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R-7269 e e RESOLUTION NO. 7269(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY l1ANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING UITH THE LIBRARY GUILD AFSCME LOCAL 1634 WHEREAS, the CI ty admInIstrdtlon and representatives of the L1brary Guild AFSCME Local 1634 have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages and other terms and condltlons of employment; and WHEREAS, Sectlon 2.06 of OrdInance No. 801 (CCS) of the Cl ty of Santa l\1onIca requires preparation of a 'O/ri tten memorandum of understandIng between the admInlstratlon and employees If an agreement can be reached; and WHEREAS, Sectlon 2.06 of Ordlnance No. 801 (CCS) further provides that any such memorandum of understandlng shall not be bindlng unless and untIl presented to the governlng body for determInatlon; and WHEREAS, the purpose of th1s memorandum of understandIng 1S to promote and provlde harmon1ous relatlons, cooperatIon, and understandIng between the CIty and the LIbrary GUlld AFSCME Local 1634; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN1'A MONICA DOES RESOLVE AS FOLLOWS: - 1 - e e Section 1: The City Counc1l of the C~ty of Santa Mon1ca does hereby approve and author1ze the C~ty Manager to execute the Memorandum of Understand1ng executed by the Library Guild AFSCME Local 1634, a copy of Wh1Ch 1S attached hereto. Sect10n 2: The City Clerk shall cert1fy to the adoption of th1s Resolution and thenceforth and thereafter the same shall be 1n full force and effect. APROVED AS TO FORN: ~M.~ ROBERT lot. MYERS C1ty Attorney - 2 - \e e Adopted and approved this 22nd day of July, 1986. e/u~ j. j~' ~ I Mayor I hereby certIfy that the foregoIng Resolution No. 7269(CCS) 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: Councllmembers: None Abstain: Councilmembers: None Absent: Councilmembers: JennIngs and H. Katz .......!. ....;0- - . ATTEST: --- /7 /~_. ~~Z ~---- ~-' ~:f:}y~~-~ __ _P_ N_ . _~ ... C i t:y .C l'ef:!y _ - -~ . ~. ...... --...._-- "I......" "'" ... .,.> - '\.. :..:-~:-:--- ~........... ....::, ~...--...-.. - -- . . ..1'- _ . e e MEMORANDUM OF UNDERSTANDING BETWE"F.N CITY OF SANTA MONICA, CALIFORNIA AND LIBRARY GUILD & LIBRARY NON-PROFESSIONALS AFSCME -- LOCAL 1634 TABLE OF CON~ENTS A~TrCLE/SECT~ON NUMBgR ARTICLE T. GENERAL PROVISIONS Spctlon 1 01~ t.02: 1 03: t.04: 1 05: 1 06: 1_07~ 1 08: 1.09~ 1 10: 1. t 1: 1 i 2 : 1.13~ 1 14: 1 _ t 5: Part,ps to Mpmorandum... Pu r po s e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of Agre~ment. C'lty Councl1 Approval..... ..... ........ RecognIzed Emplnyee ASSoclatlon Name. Scope of RepresentatIon................ Full UnderstandIng, Mod1flcatlon & Wa 1 ve r . . . . . . . . . . . . . . . . . . . . .. .......... Managf'mpnt RIghts. . . . . . . . . Peaceful Performance of C'lty SerV'lces.. Val 1 d 1 t Y 0 f MOli.. . . _ . . . . . . . . . . . . . . Captlons for Conven1ence... ........ ~qual Employment OpportunIty. .. ..... De fIn 1 t Ion 5 . . . . . , . . . . . . . , . . , . . . . . . . . . . . Overpayment Rempdy... Payments at Term'lnat10n................ - 1 - PAGE. # 1 2 2 2 2 3 3 ::I 4 ., 5 n 6 R 9 e e ARTrCLE II. r.OMPENSATfON Section 2.01: ? 02: 2 03: '} 04: 2.05: 2 06: ') 07: 2.08: AFl'T'TCLE rII, Sect10n 3.01: ... 02: 3.03: i 04: 3.05: 3.06: 3 07: ARTICLE IV, Sect10n 4.01: 4 02: 4 03: 4 04: 4.05: 4 06: 4 07: 4 08: 4 09: 4-10: Effect1ve Date o~ Increase. ............ Sa 1 a r] es . . . . . . . . Overtlme..... . ea ll-Bacle Pay... Temporary Pay for Servl.ng 1n HHJher Class... ......... _........ Shift D1fferentlal.. ...... .,. ......... BIlingual Bonus.... ... ...... Y -Ra t 1 ng. . . .. ............ SUPPLEMFNTAL RRNEFITS Re t 1 r em e n t . . . . . . . . . . . . . . . . . . . . Mpdl~al/Dental Insurance.. .... TUltlon Re1mbursement. ........ ..... MIleage ReImbursement... Deferred CompensatIon............... ... state DI,>abIllty Insurance......... S1ck Leave Buy Back.... ... .... ......... l..F,:AVES Holidays........ VacatIon. . . . S1Cle Leave..................... Leave of Absence WIthout Pay... ... MI11tary Leave......................... ~l11ry Duty... Workers CompensatIon Leave..... .... .... Parental Lp<lve............... ...... Bereavement Leave.... ... ..... ...... .... urgent Personal Leave.... - 2 - 10 10 12 12 13 13 14 14 15 15 16 17 17 17 17 20 21 22 24 24 2"i 25 26 26 26 ARTIeLI.<' V. Sectlon 5.01: 5. 02: 5.03: <; 04: 5.05: ') 06: 5.07: 5 08: 5.09: ~ 10: ARTICLE VI. Sertlon n 01: 6.02: h.03: 6 04: 6 05: e e WORKING CONDITIONS Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effpct of Job Perform~nce on Salary Tl.me atf tor Selectlon Procedures...... Lay-of f:!!l . . . . . .. ......... Access to Offlcial Personnel FIle... Wep kend 'r I me of f . .. ........ ...... Tlme for CIty Meet1ng.. ................ Re s t Pe r 1 ad. . . . . . . . . . . . . . . .. ...... Employee ParkIng. . . . . . . . . . . . . . . . . . . . . . . F 1 ex-- t 1 me S t II dy. . . . . . . . . . . . . . . . . . . . EMPLOYER/EMPLOYEE RELATIONS PAyroll Dpduct1ons........ ....... ... Reasonable NotIce ... ..... ............ !lnlon Secur1tY..... ........ UnIon RepresentatIve TIme. ............. GrIevance/ComplaInt Procpdure...... - 3 - 27 27 28 2R 29 2q 29 30 30 30 31 31 31 32 32 e e LIBR~RY GUILD & LIBRARY NON-PROFESSIONALS AFSCME -- LOCAL 1614 CITY OF SANTA MONICA ARTICLE X, GF.~H~RAL PROVISlONS 1.01. Parties to Memorandum ThIS Memorandum of Und~rstand~ng [MOU) has been prppared pursuant to the terms of OrdInance No. 801 (CCS) of the CIty of Santa MonIca (hereInafter referred to as "CIty"), Wh1ch Ord1nanCe IS hereby Incorporated by reference as If fully set forth hereIn} and has been executed by the CIty Manager on behalf of management offIcIals of the CIty and by representatIves of the LIbrary GUIld AFSCME Local 1634 (hereInafter referred to as "Local 1634"), on behalf of employ~es OccupYlng the l1ne-ltem ~ull and part-tIme pOSItIon claSSifIcatIons as folloWSJ Sub-UnIt I: Sub-UnIt II: LIbrarIan I LIbrarIan II LIbrar1.an III Branch LIbrarIan LIbrary ASSIstant LIbrary Inspector Staff ASSIstant I Staff AS~Istant II Staff ASSIstant III Staff Ass2stant IV From tIme to time, addItIonal pOSItIons may be included under the terms of thIS MOU, prOVIded that Local 1634 fInds those pas I tlon5 to be appropr latel y WI thIn their unIt compOSItIon standards and that rhe MunICIpal Employee RelatIons OffIcer fInds that the~r InclUSIon 1S not InapproprIate under the terms of OrdInance ROt leeS). Such addIt1.0ns shall be agreed upon In writIng and WIll become effectlve upon executIon by the representatIves of Local 1634 and the MunICIpal Employee RelatIons Off1cer. No c]asslf1cat1ons currently represented by Local 1634 shall be excluded from the unIt durIng the term of thIS MOU except bV mutual agreement. - 1 - 1 02. 1.03. 1.04. 1 05 e e Puroose The part1@s agree that the purpose of th1s MOU 15: to promote and provlde harmonlous relations, cooperatlon and understandlng between the CIty and the employees covered herei n; to provlde an order Iy and equl table means of re~olvlng differences Wh1Ch may arlse und~r thlS HOU, and to set forth the tull agreements of the partIes reached as a result of meetlng and conferrlng 1n good faith regardIng matters wlth1n the scope of representation of employees represented by Local 1634. Term of Aqre~me~~ ThlS agreement shall be effective as of the 1st day of July, 1986, and shall rema1n 1n fnll force and effect untll June 30,1989. It shall be automatically renewed from year to year thereafter unless etther party shall notl ty the other 1n wrl ting not later than March 1 of 1989 and of each subsequent year that 1t deSIres to termlnate or modIfy thlS agreement, and speCIfIcally lndlcates requested modltlcations. In the event that such notice 18 glven, negotlatlons shall begIn no later than AprIl 15 wlth a slgned contract deslred by July 1. Clty Councl1 Approval It 1S the mutual underst~ndlng o~ all the partles hereto that thlS MOU 1S of no force or effect whatsoever unless or untl1 rat1fled and approved by resolutIon duly adopted by the CIty Councll of the CIty. Recoan1zed Emolovee ASSOclation N~me - -- Local 1634 IS hereby acknowledged as the Recognlzed Employee Organlzatlon repr~sent1ng only the llne-ltem full and part-tlme posltlon classlflcatlons set forth 1n SectIon j 01 above, pursuant to SectIon 3 04 (c) of Ord1nance No. BOl (CCS). It 1S the mutual understandIng of th~ partIes hereto that acknowledgement of Local 1634 as the recogntzed employee organlzatlon: A. Does not prec lude pomploYfOoes 1n such pas 1 tlon classlflcatlons from representIng themselves lndlvldually 1n the1r employment relat10ns wlth the City. - 2 - 1 06. 1 07. 1 08. e e B. Does not precJude or restrIct the rIght of management offIcIals to meet and consult wIth employees ln such employment posItIon classlflcat1on~ concernlng theIr employment relatIons wIth the CIty. Scooe of Rp~rese~tat]on The scope of representat 1.on of the recognI zed employee orqanIzatlon shall Include all matters relatIng to employment condItIons and employer-employee relat10ns InclUdIng, but not lImIted to, wages, hours, and other terms and condItIons of employment, except, however, that the scnpe of rf'presentat1on shall not Include conSIderation of the merIts, necessity, or organl.Zatlon of any serVIce or actIVIty prOVIded by law or executIve order and shall be exercIsed or performed In compliance WIth the prOVISIons of Ordinance No. 801 leeS). Full UnderstandlngJ ModIfIcatIon WaIver and Merger The partIes agree that each has had full and unrestrIcted rl.ght and opportunIty to make, advance, and dISCUSS all matters properly WIthin the scope of representatIon as out lined In Sectlon 2.05 of OrdInance No. 801. (CCS). ThIS MOU constItutes the full and complete agreement of the part ~es and there are no others 1 ora 1 or wrI t ten} exC"ept as specl fled 10 thlS agreement. All prellmlnary negotlatIons are merged hereIn. Each party~ for ~he term of thls MOU, speclflcally walves the rIght to demand or petItIon for changes hereIn, wh~ther or not the sublects were known to the partIes at the tIme of executIon hereof as proper SUbJects W~ th1n the scope of representatIon as outllned In SectIon 2.05 of OrdInance No. 801 (CCS). Manag~m~nt Rlghts Reservpd The Clty retaIns all rIghts not speCIfIcally delegated by thIS agreement, lncludlng, but not 1Imlted to, the exclUSIve r~ght to: A. suspend} schedule, DIrect, superVISE>1 dISCIplIne, dlscharge, ~nd retaIn E>mploYE>es. hire, promote, transfer, aSSIgn, 3 1 09. e e B. RelIeve employees from duties because of lack of work or funds, or under condl t~ons where cont lnued work. would be InpffIcIent or nonproductIve. C DetermIne the serVIces to be rendered, operatIons to be performed, utIlIzatIon of terhnology, and overall budgetary matters. D. the approprIate Job clasSIfIcatIons and by whIch government operatIons are to be Determ]ne personnel conducted. E of DetermIne the government. overall of the unIt mISSIon F. MaIntain and Improve the effIclency and effectlveness of government operatIons. G. Take any necessary act~ons to carry out the mISSIon of an agency In situations of emergency. H. Take whatever other actIons may be necessary to carry out the WIshes of the publlC not otherWIse specifIed above or by collective agreement. Peareful Performance o~ Clty SerVIC@~ It 15 mutually understood and agreed that partlclpat1.0n by any employee In a strIke or a concerted work stoppage termInates the employment relatIonshIp In the absence of specIfIC wrItten waIver of such termInat10n by an authorized management offiCIal. ~. The protect10n of the publlc health, safety and welfare demands, and the partles agree, that none of the partIes hereto nor any person actIng 'tn concert WIth them Will cause, encourage, condone, aSSIst, sanct10n or take part 1n any strIke, walkout, sltdown, slowdown, concerted worle stoppage~ illegal pI cket 1 ng 1 st ay awi'lY, abnormal ab~enteel 8m, WIthholdIng of serVIces, or any other form of '1 nterference WI th or ] '1 mI ta t Ion of t he normal work routIne and/or peaceful performance of Clty serVIces. - 4 - 1.10. 1 11. e e B In the event that there occurs any strlke} walkout} sl.tdown} slowdown} concerted work stoppage, 1l1egal plcketlng} stay away} abnormal absenteelsm, wlthh01d1ng of servIces, or any other form of 1nterference w1th or lIm1tatlon of the peaceful performance of C1 ty serVl ces, the CI ty, 1 n add I t 10n to any other lawful remedles or d1sClpl1nary actions, may by actIon of the Clty Manager, cancel any or all payroll deductlons, prohiblt the use of bulletln boards, prohlblt the use of Clty faCllltles} and prohlblt access to former ~ork or duty statlon5. C. The Cl.ty agrpes that th~re shall be no general lockout of bargaLn1ng unlt members. ValIdJty of MOU If any provls1on of th15 MOU 15 determlned to be Invalld or 111 egal by a court of competent Jurl 3dl ctl on, then such prov1sion shall be severed from thIS MOU, but the rf'malnder hereof shall remaln 1n full force and eftect. Thp partles hereto shall lmmedlately commence to negotIate for the purpose of repla~lng ~ny such Invalld or 1l1egal provlsion. Should any change be made ln any Federal or State law, or 1n any rules and regulat10ns 1mplementlng such legIslatIon, or 1n any CIty Charter provunon or C1V11 Service Rule and Regulatlon WhlCh would be appllcable and contrary to any prOV151on here1n cont81ned, then such prov1s1on of th1S MOU shall be automatlcally term1nated, but the remaInder of th1S MOU shall remaIn 1n Tull force and effect. Such legIslat10n and/or rules and regulat10ns shall supercprle thIS MOU and appl1cable clauses sha 11 be subStl tuted for those ruled invalld Or llle-C)...l. The part 1 es hereto sha 11 1mmed1ate 1 y commenCe to negotlate for the purpose of replac1ng any such Invalld or Illegal prOV1sIon. Captlons for Convenlence The captlons hereIn are for ~OnVenlence only and are not a part of the MOU and do not 1n any way 11m1t, defIne, or amplIfy the terms and prOV1510ns hereof. - 5 - 1.12. 1 13. e e Eaual Em!)lovment;. It 1.5 agreed by both part1.es to thl.s MOU that they will fully comply wIth all appllcable local, State and Federal 1 aws, rules and regul at 10n8 govern1. ng equal employment opportun1ty. The Afflrmatlve Actlon Program and the Sexual Harassment Polley of the Clty are aff1rmed by both partIes to this MOU and 1ncorporated by reference hereln. Complal n ts of a sensl. t 1. ve na ture, 1.ncludlng comp la lots 1nvolv1ng sexual harassment, may byoass any step of the standard grlevance procedure WhlCh 1nvolves a superV1sor or manager whose conduct 15 the SUbJect of the complaInt. Defin1t1ons The follow1ng def1nlt1ons are to be app11ed 1n the InterpretatIon of thlS MOU; A.. "Salary Range" shall through E) hourly or bl-weekly eqUIvalent) clasSlflcatlon w1thln the (A the Job mean the normal f1ve-step monthly pay scale (and assIgned to each CIty work force. B "Salary Range Steps A through E" for each Job clasSlflcatlon wlthln the Clty work force shall mean and be establ1shed to bear the follow1ng percentage re>latIonshlp to Salary Range Step E computed to the nearest dollar, w1th atta~nment based upon the follow1ng amounts of serVIce In the pos~tlon: Step A- 81% of Step E.......durlng 1st year of emploympnt Step B 85% of Step E.......dur1ng 2nd year of employment Step C 90% of Step E. .... .dur~ng 3rd year of employment Step D 95% of Step E...... .durlng 4th year of employmf"nt Step E 100% of Step E. . . . . . . after 4th year of employment The above step progressIon shall be subJect In all C"ises to the provls10ns of ArtIcle V, SectIon 5.02 hereIn. C. "Nearest Dollar" shall when the ~omputed amount next h1gher do lIar when rents or more. mean the next lower doll ar IS 50 cents or less and the the computed amount IS 51 - 6 - e e D. "Line Item PosltJOn" shall m@an a posItIon wh1ch IS (a) specl flea lly 1. temlzed 1n the personnel schedu Ie of the annual budget of the CIty and (b) e11q1ble to accumulate vacat1on, slck leave and other tIme off 1n proportIon to the percentage of the full-tIme 40-hour work week. Other fr1nge beneflts shall be provIded to part-tIme employees covered hereunder as If they were employed on a full-tIme basls. E. "LIne-Item Employpes" (hereInafter reff"rred to as "employees") shall mean; (1) A person who IS legally an Incumnent of a lIne-Item posItIon, full or part-time; or (2) A former legal Incumbent of a lIne-Item pOSItIon on author1zed leave of absence from a regularly budgeted pOSItIon Whlch pos1t10n 15 beIng held pending the employee's return. F. "Date of Entrance AnnIversary" shall mean the date WhlCh recurs annually after the date of entry Into a lIne-Item posltlon 1n the classltled serVlce of the C1ty, eIther by orlg1nal employment, reemployment or promot 1 on. The date of entrance tor employees W1 th broken service shall be conSidered as that date on WhICh the last unbroken serVlce was effectlve_ G. "Satisfactory Servlce" shall mean the attainment of an Overall Performance RatIng of not less than "Satlsfactory" on the performance report l.mmedlately preced 1 ng t he employee's d.' t e of entrance annlversary. H. "Full T1me Work Week" shall be defIned as 40 hours, Monnay th rough Sa tu rday 1 as schedu 1 ed by the Cl tv L lbra rl. an or h 1. s/her des 19nated representat 1. ve. Sunday work shall be compensated at the rate of tlm~ and one-half the normal hourly rate. It 1S the Intent of the CIty to asslgn Sunday work on an eqUitable basis among employees. - 7 - 1 14. e e (1) Incumbents of l~ne-~tem poslt1ons employed 1n a work WE>pk Ip"ls than 40 hours shall be compensated 1n that proportlon of the compensatIon tor tull-tlme employm@nt as the number of hours budgeted tor that poslt~on bears to rhe full-tIme work wrek; lncumbents of l1ne-ltem pos1tlons employed in a worle week greater than 40 hours shall be compensated for hours in eXCesS of the full-tlme work week on the bi'iS i s of ;ind 1n accordance Wl th the prOV1S1.0nS of Artl.cle II, Sectl.on 2.03 hereof relatIng to overtIme. (2) Incumbents of llne-ltem pos1t1ons regularly worlo ng le"lS than 40 hours shall accrue vacatlon, s~ck leave and other t1me oft in the ~nme rat10 as the average number of hours they work per week ~s to the full-time work week for the pas 1 tl on OCCUP] ed. Other fr I nge benefl t s shall be provlded to part-t~me employees covered hereunder as 1 f thl"'Y wpre pmployed on a full-tlme bas1.s. T. "Pay Statustl shall mean regularly ass1gned work hours actually performed and shall lnclude pay for tlme not worked ">uch as slck leave, berea"emE"nt leave, vacatlon, holldays, compensatory t1me and Jury duty. Overoavment Rem@~y Employees covered here1n shall re~mburse the C1ty for any overpayment of wages or benefIts. SaId reImbursement ah~ll not be requlred untIl the CIty notlf1es the affected employee In writIng. Relmbursement may be accomp ll.shed by a I ump-sum deduct ion made on the next :=lubsequent pmployee payroll warrant tollowIng overpayment notlf1catlon, or by other reasonable repayment method mlltually acceptable to the employee and the CIty, ex~ept thilt lump-sum deductlon shall be requ1l'"ed If the next subseauent employee payroll warrant IS the fInal or termInatIon warrant lssued to the affected employee. - 8 - 1 15. e Pavm@nts at Termlnateon e When permanent employees covered hereln leave the serV1ce of the Clty~ they shall be entItled to lump-sum payoff of var:at 10n leave} and to compensatory tIme au thorlzed and not forfeIted accordlng to the provlSIons of ~rtlcle II, Section 2.03 of thIS MOU. No claIm shall be made agaInst the Cl ty for the use or payment of unused S1 ck leave 1 other than as provIded ln ArtIcle IV, SectIon 4.03, hereln, nor shall the effectIve date of term1.natlon be extended by the use of compensatory tI.me J SI.clc leave} vacatIon or other leave days. - 9 - e e ~RTICLE 11. COMPENSATION 2.01. 2.02. Effectlve Date of Pay Increase Notwlthstann1ng nny other orOVlSlon contaIned change~ 1n salary rates and salary related Changes shall become etfectlve on the 1st day payroll perl.od closest to the effectlve date hereIn. Salar1es here!.n, benef1t of the stated Salar1.es of lIne-Item employees covered hereln shall be on a monthly rate, paId on a bl-weekly equlvalent basls. In l1.eu of the bl.-weekly equ1.valent to a monthly rate, the CIty Manager may f1X the compensatIon of any posltlon at an hourly rate. In posltlons for WhlCh the work week Is 40 hours, the hourly equlvalent shall be determ1ned by dlvldlng the bl-weekly rate by 80 SalarIes shall be adJusted accordIng to the tollOWlng schedule: A. EFFECTIVE July 1, 1986, the salary ranges shall be set as follows: Sub-UnIt I: .41\ U Ilell tlDU UBII L1BRARIAN I lyQO 2089 2212 2:135 LIBRARIAN II 2269 2381 2521 2661 LIBRARIAN III 2S28 2652 2808 ZQ64 BRANCH LIBRARIAN 2388 2506 2654 2801 - 10 - liE" 2458 2802 3121 2949 e e Sub-Unlt I I: II All uSu neu "D" "E" LIRHARY ASSIS'T'ANT lA61 lClS3 2068 2183 2298 LIBRARY INSPECTOR 1432 1503 1592 1680 1169 S'T''A.FF ASST I 1?51 1313 13ClO 1467 1545 STAFF 'A.SST II 1429 1'500 1588 1676 1765 STAFF ASST III 1632 1712 1813 1'114 2015 STAFF 'A.5ST IV 1861 1953 2068 2183 2298 B. COST-OF-LIVING 'A.DJUSTMFNTS (1) In addition to the adJustment 1n (A), above, EFFECTIVE July I, lq86 -- 3%. (2) EFFECTIVE March I, 1987 -- 3%. (3) EFFECTIVE July I, 1987 -- the salnry ranges shall be adJusted by a mlnlmum of 3% OR, it hlgher, by an amount equal to the percentage Increase In the "cost-at-lIvIng" as measured by the Consumer PrIce Index lfor Urban Wage Earners and Clerical Workers, 1961 · 100) tor Los Angeles-Long Bp~ch, Callfornla, publIshed by the u.s. Department of Labor, Bureau of Labor StatIstICS, for the base perIod May, 1986} to May, 1981. However, In no event shall saId adJustment exceed 6%. (4) EFFECTIVE July l, 1988 -- the salary ranges shall be adJusted as stated in paragraph (3), above, except that the base perIod shall be May, 19B7} to May, IY88} and the mInimum adJustment shall be 4%. - 11 - 2 03. 2 04. e It Qvertlme Overt1me shall mean work by employees OccupYIng Ilne-1tem posItlons covered heretn 1n excess of 8 hours ~n one day or 40 hours 1n one week, provlded such hours of work have had the prIor approval of an authorl~ed departmental offlc1al. All authon..zed overtIme shall be compensated for by cash payment based unon 1-1/2 tImes t"he hourly rate eqUIvalent of the employee's monthly salary computed to the nearest .10 of an hour, except that an authorIzed departmental management off1CHll may grant compensatory tIme off at tIme tlnd 1/2 tnr sllch overtIme. Such compensatory tlme off may accrue to a maXlmum of 40 hours at any tIme. A. For employees 1n Sub-unlt I: The compensatory tIme must be taken otf WIthIn the fl.'3cal year earned ot"' it is fortelted w1thout any payment or comoensatlon unJpss the dppartment has been unable to schedule t1me off requested by the l"'mplnyee I In WhIch case the DppartmE'nt Head shall prov1de for cash payment. B. For employees 1n Sub-unlt II: If compensatory t1me 19 accrued and not 30 of any flscal year, lt wtll be employee at the employee's current rate taken by June paId to the of pay. (;.=111 Back p.=Iy Should the Clty call back any full-t1me employee before or atter hIs/her normal workI ng hours to perform work; the Clty shall pay the employee h19/her appllcable overtlme hourly rate of pay for all hours actually worked but in no event shall the employee recelve less than the F"qulvillent of 2 hours pay at the stralIJht-t1me hourly rate regard 1 es s of t tme actua 11 y worked as a resul t of bf'>l ng ca 11 ed back to work to perform serVl ces t or the CIty. - 12 - 2 05. 2 06. e e Tem~orary Pay for Serv1nq In a Hl?her Job ClassJflcatlon When, ln the determInatIon of the Department Head, It is neces5~ry to temporarIly asslgn dutIes and responsIbIlItIes of a Job clasSIfIcatIon hl.qher than those normally performed by an ~mployee due to the temporary absence of an employee In the hIgher claS51flcatlnn} ?mploy@es so assIgned sh~ll b@ compensated at the appl1.cable rate of pay for the Job claSSIfIcatIon Into WhICh the employee 15 aSSIgned. SaId compensatIon shall begIn after the employee has been aSSIa~ed and. has served 5 d~ys In the hIgher claSSlf1.cation. It 15 the 1.ntent1on of the City not to aVOId paYl ng Sind compensatIon by rotat 1. n9 employees 1 n and out of hIgher Job class1f1catIon aSSIgnments. At the e-nd of the t@mporary as :;ngnmen t, 1 t 1. S underst ood that resumptIon of the employee I s normal duties and normal rate of pay does not constItute a demotIon. Local 1634 shall not assert, nor represent or prOVIde any repre~entatIon to any member 1n assertlng that the d1scont1nuance of such a temporary aS51.gnment constItutes a demot~on under Charter SectIon 1110 and MunICIpal Code Sect~on 2105. If an employee feels he/she has assumed the dut1es and responslb1l1tles of hIs/her superl0r, durIng the temporary absence or vacancy of such pos 1. t1.on, and no formal asslqnment IS made by the Department Head WIthIn 5 days of such absence or vacancy, the employee may petItIon the nppartment Head for a formal ass1.gnment. Such petit1.on must include speCIfic deta1.ls of dut1es and r@sponslb1.lltles beIng performed WhICh would sunport such an aSSIgnment for compensatIon under thIS Art1cle. The Df'>partment Head shall respond WIthIn 10 workIng days, and shall prOVIde a rat10nale if the petltlon is den1.ed. ShIft Dlfferentlal A. ~ nIght ShIft dIfferentIal of 30 cents per hour shall be paId to any llne-ltem employee whose regular schedule requl.res the employee to work between the hours of 5:30 p.m. and q:QO p.m., prov]ded that such dIfferentIal shall be paId only for such hours worked between 5:30 p.m. and 9:00 p.m. - 13 - 2 07. 2.08. e e B. A dlfferentlal of 30 rents per hour shall be paId to 1lne-ltem employees covered heretn for all regular hours worked In a shIft WhICh IS dIvIded Into two parts by three or more hours of non-workIng tIme as a part of the sC"heduled ShIft. Such dIfferentIal shall not be pa1.d In addItIon to nIght ShIft dIfferentIal or for overtIme hours beyond the sCheduled ShIft. ij.l.llngual Bonus QualIfied employees who meet the crIterIa set forth herel.n shall receIve a bl.llngual bonus of $35 per month. To reC"elve the blllngual bonus, the follow1ng crIterIa mUCJt be met; A The employee mu~t be assIgned to speak or translate In SpanIsh. B. An employee must regularly utIlize such SkIll durIng the course of theIr dutIes or UDon request of lIbrary management. C An employee must be certItIed as qualIfIed t~rough an examInatIon admInIstered by the Personnel Department. Y-Ratlng When a personnel actIon (e.g I demotIon due to layoff or reClaSSIfIcatIon) results In the lowerIng of the Incum- bent employee's salary range, the Incumbent employee's salary may bp Y-ratpd. "Y-ratpd" shall mean the maIn- tenance of the lncumbent employee's salary rate at the }pvel effectlve the day precedIng the effectIve date of thp personnel actlon plaCIng the employee 1n a lower sal~ry range. The pmployee's salary shnll remaIn at such level untIl the salary range of the new clasSlflcation eauals or exC"ppds the Y-rate sal~ry: - 14 - . e ARTICLE TII. 3.01. 3 02. SUPPLEMENT~~ B~NEF1TS ~~tl.remel'\t The Cl ty 1S a contract member of the Publ1C Employees' Ret1rement System (PE~S)} and It 18 understood and agreed that such membershlp w111 be ma~ntalned and that employee ellglb1l1ty, claSS1f1cat1on} contrIbutIons, and beneflts a-re as prescribed 1n the contract between the Cl.ty and PERS heretofore approved by the CIty CounCll. The C1. ty w1.1l pay hereln an amount compensatl.on toward PFRS contrlbutlon contr1.butl.on). on beha 1 f of each employee covered equal to 7% of t he employee 's the ind1vldual employee's requ1red (1.e., 100% of the 7% employee Such payment 15 not an lncrease of salary and no salary r~nge app11cable to any of the affe~ted employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the CIty wl1l not treat these payments as ord~nary lncome, and thus wlll not W1 thho1d Fpdera1 or State lncame tax therefrom. ~he CIty'S practlce wll1 be to report these payments as be1ng those of the @mployees so that they w1.11 be credlted to the pa r tl.CU 1ar employee's lndl v1dual account Wl th PERS and upon tprmlnatlon w11l belong to the employee. It 1. S agreed that 1. f Sta te and/or Federal procedures requIre reportlng of these payments ln any other manners the parties w11l ablde by such requlrements. Medlcal/Dental In$~rance The C1ty agrees to furn1.sh med1.cal and dental lnsurance coverage for employees covered here1.n and thelr elIgIble dependents. The Clty contr1.butlon for medlcal lnsurance ('overage shall not exC'eed $214.00 per month for health Insurance. EFFECTIVE July 1, 1988, thlS amount shall Increase to $253.00. Dental Insurance shall be prov1ded at no CO$t to the employee. - 15 - 3 03. . e TUItIon ReImbursement The CIty WIll budget annually an amount equal to $10 for each perm~nent l~ne-Item ~mployee of the CIty tor tUItIon and requIred study materIal reImbursement for career Improvement study rtpprnved by authorIzed manaqement ottlclals. ReImbursement shall equal the total cost of tU1tIon (exclUSIve of parkIng, lodgIng and meals) and the total cost of requlI-ed study materIals, prOVIded, howpver, tl-tat: A The maXImum annual amount of reImbursement per I ndl VI dual employee sha 11 not exceed $1000, sub ]ec t to the ava 11 abi II ty of budgeted funds as descn.bed above. B Enrollment In the career Improvement study course shall be approved by the DE"'partment Head or hIs/her deSIgnee. It IS deSIrable that employees seek career gUlnance and approval of the career Improvement study course In advance of enrollment and In no ca~e shall approva I be gran t ed subsequent to complet 10n of a Course. All requests for tUItIon reImbursement, whether or not approved by the Department H~ad, shall be forwarded to the DLrector of Personnel for review prIor to the completIon date of the cour~e. C. The study performi'lnce for another force. course must be dIrected to enhanced of current Job dutIes or to qualIfIcatIon Job pos1t10n represented 1n the CIty work D The employee must exhIbIt some reasonable expectatIon of oual1.fYlng tor such poslt'on upon succes1!lful completIon of the study course. E. ReImbursement shall be made only 1n Installments upon successful completlon of prescr"1bed unIts of study reqUIred by study course ~pproved. F. In no event shall the CIty'S reImbursement be reduced Whpn thpre 13 an outSIde source of aId except In those cases where the aId f rom any outs 1de source J plus the normal CIty relmbursement, excPE"ds the cost ot tU1tIon and study materIal for the approved study course. G If approved tll"l tIon re1mbursement costs blldqpt ed amount as descrl hf"d abrnTe, the costs WIll be prorated so as not to budgeted amount exceed the reImbursed exceed the - 16 - 3 04. 3.05. 1 06. 3 07. . e Mllpagp Relmburspment and Energy ConservatIon Relmbursement to employees for author1zed use of personal automobIles on C1ty bU51npss shall be at the rate establ1shed by the C1ty Council. Santa Mon1ca MunlC1.pal Bus LIne tOkE-ns, to a maX1.mum of 20 tokens per month, w1.11 be prov1ded to any employee covpred hereunder who SUbm1tS] on the CIty m11page re1mbursement form, a record of his/her t ri ps (home to wor.ks1.te1 or worksIte to home) durlng the preced1ng month. The Santa Mon1ca Hunlc1pal Bus LIne route number and the bus number used for each tr1p must be entered on the reImbursement form. Any employee who has not been 1ssued a CIty park1.ng pass] or who voluntarIly turns 1.n h1s/her park1ng pass, shall be eluJI hIe to reCP1 ve 40 tokens per month under the terms descrIbed above. Deferred Comopnsatlon It 13 hereby agreed that employees covered hereIn wl11 be allo~ed to partlc1n~te In the Clty's Deferred Campensatlon Plan. State Dlsablltv Insurance Employ@es covered here1n shall be provlded \nth State Dlsabllty Insurance at the ~mployees' exppnse and w1th no employer contrlbutlon. It 1S understood that the Clty WIll not prov1de 1ntegratlon of 51Ck leave WIth 5Dl coverage. Slck Leave Buy Back/AccumulatIon Program Employees covered here1n have two optlonal s1ck leave progr~ms to choose tram. Be~ause the ch01ce 18 one-t1me and lrrevocable employees should carefully conSIder the1r lnng and short t~rm needs 1n arrlvlng at a chOIce. Employees sha 11 ma lee thel. r se lectlon no 1 ater than the nate uoon WhICh they complete probatlon tor theIr entry claSS1.t1.Cat1onl - 17 - e e A. Program I -- The employee has the annual opt1on to be paId for certa1n unused sIck leave on the terms noted be 10\01 or to 11 bank 11 unused s1ck leave to a maX1.mum accumulatIon of 130 days. Payment shall be made only to employees on the payroll as of June 30 of any covered contract year. ThlS opt1.on shall be aV81.lable only to employees who have a slck le~ve "b~nk" of 12 days. For the purposes of th1.s sect1on, "bank" shall mean the "51.ck Leave Balance Brought Forward From PrIor Contract Year~ column of the "Vacatlon, Sick Leave and Compensa1"ory T1 me" report 1 sSlled by FI nance at the beg1nn1ng of the f1.8cal year dur1.ng WhlCh payable 51Ck lpave 15 earnf'd. Annual s1ck leave payoffs under th1S sect loon for employees WIth less than 10 years of serVIce shall be made accordlng to the follow1ng schedule~ Slck Leave nays Used In the Flscal Year Slck Lpave Days Payable In Succeed1ng July o 1 2 J 4 5 6 or more 6 5 4 3 2 1 o Annual s1.ck leave payoffs under th1.s sectIon for pmployees WIth 10 Dr more years of serVIce shall be made accord~ng to the follow1.ng schedule: SIck Lpave DClYS Uc:ed In the F~scal Year Slck L~~ve Days Payabl~ In Succeeding July o 1 2 3 4 5 6 7 8 9 10 11 1 2 12 11 10 9 8 7 6 5 4 3 2 1 o - 18 - . e It IS mutu~lly aCKnowledged by the parties that the use of Code 40 or other t1me off not appropriately scheduled 1n advance wlII dIsqualIfy an pmployee from e11g1blllty tor payment under thlS sectlon. SIck leave for WhICh payoff is receJved shall bp consIdered "used" In that it WIll not be added to the "b~nk" (or If addpd to the "bank" prIor to the payoff date shall be removed from the "bank"). B. Program II -- The employee has no optIon for pay for unused sick leave and "banks" unused SIck leave WIth no lImIt or maXlmum accumulatIon. - 19 - e e ARTICLE IV_ LEAVES 4. 01. P:iild HolIdavs Employees OccupYIng Ilne-ltem Job claSSIfIcatIons covered hereIn shall rf'CelVe paId hol1days as tallows: New Year's Day - January 1 MartIn Luther Klng's BIrthday - 'lrd Monday In January Llncotn's BIrthday - February 12 Wa~hlngton'~ BIrthday - ThIrd Monday In February MemorIal Day - Last Monday In May Independpnce n~y - July 4 Labor Day - FIrst Monday in September Vetprans' Day - Novpmber 11 ThanksgIVIng Day - Fourth Thursday In November DeC"prnber /4 ChrIstmas Day - December 25 One floatIng Hollday All other holIdays declared by the CIty CounCIl Whpnpvt"r ('jny O('jY 11 'H ed hprel n as a pa Id holl day t a 11 s upon the fIrst or second day off of any employee who has 2 consecutIve days otf, the day precerllng shall be deemed the holIday If It falls on the fIrst day off, and the day tollmnng .,hall be deprnpd thp holl\1ay It :1t falls on the second day oft in lIeu of the day llsted. Whenever any dRY lIsted hereIn as a palO t'lollday frtlls upon any day off of an employee who does not have 2 consecut~ve days off; the followlng day shall be df'f'>med t he holIday for such employee. Time worked on an authorIzed compensated at stralrJht tlme eqll1.valent to the monthly salary I"')~y pald at pluc; holiday shall be the hour Ly rate the regular hollday Thp. floatIng hollday IS accrued by employees on pay starns on ,July 1 of p;'1C"h ypar If It IS not tilJct"n or otherWise paid during the fl~cal year In which It is accruPd) 1t sh~ll be paId off In July of the new tlscal year at the rate 1n effect at the end ot the prior fiscal year - 20 - 4.02. e e VacatIon Employees covered hereln shall accrue vacat~on leave wlth o~y on the followIng basIs: A FollowIng completIon of of contInuous serVIce the fIrst 6 calendar months 6 workIng days. S_ Thereafter, up to and lncludlng 5 completed years of serVIce one workIng day ner completed calendar month of serVIce. c. Thereatter, up to and IncludIng 10 completed years of serVIce - 1.25 workIng days for each completed ~alendar month of serVIce. D. Thereafter, up to and IncludIng 15 completed years of serV1ce - ].5 workIng days for each completed calendar month of serVIce. E. Upon completion of 15 YE"ars of serVIce and there~fter - 1.75 workl.ng days for each completed calendar month of ser"l~e F The adm1nlstratIon or applIcattOn of vacatIon leave provlslons and the lImItatIons on the aCCllmulatlon, proportIonate accumulatIon, schedulIng and payment for such lE"8ve shall be as prescrIbed In the CIVIl serVIce prOVIsions of the Santa MonIca MuniCIpal Code. G. Employees who have not completed theIr tenth year of Sf'rV1Ce shall be permitted to acrumulate, WIth Department Head approval, up to 24 worklng days vacatIon le?lvej F-mploYf"es who h<"lve cornplE"ted theIr tenth year of serVIce shall be permltted to acrllmu I ate 7 WI th Department Head approval, up to 30 working days vacat1.0n leave. However, Department Hends Shall attf'mpt to schedule vacatlons to lnsure that employep.s recelve a vacat~on after each year of serVlce. If a tlmply requf"st 15 made to use accumu lated vacat 10n} and 1 f tha t reques t cannot be i'iDprovpd by t"he Department Head, the E"rnployee shall be paId the dollar value of such vacatlon that would exceed the maXJmum allowable accumulatlon. FillluTf'> to make a tImely request to use vacatlon tIme whIch would exceed maXlmum accumulatIons In any year shall canst 1 tute a wa 1 veT of c 1 a 1m3 for such vaca t 10n or any compensatIon therefor. - 21 - 4 03. e e ~l("k Leave Employees covered hereunder shall be ent I t led to sIck leave benefIts as def2ned In SectIon 21041 of the Santa Mon1ca MunIcIpal Code except as modIfIed hereIn: A. hS1ck Leave~ 15 defIned as: absence from duty because of Illness or off the Job InJury or exposure to contagIous d1sea5es as eVIdenced by certIfIcatIon from an acceptable medIcal authorIty; illness or In1ury of the employee's depenaent chIldren or spousej or, WIth proper advance notIficatIon to the department head, medl calor dent a 1 appol n tment 5 of the employee or the employee's dependent children or s~ouse WInch could not be scheduled durIng non-work hours. B. Each employee shall accrue SIck leave WIth pay on the follOWIng baSIS: FollOWIng completl.on of 6 calendar months of contInuous serVIce, 6 workIng r:l~ys. Thereafter, one workIng day for each completed calendar month of serVIce Those employees who, as of the effectIve date of thIS agreement, were earnIng 2 workIng days for each completed calendar month of serVIce shall mal.ntain that accrual rate for the term of thIS MOU only. Thls accrual rate shall termInate for these employees on Jun~ 301 lQS9) and thereatter ~ald employpes shall earn 1 work1ng day for each completed calendar month of serVIce. A completed calendar month for Wh1Ch beneftts hereIn shall accrue 1S defIned as a calendar month 1n whIch the employee hag been In pay status for 1 t or more work1ng days In that month. C. For all employees} SIck leave shall begIn 'nth the tIrst day of ll1n~S8. D The foregOIng benefIts are cumulatIve SUbJect to the follOWIng restrIctIons: not more toan 130 workIng days may be applIed agaInst SIck leave for one gIven Illness. - 22 - e e E. Full tIme employment for the purposes of thIS sectIon shall be construed as the 40-hour week regardless of the hours actually worked In a calendar wp~k. A lIne Item pOSItIon Incumbent employed less than 40 hours per week shall acrrue SIck leave 1n proport1on of the SIck leave for full-t1me employment as the number of hours per week budgeted In that pOSItIon bears to the 40-hour work week. F. nepart~ent H~~ds shall requIre proof of illness from an authorl.zed medIcal authorl.ty for sl.ck leave 1." excess of 5 cnnserutlve work1ng days and may requIre such proof for perIods of less than 5 consecutIve workl.ng days. G. "Any employee who 15 absent because other phYSIcal dlsabll1ty, Shall Department Head or other ImmedIate as soon as pOSSIble but In any evpnt day of ab~ence. of SIcKness or notIfy hIs/her superlor otficer durIng the fIrst H. If the employee I s absence on <; I ck I pave excpeds 30 ca lendar days, he/she must submI t a statement and med~cal certifIcate on an offl~lal CIty form prIor to her/hIS being granted reInstatement. to CIty serVlce. I> At the wrl tten rp.CJuest of the ~ppoInt 1ng authority; the Personnel Director may reqUIre an employee to submIt to an eXc'1ml.nt'ltlon by the CIty'S medIcal examiner and If the results of the examInatIon IndIC'ate that the employee IS un~ble to perform hl.s/her duties, or In the performance of hIs/her dutIes exposes others to InfectIon, the employee shall be placed on SIck leave Without prIvJ.lege of r~lnstateml"'nt until ad~quate medIcal eVIdence IS submItted that the employee IS competent to perform her/hIS dutIes or '.01111 not SUbJect others to Infect IOn. A.ny employee so examined sha II have the rl ght to subml t the reports of a competf'nt medIcal authorIty of her/hIS own selection and at her/hl.s own l"'xpensE" 1 n t'ldd1 t 1 on to ,he reoort subml t t ed by thp Ctty MedIcal ExamIner. In the event of a conflIct of 001nIon and/or recommendatIons of the two examInprs; a third shall be selected by the first two examIners ~nd a fInal decl~lon shall be made by the Personnel Board based on the three reports. - 23 - 4.04. 4.05. e e Leave of Ab~ence Wlthout Pay An ~mp] r.yee cOilE'r~d hE'reln may be granted a leave of ab~ence wIthout pay upon appllcatlon approved by the DepartmE'nt Head ~nd the Clty Manager. Such leave may not exceed one year's tlme. Upon eXpIratIon of the leave} the E'mployee !'lhall he rE"lnstated to the posItIon held bet ore the leave was granted. Such leave shall be granted only In those ca~es where an E"mployee's record of serVlce and qualIfIcations make It deSIrable for the Clty to retaIn hIS/her serVIces even at the cost of some Inconvenlence to the Ctty. Mllltarv Lei'lve An employee covered hereIn, who In tIme of war or natIonal emergency as proclaImed by the PreSIdent of the Un1. ted States or the Congress of the UnI ted States, or whIle any natIonal conscrIptIon act IS In etfect, 1.5 1 nducted into the armed forces of the Un 1 tad States or who Ipaves employment WIth the CIty to enter vOluntarIly the armed forces and WIthin- a reasonable tIme after }@nvIng E"mployment WIth the Clty does enter such serv~ceJ shall be granted a leave of absence WIthout pay for the duratIon of the perIod of actIve serVIce WIth such armed forces. If such employee rece1ves an honorable dIscharge or Its eqUIvalent and the Oosltlon stIll eXIsts and the employee 15 otherwl.se quallfl.ed to fIll the same} the l"'mplnyee shall have the rIght to return to the pOSItIon wlth the CIty wlthln 6 months after the termlnatlon of cmC'h aC"t I ve serV1.ce hut sMa 11 not hav@ a r 1 qht to so return 1a ter than 6 months after the end of the wa r or .'lfter the tIme the PreSIdent 1 or Congress proclaIms the natlonal emergency is term1.nated, or after the eXpIratIon of th~ natIonal conscrIptIon act. SuC'h an employee shall receIve senIorIty and other credIts on the same baSIS as though the employee had remaIned In the CIty serVIce and had not taken such mIll tary leave. Leaves at absence WIth pay for temoorary ml11tary duty shall be granted In accordance WIth appll.cable state law. - 74 - 4.06. 4 07. . e ..lu rv Du t y Any employee covered hereIn, when duly called to serve on any Jury and when not excu sed therefrom 1 sha 11 ree!!1 ve the regular base compensatIon, 1 es saIl Jury fees receIved exC"ludlnq milpage; for the t1me requIred to be sppnt under the Jurlsdlct10n of the court. Each employee receiVIng a notlce to r@oort for Jury serVIce shall lmmed~ately notlfy hls/her supervlsor. Whenf'>ver dally Jury duty sC"hedull.ng pE"rml ts J employees shall return to the1.r regular dally Job ass1.gnment to complete their rE"gular dally work hours. If the employee 15 normally scheduled for something other than a Monday throuqh FrIday, 8:30 a,m. to 5:30 p m. work schedule, the Department Head shall as!ngn the employee to a Monday throngh FrHJay work wf'>elc durIng rhe perlod of Jury service. Atter servlng requlred Jury serVIce, employees shall provlde the Df'partmpnt Head WIth approprIate documentation of Jury serVJ.ce compensation and a check payable to the CJ.ty of Santa Monlca for the total Jury t ep-s, less mileage} .Wl thl n 45 days of the las t day of JlIry servu:.e. Fa 11 ure to do gO 101111 resul t 1 n a deductlon from the employee's next paycheck of the amount of Jury duty nay ~dvan~pd by the CIty. Workers' Compensatlon (D~sablltv) Leave ~ny e-mploYE"e covered herein who IS receIVIng dISabll1.ty payments under the "Workers' Compensat1.on Act of Cal1fornla" Itor on-the-Job lnJurles sustaIned whl1e engaged 1n the performance of the duties of any such Job) sh~ll rE>C"E>IVe from the Clty during the flrst 60 days of such dl sablil ty absence, payments 1 n an amount equa 1 to the dlttere-ncE' between the dlsabl1Ity payments receIved under the Workers' Compensat~on Act and the employee's full sal.'lry. Such p~ymente; by rhe Clty shall be mad€' wlthout any deductlon from accrued SIck leave beneflts. - 25 - 4.08. 4 09. 4.10. e e Parental LeRve Employees who demonstrate that they have pr1.mary rp~ponSlbll1ty for the care of a new Chlld who requ1res constant parental superv1s1on} shall be entItled to a l~ave ot absence ~otalllng tour months ImmedIately to 1l0w1ng the Chlld 's bl rth or adopt J.on and shall be returned to the same Jab clas~lflcatlon oc~upled prior to the leave upon 1tS eXp1ratlon. PSl.d vacation leave or sick IE"3VP 1f applIcable, as well as unpald leave, shall be counted toward the four month total. Addltlonal leave may be rpquestAd under the prov151ons of th1S MOU govern1ng leaves of absence wlthout pay. Prlmary resoonslblllty may be establlShE"d by prOVidIng documentatlon that the employee's spouse 15 medIcally lncapac1tated; or that the spouse IS galnfully employed dur1ng hours the employee 15 normally scheduled to work and no schedule change for the employee or spouse IS po~s1ble; or by demonstrat1ng other extraord1nary C1rcum- st~nces such as the adoptlon of a dIsabled Chlld who requ1res constant parental superv1s10n. Bereav~ment_Leave Bereavement leave not exceedIng 5 workIng days shall be granrpd to f'mployees covE"red hereIn nue to the death of a member of the employee's 1mmedlate famIly. ImmedIate f~m]ly ~hall mean spouse, ChIld, brother, SIster, par~nt, parent-ln-law1 grandparent} grandchIld} son-In-law1 dauqhter-In-I aw 1 step-parent, s te-p-brother, st ep-s 1 ster , step-chIld, or any other relatIve lIVIng In the same household. ~rgent Personal ~eave Two days of ]e-ave p~ch flscal year may be used tor urgent personal matters that could not be postponed to a sllbseOllf'nt tlmE". ThIS le<'lve ~hall be chargeod aoalnst accrued SIck leave~ If any. ThlS leave shall be granted In unIts of not less than 2 hours} nnd only If accrued SIck leave IS ava11able. ThIS leave shall not be i'lccrlli'lble trom ypar to year If not used In any gIven f1~cal year. - 26 - . e AR'rICLF V. 5.01. 5 02. WORKTNG CONDIT10NS ~af~ty The C~ ty sha 11 provlde a reasonab 1 y safe and hea 1 thy worlnng f'nVlronment ~n accordance -,nth aopllc-able State and Federal laws and regulat~ons. Where safety devlces or Irems of protect1ve f'quIpmf'nt are rpqUlred or furnIshed, theIr use shall be mandatory. An ~mployee who 15 dIrectf'>d to perform a task WhlCh the employee has reason to belIeve 1S a clear and present d~nger may request an ImmedIate reVIew by hIs/her Department Head and the Personnel D1rector, who shall consult WIth the CIty BUIld2ng OffIcer, FIre Marshal, County Health offIcers} or State health offICIals as approprIate. DurIng the perIod of reVIew and/or lnvestlgation, the employee shall be aSSIgned other ~pproprlate dutIes WhICh do not pre~ent a health or safety hazard. It is mutually aqreed that a representatIve of the recognIzed employee orfJanlzatlon may attend meetIngs ot the ~dmlnlstrative Safety CommIttee when, In the opInIon of "illch representat 1 ve J a 9."1f ety ha7a I'd eX1 "Its wh Ich should be con:u.dered by the Safety Comml ttee provIded, howpver, that rhe all~~ed ~afety and health hazard shall flrst be brought to the attentIon of the Department Head In wrltln9. The n~parLment Hpad shall re~pond In wrItIng WIthIn 2 workIng days. The representatlve at the rerogn1zed employee organIzatIon shall request In wr1tlnq of the Depal"tmen t Head perml. ~ 510n to at tend the Admlnlstrarlve Sntety CommIttee at ]PASt 3 d~ys prIor to Sale meetIng and such permlss10n to attend saId meeting shall be granted. Effect ot Job Performance on Salary ~he CIty Man~ger, In exceptIonal cases! based upon SpPCItlC appraIsal of the Importance and dIffIculty of the work and the experlence and abIlIty of the person to bp employed! or of the Incumbent, may authorIze entrance ~alarles hHlher than thp mInImum, -'!nd spec-Ial Increases above the amount prescrIbed In the sa lary schedule for the class and l~ngth of serVIce of the lncumh~nt. In no eVf'nt, however! shall the rate exceed the maXlmum for ,h-'!t C'lrlss. - 27 - 5 03. 5 04. e e Notw1thstandlng ~ny provl~tOn contaIned herPtn, there wlll be no Incre~se In wages of any kInd as a result ot a NOT ACCEPTARLE ratIng on ~he pmployee's prescrIbed pprIodlC performance ratIng. There WIll be no subsequent 1 ncrE"asps In w.=tges untl} the NOT ACCEPTABLE ratIng has bp-pn improved to at least the SA'l'ISFACl'ORY level. It ovprall performance 13 rated NOT ACCEPTABLE an pmployee may be dl~missed tram servIce, and If two consecutIve p@rformance rat 1 ngs a re marked NOT ACCEPTARLE, employee sh~ll be dIsmIssed by appOIntIng authorIty for lnf>fflcu~ncy I qMCC SectIon 2104,11,1). Any overall ratIng 1 n thp- BEI.OW SATISFACTORY category may de lay the next s("'hedu 1 ed sa} ary step 1 ncrea se at the dI scret Ion of the appolntlnq authorIty. Such actIon shall remaIn In effect untIl the ratIng has been Improved to at least a SATISFACTORY level. TIme otf tor SelectIon Procedures Employees covered hereunder shall be entItled, durIng workIng hours, to nece<;sary tIme off, as detprmInpd by thp Department Head and verif~ed by the D1rector of Personnpl} to partICIpate In the selectIon process requIred by the Dlrector of Personnel for the purpose of detprmInlng elIqlbI1Ity for movement to another pOSItIon classifIcatIon in Clty serV1ce or for transfer from one C1 ty nf>pa rtment or dl VI S I on to anot hf"r . Such tIme of t shall be cons~dered hours worked. Lavoffs Any CIVIL serVIce employee may be separated from hIs/her Pl11ployment for an Inde-fInlte perIod of tIme by the CIty because of alack of work, lack of funds, aba 1 i t 10n of pOSItIon, or other SImIlar cau~ps. Su~h actIon IS des Igna ted as a layoff and sha 11 ent 1 t le the lal.d oft Pl11ploype to be placed on the reemploymE"nt lIst for h\s/her Job clasSlf~cat10n (see SectIon 2103H of the S<1nta MonIca MUJ'JIcloal Code), Layoffs 5hall be qoverned by Sen10rl.ty ~n serV1ce WIthIn a partIcular department ~nd WIthIn a part1cular claSSIfIcatIon; I.e.~ an employeE" be"lng laId off shall be that employee w1th the lowest c;pnlorl ty In the partlCU J ar dPpartment roncerned and 1n thp partIcular job class~f1catlon Involved. Reemployment from layoffs 1n a partl~ular department ~hall be 1n the reverse order In WhICh the layoffs occurred In that dppartmf>nt7 sUhJect to the pmployee's rlqht of flrst refu5~1. Any posltlon may be abollshed by the Clty COlln('ll and should such <'in (iboll::ihpd pOSItIon be rel ns tared or any such pos 1 t Ion 1 nva 1 Vi ng subs tan t l.a lly the ~ame dutIes be cr~ated or fIlled WIthIn one Yf'>~r, the la 1 d off employee sha 11 be entl tIed to reemployment 1 n rtccordance WIth the rules qovernIng layo-rfs. - 28 - 5.05. 5 06. S 07. e e If ih~re IS a ~]a5s of pasltlons of a Inwer r~nk and In the same promotlonal lIne as the class of posItIons from WhlCh layoff IS m~de, the appoIntIng ~u~horlty shall demote the employee scheduled for layoff to a posIt1on 1n such lower rankIng cl~ss of Oosltlons. The pmployee WIth the lowest senIorIty OccupYIng such lower rankIng rosItlon m~y In turn be laId off or demoted In the same manner to the end that the last person employed In the }awpst rankIng class at pOSItIons may be the person laId oft. Access to OffICIal Personnel FIle of Employee An employee covered hereunder shall be entItled to reVIew thp content of hIs/her offlclal personnel fIle at rp""sonahle lntervi'lls, upon wrItt-en request to thE" Pe rsonne 1 D1 rector at leas t 24 hours 1 n advance. nOffl~lal Personnel Fl1e~ shall be defIned as the contents of the employee's otflclal flie held at both the Personnel Department and LIbrary Actm1n1stratIon, and both fIles shall be reVIewable upon an employee's slngle wrltten rE"qllest to do so No mater1al sha~l be placed 1n an employee' 8 off1c1al personnel tIle WIthout havlng tlrst bpen shawn to the employee. An employee may prepare a wrltten response to ~ny such matf'rlal and c;uch response shall be flIed wlth thp- or1g1nal document. Any wr1.tten repr1.mand shall be rpmoved from the fIle after two years} It there has been no recurrent of the lnc1.dent. Weekend 'rIme Off The Clty shail make reasonable etforts to prOVIde pmployees covered hereunder wlth at jeast one weekend of two consecutlve days oft durlng each month. Weekend 1.S dpfInpd for thIS purpose as Saturday and Sunday. Tlme tor Clty Meetlngs Tlme ~oent at meetIn9s, ronferpnces or c;emlnars by emnloyees covered hereunder are conSIdered hours worked1 provlded1 howpver, that the employef' has been dIrected to attend sald meetlng, conference) or semlnar and no overf",me or other preml11m compensatIon 15 allOWE'd thl"'refor. One 24-hour perlod at such meetIngs) cnnferpnce or semInars c;hall be pqulvalent to 8 hours ot regular duty. - 29 - 5 DB. 5 09. 5.10. e e Rest Perl ods Employees shall be allowed durlng each 4 consecutIve a-hour work day. rest hours per1.ods of 1 S mt nutes of work durIng eacn Emolnvee Par]ono The Clty wlll make every effort to malntaln free parkIng tor rlty employees at CIty faCIlItIes. Flex-tIme Study The Clty agrees to reVlew and dISCUSS a proposal that Local 1634 may submit wtth regard to alternatIve work schedules. The CIty does not commIt to lmplempnt such a plan but only to gIve It serIous conSIderatIon. It 15 agreed that provldlng serVIce to The publIC shall be thf' prImary conSIderatIon In any proposal developed. - 30 - e e ARTICLE VI. EMPLOYER/EMPLOVEE RELATIONS 6.01. 6.02. 6-03. ~9yroll Deductlons It 15 mutually understood and agreed that the Clty wlll, sUbJect to the provlslons of Ordlnance flOt (eCS) and durIng the term of thl$ MOU, deduct monthly and remIt to the offIce or offIcer desIgnated in the pmployee payroll dpductlon authoTlzatlon form any recognIzed employee organIzatIon dups~ credIt unIon Investments or payments, h~alth and hospl.tallzatlon lnsurance prem1ums, and Ilfe and ace I dent I nsuranee premI urns. Any or a 11 of such payroll deductl.ons are subJect to termlnatlon by the City Manager upon 24 hours natl.ce for fallure to comply WIth th@ provlsions of thIS MOU. Reasonable NotIce It 1S mutually agreed and understood that a copy (vIa the UnIted States Postal SerVIce) of the Clty Councll and/or Personnel Board agenda for each meeting malled to the authorIzed representatIve of the recognIzed employee organlzatlon shall constltute reasonable wr~tten not1ce, and notl.ce of an opportunIty to meet WIth such agencIes, on all matters withln the scope of representatlon upon wh1ch the C1ty CouncIlor Personnel Board may act. Unl.on Securlty ThiS MOU shall be applicable to all employees wlthln the Job classIficatlon spec1fIed 1n Sectlon 1.01 here1n and such other c lass1 flcatl.Ons as may from tIme to t1me be created w1th1n the unlt of ~mployees covered by thls MOU 1rrespectlve of union membershlp, prov1ded, however: All pmployees who are members of the unIon 15 days follOWIng ratlficatlon of th1S agreement by the CIty CouncIl, or who aha 11 thereafter become members 1n good standlng of the un10n shall obllgate themselves to pay dues to the unIon for the 11 fe of thls MOU and hereby authorlze the Clty to wlthhold sald dues for the term of th1S MOU. - 31 - 6 04. 6 OS. e e AFSCfl1E F1qrpf!s to rind Shilll lnrtemnlty and hold harmles~ tnp C1. ty of Santa Monl ca, 1 ts CouncIl, boards, commlsslons, offl~ers, agents, servnnts nnd employees from and aga1nst any and all loss, damages, 11ablllty, claIms, SUIts, costs ~nd pxpenses} whatsopver, InclUdIng reasonable attorneys' tees, regardless of the merIt or outcome of F1ny such claim or SUIt, arISIng from or 1n any manner connected WIth the operatlon of thIS prOVIsIon. Union Repregentatlv~ Tl~~ The Clty agree~ that reasonable tIme shall be allowed for the Presu1ent of Local lfi34, or a specl"flcai ly agreed upon alternate, to represent the members of Local 1634 In matTPrs pertainIng to grIevances, or ctlsputes over InterpretatIon of thiS MOU, WIthout 10s5 of compensatIon or charge agalnst rhe employee's accumulated le-avp prOVISIons. Approval for such tIme shall be requested at lpast two workIng days 1n advFlnce ~nd a response Will be provIded by the Department Head or deSIgnee at least one nay 1n advance of the rpque~ted tIme otf. In matters of urgency, the PresIdent or deslgnated alternate may rPllllest the tIme off on shorter not:lce and the Department: Head may grant approval prov~ded that the reprpsentatlve's absence would not adversely aftect department operatIons. Local 1634 agrees that unIon bU"llnesS shall be conducted durlng Off-duty hours as much as po<;slble, and the CIty agrees to be reasonable 1n gr~ntlng Clty tIme when necessary GrIevance and ComplaInt PolICY In the pvent nny grlevnnres, dIsputes, or dl~"greements arIse concernIng m~tter3 WIthin the scope of rpprpsentatlon of the TPcogr'llzed pmplnyee organIzatIon; sur.h grIevances] dIsputes or dIsagreements shall be rp"lolved as follows: A GrIevances, dl~putes and dIsaqreements concernIng the lntf>rprptatlon or i'lppllratlon of the tf'>rms of thIS MOil shall be resolved, If posslble, by meetIng and conferrIng In gnod falth. If unresolved by such meptIngs, the partles shall conSIder submIttIng such IS~U~S to m~dlatlon as prov~ded by OrdInance No. 801 (CCS) . In the absence of agreement to medlate or falJUre of m~dlallon or arbItratlon by mutual consent, the Issues shall be resolved by an actIon In a cnurt at ~ompetent )urlsdlcatIon on motion by el.ther party. - 32 - e . B Grtevances, dIsputes or dlsagreements Involv1.ng remoVnls, demotIons or SlI"lpenS10ns fihall be re!':o!ved ao; prov1.ded by the CIVIL serVICe provlSlons of the S~nta MonIca MunICIpal Code and the CIty Charter. c. Other grIevances, disputes and dl.sagreements shall be resolved as provlded by the CIVIL serVIce prOVISIons ot the Santa MonIca Mun1.Clpal Code. Representat1.on by the recognl~ed pmployee organlzatlon shall UP Ilml. ted 1 1n thl.S clas S ot grIevance, to appearances before the Dpparrmpnt Ht"'Rd, Per sonne 1 D1 rector 1 and the City Manager. - 13 - c e e IN WITNESS WHEREOF, the parties hereto have caused Memorandum of Understanding to be executed this date: 1986. By: Local 1634 AFSCME City of Santa Monica ':./ - IL President ( -i City Manager a~w a/~__ tl:resentative - I ......oI~. -t-L1f-".:.!:"].V ! 1--':"<~~--L-rr-'~-oU..r-:(...-"!.~r Representative / // ;:;:;-?' ,f, // // /,,/,," //r';; /" ..../r"... ,~~. ./" ~: Repres~.5~~_~~~-~ -- /' / ---- -"' AFSCME Representative APPROVED AS TO FORM: By ~w..~ Robert M. Myers city Attorney this r