HomeMy WebLinkAbout2010-128 - Supplemental MOU for Fire Management AssociationRESOLUTION NO. 2010 -128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING A SUPPLEMENTAL MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT
BEACH FIRE MANAGEMENT ASSOCIATION
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 Newport Beach Fire Management Association for the period of
January 1, 2008, through December 31, 2010; and
WHEREAS, representatives from the City of Newport Beach and the Newport Beach
Fire Management Association 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 modify the
Memorandum of Understanding between the City of Newport Beach and the Newport Beach
Fire Management Association by adopting the Supplemental Memorandum of
Understanding:
NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE
as follows:
Section 1. The term of the Supplemental Memorandum of Understanding shall
be for 12 months, extending the current Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Fire Management Association to December 31,
2011.
Section 2. Additional changes to wages and benefits shall be modified
pursuant to the provisions of the Supplemental Memorandum of Understanding (Exhibit).
Section 3. All other terms of the current Memorandum of Understanding
between the City of Newport Beach and the Newport Beach Fire Management Association
shall remain unchanged.
ATTEST:
a,
City Clerk
Adopted this 23rd day of November, 2010.
Mayor
EXHIBIT
SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION
This Supplemental Memorandum of Understanding modifies the Memorandum of
Understanding between the City of Newport Beach and the Newport Beach Fire
Management Association for the period of January 1, 2008 to December 31, 2010.
Upon the signing of this Supplemental Memorandum, the 2008 -2010 MOU is modified
to incorporate these changes.
SECTION 1. GENERAL PROVISIONS
B. Duration of Memorandum —Amend to read:
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
remain in full force and effect until December 31, 2011, 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, NBFMA will submit preliminary requests for
changes in wages, fringe benefits and other terms and conditions of
employment not less than 90 days prior to expiration of the MOU,
and that the parties will begin negotiations promptly, with the
objective of reaching an agreement by December 31, 2011.
SECTION 4. FRINGE BENEFITS
D. The Retirement Benefit — Amend to read:
Pursuant to Section 20691 of the California Government Code, the
City shall pay to PERS, on behalf of all safety employees covered
by this agreement and hired before November 23, 2010, (or the
effective date of the change in the newly hired employees
contribution, whichever is later) 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. For safety employees hired into the City
after November 23, 2010 (or as soon thereafter as possible based
on PERS approval), the City will pay 3.5% of the member
contribution. Such employees will be eligible to receive the 9% the
beginning of their 6th year of uninterrupted service. In addition, the
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amount of the City payment of member contributions (EPMC) 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 employees' accounts maintained by PERS in accordance with
Section 20691 of the California Government Code. NBFMA
acknowledges that the City is making this payment pursuant to a
specific request of NBFMA to do so.
2. The City's contract with PERS shall also provide for:
a. A 3% @ 50 retirement formula pursuant to the provisions of
Section 21252.01 of the California Government Code.
b. The military service credit as public service pursuant to
Section 21024 of the California Government Code and the
highest year benefit pursuant to Section 20042.
C. The Level 4 1959 Survivors Benefits.
d. Pre - retirement option settlement 2 death benefit pursuant to
Section 21548.
3. Effective November 6, 2010, all safety unit employees hired into the
unit July 31, 2010 or later will contribute 3.5% of base pay towards
retirement costs. Employees hired into the unit prior to July 31,
2010 will pay 5.0 %, also effective November 6, 2010. Both of these
payments will continue through December 31, 2011. These
payments will be made on a pre -tax basis through payroll deduction
pursuant to IRS Code Section 414(h)(2). This contribution will not
affect the reporting of the 9% EPMC for employees hired before
November 23, 2010 (Section 20636)(c)(4) of the California
Government Code.
NEW SEC. TRIAL 48/96 SCHEDULE
The Fire Department has implemented a trial 48/96 schedule. The
schedule may be canceled by the Department, at its discretion.
Except as provided herein, the Memorandum of Understanding between the City and
the Newport Beach Fire Management Association remains in full force and effect.
Signatures are on the next page.
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Executed this day of , 2010:
NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION:
m
CITY OF NEWPORT BEACH
BY:
Keith D. Curry, Mayor
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM:
David R. Hunt, City Attorney
Chip Duncan, President
Jeff Boyles, Negotiator
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2010 -128 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 23rd day of
November, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of November, 2010.
City Clerk
Newport Beach, California
(Seal)