RESOLUTION NO. 2023-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING THE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATON FOR THE TERM JULY 1, 2021 THROUGH DECEMBER 31, 2023.
WHEREAS, the Parties are parties to a Memorandum of Understanding ("MOU") which has a term of July 1, 2021 through December 31, 2023, and WHEREAS, through this Agreement, the Parties wish to prospectively modify the work period of twenty-four (24) hour shift employees to a 24-day work period and to provide these employees with 5.85 additional hours of half-time overtime (equaling 2.925 hours of additional pay) per 14-day pay period; and
WHEREAS, the calculation of this additional pay is derived at as follows: There are
15.20833 24-day FLSA work periods per year- 365 days divided by 24 = 15.20833. The threshold for overtime under a 24-day FLSA work period is 182 hours. These employees are scheduled to work 192 hours. As such there are 10 hours of scheduled overtime each work period. Since employees' regular pay pays them for the straight time for their regularly scheduled hours, the overtime is the half time of the 10 hours. The calculation is then derived at as follows: 15.20833 work periods x 10 hours = 152.0833 hours x .5 = 76.04 hours of pay per year. 76.04 divided by 26 pay periods = 2.925 hours of additional pay per pay period; and WHEREAS, language related to overtime pay was inadvertently omitted from this MOU; and
WHEREAS, through this Side Letter, the Parties wish to retroactively modify the language related to Article VII, Paragraph A of their MOU effective July 1, 2021, and WHEREAS, the following sets forth the Parties' Agreement.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows:
The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted.
The Side Letter of Agreement amends the MOU between the City of Huntington Beach and FMA.
RESOLUTION NO. 2023-36
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 1s' day of August, 2023.
Mayor
ATTEST: APPROVED AS TO FORM:
dalia col
City Clerk 'ity Attorne
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Theres St Peter
City Manager Interim Director of Human Resources
Exhibit A - Side Letter Agreement
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SIDE LETTER OF AGREEMENT
BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
This Side Letter of Agreement (Agreement) between the City of Huntington Beach (City) and the Huntington Beach Fire Management Association (HBFMA) (collectively "Parties") is entered into with respect to the following:
ARTICLE VIII - WORK SCHEDULES, OVERTIME AND COMPENSATORY
PAY/TIME OFF
A. Work Schedule
1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of two (2) twenty-four (24) hour shifts in a two (2) day period with four (4) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours.
All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period (effective July 1, 2021, the work period is changed to a twenty-four (24) day work period consistent with Section 207(k) of the Fair Labor Standards Act (FLSA).
2. Administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, per the twenty-eight (28) day 7(k) FLSA work period. Total hours worked in a calendar year will equal to two thousand, eighty (2080) hours.
3. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not count as hours worked.
B. Overtime
1. Effective July 1, 2021, 24-hour shift employees shall earn 5.85 hours of half time overtime per pay period. This equates to an additional 2.925 hours of additional base pay per pay period. Since the City considers these employees to be overtime exempt under the FLSA, this additional pay is paid per the MOU. This additional pay is intended to compensate the employees for the hours they are regularly scheduled to work in each 24-day FLSA work period, which qualify as overtime according to Section 207(k).
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C. Compensatory Pay/Overtime
1. In addition to the overtime pay as provided in paragraph B above, all employees shall receive pay at the overtime rate (1 ½ times their regular rate) for hours worked in excess of regularly scheduled hours, unless the employee has "lost time" (defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay) in a regularly scheduled shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive overtime pay for only those overtime hours worked in excess of the number of "lost time" hours in the bi-weekly pay period.
2. Prior approval to accrue compensatory time/overtime
compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression oi administrative duties, as approved by the Fire Chief, accrue compensatory time off or paid overtime at time and one half for hours worked in addition to their regular schedule, subject to the limitations contained in Article VIII, C,3 below.
FOR THE CITY OF HUNTINGTON BEACH
Al Zelinka, City Manager Date
Peter Brown, Chief Negotiator Date
FOR THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
Martin Ortiz, President Date
APPROVED AS TO FORM
Michael Gates, City Attorney Date
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