RESOLUTION NO. 2023-36
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
All employees must gain approval from the Fire Chief in advance of accruing compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression or 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 theit 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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