of employment to apply
to all affected EMPLOYEES for the 1986-1987 fiscal year. Said
EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the
parties hereto effective July 5,1986, subject to approval by the
City Council of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 5, 1986, CITY and NBFFA agree that the
salaries for each classification will be as set forth in the
salary schedule attached hereto as Appendix "A".
• -3- •
ARTICLE II
STD/LTD Plan Amendment
Effective July 1, 1984, the CITY amended the Short -Term
Disability -Long -Term Disability Plans so that whenever an
employee on a 56-hour work week has maintained at least 480 hours
(40-hour work week personnel 320 hours) of accrued sick leave
benefits during a consecutive two-year period and has earned the
right to have the CITY pay 100% of the monthly premiums, the CITY
shall pay 100% of the monthly premium for the remainder of the
individual's employment with the Newport Beach Fire Department,
irrespective of how many hours of accrued sick leave benefits the
employee maintains. The consecutive two-year period commenced
July 1, 1982.
Fire personnel on an average 56-hour work week who have
accrued between 320 and 480 hours of sick leave are grandfathered
at the 100% CITY -paid premium rate until such time the employee
accrues 480 hours of sick leave or July 1, 1985, whichever occurs
first. Personnel in this category falling below 320 hours shall
lose the grandfather benefit and will have to meet the criteria of
this article.
The Plan was further amended to reflect the following
accrual hours and percent payment of the monthly premium by the
CITY.
Changes effective July 5, 1986, are reflected in the
following chart:
• -4- •
Accrued Sick Leave Accrued Sick Leave City Pays %
40-hour work week
20 days
(160 hours)
40 days
(320 hours)
56-hour work week Monthly premium
Prior to After
7-5-86 7-5-86
20 days
(240 hours)
40 days
(480 hours)
ARTICLE III
128 hours
208 hours
Retiree Health Insurance Plan
50%
100%
On or about October 1, 1984, the CITY and Newport Beach
Firefighters' Association agreed to re -open the contract for the
purpose of meeting and conferring on the issues of modifying the
current Health Insurance Plan and providing a Retiree Health
Insurance Plan. The City will allow the previously enrolled
spouse of a retiree to continue to be covered under the Retiree
Health Insurance Policy offered by the City.
ARTICLE IV
Annual Physical Certification
Effective June 22, 1985, the City will provide an annual
physical for all Fire Department personnel who might be required
to use breathing apparatus in the course of duty. The purpose of
the physical is to annually certify that all affected personnel
meet or exceed the City's minimum physical standards required to
use breathing apparatus in the performance of their duties. The
cost of the physical shall not be considered to be part of total
compensation for the purpose of calculating J-1.
-5-
ARTICLE V
Bereavement Leave
Section 705.1 of the Personnel Resolution, Bereavement Leave,
shall read as follows:
"The necessary absence from duty by an employee
having a regular or probationary appointment,
because of the death or terminal illness in his
or her immediate family."
ARTICLE VI
Court Stand -By Pay
Effective June 22, 1985, Court stand-by pay shall be
increased from one (1) hour paid for eight (8) hours of court
stand-by time, to four (4) hours of pay for eight (8) hours of
stand-by time.
ARTICLE VII
Limited Vision Care Plan
Effective July 1, 1985, a Limited Vision Care Plan shall be
added to the City's Indemnity Health Insurance Plan.
ARTICLE VIII
Administration of Health Maintenance Organization Contracts
The NBFFA authorizes the CITY'S Personnel Director to
test the Health Maintenance Organization (HMO) provider contracts
against market bids, and change providers as long as the
following conditions have been satisfied:
-6-
1). The new provider must have a service reputation
equal to, or better than the incumbent provider.
2). The new provider must have as many or more
facilities than the incumbent provider.
3). The new provider's bid must be at least 10% lower
than that of the incumbent provider.
4). The incumbent provider will be advised of the bid
status, and allowed to submit a competitive bid at the same time
as the others.
ARTICLE IX
Dental
Effective July 5, 1986, the annual maximum benefit under the
indemnity dental plan will be increased from $750.00 to
$1,000.00.
ARTICLE X
Holidays
Effective July 5, 1986, and thereafter, new employees hired
by the Newport Beach Fire Department will be entitled to take ten (10)
paid holidays during their first year. After the Fire Department
employee has completed one year of continuous employment, they will be
entitled to one (1) additional paid holiday bringing the annual total
holiday pay entitlement to eleven (11).
-7-
ARTICLE XI
Sick Leave
Full-time, regular Fire Department employees hired on or after
July 5, 1986, will accrue sick leave in the following manner:
0 - 1 year 6 hours
1 - 2 years 7 hours
2 - 3 years 9 hours
3 ++ years 12 hours
ARTICLE XII
Dependent Medical Insurance Premiums
Full-time, regular employees hired on or after July 5, 1986, who
choose to subscribe to dependent medical insurance will be required to
pay portions of the premium cost associated with the dependent
coverage in accordance with their time in service to the City. The
schedule is as follows:
1st year employee pays 100%
2nd year employee pays 66%
3rd year employee pays 33%
4th year - plus - the employee will receive the same
dependent health benefit percentage covered by the City as all full-
time, regular employees hired before 7/5/86.
Lateral Firefighters hired by the Newport Beach Fire Department
with previous firefighting service with another fire department will re-
ceive a 5% service credit toward the payment of dependent coverage.
• -8- •
ARTICLE %III
Other Terms and Conditions of Employment
A11 other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of
this MOU shall remain unchanged and in full force and effect
during the entire term of this MOU unless altered by mutual
agreement of the parties hereto.
ARTICLE XIV
Special Assignment Pay - Fire Prevention Bureau
Effective July 5, 1986, there will be a special allocation
made within the context of the J-1 economic offer which assigns an
additional 5% to the base income of the two members of the Fire
Prevention Bureau considered to be permanently assigned to that duty.
This provision applies only to Inspectors James Upton and Al Raskel.
ARTICLE XV
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the life of
this MOU, except for Article VIII, neither party shall be
compelled, and each party expressly waives its rights to meet and
• -9- •
confer with the other, concerning any issues within the scope of
representation, whether or not specifically met and conferred
about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has
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.
ARTICLE XVI
Duration
The terms of this MOU are to remain in full force and effect
and retroactive to the 5th day of July, 1986, until the 3rd day
of July, 1987, and, thereafter, from year-to-year, unless within
the time frame and in the manner designated in Section 13,
Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon the
other of its desire to make changes in this MOU.
ARTICLE XVII
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part or
110
Executed this J3 day of f,1986
APP R0. ED AS TO FORM:
By
obert H. Burn am
City Attorney
City of Newport Beach
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Ran.. So eerer
CITY OF NEWPORT BEACH
By
By
By
Duane M son
Jbhn e'',
on
• EXHIBIT "A" •
FIRE
CLASSIFICATION
FIRE CAPTAIN
FIRE ENGINEER
FIRE PARAMEEIC
FIRE PAPAMECIC
FIREFIGHTER
CLASS
CODE
MONTHLY
SALARY RANGE
3-000 2848-3461
3-035 2441-2967
3-010 2508-3048
3-011 2508-3048
3-015 2203-2678
11
• •
c - ao6o
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MDU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as the "CITY") and authorized
representatives of the NEWPORT BEACH FIREFIGHTERS ASSOCIATION
(hereinafter referred to as "NBFFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFFA
(hereinafter referred to as "EMPLOYEES") for the 1985-1986 Fiscal
Year.
-2-
B. NBFFA representatives have reached an agreement as to
wages, hours and other terms and conditions of employment to apply
to all affected EMPLOYEES for the 1985-1986 fiscal year. Said
EMPLOYEES desire to reduce their agreement to writing, and to
present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the
parties hereto effective June 22, 1985, subject to approval by the
City Council of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective June 22, 1985, CITY and NBFFA agree that the
salaries for each classification will be as set forth in the
salary schedule attached hereto as Appendix "A".
-3-
ARTICLE II
STD/LTD Plan Amendment
Effective July 1, 1984, the CITY amended the Short -Term
Disability -Long -Term Disability Plans so that whenever an
employee on a 56-hour work week has maintained at least 480 hours
(40-hour work week personnel 320 hours) of accrued sick leave
benefits during a consecutive two-year period and has earned the
right to have the CITY pay 100% of the monthly premiums, the CITY
shall pay 1000 of the monthly premium for the remainder of the
individual's employment with the Newport Beach Fire Department,
irrespective of how many hours of accrued sick leave benefits the
employee maintains. The consecutive two-year period commenced
July 1, 1982.
Fire personnel on an average 56-hour work week who have
accrued between 320 and 480 hours of sick leave are grandfathered
at the 100% CITY -paid premium rate until such time the employee
accrues 480 hours of sick leave or July 1, 1985, whichever occurs
first. Personnel in this category falling below 320 hours shall
lose the grandfather benefit and will have to meet the criteria of
this article.
The Plan was further amended to reflect the following
accrual hours and percent payment of the monthly premium by the
CITY.
Accrued Sick Leave
40-hour work week
20 days
(160 hours)
40 days
(320 hours)
-4-
Accrued Sick Leave City Pays %
56-hour work week Monthly premium
20 days 50%
(240 hours)
40 days 100E
(4R0 hours)
ARTICLE III
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and Newport Reach
Firefighters' Association agreed to re -open the contract
for the
purpose of meeting and conferring on the issues of modifying the
current Health Insurance Plan and providing a Retiree Health
Insurance Plan.
ARTICLF TV
Annual Physical Certification
Effective June 22, 1985, the City will provide an annual
physical for all Fire Department personnel who might be required
to use breathing apparatus in the course of duty. The purpose of
the physical is to annually certify that all affected personnel
meet or exceed the City's minimum physical standards required to
use breathing apparatus in the performance of their duties. The
cost of the physical shall not be considered to be part of total
compensation for the purpose of calculating J-1.
ARTICLE V
Bereavement Leave
Section 705.1 of the Personnel Resolution, Bereavement Leave,
shall read as follows:
"The necessary absence from duty by an employee
having a regular or probationary appointment,
because of the death or terminal illness in his
or her immediate family."
ARTICLE VI
Court Stand -By Pay
Effective June 22, 1985, Court stand-by pay shall be
increased from one (1) hour paid for eight (8) hours of court
stand-by time, to four (4) hours of pay for eight (8) hours of
stand-by time.
ARTICLE VII
Limited Vision Care Plan
Effective July 1, 1985, a Limited Vision Care Plan shall be
added to the City's Indemnity Health Insurance Plan.
ARTICLE VIII
Compliance With The Fair Labor Standards Act
Negotiations will be re -opened upon implementation of the
Fair Labor Standards Act, concerning the method of paying wages
and hours.
-6-
ARTICLE IX
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of
this MOU shall remain unchanged and in full force and effect
during the entire term of this MOU unless altered by mutual
agreement of the parties hereto.
ARTICLE X
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the life of
this MOU, except for Article VIII, neither party shall be
compelled, and each party expressly waives its rights to meet and
confer with the other, concerning any issues within the scope of
representation, whether or not specifically met and conferred
about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has
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.
-7-
ARTICLE XI
Duration
The terms of this MOU are to remain in full force and effect
and retroactive to the 22nd day of June, 1985, until the 4th day
of July, 1986, and,
thereafter, from year-to-year, unless within
the time frame and in the manner designated in Section 13,
Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon the
other of its desire to make changes in this MOU.
ARTICLE XII
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part or
portion of this MOU shall not invalidate the remaining portion
hereto, and same shall remain in full force and effect, provided,
however, that should the provisions of this MOU relating to pay
schedule adjustment increases be declared invalid, CITY agrees to
provid alternative benefits agreeable to NBFFA, to EMPLOYEES,
which will cause such EMPLOYERS to receive the same amount of
money as they would have received had such provision not been
declared invalid.
-8-
Executed this .25th day of July ,1985
APPR,.r O AS TO FORM:
By
obert urnham
City Attorney
City of Newport Beach
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By
By
By
James Upton
Anthony de evis
Lif'l
Donald radbury.11
Randolph Scheerer
CITY OF NEWPORT BEACH
By
By
• •
FIRE
CLASSIFICATION
FIRE CAPTAIN
FIRE ENGINEER
FIRE PARAMECIC
FIREFIGHTER
APPENDIX "A"
CLASS
CODE
MONTHLY
SALARY RANGE
3-000 2591-3150
3-005 2221-270C
3-010 2282-2774
3-015 2005-2437
•
Newport Beach
Firefighters
P\ssociation,inc.
June 14, 1985
APPENDIX - B
It shall be understood by all concerned that the Newport Beach
Firefighter's Association does not agree with the manner in
which the "J-1" policy is being applied and still requests that
the City Council meet and confer with us on this issue.
PTON, President
N.B. .A.
P.O. Box 1695 Newport Beach,CA.92663
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred
to as "MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT
BEACH (hereinafter referred to as "CITY") and authorized repre-
sentatives of the NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
(hereinafter referred to as "NBFFA") a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFFA
(hereinafter referred to as "EMPLOYEES") for the 1984-85 fiscal
year.
B. NBFFA representatives have reached an agreement
as to wages, hours and other terms and conditions of employment
to apply to all affected EMPLOYEES for the 1984-85 fiscal year.
Said EMPLOYEES desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by
the parties hereto effective June 23, 1984, subject to approval
by the City Council of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective June 23, 1984, CITY and NBFFA agree that
the salaries for each classification will be as set forth in
the salary schedule attached hereto as Appendix
"A".
ARTICLE II
STD/LTD Plan Amendment
Effective July 1, 1984, the CITY shall amend the Short -
Term Disability - Long -Term Disability Plans so that whenever an
employee
(40-hour
benefits
right to
on a 56-hour work week has maintained at least 480 hours
work week personnel 320 hours) of accrued sick leave
during a consecutive two-year period and has earned the
have the CITY pay 100% of the monthly premiums, the CITY
shall pay 100% of the monthly premium for the remainder of the
individual's employment with the Newport Beach Fire Department,
irrespective of how many hours of accrued sick leave benefits the
employee maintains. The consecutive two-year period commenced
July 1, 1982.
Fire personnel on an average 56-hour work week who have
accrued between 320 and 480 hours of sick leave are grandfathered
at the 100% CITY -paid premium rate until such time the employee
accrues 480 hours of sick leave or July 1, 1985 whichever occurs
first. Personnel in this category falling below 320 hours shall
lose the grandfather benefit and will have to meet the criteria
of this article.
The Plan shall be further amended to reflect the
following accrual hours and percent payment of the monthly premium
by the CITY:
Accrued Sick Leave
40-hour work week
20 days
(160 hours)
40 days
(320 hours)
Accrued Sick Leave City pays %
56-hour work week Monthly premium
20 days 50%
(240 hours)
3
40 days 100%
(480 hours)
ARTICLE III
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and Newport
Beach Firefighters' Association agree to re -open the contract
for the purpose of meeting and conferring on the issues of
modifying the current Health Insurance Plan and providing a
Retiree Health Insurance Plan. The parties agree to limit the
re -opener to these items and to those items which may be affected
should agreement be reached.
ARTICLE IV
Other Terms and Conditions of Employment
All other terms and conditions of employment of all
affected EMPLOYEES in existence immediately prior to the ef-
fective date of this MOU shall remain unchanged and in full
force and effect during the entire term of this MOU unless
altered by mutual agreement of the parties hereto.
4
ARTICLE V
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the life
of this MOU, except for Article III, neither party shall be
compelled, and each party expressly waives its rights to meet
and confer with the other, concerning any issues within the scope
of representation, whether or not specifically met and conferred
about prior to the execution of this MOU, except by mutual agree-
ment of the parties. No representative of either party has
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.
ARTICLE VI
Duration
The terms of this MOU are to remain in full force and
effect and retroactive to the 23rd day of June, 1984, until the
21st day of June, 1985, and, thereafter, from year-to-year, unless
within the time frame and in the manner designated in Section 13,
Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon the
other of its desire to make changes in this MOU.
5
• •
ARTICLE VII
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of
a Court of competent jurisdiction, such invalidation of such
part or portion of this MOU shall not invalidate the remaining
portion hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU re-
lating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternative benefits agreeable to NBFFA,
to EMPLOYEES, which will cause such EMPLOYEES to receive the
same amount of money as they would have received had such pro-
vision not been declared invalid.
Executed this /0 day of
APPROVED AS TO FORM:
By
Robert H. Burnham
City Attorney
City of Newport Beach
1984.
NEWPORT BEACH FIRE FIGHTERS' ASSOCIATION
By
NBFFA Representative
CITY OF NEWPORT BEACH
By
Lorenzo Mofa
Personnel Director
City Respresentative
yJ
John Burkhart
Assistant to Finance Director
City Representative
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred
to as "MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT
BEACH (hereinafter referred to as "CITY") and authorized
representatives of the NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
(hereinafter referred to as "NBFFA") a recognized employee organ-
ization, met and conferred, exchanging various proposals concern-
ing wages, hours, fringe benefits and other terms and conditions
of employment of employees represented by NBFFA (hereinafter
referred to as "EMPLOYEES") for the 1983-84 fiscal year.
• •
B. NBFFA representatives have reached an agreement as
to wages, hours and other terms and conditions of employment to
apply to all affected EMPLOYEES for the 1983-84 fiscal year.
Said EMPLOYEES desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
by the
approval
follows:
NOW, THEREFORE, this MOU is made and entered into
parties hereto effective June 25, 1983, subject to
by the City Council of the City of Newport Beach, as
ARTICLE I
Salaries and Wages
Effective June 25, 1983, CITY and NBFFA agree that
the salaries for each classification will be as set forth
salary schedule attached hereto as Appendix "A".
2
in the
ARTICLE II
PERS Pickup
Effective June 25, 1983, CITY shall pay each
Employees' "Safety Member" contribution to the Public Employees
Retirement System (PERS), not to exceed Nine Percent (9.0%) of
the compensation base upon which retirement contributions are
calculated.. NBFFA acknowledges that CITY is paying this
increased percentage of the PERS contribution rate, pursuant to a
specific request of NBFFA to so do, and that payment of this
increased percentage of the PERS contribution rate will result in
greater benefits to members than a corresponding salary
increase. Said retirement pickup shall be credited to the
employees' individual accounts with PERS.
ARTICLE III
Scholastic Achievement Plan
Effective July 1, 1983, CITY shall amend Schedule of
Payments provision for the NBFFA Scholastic Achievement Plan, as
follows:
3
Years
Of Total College Total Job Compensation
Service Semester Units Related Units Per Month
2 30 18 $30.00
3 30 18 $30.00
3 60 27 $60.00
3 90 36 $90.00
4 30 18 $30.00
4 60 27 $60.00
4 90 36 $90.00
4 120 45 $120.00
ARTICLE IV
Other Terms and Conditions of Employment
All other terms and conditions of employment of all
affected EMPLOYEES in existence immediately prior to the effec-
tive date of this MOU shall remain unchanged and in full force
and effect during the entire term of this MOU unless altered by
mutual agreement of the parties hereto.
4
ARTICLE V
Conclusiveness of Memorandum I
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, for the life
of this MOU, neither
expressly waives its
concerning any issues
party
rights
within
or not specifically met and
shall be compelled, and each party
to meet and confer with the other,
the scope of representation, whether
conferred about prior to the execu-
tion of this MOU, except by mutual agreement of the parties. No
representative of either party has 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.
ARTICLE VI
Duration
The terms of this MOU are to remain in full force and
effect from the 25th day of June, 1983, until the 22nd day of
June, 1984, and, thereafter, from year-to-year, unless within the
time frame and in the manner designated in Section 13, Timetable
for Submission of Requests of the Employer -Employee Relations
Resolution, either party serves written notice upon the other of
its desire to make changes in this MOU.
ARTICLE VII
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part
or portion of this MOU shall not invalidate the remaining portion
hereto, and same shall remain in full force and effect; provid-
ed, however, that should the provisions of this MOU relating to
pay schedule adjustment increases be declared invalid, City
agrees to provide alternative benefits agreeable to NBFFA, to
EMPLOYEES, which will cause such EMPLOYEES to receive the same
amount of money as they would have received had such provision
not been declared invalid.
6
• •
Executed this 1;2,{ St day of
NEWPORT BEACH FIRE FIGHTERS
ASSOCIATION
By
By
CITY OF NEWPORT BEACH
By 1 ti v
Lorenzo MoK�f
Personnel Director
City representative
IAA epresentative
NBFFA Representative
By:
J n Burkhart
A sistant to Finance Director
City Representative
APPROVED AS TO FORM:
Robert H. Burn am
City Attorney
City of Newport Beach
AGP/MOU2
, 1983.
• •
FIREFIGHTER APPENDIX "A"
Approximate
Classification Salary Range Monthly Salary
Fire Captain 61.021-65.021 $2319 - 2818
Fire Engineer 58.013-62.013 1987 - 2416
Fire Paramedic 58.041-62.041 2042 - 2482
Firefighter 56.008-60.008 1794 - 2180
8
6/25/83
• •
C - 20(oo
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
THIS MEMORANDUM OF UNDERSTANDING is entered into with
reference to the following:
A. Authorized representatives of the City of Newport
Beach (hereinafter referred to as "City") and authorized
representatives of the Newport Beach Fire Fighters Association
(hereinafter referred to as "NBFFA"), a recognized employee
organization, met and conferred, exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
condition of employment of employees represented by NBFFA (here-
inafter referred to as the "affected employees") for the 1982-83
fiscal year.
B. These representatives have reached an agreement as
to the wages, hours, and other terms and conditions of employment
to apply to all affected employees for the 1982-83 fiscal year.
These representatives desire to reduce their agreement to writing
and to present such agreement, in the form of the Memorandum of
Understanding, to the City Council of the City of Newport Beach
for Approval.
NOW, THEREFORE, this Memorandum of Understanding is made
and entered into by the parties hereto , effective July 1, 1982,
subject to ratification by the membership of the association and
subject to approval of the City Council of the City of Newport
Beach.
ARTICLE I
SALARIES AND WAGES
Effective July 1, 1982, City and NBFFA agree that the
salaries in each classification will be increased, and that the
salaries of each classifcation will be as set forth in the salary
schedule attached as Appendix"A".
2
ARTICLE II
FAMILY SICK LEAVE
Effective July 1, 1982, the City agrees to amend the
provisions of the sick leave program currently applicable to
affected employees to provide authorization to use four (4)
twelve (12) hour days of accrued sick leave per calendar year for
an illness of a spouse, son or daughter which requires the pre-
sence of the employee.
ARTICLE III
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
All other terms and conditions of employment of all
affected employees in existance immediately prior to the effec-
tive date of this MOU shall remain unchanged and in full force
and effect during the entire term of this MOU unless altered by
mutual agreement of the parties hereto.
ARTICLE IV
CONCLUSIVNESS OF MEMORANDUM
This Memorandum contains all the covenants, stipula-
tions, and provisions agreed upon by the parties. Therefore, for
the life of this Memorandum, neither party shall be compelled,
and each party expressly waives its rights, to meet and confer
with the other concerning any issues within the scope of
representation, whether or not specifically met and conferred
about prior to the execution of this Memorandum, except by mutual
agreement of the parties. No representative of either party has
authority to make and none of the parties shall be bound by any
statement, representation, or agreement reached prior to the
execution of this Memorandum and not set forth herein.
ARTICLE V
DURATION
The terms of this Memorandum are to remain in full force
and retroactive to July 1, 1982 until the 24th day of June, 1983,
and thereafter from year to year unless within the time frame and
in the manner designated in Section 13, Timetable for Submission
of Requests, of the Employer -Employee Relations Resolution,
4
either party serves written notice upon the other party of its
desire to make changes in this Memorandum.
ARTICLE VI
SEPARABILITY
Should many part of the Memorandum of Understanding or
any provisions herein contained be rendered or declared invalid
by reason of any existing or subsequently enacted legislation or
by decree of a court of competent jurisdiction, such invalidation
of such part or portion of the Memorandum of Understanding shall
not invalidate the remaining portion hereof, and they shall re-
main in full force and effect; provided, however, that should the
provisions of this Memorandum relating to pay schedule adjustment
increases be declared invalid, NEWPORT BEACH agrees to provide
alternative benefits agreeable to NBFFA to the affected employees
which will cause such employees to receive the same amount of
money as they would have received had such provision not been
declared invalid.
5
Executed this __day of all, 1982.
CITY OF NEWPORT BEACH
By LSRENZO 1 OTA
Personnel D
Cj.ty' Repr
ORGE P PAS
Finance ector
City Representative
APPROVED AS TO FORM:
Michael H. Mi ler
City Attorney
NEWPORT BEACH FIRE
FIGHTERS ASSOCIATION
By;
By.. j�
Represents ive �
By
Representative
,
FIREFIGHTER ASSOC. APPENDIX "A"
Classification
Fire Captain
Fire Engineer
Fire Paramedic
Firefighter
Salary Range
60.049-64.049
57.041-61.041
58.019-62.019
55.036-59.036
Approximate
Monthly Salary
$2269 - $2758
1945 - 2364
1999 - 2430
1756 - 2134
7/1/82
• •
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
This Memorandum of Understanding (hereinafter referred
to as "MOU") is entered into with reference to the following:
A. Authorized representatives of the City of Newport
Beach (hereinafter referred to as "CITY") and authorized
representatives of the Newport Beach Fire Fighters Association
(hereinafter referred to as "NBFFA"), a recognized employee
organization, met and conferred exchanging various proposals
concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBFFA (here-
inafter referred to as "EMPLOYEES") for the 1981-82 fiscal year.
B. NBFFA representatives have reached an agreement as
to wages, hours and other terms and conditions of employment to
apply to all affected employees for the 1981-82 fiscal year.
Said employees desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
q31
NOW, THEREFORE, this MOU is made and entered into,
effective July 1, 1981, upon approval by the City Council of the
City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 1, 1981, City and NBFFA agree that
the salaries in each classification will be increased and that
the salaries for each classification will be as set forth in the
salary schedule attached hereto as Appendix "A".
ARTICLE II
PERS Pickup
Effective July 1, 1981, City shall pay one-half of
each employees' "safety member" contribution to the Public
Employees' Retirement System (PERS). NBFFA acknowledges that
City is paying this increased percentage of the PERS contribution
rate, pursuant to a specific request of NBFFA to so do, and that
payment of this increased percentage of the PERS contribution
rate will result in greater benefits to members than a
corresponding salary increase.
ARTICLE III
Health Insurance
City agrees to increase the Prudential Health
Insurance Major Medical coverage from Two Hundred Fifty Thousand
Dollars ($250,000.00) to an unlimited amount. City also agrees
to conduct a study to determine the feasibility of contracting
with PERS for health insurance coverage for all active and/or
retired City employees and their dependants and to advise NBFFA
of the results of the study.
ARTICLE IV
Tillerman Assignment Bonus
Effective July 1, 1981, City agrees to pay a five
percent (5%) salary bonus to firefighters assigned to work a full
twenty-four (24) hour shift as Tillerman.
ARTICLE V
Other Terms and Conditions of Employment
All other terms and conditions of employment of all
employees in existence immediately prior to the effective date of
this MOU shall remain unchanged and in full force and effect
during the entire term of this MOU, unless altered by mutual
agreement of the parties hereto.
ARTICLE VI
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations
and provisions agreed upon by the parties. Therefore, for the
life of this MOU, neither party shall be compelled, and each
party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this Memorandum, except by mutual agreement of the
parties. No representative of either party has 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.
• •
ARTICLE VII
Duration
The terms of this MOU are to remain in full force
and effect from the 1st day of July, 1981 until the 30th day of
June, 1982, and, thereafter, from year-to-year, unless within the
timeframe and in the manner designated in Section 13, Timetable
for Submission of Requests of the Employer -Employee Relations
Resolution, either party serves written notice upon the other of
its desire to make changes in this MOU.
ARTICLE VIII
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part
or portion of this MOU shall not invalidate the remaining portion
hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU
relating to pay schedule adjustment increases be declared
invalid, City agrees to provide alternative benefits agreeable to
NBFFA, to employees, which will cause such employees to receive
the same amount of money as they would have received had such
provision not been declared invalid.
•
Executed this 14th day of
CITY OF NEWPORT BEACH
By ��mPM/
Lorenzo Mo
Personnel Director
City Representative
G-orge •pas
Finance ' rector
City Representative
APPROVED AS TO FORM:
obert H. tdrnE m
Assistant City Attorney
July
, 1981.
NEWPORT BEACH FIRE FIGHTERS
ASSOrCCIATION
By
Randy Sc eerer
NBFFA Re resentative
Jack Hamilton
NBFFA Representative
By
By
Pe
Y
NBFFA epresentative
Brian Slater
NBFFA Representative
Tony De eves
NBFFA Representative
APPENDIX "A"
Approx. Mo.
Classification Salary Range Salary
Fire Captain 59.029-63.029 $2120-2576
Fire Engineer 56.021-60.021 $1817-2208
Fire Paramedic 56.049-60.049 $1867-2269
Firefighter 54.016-58.016 $1640-1993
•
. 072280-A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF NEWPORT BEACH
AND
NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
This Memorandum of Understanding is entered into
with reference to the following:
A. Authorized representatives of the City of
Newport Beach (hereinafter referred to as "NEWPORT BEACH")
and authorized representatives of the Newport Beach Fire
Fighters Association (hereinafter referred to as "NBFFA"),
a recognized employee organization, met and conferred,
exchanging various proposals concerning wages, hours, fringe
benefits, and other terms and conditions of employment of
employees represented by NBFFA (hereinafter referred to as
the "affected employees") for the 1980-81 Fiscal Year.
B. These representatives have reached an agreement
as to the wages, hours, and other terms and conditions of
employment to apply to all affected employees for the 1980-81
Fiscal Year. They desire to reduce their agreement to writing
and to present such agreement in the form of this Memorandum
of Understanding to the City Council of the City of Newport
Beach for approval.
`3 i
•
NOW, THEREFORE, this Memorandum of Understanding
is made and entered into, to become effective July 1, 1980,
upon approval by the City Council of the City of Newport
Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 1, 1980, the salary of each employee
represented by NBFFA shall be increased in each classifica-
tion as follows:
Fire Fighter 15.6%
Fire Engineer 15.6%
Fire Captain 15.6%
Fire Paramedic 18.1%
ARTICLE II
Medical
NEWPORT BEACH agrees to increase the maximum annual
dental benefit from Five Hundred Dollars ($500.00) to Seven
Hundred Fifty Dollars ($750.00) (basic and major).
NEWPORT BEACH agrees to meet and confer with NBFFA
representatives in a timely manner regarding the selection of
-2-
• •
an optional membership in a qualified health maintenance
organization.
ARTICLE III
Holidays
The Veterans' Day holiday shall be celebrated on
November 11, 1980.
ARTICLE IV
Uniform Costs
NEWPORT BEACH agrees to pay the entire cost of all
shoes required by the Fire Department to be worn as a part
of the uniform. Said program shall be monitored by the Fire
Chief.
ARTICLE V
Move -Up Pay
NEWPORT BEACH agrees to pay each employee, who,
subsequent to the effective date of this Memorandum of Under-
standing, is required for any reason to perform the duties
attendant to a classification with a higher salary range,
move -up pay equal to 5% of the regular base pay for the period
-3-
of time the employee is actually performing those duties;
provided, however, the employee shall receive such pay only
after the employee has performed those duties for One Hundred
Twenty (120) hours, while in the employ of the Newport Beach
Fire Department.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
-3 (a) -
ARTICLE VI
Other Terms and Conditions of Employment
All other terms and conditions of employment of
all affected employees in existence immediately prior to the
effective date of this Memorandum of Understanding shall
remain unchanged and in full force and effect during the
entire term of this Memorandum unless altered by mutual
agreement of the parties hereto.
ARTICLE VII
Conclusiveness of Memorandum
This Memorandum contains all the covenants, stipu-
lations, and provisions agreed upon by the parties. There-
fore, for the life of this Memorandum, neither party shall be
compelled, and each party expressly waives its rights, to meet
and confer with the other concerning any issues within the
scope of representation, whether or not specifically met and
conferred about prior to the execution of this Memorandum,
except by mutual agreement of the parties. No representative
of either party has authority to make and none of the parties
shall be bound by any statement, representation, or agreement
reached prior to the execution of this Memorandum and not set
forth herein.
-4-
ARTICLE VIII
Duration
The terms of this Memorandum are to remain in full
force and effect from July 1, 1980, until the 30th day of
June, 1981, and thereafter from year to year unless within
the time frame and in the manner designated in Section 13,
Timetable for Submission of Requests, of the Employer -
Employee Relations Resolution, either parties serves written
notice upon the other party of its desire to make changes in
this Memorandum.
ARTICLE IX
Separability
Should any part of this Memorandum or any provisions
herein contained be rendered or declared invalid by reason of
any existing or subsequently enacted legislation or by decree
of a court of competent jurisdiction, such invalidation of such
part or portion of this Memorandum shall not invalidate the
remaining portions hereof, and they shall remain in full force
and effect; provided, however, that should the provisions of
this Memorandum relating to pay schedule adjustment increases
be declared invalid, City agrees to provide alternative bene-
fits agreeable to NBFFA to the affected employees which will
-5-
cause such employees to receive the same amount of money as
they would have received had such provision not been declared
invalid.
EXECUTED this 1st
CITY OF NEWPORT BEACH
GEORGE P PAS
Finance ► ector/
City Representative
APPROVED AS TO FORM:
ROBERT H. BURNHAM
Assistant City Attorney
day of July
-6-
, 1980.
NEWPORT BEACH FIRE FIGHTERS
J'C HAMILTON
Representative
By
PPTE HA LEY
Representative
By
BRIAN SLATER
Representative
7/22/80
APPENDIX "A"
Classification Salary Range
Approx. Mo.
Salary
Fire Captain 56.043 - 60.043 1,856 - 2,256
Fire Engineer 53.043 - 57.043 1,603 - 1,949
Fire Paramedics 54.032 - 58.032 1,666 - 2,025
Firefighter 52.010 - 56.010 1,479 - 1,797
7
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
This Memorandum of Understanding is entered into
with reference to the following:
A. Authorized representatives of the City of Newport
Beach (hereinafter referred to as the "City") and authorized
representatives of the Newport Beach Fire Fighters Association
(hereinafter referred to as the "Association"), a recognized
employee organization, met and conferred, exchanging various
proposals concerning wages, hours, fringe benefits, and other
terms and conditions of employment of employees represented by
the Association (hereinafter referred to as the "affected
employees") for the 1978-79 and 1979-80 Fiscal Years.
B. These representatives have reached an agreement as
to the wages, hours, and other terms and conditions of employ-
ment to apply to all affected employees for the 1978-79 and
1979-80 Fiscal Years. They desire to reduce their agreement
to writing and to present such agreement in the form of this
Memorandum of Understanding to the City Council of City for
approval.
NOW, THEREFORE, this Memorandum of Understanding is
made and entered into to become effective July 1, 1978, upon
1�i�1�- ci`ivl
4
approval by the City Council of City, as follows:
ARTICLE I
Retirement
City agrees to pay one-half of the employees'
contribution to the Public Employees Retirement System (PERS).
City agrees to a lump sum payment the first pay
period following the signing of this Memorandum of Understanding
that will reflect an amount equal to one-half the employees'
contribution to PERS for the period of time between July 1, 1978,
and the signing of this Memorandum of Understanding. City will
thereafter pay one-half the employees' contribution to PERS for
the remainder of Fiscal Year 1978-79 at which time such increased
contribution by City shall cease and revert to the normal rate
of employee contribution.
ARTICLE II
Overtime
Effective on the date of execution of this Memorandum
of Understanding, each affected employee shall receive compensa-
tion for all time worked in excess of his/her normally scheduled
work week ("overtime") at the rate of one and one-half (1-1/2)
times his/her normal hourly rate of pay. Effective July 1, 1979,
such premium compensation for overtime shall cease, and affected
employees thereafter will receive their normal hourly rate of pay
-2-
for hours worked in excess of their normally scheduled work week.
In return for relinquishing time and one-half compensation for
overtime, effective July 1, 1979, the basic pay scale for all
classifications represented by the Association shall be adjusted
upward by an additional three percent (3%), over and above the
fifteen percent (15%) adjustment provided for in Article VI.
ARTICLE III
Military Buy -Back
Effective July 1, 1978, City shall elect to be subject
to the provisions of California Government Code Section 20930.3.
ARTICLE IV
Bereavement Leave
Effective July 1, 1978, City shall amend the provisions
of the bereavement leave program currently applicable to affected
employees to provide that benefits thereunder shall be available
to all affected employees upon the death of any of the following
relations of the employee's spouse, in addition to those benefits
currently available;
Mother;
Father;
Brother;
Sister.
ARTICLE V
Vacation Leave
Effective July 1, 1978, the vacation accrual schedule
-3-
410
applicable to all affected employees shall be as follows:
Years of Service Hours Accrued Per Month
0 but less than 5 12
5 but less than 9 14
9 but less than 13 16
13 but less than 17 18
17 but less than 21 20
21 but less than 25 22
25 and over 24
ARTICLE VI
Classification Adjustment
The parties agree that in order to enable the City to
attract and retain fully qualified personnel, the City must readjust
the compensation for the classifications represented by the
Association to make it more competitive with the compensation
being paid employees in comparable positions in other munici-
palities in Orange County.
For this reason, effective July 1, 1979, the basic pay
scale for all classifications represented by the Association shall
be adjusted upward by fifteen percent (15%).
ARTICLE VII
Other Terms and Conditions of Employment
All other terms and conditions of employment of all
affected employees in existence immediately prior to the effec-
tive date of this Memorandum of Understanding shall remain
-4-
unchanged and in full force and effect during the entire term
of this Memorandum unless altered by mutual agreement of the
parties hereto.
ARTICLE VIII
Conclusiveness of Memorandum
This Memorandum contains all the covenants, stipulations,
and provisions agreed upon by the parties. Therefore, for the
life of this Memorandum, neither party shall be compelled, and
each party expressly waives its rights, to meet and confer with
the other concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this Memorandum, except by mutual agreement of the
parties. No representative of either party has authority to make
and none of the parties shall be bound by any statement, repre-
sentation, or agreement reached prior to the signing of this
Memorandum and not set forth herein.
ARTICLE IX
Duration
The terms of this Memorandum are to remain in full force
and effect from July'1, 1978, until the 30th day of June, 1980,
and thereafter from year to year unless within the time frame and
in the manner designated in Section 13, Timetable for Submission
of Requests, of the Employer -Employee Relations Resolution, either
party serves written notice upon the other party of its desire
-5-
to make changes in this Memorandum.
ARTICLE X
Separability
Should any part of this Memorandum or any provisions
herein contained be rendered or declared invalid by reason of
any existing or subsequently enacted legislation or by decree
of a court of competent jurisdiction, such invalidations of
such part or portion of this Memorandum shall not invalidate the
remaining portions hereof, and they shall remain in full force
and effect; provided, however, that should the provisions of
this Memorandum relating to pay schedule adjustment increases be
declared invalid, City agrees to provide alternative benefits
agreeable to the Association to the affected employees which
will cause such employees to receive the same amount of money as
they would have received had such provision not been declared
invalid.
ARTICLE XI
State Surplus Disclaimer
If, in Fiscal Year 1979-80, the State allocates surplus
funds to cities to relieve the burden created by lost property
tax revenues brought about by the passage of Proposition 13, and
if conditions are attached to those funds which would prevent or
limit the City's ability to grant employee salary increases, then
-6-
•• s.
it is understood and agreed between the parties hereto as
follows:
1. If the State guidelines for acceptance of State surplus
funds permit some percentage salary increases, City agrees to
pay employees that percentage increase up to a maximum of eighteen
percent (18%);
2. City agrees to reopen negotiations with Association for
the purpose of determining alternate means of compensation to
make up the difference between the percentage paid in salaries
and the remainder of the agreed upon percentage salary increase
as set forth in this Memorandum of Understanding, subject to the
conditions contained in paragraph 4 below;
3. If no salary increases are permitted under the State
guidelines, then City agrees to reopen negotiations for the purpose
of determining substitute forms of compensation which will equate
to receipt by the affected employees of an amount equal to the
total dollar amount which they would have received under the
proposed percentage salary increase, as set forth in this Memoran-
dum, subject to the conditions contained in paragraph 4 below;
4. The commitments contained in this Article are made by
City in good faith and shall be honored by City to the best of
its ability, exercising every reasonable effort to make available
sufficient municipal revenues to satisfy these commitments;
5. If the State guidelines have been adjudicated and
-7-
sib fob
declared invalid as they apply to salary adjustments contained
in existing contractual agreements, City agrees to pay the full
percentage salary increase as set forth in this Memorandum of
Understanding.
Executed this /l' day of c f'1.0-_,7u('.A-e/L., , 1978.
CITY OF NEWPORT BEACH
By //(/ate7_
WAYNE SCHWAI�iMEL„ Assistant
t• he City" Manager," 'ty
esex)tative
G ORGrAPPAS, Fi
Direc . City Rep `:sentative
APPROVED AS TO FORM:
DENNIS D. O'NEIL, City Attorney
NEWPORT BEACH FIRE FIGHTERS
ASSOCIATION
ED GRE N, President
BY f J '1.4i✓, 6t •
SAMUEL J. LS,
Association Representative
-8-
•
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
A RECOGNIZED EMPLOYEE ORGANIZATION
The wages, hours and conditions of employment that are set forth
in this Memorandum have been discussed and jointly proposed by and
between the staff officials of the City of Newport Beach (hereinafter
called "NEWPORT BEACH") and the Newport Beach Fire Fighters Association
(hereinafter called "NBFFA") and shall apply to all classifications
set forth in Appendix "A".
The terms and conditions of employment that are set forth in
this Memorandum have been discussed in good faith between NEWPORT
BEACH and the NBFFA. The NBFFA agrees to recommend acceptance by
its members of all the terms and conditions of employment as set
forth herein, and NEWPORT BEACH agrees to recommend to the Newport
Beach City Council that all the terms and conditions of employment as
set forth herein be incorporated in full in a resolution of the City
Council. Upon the adoption of such a resolution, all the terms and
conditions of this Memorandum so incorporated shall become effective
without further action by either party.
ARTICLE I
NBFFA Recognition
NEWPORT BEACH hereby confirms its prior certification of NBFFA as
the recognized employee organization for the employees in the Fire
Employees unit, and agrees to meet and confer and otherwise deal
exclusively with NBFFA on all matters within the scope of representation
pertaining to the said employees as authorized by law.
ARTICLE II
Dues Check -Off
NEWPORT BEACH agrees to a check -off for the payment of the regular
monthly NBFFA dues, and to deduct such payments from the wages of all
NBFFA members and employees when authorized to do so by said members and
employees, and remit such payments to the NBFFA in accordance with the
terms of signed authorizations of such members and employees. The deduction
of such dues and the remittal of same by the City of Newport Beach to the
NBFFA shall constitute payment of said dues by such members and employees
of the NBFFA.
ARTICLE III
Salaries and Wages
NEWPORT BEACH and NBFFA agree to the salary schedule for the various
classifications as set forth in Appendix "A" attached to this Memorandum and
by this reference made a part hereof. The salary schedule set forth in
Appendix A shall be reviewed and, if necessary, adjusted at mid -year
(January, 1976) in the following manner:
A. Prior to January 15, 1976, the parties shall meet for the purpose
of ascertaining the average hourly rate then paid in the following jurisdictions
for each comparable classification referred to in Appendix A:
Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove,
Huntington Beach, Orange, Santa Ana.
B. The average hourly rate for each classification shall be determined by:
(1) Multiplying the monthly base rate of pay for that classification
by 12: and
(2) Dividing (1) above by the average number of hours worked per
i
• •
week times 52.
For purposes of this survey, comparisons shall be made at the top step of
the normal salary range and shall exclude any additional pay for educational
or scholastic incentive, longevity, language proficiency, special assignments, etc.
Average number of hours worked shall be construed to mean the gross number of
hours per week scheduled to be worked by an employee in a particular
classification excluding time off for sick leave, vacation, holidays, etc.
C. Prior to January 31, 1976, the average hourly rate referred to
hereinabove shall have been ascertained by the parties. In the event of a
failure of the parties to reach agreement on this item, the matter shall be
resolved as prescribed in Section 10 of Resolution 7173.
D. Upon determination of the average hourly rate as prescribed in
paragraphs B. or C. above, the salary range of each classification in
Appendix A shall be increased to that salary range in the City of Newport
Beach Compensation Plan which is closest to the average hourly rate and
shall be effective January 3, 1976.
ARTICLE IV
NEWPORT BEACH agrees to add the following holidays to those observed
by the City:
Christmas Eve (Last half of the working day)
New Year's Eve (Last half of the working day)
Employees represented by NBFFA shall not receive time off for these holidays
but instead shall be compensated with a cash payment equal to 12 hours pay
at straight time rates. Said cash payment shall be made prior to Aug. 31, 1975.
ARTICLE V
Retirement
NEWPORT BEACH and NBFFA agree to a joint valuation of the Amendments
to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH
agrees to implement said amendments if such action results in no cost to
the City.
ARTICLE VI
Compensation for Acting Appointments
NEWPORT BEACH agrees to change Section 502.6 of the Personnel Resolution
to provide that a Fireman serving in an acting capacity as a Fire Engineer
shall be compensated for all time spent in such acting capacity at the
salary rate he would have received had he been promoted to the Fire Engineer
position. NBFFA agrees that such higher compensation shall be paid only to
those Firemen who have been certified by the Fire Chief as qualified on the
apparatus to which he will be assigned in the acting capacity. NBFFA further
agrees that compensation for such acting appointments will be paid on the
first pay period following the 28 day work cycle in which the Fireman served
in such acting capacity.
ARTICLE VII
Other Terms and Conditions of Employment
All other terms and conditions of employment of all employees represented
by the ASSOCIATION in existence immediately prior to the effective date
of this Agreement shall remain unchanged and in full force and effect during
the entire term of this Agreement unless altered by mutual agreement of the
parties hereto.
ARTICLE VIII
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, for the life of this Memorandum,
neither party shall be compelled, and each party expressly waives its rights,
to meet and confer with the other concerning any issues within the scope of
representation, whether or not specifically met and conferred about prior
to the execution of this Memorandum, except by mutual agreement of the parties.
No representative of either party has authority to make and none of the
parties shall be bound by any statement, representation, or agreement
reached prior to the signing of this agreement and not set forth herein.
ARTICLE IX
Duration
The terms of this Memorandum are to remain in full force and effect
until the 30th day of June, 1976, and thereafter from year to year unless
within the time frame and in the manner designated in Section 13 TIMETABLE
FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution,
either party serves written notice upon the other party of its desire to
make changes in this Memorandum. Upon adoption of a Resolution approving
this Memorandum and the terms hereof by the City Council of the City of
Newport Beach, this Memorandum shall be in full force and effect as of the
1st day of July, 1975.
ARTICLE X
Separability
Should any part of this Memorandum or any provisions herein contained
be rendered or declared invalid by reason of any existing or subsequently
enacted legislation or by decree of a court of competent jurisdiction, such
invalidations of such part or portion of this Memorandum shall not invalidate
the remaining portions hereof and they shall remain in full force and effect.
ARTICLE XII
Non -Discrimination
NEWPORT BEACH and the NBFFA agree that there will be no discrimination
by either party or by any of their agents against any employee because
of his membership or non -membership in the NBFFA, or because of race, creed,
color, national origin, religious belief, political affiliation, sex, or age.
At
torney
O'NEIL, City ttorn ey
Executed this 17 77% day of .77/4 , 1975.
CITY OF NEWPORT BEACH
finance lsr• tor
and City Rep R entative
Approved as to Form:
(51a(
By:
THE NEWPORT BEACH FIRE FIGHTERS
ASSOCIATION
resenta
lf��
tive
OM AND !ON, Representative
STEPH.' H. SILVER, Representative
Fireman
Fire Engineer
Fire Captain
APPENDIX A
Effective July 19, 1975
Salary Range
44.039 - 48.039
46.022 - 50.022
49.022 - 53.022
Approx. Mo.
Salary
$1,029 - 1,251
1,116 - 1,357
1,292 - 1,571
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION
A RECOGNIZED EMPLOYEE ORGANIZATION
The wages, hours and conditions of employment that are set forth
in this Memorandum have been discussed and jointly proposed by and
between the City Council of the City of Newport Beach and the Newport
Beach Fire Fighters Association.
All the terms and conditions of this Memorandum shall become
effective upon adoption of a Resolution by the City Council.
ARTICLE I
Salaries
Effective from September 24, 1977, through November 18, 1977, the
salary schedule for employees in the following classifications will be
as indicated:
Classification Salary Range Monthly Salary
Fire Captain 51.024-55.024 $1,428 - $1,735
Fire Engineer 48.024-52.024 1,233 - 1,499
Fireman 46.041-50.041 1,137 - 1,382
Effective from November 19, 1977, through June 30, 1978, the salary
schedule for employees in the following classifications will be as indicated:
Classification
Salary Range Monthly Salary
Fire Captain 50.024-54.024 $1,360 - $1,651
Fire Engineer 47.024-51.024 1,175 - 1,428
Fireman 45.041-49.041 1,083 - 1,316
•
ARTICLE II
Retirement
The City Council agrees to amend its contract with the Public Employees
Retirement System to provide for the inclusion of Section 21252.01 of the
California Government Code, referred to as the2% @ 50 retirement formula.
The effective date of this Amendment will be on or before June 30th, 1978.
ARTICLE III
Other Terms and Conditions of Employment
All other terms and conditions of employment of all employees represented
by the NBFFA in existence immediately prior to the effective date of this
Agreement shall remain unchanged and in full force and effect during the
entire term of this Agreement unless altered by mutual agreement of the
parties hereto.
ARTICLE IV
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations and provisions
agreed upon by the parties. For the life of this Memorandum, neither party
shall be compelled, and each party expressly waives its rights, to meet
and confer with the other concerning any issues within the scope of
representation, whether or not specifically met and conferred about prior
to the execution of this Memorandum, except by mutual agreement of the parties.
No representative of either party has authority to make and none of the
parties shall be bound by any statement, representation, or agreement
reached prior to the signing of this agreement and not set forth herein.
ARTICLE V
Separability
Should any part of this Memorandum or any provisions herein contained
be rendered or declared invalid by reason of any existing or subsequently
enacted legislation or by decree of a court of competent jurisdiction,
such invalidations of such part or portion of this Memorandum shall not
invalidate the remaining portions hereof and they shall remain in full force
and effect.
ARTICLE VI
Duration
The terms of this Memorandum are to remain in full force and effect
until the 30th day of June, 1978, and thereafter from year to year unless
within the time frame and in the manner designated in Section 13 TIMETABLE
FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution,
either party serves written notice upon the other party of its desire to
make changes in this Memorandum.
Executed this , /n-Y day of (>2-z)—v-• , 1977.
CITY OF NEWPORT BEACH
By:
MILAN M. DOSTAL
MAYOR
Approved as to Form:
A
DENNIS O'NEIL, CITY ATTbRNEY
THE NEWPORT BEACH FIRE FIGHTERS
ASSOCIATION
By:=�ht';��U .' Y %")
✓IOHN HAMILTON, PRESIDENT
EDGAR GREEN, REPRESENTATIVE
JE RRY
ROM, REPRESENTATIVE
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
This Memorandum of Understanding is entered into with
reference to the following:
In the interest of maintaining harmonious relationships
between the City of Newport Beach and the Newport Beach Firefighters
Association, authorized representatives of the City of Newport Beach
(hereinafter referred to as the "CITY") and authorized representatives
of the Newport Beach Firefighters Association (hereinafter referred to
as the "ASSOCIATION"), a recognized employee organization, have met and
conferred in good faith exchanging various proposals concerning wages,
hours, fringe benefits and other terms and conditions of employment of
employees represented by the ASSOCIATION; and
Representatives of the CITY and the ASSOCIATION have reached
an understanding and agreement as to certain changes in wages, hours, fringe
benefits and other terms and conditions of employment of the employees
represented by the ASSOCIATION and have agreed that the parties hereto shall
jointly recommend to the City Council of the City of Newport Beach approval
of said understanding and agreement and adoption of a new wage and salary
resolution which will provide for and implement said changes.
Therefore, the CITY and the ASSOCIATION agree as follows:
# •
ARTICLE I. SALARIES
A new Wage and Salary Resolution shall be adopted executing the following
changes in salaries for the 1974-75 fiscal year.
A. Effective July 6, 1974, the salary of each employee
represented by the ASSOCIATION shall be increased by an
amount equal to eight percent (8%) over and above his
salary immediately prior thereto.
B. Effective March 29, 1975, the salary of each employee
represented by the ASSOCIATION shall Se increased by an
amount equal to five percent (5%) over and above his
salary immediately prior thereto.
ARTICLE II. HEALTH INSURANCE
Effective October 1, 1974, the Health Insurance Plan, maintained by the
City, will be changed as indicated for employees and their eligible dependents
as follows:
A. The calendar year deductible for each insured family
member shall be reduced to $50.00 per year.
B. The family deductible limit shall be reduced to $150.00.
C. Out-of-pocket limit (co-insurance limit) of $500.00 per person
will be added to the Plan. This feature will provide 100% reimburse-
ment of covered medical expenses when the 20% co-insurance paid by
the employee reaches $500.00 in any calendar year.
D. The maximum benefit for each insured family member shall be
increased to $250,000.00.
E. The existing maternity benefit will be discontinued for
pregnancies that commence on or after July 1, 1974.
• •
ARTICLE III. INSURANCE PREMIUM COSTS
Effective October 1, 1974, the CITY shall pay 100% of the employee
premium cost for Health and Life insurance including all increased
premium cost resulting from the amendments to the Health Insurance
coverage described hereinabove in Article II. The premium payments
for Short and Long Term Disability Insurance shall continue to be
governed by the terms now in effect (i.e., those employees who have
0-12 12-hour shifts of accrued sick leave shall pay 100% of the premium
cost; those employees who have 13-26 12-hour shifts of accrued sick
leave shall pay 50% of the premium cost and the City shall pay 50%
of the premium cost; those employees who have 27 12-hour shifts or
more of accrued sick leave shall have the entire cost paid by the
City.) In addition, the CITY shall continue to extend Health Insurance
coverage to eligible dependents of employees and to pay 95% of the
premium cost for such dependents, including the increased premiums
resulting from the amendments described hereinabove in Article II.
The remaining 5% of such premiums shall continue to be paid by the
employees.
ARTICLE IV. CLOTHING ALLOWANCE
The CITY agrees to increase the Uniform Clothing Allowance by $25.00
per man per year, the money to be used for the purchase of Safety Shoes
for members of the Department.
ARTICLE V. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
All other terms and conditions of employment of all employees represented
by the ASSOCIATION in existence immediately prior to the effective date
of this Agreement shall remain unchanged and in full force and effect
during the entire term of this Agreement unless altered by mutual
agreement of the parties hereto.
This Memorandum of Understanding shall be implemented by appropriate
resolution or resolutions of the City Council of the City of Newport Beach.
Executed this 221° day of i , 1974.
CITY OF NEWPORT BEACH
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
-CIF)AGNER
BY: / BY: (AA 1u_
rR I E ., Assistant to the AUGUST refig t rs Reprsentative
'ty Mai}ager..and City Representative
d (46
GEORGE PA S, Financ �ihector CK WAITE, Firefighters Representative
and City esentati
STEPHEN H. SILVER, Representative