R-7268
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RESOLUTION NO. 7268{CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A 1'1ErIORANDm4. OF UNDERSTANDING WITH
THE LEGAL SUPPORT STAFF ASSOCIATION OF SANTA MONICA
WHEREAS, the Cl. ty adml.nl.stratl.on and
the Legal Support Staff Associatl.on of Santa
conferred under the terms of Ordl.nance No.
reached agreement on wages and other terms
employment; and
representatives of
Monl.ca have met and
801 (CCS) and have
and condl. tl.ons of
WHEREAS, Secctl.on 2.06 of Ordl.nance No. 801 (CCS) of the
Cl.ty of Santa Monica requl.res preparatl.on of a wrl.tten memorandum
of understandl.ng between the adml.nl.stration and employees if an
agreement can be reached; and
WHEREAS, Sectl.on 2.06 of Ordl.nance No. 801 (CCS) further
provl.des that any such memorandum of understandlng shall not be
blndlng unless and untIl presented to the governlng body for
determlnation; and
WHEREAS, the purpose of thIS memorandum of understandlng
15 to promote and provIde harmonlous relatlons, cooperat1on and
understandIng between the CIty and the Legal Support Staff
ASSoclat1on of Santa Monica;
NOH, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
l10UICA DOES RESOLVE AS FOLLmiS:
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Sect10n 1: The C1ty Counc~l of the C1ty of Santa Mon~ca
does hereby approve and author1ze the City Manager to execute the
Memorandum of Understand1ng executed by the Legal Support Staff
A55oc1ation of Santa Monlca, a copy of which 15 attached hereto.
Section 2: The City Clerk shall certify to the adopt1on
of th1S Resolut1on and thenceforth and thereafter the same shall
be 1n full force and effect.
APPROVED AS TO FORM:
~~~
ROBERT M. MYERS
C1ty Attorney
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Adopted and approved this 22nd day of July, 1986.
eL 4.- ~ /c. /2JL
~ Mayor
I hereby certify that the foregoing ResolutIon No. 7268CCCS)
was duly adopted by the City Council of the CIty of Santa Monica
at a meeting thereof held on July 22, 1986 by the following
Council vote:
Ayes: Councilmembers:
Conn, Epstein, A. Katz, Zane and
Mayor Reed
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
Jennlngs and H. Katz
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ATTEST:
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Ci ti ~;.'I;'k ~ - ~. --
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MEMORANDUM OF UNDERSTANDING
AETW'Jl:ll:N
C I'l'Y OF SA.NTA. 1'10 N I CA., C}\[. I FORN I A.
AND
LEGAL SUPPORT STAFF ASSOCIATION OF SANTA MONICA
'T'ABf,F Or' CONTFNTS
ARTICLE/SECTION NUMBER
AR'1"TCLF T.
Sect10n 1.01:
1 02:
1. 03:
1 04:
1.05:
1 06:
1.07:
1 08:
1 09:
1 10:
1 1 1 :
1 12 :
1 3 ;
1.14:
PAGE #
GRNFRAL PROVIS10NS
Part1es to Memorandum..................
Purpose...... ........
Term of Agreement.. ... ..... ............
CIty CounCIl Approval..
Recoqnlzed Employee ASSOclat1on Name...
Scope of Reprec;entatlon
Full Understandlnq, Modlflcatlon &
Wi'!. 1 ver. .
1
1
1
7
2
'l
'1
Management RIghts Reserved. ........ .... 3
P~~ceful Performi'!.nce of CIty S~rvlces. 4
Va 11 d I t Y of MOl]... ....... ............ 5
CaptIons for Convenlen~e.. 5
Equal Employment.. .......
n~tlnltlons. ........
Overpayment Remedy...
5
~
7
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ARTICLE 11- COMPENSATIoN
Sectlon 2.01~
7 02:
2 03:
7 04:
2.05:
2 06:
AR1'rCLE II I.
Se("t"lon 1 01:
3.02:
3 03:
3.04:
3 05:
3 06:
AFTICLE IV.
Sectlon 4, 01 :
4 02:
4, 03:
4 04:
4 (1):
4 06:
4.07:
4 08:
4 09:
4 10:
4 1. 1 :
Effectlve Date of Pay Increa~e......
Salarles.... .__....
Overtl.me..................... .
Ca Il-hack Pay _ _ . . . . . .
Blll.ngual Compensatton... ......
V-Ratlng...... .........
SUPPLEMENTAL BENEFITS
Retlrpment....
Medlcal Insurance.
TUltlon ReImbursement.......
Mileage ReImbursement. ,. ..... .... ,.....
Deferred ComOpnsatlon.._. . _... ........
State Dtsabtlttylnsurance...
LEAVF.S
Pald Holldays............ .....,.......
Va("atlon ........ .............
Stck Leave....
Leave of Ab~pncp WIthout PrtY
MIlt tary Leave.... _ . . . . . . . . . . . . . . . . . . . .
Jury Duty_....
Worker's Compensatlon Leave...
Parental L@<lve ....... . . . . . . .
Bereavement Leave...
Urqent Per<;ol"lal Lp<lve .
Unclasstfled Leave. .."..... ... ... ...
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R
10
11
11
11
12
12
1.'3
14
14
14
15
16
16
17
17
18
18
18
19
20
20
ARTICI.E V
Sect1.0n 5.0t:
"i 02:
5.03:
"i 04:
AR::I'ICLE VI.
Sectlon 6.01:
6,02:
6 _ 03:
6 04:
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WQRJ<fNG CONDITIONS
Safety. . . . .. ..........................
Employee Parklng......_.......
Pertonnance Evaluat1.ons. . . . . . . . . . . . . . ..
Eye Care Study. ......
EMPLOYER/EMPLOYEE RELATIONS
P~yroll Dpductlons... .. ...--
Rea sonable Not l.ce .....................
Gr1evance & ComplaInt Procedure.....
T1.me Off for Negot1.at1.ons........ ......
SuccP!'Isors. .......
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21
22
23
23
23
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LEGAL SUPPORT STAFF ASSOCIATION OF SANTA MONICA
CITY OF SANTA MONJCA
AR'rICLE I. GENERAL PROVH,HONS
1 01.
1 - 02.
1.03.
Partl~s to M~morandum
ThlS Memorandum of UnderstandIng (MOU) has been prepared
pursuant to rhe terms of OrdInance 801 rCeS) of the CIty
of Santa MonIca, WhICh Ordlnance ~s hereby lncorporated
by reference as lf fully set forth hereIn, and has been
executed by the CI ty Manager on beha 1 f of management
offlclals of the CIty and by the Le>gal Support Staff
ASSocIatIon of Santa MonIca SIgnatory hereto who occupy
the full-tIme lob claSSIfIcatIons set forth l.n SectIon
1 OS.
-P,\1 r~ose
The partIes agree that the purpose of thIS MOU IS: to
promote and provlde harmonIOUS relatIons, cooperatIon and
under~tandtng between the Clty and the employees covered
hereunder; to prov1.de an ordf'r Iy and equ 1. t'lbl e means of
resolVIng dIfferences WhICh may arIse under this HOU, and
to set forth the full agrepments of the partIes reached
as a result of meetIng and conferrlng in good faIth
re>gardlng matters wlthln the scope> of representatIon for
employees covered hereunder.
T~rm of Acrreement
Th1.S Agt'eement shall be effectl.ve as of the 1st day of
Ll111y, 1986 and sh~ll remaln ln tull torce i'lnd effect
untIl June 30, 1989. It shall be automatIcally renewed
from year to year thereatter unless elther party shall
notlfy the other in wrItIng not later than Harch 1, 1989
and of pach sub3~quent year that It deSlres to termlnate
or modtfy thlS Agreement, and speCIflcally ~ndlcates
requested modItlcatlons. In the pvent that 'luch not1.ce
1s gIven; negotlat1ons shall beg1n no later than Aprll 15
WIth a slqned contract deSIred by July 1.
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1 05.
1.06.
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CIty Councl1 Aoorov~l
It 15, however, the mutual understanding ot all the
pa r t 1 es hereto that such Memorandum of Understandl ng IS
of no force or effect whatsoever unless or untIL ratlfied
and approved by the CI ty Cmlnc1l of the CIty of Santa
Monlca.
Reccon12ed EmoJoyee Ag~Ocl~tton NMme
The Legal Support Statf Assoclatlon of Santa MonIca
(LSSASM) IS hereby acknowledged as the recognlzed
employee organlzatlon, pursuant to Section 3.04(c) of
OrdlnanC':e 1\10. 801 fCeS), representlng the Job
classIfIcatIons of~
Consumer AffaIrs Speclallst
Legal Ass1.stant
Legal Secretary
Off1ce AdmIn1strator
SuperVIsor of Clalms
It 1S the mutual understandIng of the partles hereto that
acknowledaement at LSSASM:
-'
A. Does not preclude employees 1n such jab
claSSIficatIons from representIng themsf'lves
1 nd1V1dua 11 Y In thel r employmen t relations WI th the
Cl ty;
B Does not preclude or restrict the right of management
offiCIals to meet and consult WIth employees In such
Job claSSIf1.catIons concern1ng their employment
relatIons WIth the CIty.
Scope of RepresentatIon
The scope of represpnta t Ion of the recogn lzed employef'
organlzatlon shall 1nclude all matters relat1ng to
emoloympnt condItIons and employer-pmployee relatIons
1 flcludl og but not llmi ted to wages, hours, and other
t~rms nnd condItIons of pmployment, excppt, however; that
the scope of representatlon shall not Include
con~1(lerat.1.on of the merlts, neceSSIty, or orqan17atIon
ot any serVIce or act1v1ty provlded by law or executIve
order i'l nd sha 11 be pxerCI sed or performed 1 n comp 11 ancE"
WIth the provlslon~ of OrdInance 801 (GGS).
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1.0B.
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Full Understandtng] Modtftcat2on and WaIver
The partIes agree that each has had tull and unrestrlcterl
rIqht and opportun1ty to make, advance, and dISCUSS all
matters propf'rly wlth1n the scope of rf'presentatlon as
ou t lIned 1n Sect10n 2.05 of OrdInance 801. Th'1s HOU
constItutes the tull ~nd compl~te ~greement of the
part1es and there are no other~, oral or wrltten, except
as speclfled 1n th1S Agreement. Each party, tor the term
of thIS MOU, spec1fl.cally walves the rlght to demand or
petItIon for changes hereln, whether or not the sUbJects
were kno~n to the partIes at the tIme of executIon hereof
as proper subJe~ts wIthln the scope of representatlon as
outllned 1n Sect10n 2.05 of Ord1nance 80t.
Manao@ment Rlohts Reserved
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The CIty retaIns all rlghts not speclflcally delegated by
t hI S Agreemel1t, I nclud1 ng, but not 11ml ted to the
exclUSIve right to:
drrf"C"t, <;uperVlse, hIre, promote, suspend,
dl scharge, transfer, ass 19n, schedu Ie,
f'll1pICly~es;
dISCIplIne,
and retaIn
rel~eve employees from dut1es because of lack of work or
t llnds, or under condl t 1 on s where contI nued work would be
InefflCIent or nonproductlve;
determIne serVIces to
performed, utIllzatIon
budgptary matters;
to be
overall
be render~d, operatIons
of technology, and
determIne the overall mISSIon of the unIt of government;
maintaIn ~nd Improve the effiCIency and effect1veness ot
government operat1onSj
take any necessary actIons to carry out the mISSIon of an
agency In sltuatIons of emergency; and
takp whatpver other actIons may be necessary to carry out
the w1shes of the publlC not otherW1se spec1fIed above or
by colle~tlve agreem~nt.
Any grIevance WIth respect to the reasonableness of the
~nnlIc~tlon of the above management rlqhts shall be
"Jub]ect to the grIevance procedure contalned 1n Sectlon
6 03, hereIn.
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Peacpful Perform~nce ot CIty SerVIC~~
It 1S mutually understood and agreed that part~Cl.patlon
by any employee In a strlke or a concerted work stoppage
termlnates the employment relatlonshlp In the absence of
specIf1c wr1tten walVer of such termlnatlon by an
authorlzed management offlC1al.
A. It IS further understood and agreed that none of th~
part1es hereto w11l partlclpate 1n or encourage,
aSc;lst or condone any strIke, concerted worx
stoppage, cessatlon of work} slow-dawn, slt-down,
stay-away, 1l1pgal plc-ket1ng or any other Illegal
form at lnterference WIth or 11m1tat1on of the
peoarpful performance of CIty serVIces.
B In the event that there occurs any strIke, concerted
work stopp~ge, ressacIon of work, slow-down;
slt-down, stay-away, lllegal pIcketing or any other
IUE-gal form of Interference WIth or llml-tatlon of
th@ peaceful performance of C1ty serVIces, the CIty,
In addItIon to any other lawtul rpmedles or
dlsclpllnary actions, may by act10n of the Clty
Man~aer cancel any or all payro 11 dE'duct Ions,
prohIbIt the use of bulletIn boards, prohlblt the use
of CIty faCIlItIes, and prohltllt access to former
work or duty statIons.
c. 'l'he protec-tlon of the pUblIC health, safety ano
welfare demands that neIther the employees nor any
p@r~on actIng In conrprt WJth thpm, WIll cause,
sanctlon] or take part in any strIke, walkout,
SIt-down, slow-dmm, stopp~ge of work; Illegal
ptr.:ketlng, retardl.ng of work, abnormal absenteelsm,
WI t hho 1 dI ng of <ierVI res, or i'lny at her III ega 1
Interference WIth the normal work routIne. The
OrOVl-SIOnS of thIS ArtH'le shall apply for the saml'"
term as thIS Agreement, or dur1.ng any renewal or
extenSIon thereof. VIolatIon of ~ny prOVISion at
thIS MOU by the part1es shall be cause to termInate
thIS Agreement, In addltlon to whatever other
remedle~ may be aval1able at law or In eqUIty.
D. The CIty aqrpes that thpre shall be no general
lockout of employees covered hereunder. The partIes
agree to exerctse good faIth In complYIng WIth all
thp terms artd condItIons of thIS MOU.
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1.10.
1-11.
1.12.
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ValIdIty of MOU
If any provIsIon of thIS MOU IS determIned to be lnvalld
or III pgal by a C'ourt of C"ompet ent Jur I adl ct 1.on 1 then
SIlC'h prOV1.S10n shall be severed from thIS MOll, but the
r(l>mal nder hereof sha 11 rE"mal n In filII force ;lnd ef feet
The partle~ hereto shall ImmedIately commence to, 1n good
f<nth, negotlate for the purpose of replaCIng any sucn
InvalId or Illegal provISIon.
Should ~hy chang~ be m~de In any F@deral or State law, or
In any rules and regulatlops ImplementIng such
l@glslatIon, or In any CIty Charter provISIon WhIch would
be applIcable and contrary to any proviSIon hereIn
cnntalnpd, then such prOVISIon of thIS MOU shall b@
autom~tlcally termInated, but the remaInder of thIS MOU
~hAll remaIn 1n tull force and eftpct. Such legIslatIon
and/or rules and regulatIons shall supersede thIS MQU and
appllc,~ble clauses shall be 3ubstltuted for those ruled
InvalId or Illegal. The partIes hereto shall ImmedIately
commence to negotIate for the purpose of replaCIng any
such InvalId or Illegal prOVISIon.
Caotlons for ConvenIence
The captIons hereIn are for conven1ence only and are not
a part of thE" MOU and do not In any way lImIt, deflne, or
amplIfy the terms and prOVISIons hereof.
Eaual Emolovment
It is agreed by the partl.es ta thIS MOU that they WIll
fully comply WIth all appllcBole lo~al, S~ate and Federal
1 ;;!WS, rules and regu 1 atIons governIng equa 1 employment
opportunlty The Afflrmatlve Actlon proqram and the
Sexual Harassment Poll.cy of the C1.~y of Santa MonIca are
aftIrmed by thf' partIes to trns MOV and IncorQoratE>d by
reterence hereIn.
D~tlnItlO1"lS
The folawlng defInIttons are to be applled to the
1"tprpretatlon of thIS MOU:
A "Salary Range" shall mean the hourly Or monthly pay
sr~le land the bI-weekly pqUlVnlentl aS31qned to each
emrloyment pOSItIon claSSIfIcatIon covered hereunder.
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B. "NE"arest Dollar" shall mean the next lower dollar in
a monthly rate when the romputE"d amount IS 50 cents
Or le~s and the next hlgher dollar when the computed
.'!mount IS 51 C"ents or mare.
C "Llne-Item POS1.tlon" shall mean a posltlon WhICh 1S
fa) speC"1f1C;!lly Item1Ze'd In the personnel sctlpdulf'O
of the annual budget of the CIty of Santa Mon1ca and
rb} elIgIble to accumulate frl~ge beneflts H'I
propot"t1.on to the percentage of thE" full-t1.me work
wE"ek.
D "Permanent Employees" shall mean:
{11 A person who 01S legally an lncumnent of a
11.ne-1tem poslt1on, full or part t1mej or
121 A farmer legal 1nC"umbent of a llne-ltem pOS1t1on
on author1.zed leave of absence from a regularly
budqeted posltlon WhICh pOSItIon 13 held ppndIng
the employee's return.
E. "Date of Entrance AnnIVerS;!ry" 5hi'lll mean the datE>
Wh1Ch recurs annually after the date of entry into a
llne-lt.E"m pCl!'lJt10n In the classltH~d serVIce of thp
Clty of Santa Monlca, eIther by orl.g1nal employment,
re-employment or promotlon. The date of entrance for
employees wLth broken serV1ce shall be cons1dered as
that date on Whl ch the 1 as t unbroken serVI ce was
effectlve
'F "Satlsfactory SerVl.ce" shall mean the att.a1.nment of
an overall performance ratLng of not less than
"~at 1 st actory" on the performance report. 1mmedta te 1 y
prpced1 ng T"he employee' ~ .L.te of entr.:inC"P
ann1.versary.
G "Hours of Work" ~ The fu Il-t Ime work week aha 11 be
deflnpd as 40 hours.
(t 1 Incumbents of Job poslt1.0nS employed in a work
...T!"'ek )pss than that defIned as the full-tlmt:>
work week shall be compensated 10 that
~roport1on of the compensatIon tor tull-t1me
employment as the number of hours budgeted for
that pOSItIon bears to the full-tIme work week;
1ncumbents of job pOS1.t1ons employed l.n a work
week grf'.=Iter than that defIned here1n shall bp
compensated for hours 1n excess of the full-time
work week on the baSIS of ~nd In accorrlance WIth
the prOVISIons of SectIon 2 03 hereIn relatIng
to nvertlme.
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121 Incumbf'ont5 of lob r01!ntlons rpgularly worklnq
less than the full-tlme work week shall accrue
rind l~ave be>neflts 1n rhe ~;)me ratlo as thf"
average number of hours they work per week 1S to
~he tlJll-tlme wnrk wf"ek tor rhe p051t1.0n
occuplPd. Other t ringe be net 1 ts sha 11 be
provlnf'>d 1"0 pi'lrt-tlme pmployeoes covered
hereunder as l.f they were employed on a
full-1:'lme ba~l1s.
H >>Pay Status" shall mean regularly assIgned work hours
actually oerformed. In addltlOn, pay status shall
also specltl.cally 1nclude pay for t1me not worked
such as s~rk leave, vacatlon, hollrlays, and Jury
duty.
Overnaym~nt Rem~dy
Employees covered hereunder shall relmburse the Clty any
oVerpayment~ of wagE's or hE"nef 1 t s. Si'l.l d re1 mbur sE'ment
shi'lll not be requlred until the CIty not1fles the
~ffer~ed f"mplnyee 1" wrItIng. Relmbursempnt may be
aCl'ompLlshed by a lump-sum deductlon made on the next
subsequent pmployee payroll warrant followIng overpayment
not1.ticat1on, or by other reasonable re-payment method,
mutually acceptRhle to the emplnype and th~ C2ty, ex~ept
that lUll'lp-sum deductIon shall be regulred If the next
~ubsenupnt employee payroll warrant 15 the fInal or
termination warrant issued to the affected employee.
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ARTICLE II. ~OMPENSAT10N
2.01.
2 02.
EfTect1ve Date of Pay Increase
NOrWlthstannlng rtny other proVlc;10n contaIned
ch~nge~ 1n salary rates and salary related
chnnqes "lh.;ll bee-orne e-ffectIve on the 1st day
pnyroll perIod closest to the effectIve date
here-ln.
herelnJ
benef1t
of the
stated
Salar1.es
SalarIes of employees 1n Job claSSIfIcatIons covered
hpreln shall be on a monthly rate, pa~d on a b1-wpekly
eqll1.valent bas1.s. In lu'!U of the bl-weekly equ1.valent to
a monthly r<'lte, ,he CIty Attorney may fIX the-
compen~atlon of any pO~ltlon at an hourly rate. In
posltlons for WhICh the work wf'>ek Ie; 40 hours the hourly
ri3 te sha 11 be determIned by dl vldl ng the b1.-weekl y rate
by RO.
A_
Salary Ranges~
c; chedll I ed Tor
tncumbent shall
percentage. }
(NOTE: Whenever
act]ustmf'>nt, the
be adJusted by
a salary range 15
sa lar1 es of the-
a correspondIng
(1) The salary ranges for posltlon~ covered by thIS
MQU shall be as follOWS, effectIve JUly 1, 1986:
Legal ASSIstant
Consumer Af1'aIrs speclallst
Supervlsor of ClaIms
Office Adm1nlstrator
Lpgal Secretary
$1496
$1Y07
$2108
$~?84
$1410
2096
2607
2653
-i002
2408
IThIS repreRPnts a 3% adJustment- I
Further salary adJustments shall be as follows:
f2) In addItIon to the ~dJustmpnt mflrie 1n ll)
above, EFFEC~IVE July 1, 1986 3%.
13) EFFECTTVE January 1, lqA7 -- ?%.
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14) ];'FFECT1VE auJy I, 19S7, the salary ranges tor
posltlons covered by thIS MOll shall be set as
follows:
Legal ASSl.stant
Con~umer AffaIrs SpecIalIst
Superv1s0r ot Clal.ms
OffIce Admlnlstrator
Legal Secretary
$1603
$?Ll43
$2258
$)447
$1510
2246
278R
2842
321(;
2580
IThIS rf'present~ a 2% ~d)U5tment
(~J In addItIon to the adJustment made In (4))
ahove, F.FFECTTVE July 1, IgR7 -- The SAlary
ranges sh~ll be adJusted by a ml.nImUm of 4% QB
by an amount @qual to the percentage Incrpase
In the ucost-of-llvlngP as measured by the
Consllmer PrIce Index Ifor Urban Wilge Earner,,>
and ClerIcal Workers, 1967 · 100) tor Los
AngE'les-Long Be<llch, CalIfornIa, pl1blISheod by
thp U.S. Department of Labor, Bureau of Labor
StatIstICS, for the base pPY"lod May, lQR6, to
Mny} lq87} if hIgher. However} in no event
shall saId adJustment excped 7%.
(61 EFFECTIVE July 1, 1988 -- the salary ranges
shall be adJusted as stated 1" paragraph (5),
above, except that the base perIod shall be
May, 1 C)87 J to May, 1 QS8.
B The CIty ~ttorney may hIre employees at a salary
h1qher than "entry levelP ba~ed on the exp~rJence at
th~ Indl.vidual. In exerciSIng hls/her dIscretIon)
the CIty Attorney wlll conslder all relevant factors)
l.ncludlng but not lImIted to: length ot experIence,
DubllC spctor exoerlence} experIence wlthln the
p~rtlcular fteld (e g , crImInal) CIVIl lltlgatlon,
land llse, actmlnlstratlve "nd superVIsory eXOerIE"nceJ
Salartes above entrance level should be based upon
Increments of 5-7% and Shall not exceed the maXImum
salary provlded for In thIS sectIon.
C. MerIt Increases wIthln salnry ranges
Advancement WIthIn the range after hire shall be
ba~ed On performance as determIned pursuant to
SectIon 5.03, hereIn. SubJect to the maXImum salary
range establl,,;nl"'d hE"'reln, f'>mplovpes covered hereunder
shall receIveJ on the date of entrance annIversarYJ
annual spquentlal step lncrPdses of 5% for ovprall
SatIsfactory performance, 6% for overall Above
Average performance, and 7"%. for overall outstandtnq
performance ratIngs on the reVl.ew that cOtncldes
WIth the annIver~ary date of the pmplovpe, unles9
thp C~ty Attorney speCIfIes otherWLse) In wrltlng,
- 9 -
2 03.
e
e
wlth a statement of reasons. Th1S notlflcat1on
shall be dellverpd at least 60 d~ys tn advance ot
the den1al of the scheduled annual step 1ncrease.
D. MerIt pay for pmployees at maXImum of r~nge.
An employee who has reached the maXImum salary for
hI ~ /her pas 1 t Ion Clnd whose mo"! t re("ent rerformance-
rat1ng 15 overall A.BOVE A.VERA.GE or better shall be
e-ll gl blE' for an annual ("ash p"lyment of 3-5% of thf'
annual base salary; the ratIng upon WhICh thIS
pnyment ~hall be b~sed shall be the nssessment of thp
Ind1v1dual conducted 1n the precedIng year, pursuant
to Section 5 03 hereln. For a.n overall OUTSTANDING
ratIng, an employee shall be el1g1ble for an annual
("ash p.'tyment of 6-8% of 1" he annua I ba se sa 1 a ry; the
ratIng upon WhICh thIS payment shall be based shall
be the assessment of the IndIVidual ("onducted In the
precedIng year, pursuant to Sect10n 5.03 here1n.
Snld paympnts "Ihall not be conSIdered base salary 1n
comput1ng subsequent salary adJustments, but are
SUbJect to PERS contrlbutlC'lnS. The bonus payment, It
any) shall be made WIthIn 30 days of the end of the
fIscal y~ar J <lnd shall be based on the annual s<tlary
in effect on the last day of the f 1 sea 1 yea r for
WhICh the bonus IS paId.
Overt1me
OvertIme shall mean work by employees OccupYlng regularly
ill1rhorl2'ed )1ne-Irem rOSltlonS In .,ny "Job Cli'1SS1flcatlon
covered heretn in excess ot a hours in one day or 40
hrHl rs 1 n one week} provI ded such hours of work have had
the pr10r approva 1 of an author1.zed departmental
m<tnaopmpnt atflclal. All authorIzed overtlme shall be
compensated for by cash payment based upon 1-1/2 tImes
the hour-Iy rate e-qlllvalent of the employep's monthly
sa lary computed to the nearest .10 of an hour, except
that an allthorlzed c1epartme-ntal m.=tnagE"'ment oftlC"lal may
grant compensatory tIme oft at the rate of 1-1/2 hours
off for "!l]ch overtIme to .=I maXlm~lm of 40 hours In any
tl'lcal year. Such compensatory t1me off must be taken
off durlng the flc;cal year In whlC"h It 1"[ earned. Sucn
tIme shall not be taken, however,1.n more than a-hour
InCrE"'ments at any alven tIme.
Any compensatory tIme off not taken off durIng the fIscal
YF>ar WIll be pa1d off at the appllC"able rate of ray, as
of June 30.
- 10 -
2-04.
2.05
2 06
e
e
r.all Back Pay
Should the CIty call back any full-tIme employee before
or after hIs/her normal yorio ng hOllrs to oertorm work,
thp Cit.y shall credIt the employee not less than a
m]nlmum of 2 hours of tlme, regardless of tlmp actually
worked as a result of beIng called back to work to
p~rform ~erVlces for rhe CIty.
Call-back shall be deflned as any work not specIfIcally
scheduled in advance as to tIme ~nd/or place and tor
WhlCh a person 15 asked to return to the work place after
he/shp has left the prImary work place.
BIlIngual CompensatIon
Quall"tled pmploYf'es who mE"et
hereIn shall receIve a bIlingual
To rpceIve the tnllnaual bnnuSJ
mlJ<1t be met:
the crlterla ~et forth
bonus of $50 per month.
the f (1 1 I o\n ng C r 1 t e ria
A- The employee must be aSSIgned by the CIty
~ttorneYJ or hIs/her deslqnatpd DIVISIon HeadJ
to speak ~panIsh and/or an ~Slan language In
order to s~rve the publiC
B An employee must regularly utIlIze such SKIlls
during the course ot hIs/her dutIes or upon
request of the C~ty Attorney.
C. An pmployee must be ~ertlfIed as qualIfied
through an exam~natlon admInIstered by the
Personnel Dr>partmf'nt. I Notwl thstand~ng thE"
crIterla lIsted above, the two employees who
were recelvIng a bilIngual bonus at the
effectIve dat.e of thlS agreement shall contInue
to r~celve ~ald pay w~thout haVIng to takp the
profICIency test so lonq as the CIty Attorney
con t 1 nues to reqll1 re the u t 11 Ul"at 1 on of tha t
shll.)
V-ratIng
When a personnel actIonJ e.g.} demotlon due to layoff or
rpC"lrls!,;lfIcatlon, rp";lllts 1n the lowerIng of thf'>
Incumbpnt employee's salary range, the 1ncumbent
F""lploypr>'s srllary may be Y-rared. "Y-rat"ed" shall mean
the ma1.ntenance of the lncumbent employee's salary rate
at the l?vel effE'C"tlvP the nay precedIng the eftectlve
d"te fo the personnel action plaCIng the employee In a
lowl?r <;alllry r,'lnge. The pmpJ oy~e' s sal ary sh.'!ll remain
at such level untIl the salary range of the new
cla~Slflcatlon equals or excppds the V-rate salary.
- 11 -
It
It
ARTICLE TII.
3 01.
3 02.
SUPPL~MFNTA~ RFNEFI'l'S
Ret1.rement
The CIty 1S a contract member of the Public Employees'
Ret I rpment Syst em I Pl-,RS), and 1 tIS under sLood fJnd agreed
that such membershIp wIll be maIntaIned and that employee
ellqlblllty, claSSlfH'atlon contrIbutIons, and benefIts
are as prescrIbed In the contract between the CI ty and
P~RS heretotore approved by the Santa Monl.ca CIty
CouncIl.
The CIty shall pay on behalt of each employee covered by
trll 5 :Agn:",pment an amount equill to ! 00% of the 1 ndIvldual
employee's share of the requIred retIrement contr1.butlona
to Pr~RS 11 e., 7% of the employee's ~comppnsatlon" as
dt'"t"lned by law}.
These payments are not increases of salary and no salary
r;Jnge i'lppllrable to rtny of the affected pmployees ~hall
bp changed or be deemed to have been changed by reason of
such payments; as a result, the CIty WIll not treat these
p~yments as ordlnary Income and, thus, wl11 not w1thhold
Ferlpral or State Inrnme tax therefrom. The CIty'S
practIce WIll be to report these payments as be1ng those
of the E"mployee~ so that they Wl.I 1 be credl ted to the
P,;:jrtlclJlar employee's 1nd1vIdual account w1th PERS and
upon termInatIon WIll bf'long to the pmployee.
It 1.5 agreed that 1. f State and/or Federa 1 procedures
rpqlllre rppnrtIng of these payments 1n ;:toy other manner;
the part1es WIll ablde by such reqUIrements.
M~dlcal Insurance
Thp C1.ty agrees to furnlsh med1cal and dental 1n~urance
cnvpraop for employees covpred nereln and theIr ellqlble
dependents. Tne Clty contrl.butlon for med1cal 1.nSurance
~over~ge shilll not excped 9214 ner mnnth ~or hpalth
lnSlJrance. Dental In~Urance shall be prov1ded at no cost
to the E"'rnployee.
Ir lS further understood that 1f tne prem1um for the
PrlIdentlal lndf"mnlty plan exC"pE"ds the above-referpnced
$214 cap} the dIfference between the actual monthly
prpmlum ~nd the $214 rap shall be naId from a fund set
a~lde by the C1.ty from savl.ngs reallzed when the CIty
,,;wltrhpd jjrom the Fl]lle r:r05S to the PrudentIal Indemn1ty
plan 1." August} 1985 However} thlS u~ubs1dy~ shall
- 12 -
3.03.
e
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continue only so long as the money eXIsts 1n the
"savInqs" tund. Should the tund bee-orne eXhaustpd and
the employees are faced wIth paYIng a portIon of the
Prlldf"ntl",-1 hf"alth Insurance premIum out at pocket, the
CIty agree~ to give LSSASM adequate notIce and to allow
mpmhp.rs to sWItch health plans durIng the open enrol Lment
prIor to the tIme the rate Increases go Into effect.
TUItion ReImbursement
It IS agreed that the CIty Will budget annually an amount
equal to $10 per employee In the ilpproprlate un1t for
tUItion and reqUIred study materlal for career
] mprovemf"nt s t Ildy apprnved hy au thor 1 7ed management
offIcials. Payment shall equal the total cost of tUItIon
[exclUSIve of lodgIng and mf"als) and the total cost of
reqUIred study materIals} prOVIded} however, that:
r a )
Fnrollment
shall be
manaoprnent
.'
ea rper 1 mprovpme-nt s t 11<1y COll rse
1" advance by an authorIzed
1 n the
approved
offIClalj
(bl The study course mU'3t
for pmplnyment pOSItIon
force;
to
In
qualIfIcatIon
the C 1 t Y wo r k
be dl. rected
rE'prp.sented
( C' 1
The employee must exhIbIt some reasonable
of qlli'illfYlng for such posltlon upon
completIon of the study course;
expectatIon
c;uccesstul
rdl RE"'lmbursl"'rnent shall be made only In Jump-sum payments
upon successful completIon of prescrlbed unIts of
study reqUIred by study course ~pprovE'd; and
(el In no event shall the CIty'S reImbursement be reduced
when thpre- 15 an outo;;Hie c;ource of aId exC"Ppt in
those ca~es where the aId from the outSIde source(s)
plus the normal Clty rp.llnburseme-nt excE'pds the cost
of tUltlon and study materl.al for the approved study -
course.
(f 1 If approved tUI tIon reImbursement costs exceed the
budgeted amount as descrloed above} the costs WIll bp
prorated so as not to exceed the budgeted amount.
(g I 'fhe maXl mllm annlla 1 Amount of re 1 mt'llJ r Sf'men t per
IndlVIdual employee shall not exceed $1000
- 13 -
3.04.
3.0'5.
3 06.
e
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Mlleage Re~mbursement and Energy Conservation
Rplmnurspm~nt to emplny@PS tor ~uthorlz~d U~P of personal
automob11es on Ctty bUSlness shall be at the rate
@stab11shpd by the City Coun~11
S<'Inta Montca MUnl.Clpal Bus Llne tokens, to a maXlmum of
"\0 t nl(ens per man th; wl11 be provI c1pd to any emp 1 oyee
covered hereunder who submlts, on the Clty m11eage
reImbursement torm, a rerord of hlS/ner trIpS fhnme to
works~te or works1te to home) durlnq the preced~ng month.
'l'he C\anta Mon1.ca Mun1.rl pal Bus I.I ne route numbt"r and the
bus number used for each trip must be entered on a
milpage relmburspment form.
Any employee who has not been
or who volunt<lr11y turns In
sha 11 be el ig1.b le to recel ve
the tprms descrlbed above.
l.~sued a Clty parklng pass,
hls or her parkIng pass,
50 tokens per month under
Deferred Compensat~on
It 15 herf'>by agreed that f'>mplnyees covered hereIn wll1 be
offered partlclpat1.0n 1n the C1.ty's deferred compensatlon
ol"n. The CIty WIll contrIbute to the plan the amount
the part1clpatlng employee ~s contrlbutlng to the plan on
h1S or her behalf. but In no Fvpnt qh~ll saId amount be
,
Ip5S than $10 per month nor exceed $25 per month per
partl~lpatlng ~mploy~e.
State DlSab1.11ty In~urance
~he elty Shall m~lnt~ln StAte DIQablllty
coveraqe for employees covered hereIn} for the
thIS ~gr~pm~nt. SaId cover~ge shall be at CIty
Insurance
term of
exp~nse.
- 14 -
e
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IV LEAVES
4.01.
PaId Holidays
Employees covered hereunder shall recelve paid holldays
as herplnafter provIrted:
Nf"'w Year I 5 Day................... January 1
MartIn Luther K1ng's BIrthday... .3rd Monday In January
L1ncoln's BIrthday. ............ ..February 12
WashIngton's BIrthday... .. ..... .3rd Monoay In February
Memorial Day... .............. ....Last Monday In May
Independence Day........... .....July 4
Labor Day........ ......... .......1st Monday In September
Thanksqlving Day........ .......4th 't'hursoay In November
The FrIday followIng ThanksgIVIng
The half day Immedlately before ChrIstmas Day
ChrIstmas Day...... ... ...........December 25
The naIf day ImmedIately before New Year's Day
One floatIng holIday
All other holldays de~lared by CIty CounCIl
Whpnever any day lIsted hereIn as a paId holIday falls
upon the 1 st or 2nd day off of any amployee who has 2
consecutIve days off} the day precedIng shall be deemed
the holIday If It falls on the 1st day nff} and the day
followIng shall be deemed the hOlIday If it falls on the
2nd day off In lIeu of the day llst~d. Whenever any day
ltsted hereIn as a paid holIday falls upon any day off of
an employee who does not have 2 consecutIve days off, the
followIng day shall be deemed the hOlIday for such
employee.
TIme worked on an authorIzed paId hollday, shall be
compensated at straIght t1.me at the hourly rate
equIvalent to the monthly salary plus the regular hollday
pay.
Employees In divlSlons observlng dIfferent hollday
schedules shall, 1n lIeu of the holIdays 11c;ted above]
receIve holIdays enJoyed by other operatIng employees In
that partIcular dIV~Slon} prOVIded however, that the same
number of holIdays (12 days) shall be observed.
The floatIng holIday IS accrued by employees on pay
status on July 1 of each year. If It IS not taken durlng
the fIscal year In WhIch It 15 accrued] It shall be paId
oft In July of the new fIscal year at the rate 1n effect
at the end of the fIscal year
- 15 -
4 02.
4 03.
e
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Var,:atlon LeavE'"
Employees covered hereunder shall accrue vacatIon leave
wIth pay on the followIng basIs:
(~l Follow~ng complet~on of the 1st 6 calendar months of
contInuous serVIce) 6 workIng nays.
(bl Thereafter, up to and IncludIng 5 completed years of
5~rvIce, One workIng day for ea~h complpted calendar
month of serVIce.
fcl 'l'nereafter, up to .'lnd Inc-Iud1ng 10 ~omplE"'ted ye.'lr~ of
serVIce) 1.2S workl.ng days for each completed month
of serVIce.
(d 1 Upon completIon of 10
thPreaftpr, 1.5 work'ng
calendar month of serVIce.
years ot serVIce and
days for eAch completed
leI 'T'he admInIstratIon or ~rpllciltlon of vacat10n leave
prOV1- ~lons and the 11ml tatIons on the accumu 1 at Ion,
proport 1 ona te accllmulat 1 on J sc-hedu 11 ng nnd payment
for such leave s ha II be as prescrIbed In the CI v1.l
"tprVI~e prOVISIons of thE" Santa Monlca MlInlC"1.pal Code
exrept that maXlmum accrual of vacatlon shaLl be 4Q
c1ilYS.
Stck Leave
Emp loyees covered heretn s ha 11 accrue 6 days of 51 ck
Ip~ve folJowlng 6 months of rontlnunus serVlce.
Thpt"eat ter lone day sha II be accrued for each completed
ca 1 pndar man t h of "terVl ce. '1'hE"re sha 11 be no 1111'11 t of
the number of days accrued except as prov1ded below.
EmploYf"es covl?rpd hen"'1n "thaIl be lImIted to a maXlmum
ac~rual of 130 days durtng th~ term of thts MOU if they
elp('t at any tlme durlnq the tE"rm of thIS MOU to bE" paId
for thp dIfference between days taken durIng the contract
YE"ar ~nd the valuE" of unu~f"d ~lck ]pave to a maXlmum of 6
days (tor emploYf"es WIth 10 or ff'>wer years of serVIce) or
9 ("','ys ftor pmploYf"'es T.ylth more t"han 10 YE'.'\rs of
s e rv 1. C e. )
Such payment shil11 be prorated on 1 y for employees tak1.ng
serVIce retlrf"mE'nt rlurlng the contract year or for new
f'mrloypes on the payroll as of June 30 of any covered
~ontract ypar PaymE"nt under the proqram c1pscrlbpd above
shilll be avaIlable only after the employee accrues 6 days
of unll~ed <<;irk Ipo'lve, whlCh mu~t be m<'l1nta,ned as a
mlntmUm stck leave "bank. tn order to receIve payment In
~ub5PqUf'>nt YE"ars.
- 16 -
4 04.
4 05.
e
.
Lp~v~ of Abspnce WIthout Pay
An employee may be granted a leave of ab~ence wlthout pay
\lpOn "'ppll ("a t Ion i'lpproved by the c1E"partmpnt hf"ad and the
CIty Manager. Such leave may not exceed one year's tlme.
['pon eXpIratIon of the ]p~"e, the f'mployee shall be
reInstated to the PO!ut1on held before the leave was
qranTPd. Such leave sh~ll be granted only 1n those cases
whpre an employee's record of serVIce and quallflcatlons
m~ke It desIrable for the CIty to retaIn hI~/her serVIces
even at the cost of sorne lnconvenIence to the CIty.
MIlltarv Leave
An employee wIth a permanent cl.vIl serVlce status, who in
t,mp of war or natIonal pmfOrqency as proclaImed by the
Pres 1dent of the Unl. ted States or the Congre'! s of the
UnItl"d State~, or whIle any natIonal conscrIptIon act 15
In effect1 1S lnducted lnto the armed forces ot the
UnIted Sti'ltes or ~ho !Prlves pmployment wIth the CIty to
enter voluntar11y the armed forces and "uth1n a
reasoni'lble tIme after If'aVlng hIs/her f'>mployment wlth the
C~ty does enter such servIce, shall be granted a leave of
absenC'e WI t hout pay for the du rat Ion of the perlod at
actlve serVIce WIth such armed forces. If such employee
rpC'P1VP~ an honorable dlsC'harge or Its pquIvalent and the
pOSItIon stIll eXIsts and the employee otherWIse IS
qualIfIed to tIll the "lame, the employee sh,'l.ll hi'lve a
r Iqht to return to the pOl:'Il t Ion WI th the Cl ty wi th1n 6
monrhs aft"er the termlnatlon of such actIve SI!"r"Vlce but
shi'lll not have a rIght to so return later than 6 months
after the fOnd of the war or after the tlme the PresIdent
or Congress proclaIms the natIonal emergency 13
tprmln~ted; or i'ltter the eXplri'ltlon of the natIonal
conscrlpt1.0n act. Such an employee shall receive
spnlorlty i'lnd other ~redlt9 on the Ri'lme baSIS as though
the employee had remaIned In the C1ty serV1ce and had not
t;'1ken ~llch ml11t.'try le,ve. Leaves of abSE'nCe WIth pay
for temporary mIll tary duty shall be granted 1n
acC'orrlfJnce WIth i'lppll("ab!e State Ji'lw.
- 17 -
4 06.
4 07.
4 08.
e
.
au ry l}u t y
Employees covered hereunder, when duly called to serve on
i'lny Jury i'lod wl1E'n llnAohLe to be excu<;ed thE'refrom, shall
re~e~ve the regular base compensatIon less all Jury fees
recf'>l\Ted excludlng mllf"age tor rhe tlrne rf~qulred to be
spent under the JurIsdIctIon of the court. Each employee
r~C€'lvlng a notIce to rpport for Jury serV1ce <;ha11
lmmedlately notIfy hIs/her lmmedlate supervlsor.
Whenf'>ver na 1 1 Y JU ry du ty scnF'du 11 ng perml t 5, amployees
sh~ll return to thelr regular dally job ass1.gnment to
complpte theIr regular di'llly work hours.
Workers' CompensatIon Leave
Any pmplnyee OccupYlng !'In f"mployment ~laSSlflc~tlon
covered hereln sha 11 be e 11g1.ble to rece Ive dl sablll ty
p"'yments under the Workprs' Compensatlon Act of
Callfornla as SpeC1.fled heretn: The employee shall
reC"Plve the dIfference between the dl~ablllty payments
under the Workers' Compensat1.on Act and full salary for
thp flr~t 4S days of such dI~abl}lty; howpver, the fIrst
two doys of thl~ 4S-day period shall be wlthout salary.
Parental Leave
A_ Female Employees:
Fpm~1e ~mp10y~es shall be entltlpd to a lPBVP of abc;ence
totalllnq elther 1) four months lmmedlately followlng the
("hllrl's bIrth or adoptlon If the chIld IS under the age
of 3; or 2) two months 1mmedIately followIng the adoptIon
of ~ ChIld between t he ages of 3-7; or 3) one month
l.mmed1.ately followlng the adoptl.on ot a chIld age 8-12.
The pmploYF'e o::;ha11 be returned to the s;~me Job
Cl~SSlf1.catlon occupl.ed prIor to the leave upon
F'Xplr~tlon of the leAve. AddItlO"~l le~ve m~y be
requested under the provls1onS of thIS MOU governIng
f,erlVf>5 of Ahspnc-e WIthout Pi'lY.
- 18
4.09.
.
.
B. Male Employeps.
M~le employees shall be entItled to the same leave of
rth~~n~~ ~5 a f~male ~mployee I~ee nbove) provIded he can
dpmonstrate that he has primary responsIbIlity for the
~ar~ of a new ~hl 1 d who rpC1l11 res cane:; t ant naren tal SIl per-
Vl~lon. If a male does not have the prImary responslbl-
Ilty for the care of the new ChIld, he WIll be entItled
to parental leave for the 1) fIrst 4~ calendar days
followIng the bIrth or adoptIon of a ChId under age 3; or
21 f1rst 30 calendar days Immediately follOWIng the
~doptlon of a ~hlld age 3-7; or 3J fIrst l~ calendar
days Immediately follOWing the adoption of a child 8-12.
Th~ pmployee c:;h~ll bp returnpd to the same lob clas<;lfl-
cation occupied prior to the leave upon eXpiration of the
Ip~ve. Actd1tIonal l~ave may be rf'>quested under the
proVISions of thIS MOU governIng Leaves of Absence With-
out Piiy.
C For either male or female employees 1 leave of
ab~pnce5 WIll be qranted In lengths greater than
outlined above If reqUIred by an adoptIon agency How-
pV~r; 1n no rase ~hall Sala l~~v~ exr~pa a total at onp
ye~r.
D. PrImary Re~ponslbl1ltv shall be detlned as: The
pmploype's spou~e IS medl~~lly Inc~pa~ltatpd, or
thp spouse is gaInfully employed durIng hours the
pmploype IS normally schertnlpd to work and no schedule
chang~ for the employee or spouse IS pOSSIble, or by
d~monstratl ng other extraordl nary ClrCllmstanres I sllch as
aooptlon of a dIsabled Chlld who requIres constant
parental superVISIon.]
Bereavement Leave
Rprf'avpmpnt }pave not eXrpf'>Olng 5 workIng days WIth pay
~hall be granted to employees covered herein due to death
of a mp'11ber of the pmployep's ImmedIate tamlly-
ImmedIate famIly shall mean spouse, chIld1 brother1
sl~ter, parpnt, parent-ln-lnw1 gr~nc1parpnt1 e:;tpp-parent,
step-brother, step-SIster or any other rel.at1ve liVIng 1n
thp ~~mp housphold.
- 19 -
4.10.
4. t 1.
e
e
Urgent Personal Leave
One day of slck leave each t1scal year may be used for
urgent personal matters that ~ould not be postponed to a
subsequent t1.me. This leave shall be charged aga1.nst.
accrupd ~lck leave; l.f ~ny. ThIS ]pave shall be granted
1 n unl. ts of not less than 2 hour s} and on 1 y 1 f accrued
slck tpnve IS avallaole. rhlS leave sh~ll not be
accruable from year to year It not used In any g1ven
ypar
UnclaSSlfled Leave
As recognltlon of the lark of CIVll serVIce prote~t1.on
afforded to employees covered hereunder, the C1.ty agrees
to qr"lnt to f;','H"h f"mplnype who mcuntalns OVE'rall
performance ratlngs of sat1.sfactory or better; 4
lITlC"lassl.fled Ipave days off ..nth pay per contract year
for employees Wl th less than 10 years of serVl.ce and 5
un,lrlsslfled lpave c1.-,ys off wlth pay per contract year
for employees W1.th 10 or more years of service.
Unc]asslfled leave days "Ihilll be E'arl1ed In lnCTPments of
one day effect1ve at the close of each 3-month perlod)
vl~h 2 nays earned at the end ot the fourth 3-month
per~od for employees w1.th 10 or more years of serVice.
Npw pmploYf'>e~ may not t~ke th~lr fIrst d~y lintll the
second performance rating has been g1ven wlth a ratIng of
S1l.'t'TSF;zI,CTORY or better. P<l.yment pqulv<\lent to the
employee's basic salary not to exceed the eqUIvalent of
4 nays lor 5 d~ys In the case of those employp~s WIth 10
or more years of serv1.ce) shall be automat~cally payable
to thf;' pmployee for unused days at the end of the fIscal
vp<\r 1n whl.ch they are earned; any remaInIng unused days
shall be forfeIted. It the pmployee noes not Wish to be
pald off, he/she must notify hIs/het'" supervtsor 1.n
wrItIng by June 15th that hp/~he wIqhes to take the
dnY(Sl; however, sa1d day(s) must be taken by July 30th
or be forfeIt-pd.
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MlTTCLE V.
5.01.
5.02.
5.03.
WORKING CONDITIONS
$afety
The CIty shall provIde a reasonably sate and healthy
war k' 1 ng pnVI ronmt"nt 1 n aCC'C'lrdilnce Wl th ap~ll cahle State
and Federal laws and regulatIons. The employees covered
npreunrler .'llJree that where :!>i1fety dt"VI C'es or 1 terns at
protectIve eqUIpment are r@quIred or furnished, theIr use
shall be milndatnry.
Emplovee Park1.ng
The CIty WIll make every effort to maIntaIn free parkIng
as It presenrly eXIsts TOr Clty ?mployees at CIty
faCIlItIes. Should the CIty deCIde to charge for
f>mplClYE"t" parkIng or to move employee pi'lrkIng durIng the
term of th 1 S MOU J the partl.es hereto agree to reopen
nf>gotldtlons on thIS ArtIcle only.
~erformance Evaluat10ns
The Dlvl<;tOn Hf'>an of e~ch DIVI<;10n c;1-'~1.l E"valuate In
wrItIng the performance of employees In thplr respectIve
dIV'~lons, find all new pmployees hired 5uhsequpnt to thE'"
eftect 1 Ve date of thl. '5 agreement. Such evaluatIon WIll
be submltred ta and approvpd by the CIty Attornpy unless
the CIty Attorney provtdes a ~rItteo explanatIon to the
atfectpd pmplay@e as to why thp C1ty Attorney dlsagrees
wlth thp D1Vl.SI0n Head's evaluatIon. Those employees
who ~re cC'lverpd hereunder, but who are not members of
any d1V1SI0n 10 the Clty Attorney's offlce ~111 be
evaluated by th~ CIty Attornpy. All pmploypps W1 11 bp
glven rea~onable opportunIty to d1SCUSS sal.d evaluatlons
WIth the pvalu~~or. The t"v~luatlons WIll be pprformed
on the followlng basts:
[a) Once at the conC]Il~10n of rhe 1 s t 3 months of
employment.
(bl Once at the conclUSlon of the 1<;t 6 months of
pmplovmpnt.
r c 1 Once at the conclusion of the 1<;t year of employment.
f d I Once pvery year thereaTt"er.
reI Whenever an
c1pcllnE"S.
employee's
performance
substantlally
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5.04
e
.
If the Clty Attorney, or the D1V1S1on H@ad} fallS to con-
duct a performance evaluatlon on or before Its due date,
the empl~yee shall ~dvlse the CIty Attorney ln wrltlng
that the evaluatIon IS past due. The CIty Attorney, or
the Dlvl~lon Hpad, ~hall rompl~te the evaluatlon wIthIn
10 day~ of saId wrItten notIce and any merIt Increases
tlf'>d to the ~valuatlon shall be retroact}v~ to the pay
perIod In WhIch the evaluat10n was orlg1nally due.
An pmployee cover~d hereIn who belIPves that the pre-
scrlbed evaluatIon procedures have not been followed or
that the evaluatIon do~s not corrpspond to the facts,
should make a wrItten complaInt to hIs/her superVIsor
wIth]n 10 days of recelVlng the pprformance evaluatlon.
If no satIsfactory response IS receIved WIthIn 5 days ot
f111ng the complalnt1 the pmployee should ImmedIately
forward the complaInt to the CIty Attorney. If no
satlsfactory response IS receIved WIthIn 5 ctays1 the
employee shall have the rlght to submIt a wrItten
rebuttal to the performance evaluatlon and to have saId
rebuttal attached to and become part of the employee's
permanent performance evaluatlon.
Eye Care Study
Prkor to July 1, 1987, the partles WIll form a JOInt
~nmmlttpe to study th~ effect of Vldeo Dlgnlay TermInals
rVDTsl on eye health. As a result of the study, should
a program be rerommpnded WhICh mlqht lnclude annual
testing and/or glasses/contact lenses for VDT operators,
and should managpment declde to lmplpment 5uch a program,
LSqASM agrees that each member may be assessed $2 per
month toward ~ny premIums for such program. However, the
Clty ~s under no obllgatlon to lmplement durIng the term
of thl5 agrppmpnt any recomm~ndatlons developed by rhe
commIttee.
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.
ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6 - 01.
6.02.
6.03.
Pavroll DeductIons
It 1S mutually understood and agreed that the C1ty wIll,
sub Ject to the provl S 1 on s of Ordl nnnce 801 l eCS) and
during the term of thIS MOU, deduct monthly and remIt to
the off1ce or offIcer deslgnatpd In the employee payroll
deductIon authorlzatlon any dues, credlt unIon
Investments or payments, health ~nd hospItalIzatIon
InSUrance premIums, and lIfe and aCCIdent lnsurance
prem1l1ms. Any or all of such payroll deductIons are
sUbJect to termInatIon by the CIty Manager upon 24 hours
notIce for faIlure to comply WIth the provlslons of thIs
Ma lJ .
Reasonable NotIce
It IS mutually understood and agreed that a copy (vla the
UnIted States Postal SerVIce) of the CIty Counrll and/or
Personnel Board agenda for each meetIng ma1.led to the
author17ed representatIve of the employf'Ps covered
hereunder shall constItute reasonable wrItten notIce, and
notIce of an opportunIty to meet WIth such agenCIes, on
all matters W1.thln the scope of representation upon WhlCh
the CIty CouncIlor Personnel Board may act.
GrIevance and ComplaInt POlICY
In the event any grievances J dIsputes, or dIsagreements
arl.se cencernlng the lnterpretatlon or applIcatIon of the
terms of thIS MOU, such grIevances, dlsputes or
d1sagreements -- WIth the except'1.on of those complaints
covered In SectIon 5_03 ~Performance EvaluatIons)
shall be resolved as follows:
A. FIrst Step. The aggrl~ved employee(sl 15 encouraged
to meet With the ImmedIate SUperVIsor to dISCUSS the
problem In an eftort to clarIfy the problem and to
work cooperatIvely toward a settlement.
B Second Stf'~. If the matter cannot be satIsfactorIly
resolved WithIn 30 days of the event gIVIng rIse to
the grIeVance (or wlthln 30 days of the tIme that the
emp leVee learned of the event)} the employee sha 11
submlt the grIevance In wrItlng to the CIty
AttorneY,statlng the nature of the grIevance, the
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6 04.
6 05.
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e
spE'rlf1C MOU prOVISH'ln allE'qE'd to he vlo1at"p.d, and
the de'nred solution. The C1.ty Attorney shall meet
wIth the grIevant WIthIn 5 workIng days followIng the
presentatIon of the grIevance. WIthIn 5 workIng days
followIng such mef>tlng1 the CIty Attorney 5hall gIve
a wrltten deC1.Sl0n to the grtevant.
C. ThIrd RtPp. If the grIevance IS not resolved at the
second step, WIthln 5 workIng days] the parties shall
C"onslr'Jer suhmlttlng Sind grIevf'lnce to medIatIon a!>
provlded by OrdInance 80 t (CCS). If el ther party
rannot aqree to mpdlatlon, WIthIn 5 workIng days the
partles shall then select a grIevance board made up
of one reprf'SentatIVf' at LSSASH, one rE'presentatlve
trom management, and a thIrd who shall be a member of
thE' State ConCIlIatIon SprVIce who shall also act as
chaIrperson. The deCISIon of the board shall be
hIndIng subJect to the approval of the CIty Coun~ll.
Employees shall have the rIght to represent themselves
1ndIVldually In grIE'VanCe matters; or to be accompanied
by a LSSASM representatIve.
Reasonable tIme off wlthout loss of ~nY or benefIts
snaIl be gl.ven to a grIevant and/or LSSASM representative
to lnvestlgate and/or prn~pss grlevancps, and to
WItnesses 1n any gr1evance meet~ng or hearlng held
du r I nq worln ng hau r s .
Tl.me Off for Negot~at1ons
InrllVl<1llA:ls C"OVl"red hE"reunrler st-,'Ill he afforded
reasonable t1me off wlth pay to prepare for and conduct
np~otIatInns. The authorIzed rppreSE"ntatlve must reCf'lVe
prIor permISSIon from the CIty Attorney to use such tIme.
Notwlthstandlnq the J1mltatJOns In OrdlnfJnCe 801, LSSA5M
shall be allowed two representatlves at tne negotlat1.ng
table In a D"lld starns, provH'if>d that saId
repre~entatlves shall not be entItled to pay If ha
"f'>qotl~tlng SPSqlnnS f~]l outsld~ of rheIr normal worklng
schedule.
Su("("'psc;ors
Any person h 1 red to a permanent po~ 1 t 1 on
At tornf>Y' s Of f 1 ce s 1 mIl a r to those ('overed
be~ome a party to thIS MOU.
10 the Cl ty
herPIn c;hall
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IN WITNESS WHEREOF, the parties hereto have caused
Memorandum of Understanding to be executed this date: ~
1986.
By:
Legal Support staff Association
of Santa Monica
city of Santa Monica
/~.: /
/ " /
J" - '"
- r '--' ;.... ./ 1:../ CC~-l
.-- ~ .
LSSASM Repr~sentative
--
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city Manager
~()-~
LSSASM Representative
--.:
APPROVED AS TO FORM:
By ~ M. ~
Robert M. Myers -
City Attorney
this
,