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SR-12-A (65) \ ( ." , ') - r (. -) /qI--A- n rr --; t~ ,;..... ~J ~ .; ~ . i\ ....-, PE:KB:kbjcc2.bancroft.pms Council Meeting: October 291 1991 Santa Monica, California TO: Mayor and city council FROM: city Staff SUBJECT: Resolution Authorizing the city Manager to Execute a Memorandum of Understanding with the Administrative Team Associates (ATA) INTRODUCTION This report requests that Council adopt the attached Resolution authorizing the City Manager to execute a Memorandum of understanding (MOU) with the Administrative Team Associates (ATA) . BACKGROUND The current Memorandum of Understanding (MOU) wi th the Administrative Team Associates expired on June 30, 1991. As per the terms and conditions of the current MOU, negotiations with ATA to replace the current MOU commenced on April 17, 1991 and resulted in the attached MOU. THis new agreement was ratified by the membership of ATA on October 17, 1991. This agreement includes cost of living adjustments for FY91-92 and FY92-93; increases the amount that the City contributes towards the City's deferred compensation plan; increases the amount that the city contributes towards the cost of medical - 1 - /cl-,4 OCT ~.L!) 19(1~ insurance, but retains a "cap" on the city's contribution towards the cost of medical insurance coverage for employees and dependents; increases coverage under a term life insurance plan; and makes some other minor economic and non-economic changes. FINANCIAL/BUDGET IMPACT Funds have been included in the adopted budget. RECOMMENDATION It is recommended that Council adopt the attached Resolution authorizing the City Manager to execute the attached MOU with the Administrative Team Associates. Prepared by: Karen Bancroft - 2 - ARTICLE I: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND ADMINISTRATIVE TEAM ASSOCIATES TABLE OF CONTENTS GENERAL PROVISIONS 1. 01 1. 02 1. 03 1. 04 1. 05 1. 06 1.07 1. 08 1. 09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 ARTICLE II: Parties to Memorandum....... . . . . . . . . . . . . . . . . . . .. 3 Purp os e. .. . . . .. . .. . .. . .. . .. . . . . .. . .. .. .. III III . . . . .. . . . . . . . . III .. 3 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 city Council Approval........................... 4 Recognized Employee Association Name............ 4 Scope of Representation......................... 4 Full Understanding, Modification and Waiver..... 4 Management Rights Reserved...................... 5 Peaceful Performance of city service............ 5 Validity of Memorandum of Understanding......... 6 Captions for convenience........................ 7 Non-Discrimination and Equal Employment......... 7 Definitions.. . III . . . l1li . .. .. . . . . . . . . . . . . . . . III . . . . .. . .. ,. l1li .. 7 Overpayment Remedy.................................... 9 Payments at Termination........................ .10 Compensation & Benefits for Part-Time Employees. 10 Demotions" .. .. . .. III .. . . . . . . ,. II . .. . .. . . . . . . . . .. . . .. . " "" .. . . . .. 10 COMPENSATION 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 ARTICLE III: Effective Date of Pay Increase..................ll Salaries. . . . . . " .. . . . . . . . . . . . . . . .. .. . . . . . . . . III . III . . . . .11 Overtime. . .. .. . . .. .. .. .. .. .. III . . III . III . . .. . . . . .. . . . . . . . . . . . . . . 12 Promotional Pay Rate............................l3 Y - Ra t ing. . . . . . . . . . . . .. .. .. . . . . . . .. .. .. .. .. .. . . .. . . . . .. . . .. . . 13 Pay for Serving in a Higher Job Classification..13 Skill Pay......................................... .14 Supervisory Differential....................... .16 SUPPLEMENTAL BENEFITS 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 Health Insurance Programs.......................17 Retirement. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 17 Tui tion Reimbursement.. . . . . . . . . . . . . . . . . . . . . . . . . . 18 Deferred compensation. ................. .........19 Mileage Reimbursement and Energy Conservation...19 State Disability Insurance..... .................19 Sick Leave Buy Back............................. 19 Un i f 0 rm.s. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 2 1 Term Life Insurance............................. 21 - 1 - ARTICLE IV: LEAVES 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 ARTICLE V: Paid Hal idays. . . . . ill . . , . .. . . . .. . . . ill . . . . " . ill . . . . . . . . . 22 Vacation Leave................... ill... ... ill....... .23 Sick Leave.............. I . . ill . . . . . . . . . . . . . . . . . . . . 24 Leave of Absence Without Pay....................25 Military Leave...... ill . . . . . . , . . . . . . . . . . . . . . . . ill . . .25 Workers' Compensation Leave.. ...................25 Jury Duty....................................... 25 Bereavement Leave......................."........... 2 5 Administrative Leave............................ 26 Parental Leave.. III . . . . . . . . . . .. . . . . ill II . . . . . . . . . . . . . . 26 WORKING CONDITIONS 5.01 5.02 5.03 5.04 5.05 5.06 5.07 ARTICLE VI: 6.01 6.02 6.03 6.04 Safety and Loss prevention......................27 Effect of Job Performance on Salary.............27 Effect of Reassignment/Recertification on Skill Pays............................... ill . . . . .2 B Employee Parking................................ 2 B Official Personnel File...... ...................29 Reduction in Hours from Full-Time to part-Time..29 Work Schedules..................................... .29 EMPLOYER/EMPLOYEE RELATIONS Payroll Deductions................... ...........31 Reasonable Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Time Off for Association Business...............31 Grievance and Complaint Procedure...............31 EXHIBIT A",... . . . .. .. . .. .. . III . . . .. .. . . . . ... .. . . . .. . . . .. .. . .. . . .. . . . . . .. . .. .. .. . .. . .. 37 - 2 - 1. 01 ARTICLE I: GENERAL PROVISIONS Parties to Memorandum 1. 02 1. 03 This Memorandum of Understanding has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the City of Santa Monica, which Ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager on behalf of management officials of the city and by the ADMINISTRATIVE TEAM ASSOCIATES (ATA), and on behalf of employees occupying the line-item position classifications set forth in Exhibit A which is attached hereto and made a part hereof. In the event new job 'classifications are created which are proposed to be added to the ATA unit, the Municipal Employee Relations Officer will notify ATA prior to the Personnel Board and City council considerations of the new classifications. Any classifications proposed to be added to the unit shall be mutually agreed upon in writing and will become effective upon execution by the Managing Director of ATA and the Municipal Employee Relations Officer. purpose The parties agree that the purpose of this MOU is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein: to provide an orderly and equitable means of resolving differences which may arise under this memorandum, and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by ATA. Term of Agreement This Agreement shall be effective as of the 1st day of July 1991 and shall remain in full force and effect until the 30th day of June 1993. It shall be automatically renewed from year to year thereafter, unless either party shall notify the other in writing not later than March 1 of each year that it desires to terminate or modify this Agreement, and specifically indicates requested modifications. In the event that such notice is given, negotiations shall begin no later than April 1 with a signed contract desired by July 1. - 3 - 1. 04 1. 05 1.06 1. 07 City council Approval This MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of Santa Monica. Recognized Employee Association Name The Administrative Team Associates (ATA) is hereby acknowledged as the Recognized Employee Organization representing only the permanent line-item position classifications set forth in Exhibit A (which is attached hereto and made a part hereof) pursuant to Section 3.04 (c) of Ordinance No. 801 (CCS). It is the mutual understanding of the parties hereto that acknowledgment of the ATA as the Recognized Employee Organization: A. in from their such line-item representing employment Does not preclude employees position classifications themselves individually in relations with the City. B. Does not preclude or restrict the right of management officials to meet and consult with employees in such employment position classifications concerning their employment relations with the city. Scope of Representation The scope of representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order and that the scope of representation shall be exercised or performed in compliance with the provisions of Ordinance No. 801 (CCS). Full Understanding, Modification and Waiver The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly wi thin the scope of representation as outlined in Section 2.05 of ordinance No. 801 (CCS). This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this Agreement. The parties are not bound by any past practices or understandings of either party unless such past practices or understandings are specifically stated in this MOU except that provisions or conditions not specifically changed in this - 4 - 1. 08 1. 09 or previous MOU' s shall be as prescribed by the Civil Service provisions of the Santa Monica city Charter and the Santa Monica Municipal Code. Each party, for the term of this MOU, specifically waives the right to demand or petition for changes herein, whether or not the subjects were known to the parties at the time of execution hereof as proper subjects within the scope of representation as outlined in Section 2.05 of Ordinance No. 801 (CCS). Management Rights Reserved The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to: A. Direct, supervise, discipline, discharge, and retain employees. suspend, schedule, hire, promote, transfer, assign, B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. C. Determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters. D. Determine the appropriate job classifications and personnel by which government operations are to be conducted. E. Determine the overall mission of the unit of government. F. Maintain and improve the efficiency effectiveness of government operations. and G. Take any necessary actions to carry out the mission of an agency in situations of emergency. H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. Peaceful Performance of City Service It is mutually understood and agreed that participation by any employee in a strike or a concerted work stoppage terminates the employment relationship in the absence of specific written waiver of such termination by an authorized management official. A. It is further understood and agreed that none of the parties hereto will participate in, encourage, assist or condone any strike, concerted work - 5 - 1.10 stoppage, cessation of work, slow-down, stay-away, picketing or any other interference with or limitation of the performance of city services. sit-down, form of peaceful B. In the event that there occurs any strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, picketing or any other form of interference with or limitation of the peaceful performance of City services, the City, in addition to any other lawful remedies or disciplinary actions, may by action of the City Manager cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations. c. Neither the employee organization, nor any person acting in concert with them, will cause, sanction, or take part in any strike, walk-out, sit-down, slow-down, stoppage of work, picketing, retarding of work, abnormal absenteeism, withholding of services, or any other interference with the normal work routine. The provisions of this Article shall apply for the same term as this Agreement, or during any renewal or extension thereof. violation of any provision of this MOU by the Recognized Employee Organization shall be cause for the City, at its sole option, to terminate this Agreement in addition to whatever other remedies may be to the city at law or in equity. D. The City agrees that there shall be no general lockout of bargaining unit members. Validity of Memorandum of Understanding If any provision of any section of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. Should any change be made in any Federal or State law, or in any rules and regulations implementing such legislation, or in any city Charter provision or Santa Monica Municipal Code provision which would be applicable and contrary to any provision of any Section herein contained, then such provision of this MOU shall be automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such legislation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall immediately - 6 - commence to negotiate for the purpose of replacing any such invalid or illegal provision. 1.11 captions for Convenience The captions herein are for convenience only and are not a part of this MOU and do not in any way limit, define, or amplify the terms and provisions hereof. 1.12 Non-Discrimination and Equal Employment It is hereby agreed by the parties to this MOU that they will fully comply with all applicable local, state and Fed~ral laws, rules and regulations prohibiting discrimination and governing equal employment opportunity. The Affirmative Action Program and the Sexual Harassment Policy of the city of Santa Monica are affirmed by both parties to this MOU and incorporated by reference herein. Every City employee is expected to respect the dignity of every other City employee and to refrain from any actions, including the use of slurs or jokes regarding sex, age, race, national origin, religion, disability or sexual preference/orientation which could be construed as harassment. Harassment of fellow employees is a violation of city policy. No employment decision shall be based on an employee's submission to or rejection of such conduct. Complaints of a sensitive nature, including complaints invol ving sexual harassment or any other violation of Title VII of the 1964 Civil Rights Act, as amended, which involve a supervisor or manager whose conduct is the subj ect of the complaint may bypass any step of the standard grievance procedure outlined in Section 2106A of the Santa Monica Municipal Code. 1.13 Definitions The following definitions are to be applied in the interpretation of this MOU: A. "Salary Range" shall mean the five step (A through E) hourly or monthly pay scale (and the bi-weekly equivalent) assigned to each employment position classification within the city work force. B. "Salary Range steps A through E" for each line-item position classification within the city work force shall mean and be established to bear the following percentage relationship to Salary Range step E computed to the nearest dollar. Normal progression through the range toward E step shall be in annual step increments contingent on satisfactory service. - 7 - step A - 81% of step E step B - 85% of Step E Step C - 90% of Step E Step D - 95% of step E step E - 100% C. "Nearest Dollar" shall mean the next lower dollar when the computed amount is fifty (50) cents or less and the next higher dollar when the computed amount is fifty-one (51) cents or more. D. "Line-item position" shall mean a position which is: (1) specifically itemized in the personnel schedule of the annual budget of the City of Santa Monica, and (2) eligible to accumulate vacation, sick leave and other time off in proportion to the percentage of the full-time forty (40) hour week. Other fringe benefits shall be provided to part-time employees covered herein as if they were employed on a full-time basis. E. "Permanent Employeesll shall mean: (1) A person who is legally an incumbent of a line-item position, full or part-time; or (2) A former incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held pending the employee's return. The term "permanent employee" shall not be construed to imply a guarantee of continued employment. However, no permanent employee shall be denied the right to those due process protections appropriate to his/her status under the Municipal Code and City Charter and applicable state law. F. "Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry into a position in the classified service of the City of Santa Monica, either by original employment, re-employment or promotion. The date of entrance for employees with broken service shall be considered as the date on which the last unbroken service was effective. G. "Satisfactory Service" shall mean an overall rating not less than the attainment of "Satisfactory" on - 8 - 1.14 the performance report associated with the employee's most recent date of entrance anniversary. H. "Full-Time Work Week" shall mean forty (40) hours within the seven (7) consecutive days (i.e., seven consecutive 24-hour periods) established as the work week for the affected employee(s). (1) Incumbents of line-item positions employed in a work week greater than that defined as the full-time work week shall be compensated for hours in excess of the full-time work week on the basis of and in accordance with the provisions of the MOU Section relating to overtime. I. "Pay" shall mean compensation worked, sick leave, vacation, holidays, administrative leave time off and/or jury duty. for regular hours bereavement leave, days, compensatory J. "Completed Calendar Month of Serviceu shall mean a calendar month in which an employee has been earning pay for eleven (11) or more working days. K. "Base Rate" shall mean the hourly rate for the employee's salary step excluding any special assignment, bonus pays or other compensation. L. "Y-rated" shall employee's salary day preceding the action placing the mean the maintenance of the rate at the level effective the effective date of the personnel employee in a lower salary range. M. "Municipal Employee Relations Officer" shall mean the city Manager. N. "Working Daylt as used in the sections of this Agreement pertaining to vacation accrual (Section 4.02) and sick leave accrual (Section 4.03) shall mean eight (8) hours. O. "Compressed Work Schedule" shall mean a work schedule in which a full-time employee is assigned to work a total of eighty (80) regularly scheduled work hours in nine (9), or less, days in a given two-week (i.e., two work week) period. Overpayment Remedy Permanent employees covered herein shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notifies the affected employee in writing. The overpayment shall be reimbursed by payroll deductions over a time period equal to the time period the - 9 - 1.15 1.16 1.17 overpayment was made, or by any other reasonable repayment method mutually acceptable to the City and the employee. A lump-sum deduction shall be required if the next subsequent employee payroll warrant is the final or termination warrant issued to the affected employee. Payments at Termination When permanent employees covered herein leave the service of the City of Santa Monica, they shall be entitled to lump-sum payoff of vacation leave, unused floating holiday, unused accrued compensatory time and unused accrued administrative leave days only. No claim shall be made against the City for the use or payment of unused accrued sick leave, nor shall the effective date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. Compensation & Benefits for Part-Time Employees Incumbents of line-item positions employed in a work week less than that defined as the full-time work week shall be compensated in that proportion of the compensation for full-time employment as the number of hours budgeted for that position bears to the full-time work week. Incumbents of line-item positions regularly working less than the full-time work week shall accrue vacation, sick leave, administrative leave and other time off in the same ratio as the average number of hours they work per week is to the full-time work week for the position occupied. other fringe benef its shall be provided to part-time employees covered herein as if they were employed on a full-time basis. Demotions All demotions shall be in accordance with the City Charter and the Santa Monica Municipal Code. - 10 - ARTICLE II: COMPENSATION 2.01 Effective Date of Pay Increase Notwithstanding any other provision contained herein, changes to the salary range and salary related benefit changes provided herein shall become effective on the first day of the payroll period closest to the effective date stated herein. If the effective date stated herein falls on the Sunday in the middle of a pay period, the effective date shall be the first day of the following payroll period. 2.02 Salaries Salaries of city employees in line-item positions shall be on a monthly rate, paid on a bi-weekly equivalent basis. In lieu of the bi-weekly equivalent to a monthly rate, the City Manager may fix the compensation of any position at an hourly rate. In positions for which the work week is forty (40) hours, the hourly rate shall be determined by dividing the bi-weekly rate by eighty (80). A. Effective July 1, 1991, the E-step salaries of employees covered herein shall be increased by 4.7 percent. For the following classification, the salary increase provided in Subsection A of this section shall be applied to the following E-step salary, which reflects an equity adjustment. For the purposes of this Section, the E-step salary for all other classifications covered herein shall be that E-step salary in effect as of June 30, 1991. Principal Water Chemist 4,622 B. Effective July 1, 1992, the E-step salaries of employees covered herein shall be increased by a minimum of four (4) percent, OR, ~f higher, by an amount equal to the percentage ~ncrease in the "cost-of-living" index as measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Riverside- Anaheim, California, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the base period of April, 1991 to April, 1992. However, in no event shall said adjustment exceed eight (8) percent. C. A given classification covered by this MOU will be eligible to receive an equity adjustment providing that the compensation study conducted by the City of - 11 - 2.03 Santa Monica substantiates the need for an equity adjustment to bring the salary range of that classification in line with the mean salary paid to the same classification found in comparable cities. The City will be willing to receive and evaluate any salary comparison data that ATA might want to make available regarding an equity adjustment for a given classification. Should a compensation study indicate that a given job classification is currently being paid above the mean salary paid to the same classification found in comparable cities, the salary range of that classification will remain unchanged. Internal equity factors will also be taken into consideration, as deemed appropriate by the City, when determining whether or not an equity adjustment for a given classification is warranted. Equity adjustments described herein will be considered on an annual basis, either as a part of the annual budget process if no MOU negotiations should be occurring during the year or as a part of the MOU negotiations process should the MOU be up for negotiation. overtime Overtime for full-time employees shall mean work in excess of the regularly scheduled number of hours in one (1) work day or in excess of forty (40) hours in a full-time work week, provided such hours have had the prior approval of an authorized management official. Overtime for part-time employees shall mean work in excess of forty (40) hours in a work week, provided such hours have had the prior approval of an authorized management official. All authorized overtime shall be compensated for by cash payment based on one and one-half (1-1/2) times the hourly rate equivalent of the employee's monthly salary computed to the nearest one-tenth (.10) of an hour, except that an authorized departmental management official may grant compensatory time off at the rate of one and one-half (1-1/2) hours off for such overtime. Such compensatory time off may accrue to a maximum of forty (40) hours unless a higher accrual amount is approved by an authorized departmental management official. Departmental management officials shall not unreasonably deny an employee's request for compensatory time in lieu of pay. If compensatory time off is accrued and not taken by June 30 of any fiscal year, it will be paid to the employee at the rate earned. There shall be no carry over of unused compensatory time. In order to supplement eight (8) hours of paid leave time for a regularly scheduled work day comprised of more than eight (8) hours, the employee will have the option of working the additional time required, on a straight-time - 12 - 2.04 2.05 2.06 basis, during the applicable seven-day work week, in order to receive a full day's pay for the day in question. Paid leave time would include holiday hours, vacation, sick leave and administrative leave. Promotional Pay Rate If a permanent employee covered herein is promoted and his/her salary is equal to or greater than the entrance salary of the promotional classification, the employee's salary shall be increased to the next higher salary rate which provides a minimum five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. A reclassification of a permanent employee covered herein to a higher level job classification will be considered a promotion and the employee's salary shall be increased to the higher salary rate in the new classification which provides a minimum of five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. Y-Rating When a personnel action, e.g., demotion due to layoff or reclassification, results in the lowering of the salary range of a permanent employee covered herein, the incumbent employee's salary may be Y-rated. nY-rated" shall mean the maintenance of the employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee in a lower salary range. The employee's salary shall remain at such level until the salary range 'of the new classification equals or exceeds the Y-rated salary. Pay for Serving in a Higher Job Classification When, in the determination of the Department Head or City Manager, it is necessary to specifically assign an employee the significant duties and responsibilities of a higher classification, the employee so assigned shall be compensated as follows: A. If the assignment is temporary due to the vacation, sick leave, jury duty or other temporary absence of the employee in the higher classification, the employee temporarily assigned shall be paid at the rate of seventy-five (75) cents per hour for all such hours assigned after the employee works a minimum of two (2) consecutive work days in the higher classification assignment, with payment retroactive to the first day. - 13 - 2.07 If the temporary assignment should last a minimum of fourteen (14) consecutive work days, the employee temporarily assigned shall receive the salary rate for the vacant classification at the lowest salary step that provides a minimum five (5) percent salary increase, provided, however, in no event shall the salary rate exceed the maximum salary rate for the vacant classification being filled by the employee on a temporary basis. Said increase shall be retroactive to the first day with the employee reimbursing the City for any additional payment received under paragraph #1 above. The City shall not rotate employees in and out of higher position classification assignments in order to avoid paying said compensation. B. If the position to be filled is vacant and there is no valid eligible list for the classification, the Department Head or City Manager, if he/she has initiated procedures to fill the vacancy on a permanent basis, may assign an employee who meets the minimum qualifications of the vacant position to fill the position on a temporary detail (acting) basis. The employee so assigned shall receive the salary rate for the vacant classification at the lowest salary step which provides an increase of at least five (5) percent over his/her current salary. In no event, however, shall the employee I s salary rate exceed the salary range established for the vacant classification being filled by the employee on an lIacting" basis. If an eligible list exists for the vacant position, the Department Head shall appoint an employee from the eligible list at the earliest possible date, and the provisions of this paragraph shall be applicable to the employee assigned to cover the vacancy in any interim period. Nothing in this Section shall require the City to make temporary assignments of employees. Skill Pay The following provisions exist for added payment to employees covered herein who possess special skills not required of their classification specifications, providing that said special skills are utilized by the employee in the performance of his/her job: A. Professional Engineer Registration Civil Engineer Assistants, Civil Engineer Associates, and Plan Check Engineers shall receive an additional $165.00 per month above their salary rate after they receive official registration by the - 14 - state of California. Such registration must be maintained by the employees and supplemented by regular, at least annual, courses in the engineering field of study, or the skill pay will be stopped as of July 1 of the next fiscal year. Courses which will enable the employee to meet this requirement must be approved by the employee's supervisor in advance. said courses must be taken on the employee's own time and will be subject to the tuition reimbursement section of this Agreement. B. Bilingual Skill Pay Qualified employees who meet the criteria set forth herein shall receive a bilingual skill pay of $50.00 per month. To receive bilingual pay the following criteria must be met: (1) The employee must be assigned to speak or translate a language in addition to English. This may include specialized communication skills such as sign language. (2) An employee must regularly utilize such skills during the course of their duties or upon request of city management. (3) To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. (4) In order to retain said bilingual skill pay from one fiscal year to the next, during the first month of the new fiscal year (July) the employee receiving bilingual skill pay must be recertified as qualified through examination administered by the Personnel Department. c. Professional Planning Registration Planner, Associate Planners and Assistant Planners shall receive an additional $25.00 per month above their salary rate after they receive an American Institute of Certified Planners certificate. Such certificate must be maintained by the employees and supplemented by regular, at least annual, courses in the planning field of study, or the skill pay will be stopped as of July 1 of the next fiscal year. Courses which will enable the employee to meet this requirement must be approved by the employee's supervisor in advance. Said courses must be taken on the employee's own time and will be subj ect to the tuition reimbursement section of this Agreement. - 15 - 2.08 Supervisory Differential A supervisory differential of 2.7% shall be paid to employees covered herein who are assigned to regularly supervise other employees in the same job classification and who are not covered under the terms of the section of this MOU covering pay for serving in a higher classification. - 16 - ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs Effective July 1, 1991, the City agrees to pay up to a maximum of $435 per month towards the cost of medical insurance coverage for employees and eligible dependents provided that employees covered herein participate in the Ci ty-offered medical insurance programs. The cost of medical insurance coverage will be set at the beginning of each medical plan year and will be a "composite" monthly premium derived by dividing the total monthly premium for all medical plans offered by the City, except the PERS PORAC medical plans or any other PERS medical plans, by the total number of employees enrolled in said medical plans as of the beginning of the medical plan year. Any extra payment required under such plans shall be paid by the employee electing such coverage. Effective July 1, 1992, the maximum amount up to which the city agrees to pay towards the cost of medical insurance coverage will be equal to the highest medical insurance premium contribution cap established for any of the City's other bargaining units, excluding any premium contribution cap established for the PERS PORAe medical plans or any other PERS medical plans. The same terms and conditions outlined in the first paragraph of this Section will still apply. Dental insurance coverage shall be provided at no cost to the employees and their eligible dependents provided that employees covered herein participate in the city-offered dental insurance programs. The City agrees to provide vision care insurance, at no cost, to employees covered herein. The City retains the right to select the provider and to s.et the levels of coverage for said vision care insurance plan. The City also retains the right to change the provider of said vision insurance plan and/or the level of benefits provided under that plan without meeting and conferring. 3.02 Retirement The City is a contract member of the Public Employees' Retirement system, and it is understood and agreed that such membership will be maintained and that employee eligibility classification, contribution, and benefits are as prescribed in the contract between the City and the Public Employees' Retirement system heretofore approved by the City Council. The City shall continue to pay on behalf of each permanent employee covered herein one-hundred (100) percent of the individual employee's - 17 - 3.03 share of the required retirement contributions to PERS [seven (7) percent of the employee I s "compensation" as defined by PERS legislation] for the term of this MOU. These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordinary income and thus, will not withhold Federal or state income tax therefrom. The city's practice will be to report these payments as being those of the employees so that they will be credited to the particular employee I s individual account with PERS and upon termination will belong to the employee. It is agreed that if state and/or Federal procedures require reporting of these payments in any other manner, the parties will abide by such requirements. Tuition Reimbursement The City will budget annually sufficient funds to provide each permanent line-item employee of the ATA tuition and required study material reimbursement for career improvement or job enhancement courses approved by authorized department management officials and subject to appeal to and approval of the Director of Personnel. Reimbursement shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided, however, that: A. The maximum annual amount of reimbursement per individual employee shall not exceed one thousand dollars ($1000.00). B. The course of study must be approved in advance by authorized department officials and the Director of Personnel. C. The course must be directed to qualify the employee for an employment position represented in the City work force or to enhance current job skills. D. The employee must exhibit some reasonable expectation of qualifying for the new position upon successful completion of the study course if that was the reason for the course. E. Reimbursement shall be made upon successful completion of the pre-authorized course and upon presentation of receipts and proof of satisfactory course completion. F. In no event shall the City's reimbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside - 18 - 3.04 3.05 3.06 3.07 source, plus the normal city reimbursement, exceeds the cost of tuition and study material for the approved study course. G. Only employees who have completed a probationary period with the City shall be eligible for this program. H. Courses for which tuition reimbursement will be made must be taken on the employee's time or on authorized vacation leave. Deferred Compensation Each employee covered herein shall be offered participation in the city's deferred compensation plan. The City agrees to contribute to the plan the amount the participating employee is contributing to the plan on his/her behalf, but not to exceed seventy-five dollars ($75.00) per month for any participating employee. Mileage Reimbursement and Energy Conservation Reimbursement to permanent employees covered herein for the authorized use of personal automobiles on City business shall be at the rate authorized by the city Council. Reimbursement rates will be considered in preparing budget recommendations at least every two (2) years. Santa Monica Municipal Bus Line tokens will be provided to any employee covered herein who submits, on the City form, a record of his/her trips (home to work site, work site to home, or work site to work site) during the preceding month. The Santa Monica Municipal Bus Line route number used for each trip must be entered on the reimbursement form. state Disability Insurance The City shall maintain the State Disability Insurance coverage currently in effect for employees covered herein. Said coverage shall be at City expense as of January 1, 1990. No integration of sick leave will be provided. sick Leave Buy Back Employees who are eligible for participation in the payoff option as described below who previously elected to accumulate unlimited sick leave have had the option of electing the payoff option. Future hires shall make their selection at the time they first become eligible to elect payoff. Once an employee makes his/her decision to accumulate unlimited sick leave or to participate in the - 19 - payoff program and limit accumulation to one-hundred- thirty (130) days, the decision is irrevocable. Employees covered herein have two (2) optional sick leave programs to choose from. Because the choice is one-time and irrevocable, employees should carefully consider their long and short term needs in arriving at a choice. The two (2) programs are as follows: A. Program I - The employee has the annual option paid for certain unused sick leave on the noted below or to II bank" unused sick leave maximum accumulation of one-hundred-thirty days. Payment at the employee's base rate for the fiscal year during which the sick leave was earned but not used shall be made only to employees on the payroll as of June 30 of that fiscal year. To qualify for payment an employee must have a sick leave "bank" of twelve (12) days. For the purposes of this Section, "bank" shall mean sick leave earned in prior years and reported in the IISick Leave Balance Brought Forward from Prior Contract Year" column of the "Vacation, Sick Leave and Compensatory Time" report issued by the Finance Department at the beginning of the fiscal year during which payable sick leave is earned. to be terms to a (130) Annual sick leave payoffs under this Section for employees with less than ten (10) years of service shall be made according to the following schedule: sick Leave Days Used In the Fiscal Year sick Leave Days payable At Fiscal Year End 2 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual sick leave payoffs under this Section for employees with ten (10) or more years of service shall be made according to the following schedule, providing there are enough sick days accrued in the employee's sick leave bank to cover the payoff described below: - 20 - Sick Leave Days Used In the Fiscal Year sick Leave Days Payable At Fiscal Year End 2 3 4 5 6 7 8 9 10 11 12 13 14 or more 12 11 10 9 8 7 6 5 4 3 2 1 o It is mutually acknowledged by the parties that the use of Code 40 or other time off not appropriately scheduled in advance will disqualify an employee from eligibility for payment under this Section. Sick leave for which payoff is received shall be considered "used" in that it will not be added to the "bank" (or if added to the "banku prior to the payoff date shall be removed from the "bank"). Sick leave payoffs under this Section shall be made by separate check by the end of July following the fiscal year in which the payable sick leave was earned. B. Program II - The employee has no option for pay for unused sick leave and IIbanks" unused sick leave with no limit or maximum accumulation. 3.08 Uniforms The City shall provide all necessary uniforms, as determined by the city, to each employee covered herein who is required by the City to wear a uniform. 3.09 Term Life Insurance The City agrees to maintain at no cost to the employee a term life insurance plan for permanent employees covered herein, with individual coverage to be equal to the employee's base annual salary rounded up to the next one thousand dollars. - 21 - ARTICLE IV: LEAVES 4.01 Paid Holidays Employees covered herein shall receive paid holidays as provided below: New Year's Day - January 1 Martin Luther King's Birthday - Third Monday in January Lincoln's Birthday - February 12 Washington's Birthday - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in september Thanksgiving Day - Fourth Thursday in November The Friday Following Thanksgiving Day The Half-Day Immediately Before Christmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All Other Holidays Declared by the City council A paid holiday shall mean eight (8) hours at the employee's straight-time base salary rate of pay. A floating holiday becomes available at the beginning of each fiscal year and must be taken before the end of that fiscal year. A floating holiday not taken by the end of the fiscal year may be paid to the employee if the employee enters the day on his/her final timecard for the fiscal year. Failure to take the floating holiday or to put the holiday on the last timecard for the fiscal year shall constitute a forfeiture by the employee. Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutive days off, the day preceding shall be deemed the holiday if it falls on the first day off, and the day following shall be deemed the holiday if it falls on the second day off in lieu of the day listed. Whenever any day listed herein as a paid holiday falls upon any day off of an employee who does not have two (2) consecutive days off, the following day shall be deemed the holiday for such employee. Employees in departments or divisions observing different holiday schedules shall, in lieu of holidays listed above, receive holidays enjoyed by other operating employees in that department or division, provided, however, that the same number of holidays [twelve (12)J shall be observed. - 22 - 4.02 Whenever any day listed herein as a paid holiday falls upon any day other than Saturday or Sunday when a City facility (including department, division or work unit) is already scheduled to be closed to the public because of the adoption of a compressed work schedule, employees who work at said City facility will receive a floating holiday in lieu of the day listed as the paid holiday. This floating holiday cannot be accrued and carried over to the next fiscal year, and the floating holiday cannot be cashed out at the end of the fiscal year. This floating holiday must be taken by the end of the fiscal year in which it is granted to the employee or be forfeited. Vacation Leave Employees covered herein shall accrue vacation leave with pay on the following basis: A. Following completion of the first six (6) calendar months of continuous service 1 six (6) working days. B. Thereafter, up to and including five (5) completed years of service, one (1) working day for each completed calendar month of service. C. Thereafter, up to and including ten (10) completed years of service, one and one-quarter (1.25) working days for each completed calendar month of service. D. Thereafter, up to and including fifteen (15) completed years of service, one and one-half (1.5) working days for each completed calendar month of service. E. Upon completion of fifteen (l5) years of service and thereafter, one and three-quarters ( 1. 75) working days for each completed calendar month of service. F. Employees are expected to take their vacation each year. An employee who has accrued vacation to the maximums prescribed herein may be required to take vacation leave in order to reduce the accumulation balance. The SCheduling of vacation shall be according to department or division policies and contingent on the service needs of the department. G. Accrual of vacation leave shall not exceed forty (40) days. If an employee is denied the time off required to maintain a vacation balance below the maximum allowed, the Department Head shall authorize payment to the employee for such vacation as would exceed the maximum accumulation limit. H. Except as provided herein, the administration or application of vacation leave provisions and the - 23 - 4.03 limitations on the accumulation, proportionate accumulation, scheduling and payment for such leave shall be as prescribed in the Civil Service provisions of the Santa Monica Municipal Code. Sick Leave A. The use of sick leave shall be defined as in section 2104I of the Santa Monica Municipal Code, hereby incorporated as if set forth in full herein, except as follows: sick leave shall be defined as absence from duty because of the employee's illness or off-the-j ob injury, exposure of the employee to contagious disease as evidenced by certification from an accepted medical authori ty , medical or dental appointments of the employee or the employee's dependent children which could not be scheduled during non-work hours, with proper advance notification to the Department Head, or illness or injury of any member of the employee's household. B. Employees covered herein shall accrue sick leave with pay on the following basis, provided that permanent part-time employees shall accrue sick leave in that proportion as the number of hours budgeted for the pos i tion bears to the fUll-time work week: (1) Following the completion of the first six (6) calendar months of continuous service, six (6) working days. (2) Thereafter, one (1) working day for each completed calendar month of service. C. The foregoing benefits are cumulative subject to the following restrictions: (1) No more than one-hundred-thirty (130) working days may be applied against sick leave for any one (1) illness. (2) Accrual of sick leave shall be limited to one- hundred-thirty (130) working days, unless the employee has selected the option of unlimited accumulation provided for in Section 3.07 (B) above. D. Any employee who is absent because of sickness or other physical disability shall notify his/her Department Head or other immediate superior officer as soon as possible but in any event in accordance with department rules and regulations. - 24 - 4.04 4.05 4.06 4.07 4.08 Leave of Absence without pay A permanent employee covered herein may be granted a leave of absence without pay upon application approved by the Department Head and the City Manager. Such leave may not exceed one (1) year's time. Upon expiration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualifications make it desirable for the City to retain the employee's services even at the cost of some inconvenience to the City. Military Leave The city will observe the military leave requirements of state and Federal law. Workers' Compensation Leave Any employee covered herein who is receiving disability payments under the "Workers' compensation Act of California" (for on-the-job injuries sustained while engaged in the performance of the duties of any such position) shall receive from the city, during the first sixty (60) days of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers' Compensation Act and the employee's full salary. Such payments by the city shall be made without any deduction from accrued sick leave benefits. The city's obligation to make such payments shall not commence until the third day of such disability absence. Jury Duty Any permanent employee covered herein, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular pay less all jury fees received excluding mileage, for the time required to be spent under the jurisdiction of the court. Each employee receiving a notice to report for jury service shall immediately notify his/her immediate supervisor. Whenever daily jury duty scheduling permits, employees shall return to their regular daily job assignment to complete their regular daily work hours. Employees covered herein may be required to provide proof of jury service to receive jury duty pay. Bereavement Leave Bereavement leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of a member of the employee's immediate family, - 25 - 4.09 4.10 meaning spouse, child, brother, sister, parent, step-parent, step-brother, step-sister, parent-in-law, son-in-law, daughter-in-law, grandparent or grandchild. In addition, bereavement leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of any member of the employee's household. Administrative Leave The city agrees to grant each permanent employee covered herein four (4) administrative leave days off with pay per fiscal year in recognition of their professional and administrative role at the City. Administrative leave days shall be earned in one (1) day increments effective at the beginning of each three (3) month period of the fiscal year, to be usable as accrued. Payment equivalent to the employee's base salary as of June 30 shall be payable to the employee, upon request of the employee, on the first payday following the end of the fiscal year for any unused accrued administrative days. A paid administrative leave day shall mean eight (8) hours at the employee's straight-time base salary rate of pay. Parental Leave Employees who have primary responsibility for the care of a new child shall be entitled to a leave of absence totaling four (4) months immediately following the child's birth or adoption and shall be returned to the same line-item position occupied prior to the leave upon its expiration. Paid vacation leave, unused accrued administrative leave, unused accrued compensatory time and sick leave, if applicable, as well as unpaid leave shall be counted toward the four (4) month total. Additional leave may be requested under the provisions of section 4.04 of this MOU. Materni ty leave is not the same as parental shall be administered in accordance with Federal law. leave and state and - 26 - ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevention The City shall provide a reasonably safe and healthy working environment in accordance with applicable state and Federal laws, rules and regulations. The City shall provide and maintain all equipment required by applicable safety laws and regulations and shall comply with all other applicable health and safety laws and regulations. Employees shall report unsafe practices, equipment or conditions to their supervisors. ATA agrees that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. An employee who is directed to perform a task which the employee has good reason to believe is unsafe may request an immediate review by his/her Department Head and the Personnel Director who shall, if deemed appropriate, consult with the appropriate official (s) . During the period of review and/or investigation, the employee shall not be required to perform the task complained of, shall not suffer loss of payor benefits, and shall be assigned other appropriate duties, if possible. If the task complained of is deemed safe by the appropriate official(s), the employee shall then perform the work as instructed. Both parties to this MOU agree to fully support the City'S Risk control Policy. said policy sets forth the city's commitment to maintaining a safe and healthy work environment, to preventing accidents and injuries and minimizing risk and loss wherever possible. said policy outl ines the safety responsibilities of the City, Ci ty managers and supervisors, and city employees. 5.02 Effect of Job Performance on Salary Normally, placement on entry shall be at the A-Step of the salary range and advancement through the range shall normally be to B-Step at one (1) year of employment, C-Step at two (2) years of employment, D-Step at three (3) years of employment and E-Step at four (4) years of employment. The city Manager, in exceptional cases, based upon specific appraisal of the importance and difficulty of the work and the experience and ability of the person to be employed, or of the incumbent, may authorize entrance salaries higher than the minimum, and special increases earlier than what is prescribed in the salary schedule for the class and length of service of the incumbent. In - 27 - 5.03 5.04 no event, however, shall the rate exceed the maximum rate for that class. Notwithstanding any provision contained herein, there will be no increase in wages of any kind as a result of a NOT ACCEPTABLE rating on the employee'S prescribed periodic performance rating. There will be no subsequent increases in wages until the NOT ACCEPTABLE rating has been improved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE, the employee may be dismissed from service, and if two (2) consecutive performance ratings are marked NOT ACCEPTABLE, the employee shall be dismissed by appointing authority for inefficiency (SMMC Section 2104Al). Any overall rating in the BELOW SATISFACTORY category may delay the next scheduled salary step increase at the discretion of the appointing authority. Such action shall remain in effect until the overall rating has been improved to at least the SATISFACTORY level. Effect of Reassignment/Recertification on Skill Pays When a "skill" or additional pay referenced in this MOU is the result of assignment to specified duties or hours, or of maintenance of a registration, certificate or other credential, the loss of the skill or additional pay due to the end of the assignment or failure to maintain the required registration, certificate or credential shall not constitute a demotion, pursuant to Section 2l05E of the Municipal Code. Employee Parking It is hereby agreed that the City will make every effort to maintain free parking as it presently exists for city employees at City facilities. The employees covered by this Agreement recognize that the City must comply with Regulation XV issued by the Air Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incentives does not result in the City meeting the compliance requirements of AQMD's Regulation XV or the City'S Transportation Management Ordinance within one (1) year of the effective date of this Agreement, it is understood that the city can implement a charge for parking during the term of this Agreement in order to meet those requirements. In addition, if it should become necessary to charge for parking during the term of this Agreement in order to comply with any other State or Federal requirement regarding transportation management, the city can implement said charge. However, in no event shall the city implement such a charge for parking without meeting and conferring with ATA should any employee(s) represented by ATA be subject to such a charge. - 28 - 5.05 5.06 5.07 Official Personnel File Only that file maintained by the City's Personnel Office and the contents it contains shall be considered the official personnel file for each employee covered herein. An employee's official personnel file and any other file kept on that employee shall be confidential. An employee's official personnel file may be reviewed only by the employee, by individuals authorized to review said file on a need-to-know basis, and by other persons authorized by the employee. An employee covered by this MOU shall be entitled to review the content of his/her official personnel file at reasonable intervals provided that the employee schedules an appointment, at least twenty-four (24) hours in advance, during the regular business hours of the Personnel Office. Reduction in Hours from Full-Time to Part-time In those cases where a permanent full-time employee desires to reduce his/her work schedule to part-time, the employee shall submit a request for a reduction in hours to his/her Department Head. As long as the operational needs of the Department and the City will still be met, upon approval by the Department Head, the employee's request shall be approved. The request will cover a set period of time, not to exceed six (6) months. At the end of that time period, if the employee wishes to continue a reduction in hours, he/she must submit another request to his/her Department Head and receive the necessary approvals. If it should be determined that the reduction in hours can no longer be continued, the employee shall go back to a full-time work schedule if he/she wishes to retain his/her position with the city. Work Schedules In those cases where a permanent employee desires to modify his/her work schedule to accommodate specific work schedule needs of the employee (e. g., dependent care arrangements) that do not fall within the normal work schedule established for the employee's position, the employee shall submit a request for a work schedule modification to his/her Department Head. As long as the operational needs of the Department and the City will still be met, upon approval of the Department Head, the employee's request shall be approved. If it should be later determined that the operational needs of the department and the City can no longer be met with the employee I s modified work schedule, the employee shall receive at least thirty (30) day's notice that his/her modified work schedule can no longer be continued. In - 29 - the event that the employee cannot change his/her outside scheduling needs to fit within the regular work schedule established for his/her position, the City will make every reasonable effort to place said employee in another like position where the employee's specific scheduling needs can be accommodated. While nothing in this Section requires that the employee's modified work schedule be granted or that the employee be transferred to a like position to meet the employee's outside scheduling needs, requests shall not be unreasonably denied. If an employee's request for a modified work schedule is denied and if the employee does not agree with the decision that has been reached, the employee can grieve such decision under Section 6.04 (Grievance and complaint Procedure) of this Agreement. Failure to successfully transfer an employee under this Section will not be grievable. - 30 - 6.01 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.02 6.03 6.04 Payroll Deductions It is mutually understood and agreed that the city will, subject to the provisions of Ordinance No. 801 (CCS) and during the term of this MOU, deduct monthly and remit to the office or officer designated in the employee payroll deduction authorization Recognized Employee Organization dues, credit union investments or payments, health and hospitalization insurance premiums, and life and accident insurance premiums. Any or all of such payroll deductions are subject to termination by the City Manager upon twenty-four (24) hours notice for failure to comply with the provisions of this MOU. Reasonable Notice It is mutually understood and agreed that a copy of the City Councilor Personnel Board agenda for each meeting mailed, by U.s. Mail, to the authorized representative of ATA shall constitute reasonable written notice, and notice of an opportunity to meet with such agency, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. Time Off for Association Business Elected Board Members of ATA or their designees shall be allowed to utilize a total of forty (40) hours of time off with pay during each fiscal year to conduct necessary Association business. These forty (40) hours per fiscal year represent the aggregate maximum use for all authorized representatives of ATA per fiscal year, as opposed to forty (40) hours per representative. Prior to such usage, authorized ATA representatives must receive prior permission from the Department Head, or his/her designee, in writing. All such time off shall be reported by said ATA representative to the Director of Personnel for accounting purposes. Grievance and Complaint Procedure A grievance is a complaint by one (1) or more employees concerning: (1) Disciplinary actions. (2) A suspension, demotion or removal from a line-item position classification. (3) The procedure, rating, or outcome of a performance evaluation. - 31 - (4) The application or interpretation of this MOU and/or ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours or working conditions. A. Grievances related to disciplinary actions, including the appeal of a suspension, demotion or removal, shall be lodged by the employee and shall be subj ect to the procedures outlined in Section 2106A and/or Section 2106B et seg of the santa Monica Municipal Code, which shall constitute the sole administrative recourse available under the terms of this MOU. B. Grievances related to the outcome of a performance resolved as follows: procedure, evaluation rating shall or be step 1: An employee covered herein who believes that the prescribed evaluation procedures have not been followed or that the evaluation does not correspond to the facts should make a written complaint to his/her supervisor within ten (10) working days of receiving the performance evaluation. step 2: If no satisfactory response is received within five (5) working days of filing the complaint, the employee should immediately forward the complaint to his/her Department Head. The Department Head shall have ten (10) working days to respond to the grievance. Step 3: If no satisfactory response is received within ten (10) working days, the employee should immediately forward the complaint to the Director of Personnel. The Director of Personnel shall confer with the grievant and the Department Head and any other interested parties and shall conduct such other investigations as may be advisable. step 4: The findings of the Director of Personnel shall be submitted to the City Manager within ten (10) working days of receiving the complaint. The City Manager shall make his/her decision in writing. The city Manager's decision shall be final. The decision of the city Manager shall be mailed to the employee within ten (10) working days of receipt of the findings of the Director of Personnel. The foregoing shall constitute the sole administrative recourse available under the terms of this MOU. - 32 - c. Grievances related to the application or interpretation of this MOU and/or ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours or working conditions shall be resolved as follows: step 1: The aggrieved employee(s) shall meet with the immediate supervisor to discuss the grievance. The grievance or grievances must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance, the circumstances giving rise to the grievance, and the desired solution to the grievance within thirty (30) calendar days of the event giving rise to the grievance or within thirty (30) calendar days of the employee learning of the event if the employee could not have known of the event giving rise to the grievance when said event occurred. If the matter cannot be satisfactorily resolved within five (5) working days following the meeting with the immediate supervisor, the employee may submit the grievance and the desired solution to the second level supervisor, if any. step 2: The second level supervisor shall meet with the grievant and the grievant's representatives, if any, no later than the grievant I s fifth (5th) work day following presentation of the grievance. Within five (5) working days following such meeting, the supervisor shall give a written decision to the grievant. If the second level supervisor does not have the authority to resolve the grievance, it shall immediately be forwarded to the Department Head or the appropriate authority. step 3: If the grievance is not resolved at step 2, the employee may refer the grievance within ten (10) working days to the Department Head, who shall meet with the employee and the employee's representative, if any, to discuss the grievance within the employee's fifth (5th) work day following the forwarding of the grievance. within five (5) working days following such meeting, the Department Head shall give a written decision to the grievant. - 33 - step 4: If no satisfactory response is received within ten (10) working days, the employee should immediately forward the complaint to the Director of Personnel. The Director of Personnel shall confer with the grievant and the Department Head and any other interested parties and shall conduct such other investigations as may be advisable. step 5: The findings of the Director of Personnel shall be submitted to the City Manager within ten (10) working days of receiving the complaint. The City Manager shall make his/her decision in writing. The city Manager's decision shall be final. The decision of the City Manager shall be mailed to the employee within ten (10) working days of receipt of the findings submitted by the Director of Personnel. D. All time periods in this section may be extended by mutual written agreement of the employee or the employee's representative, if any, and the management representative involved. E. If a management representative does not meet with the grievant or render a decision within the time limits specified, the employee may immediately exercise the next step in the grievance process. F. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, or who has testified at any hearing shall not in any way be coerced, hindered, intimidated or discriminated against for exercising this right. G. Employees shall have the right to be represented in grievance matters in the following manner: l. Employees shall have the right to represent themselves individually in grievance matters. 2. Employees may designate a member department or of ATA to represent grievance matters at steps 1 and 2 grievance process. of the them in of the 3. Employees may designate a member of the department, an ATA representati ve or a legal representative to represent them in steps 3 and 4 of the grievance process. ATA shall notify the Director of Personnel, in writing, of its designated employee grievance - 34 - representatives and shall provide notification of any change in such representatives. H. Reasonable time off without loss of payor shall be given to a grievant or ATA representative to investigate and/or grievances, and to witnesses in any meeting or hearing held during work hours. benefits employee process grievance I. Before performing grievance work, ATA representatives, the grievant or witnesses shall obtain permission from the immediate supervisor. Neither the grievant nor the representative nor witnesses shall interrupt or leave work if the supervisor determines that such interruptions or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off, time off must be granted within twenty-four (24) hours of such request. - 35 - IN WITNESS WHEREOF, the parties hereto have Memorandum of Understanding to be executed this , 1991. ADMINISTRATIVE TEAM ASSOCIATES Joan Akins Managing Director Myriam Cardenas Joe Stitcher ~P:dz~ Jo eph'Lawrence As istant City Attorney - 36 - caused this day of MANAGEMENT OFFICIALS CITY OF SANTA MONICA John Jalili City Manager EXHIBIT A Classifications subject to the MOU shall be as follows: Accountant Administrative Analyst Assistant Planner Associate Planner civil Engineering Assistant civil Engineering Associate Conservation Coordinator Coordinator, Office of the Disabled crime Prevention Coordinator Environmental Coordinator Environmental Inspector Kid City Program Coordinator Kid City Program specialist Lead Environmental Inspector Liability Claims Adjuster Loss Control Officer Personnel Analyst Plan Checking Engineer Principal Human Services Liaison Principal Water Chemist Programmer Analyst III Senior Accountant Senior Administrative Analyst Special Projects Engineer Systems Analyst Transportation Management Coordinator waste Reduction Coordinator Water Chemist Workers' compensation Analyst - 37 - BEFORE DISTRIBUTION CHECK CONTENT OF DISTF.IBUTION OF RESOLUTID~ t ~".3! / ~ - Council Meeting Date /~.f r?; Agenda Item , ~-~ Was it amended? ~o ALL FOq CITY CLERK'S ACTION ORDINANCE * Introduced: Adopted: ALWAYS PUBLISH ADOPTED ORDI~ Cross out Attorney's approva VOTE: Affirmative: Negative: Abstain: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he signedl sealed and filed in Vault. 7--0 ~ NEWSPAPER PUBLICATION (Date: ) Drpartment originating staff report ( Laurie L1eberman) Ordinances only for Attorney ( Claud1a Thompson) Management SerV1ces Lynne Barrette ORDINANCES O~LY Agency mentioned in document or staff report (certl.f1ed?) 2 1 Subject file (agenda packet) 1 Counter file 1 , departments who need to know). parJsing Auth. Personpel I Planning Police Purchasing Recr/Parks Transportation Treasurer . Others: {Review for Airport Auditorium Building Dept. C/ED Finance General Serv. Library Manager F~re SEND FOUR COP~~S OF ALL ORDINANCES TO: CODED SYSTEMS 120 Ma~n Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrick Santa Monlca Municipal Court 1725 Main Street, Room 118 Santa Monica, CA 90401 Total Copies _=f . \ .... ............. - t RESOLUTION NO. 8318(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES WHEREAS, the City Administration and representatives of the Administrative Team Associates have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa Monica requires preparation of a written Memorandum of Understanding between the administration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance 801 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governing body for determination; and WHEREAS, the purpose of the Memorandum of understanding is to promote and provide harmonious relations, cooperation, and understanding between the ci ty and the Administrative Team Associates: - 3 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: section 1. The City council of the City of Santa Monica does hereby approve and authorize the City Manager to execute the Memorandum of Understanding executed by the Administrative Team Associates, a copy of which is attached hereto. section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: "'........- -~~?~ ~ -----.- ROBERT M. MYERS City Attorney (KB."cc211) - 4 - Adopted and approved this 29th day of October, 1991. /1 L:S /~ 71 Hayor C I hereby certify that the foregoing Resolution No. 8318(CCS) was duly adopted by the city council of the City of Santa Monica at a meeting thereof held on October 29th, 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: "--- -.. "f/,'-"~~o/l~u~L_ :..- .-.. 'J/ /" It ~"../...--4"';t...~ <- City Clerk.