HomeMy WebLinkAboutC-2058 - Newport Beach Ocean Lifeguard Association (NBOLA)90-93
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
C - 2-r 59
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as "CITY") and authorized representatives of the
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter
referred to as "NBOLA") 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 NBOLA (hereinafter referred to as "EMPLOYEES") for the
fiscal years of 1990-91,1991-92, &1992-93.
B. NBOLA representatives have reached an agreement as to wages, hours
and other terms and conditions of employment to apply to all affected
EMPLOYEES for the 1990-93 fiscal years. Said EMPLOYEES desire to reduce
their agreement to writing, and to present such agreement, in the form of this
MOU, to the City Council of the City of Newport Beach for approval.
1
90-93
NOW, THEREFORE, this MOU is made and entered into by the parties hereto
effective July 1, 1990, subject to approval by the City Council of the City of
Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 1, 1990, the CITY and NBOLA agree that the salaries for each
classification will be set forth in the salary schedule attached hereto as
Appendix 'A', and that for the life of this agreement, employees covered by
this M.O.U. will benefit from salary adjustments, to be made effective on the
first pay period of each fiscal year, calculated to be equal to the average of the
total compensation increases granted to the Newport Beach Police (sworn)
and the Firefighters.
ARTICLE 2
Other Terms and Conditions of Employment
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
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90-93
ARTICLE 3
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the Compensation for
Overtime Provision currently applicable to affected employees to provide
compensation at one -and -one-half (1.5) times the hourly equivalent of the
employees bi-weekly salary rate for approved unscheduled overtime only.
Scheduled overtime will remain at straight time.
ARTICLE 4
Vision Care
Effective July 1, 1985, a limited vision care plan shall be added to the City's
Indemnity Insurance Plan.
ARTICLE 5
Bereavement Leave
Effective June 22, 1985, CITY shall amend the provision of the Bereavement
Leave Policy currently applicable to affected "EMPLOYEES" as follows:
"The necessary absence from duty by an employee having a regular or
probationary appointment, because of the death or terminal illness in
his/her immediate family."
Q
90-93
ARTICLE 6
Educational Incentive Pay
Effective June 22, 1985, the educational incentive pay shall be increased by
20% at each level to compensate in the following manner:
Years of
Total College
Compensation
Service
Semester Units
Per Month
2
30
$ 30.00
3
30
30.00
3
60
60.00
3
90
90.00
4
30
30.00
4
60
60.00
4
90
90.00
4
120
$ 120.00
Effective July 1, 1990, the Tuition Reimbursement limits will be
increased to the same level as charged by the University of California at
Irvine for part-time student enrollees (including parking fees) as of Spring
1990. This benefit may be accessed in a lump sum.
The annual combination of UCI tuition and parking fees, as of Spring
1990, is $1,550.00 which will modify the City reimbursement limits to be as
follows:
$1,550.00 maximum per year
rd
90-93
ARTICLE 7
Family Sick Leave
Effective June 22, 1985, the Family Sick Leave provisions shall be increased
from 8 hours per year to 40 hours per year.
Effective July 4, 1987, the eligibility definition for 'family sick leave' will be
changed from 'immediate family' to 'dependent'.
ARTICLE 8
Stress Test for Dive Team
The CITY will provide for a physical stress test similar to the one in place for
the Newport Beach Fire Department for NBOLA members who are active
members of the dive team.
ARTICLE 9
Dental
Effective July 5, 1986, the annual maximum benefit under the indemnity
dental plan will be increased from $750.00 to $1,000.00
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90-93
ARTICLE 10
Provision for Sun Protection
1.) Effective July 1, 1986, the CITY will provide for one pair of
sunglasses per year. The cost allowance will be determined through
reference to the cost of a base line pair.
2.) Effective July 1,1989, The CITY agrees to pay provide an additional
$50.00 per year in sun protection materials for each regular full-time
Marine Safety Officer (MSO).
ARTICLE 11
Drug Testing
The CITY may drug test NBOLA members on a random and mandatory basis
only if requested by the NBOLA and authorized by the City Council. NBOLA
also agrees to participate in an ad hoc committee to prepare a "for cause" drug
testing policy.
ARTICLE 12
Special Assignment Pay
Effective July 2, 1988, NBOLA members assigned to either the Boats or the
Dive Team will be entitled to assignment pay provided they satisfy the
following requirements:
1.) Premium boat assignment pay: Boat operators with 0-2 years of
continuous service shall receive $50.00 per month. Boat operators with
two (2) years of more of continuous service in that assignment will
receive $75.00 per month.
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90-93
2.) Premium dive team assignment pay: Dive team members with 0-
2 years of continuous service shall receive $75.00 per month. Dive
team members with two (2) years or more continuous service in that
assignment, provided they complete a minimum of 24 hours of dive
time annually ... $25.00 per month, payable annually as a $300.00 lump
sum between January 1 and January 15 of each year.
3.) Effective July 1, 1989, the CITY agrees to pay an additional 2% of
salary to each MSO who acquires and maintains certification as an
Emergency Medical Technician (EMT). The CITY and NEBOLA agree
that the EMT certification shall be added as a minimum qualification to
the MSO classification specification, thus requiring all new MSO's to
acquire EMT certification prior to . appointment.
ARTICLE 13
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and Newport Beach Employee's
Associations agree to re -open the contract for the purpose of meeting and
conferring on the issues of modifying the current Health Insurance Plan and
providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY
will allow the previously enrolled spouse of a retiree to continue to be
covered under the Retiree Health Insurance Plan.
ARTICLE 14
Medical Advisory Committee
Effective July 1, 1990, the CITY shall meet with a medical -dental advisory
committee during the months of July, December, February, and April. The
committee shall be comprised of one representative from each bargaining
unit and up to 3 management representatives. Committee advisory
90-93
functions shall include, determination of coverage, preparation and
solicitation of bids, consultation with the CITY's broker, determination of
plan coverages, selection of carrier and coverage options. Meetings and
determinations shall be coordinated to facilitate inclusion in the the
collective bargaining process. Special meetings may be called at any time by
either the City's Personnel Director or by a majority of the committee
members.
The NBOLA authorizes the CITY'S Personnel Director to test the Health
Maintenance Organization (HMO) provider contracts against market bids, and
change providers as long as the following conditions are satisfied:
1.) The new provider must have a service reputation equal to, or
better than the incumbent provider.
2.) The new provider must have as many or more facilities than
the incumbent provider.
3.) The new provider's bid must be at least 10% lower than that of
the incumbent provider.
4.) The incumbent provider will be advised of the bid status, and be
allowed to submit a competitive bid at the same as the others.
ARTICLE 15
Vacation Accrual
The CITY will maintain its current vacation accrual schedule, but will reduce
the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and
21 years to 20 years.
90-93
ARTICLE 16
Holidays
Effective with the beginning of 1986 - 1987 Fiscal Year and for every year
thereafter, the CITY will consider 'Columbus Day' a normal business day, and
conduct normal operations of 'Columbus Day'.
The Holiday formally observed city-wide on 'Columbus Day' will be
converted to a floating holiday which may be used by any eligible employee,
with supervisory approval, any time during the Fiscal Year.
Full-time, regular employees hired on or after July 5, 1986, must have worked
for the CITY for a minimum of one year to be eligible for this holiday.
All full-time, regular employees will be eligible for the 'birthday holiday'
from their date of hire. Although this holiday is granted the employee in
honor of their birthday, the employee may use this benefit, with supervisory
approval, at any time during the fiscal year.
The CITY encourages eligible employees to use their floating holidays
annually prior to their use of any vacation time.
M
90-93
ARTICLE 17
Holiday Pay Eligibility
Effective July 4, 1987, the personnel Resolution shall be modified to reflect the
following limitations on eligibility for holiday pay:
1.) Holiday pay will be paid only to employees who work their
scheduled day before and scheduled day after a holiday or are on
authorized leave (e.g., approved vacation or sick leave that has
been reviewed and approved by the Department Director).
2.) Employees will be eligible to receive holiday pay only after they
have been in active paid status for 30 consecutive days.
ARTICLE 18
The Retirement Benefit
The CITY will modify its contract with P.E.R.S. to allow for the best/highest
year calculation. The CITY will pay the total extra cost of the highest year
benefit for the first year and phase it into total comp. at the rate of 20% per
year until it is 100% included in the total comp. calculation. Employees who
elect to do so will be allowed to pay their own P.E.R.S. contribution (9%) in
their last year of employment.
ARTICLE 19
Flexible Leave Program
Employees covered by this agreement, hired before July 1, 1990, will have the
option to either remain in the traditional vacation/sick leave program or to
participate in the Flexible Leave Program. Employees who elect to participate
in the Flexible Leave Program may make their selection during an
enrollment period which will open on July 1, 1990 and close on August 17,
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90-93
1990, and the program will become effective on September 1, 1990. All
employees hired after July 1, 1990 will be included in the Flexible Leave
Program.
ARTICLE 20
Sick Leave
Full-time, regular employees hired on or after July 5, 1986, and before July 1,
1990, will accrue sick leave in the following manner: (unless they elect to
participate in the Flexible Leave Program)
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 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 hour
100% at 208 hours
Sick Leave Conversion
Effective July 4, 1987, employees who at the end of the calendar year have an
accrued level of sick leave equal to or greater than the full value of 40 months
11
90-93
of accrued sick leave, and who have used six or less days of sick leave during
that calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted to
paid vacation shall require the approval of the Department Director.
ARTICLE 21
Long/Short Term Disability Insurance (LTD/STD)
Effective July 2, 1988 the ceiling on insured income under STD/LTD plan will
be increased to $7,500/month for non -industrial disability claims. The
maximum benefit will be up to $5,000 per month. Disabilities resulting from
industrial injuries will be maintained at the current limit of $2,625 per month
with a maximum benefit of $1,750 per month. When an employee having
five years of continuous service, but less than ten with the CITY is on an
approved disability leave of absence (up to a maximum of one-year), the CITY
will pay one-third of the cost of the employee's insurance premiums (health,
dental, life and disability); for an employee with ten years of continuous
service, but less than fifteen, the CITY will pay two-thirds of the cost; the CITY
will pay the entire cost for an employee with fifteen or more years of
continuous of service.
12
90-93
ARTICLE 22
Health Care Plans
Effective July 1, 1989, the CITY agrees to cap its contribution to employee
health care plans at $400.00 per month.
ARTICLE 23
Discipline - Notice of Intent
Employees who are to be the subject of substantial punitive discipline for any
misconduct or negligence shall be entitled to prior written notice of intent to
discipline at least seven (7) calendar days prior to the imposition of the actual
penalty.
This written notice shall contain a description of the event or conduct which
justifies the imposition of discipline. The notice shall also include the
specific form of discipline intended, and the employee shall be offered the
opportunity to a hearing before their department director prior to the
imposition of the penalty.
This procedure will only be applied in cases of substantial punitive discipline
It shall be understood that a disciplinary penalty equal to an unpaid
suspension of three (3) days or greater shall be substantial. All other
13
90-93
discipline resulting in less than a three (3) day suspension will be considered
non -substantial and will not be subject to the aforementioned procedure.
This understanding is not intended in any way to reduce the rights of
employees to due process. Employees who have become the subject of
discipline and who believe that the penalty is not justified shall have access to
the grievance procedure as established in the "Employee -Employer"
Resolution #7173.
ARTICLE 24
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions agreed
upon by the parties. Therefore, except for Article II of this agreement, for the
life of this MOU, neither party shall be compelled, and each party expressly
waives its rights to meet and confer with the other, concerning any issues
within the scope of representation, whether or not specifically met and
conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has authority to
make and none of the parties shall be bound by any statement, representation
or agreement reached prior to the execution of this MOU and not set forth
herein.
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90-93
ARTICLE 26
Duration
The terms of this MOU are to remain in full force and effect beginning with
the first pay period of fiscal year 1990-91, through the last pay period of fiscal
year 1992-93, and, thereafter, from year-to-year, unless within the time frame
and in the manner designated in Section 13, Timetable for Submission of
Requests of the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this MOU.
ARTICLE 24
Separability
Should any part of this MOU or any provision herein contained be rendered
or declared invalid, by reason of any existing or subsequently enacted
Legislation, or by decree of a Court of competent jurisdiction, such
invalidation of such part or portion of this MOU shall not invalidate the
remaining portion hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU relating to pay
schedule adjustment increases be declared invalid, CITY agrees to provide
alternative benefits agreeable to NBOLA, to EMPLOYEES to receive the same
amount of money as they would have received had such provision not been
declared invalid.
15
Executed this day of 1990
NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
by:
John Blauer
by:
, ;/o n
I
-7
r ric
ic Bauer
CITY OF NEWPORT BEA
by:
by:
AS TO FORM:
ty Attorney
PO
�
Duane K. Munson
By:
Ma r
ATTEST.
91 X, z zl— --- j0 --
City Clerk
MARINE
CLASSIFICATION
MARINE SAFETY CAPTAIN
MARINE SAFETY LIEUTENANT (EMT)
MARINE SAFETY OFFICER (EMT)
MARINE SAFETY OFFICER (NO EMT)
1990-91 l
EXHIBIT "A"
CLASS
CODE
6-000
6-005
6-010
6-015
MONTHLY
SALARY RANGE
3811- 4632
3262- 3965
2742- 3333
2690- 3270
I
_5j
89-90
MEMORANDUM OF UNDERSTANDING l
BETWEEN
THE CITY OF NEWPORT BEACH
E i7
THE NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as "CITY") and authorized representatives of the
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter
referred to as "NBOLA") 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 NBOLA (hereinafter referred to as "EMPLOYEES") for the
1988-89 fiscal year.
B. NBOLA representatives have reached an agreement as to wages, hours
and other terms and conditions of employment to apply to all affected
EMPLOYEES for the 1988-89 fiscal year. Said EMPLOYEES desire to reduce
their agreement to writing, and to present such agreement, in the form of this
MOU, to the City Council of the City of Newport Beach for approval.
11
• •
89-90
NOW, THEREFORE, this MOU is made and entered into by the parties hereto
effective July 1, 1989, subject to approval by the City Council of the City of
Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 1, 1989, the CITY and NBOLA agree that the salaries for each
classification will be set forth in the salary schedule attached hereto as
Appendix 'A'.
ARTICLE 2
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected EMPLOYEES in
existence immediately prior to the effective date of the MOU shall remain
unchanged and in full force and effect during the entire term of this MOU
unless altered by mutual agreement of the parties hereto.
ARTICLE 3
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the Compensation for
Overtime Provision currently applicable to affected employees to provide
compensation at one -and -one-half (1.5) times the hourly equivalent of the
`a
0
0
employees bi-weekly salary rate for approved unscheduled overtime only.
Scheduled overtime will remain at straight time.
ARTICLE 4
Vision Care
Effective July 1, 1985, a limited vision care plan shall be added to the City's
Indemnity Insurance Plan.
ARTICLE 5
Bereavement Leave
Effective June 22, 1985, CITY shall amend the provision of the Bereavement
Leave Policy currently applicable to affected "EMPLOYEES" as follows:
"The necessary absence from duty by an employee having a regular or
probationary appointment, because of the death or terminal illness in
his/her immediate family."
ARTICLE 6
Educational Incentive Pay
Effective June 22, 1985, the educational incentive pay shall be increased by
20% at each level to compensate in the following manner:
Years of Total College Compensation
Service Semester Units Per Month
2 30 $ 30.00
3 30 30.00
3 60 60.00
3
I'm
9
3 90
90.00
4 30
30.00
4 60
60.00
4 90
90.00
4 120
$ 120.00
Effective July 4, 1987, the Tuition Reimbursement limits will be
increased to the same level as charged by the University of California at
Irvine for part-time student enrollees (including parking fees) as of Spring
1987.
The annual combination of UCI tuition and parking fees, as of Spring
1987, is $1,275.00 which will modify the City reimbursement limits to be as
follows:
$1,275.00 maximum per year
$ 637.50 maximum per semester
$ 427.33 maximum per quarter
ARTICLE 7
Family Leave
Effective June 22, 1985, the Family Leave provisions shall be increased from 8
hours per year to 40 hours per year.
Effective July 4, 1987, the eligibility definition for 'family sick leave' will be
changed from 'immediate family' to 'dependent'.
ARTICLE 8
Stress Test for Dive Team
4
Ij
The CITY will provide for a physical stress test similar to the one in place for
the Newport Beach Fire Department for NBOLA members who are active
members of the dive team.
ARTICLE 9
Dental
Effective July 5, 1986, the annual maximum benefit under the indemnity
dental plan will be increased from $750.00 to $1,000.00
ARTICLE 10
Provision for Sun Protection
1.) Effective July 1, 1986, the CITY will provide for one pair of
sunglasses per year. The cost allowance will be determined through
reference to the cost of a base line pair.
2.) Effective July 1,1989, The CITY agrees to pay provide an additional
$50.00 per year in sun protection materials for each regular full-time
Marine Safety Officer (MSO).
ARTICLE it
Drug Testing
The CITY may drug test NBOLA members on a random and mandatory basis
only if requested by the NBOLA and authorized by the City Council.
ARTICLE 12
Special Assignment Pay
5
0
:• 1
Effective July 2, 1988, NBOLA members assigned to either the Boats or the
Dive Team will be entitled to assignment pay provided they satisfy the
following requirements:
1.) Premium boat assignment pay: Boat operators with 0-2 years of
continuous service shall receive $50.00 per month. Boat operators with
two (2) years of more of continuous service in that assignment will
receive $75.00 per month.
2.) Premium dive team assignment pay: Dive team members with 0-
2 years of continuous service shall receive $75.00 per month. Dive
team members with two (2) years or more continuous service in that
assignment, provided they complete a minimum of 24 hours of dive
time annually ... $25.00 per month, payable annually as a $300.00 lump
sum between January 1 and January 15 of each year.
3.) Effective July 1, 1989, the CITY agrees to pay an additional 2% of
salary to each MSO who acquires and maintains certification as an
Emergency Medical Technician (EMT). The CITY and NEBOLA agree
that the EMT certification shall be added as a minimum qualification to
the MSO classification specification, thus requiring all new MSO's to
acquire EMT certification prior to appointment.
ARTICLE 13
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and Newport Beach Employee's
Associations agree to re -open the contract for the purpose of meeting and
conferring on the issues of modifying the current Health Insurance Plan and
providing a Retiree Health Insurance Plan. Effective July 5, 1986, the CITY
will allow the previously enrolled spouse of a retiree to continue to be
covered under the Retiree Health Insurance Plan.
0
• •'
0 0
ARTICLE 14
Medical Advisory Committee
Effective July 1, 1989, the CITY shall meet with a medical -dental advisory
committee during the months of December, February, and April. The
committee shall be comprised of one representative from each bargaining
unit and up to 3 management representatives. Committee advisory
functions shall include, determination of coverage, preparation and
solicitation of bids, consultation with the CITY's broker, determination of
plan coverages, selection of carrier and coverage options. Meetings and
determinations shall be coordinated to facilitate inclusion in the the
collective bargaining process.
The NBOLA authorizes the CITY'S Personnel Director to test the Health
Maintenance Organization (HMO) provider contracts against market bids, and
change providers as long as the following conditions are satisfied:
1.) The new provider must have a service reputation equal to, or
better than the incumbent provider.
2.) The new provider must have as many or more facilities than
the incumbent provider.
3.) The new provider's bid must be at least 10% lower than that of
the incumbent provider.
4.) The incumbent provider will be advised of the bid status, and be
allowed to submit a competitive bid at the same as the others.
ARTICLE 15
Vacation Accrual
7
0 0
The CITY will maintain its current vacation accrual schedule, but will reduce
the present eligibility levels from 13 years to 12 years, 17 years to 16 years, and
21 years to 20 years.
ARTICLE 16
Holidays
Effective with the beginning of 1986 - 1987 Fiscal Year and for every year
thereafter, the CITY will consider 'Columbus Day' a normal business day, and
conduct normal operations of 'Columbus Day'.
The Holiday formally observed city-wide on 'Columbus Day' will be
converted to a floating holiday which may be used by any eligible employee,
with supervisory approval, any time during the Fiscal Year.
Full-time, regular employees hired on or after July 5, 1986, must have worked
for the CITY for a minimum of one year to be eligible for this holiday.
All full-time, regular employees will be eligible for the 'birthday holiday'
from their date of hire. Although this holiday is granted the employee in
honor of their birthday, the employee may use this benefit, with supervisory
approval, at any time during the fiscal year.
The CITY encourages eligible employees to use their floating holidays
annually prior to their use of any vacation time.
0
•
ARTICLE 17
Holiday Pay Eligibility
Effective July 4, 1987, the personnel Resolution shall be modified to reflect the
following limitations on eligibility for holiday pay:
1.) Holiday pay will be paid only to employees who work their
scheduled day before and scheduled day after a holiday or are on
authorized leave (e.g., approved vacation or sick leave that has
been reviewed and approved by the Department Director).
2.) Employees will be eligible to receive holiday pay only after they
have been in active paid status for 30 consecutive days.
ARTICLE 18
The Retirement Benefit
The CITY will modify its contract with P.E.R.S. to allow for the best/highest
year calculation. The CITY will pay the total extra cost of the highest year
benefit for the first year and phase it into total comp. at the rate of 20% per
year until it is 100% included in the total comp. calculation. Employees who
elect to do so will be allowed to pay their own P.E.R.S. contribution in their
last year of employment.
ARTICLE 19
Sick Leave Conversion
Effective July 4, 1987, employees who at the end of the calendar year have an
accrued level of sick leave equal to or greater than the full value of 40 months
9
u
r,
u
of accrued sick leave, and who have used six or less days of sick leave during
that calendar year will be permitted (only once per year) to convert up to six
days of sick leave to either salary or paid vacation at the value of 50%
(Maximum value of 3 days per year). Eligible sick leave days converted to
cash shall be at the employee's option. Eligible sick leave days converted to
paid vacation shall require the approval of the Department Director.
ARTICLE 20
Sick Leave
Full-time, regular employees hired on or after July 5, 1986, will accrue sick
leave in the following manner:
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
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
After the 3rd year level, and 5th year level, employees will be required
to maintain the same number of hours as required of other permanent
employees.
ARTICLE 21
Iff
0
Long/Short Term Disability Insurance (LTD/STD)
Effective July 2, 1988 the ceiling on insured income under STD/LTD plan will
be increased to $7,500/month for non -industrial disability claims. The
maximum benefit will be up to $5,000 per month. Disabilities resulting from
industrial injuries will be maintained at the current limit of $2,625 per month
with a maximum benefit of $1,750 per month.
ARTICLE 22
Health Care Plans
Effective July 1, 1989, the CITY agrees to cap its contribution to employee
health care plans at $400.00 per month.
ARTICLE 23
Discipline - Notice of Intent
Employees who are to be the subject of substantial punitive discipline for any
misconduct or negligence shall be entitled to prior written notice of intent to
discipline at least seven (7) calendar days prior to the imposition of the actual
penalty.
This written notice shall contain a description of the event or conduct which
justifies the imposition of discipline. The notice shall also include the
specific form of discipline intended, and the employee shall be offered the
11
EM
opportunity to a hearing before their department director prior to the
imposition of the penalty.
This procedure will only be applied in cases of substantial punitive discipline.
It shall be understood that a disciplinary penalty equal to an unpaid
suspension of three (3) days or greater shall be substantial. All other
discipline resulting in less than a three (3) day suspension will be considered
non -substantial and will not be subject to the aforementioned procedure.
This understanding is not intended in any way to reduce the rights of
employees to due process. Employees who have become the subject of
discipline and who believe that the penalty is not justified shall have access to
the grievance procedure as established in the "Employee -Employer"
Resolution #7173.
ARTICLE 24
Paid Leave
The CITY agrees to meet with representatives of the Employee Groups and a
spokesperson for the non -represented employees to discuss and conceptually
formulate a proposal for a consistent paid leave policy for the city.
ARTICLE 25
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions agreed
upon by the parties. Therefore, except for Article 11 of this agreement, for the
12
0
:• •r
E
life of this MOU, neither party shall be compelled, and each party expressly
waives its rights to meet and confer with the other, concerning any issues
within the scope of representation, whether or not specifically met and
conferred about prior to the execution of this MOU, except by mutual
agreement of the parties. No representative of either party has authority to
make and none of the parties shall be bound by any statement, representation
or agreement reached prior to the execution of this MOU and not set forth
herein.
ARTICLE 26
Duration
The terms of this MOU are to remain in full force and effect from the 1st day
of July, 1989, until the 29th day of June, 1990, and, thereafter, from year-to-
year, unless within the time frame and in the manner designated in Section
13, Timetable for Submission of Requests of the Employer -Employee
Relations Resolution, either party serves written notice upon the other of its
desire to make changes in this MOU.
ARTICLE 24
Separability
Should any part of this MOU or any provision herein contained be rendered
or declared invalid, by reason of any existing or subsequently enacted
Legislation, or by decree of a Court of competent jurisdiction, such
invalidation of such part or portion of this MOU shall not invalidate the
13
E
E
remaining portion hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU relating to pay
schedule adjustment increases be declared invalid, CITY agrees to provide
alternative benefits agreeable to NBOLA, to EMPLOYEES to receive the same
amount of money as they would have received had such provision not been
declared invalid.
14
Executed this 162f 1A day of 400(-evn j�,r, 1989
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
// John Blauer
by: (/ J���Z
Eric Bauer
CITY OF NEWPORT BES
by:
by:
by:
AP70VED AS TO FORM:
City Attorney
i
By: A4Mayor
� i1
ATTES
City Clerk
•rv_ 33,
eg
MARINE
EXHIBIT "A"
CLASS
CLASSIFICATION CODE
MARINE SAFETY CAPTAIN 6-000
MARINE SAFETY LIEUTENANT 6-005
MARINE SAFETY OFFICER 6-010
MONTHLY
SALARY RANGE
3563 - 4331
2992 - 3637
2515 - 3057
PERSONNEL WITH EMERGENCY MEDICAL TECHNICIAN CERTIFICATE
SHALL RECEIVE 2% ADDITIONAL COMPENSATION.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU" is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred tp as "CITY") and authorized representatives
of the NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter re-
ferred to as "NBOLA") a recognized employee organization, met and
conferred, exchanging various proposals concerning wages, hours,
fringe benefits and other terms and conditions of employment of em-
ployees represented by NBOLA (hereinafter referred to as "EMPLOYEES")
for the 1988 - 89 fiscal year.
B. NBOLA representatives have reached an agreement as to wages,
hours and other terms and conditions of employment to apply to all
affected EMPLOYEES for the 1988-89 fiscal year. Said EMPLOYEES
desire to reduce their agreement to writing, and to present such
agreement, in the form of this MOU, to the City Council of the City
of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by the parties
hereto effective July 2, 1988, subject to approval by the City Council
of the City of Newport Beach, as follows:
88-89
-2 -
ARTICLE I
Salaries and Wages
Effective July 2, 1988, the CITY and NBOLA agree that the
salaries for each classification will be set forth in the salary
schedule attached hereto as Appendix 'A'.
ARTICLE II
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of
the MOU shall remain unchanged and in full force and effect during
the entire term of this MOU unless altered by mutual agreement of
the parties hereto.
ARTICLE III
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the Com-
pensation for Overtime Provision currently applicable to affected
employees to provide compensation at one -and -one-half (1.5) times
the hourly equivalent of the employees bi-weekly salary rate for
approved unscheduled overtime only. Scheduled overtime will remain
at straight time.
E1.I-II301
0 0
-3-
ARTICLE IV
Vision Care
Effective July 1, 1985, a limited vision care plan shall be
added to the City's Indemnity Insurance Plan.
ARTICLE V
Bereavement Leave
Effective June 22, 1985, CITY shall amend the provision of
the Bereavement Leave Policy currently applicable to affected
"EMPLOYEES" as follows:
"The necessary absence from duty by an employee having
a regular or probationary appointment, because of the
death or terminal illness in his/her immediate family."
ARTICLE VI
Educational Incentive Pay
Effective June 22, 1985, the educational incentive pay shall be
increased by 20% at each level to compensate in the following manner:
Years of
Total College
Compensation
Service
Semester Units
Per Month
2
30
$ 30.00
3
30
30.00
3
60
60.00
3
90
90.00
4
30
30.00
4
60
60.00
4
90
90.00
4
120
120.00
Effective July 4, 1987, the Tuition Reimbursement limits will be
increased to the same level as charged by the University of Calif-
ornia at Irvine for part-time student enrollees (including parking
fees) as of Spring 1987. (continued)
88-89
0
-4-
0
The annual combination of UCI tuition and parking fees, as of
Spring 1987, is $1,275.00 which will modify the City reimbursement
limits to be as follows:
$1,275.00 maximum per year
$ 637.50 maximum per semester
$ 427.33 maximum per quarter
ARTICLE VII
Family Leave
Effective June 22, 1985, the Family Leave provisions shall be
increased from 8 hours per year to 40 hours per year.
Effective July 4, 1987, the eligibility definition for 'family
sick leave' will be changed from 'immediate family' to 'dependent'.
ARTICLE VIII
Stress Test for Dive Team
The CITY will provide for a physical stress test similar to the
one in place for the Newport Beach Fire Department for NBOLA members
who are active members of the dive team.
ARTICLE IX
Dental
Effective July 5, 1986, the annual maximum benefit under the
indemnity dental plan will be increased from $750.00 to $1,000.00.
FrW-111
11
ST
ARTICLE XIII
Retiree Health Insurance Plan
0
On or about October 1, 1984, the CITY and Newport Beach
Employee's Associations agree to re -open the contract for the pur-
pose of meeting and conferring on the issues of modifying the current
Health Insurance Plan and providing a Retiree Health Insurance Plan.
Effective July 5, 1986, the CITY will allow the previously enrolled
spouse of a retiree to continue to be covered under the Retiree
Health Insurance Plan.
ARTICLE XIV
Administration of Health Maintenance Organization Contracts
The NBOLA authorizes the CITY'S Personnel Director to test the
Health Maintenance Organization (HMO) provider contracts against
market bids, and change providers as long as the following conditions
are satisfied:
1.) The new provider must have a service reputation equal to,
or better than the incumbent provider.
2.) The new provider must have as many or more facilities
than the incumbent provider.
3.) The new provider's bid must be at least 10% lower than
that of the incumbent provider.
4.) The incumbent provider will be advised of the bid status,
and be allowed to submit a competitive bid at the same
as the others.
19
ARTICLE X
Provision for Sunglasses
Effective July 5, 1986, the CITY will provide for one pair of
sunglasses per year. The cost allowance will be determined through
reference to the cost of a base line pair.
Drug Testing
The CITY may drug test NBOLA members on a random and mandatory
basis only if requested by the NBOLA and authorized by the City
Council.
ARTICLE XII
Special Assignment Pay
Effective July 2, 1988, NBOLA members assigned to either the
Boats or the Dive Team will be entitled to assignment pay provided
they satisfy the following requirements:
1.) Premium boat assignment pay: Boat operators with 0-2 years
of continuous service shall receive $50.00 per month. Boat
operators with two (2) years or more of continuous service
in that assignment wi)1 receive $75.00 per month.
2.) Premium dive team assignment pay: Dive team members with
0 - 2 years of continuous service shall receive $75.00
per month. Dive team members with two (2) years or more
continuous service in that assignment, provided they com-
plete a minimum of 24 hours of dive time annually ... $25.00
per month, payable annually as a $300.00 lump sum between
January 1 and January 15 of each year.
IPA
ARTICLE XV
Vacation Accrual
The CITY will maintain its current vacation accrual schedule,
but will reduce the present eligibility levels from 13 years to
12 years, 17 years to 16 years, and 21 years to 20 years.
ARTICLE XV
Holidays
Effective with the beginning of 1986 - 1987 Fiscal Year and
for every year thereafter, the CITY will consider 'Columbus Day' a
normal business day, and conduct normal operations on 'Columbus Day'
The Holiday formally observed city-wide on 'Columbus Day' will
be converted to a floating holiday which may be used by any eligible
employee, with supervisory approval, any time during the Fiscal Year.
Full-time, regular employees hired on or after July 5, 1986,
must have worked for the CITY for a minimum of one year to be eligible
for this holiday.
All full-time, regular employees will be eligible for the
'birthday holiday' from their date of hire. Although this
holiday is granted the employee in honor of their birthday, the
employee may use this benefit, with supervisory approval, at any
time during the fiscal year.
The CITY encourages eligible employees to use their floating
holidays annually prior to their use of any vacation time.
��
10
rl:�u9��371i
Holiday Pay Eligibility
Effective July 4, 1987, the Personnel Resolution shall be
modified to reflect the following limitations on eligibility for
holiday pay:
1.) Holiday pay will be paid only to employees who work
their scheduled day before and scheduled day after a
holiday or are on authorized leave (e.g. approved
vacation or sick leave that has been reviewed and
approved by the Department Director).
2.) Employees will be eligible to receive holiday pay only
after they have been in active paid status for 30
consecutive days.
ARTICLE XVIII
Retirement Option
Effective July 4, 1987, employees may, at their option, elect
to declare their intent to retire 12 months prior to the effective
date of retirement.
Concurrent with this declaration, the employee may direct the
City to move the employee portion of the PERS contribution, currently
paid directly to PERS by the City, to the employee's gross pay and
deduct that amount from the paycheck to be paid to PERS as is required
by contract.
This action on the part of the employee would result in a higher
basis from which retirement benefits would be calculated as well as
a higher taxable income during their last year of employment.
1.1.11.1=1
Mz
ARTICLE XIX
Sick Leave Conversion
Effective July 4, 1987, employees who at the end of the calendar
year have an accrued level of sick leave equal to or greater than the
full value of 40 months of accrued sick leave, and who have used six
or less days of sick leave during that calendar year will be permitted
(only once per year) to convert up to six days of sick leave to either
salary or paid vacation at the value of 50% (maximum value of 3 days
per year). Eligible sick leave days converted to cash shall be at the
employee's option. Eligible sick leave days converted to paid vacation
shall require the approval of the Department Director.
ARTICLE XIX
Sick Leave
Full-time, regular employees hired on or after July 5, 1986, will
accrue sick leave in the following manner:
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
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
After the 3rd year level, and 5th year level, employees will be
required to maintain the same number of hours as required of other
permanent employees.
88-89
-10 -
PARTICLE XX
Long/Short Term Disability Insurance(LTD/STD)
Effecting July 2, 1988 the ceiling on insured income under
STD/LTD plan will be increased to $7,500/month for non -industrial
disability claims. The maximum benefit will be up to $5,000 per month.
Disabilities resulting from industrial injuries will be maintaned at the
current limit of $2,625 per month with a maximum benefit of $1,750/mo.
ARTICLE XXI
Dependent Medical Insurance Premiums
Full-time, regular employees hired on or after July 5, 1986,
who choose to subscribe to dependent medical insurance will be required
to pay portions of the premium cost associated with the dependent
coverage in accordance with their time in service to the CITY. The
schedule is as follows:
Employee plus two:lst year $120; 2nd year $80, 3rd year $40.
Employee plus one:lst year $60; 2nd year $40, 3rd year $20.
New employees enrolled in HMO's will be charged:
Employee plus two:lst year $60; 2nd year $40, 3rd year $20.
Employee plus one:lst year $30; 2nd year $20, 3rd year $10.
ARTICLE XXII
Discipline - Notice of Intent
Employees who are to be the subject of substantial punitive
discipline for any misconduct or negligence shall be entitled to prior
written notice of intent to discipline at least seven (7) calendar
days prior to the imposition of the actuall penalty.
88-89
-11-
This written notice shall contain a descriptin of the event or conduct
which justifies the imposition of discipline. The notice shall also
include the specific form of discipline intended, and the employee
shall be offered the opportunity to a hearing before their department
director prior to the imposition of the penalty.
This procedure will only be applied in cases of substantial
punitive discipline. It shall be understand that a disciplinary
penalty equal to an unpaid suspension of three (3) days or greater
shall be substantial. All other discipline resulting in less than a
three (3) day suspension will be considered non -substantial and will
not be subject to the aforementioned procedure. This understanding is
not intended in any way to reduce the rights of employees to due
process. Employees who have become the subject of discipline and who
believe that the penalty is not justified shall have access to the
grievance procedure as established in the "Employee -Employer"
Resolution #7173.
ARTICLE XXIII
Paid Leave
The city agrees to meet with repressentatives of the Employee Groups
and a spokesperson for the non -represented employees to discuss and
conceptually formulate a proposal for a consistant paid leave policy
for the city.
1.17M.191
-12 -
ARTICLE XXIV
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions
agreed upon by the parties. Therfore, except for Article II of this
agreement, for the life of this MOU, neither party shall be compelled,
and each party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the parties. No
representative of either party has authority to make and none of the
parties shall be bound by any statement, representation or agreement
reached prior to the execution of this MOU and not set forth herin.
ARTICLE XXV
Duration
The terms of this MOU e to remain in full force and effect from
i 989
the 4th day of July, JgSf, until the 1st day of July, 1.998—, and,
thereafter, from year-to-year, unless within the time frame and in the
manner designated in Section 13, Timetable for Submission of Requests
of the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this
MOU.
-13 -
ARTICLE XXV
Suparability
Should any part of this MOU or any provision herein contained be
rendered or declared invalid, by reason of any existing or subsequently
enacted Legislation, or by decree of a Court of competent jurisdiction,
such invalidation of such part or portion of this MOU shall not
invalidate the remaining portion hereto, and same shall remain in full
force and effect; provided, however, that should the provisions of this
MOU relating to pay schedule adjustment increases be declared invalid,
CITY agrees to provide alternative benefits agreeable to NBOLA, to
EMPLOYEES, which will cause such EMPLOYEES to receive the same amount
of money as they would have received had such provision not been
declared invalid.
Executed this day of July, 19*.
OCEAN LIFEGUARD ASSOC.
40
City Attorney
City of Newport Beach
MARINE E)
Fr -m -E
45
-14-
MARINE
CLASSIFICATION
MARINE SAFETY CAPTAIN
MARINE SAFETY LIEUTENANT
MARINE SAFETY OFFICER
IS
EXHIBIT "A" 40
CLASS
CODE
6-000
6-005
6-010
MONTHLY
SALARY RANGE
3424- 4161
2875- 3495
2417- 2938
LIFEGUARDS
NBOLA
Code 6
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
This MEMORANDUM OF
(hereinafter referred to as
"MOU" is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as "CITY") and authorized representatives of
the NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter referred
to as "NBOLA") 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 NBOLA (hereinafter referred to as "EMPLOYEES") for the 1987 - 1988
fiscal year.
B. NBOLA representatives have reached an agreement as to wages,
hours and other terms and conditions of employment to apply to all
affected EMPLOYEES for the 1987 - 1988 fiscal year. Said EMPLOYEES
desire to reduce their agreement to writing, and to present such
agreement, in the form of this MOU, to the City Council of the City of
Newport Beach for approval.
E
NOW, THEREFORE, this MOU is made and entered into by the parties
hereto effective July 4, 1987, subject to approval by the City Council
of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 4, 1987, CITY and NBOLA agree that the salaries
for each classification will be set forth in the salary schedule
attached hereto as Appendix "A".
ARTICLE II
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of the
MOU shall remain unchanged and in full force and effect during the
entire term of this MOU unless altered by mutual agreement of the
parties hereto.
ARTICLE III
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the
Compensation for Overtime Provision currently applicable to affected
employees to provide compensation at one -and -one-half (1.6) times the
hourly equivalent of the employees bi-weekly salary rate for approved
unscheduled overtime only. Scheduled overtime will remain at straight
time.
2
11
ARTICLE IV
Vision Care
Effective July 1, 1985, a limited vision care plan shall be
added to the City's Indemnity Insurance Plan.
ARTICLE V
Bereavement Leave
Effective June 22, 1985, CITY shall amend the provision of the
Bereavement Leave Policy currently applicable to affected "EMPLOYEES"
as follows:
"The necessary absence from duty by an employee having a
regular or probationary appointment, because of the death
or terminal illness in his/her immediate family."
ARTICLE VI
Educational Incentive Pay
Effective June 22, 1985, the educational incentive pay shall be
increased by 20% at each level to compensate in the following manner:
Years of
Service
Total College Compensation
Semester Units Per Month
2 30
$ 30.00
3 30
30.00
3 60
60.00
3 90
90.00
4 30
30.00
4 60
60.00
4 90
90.00
4 120
120.00
Effective July 4, 1987, the Tuition Reimbursement limits will be
increased to the same level as charged by the University of California
at Irvine for part-time student enrollees (including parking fees) as
of Spring 1987.
3
(continued)
The annual combination of DCI tuition and parking fees, as of
Spring 1987, is $1,275.00 which will modify the City reimbursement
limits to be as follows:
$1,278.00 maximum per year
$ 637.50 maximum per semester
$ 427.33 maximum per quarter
•Note: Tuition reimbursement calculations are based on the
calendar year.
ARTICLE VII
Family Leave
Effective June 22, 1985, the Family Leave Provisions shall be
increased from 8 hours per year to 40 hours per year.
Effective July 4, 1987, the eligibility definition for 'family
sick leave' will be changed from 'immediate family' to 'dependant'.
ARTICLE VIII
Stress Test for Dive Team
The CITY will provide for a physical stress test simular to the
one in place for the Newport Beach Fire Department for NBOLA members
who are active members of the dive team.
ARTICLE IX
Dental
Effective July 8, 1986, the annual maximum benefit under the
indemnity dental plan will be increased from $750.00 to $1,000.00
Y
0 0
ARTICLE XIII
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and Newport Beach
Employees' Associations agree to re -open the contract for the purpose
of meeting and conferring on the issues of modifying the current
Health Insurance Plan and providing a Retiree Health Insurance Plan.
Effective July 6, 1986, the CITY will allow the previously enrolled
spouse of a retiree to continue to be covered under the Retiree Health
Insurance Plan.
ARTICLE XIV
Administration of Health Maintenance Organization Contracts
The NBOLA authorizes the CITY'S Personnel Director to test the
Health Maintenance Organization (HMO) provider contracts against
market bids, and change providers as long as the following conditions
are satisfied:
1.) The new provider must have a service reputation equal to,
or better than the incumbent provider.
2.) The new provider must have as many or more facilities than
incumbent provider.
3.) The new provider's bid must be at least 10% lower than that
of the incumbent provider.
4.) The incumbent provider will be advised of the bid status, and
be allowed to submit a competitive bid at the same time as
the others.
S
0
ARTICLE X
Provision for Sunglasses
Ll
Effective July b, 1986, the CITY will provide for one pair of
sunglasses per year. The cost allowance will be determined through
reference to the cost of a base line pair.
ARTICLE XI
Drug Testing
The CITY may drug test NBOLA members on a random and mandatory
basis only if requested by the NBOLA and authorized by the City
Council.
ARTICLE XII
Special Assignment Pay
Effective July 5, 1986, NBOLA members assigned to either the
Boats or the Dive Team will be entitled to an additional assignment
pay over and above that which they currently receive, provided that
they satisfy the following requirements:
1.) Premium boat assignment pay: for boat operators with two
(2) years or more of continuous service in that
assignment. . . .$ 25.00 per month.
2.) Premium dive team assignment pay: for dive team members
with two (2) years or more continuous service in that
assignment, provided they complete a minimum of 24 hours
of dive time annually .....$25.00 per month, payable
annually as a $300.00 lump sum between January 1 and
January 15 of each year.
0
ARTICLE XV
Vacation Accrual
0
The CITY will maintain its current vacation accrual schedule, but
will reduce the present eligibility levels from 13 years to 12 years,
17 years to 16 years, and 21 years to 20 years.
ARTICLE XVI
Holidays
Effective with the beginning of the 1986 - 1987 Fiscal Year and
for every year thereafter, the CITY will consider 'Columbus Day' a
normal business day, and conduct normal operations on 'Columbus Day'.
The Holiday formally observed city-wide on 'Columbus Day" will be
converted to a floating holiday which may be used by any eligible
employee, with supervisory approval, any time during the Fiscal Year.
Full-time, regular employees hired on or after July 5, 1986, must
have worked for the CITY for a minimum of one year to be eligible for
this holiday.
All full-time, regular employees will be eligible for the
'birthday holiday' from their date of hire. Although this holiday is
granted to the employee in honor of their birthday, the employee may
use this benefit, with supervisory approval, at any time during the
fiscal year.
The CITY encourages eligible employees to use their floating
holidays annually prior to their use of any vacation time.
0 0
ARTICLE XVII
Holiday Pay Eligibility
Effective July 4, 1987, the Personnel Resolution shall be
modified to reflect the following limitations on eligibility for
holiday pay:
1.) Holiday pay will be paid only to employees who work
their scheduled day before and scheduled day after
a holiday or are on authorized leave (e.g.approved
vacation or sick leave that has been reviewed
and approved by the Department Director).
2.) Employees will be eligible to receive holiday pay only
after they have been in active paid status for 30
consecutive days.
ARTICLE XVIII
Retirement Option
Effective July 4, 1987, employees may, at their option,
elect to declare their intent to retire 12 months prior to the
effective date of retirement.
Concurrent with this declaration, the employee may direct
the City to move the employee portion of the PERS contribution,
currently paid directly to PERS by the City, to the employee's gross
pay and deduct that amount from the paycheck to be paid to PERS as is
required by contract.
This action on the part of the employee would result in a
higher basis from which retirement benefits would be calculated as
well as a higher taxable income during their last year of employment.
ARTICLE XIX
Sick Leave Conversion
Effective July 4, 1987, employees who at the end of the calendar
year have an accured level of sick leave equal to or greater than the
(continued
full value of 40 months of accrued sick leave, and who have used six
or less days of sick leave during that calendar year will be permitted
(only once per year) to convert up to six days of sick leave to either
salary or paid vacation at the value of 50% (maximum value of 3 days
per year). Eligible sick leave days converted to cash shall be at the
employee's option. Eligible sick leave days converted to paid
vacation shall require the approval of the Department Director.
ARTICLE XIX
Sick Leave
Full-time, regular employees hired on or after July 6, 1986, will
accrue sick leave in the following manner:
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
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
After the 3rd year level, and 8 year level, employees will be
required to maintain the same number of hours as required of other
permanent employees.
i
0
•
ARTICLE XIX
Dependent Medical Insurance Premiums
Full-time, regular employees hired on or after July 6, 1986, who
choose to subscribe to dependent medical insurance will be required to
pay portions of the premium cost associated with the dependent
coverage in accordance with their time in service to the CITY. The
schedule is as follows:
1st
year
employee pays 100%
2nd
year
employee pays 66%
3rd
year
employee pays 33%
4th
year -plus
the employee will
receive the
same dependent health benefit
percentage covered
by the CITY as all
full-time, regular
employees hired
before 7/6/86.
ARTICLE XXII
Discipline - Notice of Intent
Employees who are to be the subject of substantial punitive
discipline for any misconduct or negligence shall be entitled to prior
written notice of intent to discipline at least seven (7) calendar
days prior to the imposition of the actual penalty. This written
notice shall contain a description of the event or conduct which
justifies the imposition of discipline. The notice shall also include
the specific form of discipline intended, and the employee shall be
offered the opportunity to a hearing before their department director
prior to the imposition of the penalty.
This procedure will only be applied in cases of substantial
punitive discipline. It shall be understand that a disciplinary
penalty equal to an unpaid suspension of three (3) days or greater
shall be substantial. All other discipline resulting in less than a
three (3) day suspension will be considered non -substantial and will
not be subject to the aforementioned procedure.
(continued)
/O
i 0
This understanding is not intended in any way to reduce the rights
the rights of employees to due process. Employees who have become the
subject of discipline and who believe that the penalty is not
justified shall have access to the grievance procedure as established
in the 'Employee -Employer" Resolution #7173.
ARTICLE XXII
Conclusiveness of Memorandum
This MOD contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, except for Article II of this
agreement, for the life of this MOD, neither party shall be compelled,
and each party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the parties. No
representative of either party has authority to make and none of the
parties shall be bound by any statement, representation or agreement
reached prior to the execution of this MOD and not set forth herein.
ARTICLE XXIV
Duration
The terms of this MOD are to remain in full force and effect from
the 4th day of July, 1987, until the lot day of July, 1988, and,
thereafter, from year-to-year, unless within the time frame and in the
manner designated in Section 13, Timetable for Submission of Requests
of the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this
MOD.
ARTICLE XXV
Separability
Should any part of this MOD 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 MOD
shall not invalidate the remaining portion hereto, and same shall
remain in full force and effect; provided, however, that should the
provisions of this MOD relating to pay schedule adjustment increases
be declared invalid, CITY agrees to provide alternative benefits
agreeable to NBOLA, to EMPLOYEES, which will cause such EMPLOYEES to
receive the same amount of money as they would have received had such
provision not been declared invalid.
/PROVED TO FORM:
, I
City Attorney
City of Newport Beach
/A
Executed thisda�b day of Jua 1987.
NEWPORT BEACH OCEAN LIFEGUARD ASSOC.
Ronald
ATTEST:
City Clerk
MARINE
CLASSIFICATION
MARINE SAFETY CAPTAIN
MARINE SAFETY LIEUTENANT
MARINE SAFETY OFFICER
►3
EXHIBIT "A"
CLASS
CODE
6-000
6-005
6-010
0
MONTHLY
SALARY RANGE
3216- 39 10
2702-3284
2313-2812
. 0 0 C- 2 -
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU" is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as "CITY") and authorized representatives of the
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter referred to as
"NBOLA" ) 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 NBOLA (hereinafter
referred to as "EMPLOYEES") for the 1986 - 1987 fiscal year.
B. NBOLA representatives have reached an agreement as to wages,
hours and other terms and conditions of employment to apply to all
affected EMPLOYEES for the 1986 - 1987 fiscal year. Said EMPLOYEES desire
to reduce their agreement to writing, and to present such agreement, in
the form of this MOU, to the City Council of the City of Newport Beach for
approval.
0 0
NOW, THEREFORE, this MOU is made and entered into by the parties
hereto effective July 5, 1986, subject to approval by the City Council of
the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 5, 1986, CITY and NBOLA agree that the salaries for
each classification will be set forth in the salary schedule attached
hereto as Appendix "A".
ARTICLE II
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected EMPLOYEES
in existence immediately prior to the effective date of the MOU shall
remain unchanged and in full force and effect during the entire term of
this MOU unless altered by mutual agreement of the parties hereto.
ARTICLE III
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the Compensation
for Overtime Provision currently applicable to affected employees to
provide compensation at one -and -one-half (1.5) times the hourly equivalent
of the employees bi-weekly salary rate for approved unscheduled overtime
only. Scheduled overtime will remain at straight time.
z
ARTICLE IV
Vision Care
Effective July 1, 1985, a limited vision care plan shall be
added to the City's Indemnity Insurance Plan.
ARTICLE V
Bereavement Leave
Effective June 22, 1985, CITY shall amend the provision of the
Bereavement Leave Policy currently applicable to affected "EMPLOYEES"
as follows:
"The necessary absence from duty by an employee having a
regular or probationary appointment, because of the death
or terminal illness in his/her immediate family."
ARTICLE VI
Educational Incentive Pay
Effective June 22, 1985, the educational incentive pay shall be
increased by 20% at each level to compensate in the following manner:
Years of
Total College
Compensation
Service
Semester Units
Per Month
2
30
$ 30.00
3
30
30.00
3
60
60.00
3
90
90.00
4
30
30.00
4
60
60.00
4
90
90.00
4
120
120.00
3
11
ARTICLE VII
•
Family Leave
Effective June 22, 1985, the Family Leave Provisions shall be
increased from 8 hours per year to 40 hours per year.
ARTICLE VIII
Stress Test for Dive Team
The CITY will provide for a physical stress test simular to the
one in place for the Newport Beach Fire Department for NBOLA members
who are active members of the dive team.
ARTICLE IX
Dental
Effective July 5, 1986, the annual maximum benefit under the
indemnity dental plan will be increased from $750.00 to
$1,000.00
ARTICLE X
Provision for Sunglasses
Effective July 5, 1986, the CITY will provide for one pair of
sunglasses per year. The cost allowance will be determined through
reference to the cost of a base line pair.
H
0
ARTICLE XI
Drug Testing
The CITY may drug test NBOLA members on a random and mandatory
basis only if requested by the NBOLA and authorized by the City
Council.
ARTICLE XII
Special Assignment Pay
Effective July 5, 1986, NBOLA members assigned to either the
Boats or the Dive Team will be entitled to an additional assignment
pay over and above that which they currently receive, provided that
they satisfy the following requirements:
1.) Premium boat assignment pay: for boat operators with two
(2) years or more of continuous service in that
assignment. . . .$ 25.00 per month.
2.) Premium dive team assignment pay: for dive team members
with two (2) yens or more continuous service in that
assignment, provided they complete a minimum of 24 hours
of dive time annually .....$25.00 per month, payable
annually as a $300.00 lump sum between January 1 and
January 15 of each year.
0 0
ARTICLE XIII
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and Newport Beach
Employees' Associations agree to re -open the contract for the purpose
of meeting and conferring on the issues of modifying the current
Health Insurance Plan and providing a Retiree Health Insurance Plan.
Effective July 5, 1986, the CITY will allow the previously enrolled
spouse of a retiree to continue to be covered under the Retiree Health
Insurance Plan.
ARTICLE XIV
Administration of Health Maintenance Organization Contracts
The NBOLA authorizes the CITY'S Personnel Director to test the
Health Maintenance Organization (HMO) provider contracts against
market bids, and change providers as long as the following conditions
are satisfied:
1.) The new provider must have a service reputation equal to, or
better than the incumbent provider.
2.) The new provider must have as many or more facilities than
incumbent provider.
3.) The new provider's bid must be at least 10% lower than that
of the incumbent provider.
4.) The incumbent provider will be advised of the bid status, and
be allowed to submit a competitive bid at the same time as
the others.
I
0 0
ARTICLE XV
Vacation Accrual
The CITY will maintain its current vacation accrual schedule, but
will reduce the present eligibility levels from 13 years to 12 years,
17 years to 16 years, and 21 years to 20 years.
ARTICLE XVI
Holidays
Effective with the beginning of the 1986 - 1987 Fiscal Year and
for every year thereafter, the CITY will consider 'Columbus Day' a
normal business day, and conduct normal operations on 'Columbus Day'.
The Holiday formally observed city-wide on 'Columbus Day" will be
converted to a floating holiday which may be used by any eligible
employee, with supervisory approval, any time during the Fiscal Year.
Full-time, regular employees hired on or after July 5, 1986, must
have worked for the CITY for a minimum of one year to be eligible for
this holiday.
All full-time, regular employees will be eligible for the
'birthday holiday' from their date of hire. Although this holiday is
granted to the employee in honor of their birthday, the employee may
use this benefit, with supervisory approval, at any time during the
fiscal year.
The CITY encourages eligible employees to use their floating
holidays annually prior to their use of any vacation time.
0 0
ARTICLE XVII
Sick Leave
Full-time, regular employees hired on or after July 5, 1986, will
accrue sick leave in the following manner:
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
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
After the 3rd year level, and 5 year level, employees will be
required to maintain the same number of hours as required of other
permanent employees.
ARTICLE XVIII
Dependent Medical Insurance Premiums
Full-time, regular employees hired on or after July 5, 1986, who
choose to subscribe to dependent medical insurance will be required to
pay portions of the premium cost associated with the dependent
coverage in accordance with their time in service to the CITY. The
schedule is as follows:
ARTICLE VIX
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, except for Article II of this
agreement, for the life of this MOU, neither party shall be compelled,
and each party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the parties. No
representative of either party has authority to make and none of the
parties shall be bound by any statement, representation or agreement
reached prior to the execution of this MOU and not set forth herein.
I
1st
year
employee pays 100%
2nd
year
employee pays 66%
3rd
year
employee pays 33%
4th
year - plus
the employee will receive the same
dependent health benefit percentage
covered by the CITY as all full-
time, regular employees hired
before 7/5/86.
ARTICLE VIX
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, except for Article II of this
agreement, for the life of this MOU, neither party shall be compelled,
and each party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the parties. No
representative of either party has authority to make and none of the
parties shall be bound by any statement, representation or agreement
reached prior to the execution of this MOU and not set forth herein.
I
ARTICLE XX
Duration
The terms of this MOU are to remain in full force and effect from
the 22nd day of June, 1985, until the 4th day of July, 1986, and,
thereafter, from year-to-year, unless within the time frame and in the
manner designated in Section 13, Timetable for Submission of Requests
of the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this
MOU.
ARTICLE XXI
Separability
Should any part of this MOU or any provision herein contained be
rendered or declared invalid, by reason of any existing or
subsequently enacted Legislation, or by decree of a Court of competent
jurisdiction, such invalidation of such part or portion of this MOU
shall not invalidate the remaining portion hereto, and same shall
remain in full force and effect; provided, however, that should the
provisions of this MOU relating to pay schedule adjustment increases
be declared invalid, CITY agrees to provide alternative benefits
agreeable to NBOLA, to EMPLOYEES, which will cause such EMPLOYEES to
receive the same amount of money as they would have received had such
provision not been declared invalid.
10
9
AP OVE4AS 0 ORM:
Robert H. urn am
City Attorney
City of Newport Beach
Executed this day of June, 1786
NEWPORT BEACH OCEAN LIFEGUARD ASSOC.
b
f/
John BBl,auer
by— I C 151 e l Ir-L-Ls_,ay.
Ronald nson
C]
by
by
b)
MARINE
CLASSIFICATION
MARINE SAFETY CAPTAIN
MARINE SAFETY LIEUTENANT
MARINE SAFETY OFFICER
EXHIBIT "A"
CLASS
COCE
6 -JCC
6-005
6-J1C
0
MONTHLY
SALARY RANGE
3049-3706
2560-3112
2192-2665
1 ;L-
i
0 • C-LD,5-2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
WN no
NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
11MOU" is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT BEACH
(hereinafter referred to as "CITY") and authorized representatives of the
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter referred to as
'INBOLA" ) 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 NBOLA (hereinafter
referred to as "EMPLOYEES") for the 1985-1986 fiscal year.
B. NBOLA representatives have reached an agreement as to wages,
hours and other terms and conditions of employment to apply to all
affected EMPLOYEES for the 1985-86 fiscal year. Said EMPLOYEES desire
to reduce their agreement to writing, and to present such agreement, in
the form of this MOU, to the City Council of the City of Newport Beach for
approval.
0
1]
NOW, THEREFORE, this MOU is made and entered into by the parties
hereto effective June 22, 1985, subject to approval by the City Council of
the City of Newport Beach, as follows:
Effective June 22,
each classification will
hereto as Appendix "A".
ARTICLE I
Salaries and Wages
B5, CITY and NBOLA agree that the salaries for
be set forth in the salary schedule attached
ARTICLE II
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected EMPLOYEES
in existence immediately prior to the effective date of the MOU shall
remain unchanged and in full force and effect during the entire term of
this MOU unless altered by mutual agreement of the parties hereto.
ARTICLE III
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the Compensation
for Overtime Provision currently applicable to affected employees to
provide compensation at one -and -one-half (1.5) times the hourly equivalent
of the employees bi-weekly salary rate for approved unscheduled overtime
only. Scheduled overtime will remain at straight time.
0
ARTICLE IV
Vision Care
0
Effective July 1, 1985, a limited vision care plan shall be
added to the City's Indemnity Insurance Plan.
ARTICLE V
Bereavement Leave
Effective June 22, 1985, CITY shall amend the provision of the
Bereavement Leave Policy currently applicable to affected "EMPLOYEES"
as follows:
"The necessary absence from duty by an employee having a
regular or probationary appointment, because of the death
or terminal illness in his/her immediate family."
ARTICLE VI
Educational Incentive Pay
Effective June 22, 1985, the educational incentive pay shall be
increased by 20% at each level to compensate in the following manner:
Years of Total College Compensation
Service Semester Units Per Month
2 30 $ 30.00
3 30 30.00
3 60 60.00
3 90 90.00
4 30 30.00
4 60 60.00
4 90 90.00
4 120 120.00
I
9 0
ARTICLE VII
Family Leave
Effective June 22, 1985, the Family Leave Provisions shall be
increased from 8 hours per year to 40 hours per year.
ARTICLE VIII
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, except for Article II of this
agreement, for the life of this MOU, neither party shall be compelled,
and each party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the parties. No
representative of either party has authority to make and none of the
parties shall be bound by any statement, representation or agreement
reached prior to the execution of this MOU and not set forth herein.
O
0
ARTICLE IX
Duration
The terms of this MOU are to remain in full force and effect from
the 22nd day of June, 1985, until the 4th day of July, 1986, and,
thereafter, from year-to-year, unless within the time frame and in the
manner designated in Section 13, Timetable for Submission of Requests
of the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this
MOU.
ARTICLE X
Separability
Should any part of this MOU or any provision herein contained be
rendered or declared invalid, by reason of any existing or
subsequently enacted Legislation, or by decree of a Court of competent
jurisdiction, such invalidation of such part or portion of this MOU
shall not invalidate the remaining portion hereto, and same shall
remain in full force and effect; provided, however, that should the
provisions of this MOU relating to pay schedule adjustment increases
be declared invalid, CITY agrees to provide alternative benefits
agreeable to NBOLA, to EMPLOYEES, which will cause such EMPLOYEES to
receive the same amount of money as they would have received had such
provision not been declared invalid.
Executed this./ q,.day of June, 1985.
NEWPORT BEACH OCEAN LIFEGUARD ASSOC
John Blau.er
CI
by
fi
by
AS
o5ert H. BurnTa—m
City Attorney
City of Newport Beach
na
APPENDIX "A"
MARINE
CLASS
CLASSIFICATION CODE
MARINE
SAFETY
CAPTAIN
6-000
MARINE
SAFETY
LIEUTENANT
6-005
MARINE
SAFETY
OFFICER
6-010
0
MONTHLY
SALARY RANGE
2787-3387
2340-2845
2004-2436
Appendix B
The City of Newport Beach and the Newport Beach Ocean Lifeguard
Association (hereinafter referred to as NBOLA) have mutually
agreed upon providing a Retiree Health Insurance Plan. Both
parties agree to amend the 1984/85 Memorandum of Understanding
in writing and to incorporate this amendment as part of the Memo-
randum of Understanding for Fiscal Year 1984/85.
1. Effective July 1, 1985, the City and NBOLA agree to provide
a Retiree Health Insurance Plan through the City's
indemnity health plan carrier. Both parties agree to
amend the indemnity health plan contract to include a
separate retiree plan.
2. The Retiree Plan will be combined with the Active Employee
Plan and claims experience will determine the appropriate
monthly premiums for both the Retiree and Active Employee
Plans.
• 3. The Retiree Plan will be the same as the Active Plan except
for the following:
A. The Major Medical Benefits shall be as follows:
1) Lifetime Maximum Benefits ............ $500,000
2) Deductible (calendar year)..............$200 (Fam:$600)
3) 808 of first $5,000 - 1008 thereafter (calendar year)
4) Psychiatric, Inpatient: 60 days per 24 months
5) 1008 coverage, no deductible, for:
a) ambulatory surgery, per Exhibit "A"
b) second surgical opinion, per Exhibit "B"
c) X-ray and laboratory testing on. out-patient basis
prior to hospitalization for elective surgery.
6) Benefits will be paid on a 'carve -out' basis when
combined with other group insurance or Medicare. This
means that benefits are paid up to the maximum coverage
(808) under this plan including those payments the
Retiree receive from any other plan.
• B. Dental, Life and basic medical coverage will not be
provided.
0
• 4. Retiree Plan Monthly Premium:
L
A. The initial monthly premiums to provide this Plan shall
be as follows:
1) Retiree only - $92.00
2) Retiree & Dependent(s) - $184.00
B. The Retiree Contribution shall be fifty (50) percent of
the monthly premium.
5. Active Employee/City Contribution:
A. Each active employee shall pay $7.33 a month as their
contribution to. the Retiree Health Plan. This
• contribution is equivalent to twenty-five (25) percent of
the total retiree health insurance premiums.
B. The City shall pay $7.33 a month for each active employee
as the City's contribution to the Retiree Health Plan.
This contribution is equivalent to twenty-five (25)
percent of the total retiree health insurance premiums.
C. The active employee and city contribution may be adjusted
effective July 1, 1985, under the following
circumstances:
1) Once the number of participating retirees is
determined, and
2) Should the monthly premium for the Retiree and
Retiree & Dependent categories be adjusted.
D. Effective July 1 of each subsequent fiscal year, the
Active employee and City Contribution shall be adjusted
when the monthly premium and number of participants are
• determined.
0
Appendix B
0
•The City of Newport Beach and the Newport Beach Ocean Lifeguard
Association (hereinafter referred to as NBOLA) have mutually
agreed upon providing a Retiree Health Insurance Plan. Both
parties agree to amend the 1984/85 Memorandum of Understanding
in writing and to incorporate this amendment as part of the Memo-
randum of Understanding for Fiscal Year 1984/85.
1. Effective July 1, 1985, the City and NBOLA agree to provide
a Retiree Health Insurance Plan through the City's
indemnity health plan carrier. Both parties agree to
amend the indemnity health plan contract to include a
separate retiree plan.
2. The Retiree Plan will be combined with the Active Employee
Plan and claims experience will determine the appropriate
monthly premiums for both the Retiree and Active Employee
Plans.
• 3. The Retiree Plan will be the same as the Active Plan except
for the following:
A. The Major Medical Benefits shall be as follows:
1) Lifetime Maximum Benefits ............ $500,000
2) Deductible (calendar year)..............$200 (Fam:$600)
3) 808 of first $5,000 - 1008 thereafter (calendar year)
4) Psychiatric, Inpatient: 60 days per 24 months
5) 1008 coverage, no deductible, for:
a) ambulatory surgery, per. Exhibit "A"
b) second surgical opinion, per Exhibit "B"
c) X-ray and laboratory testing on out-patient basis
prior to hospitalization for elective surgery.
6) Benefits will be paid on a 'carve -out' basis when
combined with other group insurance or Medicare. This
means that benefits are paid up to the maximum coverage
(808) under this plan including those payments the
Retiree receive from any other plan.
• B. Dental, Life and basic medical coverage will not be
provided.
• 4. Retiree Plan Monthly Premium:
A. The initial monthly premiums to provide this Plan shall
be as follows:
1) Retiree only - $92.00
2) Retiree & Dependent(s) - $184.00
B. The Retiree Contribution shall be fifty (50) percent of
the monthly premium.
5. Active Employee/City Contribution:
A. Each active employee shall pay $7.33 a month as their
contribution to the Retiree Health Plan. This
• contribution is equivalent to twenty-five (25) percent of
the total retiree health insurance premiums.
B. The City shall pay $7.33 a month for each active employee
as the City's contribution to the Retiree Health Plan.
This contribution is equivalent to twenty-five (25)
percent of the total retiree health insurance premiums.
•
3
C. The active employee and city contribution may be adjusted
effective July 1; 1985, under the following
circumstances:
1) Once the number of participating retirees is
determined, and
2) Should the monthly premium for the Retiree and
Retiree & Dependent categories be adjusted.
D. Effective July 1 of each subsequent fiscal year, the
Active employee and City Contribution shall be adjusted
when the monthly premium and number of participants are
determined.
6. Retiree Plan Conditions:
A. Applicable to current employees:
• 1) Employees who retire on or after May 1, 1985, must
meet the following eligibility requirements:
a) Must have completed at least ten (10) years of
continuous full-time city service on the date
of retirement, and
b) Must have been awarded a retirement from the
Public Employees Retirement System; and
c) Retired from the City of Newport Beach. P.E.R.S.
retirement benefits must commence no later than of
the first day of the month following separation from
City service.
2) Employees and enrolled dependents must enroll in the
Retirees Health Plan forty-five (45) days prior to
the retirement date.
B. Applicable to Current Retirees:
• Current retired employees must meet the following
eligibility requirements:
1) Must have completed at least ten (10) years of
continuous full-time City service on the date of
retirement; and.
2) Must have been awarded a retirement from the Public
Employees Retirement System; and
3) Must have retired from the City of Newport Beach.
P.E.R.S. retirement benefits must have commenced no
later than the first day of the month following the
date of separation from City service.
4) Must enroll in the Plan by May 1, 1985. Failure to
enroll by this date will result in the retiree not
being eligible to participate in the Retiree Plan
thereafter.
V
•
C
•
S
C. Applicable to both current Employees and Retirees:
1) Upon the death of the Retiree, health insurance
coverage for surviving enrolled spouse and/or
dependents shall be terminated. Spouses and/or
eligible dependents will be eligible for medical
conversion coverage.
2) Coverage will be cancelled:
a) Upon written request of the Retiree
b) When the Retiree is more than 30 days in arrears
in payment of monthly premiums, and only after
proper notice has been given to the delinquent
subscriber.
c) Reinstatement of coverage shall not be allowed
if the coverage has been cancelled.
3) Retirees and dependents who reach age 65, and are
eligible for Part A Medicare coverage , must enroll
in both Part A and Part B Medicare coverage.
4) While the City intends that this Retiree Health
Insurance Plan shall be permanent, the City does
reserve the right to modify or to terminate this
Plan in the future should circumstances require
such. In the event the Plan is terminated,
enrolled subscriber and dependents shall be eli-
gible for medical conversion coverage.
EXECUTED THIS `�-� DAY OF 1984
•
NEWPORT BEACH OCEAN LIFEGUA D ASSOCIATION
CITY OF `WPORT BEACH
•
FIX
• 1&PROVED AS^T 7v
FORM:
W /
ROBERT H. BURNHAM
CITY ATTORNEY
CITY OF NEWPORT BEACH
•
I
by
by
•
7
•
• "A"
EXHIBIT
FOCUSED AMBULATORY SURGERY LIST
o
Arthroscopy -
Examination and/or repair of the knee
joint via the insertion of a scope.
o
Breast Biopsy -
Removal of a small portion of breast
tissue or "lump" for diagnosis.
o
Cataract Extraction -
Removal of the lens from .the eye.
o
Cystoscopy -
A bladder examination using a scope.
o
Dilation 5 Curettage
- Expansion of the ostium uterus so that
the uterine wall can be scraped.
o
Hemorrhoidectomy -
Removal of dilated veins from the
rectal -anal area. •
o
Herniorrhaphy -
Repair of weakness in the abdominal
wall.
o
Meniscectomy -
Repair and/or removal of torn knee
•
cartilage.
o
Tonsillectomy and/or
Removal of diseased tonsils and/or
Adenoidectomy
adenoids.
o
Tubal Ligation -
Female sterilization,
•
7
•
•
•
q
FOCUSED SECOND SURGICAL OPINION LIST
o Hysterectomy
o Dilation & Curettage (D&C)
o Tonsillectomy and/or Adenoidectomy
o Sall Bladder Surgery
o Knee Surgery
o Back or Disc Surgery
o Varicose Vein Surgery
o Heart Bypass Surgery
o Heart Catheterization
o Hernia Surgery
o Mastectomy
o Prostatectomy
EXHIBIT "B"
•
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred
to as "MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT
BEACH (hereinafter referred to as "CITY") and authorized represent-
atives of the NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION (hereinafter
referred to as "NBOLA") 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 NBOLA (hereinafter referred to as "EMPLOYEES") for
the 1984-1985 fiscal year.
0
0
B. NBOLA representatives have reached an agreement as
to wages, hours and other terms and conditions of employment to apply
to all affected EMPLOYEES for the 1984-1985 fiscal year. Said EMPLOYEES
desire to reduce their agreement to writing, and to present such agree-
ment, in the form of this MOU, to the City Council of the City of Newport
Beach for approval.
NOW, THEREFORE, this MOU is made and entered into by
the parties hereto effective June 23, 1984, subject to approval by the
City Council of the City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective June 23, 1984, CITY and NBOLA agree that
the salaries for each classification will be set forth in the salary
schedule attached hereto as Appendix "A".
2
• ARTICLE II •
Retiree Health Insurance Plan
On or about October 1, 1984, the CITY and NBOLA agree
to reopen the contract for the purpose of meeting and conferring on the issue
of providing a Retiree Health Plan. The parties agree to limit the reopener to
this item and to those items which may be affected should agreement be reached.
ARTICLE Ili
Other Terms and Conditions of Employment
All other terms and conditions of employment of all affected
EMPLOYEES in existence immediately prior to the effective date of the MOU shall
remain unchanged and in full force and effect during the entire term of this
MOU unless altered by mutual agreement of the parties hereto.
ARTICLE IV
Unscheduled Overtime
Effective June 23, 1984, the City agrees to amend the Com-
pensation for Overtime Provision currently applicable to affected Employees
to provide compensation at one -and -one-half (11) times the hourly equivalent
of the employees bi-weekly salary rate for approved unscheduled overtime
only. Scheduled overtime will remain at straight time.
-3-
•
ARTICLE V
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations and
provisions agreed upon by the parties. Therefore, except for Article
II of this agreement, for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to meet and
confer with the other, concerning any issues within the scope of re-
presentation, whether or not specifically met and conferred about prior
to the execution of this MOU, except by mutual agreement of the parties.
No representative of either party has authority to make and none of the
parties shall be bound by any statement, representation or agreement
reached prior to the execution of this MOU and not set forth herein.
ARTICLE VI
Duration
The terms of this MOU are to remain in full force and
effect from the 23rd day of June, 1984, until the 22nd day of June, 1985,
and, thereafter, from year-to-year, unless within the time frame and in
the manner designated in Section 13, Timetable for Submission of Requests
of the Employer -Employee Relations Resolution, either party serves
written notice upon the other of its desire to make changes in this MOU.
4
ARTICLE VII
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any existing
or subsequently enacted Legislation, or by decree of a Court of com-
petent jurisdiction, such invalidation of such part or portion of this
MOU shall not invalidate the remaining portion hereto, and same shall
remain in full force and effect; provided, however, that should the
provisions of this MOU relating to pay schedule adjustment increases
be declared invalid, City agrees to provide alternative benefits agree-
able to NBOLA, to EMPLOYEES, which will cause such EMPLOYEES to receive
the same amount of money as they would have received had such provision
not been declared invalid.
1•'
Executed this ay of 1984.
NEWPORT BEACH OCEAN LIFEGUARD
ASSOCIATION
CITY OF NEWPORT BEACH
By � o
Lorenzo Mota
Personnel Director
City Representative
By-' t�—
J hn Burkhart
Assistant to Finance Director
City Representative
APPROVED AS TO FORM:
n
R bert H. Burnham
City Attorney
City of Newport Beach
0
J9 N BLAUER
1(g OLA Representative
By
/all IL��,
RONALD JOHNSON fl
NBOLA Representative
0 0
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred
to as "MOU") is entered into with reference to the following:
A. Authorized representatives of the CITY OF NEWPORT
BEACH (hereinafter referred to as "CITY") and authorized
representatives of the NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
(hereinafter referred to as "NBOLA") a recognized employee organ-
ization, met and conferred, exchanging various proposals concern-
ing wages, hours, fringe benefits and other terms and conditions
of employment of employees represented by NBOLA (hereinafter
referred to as "EMPLOYEES") for the 1983-84 fiscal year.
I
63- SH
0 9
B. NBOLA representatives have reached an agreement as
to wages, hours and other terms and conditions of employment to
apply to all affected EMPLOYEES for the 1983-84 fiscal year.
Said EMPLOYEES desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into
by the parties hereto effective June 25, 1983, subject to
approval by the City Council of the City of Newport Beach, as
follows:
ARTICLE I
Salaries and Wages
Effective June 25, 1983, CITY and NBOLA agree that
the salaries for each classification will be as set forth in the
salary schedule attached hereto as Appendix "A".
2
0 0
ARTICLE II
PERS Pickup
Effective June 25, 1983, CITY shall pay Nine
percent (9.08) of each "Safety Members'" PERS contribution rate
to the Public Employees Retirement System (PERS). NBOLA
acknowledges that CITY is paying this increased percentage of the
PERS contribution rate, pursuant to a specific request of NBOLA
to so do, and that payment of this increased percentage of the
PERS contribution rate will result in greater benefits to members
than a corresponding salary increase. Said retirement pickup
shall be credited to the employees' individual accounts with
PERS.
ARTICLE III
Other Terms and Conditions of Employment
All other terms and conditions of employment of all
affected EMPLOYEES in existence immediately prior to the effec-
tive date of this MOU shall remain unchanged and in full force
and effect during the entire term of this MOU unless altered by
mutual agreement of the parties hereto.
3
0 0
ARTICLE IV
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations
and provisions agreed upon by the parties. Therefore, for the
life of this MOU, neither party shall be compelled, and each
party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the
parties. No representative of either party has authority to make
and none of the parties shall be bound by any statement,
representation or agreement reached prior to the execution of
this MOU and not set forth herein.
ARTICLE V
Duration
The terms of this MOU are to remain in full force
and effect from the 25th day of June, 1983, until the 22nd day of
June, 1984, and, thereafter, from year-to-year, unless within the
time frame and in the manner designated in Section 13, Timetable
for Submission of Requests of the Employer -Employee Relations
4
Resolution, either party serves written notice upon the other of
its desire to make changes in this MOU.
ARTICLE VI
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part
or portion of this MOU shall not invalidate the remaining portion
hereto, and same shall remain in full force and effect; provid-
ed, however, that should the provisions of this MOU relating to
pay schedule adjustment increases be declared invalid, City
agrees to provide alternative benefits agreeable to NBOLA, to
EMPLOYEES, which will cause such EMPLOYEES to receive the same
amount of money as they would have received had such provision
not been declared invalid.
5
0
Executed this / ,_day of �� v•._ , 1983.
v
NEWPORT BEACH OCEAN LIFEGUARD
ASSOCIATION
G �
By /
...—Joft-BLAUER
BOLA Representative
By
—f
RONALD JOHNSOI
NBOLA Representative
CITY OF NEWPORT BEACH
By
Lo o Mo
Personnel Director
CityRpresentative
By By: I��VYI WU�
Johh Burkhart
Assistant to Finance Director
City Representative
APPROVED AS TO FORM:
Robert H. Burnham
City Attorney
City of Newport Beach
AGP/MOU2
0
OCEAN LIFEGUARD
CLASSIFICATION
Marine Safety Captain
Marine Safety Lieutenant
Marine Safety Officer
Boat Lieutenant
7
•
APPENDIX "A"
SALARY RANGE
61.049-65.049
58.020-62.020
55.011-59.011
58.020-62.020
APPROXIMATE
MONTHLY SALARY
$2382
- 2896
2001
- 2432
1713
- 2082
2001
- 2432
6/25/83
• • c -abs $
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred
to as "MOU") IS ENTERED INTO WITH REFERENCE TO THE FOLLOWING:
A. Authorized representatives of the CITY OF NEWPORT
BEACH (hereinafter referred to as "CITY") and authorized
representatives of the NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
(hereinafter referred to as "NBOLA") 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 NBOLA (here-
inafter referred to as "EMPLOYEES") for the 1982-83 fiscal year.
B. NBOLA representatives have reached an agreement as
to wages, hours and other terms and conditions of employment to
apply to all affected employees for the 1982-83 fiscal year.
Said employees desire to reduce their agreement to writing, and
to present such agreement, in the form of this MOU, to the City
Council of the City of Newport Beach for approval.
NOW, THEREFORE, this MOU is made and entered into,
effective July 1, 1982, upon approval by the City Council of the
City of Newport Beach, as follows:
ARTICLE I
Salaries and Wages
Effective July 1, 1982, City and NBOLA agree that
the salaries in each classification will be increased and that
the salaries for each classification will be as set forth in the
salary schedule attached hereto as Appendix "A".
2
1 0
ARTICLE II
PERS Pickup
Effective July 1, 1981, City shall pay one-half of
each EMPLOYEES' "safety member" contribution to the Public
Employees' Retirement System (PERS). NBOLA acknowledges that
City is paying this increased percentage of the PERS contribution
rate, pursuant to a specific request of NBOLA to so do, and that
payment of this increased percentage of the PERS contribution
rate will result in greater benefits to members than a
corresponding salary increase.
ARTICLE III
Health Insurance Premium
The City and NBCEA agree that in an effort to reach
an agreement for Fiscal Year '82 - 183, a 758 Health and Dental
premium increase will be utilized for the purpose of determining
a proportionate salary increase. The City and NBOLA further
agree that effective January 1, 1983, the salaries of
classifications listed in Appendix "A" will be adjusted upward or
downward depending upon the final premium established for the
Indemnity Health and Dental Plan for Fiscal Year 182 - '83.
3
IJ
ARTICLE IV
Family Sick Leave
[,
A
Effective July 1, 1982, the City agrees to amend the
provisions of the sick leave program currently applicable to
affected "EMPLOYEES" to provide authorization to use one (1)
eight (8) hour day of accrued sick leave per calendar year for an
illness of a spouse, son or daughter which requires the presence
of the employee.
ARTICLE V
Tuition Reimbursement
Effective July 1, 1982, the City shall amend the applic-
able provision of the Tuition Reimbursement Program as follows:
Reimbursement is limited to $450.00 per semester ot. $300.00 per
quarter. The maximum reimbursement is $900.00 per fiscal year.
ARTICLE VI
Other Terms and Conditions of Employment
All other terms and conditions of employment of all
affected employees in existance immediately prior to the
effective date of this MOU shall remain unchanged and in full
4
force and effect during the entire term of this MOU unless
altered by mutual agreement of the parties hereto.
ARTICLE VII
Conclusiveness of Memorandum
This MOU contains all the covenants, stipulations
and provisions agreed upon by the parties. Therefore, for the
life of this MOU, neither party shall be compelled, and each
party expressly waives its rights to meet and confer with the
other, concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to the
execution of this MOU, except by mutual agreement of the
parties. No representative of either party has authority to make
and none of the parties shall be bound by any statement,
representation or agreement reached prior to the execution of
this MOU and not set forth herein.
ARTICLE VIII
Duration
The terms of this MOU are to remain in full force
and effect until the 24th day of June, 1983, and, thereafter,
5
from year-to-year, unless within the time frame and in the manner
designated in Section 13, Time Table for Submission of Requests
of the Employer -Employee Relations Resolution, either party
serves written notice upon the other of its desire to make
changes in this MOU.
ARTICLE IX
Separability
Should any part of this MOU or any provision herein
contained be rendered or declared invalid, by reason of any
existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part
or portion of this MOU shall not invalidate the remaining portion
hereto, and same shall remain in full force and effect;
provided, however, that should the provisions of this MOU relat-
ing to pay schedule adjustment increases be declared invalid,
City agrees to provide alternative benefits agreeable to NBOLA,
to employees, which will cause such employees to receive the same
amount of money as they would have received had such provision
not been declared invalid.
2
Executed this 1 day of , 1982,
CITY OF NEWPORT BEACH NEWPORT BEACH OCEAN AND
LIFEGUARD ASSOCIATION
By. v
Lorenzo Mbta
Personnel Director
City Representative
By
Finance Dii'ebtor
City Representative
APPROVED AS TO FORM:
mqal *X--- -
-City Att rney
By6�0-4��
Ray Ga ey-
NBOLA Representative
12
B '
Buddy Bels
NBOLA Re esentative
E
Classification
Marine Safety Captain
Marine Safety Lieut.
Marine Safety Officer
Boat Lieutenant
APPENDIX W
Salary Range
0
Approximate
Monthly Salary
61.039 - 65.039 $2360 - $2868
58.010 - 62.010 $1981 - $2408
55.002 - 59.002 $1698 - $2064
58.010 - 62.010
E
$1981 - $2408
7/1/82
CITY OF NEWPORT BEACH *. t_.. e%US (j
PERSONNEL OFFICE
Aug. 5, 1981
TO: CITY CLERK
FROM: Lorenzo Mota, Personnel Director
SUBJECT: NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION M.O.U. - FISCAL YEAR 1981-82
REFERENCE TO EMPLOYEE P.E.R.S. CONTRIBUTION RATE
During the meet and confer process with Newport Beach Ocean Lifeguard Association,
the City offered a 12.0% increase. During the negotiation process, the employee
representatives requested that the City pay the entire employee P.E.R.S. contri-
bution rate. The City subsequently agreed to pay one-half (4.5%) of the employee
P.E.R.S. contribution rate. The one-half of the rate was in lieu of a corresponding
salary increase.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
The wages, hours and conditions of employment that
are set forth in this Memorandum have been discussed and
jointly proposed by and between the staff officials of the
City of Newport Beach (hereinafter called "NEWPORT BEACH")
and the Newport Beach Ocean Lifeguard Association (hereinafter
called "NBOLA") and shall apply to all classifications set forth
in Appendix "A" attached hereto and by this reference made a
part hereof.
The terms and conditions of employment that are set
forth in this Memorandum have been discussed in good faith be-
tween NEWPORT BEACH and NBOLA. NBOLA agrees to recommend
acceptance by its members of all the terms and conditions of
employment as set forth herein, and NEWPORT BEACH agrees to
recommend to the Newport Beach City Council that all the terms
and conditions of employment as set forth herein be incorporated
in full in a resolution of the City Council. Upon the adoption
of such a resolution, all the terms and conditions of this
Memorandum so incorporated shall become effective without further
action by either party.
-1- 1 S1 - , g2
ARTICLE I
NBOLA Recognition
NEWPORT BEACH hereby confirms its prior certification
of NBOLA as the recognized employee organization for the
employees in the Lifeguard unit, and agrees to meet and confer
and otherwise.deal exclusively with NBOLA on all matters
within the scope and representation pertaining to the said
employees as authorized by law.
NBOLA agrees that during the life of this Memorandum
it will not appear before the City Council or any other
legislative body on any matter within the scope of the meet
and confer process unless required under a subpoena, or by
law, or by agreement with NEWPORT BEACH.
ARTICLE II
Salaries and Wages
NEWPORT BEACH and NBOLA agree to the salary schedule
for the various classifications as set forth in Appendix "A"
to become effective July 1, 1981.
ARTICLE III
Retirement
Effective July 1, 1981, the City agrees to pay one-half
(4.5%) of each "Safety Member" PERS Contribution Rate to the Public
Employees Retirement System (PERS).
Newport Beach and NBOLA agree that the payment of one-half
of each "Safety Member" PERS Contribution Rate is in response to
requests by NBOLA to do so, and further agree it will result in
greater economic benefit to members than a corresponding salary in-
crease.
-2-
aARTICLE IV 40
Medical
NEWPORT BEACH agrees to increase the Prudential Health
Insurance Major Medical maximum coverage benefit from Two Hundred
and Fifty Thousand Dollars ($250,000) to unlimited.
ARTICLE V
Continuation of Existing Benefits
All employees in the classifications as set forth in
Appendix "A" shall be covered by the terms and conditions and receive
all the other benefits not specifically covered by any other Article
of this Memorandum that are provided to employees of NEWPORT BEACH
as set forth in resolutions previously adopted by the City Council
of the City of Newport Beach for such purposes. The City Represen-
tative of NEWPORT BEACH will not recommend any revision or modifica-
tion to such conditions or benefits which apply to employees in the
classifications as set forth in Appendix "A" without the mutual
agreement of NBOLA.
ARTICLE VI
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations
and provisions agreed upon by the parties. Therefore, for the life
of this Memorandum, neither party shall be compelled, and expressly
waives its rights, to meet and confer with the other concerning any
issues within the scope of representation, whether or not specifically
met and conferred about prior to the execution of this Memorandum,
except by mutual agreement of the parties. No representative of
either party has authority to make and none of the parties shall be
bound by any statement, representation or agreement reached prior to
the signing of this Memorandum and not set forth herein.
-3-
' ARTICLE VII
Duration
The terms of this Memorandum are to remain in full force
and effect from July 1, 1981, until the 30th day of June, 1982,
and thereafter from year to year unless within the time frame and
in the manner designated in Section 13, Timetable for Submission
of Requests, of the Employer -Employee Relations Resolution, either
party serves written notice upon the other of its desire to make
changes in this Memorandum. Upon adoption of a.resolution approving
this Memorandum and the terms hereof by the City Council of the
City of Newport Beach, this Memorandum shall be in full force and
effect as of July 1, 1981.
ARTICLE VIII
Severability
Should any part of this Memorandum or any provisions
herein contained be rendered or declared invalid by reason of
any existing or subsequently enacted legislation or by decree
of a court of competent jurisdiction, such invalidation of such
part or portion of this Memorandum shall not invalidate the
remaining portions hereof and they shall remain in full force
and effect.
-4-
ARTICLE IX M
Non -Discrimination
NEWPORT BEACH and NBOLA agree that there will be no
discrimination by either party or by any of their agents against
any employee because of his/her membership or non -membership in
NBOLA, or because.of his/her race, creed, color, national origin,
religious belief, political affiliation, sex or age.
EXECUTED this --C 6 day of 1981,
at Newport Beach, California
CITY OF NEWPORT BEACH
0
Director
Cit
Financ&-,Director
City Representati
APPR VED AS TO FO
ROBERT H. BURNHAM
Assistant City Attorney
-5-
NEWPORT BEACH OCEAN
LIFEGUARD ASSOCIATION
Classification
Marine Safety Capt.
Marine Safety Lt.
Marine Safety Offr.
Boat Lieutenant
APPENDIX "A"
Salary Range
60.012
- 64.012
56.032
- 60.032
53.024
- 57.024
56.032
- 60.032
M
Approx. Mo.
Salary
2,189
- 2,661
1,836
- 2,232
1,574
- 1,913
1,836
- 2,232
• - � 061880
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
The wages, hours and conditions of employment that
are set forth in this Memorandum have been discussed and
jointly proposed by and between the staff officials of the
City of Newport Beach (hereinafter called "NEWPORT BEACH")
and the Newport Beach Ocean Lifeguard Association (hereinafter
called "NBOLA") and shall apply to all classifications set
forth in Appendix "A" attached hereto and by this reference
made a part hereof.
The terms and conditions of employment that are set
forth in this Memorandum have been discussed in good faith be-
tween NEWPORT BEACH and NBOLA. NBOLA agrees to recommend
acceptance by its members of all the terms and conditions of
employment as set forth herein, and NEWPORT BEACH agrees to
recommend to the Newport Beach City Council that all the terms
and conditions of employment as set forth herein be incorpora-
ted in full in a resolution of the City Council. Upon the
adoption of such a resolution, all the terms and conditions
of this Memorandum so incorporated shall become effective with-
out further action by either party.
40
ARTICLE I
NBOLA Recognition
NEWPORT BEACH hereby confirms its prior certifica-
tion of NBOLA as the recognized employee organization for
the employees in the Lifeguard unit, and agrees to meet and
confer and otherwise deal exclusively with NBOLA on all
matters within the scope and representation pertaining to
the said employees as authorized by law.
NBOLA agrees that during the life of this Memoran-
dum it will not appear before the City Council or any other
legislative body on any matter within the scope of the meet
and confer process unless required under a subpoena, or by
law, or by agreement with NEWPORT BEACH.
ARTICLE II
Salaries and Wages
NEWPORT BEACH and NBOLA agree to the salary schedule
for the various classifications as set forth in Appendix "A"
to become effective July 1, 1980.
-2-
0
ARTICLE III
Holidays
The Veterans' Day holiday shall be celebrated
November 11, 1980.
ARTICLE IV
Medical
NEWPORT BEACH agrees to increase the maximum
annual dental benefit from Five Hundred Dollars ($500.00)
to Seven Hundred Fifty Dollars ($750.00) (basic and major).
NEWPORT BEACH agrees to meet and confer with
NBOLA representatives in a timely manner regarding the
selection of an optional membership in a qualified health
maintenance organization.
ARTICLE V
Continuation of Existinq Benefits
All employees in the classifications as set forth
in Appendix "A" shall be covered by the terms and conditions
and receive all the other benefits not specifically covered
by any other Article of this Memorandum that are provided to
-3-
employees of NEWPORT BEACH as set forth in resolutions
previously adopted by the City Council of the City of Newport
Beach for such purposes. The City Representative of NEWPORT
BEACH will not recommend any revision or modification to such
conditions or benefits which apply to employees in the classi-
fications as set forth in Appendix "A" without the mutual
agreement of NBOLA.
ARTICLE VI
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipu-
lations and provisions agreed upon by the parties. Therefore,
for the life of this Memorandum, neither party shall be com-
pelled, and expressly waives its rights, to meet and confer
with the other concerning any issues within the scope of repre-
sentation, whether or not specifically met and conferred about
prior to the execution of this Memorandum, except by mutual
agreement of the parties. No representative of either party
has authority to make and none of the parties shall be bound
by any statement, representation or agreement reached prior to
the signing of this Memorandum and not set forth herein.
-4-
ARTICLE VII
Duration
The terms of this Memorandum are to remain in full
force and effect until the 30th day of Jun, 1981, and there-
after from year to year unless within the time frame and in
the manner designated in Section 13, Timetable for Submission
of Requests, of the Employer -Employee Relations Resolution,
either party serves written notice upon the other of its
desire to make changes in this Memorandum. Upon adoption of
a resolution approving this Memorandum and the terms hereof
by the City Council of the City of Newport Beach, this Memo-
randum shall be in full force and effect as of July 1, 1980.
ARTICLE VIII
Separability
Should any part of this Memorandum or any provisions
herein contained be rendered or declared invalid by reason of
any existing or subsequently enacted legislation or by decree
of a court of competent jurisdiction, such invalidation of
such part or portion of this Memorandum shall not invalidate
the remaining portions hereof and they shall remain in full
force and effect.
-5-
•
ARTICLE IX
Non -Discrimination
NEWPORT BEACH and NBOLA agree that there will be
no discrimination by either party or by any of their agents
against any employee because of his membership or nonmember-
ship in NBOLA, or because of his race, creed, color, national
origin, religious belief, political affilication, sex, or
age.
EXECUTED this 23rd day of June
at Newport Beach, California.
CITY OF NEWPORT BEACH
By n
WA. SCH41
Personnel director/
C'ty Repi-esentative
�.GEORCE PAIVAS
Finance Director/
City Representative
APPROVED AS TO FORM:
ROBERT H. BURNHAM
Assistant City Attorney
cm
1980,
NEWPORT BEACH OCEAN
LIFEGUARD A OCIATION
B
Y ....
L A KABEY
By i )--s 41b'
RAY GAR JR
0
Classification
Marine Safety Capt
Marine Safety Lt.
Marine Safety Offr
Boat Lieutenant
APPENDIX "A"
Salary Range
58.034
- 62.034
55.005 -
59.005
51.047
- 55.047
55.005 -
59.005
-7 -
Approx. Mo.
Salary
2,028 - 2,466
1,703 - 2,070
1,460 - 1,774
1,703 - 2,070
4b
g.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
A RECOGNIZED EMPLOYEE ORGANIZATION
The wages, hours, and conditions of employment that are set
forth in this Memorandum have been discussed and jointly proposed
by and between the staff officials of the City of Newport Beach
(hereinafter called. "NEWPORT BEACH") and the Newport Beach Ocean
Lifeguard Association (hereinafter called "NBOLA") and shall
apply to all classifications set forth in Appendix "A."
The terms and conditions of employment that are set forth
in this Memorandum have been discussed in good faith between
NEWPORT BEACH and the NBOLA. The NBOLA agrees to recommend
acceptance by its members of all the terms and conditions of
employment as set forth herein, and NEWPORT BEACH agrees to
recommend to the Newport Beach City Council that all the terms
and conditions of employment as set forth herein be incorporated
in full in a resolution of the City Council. Upon the adoption
of such a resolution, all the terms and conditions of this
Memorandum so incorporated shall become effective without
further action by either party.
ARTICLE I
NBOLA Recognition
NEWPORT BEACH hereby confirms its prior certification of
NBOLA as the recognized employee organization for the employees
G r,
c�
r
in the Lifeguard unit, and agrees to meet and confer and other-
wise deal exclusively with NBOLA on all matters within the
scope and representation pertaining to the said employees as
authorized by law.
The NBOLA agrees that during the life of this Memorandum it
will not appear before the City Council or any other legislative
body on any matter within the scope of the meet and confer
process unless required under a subpoena, or by law, or by
agreement with NEWPORT BEACH.
ARTICLE II
Salaries and Wages
NEWPORT BEACH and NBOLA agree to the salary schedule for
the various classifications as set forth in Appendix "A"
attached to this Memorandum and by this reference made a part
hereof, to be effective July 1, 1979.
ARTICLE III
Retirement
NEWPORT BEACH agrees to pay one-half of the employees'
contribution to the Public Employees Retirement System (PERS).
NEWPORT BEACH 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. NEWPORT
-2-
ft
BEACH 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 NEWPORT BEACH shall cease and
revert to the normal rate of employee contribution.
ARTICLE IV
Scholastic Achievement Plan
NEWPORT BEACH agrees to the Scholastic Achievement Plan as
detailed in Appendix "B" to this Memorandum.
ARTICLE V
Military Buy -Back
Effective July 1, 1978, NEWPORT BEACH agrees to amend its
contract with the Public Employees Retirement System (PERS) to
provide for the inclusion of Section 20930.3 of the California
Government Code, said section allowing for credit for military
service for employees represented by NBOLA.
ARTICLE VI
Continuation of Existing Benefits
All employees in the classifications as set forth in Appen-
dix "A" shall be covered by the terms and conditions and receive
all the other benefits not specifically covered by any other
Article of the Memorandum that are provided to employees of
NEWPORT BEACH as set forth in resolutions previously adopted
by the City Council of the City of Newport Beach for such purposes.
The City Representative of Newport Beach will not recommend any
-3-
ft
L67
revision or modification to such conditions or benefits which
apply to employees in the classifications as set forth in
Appendix "A" without the mutual agreement of NBOLA.
ARTICLE VII
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations
and provisions agreed upon by the parties. Therefore, for the
life of this Memorandum, neither party shall be compelled, and
expressly waives its rights, to meet and confer with the other
concerning any issues within the scope of representation,
whether or not specifically met and conferred about prior to
the execution of this Memorandum,except by mutual agreement of
the parties. No representative of either party has authority to
make and none of the parties shall be bound by any statement,
representation, or agreement reached prior to the signing of
this Memorandum and not set forth herein.
ARTICLE VIII
Duration
The terms of this Memorandum are to remain in full force
and effect 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 to make
-4-
d
L7
changes in this Memorandum. Upon adoption of a Resolution
approving this Memorandum and the terms hereof by the City
Council of the City of Newport Beach, this Memorandum shall be
in full force and effect as of the first day of July, 1978.
ARTICLE IX
Separability
Should any part of this Memorandum or any provisions herein
contained be rendered or declared invalid by reason of any
existing or subsequently enacted legislation or by decree of a
court of competent jurisdiction, such invalidations of such
part or portion of this Memorandum shall not invalidate the
remaining portions hereof and they shall remain in full force
and effect.
ARTICLE X
Non -Discrimination
NEWPORT BEACH and NBOLA agree that there will be no discri-
mination by either party or by any of their agents against any
employee because of his membership or non -membership in the
NBOLA, or because of his race, creed, color, national origin,
religious belief, political affiliation, sex, or age.
ARTICLE XI
State Surplus Disclaimer
If, in Fiscal Year 1979-80, the State allocates surplus
funds to cities to relieve the burden created by lost property
tax revenues brought about by the passage of Proposition 13, and
-5-
ft
00
if conditions are attached to those funds which prevent or
limit the City's ability to grant employee salary increases,
then 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, NEWPORT BEACH
agrees to pay employees that percentage salary increase up to a
maximum increase as set forth in Appendix "A";
2. NEWPORT BEACH and NBOLA agree to reopen negotiations
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 NEWPORT BEACH and NBOLA agree to reopen negoti-
ations for the purpose of determining substitute forms of compen-
sation which will equate to the total dollar amount of the
proposed percentage salary increase as set forth in this Memoran-
dum of Understanding, subject to the conditions contained in
paragraph 4 below;
4. The commitments contained in this Article are made by
NEWPORT BEACH in good faith and shall be honored by NEWPORT BEACH
to the best of its ability, exercising every reasonable effort
aM.
H
ft
L7
to make available sufficient municipal revenues to satisfy
these commitments;
5. If the State guidelines have been adjudicated and
declared invalid as they apply to salary adjustments contained
in existing contractual agreements, NEWPORT BEACH agrees to pay
the full percentage salary increase as set forth in this
Memorandum of Understanding.
EXECUTED this l,3*" day of L 16-CLe, 1978.
CITY OF NEWPORT BEACH NEWPORT BEACH OCEAN LIFEGUARD
ASSOCIATION
APPROVED AS TO FORM:
DENNI D. O'NEIL, City Attorney
-7-
1p
Marine Safety Captain
Marine Safety Lieutenant
Marine Safety officer
Boat Lieutenant
41.0
APPENDIX "A"
-i-
Approx. Mo.
Salary
Range
Salary
55.049 -
59.049
1,778 - 2,161
52.020 -
56.020
1,493 - 1,815
49.012 -
53.012
1,280 - 1,556
52.020 -
56.020
1,493 - 1,815
-i-
ft
APPENDIX "B"
SCHOLASTIC ACHIEVEMENT PLAN
100
I. APPLICABILITY
This Plan shall apply to the following classifications
in the Marine Department:
(a) Marine Safety Captain;
(b) Marine Safety Lieutenant;
(c) Marine Safety Officer;
(d) Boat Lieutenant.
II. DEFINITIONS
1. Years of Service
Full time employment with the City of Newport Beach
Marine Department or another Marine Department in
one of the above classifications.
2. Total College Semester Units
The total number of college semester units from an
accredited college or university in addition to those
required by the employee's most current class specifi-
cation.
3. Total Job -Related Units
The total number of college semester units from an
accredited college or university in addition to those
required by the employee's most current class specifi-
cation, for which tuition reimbursement by the City
has been or would normally be granted.
ft 00
III. ELIGIBILITY
To be eligible for participation in this Plan, an
employee must:
a) Have been employed by the City of Newport
Beach or another Marine Department in one
of the above classifications for the
minimum periods of time specified in Section
V below;
b) Have completed the minimum number of total
semester units, in addition to those required
by his present classification, as specified
in Section V below;
c) Have been rated competent or above in each
of his last two annual performance evalua-
tions;
d) Have passed his initial probationary period
as an employee in the Marine Department in one
of the above classifications; and
e) Be recommended by his Department Director.
IV. APPLICATION PROCEDURE
Employees of the Department qualifying under Section III
above must submit evidence of such qualification prior to
July 1 in order to receive payment for the period July 1 -
June 30; and prior to February 1 in order to receive
V:
VI.
p
00
payment for the period February 1 - June 30. No other
periods for application for payment under this Plan
will be allowed.
Application for payment is to be made on forms provided
by the Personnel Office. Records substantiating the
employee's eligibility must be attached to the form.
SCHEDULE OF PAYMENTS
Years
of Total College Compensation
Service Semester Units Per Month
2 30 $ 25.00
3 30 25.00
3 60 50.00
3 90 75.00
4 30 25.00
4 60 50.00
4 90 75.00
4 120 100.00
APPROVAL AUTHORITY
The City Manager shall be the final approval authority for
all requests submitted under this Plan.
-iv-
r
A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
A RECOGNIZED EMPLOYEE ORGANIZATION
The wages, hours and conditions of employment that are set forth
in this Memorandum have been discussed and jointly proposed by and
between the staff officials of the City of Newport Beach (hereinafter
called "NEWPORT BEACH") and the Newport Beach Ocean Lifeguard Association
(hereinafter called "NBOLA") and shall apply to all classifications
set forth in Appendix "A.
The terms and conditions of employment that are set forth in
this Memorandum have been discussed in good faith between NEWPORT
BEACH and the NBOLA. The NBOLA agrees to recommend acceptance by
its members of all the terms and conditions of employment as set
forth herein, and NEWPORT BEACH agrees to recommend to the Newport
Beach City Council that all the terms and conditions of employment as
set forth.herein be incorporated in full in a resolution of the City
Council. Upon the adoption of such a resolution, all the terms and
conditions of this Memorandum so incorporated shall become effective
without further action by either party.
ARTICLE I
NBOLA Recognition
NEWPORT BEACH hereby confirms its prior certification of NBOLA as
the recognized employee organization for the employees in the Lifeguard
unit, and agrees to meet and confer and otherwise deal exclusively with
NBOLA on all matters within the scope of representation pertaining to the
said employees as authorized by law.
The NBOLA agrees that during the life of this Memorandum it will not
appear before the City Council or any other legislative body on any matter
within the scope of the meet and confer process unless required under a
subpoena, or by law, or by agreement with NEWPORT BEACH.
ARTICLE II
Salaries and Wages
NEWPORT BEACH and NBOLA agree to the salary schedule for the various
classifications as set forth in Appendix "A" attached to this Memorandum and
by this reference made a part hereof.
ARTICLE III
Retirement
NEWPORT BEACH agrees to amend its contract with the Public Employees
Retirement System to provide for the inclusion of Section 21252.01, referred
to as the 2% @ 50 retirement formula. The effective date of this Amendment
will be June 30, 1979, or as close to that date as possible in accordance
with the schedule prescribed by the Public Employees Retirement System.
ARTICLE IV
Boat Operators
NEWPORT BEACH agrees to compensate Marine Safety Officers assigned as
Boat Operators on a full-time basis $12.50 per month additional compensation
effective July 2, 1977; and $25.00 per month additional compensation effective
July 1, 1978.
ARTICLE V
Continuation of Existing Benefits
All employees in the classifications as set forth in Appendix "A"
shall be covered by the terms and conditions and receive all the other
benefits not specifically covered by any other Article of the Memorandum
that are provided to employees of Newport Beach as set forth in Resolutions
previously adopted by the City Council of the City of Newport Beach for such
purposes. The City Representative of Newport Beach will not recommend any
revision or modification to such conditions or benefits which apply to employees
in the classifications as set forth in Appendix "A" without the mutual agreement
of NBOLA.
ARTICLE VI
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, for the life of this Memorandum,
neither party shall be compelled, and expressly waives its rights, to meet
and confer with the other concerning any issues within the scope of
representation, whether or not specifically met and conferred about prior
to the execution of this Memorandum, except by mutual agreement of the parties.
No representative of either party has authority to make and none of the
parties shall be bound by any statement, representation, or agreement
reached prior to the signing of this agreement and not set forth herein.
ARTICLE VII
Duration
The terms of this Memorandum are to remain in full force and effect
until the 30th day of June, 1979, and thereafter from year to year unless
within the time frame and in the manner designated in Section 13 TIMETABLE
FOR SUBMISSION OF REQUESTS of the Employer -Employee Relations Resolution,
either party serves written notice upon the other party of its desire to
make changes in this Memorandum. Upon adoption of a Resolution approving
this Memorandum and the terms hereof by the City Council of the City of
Newport Beach, this Memorandum shall be in full force and effect as of the
1st day of July, 1977.
ARTICLE VIII
Separability
Should any part of this Memorandum or any provisions herein contained
be rendered or declared invalid by reason of any existing or subsequently
enacted legislation or by decree of a court of competent jurisdiction, such
invalidations of such part or portion of this Memorandum shall not invalidate
the remaining portions hereof and they shall remain in full force and effect.
ARTICLE IX
NEWPORT BEACH and NBOLA agree that there will be no discrimination
by either party or by any of their agents against any employee because of his
4
membership or non -membership in the NBOLA, or because of his race, creed, color,
national origin, religious belief, political affiliation, sex, or age.
Executed this /57
CITY OF NEWPORT BEACH
day of a�x , 1977.
THE NEWPORT BEACH OCEAN LIFEGUARD
ASSOCIATION
By:
FRANK IVENS, Assistant to the JOH LAUER, resident
City Manager and City Representative /�
LARRY G�BSON, Representative
Approved as to Form:
DENNIS O'NEIL, City Attorney
APPENDIX "A"
Effective July 2, 1977
Classification
Salary Range
Monthly
Salary
Marine Safety Captain
52.047
- 56.047
$1533
- 1863
Marine Safety Lieutenant
49.018
- 53.018
1287
- 1565
Boat Lieutenant
49.018
- 53.018
1287
- 1565
Marine Safety Officer
46.010
- 50.010
1103
- 1341
-0 a
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
A RECOGNIZED EMPLOYEE ORGANIZATION
The wages, hours and conditions of employment that are set forth
in this Memorandum have been discussed and jointly proposed by and
between the staff officials of the City of Newport Beach (hereinafter
called "NEWPORT BEACH ") and the Newport Beach Ocean Lifeguard Association
(hereinafter called "NBOLA ") and shall apply to all classifications
set forth in Appendix "A ".
The terms and conditions of employment that are set forth in
this Memorandum have been discussed in good faith between NEWPORT
BEACH and the NBOLA. The NBOLA agrees to recommend acceptance by
its members of all the terms and conditions of employment as set
forth herein, and NEWPORT BEACH agrees to recommend to the Newport
Beach City Council that all the terms and conditions of employment as
set forth herein be incorporated in full in a resolution of the City
Council. Upon the adoption of such a resolution, all the terms and
conditions of this Memorandum so incorporated shall become effective
without further action by either party.
ARTICLE I
NBOLA Recognition
NEWPORT BEACH hereby confirms its prior certification of NBOLA as
the recognized employee organization for the employees in the Lifeguard
unit, and agrees to meet and confer and otherwise deal exclusively with
•
NBOLA on all matters within the scope of representation pertaining to the
said employees as authorized by law.
The NBOLA agrees that during the life of this Memorandum it will not
appear before the City Council or any other legislative body on any matter
within the scope of the meet and confer process unless required under a
subpoena, or by law, or by agreement with NEWPORT BEACH.
ARTICLE II
Salaries and Wages
NEWPORT BEACH and NBOLA agree to the salary schedule for the various
classifications as set forth in Appendix "A" attached to this Memorandum and
by this reference made a part hereof, to be effective July 3, 1976.
ARTICLE III
Continuation of Existing Benefits
All employees in the classifications as set forth in Appendix "A"
shall be covered by the terms and conditions and receive all the other
benefits not specifically covered by any other Article of the Memorandum
that are provided to employees of Newport Beach as set forth in Resolutions
previously adopted by the City Council of the City of Newport Beach for such
purposes. The City Representative of Newport Beach will not recommend any
revision or modification to such conditions or benefits which apply to employees
in the classifications as set forth in Appendix "A" without the mutual agreement
of NBOLA.
ARTICLE IV
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, for the life of this Memorandum,
neither party shall be compelled, and expressly waives its rights, to meet
E
0
and confer with the other concerning any issues within the scope of
representation, whether or not specifically met and conferred about prior
to the execution of this Memorandum, except by mutual agreement of the parties.
No representative of either party has authority to make and none of the
parties shall be bound by any statement, representation, or agreement
reached prior to the signing of this agreement and not set forth herein.
ARTICLE V
Duration
The terms of this Memorandum are to remain in full force and effect
until the 30th day of June, 1977, and thereafter from year to year unless
within the time frame and in the manner designated in Section 13 TIMETABLE
FOR SUBMISSION OF REQUESTS of the Employer - Employee Relations Resolution,
either party serves written notice upon the other party of its desire to
make changes in this Memorandum. Upon adoption of a Resolution approving
this Memorandum and the terms hereof by the City Council of the City of
Newport Beach, this Memorandum shall be in full force and effect as of the
1st day of July, 1976.
ARTICLE VI
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.
0 0
ARTICLE VII
Non - Discrimination
NEWPORT BEACH and NBOLA agree that there will be no discrimination
by either party or by any of their agents against any employee because
of his membership or non - membership in the NBOLA, or because of his race,
creed, color, national origin, religious belief, political affiliation,
sex, or age.
Executed this — oqg 6�' day of 1976.
CITY OF NEWPORT BEACH
do
sirs ant t Rs
(City, arage"r and City Re
VLV. \Vl 1!1 ) 1 IIIY 11,1
and City ep esentati
Approved as to Form:
DENNIS 0 NEIL, City Attorney
tative
THE NEWPORT BEACH OCEAN
I TFFGIIARn Aq,;orTATTnN
92
LARKY G B ON, Representative
0
Marine Safety Captain
Marine Safety Lieutenant
Boat Lieutenant
Boat Operator
Marine Safety Officer
APPENDIX "A"
Effective July 3, 1976
Salary Range
51.022
- 55.022
48.038
- 52.038
47.030
- 51.030
45.030
- 49.030
45.030
- 49.030
0
Monthly Salary
1425 - 1732
1250 - 1520
1181 - 1436
1072 - 1303
1072 - 1303
/- 3�1
0
0
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
A RECOGNIZED EMPLOYEE ORGANIZATION
The wages, hours and conditions of employment that are set forth in
this Memorandum have been discussed and jointly proposed by and between
the staff officials of the City of Newport Beach (hereinafter called
"NEWPORT BEACH ") and the Newport Beach Ocean Lifeguard Association
(hereinafter called "NBOLA) ") and shall apply to all classifications
set forth in Appendix "A"
The terms and conditions of employment that are set forth in this
Memorandum have been discussed in good faith between NEWPORT BEACH and
the NBOLA. The NBOLA agrees to recommend acceptance by its members
of all the terms and conditions of employment as set forth herein, and
NEWPORT BEACH agrees to recommend to the Newport Beach City Council
that all the terms and conditions of employment as set forth herein be
incorporated in full in a resolution of the City Council. Upon the
adoption of such a resolution, all the terms and conditions of this
Memorandum so incorporated shall become effective without further action
by either party.
ARTICLE I
NBOLA Recognition
NEWPORT BEACH hereby confirms its prior certification of NBOLA as
the recognized employee organization for the employees in the Lifeguard
unit, and agrees to meet and confer and otherwise deal exclusively with
NBOLA on all matters within the scope of representation pertaining to
I
F�
a
0 0
said employees as authorized by law.
The NBOLA agrees that during the life of this Memorandum it will not
appear before the City Council or any other legislative body on any matter
within the scope of the meet and confer process unless required under a
subpoena, or by law, or by agreement with NEWPORT BEACH.
ARTICLE II
Dues Check -Off
NEWPORT BEACH agrees to a check -off for the payment of the regular
monthly NBOLA dues, and to deduct such payments from the wages of all
NBOLA members and employees when authorized to do so by said members and
employees, and remit such payments to the NBOLA in accordance with the
terms of signed authorizations of such members and employees. The
deduction of such dues and the remittal of same by the City of Newport
Beach to the NBOLA shall constitute payment of said dues by such members
and employees of the NBOLA.
ARTICLE III
Salaries and Wages
NEWPORT BEACH and NBOLA agree to the salary schedule for the various
classifications as set forth in Appendix "A" attached to this Memorandum
and by this reference made a part hereof.
ARTICLE IV
Holidays
NEWPORT BEACH agrees to add the following holidays to those observed
by the City:
Christmas
Eve
(Last
half
of
the
working
day)
New Year's
Eve
(Last
half
of
the
working
day)
ARTICLE V
Vacation
NEWPORT BEACH agrees to revise the vacation accural schedule as follows:
Yrs. of Continuous Service Accural Rate
0 but less than 5 96 Hours
5 but
less
than 9
112
Hours
9 but
less
than 13
128
Hours
13 but
less
than 17
144
Hours
17 but
less
than 21
160
Flours
21 but
less
than 25
176
Hours
25 and
over
192
Hours
ARTICLE VI
Retirement
NEWPORT BEACH and NBOLA agree to a joint valuation of the Amendments
to the Retirement System authorized by Assembly Bill 898. NEWPORT BEACH
agrees to implement said amendments if such action results in no cost to
the City.
ARTICLE VII
Compensation for Underwater Search and Recovery Duties
NEWPORT BEACH agrees to compensate each permanent employee who is a
certified member of the Marine Department Underwater Search and Recovery
Team at the rate of $50.00 per month, to commence with the first full
pay period following November 1, 1975. The Marine Department Director
shall, subject to the approval of the City Manager, determine the minimum
qualifications necessary for initial certification and the requirements
for continued membership. The Marine Department Director shall certify on
a bi- weekly basis to the Finance Department those personnel eligible to
receive additional compensation.
ARTICLE VIII
Other Terms and Conditions of Empl2)ment
All other terms and conditions of employment of all employees
represented by NBOLA in existence immediately prior to the effective
date of this agreement shall remain unchanged and in full force and
effect during the entire term of this Memorandum unless altered by
mutual agreement of the parties hereto.
ARTICLE IX
Conclusiveness of Agreement
This Memorandum contains all the covenants, stipulations and provisions
agreed upon by the parties. Therefore, for the life of this Memorandum,
neither party shall be compelled,and expressly waives its rights, to meet
and confer with the other concerning any issues within the scope of
representation, whether or not specifically met and conferred about prior
to the execution of this Memorandum, except by mutual agreement of the
parties. No representative of either party has authority to make and none
of the parties shall be bound by any statement, representation, or agreement
reached prior to the signing of this agreement and not set forth herein.
ARTICLE X
niira +inn
The terms of this Memorandum are to remain in full force and effect
until the 30th day of June, 1976, and thereafter from year to year unless
within the time frame and in the manner designated in Section 13 TIMETABLE
FOR SUBMISSION OF REQUESTS of the Employer - Employee Relations Resolution,
either party serves written notice upon the other party of its desire to
make changes in this Memorandum. Upon adoption of a Resolution approving
this memorandum and the terms hereof by the City Council of the City of
Newport Beach, this Memorandum shall be in full force and effect as of the
1st day of July, 1975.
ARTICLE XI
Separability
Should any part of this Memorandum or any provisions herein contained
be rendered or declared invalid by reason of any existing or subsequently
enacted legislation or by decree of a court of competent jurisdiction,
such invalidations of such part or portion of this Memorandum shall not
invalidate the remaining portions hereof and they shall remain in full
force and effect.
ARTICLE XII
Non- Discrimination
NEWPORT BEACH and NBOLA agree that there will be no discrimination
by either party or by any of their agents against any employee because
of his membership or non - membership in the NBOLA, or because of race, creed,
color, national origin, religious belief, political affiliation, sex or
age.
Executed this 7
CITY OF NEWPORT BEACH
'1
day of_�, 1975.
U
THE NEWPORT BEACH OCEAN
LIFEGUARD ASSOCIATION
By:
FRANK IVENS, Assistant to the
City Manager and City Representative
Ck
j
GEORGE PAPPAS Finance DirVctOr
and City Representative
Appr ed as to Form:
DENNIS O'NEIL, City Attorney
By: -
LARRY GIBSON, Representative
RAY GAR Representative
APPENDIX A
Effective July 5,
1975
Approximate
Salary
Range
Monthly
Salary
Marine Safety Captain
48.028
- 52.028
1,238 -
1,505
Marine Safety Lieutenant
46.028
- 50.028
1,123 -
1,365
Boat Lieutenant
46.028
- 50.028
1,123 -
1,365
Boat Operator
44.028
- 48.028
1,019 -
1,238
Marine Safety Officer
44.028
- 48.028
1,019 -
1,238
RESOLUTION NO. 8534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE AGREEMENT NEGOTIATED
BY REPRESENTATIVES OF THE NEWPORT BEACH OCEAN
LIFEGUARD ASSOCIATION, AND THE CITY REPRESENTATIVE
WHEREAS, Resolution No. 7173 of the City Council of the
City of Newport Beach provides that the City Representative and
Representatives of the Newport Beach Ocean Lifeguard 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 Ocean Lifeguard Association have met and have
agreed on those matters within the authority of such representatives;
and
WHEREAS, the City Representative and Representatives of
the Newport Beach Ocean Lifeguard Association have jointly recommended
approval of this agreement by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach does hereby approve the agreement reached
and directs that the changes recommended by the agreement be placed
into effect on July 1, 1975.
ADOPTED this 14th day of July 1975.
ATTEST:
City Clerk
• f
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION
The City of Newport Beach ( "CITY ") and the
Newport Beach Ocean Lifeguard Association ( "ASSOCIATION ") entered
into a Memorandum of Understanding ( "MEMORANDUM ") on May 18, 1973.
This Memorandum was intended to cover a two -year
period. However, recent salary adjustments in other jurisdictions,
since that Memorandum was entered into, have made a reevaluation of
the terms of the Memorandum desirable and necessary.
This reevaluation has disclosed a need to amend the
existing Memorandum.
NOW, THEREFORE, in consideration of the foregoing,
CITY and ASSOCIATION agree as follows:
1. ARTICLE I of the Memorandum is amended to read as
follows:
Effective January 4, 1975, the salary of each employee represented
by the ASSOCIATION shall be increased by an amount equal to three percent
(3 %) over and above his salary immediately prior thereto.
2. ARTICLE II of the Memorandum is deleted in its entirety
and the following provisions are substituted in its place:
Effective October 1, 1974, the Health Insurance Plan, maintained by the
City will be changed as indicated for employees and their eligible dependents
as follows:
A. The calendar year deductible for each insured family
member shall be reduced to $50.00 per year.
B. The family deductible limit shall be reduced to $150.00.
C. Out -of- pocket limit (co- insurance limit) of $500.00
per person will be added to the Plan. This feature will
provide 100% reimbursement of covered medical expenses
when the 20% co- insurance paid by the employee reaches
$500.00 in any calendar year.
D. The maximum benefit for each insured family member
shall be increased to $250,000.00.
E. The existing maternity benefit will be discontinued
for pregnancies that commence on or after July 1, 1974.
Effective October 1, 1974, the CITY shall pay 100% of the employee
premium cost for Health and Life Insurance including all increased
premium cost resulting from the amendments to the Health Insurance
coverage described hereinabove. The premium payments for Short and
Long Term Disability Insurance shall continue to be governed by the
terms now in effect (i.e., those employees who have 0 -19 days of
accrued sick leave shall pay 100% of the premium cost; those employees
who have 20 -39 days of accured sick leave shall pay 50% of the premium
cost and the City shall pay 50% of the premium cost; those employees
who have 40 or more days of accrued sick leave shall have the entire
cost paid by the City.) In addition, the CITY shall continue to extend
Health Insurance coverage to eligible dependents of employees and to
pay 95% of the premium cost for such dependents, including the increased
premiums resulting from the amendments described hereinabove. The
remaining 5% of such premiums shall be paid by the employees.
3. Except for the amendments referred to herein, all
other provisions of the Memorandum shall remain in full force
and effect.
Executed this 0601 day of , 1974.
CITY OF NEWPORT BEACH
NEWPORT BEACH OCEAN LIFEGUARD ASSOCI
6
BY: ` lkyzwj By:R
FRANK IVEHS, Assistant to the City L N L
Manager, and City Represe tive Newport
rX
Ocean Lifeguard Assoc
�k By:
GEORGE P S, nce 0Vctor Y GA ER, r of Directors
and City resentative Newport Beach can Lifeguard Association