R-7460
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RESOLUTION NO. 7460(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE MANAGEMENT TEAM ASSOCIATES
WHEREAS, the city Administration and representative of
the Management Team Associates have met and conferred under the
terms of Ordinance No. 801 (CCS) and have reached agreement on
wages and other terms and conditions of employment; and
WHEREAS, section 2.06 of Ordinance No. 801 (CCS) of the
City of Santa Monica requires preparation of a written memorandum
of understanding between the administration and employees if an
agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further
provides that any such memorandum of understanding shall not be
binding unless and until presented to the governing body for
determination; and
WHEREAS, the purpose of this memorandum of understanding
is to promote and provide harmonious relations, cooperation, and
understanding between the Ci ty and the Management Team
Associates;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
section 1: The City council of the city of Santa Monica
does hereby approve and authorize the City Manager to execute the
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Memorandum of Understanding executed by the Management Team
Associates, a copy of which is attached hereto.
Section 2: The City Clerk shall certify to the adoption
of this Resolution and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
~~ M. ~._._
ROBERT M. MYERS
City Attorney
(dft.pms, "resopoalt)
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I hereby certify that the foregoing Resolution No. 7460(CCS)
e, 1987.
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was duly adopted by the Ci
of the City of Santa Monica
at a meeting thereof held on June 30, 1987 by the following
council vote:
Ayes: Councilmembers:
Finkel, Jennings, Reed, and Mayor
Conn
Noes: councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
A. Katz, H. Katz and Zar~
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ATTEST-:-
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MANAGEMENT TEAM ASSOCIATES
ARTICLE I: GENERAL PROVISIONS
TABLE OF CONTENTS
1.01
1.02
1.03
1.04
1. 05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
ARTICLE II:
Parties to Memorandum
Purpose
Term of Agreement
city Council Approval
Recognized Employee Association Name
Scope of Representation
Full understanding, Modification and waiver
Management Rights Reserved
Peaceful Performance of City services
Validity of Memorandum of Understanding
Captions for convenience
Equal Employment
Definitions
Overpayment Remedy
Payments at Termination
COMPENSATION
2.01
2.02
2.03
2.04
2.05
ARTICLE III:
Effective Date of Pay Increase
Salaries
Overtime
Promotional Pay Rate
Y-Rating
SUPPLEMENTAL BENEFITS
3.0l
3.02
3.03
3.04
3.05
3.06
3.07
3.0B
3.09
3.10
3.11
Health and Dental Insurance
Retirement
Tuition Reimbursement
Deferred Compensation
Mileage Reimbursement & Energy Conservation
Mental Health Insurance
Term Life Insurance
Long Term Disability Insurance
Recognition of Exceptional Performance
Performance Based Increases
sick Leave Buy Back
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ARTICLE IV:
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
ARTICLE V:
LEAVES
Paid HOlidays
Vacation Leave
sick Leave
Leave of Absence Without Pay
Military Leave
Workers' Compensation Leave
Jury Duty
Bereavement Leave
Management Leave
WORKING CONDITIONS
5.01 Safety and Loss Prevention
5.02 Effect of Job Performance on Salary
5.03 Employee Parking
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions
6.02 Reasonable Notice
6.03 Grievance and Complaint Procedure
EXHIBIT A
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1.02.
1.03.
1. 04
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Parties to Memorandum
This memorandum of understanding has been prepared
pursuant to the terms of Ordinance 801 (CCS) of the city
of Santa Monica, which Ordinance is hereby incorporated
by reference as if fully set forth herein, and has been
executed by the City Manager on behalf of management
officials of the City and by the MANAGEMENT TEAM
ASSOCIATES (MTA), and on behalf of employees occupying
the line-item full-time employment position
classifications set forth in Exhibit A which is attached
hereto and made a part hereof.
In the event new job classifications are created which
are proposed to be added to the MTA unit, the Municipal
Employee Relations Officer will notify MTA prior to the
Personnel Board and City council considerations of the
new classifications. Any classifications proposed to be
added to the unit shall be mutually agreed upon in
writing and will become effective upon execution by the
President of MTA and the Municipal Employee Relations
Officer.
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the city and the employees covered
herein: to provide an orderly and equitable means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by MTA.
Term of Agreement
This agreement shall be effective as of the 1st day of
July 1987 and shall remain in full force and effect until
the 30th day of June 1989. It shall be automatically
renewed from year to year thereafter, unless either party
shall notify the other in writing not later than March 1
of each year that it desires to terminate or modify this
agreement, and specifically indicates requested
modifications. In the event that such notice is given,
negotiations shall begin no later than April 1 with a
signed contract desired July 1.
City council Approval
This MOU is of no force or effect whatsoever unless or
until ratified and approved by resolution duly adopted by
the city council of the City of Santa Monica.
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1.05
Recognized Employee Association Name
The MTA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent line-item
employment position classifications set forth in Exhibit
A (which is attached hereto and made a part hereof)
pursuant to section 3.04 (c) of Ordinance 801 (CCS). It
is the mutual understanding of the parties hereto that
acknowledgment of the MTA as the recognized employee
organization:
A.
Does not preclude employees
position classifications
themselves individually in
relations with the city.
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
classifications concerning their employment
relations with the city.
in such
from
their
employment
representing
employment
1.06
Scope of Representation
The scope of representation of the recognized employee
organization shall include all matters relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance 801 (CCS).
1.07
Full Understanding, Modification and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly wi thin the scope of representation as
outlined in Section 2.05 of Ordinance 801 (CCS). This
MOU constitutes the full and complete agreement of the
parties and there are no others, oral or written, except
as specified in this agreement. The parties are not
bound by any past practices or understandings of either
party unless such past practices or understandings are
specifically stated in this MOU except that provisions or
conditions not specifically changed in this or previous
MOU's shall be as prescribed by the civil service
provisions of the Santa Monica city Charter and the Santa
Monica Municipal Code. Each party, for the term of this
MOU, specifically waives the right to demand or petition
for changes herein, whether or not the subjects were
known to the parties at the time of execution hereof as
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proper subj ects wi thin the scope of representation as
outlined in Section 2.05 of Ordinance 801 (CCS).
1. 08
Management Rights Reserved
The City retains all rights not specifically delegated by
this agreement, including, but not limited to, the
exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees.
hire, promote,
transfer, assign,
suspend,
schedule,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determine the overall mission of the unit of
government.
Maintain and improve the efficiency
effectiveness of government operations.
G. Take any necessary actions to carry out the mission
of an agency in situations of emergency.
F.
and
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwise
specified above or by collective agreement.
1. 09
Peaceful Performance of City Service
It is mutually understood and agreed that participation
by any employee in a strike or a concerted work stoppage
terminates the employment relationShip in the absence of
specific written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, slow-down, sit-down,
stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down,
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sit-down, stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services, the city, in addition
to any other lawful remedies or disciplinary
actions, may by action of the City Manager cancel
any or all payroll deductions, prohibit the use of
bulletin boards, prohibit the use of City
facil i ties, and prohibit access to former work or
duty stations.
C. Neither the employee organization, nor any person
acting in concert with them, will cause, sanction,
or take part in any strike, walk-out, sit-down,
slow-down, stoppage of work, picketing, retarding of
work, abnormal absenteeism, withholding of services,
or any other interference with the normal work
routine. The provisions of this article shall apply
for the same term as this agreement, or during any
renewal or extension thereof. Violation of any
provision of this MOU by the recognized employee
organization shall be cause for the City, at its
sole option, to terminate this agreement in addition
to whatever other remedies may be to the City at law
or in equity.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
1.10
Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to
negotiate for the purpose of replacing any such invalid
or illegal provision.
Should any change be made in any Federal or state law, or
in any rules and regulations implementing such
legislation, or in any city Charter provision or Santa
Monica Municipal Code provision which would be applicable
and contrary to any provision herein contained, then such
provision of this MOU shall be automatically terminated,
but the remainder of this MOU shall remain in full force
and effect. Such legislation and/or rules and
regulations shall supersede this MOU and applicable
clauses shall be substituted for those ruled invalid or
illegal. The parties hereto shall immediately commence
to negotiate for the purpose of replacing any such
invalid or illegal provision.
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1.11
1.12
1.13
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Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Equal Employment
It is agreed by both parties to this MOU that management
officials play a special role in achieving equal
opportunity in selecting, training, promoting, and
disciplining employees. The parties hereto will work in
partnership with the Personnel Department to ensure full
compliance with the letter and spirit of all applicable
local, state, and Federal laws, rules and regulations
governing equal opportunity and with the Affirmative
Action Program and Sexual Harassment Policy of the City
of Santa Monica which are incorporated by reference
herein. Both parties acknowledge that progress in
meeting affirmative action goals and the maintenance of a
harassment-free work environment are appropriate
indicators of performance of an employee sUbject to this
MOU.
Definitions
The fOllowing definitions are to be applied in the
interpretation of this MOU:
A. "Salary Range" shall mean the normal five step (A
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position classification within the city work force,
unless changes to the payroll system make a range of
ten steps possible, as described in Section 45 of
this MOU.
B. nSalary Range Steps A through E" for each employment
posi tion classification wi thin the city work force
shall mean and be established to bear the following
percentage relationship to Salary Range step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be in annual
step increments contingent on satisfactory service_
step A - 81% of step E
step B - 85% of step E
step C - 90% of Step E
step 0 - 95% of step E
step E - 100%
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C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is 50 cents or less and the
next higher dollar when the computed amount is 51
cents or more.
D. "Line-item position" shall mean a position which is
(1) specifically itemized in the personnel
schedule of the annual budget of the city of
Santa Monica and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage
of the full-time forty (40) hour week. Other
fringe benefits shall be provided to part-time
employees covered hereunder as if they were
employed on a fUll-time basis.
E. "Permanent Employees" shall mean:
( 1) A person who is legally an incumbent of a
line-item position, full or part-time; or
(2) A former incumbent of a line-item position on
authorized leave of absence from a regularly
budgeted position which position is held
pending the employees return.
The term "permanent employee" shall not be construed
to imply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to his or her status under the Municipal Code and
City Charter and applicable state law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City of
Santa Monica , either by original employment,
re-employment or promotion. The date of entrance
for employees with broken service shall be
considered as the date on which the last unbroken
service was effective.
G. "Satisfactory Service" shall mean the attainment of
an overall rating not less than "Competent" on the
performance report associated wi th the employee's
most recent date of entrance anniversary.
H. "Full-Time Work Week" shall mean forty (40) hours.
(l) Incumbents of line-item positions employed in a
work week less than that defined as the
full-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
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1.15
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budgeted for that position bears to the
full-time work week; incumbents of line-item
positions employed in a work week greater than
that defined as the full time work week shall
be compensated for hours in excess of the
full-time work week on the basis of and in
accordance with the provisions of the article
hereof relating to overtime.
(2) Incumbents of line-item positions regularly
working less than the full-time work week shall
accrue vacation, sick leave and other time off
in the same ratio as the average number of
hours they work per week is to the full-time
work week for the position occupied. Other
fringe benefits shall be provided to part-time
employees covered hereunder as if they were
employed on a full-time basis.
I. "pay" shall mean compensation for regular hours
worked, sick leave, vacation, bereavement leave,
hol idays , management leave days, compensatory time
off and/or jury duty.
J. t1In Pay Statust1 shall mean earning pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month in which an employee has been in pay
status for eleven or more working days.
L. "Base Rate" shall mean the hourly rate for the
employee's salary step excluding any special
assignment, bonus pays or other compensation.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
ci ty for any overpayment of wages or benefits. Said
reimbursement shall not be required until the city
notifies the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following
overpayment notification, or by other reasonable
re-payment method mutually acceptable to the employee and
the City, except that the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee.
Payments at Termination
When permanent employees covered hereunder leave the
service of the City of Santa Monica they shall be
entitled to lump-sum payoff of vacation leave and unused
Supervisory Bonus days only. No claim shall be made
against the city for the use or payment of compensatory
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time or unused sick leave, nor shall the effective date
of termination be extended by the use of compensatory
time, sick leave, vacation or other leave days.
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ARTICLE II: COMPENSATION
2.01
Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes to the salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
2.02 Salaries
Salaries of city employees in line-item positions shall
be on a monthly rate, paid on a hi-weekly equivalent
basis. In lieu of the bi-weekly equivalent to a monthly
rate, the city Manager may fix the compensation of any
position at an hourly rate. In positions for which the
work week is forty (40) hours, the hourly rate shall be
determined by dividing the bi-weekly rate by 80.
A. Effective July 1, 1987, the E-step salaries of
employees covered herein shall be as follows:
Auditorium Operations Supervisor
Recreation Supervisor
Cemetery Superintendent
Traffic operations Superintendent
street Maintenance Supervisor
PFM Superintendent
Recycling Coordinator
Cultural Arts Administrator
Assistant City Clerk
Assistant Building Officer
Solid Waste Management Superintendent
Water/Wastewater Superintendent
Senior Administrative Analyst
Transit operations Supervisor
Collections Manager
Cable T.V. Manager
Electrical Facilities Superintendent
Fleet Maintenance Superintendent
Labor Relations Manager
pier Manager
Recruitment and Selection Manager
Purchasing Agent
Recreation superintendent
Administrative Water Engineer
Administrative Services Officer
Transportation Maintenance Manager
Assistant City Librarian
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2,987
3,217
3,297
3,297
3,465
3,465
3,465
3,465
3,465
3,640
3,733
3,733
3,733
3,824
3,824
3,920
4,019
4,019
4,019
4,019
4,019
4,019
4,109
4,118
4,222
4,222
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Comm. & Neighborhood services Manager
Economic Development Manager
Revenue Mgr./City Treasurer
Park Superintendent
Housing Program Manager
Systems Development Manager
Technical services Manager
Maintenance Manager
city Parking & Traffic Engineer
Assistant Director Transportation
utilities Manager
Assistant Director of Finance
Assistant Director General Services
City Engineer
4,436
4,436
4,436
4,436
4,436
4,436
4,436
4,660
4,777
4,777
4,896
5,145
5,274
5,326
B. Effective July 1, 1987, the above-stated E-step
salaries of employees covered herein shall be
increased by three percent (3%).
c. Effective January 1, 1988, the E-step salaries of
employees covered herein shall be increased by two
percent (2%).
D. Effective July 1, 1988, the E-step salaries of
employees covered herein shall be adjusted by the
percentage increase in the revised Consumer
Price Index (CPI) for Urban Wage Earners and
Clerical Workers, 1967=100, for Los Angeles-Long
Beach-Anaheim metropolitan area, pUblished by the
Department of Labor Bureau of Labor statistics;
provided, however, that said percentage increase
shall be not less than five percent (5%) nor
greater than nine percent (9%). said percentage
shall be computed on the CPI for April 1988
compared with the CPI for April 1987.
2.03
overtime
When employees covered herein work more than forty hours
in one week, they shall accrue compensatory time on an
hour for hour (straight time) basis to a maximum of forty
hours. When employees have accrued forty hours of
compensatory time, they shall be paid on an hour for hour
basis at the straight time base rate so long as forty
hours of compensatory time remains unused. When accrued
compensatory time drops below forty hours, overtime shall
again be compensated by hour for hour accrual until the
forty hour maximum is again reached.
All overtime must have the prior approval of an
authorized management officiaL Situations in which an
employee accrues more than 125 hours of overtime in any
one fiscal year may be subj ect to review by the Ci ty
Manager.
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If an employee has made a good faith effort to use
accrued compensatory time before the end of the fiscal
year, and if the Department Head certifies by letter
accompanying the final timecard of the fiscal year that
compensatory time could not be used due to press of
business, the employee shall be paid the straight time
value of the accrued time at the employee's base rate.
If no good faith effort has been made, the compensatory
time shall be forfeited with no compensation.
2.04
promotional pay Rate
If a permanent employee covered herein is promoted and
his or her salary is equal to or greater than the
entrance salary of the promotional classification, the
employee'S salary shall be increased to the next higher
salary rate which provides a minimum 5% salary increase,
provided, however, that in no event shall the salary rate
exceed the maximum salary rate for the new
classification. In the event the promotion is to a
supervisory position, the employee promoted shall receive
not less than the next higher salary rate which provides
a minimum 5% increase above the highest salary rate being
paid to any subordinate, provided, however, that in no
event shall the salary rate exceed the maximum salary
rate for the new classification.
2.05
Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee I s salary may be Y-rated. nY-rated"
shall mean the maintenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rate salary. Any
MTA member whose position is abolished shall be demoted
to the highest position under the members' supervision
for which he/she qualifies and SUbject to the nY-Rating"
provisions above.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health and Dental Insurance
Between July 1, 1987 and June 30, 1988, the City agrees
to pay a maximum of $2l4 per month toward the cost of
medical insurance for employees and eligible dependents.
The City guarantees that the $214 per month will be
sufficient to provide employee-only health coverage. For
those employees participating in the Prudential Health
Care System, eligible dependent coverage payable by the
employee will be limited to $5 per month for one
dependent and $15 per month for two or more dependents.
Effective July 1, 1988 to June 30, 1989, the City agrees
to pay a maximum of $253 per month toward the cost of
medical insurance for employees and eligible dependents.
For this period, the City guarantees that the $253 per
month will be sufficient to provide employee-only health
coverage.
Dental insurance shall be provided at no cost to the
employee.
3.02 Retirement
The city is a contract member of the Public Employee's
Retirement system, and it is understood and agreed that
such membership will be maintained and that employee
eligibility classification, contribution, and benefits
are as prescribed in the contract between the City and
the public Employee's Retirement System heretofore
approved by the City Council. The city shall continue
to pay on behalf of each permanent employee covered
herein one hundred percent (100%) of the individual
employeele share of the required retirement contributions
to PERS [seven percent (7 %) of the employee I s
"compensation" as defined by PERS legislation] for the
term of this MOU.
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
such payments; as a result, the City will not treat these
payments as ordinary income and thus, will not withhold
federal or state income tax therefrom. The City's
practice will be to report these payments as being those
of the employees so that they will be credited to the
particular employee's individual account with PERS and
upon termination will belong to the employee.
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It is agreed that if state and/or federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
3.03 Tuition Reimbursement
city will budget annually sufficient funds to provide
each permanent line-item employee of the MTA tuition and
required study ~aterial reimburse~ent for career
improvement or job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Reimbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, provided however, that:
A. The maximum annual amount of reimbursement per
individual employee shall not exceed one thousand
dollars ($1000).
B. The course of study must be approved in advance by
authorized department officials and the Personnel
Director.
C. The course must be directed to qualifications for an
employment position represented in the city work
force or to enhancement of current job skills.
D. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completion of the study course if that
was the reason for the course.
E. Reimbursement shall be made upon successful
completion of the pre-authorized course and upon
presentation of receipts and proof of satisfactory
course completion.
F. In no event shall the City's reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from any outside
source, plus the normal City reimbursement, exceeds
the cost of tuition and study material for the
approved study course.
G. Only employees who have completed a probationary
period with the City shall be eligible for this
program.
H. Courses for which tuition reimbursement will be made
must be taken on the employee's time or on
authorized vacation leave.
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3.04
3.05
3.06
3.07
3.08
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Deferred Compensation
Each employee covered herein will be offered
participation in the City's deferred compensation plan.
The city agrees to contribute to the plan, the amount the
participating employee is contributing to the plan on his
or her behalf, but not to exceed fifty ($50) dollars per
month for any participating employee. Effective January
1, 1988, the city's contribution for participating
employees will be increased to seventy-five ($75) dollars
per month.
Mileage Reimbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automobiles on City
business shall be at the rate authorized by the city
Council. Reimbursement rates will be considered in
preparing budget recommendations at least every two
years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered hereunder who submits, on the City form,
a record of his/her trips (home to worksite, or worksite
to home) during the preceding month. The Santa Monica
Municipal Bus Line Route number and the Bus number used
for each trip must be entered on the reimbursement form.
Any employee who has not been issued a City parking pass1
or who voluntarily turns in his/her parking pass, shall
be eligible to receive forty (40) tokens per month under
the terms described above.
Mental Health Insurance
The city agrees to maintain mental health insurance
similar to the California Psychological Health Plan
(CPHP) for permanent employees covered herein and
eligible dependents, at no cost to the employee.
Term Life Insurance
The City agrees to maintain at no cost to the employee a
term life insurance plan for permanent employees covered
herein, with individual coverage of not less than
$25,000.
Long Term Disability Insurance
The City agrees to maintain a long term disability plan
for permanent employees covered herein, at no cost to the
employee. Coverage shall be maintained under current
terms. The maximum salary upon which benefits are
calculated shall be $6667 per month.
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3.09
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Recognition Of Exceptional Performance
Exceptional performance beyond the established goals and
objectives for employees covered herein, may result in a
cash performance incentive of one percent (1%:) to ten
percent (10%) of the employee's annual salary for the
past fiscal year. Such payments shall be regarded as
one-time bonuses and shall not become part of the
employee's base rate. They are subj ect to retirement
contributions. Employees below the liE" step of the
salary range may receive a merit step increase or a cash
bonus for exceptional performance, but may not recei ve
both in a given contract year.
A merit pool, not to exceed 4% of the base salaries of
employees covered herein shall be established annually
from which any and all such payments shall be made.
Nothing herein shall be construed as requiring that all
pooled funds be distributed in any year.
The program procedures shall include, at a minimum, that
Department Head recommendations with appropriate
justification, be forwarded to the City Manager by July
20 of each year and that the City Manager and Personnel
Director review the Department recommendations for
consistency and resolve resource problems if the
recommendations total more than the available funds by
July 31. The final recommendations of the city Manager
will be made and communicated to the employees and their
Department Heads during the first week in August and
payment shall be made by August 31.
If, in the opinion of the city Manager, no cash payment
is warranted by an employee's performance, the employee
shall have the opportunity to present, within ten days of
notification that no payment is due, additional
information that might alter the City Manager's decision.
The decision of the City Manager, after consideration of
any such additional information, shall be final and no
appeal may be taken therefrom. The amount of payment is
not subject to appeal.
It is expressly understood and agreed that the
performance incentive payments described in this Section
do not constitute a generally granted increase under
Section 1100 of the City Charter and Section 2l05E of the
Santa Monica Municipal Code and that denial of such
payment does not constitute a demotion.
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3.10
3.11
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Performance Based Increases
If during the term of this MOU, the payroll system has
been changed by the City to provide for a ten-step salary
range, the range adopted shall be as follows:
II All
"AlII
"B"
"BllI
tiC"
IIC1"
"DlI
"01"
80.0% of step liE"
82.5% of step "E"
85.0% of step "E"
87.5% of step "E"
90.0% of step "E"
92.5% of step "E"
95.0% of step "E"
97.5% of step "E"
steps "Al", IIB111, "Cl", and "Dl" shall be referred to as
"interim steps".
Normal progression through the range shall be as provided
in section 15, "Effect of Job Performance On Salary." On
an employee's anniversary date, the Department Head may
elect to grant an increase to an interim step, rather
than to the next full step, if performance is rated
Improvement Needed or unacceptable. A Department Head
may elect to grant an increase of one full step plus one
interim step on the employee's anniversary date if
performance is rated above average or better. In no
event may such increases exceed the "E" step of the
salary range for the employee's classification.
Sick Leave Buy Back
Employees who are eligible for participation in the
payoff option as described below who previously elected
to accumulate unlimited sick leave have had the option of
electing the payoff option. Future hires shall make
their selection at the time they first become eligible to
elect payoff. Once an employee makes his/her decision to
accumulate unlimited sick leave or to participate in the
payoff program and limit accumulation to 130 days, the
decision is irrevocable.
Employees covered herein have two optional sick leave
programs to choose from. Because the choice is one-time
and irrevocable employees should carefully consider their
long and short term needs in arriving at a choice. The
two programs are as follows:
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A.
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Program I - the employee has the annual option
paid for certain unused sick leave on the
noted below or to "bank" unused sick leave
maximum accumulation of one-hundred-thirty
(130) .
to be
terms
to a
days
Payment at the employee's base rate for the fiscal
year during which the sick leave was earned but not
used shall be made only to employees on the payroll
as of June 30 of that fiscal year. To qualify for
payment an employee must have a sick leave "bank" of
12 days. For the purposes of this section, "bank"
shall mean sick leave earned in prior years and
reported in the "Sick Leave Balance Brought Forward
from prior contract Year" column of the "Vacation,
Sick Leave and Compensatory Time" report issued by
the Finance Department at the beginning of the
fiscal year during which payable sick leave is
earned.
Annual sick leave payoffs under this section for
employees with less than ten (lO) years of service,
shall be made according to the following schedule:
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Sick Leave Days Used
In the Fiscal Year
sick Leave Days Payable
At Fiscal Year End
o
1
2
3
4,
5
6 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this section for
employees with ten (10) or more years of service
shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
o
1
2
3
4
5
6
7
8
9
lO
11
12 or more
12
11
lO
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the
use of code 40 or other time off not appropriately
scheduled in advance will disqualify an employee
from eligibility for payment under this section.
sick leave for which payoff is received shall be
considered "used" in that it will not be added to
the "bank" (or if added to the "banktl prior to the
payoff date shall be removed from the "bank").
Sick leave payoffs under this section shall be made
by separate check by the end of July following the
fiscal year in which the payable sick leave was
earned.
B. Program II - The employee has no option for pay for
unused sick leave and "banks" unused sick leave
with no limit or maximum accumulation.
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ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered hereunder shall receive paid holidays
as provided below:
New Year's Day - January 1
Martin Luther King's Birthday - Third Monday in
January
Lincoln's Birthday - February 12
WaShington'S Birthday - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday in November
The Friday Following Thanksgiving Day
The Half-Day Immediately Before Christmas Day
Christmas Day - December 25
The Half-Day Immediately Before New Year's Day
One Floating Holiday
All Other Holidays Declared by the city council
A Floating HOliday becomes available at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year may be paid to the employee if the
employee enters the day on his/her final timecard for the
fiscal year. Failure to take the floating holiday or to
put the holiday on the last timecard for the fiscal year
shall constitute a forfeiture by the employee.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if it falls
on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Employees in departments or divisions observing different
holiday schedules shall, in lieu of holidays listed
above, receive holidays enjoyed by other operating
employees in that department or division, provided,
however, that the same number of holidays (l2) shall be
observed.
4.02
vacation Leave
Employee'S covered herein shall accrue vacation leave
with the pay on the following basis:
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A. Following completion of the first six calendar
months of continuous service, six (6) working days.
B. Thereafter, up to and including five completed years
of service, one (1) working day for each completed
calendar month of service.
c. Thereafter, up to and including ten completed years
of service, one and one-quarter (1.25) working days
for each completed calendar month of service.
D. Thereafter, up to and including fifteen completed
years of service, one and one-half (1.5) working
days for each completed calendar month of service.
E. Upon completion of fifteen years of service and
thereafter, one and three-quarters (1.75) working
days for each completed calendar month of service.
F. Employees are expected to take their vacation each
year. An employee who has accrued vacation to the
maximums prescribed herein may be required to take
vacation leave in order to reduce the accumulation
balance. The scheduling of vacation shall be
according to department or division policies and
contingent on the service needs of the department.
If an employee is denied the time off required to
maintain a vacation balance below the maximum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensation.
G. Accrual of vacation leave shall not exceed forty
days.
4.03
H. Except as provided herein, the administration or
application of vacation leave provisions and the
limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil service
provisions of the Santa Monica Municipal Code.
sick Leave
A. The use of siCk leave shall be defined as in Section
2l04I of the Santa Monica Municipal Code, hereby
incorporated as if set forth in full herein, except
as follows:
SiCk leave shall be defined as absence from
duty because of the employee's illness or
off-the-job injury, exposure of the employee to
contagious disease as evidenced by
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4.04
4.05
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certification from an accepted medical
authori ty , or medical or dental appointments
of the employee which could not be scheduled
during non-work hours, with proper advance
notification to the department head.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that
permanent part-time employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the position bears to the full-time
work week:
Following the completion of the first
calendar months of continuous service, six
working days.
(2) Thereafter, one (l) working day for each
completed calendar month of service.
( 1)
six
(6)
c. The foregoing benefits are cumulative subject to the
following restrictions:
(l) No more than one-hundred thirty (130) working
days may be applied against sick leave for any
one illness.
(2) Accrual of sick leave shall be limited to one
hundred and thirty (130) working days, unless
the employee has selected the option of
unlimited accumulation provided for in 3.11 (B)
above.
D. Any employee who is absent because of sickness or
other physical disability shall notify his/her
department head or other immediate superior officer
as soon as possible but in any event in accordance
with department rules and regulations.
Leave of Absence Without Pay
A permanent employee covered herein may be granted a
leave of absence without pay upon application approved by
the Department Head and the city Manager. Such leave may
not exceed one year's time. Upon expiration of the
leave, the employee shall be reinstated to the position
held before the leave was granted. Such leave shall be
granted only in those cases where an employee's record of
service and qualifications make it desirable for the
city to retain the employee's services even at the cost
of some inconvenience to the City.
Military Leave
The city will observe the Military leave requirements of
state and Federal law.
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4.06
4.07
4.08
4.09
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Worker's Compensation Leave
Employees covered herein hired by the City on or before
June 30, 1985, receiving disability payments under the
Workers' Compensation Act of California shall receive the
difference between the disability payments under the Act
and full salary during the first ninety (90) days of such
disability absence.
Employees covered herein hired by the City on or after
July 1, 1985, shall be entitled to only those Workers'
Compensation benefits specified under state law and shall
receive no salary from the city during a leave for
injuries covered by the Workers' Compensation Act.
Jury Duty
Any permanent employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom, shall receive the regular pay less all jury
fees received excluding mileage, for the time required to
be spent under the jurisdiction of the court. Each
employee receiving a notice to report for jury service
shall immediately notify his/her immediate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Employees covered herein may be required to provide proof
of jury service to receive jury duty pay.
Bereavement Leave
Bereavement Leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
meaning spouse, child, brother, sister, parent,
step-parent, step-brother, step-sister, parent-in-law,
son-in-law, daughter-in-law, grandparent, grandchild or
any relative living in the same household.
Management Leave
The City agrees to grant each permanent employee covered
herein with less than fifteen (15) years of service, four
(4) management days off with pay in partial recognition
of their managerial and sensitive role in
employer-employee relations. A fifth (5th) management
leave day shall be granted to all covered employees with
fifteen (15) or more years of service. Management days
shall be earned in increments effective at the close of
each three (3) month period. The fourth and fifth days,
shall be earned in the last quarter of the contract year.
Payment equivalent to the employee's basic salary not to
exceed three (3) management days shall be payable to the
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employee upon request of the employee on the first payday
following the end of the fiscal year. Any remaining
unused management days shall be forfeited.
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5.01
ARTICLE V: WORKING CONDITIONS
5.02
Safety and Loss Prevention
The City shall provide a reasonably safe and healthy
working environment in accordance with applicable state
and Federal laws, rules and regulations. MTA agrees that
where safety devices or items of protective equipment are
required or furnished, their use shall be mandatory.
Both parties recognize the role that management officials
play in loss prevention and safety and agree that
measures of loss prevention and safety are appropriate
indicators of performance of an employee subject to this
MOU.
It is mutually agreed that a representative of MTA may
attend meetings of the Administrative Safety Committee
when, in the opinion of such representative, a safety
hazard exists which should be considered by the
Administrative Safety Committee.
Effect of Job Performance on Salary
Normal placement on entry shall be at he "An step of the
salary range and advancement through the range shall
normally be to "B" at one year of employment, "c" at two
years of employment, "DII at three years of employment and
liE" at four years of employment.
The City Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a result of
an UNACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the UNACCEPTABLE rating has
been improved to at least the COMPETENT level. If
overall performance is rated UNACCEPTABLE, the employee
may be dismissed from service, and if two consecutive
performance ratings are marked UNACCEPTABLE, employee
shall be dismissed by appointing authority for
inefficiency (SMMC Section 2104Al). Any overall rating
in the IMPROVEMENT NEEDED category may delay the next
scheduled salary step increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least
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the COMPETENT level.
5.03 Employee Parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for city
employees at City facilities. It is expressly understood
that this agreement is not made in perpetuity but,
rather, for the term of this contract.
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductions
It is mutually understood and agreed that the city will,
subject to the provisions of Ordinance 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization recognized employee organization
dues 1 credi t union investments or payments 1 health and
hospitalization insurance premiums, and life and accident
insurance premiums. Any or all of such payroll
deductions are sUbject to termination by the City Manager
upon twenty-four (24) hours notice for failure to comply
with the provisions of this MOU.
6.02 Reasonable Notice
It is mutually understood and agreed that a copy of the
City Councilor Personnel Board agenda for each meeting
mailed, by u.s. Mail, to the authorized representative of
MTA shall constitute reasonable written notice, and
notice of an opportunity to meet with such agency, on all
matters within the scope of representation upon which the
city Councilor Personnel Board may act.
6.03 Grievance and Complaint policy
A grievance is a complaint by one or more employees
concerning the application or interpretation of the MOU,
ordinances, resolutions, policies, practices or
procedures affecting the employee's wages, hours and/or
working conditions provided, however, that grievances
regarding disciplinary actions must be lodged by the
employee being disciplined and that appeals arising from
suspensions, demotions and removals shall be subject to
the procedures outlined in section 210GB et seq. of the
Santa Monica Municipal Code, and that complaints
regarding Performance Evaluations shall be subject to the
procedures contained in Section 2l04A of the Municipal
Code.
The City agrees that employees shall be afforded all due
process rights provided in applicable law.
The MTA agrees the rights of probationary employees are
limited to those provided under the Santa Monica
Municipal Code or city Charter.
step 1.
The aggrieved employee (s) shall meet with the
immediate supervisor regarding the grievance,
which must be stated in writing, specifically
citing the MOU provision, ordinance,
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resolution, rule, policy, practice or procedure
that is the subject of the grievance and the
circumstances giving rise to the grievance
within thirty (30) days of the event giving
rise to the grievance.
step 2.
If the grievance is not resolved by the end of
the employee I s third regularly scheduled day
following the day on which presentation of the
grievance to the immediate supervisor occurred,
the employee may, within five regularly
scheduled days thereafter appeal to the second
level supervisor, if any.
step 3.
If the grievance is not resolved by the end of
the employee's fifth regularly scheduled day
following presentation of the grievance to the
second level supervisor, if any, the employee
may, within five regularly scheduled days
appeal to the Department Head. The Department
Head shall meet with the employee and the
employee's representative to attempt to resolve
the grievance.
If the grievance is not resolved by the end of
the employee's tenth regularly scheduled day
following presentation of the grievance to the
Department Head, the employee may, within five
days, appeal to the Personnel Director, who
will investigate the grievance and make
recommendations to the city Manager, whose
decision shall be final. The decision of the
City Manager shall be issued no later than the
end of the thirtieth day following presentation
of the grievance to the Personnel Director.
It is mutually understood and agreed that:
step 4.
A. All time periods in this section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the MTA within thirty
(30) days of the incident giving rise to the
grievance or within thirty days of its effect upon
the employee in those instances where it is shown
that the employee could not reasonably have known of
the grievable action.
c. Employees shall have the right to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
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2.
Employees may designate a member of
Department or of MTA to represent them
grievance matters at steps one (1) and two
of the grievance process.
the
in
(2)
3. Employees may designate a member of the
Department, an MTA representative, or a legal
representative to represent them in steps three
(3) and four (4) of the procedure.
4. For the purposes of this section, "days" shall
mean regularly scheduled work days of the
employees in the affected department or
division.
Reasonable time off without loss of
benefits shall be given to a grievant
grievance representative to investigate
process grievances, and to witnesses
grievance hearing or meeting held
working hours.
Before performing any grievance work, MTA
representatives, the grievant or witness shall
obtain permission from the immediate supervisor and
shall report back to work when the grievance work is
completed. Neither the grievant nor representative
nor witness shall interrupt or leave work if the
supervisor determines that such interruption or
absence will unduly interfere with the work of the
employee. However, if the supervisor denies such
time off when requested, time off must be granted
within twenty-four (24) hours of such request.
5.
payor
or MTA
or
in any
during
D. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any way be
coerced, intimidated or discriminated against.
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"Exhibit A"
Classifications subject to the MOU shall be
as follows:
Administrative services Officer
Administrative Water Engineer
Assistant Building Officer
Assistant City Clerk
Assistant city Librarian
Assistant Director of Finance
Assistant Director of General Service
Assistant Director of Transportation
Auditorium operations Supervisor
Cable T.V. Manager
Cemetery superintendent
City Engineer
city Parking and Traffic Engineer
Collections Manager
Community and Neighborhood Services Manager
Cultural Arts Administrator
Economic Development Manager
Electrical Facilities Superintendent
Fleet Maintenance Superintendent
Housing Program Manager
Labor Relations Manager
Maintenance Manager
Parks Superintendent
pier Manager
Public Facilities Maintenance Manager
purchasing Agent
Recreation Superintendent
Recreation supervisor
Recruitment and selection Manager
Recycling Coordinator
Revenue Manger/city Treasurer
Senior Administrative Analyst
Solid Waste Management Superintendent
street Maintenance Superintendent
Systems Development Manager
Technical Services Manager
Traffic Operations Superintendent
Transit Operations Supervisor
Transportation Maintenance Manager
utilities Manager
Water and Wastewater superintendent
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.
.
IN WITNESS WHEREOF,the parties hereto have caused this
Memorandum of Understanding to be executed this day
of , 1987.
d1:N~Z~
.- - . H ~n 1 President
MANAGEMENT OFFICIALS
CITY OF SANTA MONICA
r/l'l'~'
JO~t1J l.
City Manager
~~
L-.--Don~
APPROVED AS TO FORM:
~~~
Robert M. Myers U
City Attorney
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