HomeMy WebLinkAbout2013-64 - Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean LifeguardsRESOLUTION NO. 2013 -64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
WHEREAS, the City Council of the City of Newport Beach previously adopted
Resolution No. 2001 -50, the "Employer- Employee Relations Resolution," to promote
improved relations and communication between the City of Newport Beach and its employee
associations; and
WHEREAS, the City of Newport Beach previously entered into a Memorandum of
Understanding with the Association of Newport Beach Ocean Lifeguards for the period of
May 1, 2011 through June 30, 2012; and
WHEREAS, representatives from the City of Newport Beach and representatives from
the Association of Newport Beach Ocean Lifeguards have met and conferred in good faith
and agreed to modify the current Memorandum of Understanding; and
WHEREAS, the City Council of the City of Newport Beach desires to, replace the
Memorandum of Understanding between the City of Newport Beach and the Association of
Newport Beach Ocean Lifeguards by adopting a successor Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Newport Beach does resolve as
follows:
Section 1. Wages, hours, fringe benefits and other terms and conditions of
employment of employees represented by the Association of Newport Beach Ocean
Lifeguards shall be provided in accordance with the provisions of the attached Memorandum
of Understanding (Exhibit A).
Section 2. The term of the Memorandum of Understanding shall be for two years,
commencing retroactively to July 1, 2012, and will remain in full force and effect through June
30, 2014.
Adopted this 13�h day of August, 2013.
ATTEST:
City Clerk
EXHIliff A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU ") is entered into with reference to the following:
1. The Association of Newport Beach Ocean Lifeguards ( "ANBOL" or
"Association "), a recognized employee organization, and the City of Newport
Beach ( "City "), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on July 11, 2013 as to wages, hours and other terms and conditions
of employment for the period from July 1, 2012 through June 30, 2014 and this
tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association and Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation. Except as
limited herein, the City retains all management rights as set forth in the Meyers -
Milias -Brown Act and Resolution 2001 -50.
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 /Employee Relations Resolution No. 2001 -50, the City acknowledges
that the Association 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 of Lifeguard I, 11, and 111,
or as appropriately modified in accordance with the Employer /Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ( "Active
Employee ") with job titles of Lifeguard 1, 11, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and have
worked 240 cumulative hours by April 15 of the calendar year. An Active
Employee is an individual who has completed the Fire Department's re-
city -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 2 of 8
certification class with the expectation of working a minimum of 56 cumulative
hours per calendar year. All other employees are excluded.
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 July 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 expiration date of this MOU in the event the parties are
meeting and conferring on a successor MOU. Negotiations for a
successor agreement shall commence in March 2014.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C, Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. For those members
who specifically ask that their personal information not be given out, email
contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to request the other, to
meet and confer concerning any issue contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 3 of 8
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
C. Subcontracting
As provided in the Employer- Employee Relations Resolution No. 2001 -50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In
the event the City introduces a plan to outsource services currently being
performed by Association members to achieve greater efficiency andlor cost
savings, and upon request by the Association, the City shall meet and confer
with Association representatives to discuss the impacts of the City's decision to
contract out work, a minimum of sixty (60) days prior to contracting out such
services. The City shall retain sole authority to decide whether or not to
contract out work, including work that is currently being performed by
Association members. This provision shall not limit the City's authority to enter
into such an agreement for any City services.
SECTION 2. — Compensation
A. Pay for Time Worked
Salary Adiustments
There shall be no salary adjustment in the first year of this 2012 -2014
contract. Effective the pay period including July 1, 2013, (the second
year of the contract) base salaries shall be increased 2.0%.
• I
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking 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.
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 4 of 8
3. EMT Pav
Employees who maintain certification as Emergency Medical
Technicians ( "EMTs ") according to State of California regulations and
Orange County EMS policy shall be eligible to receive fifty ($0.50) cents
per hour worked in "EMT Pay." Effective July 1, 2013, EMT Pay shall
increase to one dollar ($1.00) per hour worked. It is the employee's
responsibility to have their current EMT Certification on file. Employees
certified shall receive EMT Pay the first full pay period following
certification.
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the, basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Fire Chief and approved by
the City Manager, which occurs between a fixed and regularly recurring
period of 188 hours - 7 consecutive 24 hour periods.
Definition of Flours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non - exempt employees shall be
paid at one - and - one -half (1 -1(2) times the employee's regular rate of
pay. Reporting of overtime on payroll forms will be as prescribed by the
Finance Director.
5. 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 classification. Employees
temporarily assigned to Lifeguard 11 or Lifeguard III job classifications
shall receive a five percent (5 %) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A. Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 5 of 8
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard, Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard 11
qualified personnel during "C' level staffing, Lifeguard 1 personnel
staffing Towers during V staffing will receive temporary upgrade pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty -five (35) hours per week
during "A" level staffing.
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m, the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Represented employees in the Association shall be paid Two Hundred ($ 200)
Dollars, annually, towards the purchase of UVAIUVB compliant sunglasses,
sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water
proof watch and replacement andtor repair of any work - related equipment.
This payment will be made by the first full pay period in July of each season
they are working. Sunglasses must be full coverage, have polarized lenses,
and be worn whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as-
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
City -ANBOI MOU
July 1, 2012 through June 30, 2014
Page 8 of 8
D. Binoculars
Represented employees shall be provided a pair of binoculars in accordance
with the Fire Department's Standard Operating Procedures. Binoculars must
be kept in good working order by the employee and must be brought to work for
each Lifeguard Operations shift, which will be confirmed by inspection by the
Division Supervisors. If the provided binoculars are lost or damaged, the
employee shall replace them with a pair meeting the City's specifications. Upon
separation from the Fire Department, employee shall return the binoculars to
their supervisor unless a purchasing agreement is made at time of separation.
E. Other Equipment
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F GYM
Represented employees will be provided access to the City Gym.
G. Parking Passes
Represented employees will be provided one parking pass that does the
following.
Allows "blue pole" parking year around.
Allows "all meter" parking June 15 to September 30.
H. Identification Card
Upon request, represented employees who desire an Identification {ID} Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefits /privileges.
City-ANBOL Mou
July 1, 2012 through June 30, 2014
Page 7 of 8
Unit members enrolled in California Public Employees Retirement System
(Ca1PERS) shall pay the full 9% "safety member" contribution of CaiPERS
reportable earnings and the Employer Paid Member Contribution will be 0 %.
This payment will be made on a pre -tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation earnable" under Government
Code section 20836.
SECTION 5. - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief, or
his/her designee, within ten (10) calendar days of the disciplinary action. The
Fire Chief or designee will meet with the employee and a representative of their
choosing within ten (10) calendar days of the appeal. If the matter continues to
be unresolved, the employee may, within ten (10) calendar days, appeal to the
City Manager or the City Manager's designee. The City Manager or designee
will meet with the employee and their representative. Within ten (10) calendar
days, the City Manager or designee shall issue his /her decision. The decision
of the City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
G, Work Access
ANBOL representatives shall have access to employees in the workplace
through an ANBOL dedicated bulletin board in lifeguard headquarters.
ANBOL representatives shall be allowed 10 minutes at the beginning of class to
address employees at every Lifeguard Recertification course.
City- ANBat. taou
July 1, 2012 through June 30, 2014
Page 8 of 9
D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
five year period.
E, Classification Study
At the time of adoption of this 2012 -2014 MOU, the City is undergoing a
comprehensive study of its classification and compensation program. The City
agrees to review the classifications of Lifeguard 1, It, and III for the purpose of
assessing appropriate classification structure and assignment.
Executed this day of , 2013:
ATTEST:
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
By:
Chris Graham, President
CITY OF NEWPORT BEACH
By:
Keith D. Curry, Mayor
Leilani Brown, City Clerk
A"ROVED.AS TO FORM :.
Aaron C. Harp, City Attorney 611 13
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND THE
ASSOCIATION OF NEWPORT BEACH OCEAN LIFE,
This MEMORANDUM OF UNDERSTANDING
"MOU ") is entered into with reference to the following:
C
1. The Association of Newport Beach Ocean Lifeguards ( "ANBOL" or
"Association "), a recognized employee organization, and the City of Newport
Beach ( "City "), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other
terms and conditions of employment.
2. Association representatives and City representatives have reached a tentative
agreement on July 11, 2013 as to wages, hours and other terms and conditions
of employment for the period from July 1, 2012 through June 30, 2014 and this
tentative agreement has been embodied in this MOU.
3. This MOU, upon approval by the Association and Newport Beach City Council,
represents the total and complete understanding and agreement between the
parties regarding all matters within the scope of representation. Except as
limited herein, the City retains all management rights as set forth in the Meyers -
Millas -Brown Act and Resolution 2001 -50.
SECTION 1. —General Provisions
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers Millas Brown Act of the State of California and the provisions of the
Employer /Employee Relations Resolution No. 2001 -50, the City acknowledges
that the Association 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 of Lifeguard I, 11, and 111,
or as appropriately modified in accordance with the Employer /Employee
Relations Resolution. All other classifications and positions are excluded from
representation by the Association.
Recognition is limited to employees who are active employees ( "Active
Employee ") with job titles of Lifeguard I, 11, and III who have worked in such
positions for the City of Newport Beach during the most recent summer season
(or the summer season the year preceding the most recent season if they took
an approved leave of absence and missed the most recent year) and have
worked 240 cumulative hours by April 15 of the calendar year. An Active
Employee is an individual who has completed the Fire Department's re-
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 2 of 8
certification class with the expectation of working a minimum of 56 cumulative
hours per calendar year. All other employees are excluded.
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 July 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 expiration date of this MOU in the event the parties are
meeting and conferring on a successor MOU. Negotiations for a
successor agreement shall commence in March 2014.
2. The terms and conditions of this MOU shall prevail over conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide that
agreements such as this prevail, confer rights which may be waived by
any collective bargaining agreement, or are, pursuant to decisional or
statutory law, superseded by the provisions of an agreement similar to
this MOU.
C. Employee Data and Access
Each April, the City shall provide Association a regular list of all unit members
including name, contact info (including e-mail) and job title. For those members
who specifically ask that their personal information not be given out, email
contact information only will be provided.
D. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to request the other, to
meet and confer concerning any issue contained herein.
E. Modifications
Any agreement, alteration, understanding, variation, or waiver or modification of
any of the terms or provisions of this MOU shall not be binding upon the parties,
unless contained in a written document executed by authorized representatives
of the parties.
City -ANBOL MOU
July 1, 2012 through June 30, 2094
Page 3 of 8
F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU.
G. Subcontracting
As provided in the Employer- Employee Relations Resolution No. 2001 -50, the
City shall determine the manner in which City services are to be provided,
including whether the City should provide services directly or contract out work,
including work that is currently being performed by Association members. In
the event the City introduces a plan to outsource services currently being
performed by Association members to achieve greater efficiency and /or cost
savings, and upon request by the Association, the City shall meet and confer
with Association representatives to discuss the impacts of the City's decision to
contract out work, a minimum" of sixty (60) days prior to contracting out such
services. The City shall retain sole authority to decide whether or not to
contract out work, including work that is currently being performed by
Association members. This provision shall not limit the City's authority to enter
into such an agreement for any City services.
SECTION 2. —Compensation
A. Pay for Time Worked
Salary Adiustments
There shall be no salary adjustment in the first year of this 2012 -2014
contract. Effective the pay period including July 1, 2013, (the second
year of the contract) base salaries shall be increased 2.0 %.
2. Bi- t.Ingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive fifty
($.50) cents per hour in bilingual pay. The certification process will
confirm that employees are fluent at the street conversational level in
speaking 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.
city -ANBOL Mau
July 1, 2012 through June 30, 2014
Page 4 of 8
3. EMT Pav
Employees who maintain certification as Emergency Medical
Technicians ( "EMTs ") according to State of California regulations and
Orange County EMS policy shall be eligible to receive fifty ($0.50) cents
per hour worked in "EMT Pay. " Effective July 1, 2013, EMT Pay shall
increase to one dollar ($1.00) per hour worked. It is the employee's
responsibility to have their current EMT Certification on file. Employees
certified shall receive EMT Pay the first full pay period following
certification.
4. Compensation for Overtime - Normal Overtime
Normal overtime is defined as any scheduled hours worked in excess of
the basic work week. For the purposes of this section, the basic work
week is 40 hours, or as determined by the Fire Chief and approved by
the City Manager, which occurs between a fixed and regularly recurring
period of 168 hours - 7 consecutive 24 hour periods.
Definition of Hours Worked - Hours worked are defined as hours which
employees are required to be performing their regular duties or other
duties assigned by the City.
Compensation - Normal overtime for all non - exempt employees shall be
paid at one - and - one -half (1 -1/2) times the employee's regular rate of
pay. Reporting of overtime on payroll forms will be as prescribed by the
Finance Director.
5. 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 classification. Employees
temporarily assigned to Lifeguard li or Lifeguard III job classifications
shall receive a five percent (5 %) pay differential over their regular rate of
pay for all time worked in the higher classification, with a minimum of
one hour required to receive the differential.
SECTION 3. - Work Hours and Staffing
A, Staffing
During "A" level staffing, Monday through Friday, two patrols (one each
in divisions 1 and 2) shall be staffed with two persons. Saturday and
City-ANBOL MOU
July 1, 2012 through June 80, 2014
Page 5 of 8
Sunday, four patrols (two each in divisions 1 and 2) shall be staffed with
two persons. The staffing will consist of a unit operator and a mentored
lifeguard. Staffing of the mentored lifeguard position will be placed on
the regular schedule and staffed per Fire Department Policy, and will be
eligible for temporary upgrade pay.
Based on availability, Lifeguard Towers will be staffed with Lifeguard 11
qualified personnel during "C" level staffing. Lifeguard I personnel
staffing Towers during "C" staffing will receive temporary upgrade pay.
Upon request, declared at the beginning of each season, represented
employees shall be scheduled for at least thirty -five (35) hours per week
during "A" level staffing,
Represented employees will, during all staffing levels, be paid two (2)
hours of pay if their scheduled shift is canceled later than 4:00 p.m. the
day before the work is scheduled. The shift is considered canceled
when the City provides notice to the employee at the number designated
by the employee. Once reporting to work, employees will be afforded the
opportunity to either work their scheduled shift or voluntarily leave work
without pay if work is not available.
SECTION 4. — Fringe Benefits
A. Equipment Allotment
Represented employees in the Association shall be paid Two Hundred ($ 200)
Dollars, annually, towards the purchase of UVAlUVB compliant sunglasses,
sweat pants, full brimmed or ball cap style hat, equipment carrying bag, water
proof watch and replacement and /or repair of any work - related equipment.
This payment will be made by the first full pay period in July of each season
they are working. Sunglasses must be full coverage, have polarized lenses,
and be worn whenever conditions warrant.
B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as-
needed basis.
C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for unit employees at a
facility selected by the City. Employees who are scheduled to be screened off
duty will be paid one (1) hour of compensation.
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 6 of 8
D. Binoculars
Represented employees shall be provided a pair of binoculars in accordance
with the Fire Department's Standard Operating Procedures. Binoculars must
be kept in good working order by the employee and must be brought to work for
each Lifeguard Operations shift, which will be confirmed by inspection by the
Division Supervisors. If the provided binoculars are lost or damaged, the
employee shall replace them with a pair meeting the City's specifications. Upon
separation from the Fire Department, employee shall return the binoculars to
their supervisor unless a purchasing agreement is made at time of separation.
E. Other Equipment
One pair of uniform trunks and two uniform shirts, each season.
One jacket per career, replaced when unserviceable.
One pair swim fins, one mask and snorkel per career, replaced by City if lost or
broken in the execution of work duties.
F. GYM
Represented employees will be provided access to the City Gym.
G. Parking Passes
Represented employees will be provided one parking pass that does the
following:
• Allows "blue pole" parking year around.
• Allows "all meter" parking June 15 to September 30.
M. Identification Card
Upon request, represented employees who desire an Identification (ID) Card
shall be provided with an official wallet -sized City of Newport Beach
identification card.
Other Benefits Not Guaranteed
Employees represented by the Association of Newport Beach Ocean Lifeguards
may, in the sole discretion of the City, be provided additional benefitstprivileges.
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 7 of 8
HENINgm
Unit members enrolled in California Public Employees Retirement System
(CalPERS) shall pay the full 9% "safety member" contribution of CalPERS
reportable earnings and the Employer Paid Member Contribution will be 0 %.
This payment will be made on a pre -tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not be
considered as part of employee's "compensation eamable" under Government
Code section 20636.
SECTION 5, - Miscellaneous
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution
of any disciplinary actions having a financial impact on the employee.
Represented employees may appeal any such actions to the Fire Chief, or
his/her designee, within ten (10) calendar days of the disciplinary action. The
Fire Chief or designee will meet with the employee and a representative of their
choosing within ten (10) calendar days of the appeal. If the matter continues to
be unresolved, the employee may, within ten (10) calendar days, appeal to the
City Manager or the City Manager's designee. The City Manager or designee
will meet with the employee and their representative. Within ten (10) calendar
days, the City Manager or designee shall issue his/her decision. The decision
of the City Manager or designee shall be final.
This is the only City appeal procedure for the term of this agreement.
B. Orientation
Association representatives will be allowed ten minutes at the end of training
sessions to address newly hired trainees.
C, Work Access
ANBOL representatives shall have access to employees in the workplace
through an ANBOL dedicated bulletin board in lifeguard headquarters.
ANBOL representatives shall be allowed 10 minutes at the beginning of class to
address employees at every Lifeguard Recertification course.
City -ANBOL MOU
July 1, 2012 through June 30, 2014
Page 8 of 9
D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by
submitting the request in writing, as provided in the Fire Department Standard
Operating Procedure. Leaves of absence will only be permitted once within a
rive year period.
E. Classification Study
At the time of adoption of this 2012 -2014 MOU, the City is undergoing a
comprehensive study of its classification and compensation program. The City
agrees to review the classifications of Lifeguard 1, 11, and ilr for the purpose of
assessing appropriate classification structure and assignment.
Executed this day of , 2013:
ATTEST:
M
ASSOCIATION OF NEWPORT BEACH OCEAN
LIFEGUARDS
By:
Chris Graham, President
f:+ii> Ir7i kfATiI0i7 A d Ius3:1
0
Leilani Brown, City Clerk
Keith D. Curry, Mayor
APPROVED .AS TO FORM: �q
Aaron C. Harp, City Attorney o! 1i 13
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -64 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 13th day of August, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Mayor Curry
Nays: None
Absent: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14t" day of August, 2013.
44M
City Clerk
Newport Beach, California
(Seal)