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Home My WebLink About9459 - C-2060 Fire Fighters AssociationRESOLUTION NO. 9459 is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE MEMORANDUM OF UNDERSTANDING NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION AND THE CITY REPRESENTATIVE (C-aoto O) WHEREAS, Resolution No. 7173 of the City Council of the City of Newport Beach provides that the City Repre- sentative and Representatives of the Newport Beach Fire Fighters Association will meet and confer in good faith regarding matters within the scope of representation; and WHEREAS, the City Representative and Representatives of the Newport Beach Fire Fighters Association have jointly recommended approval of this Memorandum of Understanding by the City Council, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Fire Fighters Association, a copy of which is attached hereto and made a part hereof, and authorizes the City's Representative to execute same on behalf of the City, effective July 1, 1978. ADOPTED this 13th day of November V tl - Mayor ATTEST: City Clerk ERTIFIED AS T ORIGINAL .._ ............. .......... CITY CLERK OF THE CITY OF NEWPO+ BEACH ®ATEs NOV. 1 5 1978 1978. DDO /kb 10/5/78 ( ;j' • 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 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 Bum 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- applicable to all affected employees shall be as follows: 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 (150). 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 o 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 (150). 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 o 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 1.979 -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 'r# 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- • 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 �<S Z' day of 1978. CITY OF NEWPORT BEACH NEWPORT BEACH FIRE FIGHTERS ASSOCIATION By /�GU ��c a� ,_ By WAYNE SCHWA_DIFL,._Assistant EDr GREEN, President t`Q. the City Manager, `'C ty // /'Repr'' esentative By G ORGr- APPAS, Fi n SAMUEL J. WBLLS, Direc r City Rep' sentative Association Representative APPROVED AS TO FORM: tGQ. DENNIS D. O'NEIL, City Attorney am