R
esolution approving the Memorandum of Understanding
between the City
and the Hermosa Beach Management Association
Recommendation:
It is recommended that the City
Council adopt the attached resolution approving the Memorandum
of Understanding between the City and the Hermosa Beach
Management Association.
Background:
The City Council directed staff to
meet and confer with representatives of this employee group to
discuss wages, hours, and working conditions contained in the
Memorandum of Understanding that is to expire on June 30, 2000.
The parties have reached a tentative agreement on the terms
described below. The members of the employee group met and have
approved the tentative agreement.
The negotiated major changes
include:
-
2% for Police and Fire Chiefs
effective July 1, 2000 and July 1, 2001
-
4% for all others effective
July 1, 2000 and July 1, 2001
-
4.6% for all classes
effective July 1, 2002
-
Amendment to the City’s
Contract with the Public Employees Retirement System to
implement the retirement formula known as "3% @ 50" for
Police and Fire Chiefs effective 1/1/01 and "2% @ 55" for
all other classifications effective 1/1/01.
-
Increases in contributions to
deferred compensation programs effective July 1, 2000 and
July 1, 2001.
The fiscal impact for this group is
$53,000 for the 2000-2001 fiscal year. Funding for this has
been included in Prospective Expenditures account of the
2000-2001 Budget.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF HERMOSA BEACH AND
MANAGEMENT EMPLOYEES
JULY 1, 2000 - JUNE 30, 2003
SALARY, BENEFITS AND OTHER CONDITIONS OF
EMPLOYMENT
FOR MANAGEMENT EMPLOYEES
MANAGEMENT EMPLOYEES COMPENSATION PROVISIONS FOR
THE PERIOD COMMENCING JULY 1, 2000 THROUGH JUNE 30, 2003
ARTICLE 1 –
PREAMBLE
The provisions of this Agreement have been
developed in the interest of promoting and improving employee
relations between the City of Hermosa Beach, California and
Management Employees who are represented by the Hermosa Beach
Management Employees' Association.
ARTICLE 2 –
COMPENSATION
A. The City agrees to hire and appropriately
compensate capable management personnel. They will be
professional, adequately trained, meet standards required for
such positions, and the Council reaffirms that compensation
will include such items as salary, contribution for P.E.R.S.,
vehicle, deferred compensation, cafeteria-style options of
compensation, merit and retirement.
B. Effective July 1, 2000 the base monthly
salaries of the management positions shall be as
follows:
Personnel & Risk Management Dir. 5772
6062 6365 6684
Community Resources Director 6334 6649
6983 7332
Community Development Director 6740 7078
7431 7803
Finance Director 6740 7078 7431
7803
Public Works Director 7094 7448 7821
8213
Fire Chief 7670 7305 7670 8055
Police Chief 7639 8021 8422 8843
C. Effective July 1, 2001, salaries will be
increased 2% Police and Fire Chiefs and 4% for all others;
and July 1, 2002, base monthly salaries shall be increased
4.6% for all employees covered under this Agreement.
ARTICLE 3 –
EDUCATIONAL ALLOWANCE
A. For employees hired prior to July 1,
1995:
1. An employee who has entered upon a
program of education at an accredited university or
college, which program has been previously approved by
the City Manager prior to October 1, 1995 shall be
entitled to a vocational allowance in an amount equal to
sixty-six percent (66%) of the tuition actually paid by
such employee, which tuition was paid after written
approval as aforesaid, and which sums shall be paid by
the City within thirty days after submission of proof of
payment of said tuition by the employee in accordance
with the terms of this paragraph.
2. Effective October 1, 1995 an employee
who enrolls in a program of education at an accredited
university or college, which program has previously been
approved by the City Manager, shall be entitled to
reimbursement for course fees, books, materials and
tuition an amount equal to sixty-six percent (66%) of
amount incurred. Said reimbursement for tuition shall not
exceed 66% of the tuition charged for attendance at a
college within the California State University (CSU)
system.
b. There shall be no Educational Allowance for
employees hired after July 1, 1995.
ARTICLE 4 –
INCENTIVE BONUS PROGRAM
A. Employees covered by this Resolution shall
be eligible to receive an Incentive Bonus Program award
annually. Said bonus award shall be in an amount determined
by the City Manager, not to exceed 10% of salary.
B. Incentive bonuses are to be awarded in
November of each year.
ARTICLE 5 –
DEFERRED COMPENSATION
A. Each employee, individually, may elect to
participate in any deferred compensation plan offered by the
City.
B.
Effective July 1, 1997 through June 30, 1998,
the City will match employee deferred compensation
contributions up to a maximum of twenty-five percent (25%) of
the annual maximum allowable deferral.
Effective July 1, 2000, the City will
provide contributions up to seventy-five (75%) of the
annual maximum allowable deferral.
C.
Effective July 1, 1998, the City will match
employee deferred compensation contributions up to a maximum
of fifty percent (50%) of the annual maximum allowable
deferral.
Effective July 1, 2001, the City
contributions shall increase to 100% of the maximum
allowable contribution.
ARTICLE 6 –
ADDITIONAL COMPENSATION
Should responsibilities of a position change
significantly, the compensation for the classification shall be
established following completion of an appropriate salary
survey. Said salary shall be commensurate with the new
responsibilities.
ARTICLE 7 –
ASSISTANT CITY MANAGER PREMIUM PAY
A. Management employees may be designated by
the City Manager as Assistant City Manager for the purpose
of special or general assignments. Such designation shall
be mutually agreed to by the City Manager and the
Department Director(s). Assignments may be daily, weekly or
monthly and shall be paid as a per diem base premium of 5
to 20 percent, said amount to be mutually determined at
time of designation.
B. An individual so assigned shall report
directly to the City Manager and shall operate within
specified written goals and objectives.
C. Said appointment shall terminate at the
pleasure of either party with thirty days written
notification.
ARTICLE 8 –
VACATION
A. Upon employment, Management employees shall
accrue vacation at the following rates:
1. 96 hours per year through four (4)
years of service;
2. 120 hours per year, five (5) years
through (9) years of service;
3. 160 hours per year, ten (10) years
or more of service.
B. Further, the employee may be paid cash in
lieu of unused vacation in excess of two weeks (80 hours)
vacation at any time.
C. Vacation may be accrued up to a thirty (30)
month accrual level, with an automatic cash-out of hours in
excess of that amount. Employees with a current, as of May 1,
1994, accrual balance in excess of that amount shall have
that amount established as their maximum accrual until such
time as their accrual is diminished to a thirty (30) month
accrual level.
D. Employees shall be reimbursed for 100%
unused vacation days accrued upon resignation, retirement or
imposed termination from their employment with the
City.
ARTICLE 9 –
MANAGEMENT LEAVE
Employees shall be allowed eighty (80) hours of
additional leave each calendar year in addition to flex time
for extraordinary assignments, fixed holidays, vacation, and
bereavement leave. Management leave does not accumulate or
carry over, it must be used each year. Said management leave
shall have no monetary value and shall be prorated for partial
year's service.
ARTICLE 10 –
HOLIDAYS
Holidays shall be consistent with those provided
to employees governed by the Administrative Employees
Bargaining unit.
ARTICLE 11 –
SICK LEAVE
A. Basis of Sick Leave
1. Accrual shall be at six (6) hours per
month until a balance of 176 hours is achieved.
Accrual shall be eight (8) hours per month once a
balance of 176 hours is achieved.
After 176 hours accrued, member may cash in the excess
annually at 100% rate. Maximum accrual will be 500 hours.
Any excess will be automatically cashed in at 100% rate.
This to be paid with the
first
second
paycheck of December each year.
B. Use of Sick Leave
1. Sick leave shall be used only in case
of sickness or disability of the employee or for family
sick leave. Misuse of sick leave shall be grounds for
disciplinary action.
C. Family Sick Leave
1. In case of serious illness of a member
of the immediate family, the employee may utilize sick
leave.
2. Immediate family for the purpose of
this Section shall be defined as; spouse, mother,
mother-in-law, father, father-in-law, sister, brother,
child, stepchild, guardian, stepfather, stepmother,
grandparents, or grandchildren.
D. Employees covered by this agreement shall,
upon resignation, retirement, or imposed termination from
their employment with the City be reimbursed for 100% of
unused sick days accrued at their current rate.
ARTICLE 12 –
BEREAVEMENT LEAVE
Each employee covered by this agreement shall
receive a maximum of three (3) shifts per calendar year to be
utilized for Bereavement Leave because of a death in their
immediate family (as defined in #2 above). Said time will not
be cumulative from one twelve month period to another nor will
pay in lieu of unused leave be provided.
ARTICLE 13 –
RETIREMENT
The City shall pay the employees full retirement
share of P.E.R.S.
Effective January 1, 2001, the City will provide
the 3% at 50 retirement formula for the Police and Fire Chiefs
and the 2% @ 55 for all other management
classifications.
ARTICLE 14 –
VEHICLE ALLOWANCE
Effective July 1, 1995 (effective October 1,
1995 for Police Chief) Management employees shall receive a
vehicle allowance in the amount of three hundred and fifty
dollars ($350.00) per month.
ARTICLE 15 –
UNIFORM ALLOWANCE
The Police Chief and Fire Chief shall be
compensated the same uniform allowance as the next subordinate
rank in their respective Department.
ARTICLE 16 –
INSURANCE
A. The City will have full responsibility for
all Health and Welfare programs enacted and/or in force as of
July 1, 1989. Current Health, Dental, Long Term Disability,
Life Insurance, Vision Program, Mental health, or their
equivalent to remain in force.
B. The City will pay for employees' Long Term
Disability, Life Insurance, and full family coverage of
dental and vision care.
C. Each employee shall receive the amount of
four hundred and fifty ($450.00) per month for the purchase
of medical insurance.
D. Any portion of the City's premiums for the
full coverage plan which includes the employee and
dependents, or a stated cash amount, plus family where
applicable, that is unused will be included as a cash payment
for each of the twenty-four pay periods during the
year.
E. An employee utilizing the Long Term
Disability Plan shall not accrue vacation, sick leave,
holiday pay and allowances after the 90th day of
disability.
ARTICLE 17 –
LIFE INSURANCE
City shall provide term life insurance for all
employees covered by this agreement in an amount equal to twice
the individual’s annual salary.
ARTICLE 18 –
CONTINUATION OF MEDICAL PREMIUM UPON
RETIREMENT
Employees shall be eligible, upon retirement
from the City, for a medical premium supplement. Said
supplement shall be in the following amount:
1. For retirement at age fifty-five (55)
with a minimum of ten (10) years continuous service with
the City, a sixty dollar ($60.00) per month (or cost of
policy, whichever is less) insurance supplement.
2. For retirement with a minimum of twenty
(20) years continuous service the City shall pay the cost
of the retiree’s health insurance for the employee
only effective July 1, 1999.
3. Said supplement shall commence with the
first month following the employee’s retirement in
which the employee is responsible for payment of the
insurance premium.
4. In order to be eligible for medical
supplemental payments, an employee must either remain on
a medical insurance plan offered by the City or provide
proof of coverage on a self procured medical insurance
plan.
5. Any payments made by the City shall be
made directly to a medical insurance provider. In no case
will payments be made directly to an individual.
6. Any employee receiving a benefit under
this section agrees to apply for, and enroll in, any
Federal and/or State medical insurance plan (e.g.
MediCare, Medicaid) for which they become
eligible.
ARTICLE 19 –
ANNUAL PHYSICAL EXAMINATION
A. All employees covered by this agreement
shall be provided with a complete physical medical
examination at the doctor or Medical Facility of the City's
choice, or have the option of utilizing Daniel Freeman
Hospital, Center for Heart and Health at the City's
expense.
B. The annual examination is to include at
least the following: review of medical history; urinalysis;
VDRL; x-rays, (chest PA, lumbar spine and cervical); blood
groupings; EKG; lipid analysis CBC panel 17, thyroid
function, pap smear, or prostrate exam as appropriate, blood
test and mammogram.
ARTICLE 20 –
LIABILITY INSURANCE
Except as provided in Government Code Section
995.2, CITY shall provide a defense including but not limited
to legal counsel in: a) any civil action or proceeding
described in Govt. Code Section 995; b) any administrative
action or proceeding described in Section 995.6; or any
criminal action or proceeding described in Govt. Code Section
995.8. "Proceeding" as used in this section is applicable to
situations where a claim or action is threatened, but not
filed, if a reasonable, prudent person would consult or retain
counsel in response to the possibility of actual civil,
administrative, or criminal action. If CITY pays for a defense,
but a court or tribunal issues a final ruling that would, under
Section 995.2 , preclude CITY payments for defense, employee
shall immediately reimburse CITY, and if he/she fails to do so,
CITY may offset any such amounts against compensation otherwise
due employee under this agreement.
ARTICLE 21 –
JURY DUTY
Employees covered by the Agreement shall not be
eligible for base salary pay while serving on Jury Duty.
ARTICLE 22 –
MILITARY LEAVE
All employees covered by this agreement shall be
entitled to Military Leave as afforded by Federal and State law
but shall not receive any base salary pay while on such
Leave.
ARTICLE 23 –
ORGANIZATIONAL DEVELOPMENT AND MANAGEMENT
TRAINING
$3,500.00 shall be budgeted each year for group
training purposes. A committee comprised of the City Manager
and two management employees shall select and schedule training
programs for participation of employees covered by this
Agreement.
ARTICLE 24 –
CIVIL SERVICE STATUS
Employees hired prior to November, 1995 shall
retain their status as civil service employees.
ARTICLE 25 –
GRIEVANCE PROCEDURE
A. This grievance procedure shall be used to
resolve disputes arising from any allegation by management
employees that the City has violated the terms of this
Resolution.
B. The complaint shall be presented in
writing to the City Manager. The City Manager shall have
five (5) working days of receipt of the complaint to
resolve the issue or respond to it in writing stating the
reasons for the failure to resolve it. This exhausts all
administrative remedies.
ARTICLE 26 –
PROBATIONARY PERIOD
There shall be a one (1) year probationary
period for all appointments to the management classes as
described in this Resolution.
ARTICLE 27 –
NON-DISCRIMINATION, EQUAL OPPORTUNITY,
AFFIRMATIVE ACTION
A. The City and its Management Employees
agree that both parties have a crucial role in the
development and implementation of equal employment
opportunities. Both parties mutually accept responsibility
for carrying out these provisions.
B. The parties agree to cooperate actively
and positively in supporting the concept for all employees
and to seek and achieve the highest potential and
productivity in employment situations. The City and its
Management Employees agree to provide encouragement,
assistance, and appropriate training opportunities so that
all employees may utilize their abilities to the fullest
extent.
ARTICLE 28 – 401(a)(h) PLAN
Should the City elect to offer a 401(a)(h)
plan, the City and Association will meet to discuss making
this plan available to management employees.
IN WITNESS WHEREOF, the parties hereto cause
this Agreement to be executed the ______ day of ______ ,
2000
.
HERMOSA BEACH MANAGEMENT GROUP CITY OF HERMOSA
BEACH
_______________________________
__________________________
Viki Copeland, Finance Director Stephen Burrell,
City Manager
_______________________________
Peter Bonano, Fire Chief
_______________________________
Val Straser, Police Chief
______________________________
Sol Blumenfeld, Community Development
Director
_______________________________
Mary Rooney, Community Resources Director
_______________________________
Harold Williams, Public Works Director
_______________________________
Michael Earl, Personnel & Risk Management
Director
Agendas / Minutes Menu
Agenda
