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HomeMy WebLinkAbout15 - Marine Safety Officers Association MOUTO: CITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. 15 December 13, 2005 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Memorandum of Understanding with Marine Safety Officers Association Attached is the Memorandum of Understanding (MOU), signed by officers of the Association. The MOU uses the new name for the Association, which is Lifeguard Management Association. The salary adjustment provisions of the MOU were stated incorrectly in the original staff report, and should read as follows: 2. Salary Adjustments: • January 2005 0 3% across the board 0 9% market adjustment for Lifeguard Officer 3% July 2006, plus 1% for contribution to retiree medical • January 2006 o 1% special adjustment concurrent with retiree medical program • July 2006 o 3% across the board Submitted by: Sharon Wood Assistant City Manager Attachment: Memorandum of Understanding between the City of Newport Beach and the Newport Beach Lifeguard Management Association MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION This Memorandum of Understanding (hereinafter referred to as "MOU ") is entered into with reference to the following: PREAMBLE 1. Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY ") and authorized representatives of the NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as "NBLMA ") 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 NBLMA (hereinafter referred to as "EMPLOYEES ") for the period of January 1, 2005 through June 30, 2006. 2. NBLMA representatives have reached an agreement as to wages, hours and other terms and conditions of employment to apply to all affected EMPLOYEES for the time period defined above. 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 January 1, 2005, as follows: SECTION 1. GENERAL PROVISIONS A. Duration of Memorandum The terms of this MOU are to remain in full force and effect beginning January 1, 2005 through June 30, 2006. B. 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. 1 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. C. Conclusiveness Except as provided for in this agreement, 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 relating primarily to matters within the scope of representation except as expressly provided for 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, which is not embodied in this MOU. Any changes to any salaries, benefits or terms and conditions of employment within the scope of representation not embodied in this MOU shall require prior mutual agreement signed by the Mayor and the Newport Beach Lifeguard Management Association President. D. Savings 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 alternate benefits agreeable to NBLMA, to EMPLOYEES to receive the same amount of money as they would have received had such provision not been declared invalid. E. Other Terms and Conditions 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. 2 F. Unit Classification Titles Unit classifications are listed in Exhibit A. Effective with the ratification of this Memorandum of Understanding, Unit classification titles shall be modified as follows: Lifeguard Captain to Lifeguard Battalion Chief Lifeguard Lieutenant to Lifeguard Captain For all compensation comparison purposes, actual job duties, and not classification titles, will be utilized. SECTION 2. COMPENSATION A. Salary Adiustments 1. Effective December 25, 2004, the City shall increase base salary for all unit classifications by three percent (3 %). 2. Effective December 25, 2004, the Lifeguard Officer classification will also receive a nine percent (9 %) base salary market adjustment. 3. Effective June 24, 2006, the City shall increase base salary for all unit classifications by three percent (3 %). 4. 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 4.E.2) base salaries shall be increased by 1 %. B. Special Assignment Pay Employees certified for boat operations or dive shall receive additional compensation of 2.5% of base salary for their job classification. C. Overtime Unit employees shall receive overtime compensation for all hours worked in excess of forty (40) in any work period. Paid time off shall be considered time worked for the purposes of calculating overtime. Unit employees shall have the option of requesting compensatory time off (CTO) for all overtime, including training time, during the term of this agreement. All compensatory time off shall be subject to existing City rules providing for 3 maximum (CTO) accrual of eighty (80) hours at time and one half on the books or 120 actual hours. D. Uniform Allowance The City shall pay the entire cost of providing LMA members with each component of the required LMA uniforms. The required LMA uniform includes uniform pants, uniform shirts, safety shoes, badges and insignias, uniform jackets and liners, belts, dive equipment, foul weather gear, personal floatation device and helmet. The City shall not be responsible for providing employees with socks, underwear, cap, workout shoes, or other clothing. The City will shall report the value of provided uniforms at $488 to PERS in accordance with PERS requirements. E. Call Out Call out compensation shall be in accordance with the following provisions: 1. All emergency call out time shall be calculated to the nearest one quarter (1/4) hour of time worked. 2. For forty (40) hour employees, a minimum of two (2) hours (including travel time) of pay at the rate of one and one half (1 1/2) times the employee's regular hourly rate of pay shall be guaranteed for each emergency call out F. Scholastic Achievement Pay NBLMA members are entitled to additional compensation contingent upon scholastic achievement ( "Scholastic Achievement Pay "). LMA 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 LMA 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. Effective upon ratification of this agreement, LMA members shall receive scholastic achievement pay in accordance with the following: 4 G. It Years of Total College % of Actual Step Service Semester Units in Job Class Range 2 or more 30 1.5% 3 or more 60 2.5% 3 90 3.5% 4 or more 90 3.5% 4 120 4.5% 4 B.A. /B.S. 5.5% 4 M.A. /M.S. 6.5% Night Standby An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than during normal working hours shall be guaranteed two (2 1/2) and a half hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. All unit employees shall be required to maintain residency within thirty (30) minutes driving time from the Marine Safety Headquarters in order to be eligible for standby duty. Driving time shall be defined as driving the most direct route at the posted speed limit. Move -up Pay 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 regularjob classifications. Employees temporarily upgraded to the following job classifications and equivalent positions 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 one (1) working hour or longer. Lifeguard Captain Lifeguard Battalion Chief 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. 5 1. Court Standby Pay NBLMA 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. NBLMA 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 All employees hired after July 1, 1990 will be included in the Flexible Leave Program. 1. Basis for Accrual Effective the first full pay period following ratification of this agreement, permanent full -time employees enrolled in the flex leave program will earn leave in accordance with the following schedule: Years of continuous Accrual per Longevity Service pay period/hrs Pay Increase 1 but less than 5 5.54 0 5 but less than 9 6.15 0 9 but less than 12 6.77 0 12 but less than 16 7.69 0 16 but less than 20 7.69 1.0% 20 but less than 25 7.69 1.5% 25 and over 7.69 2.5% During the first six months of employment, new regular full -time employees shall not accrue paid leave. At the completion of six months of employment six (6) months of accrued flex leave will be placed in the employees account. Note: If an employee becomes sick in the first six months of employment, the City will advance up to six (6) months of potentially accrued flex leave time to be used for illnesses only. If employee terminates employment 11 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 six (6) months of accrual placed in the employees account upon completion of six months employment. 2. Limit on Accumulation Employees may accrue flex leave up to an accumulated total equal to seventy eight (78) times the member's bi- weekly accrual rate. 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. Members hired prior to July 1, 1996 shall be paid for earned flex leave in excess of the maximum permitted accrual at the member's hourly rate of pay. Members shall be eligible for flex leave spill over pay only if they have utilized at least eighty (80) hours of flex leave the previous calendar year. Employees who have not utilized the required amount of leave the prior calendar year shall not be eligible to accrue time above the maximum accrual limit. Employees first hired, or rehired by the City subsequent to July 1, 1996 shall not be eligible for flex leave spill over pay and shall not be entitled to accrue flex leave in excess of the flex leave accrual threshold. 3. Method of Use Flex leave may not be taken in excess of that actually accrued and in no case, except for illness, may it be taken prior to the completion of an employee's initial probationary period. The Department Director shall approve all requests for flex leave taking into consideration the needs of the Department, and whenever possible the seniority and wishes of the employee. Flex leave may be granted on an hourly basis. Any fraction over an hour shall be charged to the next full hour. B. Vacation 1. Basis for Accrual /Full -Time Employees Employees entitled to vacation leave- with -pay shall accrue such leave based on years of continuous service and the number of hours in a normal workweek for the position to which they are assigned in accordance with the following schedule: Years of Accrual 7 C. Continuous Per 40 Hour Service Pay Period 0 but less than 5 3.38 5 but less than 9 3.99 9 but less than 12 4.61 12 but less than 16 5.22 16 but less than 20 5.84 20 but less than 25 6.46 25 and over 7.07 2. Limit on Accumulation Accrual of vacation days in excess of those earned for two years of continuous service is not permitted past December 31 st of each year with the following exception: with approval of the Department Director, an employee may accrue vacation days in excess of the two -year limit provided all such excess accumulation is taken by March 31st of the following year. 3. Method of Use Vacation may not be taken in excess of that actually accrued and in no case, except for entry-level employees, may it be taken prior to the completion of an employee's initial probationary period. Entry level employees may use vacation after the completion of the initial six (6) months of probation. The Department Director shall schedule and approve all vacation leaves for employees taking into consideration the needs of the Department, and whenever possible, the seniority and wishes of the employee. Vacation leave may be granted on an hourly basis. Use of Flexible and Vacation Leave Level A staffing shall run from June 15th through Labor Day. During this period of time, full -time personnel may be limited to a total of forty (40) hours usage of vacation/flex leave. Additional vacation/flex leave during this period may be approved if, in the opinion of management, adequate staffing levels can be maintained. The Department shall develop a policy defining when approved vacation /flex leave times shall not be subject to cancellation. The City will budget eighty (80) hours of overtime per employee per year for vacations /flex leave backfill. Concurrently, the City and NBLMA will jointly review procedures defining minimum staffing and the hours for night call out. Any N changes to these areas fall within the scope of representation and will be subject to the meet and confer process. Sick Leave 1 2. Basis for Accrual /Full -time Employees Full -time, regular employees shall accrue sick leave based on the number of hours in a normal workweek for the position to which they are assigned in accordance with the following schedules: Normal Work Week 40 hours 0- - 1 year 4 hours per month 1 -2 years 5 hours per month 2 -3 years 6 hours per month 3 -4 years 7 hours per month 4+ years 8 hours per month After the 3rd year level, and the 5th year level, employees will be required to maintain the same number of hours as required of other permanent employees. Employees accruing sick leave hours under the above formula and enrolled in the City's Disability Program will be eligible for City -paid Disability Insurance premiums as follows: 50% at 88 hours, 100% at 208 hours. Method of Use a. General Sick leave may not be taken in excess of that actually accrued. Except as noted, an employee serving his /her initial probation period is eligible to use his /her accumulated sick leave provided that if for any reason his /her City employment is terminated prior to the completion of such probationary period, his /her final pay check shall be reduced by the value of the sick leave he /she has taken. After completion of the initial six (6) months probation period, entry- level employees shall not have used sick leave deducted from their final paycheck if they have maintained a satisfactory or higher performance evaluation rating throughout the probationary period. Sick leave may be granted on an hourly basis. 9 b. Approval Sick leave may be granted only at the direction of or with the approval of the Department Director and only for the purposes defined in Section 11.2.A of the Employee Policy Manual. 3. 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 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. E. Family Sick Leave Unit employees shall be entitled to use an amount of time equal to one -half (1/2) of their annual sick leave accrual for an illness of a dependent which requires the presence of the employee. Such time may be taken from the employee's annual sick leave accrual or sick leave bank, at the employee's choice. Leave shall be administered in accordance with the provisions of Section 11.2 of 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. For purposes of family sick leave, family member shall mean spouse, parent, (parent shall mean biological, foster, or adoptive children, a stepchild, a legal ward, or a child of a person standing in local parentis): F. Holiday Time Subject to the provisions herein, the following days shall be observed as paid holidays by all employees in permanent positions and other personnel whose work assignments, in the judgment of the Department Director, require their presence on the job. For each designated holiday, except the Floating Holidays, such personnel shall receive an equivalent number of hours of paid leave or equivalent pay whichever in the judgment of the Department Director best serves the interest of the Department. 10 Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Christmas Eve Christmas New Year's Eve New Year's Day Martin Luther King Day Washington's Birthday Memorial Day Floating Holiday (1) July 4 1st Monday in September November 11 4th Thurs. in November Last 1/2 of working day December 25 Last 1/2 of working day January 1 3`d Monday in January 3rd Monday in February Last Monday in May For employee's birthday or other holiday. Eligibility and use according to Memorandum of Understanding. Holiday pay will be paid only to employees who work their scheduled day before the holiday and scheduled day after a holiday or are on authorized leave (e.g., approved vacation, sick leave, or flex leave that has been reviewed and approved by the Department Director). 2. Newly hired employees will be eligible to receive full pay for scheduled holidays, without a waiting period. 3. "Floating Holiday" eligibility allows for newly hired employees to earn their first floating holiday credit, eight (8) hours, at the same time as they receive their regular appointment status, upon the successful completion of their probationary period. 4. Effective July, 2003 all employees will 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 48 of the 96 hours of the annual benefit to cash must so convert 48 hours of earned holiday benefits each year thereafter. 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. Newly hired employees will make this election at the time of hire. 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. 11 G. M Bereavement Leave The provisions of the Bereavement Leave Policy applicable to affected employees are as follows: Defined. The necessary absence from duty by an employee having a regular or probationary appointment, because of death or terminal illness in his /her immediate family. For the purposes of this section, immediate family shall mean father, mother, brother, sister, wife, husband, child, father -in -law, mother -in -law and grandparents. Maximum Allowed. Such leave shall be limited to five (5) working days per calendar year per occurrence. Probationary Employees. An employee serving his /her initial probationary period who takes leave under this section who for any reason terminates his /her employment prior to the completion of such probationary period shall have his /her final pay check reduced by the value of the leave taken. 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: LESS THAN 10 10 BUT LESS THAN 15 15 BUT LESS THAN 20 20 OR MORE PERCENT OF UNUSED SICK LEAVE PAID FOR: NONE 25% 37.5% 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). 12 Leave Pay -Off For the term of the agreement, NBLMA members shall receive payment for any accrued leave upon termination at the rate of 109% of their base hourly rate. SECTION 4. FRINGE BENEFITS A. Insurance Benefits Information Committee City has established a Medical /Dental Information Committee composed of one representative from each employee group and up to three City representatives. The Medical /Dental 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 care issues. The purpose of this Committee is to provide each employee group with information about health care issues and to receive timely input from associations regarding preferred coverage options and levels of coverage. 2. City Contribution The City has implemented an IRS qualified Cafeteria Plan. NBLMA members shall participate in this plan. The City contribution toward the Cafeteria Plan shall be as set forth below. 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 Beach Marine Safety Officer 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 25, 2004, the City's contribution towards the Cafeteria Plan will increase to $674, (plus the minimum CaIPERS participating Employer's contribution). Effective December 24, 2005, the City's contribution towards the Cafeteria Plan will increase to $724, (plus the minimum CaIPERS participating employer's contribution). LMA 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 13 F.] 11.11, liability to provide medical insurance coverage on an annual basis. Should the City increase the Cafeteria Plan contribution for other represented employee groups in excess of the amount reflected herein, it will, upon request, reopen negotiations on the Cafeteria Plan contribution with NBLMA. 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. Additional Health Insurance /Programs Kj 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: Weekly Benefit Maximum Benefit Minimum Benefit Waiting Period 14 66.67% gross weekly wages $10,000 /month $50 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 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. NBLMA acknowledges that the City is making this payment pursuant to a specific request of NBLMA to do so, that the City has made significant financial commitments to NBLMA 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 NBLMA (which included Leave Premium Pay Accounts, changes in the calculation of 15 "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 NBLMA 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. 3. 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. 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 CalPERS medical insurance plan and the mandatory minimum employer contribution to said plan on behalf of the annuitant. a. The City has implemented a $400 per month cap for retiree medical insurance premium contributions as provided for in previous Memoranda of Understanding between the City and the NBLMA. 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. Retirees shall be responsible for any remaining medical insurance premiums under this program to a maximum of Four Hundred ($400.00) Dollars. Retirees shall be responsible for any remaining medical insurance premiums. The employee's current share of the retirement contribution shall be $44.07 per month. Subsequent contribution levels shall be set in July per the retirement formula described above. Prior to increasing the deductions for the employee's contribution share, the City shall provide NBLMA with documentation supporting 16 .. .. ........ . . .. .. .. . 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 NBLMA 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 described above, each NBLMA 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 NBLMA mutually agree to end the funding on behalf of NBLMA 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 D1 (a) above. In the event the retiree medical insurance program described herein is discontinued, NBLMA members will receive an accounting on any remaining funds and the City will immediately meet and confer with NBLMA on the distribution of said funds back to active (not retired/full -time) City employees in the NBLMA unit. The City will provide NBLMA with an annual report certified by the City Finance Director describing the balance, interest earnings, and any expenditures of the trust account described herein. The City agrees to meet and confer with NBLMA upon request with regard to alternative programs and /or funding methods for retiree medical insurance premiums for NBLMA members, if retiree medical insurance benefits are upgraded for another bargaining unit during the term of this MOU. 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 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). 17 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. 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 31St of the prior year). 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 20% of sick leave. Any future changes to this level of contribution shall be 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. 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 18 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 "cashed out," based on time of service. The manual also caps the number of hours that can be "cashed out' at 800, and species 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 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 19 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 CalPERS 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 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. 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 20 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 old 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 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. 21 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 NBLMA 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. 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. 22 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 Classification or Series calculated from the date on' which the employee was first granted permanent status in their current Classification or any Classification within the Series, 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. 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, based upon seniority within a series, 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. 2. Procedures In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: 23 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 Lifeguard 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 24 A C. E. F name from the re- employment list by sending written confirmation to the Human Resources Manager. 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. Discipline Any discipline shall be in accordance with the Department SOP and the Employee Policy Manual. Health and Fitness Evaluations All NBLMA members shall participate in the Department Fitness Program. Provision for Sun Protection 1. The City will provide for one pair of sunglasses per year for each unit employee. The cost allowance will be determined through reference to the cost of a base line pair. 2. The City agrees to provide an additional $$300.00 (not restricted to use at Lifeguard Store) per year in sun protection materials for all unit employees. 3. Each unit employee shall receive an annual skin cancer screening will be conducted either on or off duty at the Department's discretion. Employees directed to receive this screening off duty shall receive one (1) hour of compensatory time off as compensation. Fitness Equipment and Exercise Time At a time, during the life of this MOU, selected by NBLMA, the City will provide up to $3,000.00 per year towards the purchase of fitness equipment to be used off duty for the intended benefit of NBLMA for the term of this agreement. The actual equipment to be purchased shall be recommended by NBLMA, and shall require the final approval of the Fire Chief. Unit employees shall be allowed up to three (3) hours per week for physical fitness training. Lifeguard Officers Schedule Lifeguard Officers shall continue to work a 4 -10 schedule, unless the schedule is modified through standard departmental procedures. 25 G. Employee Policy Manual The City and LMA have agreed on implementation of the City's revised Employee Policy Manual. H. Direct Deposit All Unit employees shall participate in the City's Direct Deposit Program. I. Part-Time Conversion Part-time Lifeguard IV employees converted to full -time status in January 2000 shall utilize their original Lifeguard IV hire date as their anniversary date. Any changes resulting from this change shall be prospective only. Executed this day ATTEST: (O NEWPORT BEACH W 2005: MANAGEMENT ASSOCIATION CITY OF NEWPORT BEACH LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin Clauson, City Attorney 26 Newport Beach Lifeguard Management Association Represented Classifications Lifeguard Officer Lifeguard Captain Lifeguard Captain - Boat Lifeguard Captain - Dive Lifeguard Battalion Chief Lifeguard Battalion Chief - Dive 27 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 December 13, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport - beach.ca.us SUBJECT: Memorandum of Understanding with Marine Safety Officers Association RECOMMENDATION: Approve the Memorandum of Understanding (MOU) with the Marine Safety Officers Association (MSOA) for the eighteen month period of January 2005 through June 2006. DISCUSSION: Background: The MOU with MSOA expired on December 31, 2004. As with the MOUs with other employee associations, one of the most important issues was an improved retiree medical program. The complexity of this issue, and other issues of interest to MSOA, extended the negotiation period. We have concluded negotiations and reached tentative agreement on a new MOU, which is consistent with direction from the City Council and with provisions for the first eighteen months in MOUs with other safety employee associations. MSOA members have ratified the agreement. MOU Provisions: 1. Term: 18 months 2. Salary Adjustments: • January 2005 c, 3% across the board n 9% market adjustment for contribution to retiree medical • July 2007 o 3% across the board Lifeguard Officer 3% July 2006, plus 1% for MOU with Marine Safety Officers Association December 13, 2005 Page 2 3. Flex Leave: • Eliminate "2nd tier" • Convert some leave accrual to longevity pay 4. Health Benefit: • $674 per month January 2005 • $724 per month January 2006 5. Retiree Medical Benefit: Effective December 31, 2005, the City will provide a new retiree medical program. 6. Classification Titles: Change titles as follows, with provision that compensation comparisons with other agencies will be based on actual job duties, not job titles. Marine Safety Captain to Lifeguard Battalion Chief Marine Safety Lieutenant to Lifeguard Captain Marine Safety Officer to Lifeguard Officer Funding Availability: The provisions of this MOU were anticipated during preparation of the 2005 -06 budget, and sufficient funds are included in the budget. Submitted by: Sharon Wood Assistant City Manager Attachment: Memorandum of Understanding between the City of Newport Beach and the Newport Beach Marine Safety Officers Association