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R-7268 e e 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: - 1 - e e 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 - 2 - e e 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 - "" "-- - - ~ .... ATTEST: -- --- ~ - - ~pL: 7~~ Ci ti ~;.'I;'k ~ - ~. -- e e 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 - 1 - e e 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. .."..... ... ... ... - 2 - 8 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: n 05= e e 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. ....... - 3 - 21 21 21 22 23 23 23 24 24 e e 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. - 1 - 1 04. 1 05. 1.06. e e 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). - 2 - 1 07. 1.0B. e e 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 - - 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. - 3 - 1 09. e e 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. - 4 - 1.10. 1-11. 1.12. 1. ] 3 . e e 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. - 5 - e e 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. - 6 - 1 14. e e 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. - 7 - e e 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 -- ?%. - 8 - e e 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 - - 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 e 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 . 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 . 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. - 20 - e . 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 - 21 - 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. - 22 - . . 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 - 23 - 6 04. 6 05. e 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 - '4 - e e 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 -- --- city Manager ~()-~ LSSASM Representative --.: APPROVED AS TO FORM: By ~ M. ~ Robert M. Myers - City Attorney this ,