R-7469
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RESOLUTION NO. 7469(CCS)
(CITY COUNCIL SERIES)
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the City Administration and representatives of
the Municipal Employees Association 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 city and the Municipal Employees
Association;
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 Municipal Employees
Association, a copy of which is attached hereto.
section 2. The City Clerk shall certify to th~ adoption
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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, t1attreson)
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Adopted and approv
day of July, 1987.
I hereby certify
III It!
(V~V
th~ foregoing
Mayor
Resolution No. 7469(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on July 14, 1987 by the following
council vote:
Ayes: Councilmembers: Jennings, A. Katz, H. Katz, Reed,
Zane, Mayor Conn
Noes: councilmembers: None
Abstain: Councilmembers: Finkel
Absent: Councilmembers: None
ATTEST:
, tU~
lct~~ ~~e:k ""
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND _
MUNICIPAL EMPLOYEES ASSOCIATION
...
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
ARTICLE I: GENERAL PROVISIONS
( 1)
( 4)
(13)
( 2)
( 5)
( 3)
( 6)
( 8)
( 7)
(10)
(19)
(12)
(18)
(17)
1.01 Parties to Memorandum.........................
1 . 02 Purpose......."""."".....""....".."""".".".......
1.03 Term of Agreement.............................
1. 04 City Council Approval.........................
1.05 Recognized Employee Association Name..........
1.06 Full Understanding, Modification, & Waiver....
1.07 Management Rights Reserved....................
1.08 Peaceful Performance of City Services.........
1.09 Validity of Memorandum of Understanding.......
1.10 Captions for Convenience......................
1.11 Non-Discrimination and Equal Employment.......
1. 12 Def ini tions" . .. . . . . " . . " . . . . . . .. .. " . . . . . . . .. . . . . . . "
1. 13 Overpayment Remedy............................
1.14 Payments at Termination.......................
ARTICLE II: COMPENSATION
PAGE
3
3
3
4
4
4
5
5
6
6
6
7
9
9
(29) 2.01 Effective Date of Pay Increase................ 10
(50) 2.02 Salaries ..................................... 10
(32) 2 ,,03 Overtime..........."""......"..""..".""""........ 11
(55) 2.04 Night Shift Differential...................... 11
(56) 2.05 Call-Back Pay................................. 12
(52) 2.06 Skill Pay...................................... 12
(54) 2.07 Pay for Training.............................. 14
(53) 2.08 Pay for Serving in Higher Classification...... 14
(27) 2.09 Promotional Pay Rate.......................... 15
(26) 2.10 Y-Rating...................................... 15
ARTICLE III: SUPPLEMENTAL BENEFITS
(36) 3.01 Health and Dental Insurance................... 16
(33) 3.02 Retirement.................................... 17
(34) 3.03 Tuition Reimbursement......................... 18
(35) 3.04 Deferred Compensation......................... 20
(57) 3.05 Uniform Allowance............................. 20
(58) 3.06 Mileage Allowance............................. 20
(38) 3.07 state Disability Insurance.................... 20
(41) 3.08 Sick Leave Buy Back .......................... 20
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ARTICLE IV: LEAVES
(39)
(40)
(41)
(48)
(44)
( 46)
(45)
(43)
(42)
( 49)
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
Paid Holidays.. III . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . '" .
Vaca tion Le.ave.. III . . . . . . . ,. . . . . . . . . . . . . . . II " ..... . . .
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Sick Leave....""......"................... '" . . III III III III III III .
Leave of Absence Without pay................~.
Mil i tary Leave......... III . . . " II . II III . . III " II .. . . . . . . . .
Workers' Compensation Leave...................
Jury Duty............."........."..............
Berea"eInent Lea"e.............................
Urgent Personel Leave.........................
Parental Leave........................... III . . . . . . .
ARTICLE V: WORKING CONDITIONS
23
24
24
26
26
26
26
27
27
27
( 2 0 ) 5 . 01 Sa f e ty. . . . . . . . . . . . . . . .. . . .. III " . . . . III . . . . . . . . . . . . . . 28
(28) 5.02 Effect of Job Performance on Salary........... 29
(30) 5.03 Effect of Reassignment/Recertification on
Bonus/ Skill Pay............................... 29
(21) 5 . 04 Employee Parking.............................. 29
(22) 5.05 Personnel Files............................... 29
(23) 5.06 Job Sharing................................... 30
(24) 5.07 Work Schedules................................ 30
(37) 5.08 Energy Conservation........................... 31
(16) 5.09 Clerical Classification Revision.............. 31
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
(9) 6.01 Payroll Deduction............................. 32
(11) 6.02 Reasonable Notice............................. 32
(14) 6.03 Association Security.......................... 32
(47) 6.04 Time-Off for Association Business............. 32
(15) 6.04 Notification of New Hires..................... 33
(25) 6. 05 Child Care.................................... 33
(31) 6.06 Grievance and COInplaint Procedure............. 33
EXHIBIT A REPRESENTED CLASSIFICATIONS
EXHIBIT B -- PERFORMANCE EVALUATION FORMS
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ARTICLE I: GENERAL PROVISIONS
1.01.
1.02
1.03.
parties to Memorandum
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This Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance 801 (CCS) of the city
of Santa Monica, whose lawful provisions are hereby in-
corporated by reference as if fully set forth herein, and
has been executed by the City Manager on behalf of the
City and by the Municipal Employees Association, Profes-
sional Administrative, Clerical, and Technical
(hereinafter MEA), on behalf of employees occupying the
line-item position classifications set forth in Exhibit
A which is attached hereto and made a part hereof.
In the event new job classifications are created the
Municipal Employee Relations Officer wil notify MEA prior
to Personnel Board and city council consideration of the
new classification specifications. No classifications
currently represented by MEA shall be excluded from the
unit during the term of this MOU except by mutual
agreement.
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 memoran-
dum, 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 representa-
tion for employees represented by MEA.
Term of Agreement
This Agreement shall be effective as of the 1st day of
July 1, 1987 and shall remain in full force and effect
until June 30, 1989. It shall be automatically renewed
from year to year thereafter unless either party shall
notify the other in writing not later than March 1st of
1989 and of each subsequent year that it desires to ter-
minate or modify this agreement, and specifically indi-
cate requested modifications. In the event that such
notice is given, negotiations shall begin no later than
April 15th with a signed contract desired by July 1st.
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1.04
1.05.
1.06
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city Council Approval
This MOU represents the mutual agreement of the parties
on the matters contained herein, but such agree~ent is
not binding on the parties unless or until ratl~ied and
approved by MEA and unless or until ratified by resolu-
tion duly adopted by the City council of the city of San-
ta Monica.
Recognized Employee Association Name
MEA, is hereby acknowleged as the Recognized Employee
Organization representing only the permanent employees
occupying line item position classifications set forth in
Exhibit A (which is attached hereto and made a part
hereof) pursuant to Section 3.04 (c) of Ordinance 801
(CCS). It is the mutual understanding of the parties
hereto that acknowledgement of MEA, as the recognized
employee organization:
A. Does not preclude employees in such position clas-
sifications from representing themselves individual-
ly in their emploYment relations with the city.
B. Does not preclude or restrict the right of manage
ment officials to meet and consult with employees
in such position classifications concerning their
emploYment relations with the city.
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 within the scope of representation as
outlined in Section 2.05 of Ordinance No. 801 (CCS).
This MOU constitutes the full and complete agreement of
the parties and there are no others, oral or written,
except as specified in this agreement. Each party, for
the term of this MOU, specifically waives the right to
negotiate for changes herein, and agrees that the other
shall not be required to negotiate for changes herein,
whether or not the subjects were known to the parties at
the time of execution hereof as proper subjects within
the scope of representation as outlined in Section 2.05
of Ordinance 801 (CCS).
The wages, hours of work and other terms and conditions
of emploYment covered by this MOU, including those wages,
hours of work and other terms and conditions of employ-
ment in existence prior to this MOU although not specifi-
cally referred to in this MOU, shall constitute the
wages, hours of work and other terms and conditions of
employment for the term of this MOU.
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1.07
1.08
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Management Rights Reserved
City retains all rights it had prior to this agreement
except those rights specifically delegated by ~is agree-
ment~ provided that the city shall exercise those,rights
in compliance with applicable state law, the Civil Ser-
vice provisions of the Municipal Code, the City Charter
and the provisions of this MOD.
Peaceful Performance of city services
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 au-
thorized management official.
A. It is further understood and agreed that none of the
parties hereto will participate in or encourage,
assist or condone any strike, concerted work stop-
page, cessation of work, slow-down, sit-down, stay-
away, illegal picketing or any other illegal form of
interference with or limitation of the peaceful per-
formance of city services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, SlOW-down, sit-
down, stay-away, illegal picketing or any other
illegal form of interference with or limitation of
the peaceful performance of City services, the city,
in addition to any other lawful remedies or disci-
plinary actions, may by action of the City Manager
cancel any or all payroll deductions, prohibit the
use of bulletin boards, prohibit the use of City
facilities, and prohibit access to former work or
duty stations.
C. The protection of the public health, safety and wel-
fare demands that neither the employee organization,
nor any person acting in concert with them, will
cause, sanction, or take part in any strike, walk-
out, sitdown slowdown, stoppage of work, illegal
picketing, retarding of work, abnormal absenteeism,
withholding of services, or any other illegal inter-
ference with the normal work routine. The provi-
sions of this article shall apply for the same term
as this agreement, or during any renewal or exten-
sion thereof. Violation of any provision of this MOU
by either party shall be cause to terminate this
agreement, in addition to whatever other remedies
may be available at law or in equity.
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D.
The City agrees that there shall be no general lock-
out of bargaining unit members. Both parties agree
to exercise good faith in complying with all the
terms and conditions of this MOU.
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1.09 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, in good
faith, 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 legisla-
tion, or in any City Charter provision which would be
applicable and contrary to any provision herein con-
tained, then such provision of this MOU shall be auto-
matically terminated, but the remainder of this MOU shall
remain in full force and effect. Such legislation and/
or rules and regulations shall supercede 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.
1.10 captions for Convenience
The captions herein are for convenience only and are not
a part of the MOU and do not in any way limit, define, or
amplify the terms and provisions hereof.
1.11 Non-Discrimination and Equal EmploYment
It is agreed by both parties to this MOU that they will
fully comply with all applicable local, state and Federal
laws, rules and regulations prohibiting discrimination
and governing equal employment opportunity. The Affirma-
tive Action Program and the Sexual Harassment Policy of
the city of Santa Monica are affirmed by both parties to
this MOU and incorporated by reference herein.
Every City employee is expected to respect the dignity of
every other City employee and to refrain from any ac-
tions, including the use of slurs or jokes regarding sex,
age, race, national origin, religion, disability or sex-
ual preference/orientation which could be construed as
harassment. Harassment of fellow employees is a viola-
tion of City policy. No employment decision shall be
made based upon an employee's submission to or rejection
of such conduct. Any employee who believes that s/he is
the victim of such harassment, may file a complaint pur-
suant to the process defined in Section 6.06C of this
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MOU. Complaints of discrimination by an appointed offi-
cial of the city, including the City Manager, City Attor-
ney, or City Clerk, may be made in writing to the City
Council.
Complaints of a sensitive nature, including complaints
involving sexual harassment, may bypass any step of the
standard grievance procedure which -involves a supervisor
or manager whose conduct is the subject of the complaint.
1.12 Definitions
The following definitions are to be applied in the inter-
pretation 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 posi-
tion classification within the City work force.
B. nSa1ary Range steps A through Dn 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 incre-
ments contingent on satisfactory service.
step A - 81% of step E -
step B - 85% of step E -
step C - 90% of step E -
step D - 95% of step E -
step E - 100%
C. "Nearest Dollar" shall Inean the next lower dollar in
a monthly rate when the computed amount is so 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 work week. other
fringe benefits shall be provided to part-time em-
ployees covered hereunder as if they were employed
on a full-time basis.
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E. "Permanent Employeest' shall mean
(1) A person who is legally an incumbent of a
line-item position, full or part-ti~; or
(2) A former legal incumbent of a line-item posi-
tion on authorized leave of absence from a
regularly budgeted position which position is
held pending the employee's return.
The term "permanent employee" shall not be construed to
imply a guarantee of continued employment. However, no
permanent employee shall be denied the right to those due
process protections appropriate to their 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
line-item position in the classified service of the
City of Santa Monica, either by original employment,
reemployment or promotion. The date of entrance for
employees with broken service shall be considered as
that date on which the last unbroken service in the
classification was effective.
G. "Satisfactory Service" shall mean the attainment of
an Overall Performance Rating of not less than
"Satisfactory" on the performance report associated
with the employee's most recent date of entrance
anniversary.
H. "Full-Time Work Week" shall mean (40) hours.
(1) 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 bud-
geted for that position bears to the full-time
work week; incumbents of line-item positions
employed in a work week greater than that de-
fined herein 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 num-
bers 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.
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I. "Pay" shall mean compensation for regular hours
worked, sick leave, bereavement leave, vacation,
holidays, compensatory time off and/or jury duty.
J.
l'In Pay status" shall Dean earning pay.
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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.
1.13
OVerpayment Remedy
1.14
Permanent employees covered herein shall reimburse the
City for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifies the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following over-
payment notification, or by other reasonable re-payment
method mutually acceptable to the employee and the City,
except that lump-sum deduction shall be required if the
next subsequent employee payroll warrant is the final or
termination warrant issued to the affected employee.
Payments at Termination
When permanent employees covered herein leave the service
of the City of Santa Monica they shall be entitled to
lump sum payoff of vacation days only. No claim shall be
made against the City for the use or payoff of compensa-
tory time or unused sick leave, nor shall the effective
date of termination be extended by use of compensatory
time, sick leave or vacation.
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ARTICLE II: COMPENSATION
2.01
Effective Date of Pay Increase
A. All negotiated pay increases and salary related
benefit increases specified in this MOU shall become
effective on the first day of the pay period closest
to the date stated in Section 2.02 hereof, except
that when such date falls on the Sunday in the mid-
dle of a pay period, increases shall become effec-
tive on the first day of the pay period immediately
following said effective date.
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B. Periodic (step or merit) pay increases shall become
effective on the first day of the pay period in
which they are due.
2.02
Salaries
Salaries of permanent employees covered herein shall be
on a monthly rate, paid on a biweekly equivalent basis.
In lieu of the biweekly 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 equivalent shall be
determined by dividing the biweekly rate by 80.
A. Effective July 1, 1987, the E-step salaries of
employees covered herein shall be increased by three
percent (3%).
In addition to the above adjustment, the following
classifications will receive an equity adjustment as
follows:
Community services Officer
Conservation Coordinator
Field Inspector
Systems Analyst
Toxic Chemical Coordinator
5%
5.2%
22%
5%
21%
B . Effective January 1, 1988, the E-step salaries of
employees covered herein shall be increased by two
percent (2%).
C. 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 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,
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said percentage increase shall not be less than five
percent (5%) nor greater than nine percent (9%).
Said percentage shall be computed on Consumer Price
Index for April 1987 compared with April 1988.
2.03
overtime
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Overtime for employees who are regularly assigned to a
five day, 8 hour per day work week and for permanent part
time employees who regularly work less than eight hours
in one day and forty hours in one week shall mean work in
excess of eight hours in one day or forty (40) hours in
one week, provided such hours of work have had the prior
approval of an authorized departmental management offi-
cial. Overtime for employees regularly assigned to a
work day in excess of eight hours or a work week in ex-
cess of forty hours shall mean work in excess of the
regularly scheduled number of hours in one day or in ex-
cess of the regularly scehduled hours in one week, pro-
vided such hours have had the prior approval of an au-
thorized management official. All authorized overtime
shall be compensated for by cash payment based upon one
and one-half (1 1/2) times the hourly rate equivalent of
the employee's monthly salary computed to the nearest
one-tenth of an hour, except that an authorized depart-
mental management official may grant compensatory time
off at the rate of one and one-half (1 1/2) hours off for
such overtime provided that such compensatory time off
can be granted within the current fiscal year. If com-
pensatory time is accrued and not taken by June 30 of any
fiscal year, it will be paid to the employee at the rate
earned.
2.04
In no event may an employee's work schedule be changed to
avoid the paYment of overtime unless the employee ini-
tiates the schedule change.
An employee who is directed to work on a scheduled day
off, shall receive time and one-half (1-1/2) for all
hours worked on that day.
Night Differential Pay
Shift differentials shall be as follows:
A. Thirty cents per hour ($.30) for all hours worked on
the shift for employees whose regular schedule
requires that the employee work at least four hours
between 4:00 p.m. and 12:00 Midnight, SUbject to C,
D and E below.
B. Forty-five cents per hour ($.45) for all hours
worked on a shift for employees whose regular
schedule requires the employee to work at least four
hours between 12:00 Midnight and 7:00 a.m., subject
to C, D and E below.
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C. If any employee qualifies under both A and B above,
provision B shall prevail.
D.
Shift differentials are not applicable when
scheduled hours are compensated as overtime.
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E.
Shift differentials are not applicable when the
employee is working the above hours as part of a
"split shift." "Split shift" is defined as: a shift
of eight (a) or more hours in a single day,
separated by a break of at least three (3)
non-working hours during the shift. Such employees
shall be paid the applicable shift differential,
established in A or B above, only for the hours
actually worked on that shift.
F. If, during the term of this agreement, a higher
night shift differential is provided by the city
council to any other bargaining unit, employees
covered herein shall receive the higher rate.
.
2.05 Call Back Pay
Should the City call back any full-time employee covered
herein before or after her/his normal working hours to
perform work, the City shall pay not less than a minimum
of three hours of pay, regardless of time actually worked
as a resul t of being called back to work to perform
services for the City.
2.06 Skill Pay
The following prov1s1ons exist for added payment for
special work assignments:
A. Registration by state of California Civil
Engineering Assistants, Associates, Plan Check
Engineers and Fire Prevention Engineers receive an
additional $165.00 per month above their base rate
if they receive official registration by the state
of California. such registration must be maintained
by the employees and supplemented by regular, at
least annual, courses in the engineering field of
study, or the bonus will be stopped as of July 1 of
the next fiscal year. Courses which will enable the
employee to meet this requirement are subj ect to
Tuition Reimbursement.
B. ICBO Certificate Building Inspectors, Senior
Building and Housing Inspectors, Senior Electrical
Inspectors, Senior Mechanical Inspectors, and Senior
Plumbing Inspectors, receive an additional $50.00
per month if they receive an International
Conference of Building Officials certificate as a
combination Inspector. Senior Electrical
Inspectors, Senior Mechanical Inspectors and Senior
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c.
Plumbing Inspectors receive an additional $25.00 per
month if they receive a certificate in their
specialty from the ICBO. Employees receiving such
certification must maintain certification to
continue to qualify for the bonus. Such training or
courses are subject to Tuition Reimbursement~
Scuba Dive Pay Whenever the Public Works
Inspector is required to scuba dive in the course of
assigned duties a skill bonus of $45.00 per month
shall be paid for any month during which the
Qmployee has performed such diving. This benefit is
payable only if annual recertification is attained
and if the employee has been assigned to scuba dive.
D. Supervisory Differential A Supervisory
differential of 2.7% shall be paid to employees who
are assigned to regularly supervise other employees
in the same job classification and who are not
covered under the terms of Section 2.07 or 2.08
herein.
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E. Short Hand Bonus -- Where shorthand is determined
to be a bonafide requirement of a position in the
staff Assistant job series, an additional $50.00 per
month shall be included in the compensation of the
individual who holds the position and can take
dictation at 75 words per minute. Recertification of
this shorthand skill may be required from time to
time through examination administered by the
Personnel Department.
F. Typing Bonus -- An employee occupying the Clas-
sification of Staff Assistant 1/ Staff Assistant II,
Staff Assistant III, Staff Assistant IV, Administra-
tive staff Assistant or Transcription Typist whose
typing speed exceeds that required for the position
by 20 words per minute or more shall receive an ad-
ditional $25.00 per month. Recertification of this
skill may be required from time to time through ex-
amination administered by the Personnel Department.
G. Bilingual Bonus -- Qualified employees who meet the
criteria set forth herein shall receive a bilingual
skill pay of $50 per month. To receive bilingual pay
the following criteria must be met:
(1) The employee must be assigned to speak or
translate a language in addition to English.
This may include specialized communication
skills such as sign language.
(2) An employee must regularly utilize such skills
during the course of their duties or upon
request of City management.
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2.07
2.08
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(3) To become qualified, an employee must be
certified as qualified through examination
administered by the Personnel Department.
An employee who has not been certified and qualified
and is not receiving bilingual skill pay will not be
required to utilize this skill except -in an
emergency situation.
If, during the term of this agreement, a
bilingual pay is provided by the City Council
other bargaining unit, employees covered
shall receive the higher rate.
higher
to any
herein
H. Fire Prevention Certification -- Fire Prevention
Inspectors who attain state Fire Marshal
Certification as a Fire Prevention Officer shall
receive an additional $25.00 per month.
Pay For Training
An employee covered herein who is specifically assigned
by the supervisor to train a new employee in the rules,
regulations and procedures of the Department and the
duties of the new employeets position, who may be
expected to communicate the new employee I s progress to
the supervisor, shall receive Training Bonus of $.50/hour
for each hour worked while so assigned provided that the
employee's classification specification does not
reference training or supervision as responsibilities.
It is not the City's intention to avoid payment of this
bonus where appropriate; however, the bonus does not
apply to informal "mentor" relationships which may evolve
between veteran and new employees or to an isolated
request to orient a new employee to a piece of equipment
or a procedure where the task can be accomplished in a
day or less.
Pay For Serving In Higher Job Classification
When, in the determination of the department head, it is
necessary to specifically assign an employee the
significant duties and responsibilities of a higher
classification, the employee so assigned shall be
compensated as follows:
A. If the assignment is temporary due to the vacation,
sick leave or other temporary absence of the
employee in the higher classification, the employee
temporarily assigned shall be paid at the rate of
seventy five (75) cents per hour for all such hours
assigned after the employee works a minimum of two
(2) consecutive work days in the higher
classification assignment, with payment retroactive
to the first day. The City, shall not rotate
employees in and out of higher position
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B.
classification assignments in order to avoid paying
said compensation.
If the position to be filled is vacant and there is
no valid eligible list for the classification, the
Department Head, if he/she has initiated p~9cedures
to fill the vacancy on a permanent basis, may ~ssign
an employee who meets the minimum qualifications of
the vacant position to fill that position on a
temporary detail (acting) basis. The employee shall
receive the salary rate for the vacant
classification, at the lowest salary step which
provides an increase of at least 5% over his/her
current rate of salary. If an eligible list exists
for the vacant position , the Department Head shall
appoint an employee from the eligible list at the
earliest possible date, and the provisions of this
paragraph shall be applicable to the employee
assigned to cover the vacancy in any interim period.
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c. An employee specifically assigned to perform the
duties and responsibilities of a higher
classification may, after twenty working days,
choose to return to the original classification
provided that another qualified employee is
available to serve in the higher classification.
Nothing in this section shall require the City to make
temporary assignments of employees.
2.09 Promotional pay Rate
In the event that the rate of pay for an employee being
promoted is equal to or greater than the entrance salary
of the new position, the employee's salary shall be in-
creased to the next higher rate to that attained in the
former position.
2.10 Y-Rating
When a personnel action, e.g.: demotion due to layoff or
reclassification, results in the lowering of the incum-
bent employee's salary range, the incumbent employee's
salary may be Y-rated. "Y-rated" shall mean the main-
tenance of the incumbent employee's salary rate at the
level effective the day preceding the effective date of
the personnel action placing the employee in a lower sal-
ary 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.
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ARTICLE III: SUPPLEMENTAL BENEFITS
~"'t
3.01
Medical And Dental Insurance
The City agrees to provide medical and dental insurance
coverage for employees covered herein and their eligible
dependents as follows:
A. The City will continue to provide dental insurance
at no cost to the employee.
B. The City will provide health insurance coverage as
follows for fiscal year 1987-88:
1) On a one-time basis only, the City will create
a pool of monies (hereinafter referred to as
"pool") on the basis of $2568 per year per
bargaining unit permanent position.
2) The City acknowledges that as a result of an
insurance fund surplus (from 1985), the amount
of remaining surplus (hereinafter referred to
as "surplus") attributable to MEA as of
July 1, 1987, is $50,724 ($430 times 118* em-
ployees -- *the number of employees enrolled
in the Prudential Indemnity plan as of July 1,
1987).
3) The actual cost of health insurance premiums
for MEA represented employees will be calcu-
lated and paid from the pool.
4) If the actual cost of premiums exceeds the
funds in the pool, the difference shall be
made up with funds from the surplus.
5) Further, the City agrees to use funds in the
surplus to reimburse those employees enrolled
in the Prudential program as of July 1, 1987,
their actual cost of medical deductibles in
excess of $100 per person or family maximum of
$300 where the deductible changed from $100 to
$200 per person and/or from $300 to $500 per
family until June 30, 1988 or until the sur-
plus is exhausted, whichever comes first.
6) If the number of enrolles in the Prudential
plan exceeds fifty per cent (50%) of the total
number of represented employees enrolled in
all health plans, MEA agrees to have each
Prudential enrollee in the plan absorb any
additional cost beyond funds available~ costs
- 16 -
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c.
will be calculated and collected from em-
ployees through payroll deduction.
Effective July 1, 1988, the City agrees to raise its
health insurance "cap" to $253 per month. During
Fiscal Year 1988-89, the City will pay health in-
surance premiums on the basis of actual costs of
individual premiums, subject to the $253 cap. If an
employee chooses a health insurance plan whose pre-
miums exceeds the cap, slhe shall be responsible for
paying the remainder of the premium amount through
monthly payroll deduction and no further entitlement
to funds from the pool or the surplusshall exist to
defer premium costs in the excess of the cap.
D. During fiscal year 1987-88, the City shall employ an
experienced consultant selected in accordance with
Administrative Instruction II-4-l, "Professional
Services AqreementsU, and mutually agreeable to the
City and the Insurance Committee which will meet
periodically and which shall continue to meet to
consider insurance alternatives. The consultant
shall analyze current insurance Offerings and usage
and identify cost control programs for review by the
committee. The committe shall be composed of one
representative from each bargaining unit, a rep-
resentative of the Personnel Department and one
other management official with risk management
responsibilities. MEA agrees to participate in the
work of the committee and provide a representative
who will keep MEA's officers and members informed.
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The City will give substantial weight to the commit-
tee's recommendations in selecting among proposed
alternatives to the present health plans, and will
meet and confer with MEA in good faith prior to im-
plementing any change in insurance coverage. The
work of the consultant and the committee shall be
completed by May 1, 1988, except that the committee
may continue to meet and function after that date as
needed.
The City shall request bids for fee-for-service in-
surance coverage during the course of the commit-
tee's work so that alternatives to the current pro-
vider can be considered.
3.02
Retirement
The City is a contract member of the Public Employee's
Retirement system, and it is understood and aqreed that
such membership will be maintained and that employee
eligibility, classification, contributions, and benefits
are as prescribed in the contract between the city and
the Public Employee'S Retirement System heretofore ap-
proved by the santa Monica City Council.
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3.03
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The City shall continue to pay on behalf of each employee
covered by this agreement an amount equal to the indi-
vidual employee's share of the required retirement con-
tributions to PERS (i.e., 7% of the employee's "compensa-
tion" as defined by law). For the three employees who
were hired as IO Technicians prior to 1963 and wno elec-
ted to be Itgrandfathered" into the Safety retirement sys-
tem, the city shall pay on behalf of these employees an
amount equal to the individual employee's share of the
required retirement contribution to PERS (i.e., 9% of the
employee's Itcompensationlt as defined by law.)
These payments are not increases of salary and no salary
range applicable to any of the affected employes 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 prac-
tice will be to report these payments as being those of
the employee so that they will be credited to the par-
ticular employee's individual account with PERS and upon
termination will belong to the employee.
It is agreed that if state and/or federal procedures re-
quire reporting of these payments in any other manner,
the parties will observe the provisions of Section 1.09
of this MOU.
Tuition Reimbursement And Training
The city and MEA agree that education and training may
enhance an employee's job performance and prepare the
employee for career advancement within the city. To that
end, the city and MEA encourage employees to take ad-
vantage of city-sponsored training programs and of the
tuition reimbursement program that provides an incentive
to take courses on the employee's time.
The employee and her/his supervisor should document ob-
jectives for training and education during the annual
performance review referenced in Section 5.02 herein.
These objectives should form the basis for selection of
specific training seminars and academic or technical
courses during the course of the fiscal year.
In any fiscal year during the term of this MOU, employees
covered herein shall be entitled to training and tuition
reimbursement on the following basis:
A. One City-paid training course supported by perfor-
mance evaluation objectives, to be scheduled at the
Department's convenience during work hours, either
on or off-site.
- 18 -
.
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B.
Notification to employees of special City-conducted
classes held in conjunction with examinations for
non-traditional jobs. These classes may be
scheduled during work or non-work time.
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c.
Reimbursement of up to $1000 per fiscal year for
educational courses supported-by performance evalua-
tion objectives, and related study materials (exclu-
sive of parking, room and board) on the following
basis:
(1) The course shall be certified by the Depart-
ment Head and Personnel Director if it is con-
sistent with the career development objectives
of the employeets most recent performance
evaluation.
(2) The study course must be directed to
qualification for an employment position rep-
resented in the City workforce or to enhance-
ment of the employee's current job
performance.
(3) The employee must exhibit some reasonable ex-
pectation of qualifying for another City posi-
tion upon successful completion of the study
course if that was the reason for enrollment.
(4) Reimbursement shall be made only in install-
ments upon successful completion of prescribed
units of study required by study course
approved.
(5) In the event a portion of the tuition and
study material is paid by an outside source of
aid, the City's reimbursement should be
limited to the difference between the cost of
the course less the amount of outside aid up
to the maximum reimbursement herein provided.
(6) Only employees who have completed their ini-
tial probationary period with the City shall
be eligible for this program.
(7) Courses for which tuition reimbursement will
be made must be taken on the employee's time
or on authorized vacation leave.
D. The City will maintain a computer record of each
employee's training and tuition reimbursement course
completions, which record shall be made available to
the employee for use in making application for other
City positions.
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3.04
3.05
3.06
3.07
3.08
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Deferred Compensation
It is hereby agreed that employees covered herein will be
offered participation in the City'S deferred compensation
plan. ~-.
Uniform Allowance
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A.
Employees covered herein, if required to wear a
uniform and such uniform is not furnished by the
City, shall receive a monthly uniform allowance of
$4:0.00, and shall provide and wear at all times
while on duty the uniform prescribed by their
respective Department Heads.
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B. Upon request the City agrees to furnish and maintain
coveralls to those employees who are required to do
work that may cause damage to their personal
clothing.
C. Except as provided in (A) above, the City will
provide and maintain any required uniform and
employees shall be required to wear such uniforms at
all times while on duty.
Uniform specifications for employees currently covered by
this section will not be changed during the term of this
MOU except by mutual consent of the parties.
Mileage Reimbursement
Reimbursement to employees for authorized use of personal
automobiles on City business shall be at the rate
established by the City Council.
State Disability Insurance
The city shall maintain the state Disability Insurance
coverage in effect at the beginning of this MOU for the
term of this MOU. Said coverage shall be at employee
expense. No integration of sick leave will be provided.
sick Leave Buy Back
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. New
employees shall make their selection at the time they
first becone eligible to select paYOff. The two programs
are as follows:
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A. Program I - the employee has the annual option to be
paid for certain unused sick leave on the terms not-
ed below or to "bank" unused sick leave to a maximum
accumulation of one-hundred-thirty days (130).
.. :i .
PaYment at the employee's base salary for ehe f~scal
year during which the sick leave was earned cut not
used, excluding any special assignment or bonus pay,
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 re-
ported 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 fis-
cal year during which payable sick leave is earned.
Annual siCk leave payoffs under this section for
employees with less than ten (10) years of service,
shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
sick Leave Days Payable
At Fiscal Year End
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
10
11
12 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
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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 sh~l~ be
considered "used" in that it will not be added to
the "bank" (or if added to the "bank" prior to the
payoff date shall be removed from the 'Ibank").
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 herein shall receive paid holidays as
hereinafter provided:
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
The half day immediately before Christmas Day
Christmas Day
The half day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by 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 shall be paid to the employee.
Employees in departments or divisions currently observing
different holiday schedules shall, in lieu of the holi-
days listed above, receive holidays enjoyed by other
operating employees in that particular department or di-
vision, provided however that the same number of holidays
(12) shall be observed.
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 the first, second or third day off of any employee
who has three (3) consecutive days off, the day preceding
shall be deemed the holiday if it falls on the first day
off, and the day following the third day off shall be
deemed the holiday if it falls on the second or third day
off in lieu of the day listed.
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4.01
4.03
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Whenever any day listed herein as a
upon any day off of an employee who
consecutive days off, the following
the holiday for such employee.
paid holiday falls
does not have two (2)
day shall be deemed
"-"'i.
Time worked on an authorized paid holiday shall be com-
pensated for at the hourly rate equivalent of the monthly
salary for the time worked up to and including the number
of hours the employee normally works on any work or duty
day. Such time worked in excess of the hours of the em-
ployee's normal work or duty day, except part-time perma-
nent employees, shall be compensated at one and one-half
times the hourly rate equivalent of the monthly salary.
vacation Leave
Each employee covered herein shall accrue vacation leave
with pay on the following basis, provided that permanent
part-time employees shall accrue vacation in that propor-
tion as the number of hours budgeted for that position
bears to the full-time work week:
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 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-quarter (1.75) working
days for each completed calendar month of service.
F. 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:
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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 cer-
tification from an accepted medical~~uthority,
medical or dental appointments of tne em-
ployee or the employee's dependent children
which could not be scheduled during non-work
hours, with proper advance notification to the
department head, or illness or injury of the
employee's dependent children.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that per-
manent 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:
(1) Following the completion of the first six cal-
endar months of continuous service, six (6)
working days.
(2) Thereafter, one (1) working day for each com-
pleted calendar month of service.
c. The foregoing benefits are cumulative subject to the
following restrictions:
(1) No more than one-hundred thirty (130) working
days may be applied against sick leave for any
one illness.
(2) Accrual of sick leave shall be limited to one
hundred and thirty (130) working days, unless
the employee has selected option 3.08(A)
above, except that no employee who has cur-
rently accrued a "bank" of sick leave in ex-
cess of one hundred and thirty (130) working
days shall be subject to this limit unless or
until that "bank" drops below one hundred and
thirty (130) working days.
D. Any employee who is absent because of sickness or
other physical disability shall notify her/his de-
partment head or other immediate superior officer as
soon as possible but in any event in accordance with
department rules and regulations.
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4.04
4.05
4.06
4.07
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Leave of Absence Without Pay
An employee covered herein may be granted a leave of
absence without pay upon application approveg 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 her/his services even at the cost of some
inconvenience to the city.
Military Leave
The City will observe the military leave requirements of
State and Federal law.
Workers compensation Leave
Any employee covered herein who is receiving disability
payments under the nWorker' s compensation Act of
California" (for on-the-job injuries sustained while
engaged in the performance of the duties of any such
position) shall receive from the city during the first
sixty (60) days of such disability absence, payments in
an amount equal to the difference between the disability
payments received under the Worker's Compensation Act and
the employee J s full salary. Such payments by the City
shall be made without any deduction from accrued sick
leave benefits. The City'S obligation to make such
payments shall not commence until the third day of such
disability absence.
Jury Duty
Any employee covered herein, when duly called to serve on
any jury shall receive the regular base compensation less
all jury fees received excluding mileage for the time
required to be spent under the jurisdiction of the court
provided than an individual employee will be so paid for
jury service no more than once every three years and
shall make every effort to cooperate with any request by
the Department Head to request a delay in jury service to
accomodate important department work in progress. Each
employee receiving a notice to report for jury service
shall immediately notify her/his immediate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Proof of jury service may be required before compensation
made under this Section.
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4.08
4.09
4.10
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Bereavement Leave
Bereavement Leave of not more than five working days with
pay shall be provided for absence from duty due to the
death of a member of the employee' s immediat~ family,
meaning spouse, child, brother, sister,'. parent,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, grandparent, grandchild, or
any other relative living in the same household.
Urgent Personal Leave
One (1) day of leave each fiscal year may be used for
urgent personal matters that could not be postponed to a
subsequent time. This leave shall be charged against
accrued sick leave. This leave shall be granted in units
of not less than two (2) hours, and only if accrued sick
leave is available. The supervisor of the employee
making the request may deny the same if he/she determines
that such time off is not necessary for an urgent per-
sonal matter which could not be postponed to a subsequent
time, subject to the right of the employee to challenge
said denial through the Grievance Procedure. This leave
shall not be accruable from year to year if not used in
any given year.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
enti tIed to a leave of absence totalling four months
immediately following the child's birth or adoption and
shall be returned to the same line-item position
occupied prior to the leave upon its expiration. Paid
vacation leave, and sick leave if applicable, as well as
unpaid leave shall be counted toward the four month
total. Additional leave may be requested under the
provisions of Section 4.04 of this MOO.
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ARTICLE V: WORKING CONDITIONS
5.01
safety
The City shall make every reasonable effort to provide
and maintain a safe place of employment. The City shall
provide and maintain all equipment required by applicable
safety laws and regulations and shall comply with all
other applicable health and safety laws and regulations.
Employees shall report unsafe practices, equipment or
conditions to their supervisors. The use of safety
devices and protective equipment provided by the City
shall be mandatory.
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An employee who is directed to perform a task which the
employee has good reason to believe is unsafe may request
an immediate review by his/her Department Head and the
Personnel Director who shall consult with the City Build-
ing Officer, Fire Marshall, County health officials, or
state health officials as appropriate. During the period
of review and/or investigation the eMployee shall not be
required to perform the task complained of, shall not
suffer loss of payor benefits, and shall be assigned
other appropriate duties, if possible.
If the task complained of is deemed safe by the appropri-
ate official, the employee shall then perform the work as
instructed.
The City shall continue to consult with a committee of
video display terminal users, at least one of whom shall
be an MEA representative, regarding work environment and
other concerns of individuals who spend half or more of
their work week using VDT's.
5.02
Effect of Job Performance on Salary
A. The parties hereto agree that one purpose of a per-
formance evaluation is to record and place in per-
spective accomplishments and deficiencies in an em-
ployee's performance which have previously been dis-
cussed by the employee and supervisor during the
period of time covered by evaluation. In addition,
the performance evaluation is an opportunity for the
employee and supervisor to set and discuss goals and
objectives for the next evaluation period, both in
regard to the employee's job performance and in
regard to her/his career development within the
city. To that end, MEA and the city have developed
the Performance Evaluation form attached hereto as
Exhibit I1B", consisting of a pre-interview worksheet
and a performance rating form.
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B. 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 au-
thorize an entrance salary step higher than the
minimum, and special step increases in the~aalary
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.
C. Notwithstanding any provision contained herein,
there will be no increase in wages of any kind as a
result of a NOT ACCEPTABLE rating on the employee's
prescribed periodic performance rating. There will
be no subsequent increases in wages until the NOT
ACCEPTABLE rating has been improved to at least the
SATISFACTORY level. If overall performance is rated
NOT ACCEPTABLE an employee may be dismissed from
service, and if two consecutive performance ratings
are marked NOT ACCEPTABLE, employee shall be dismis-
sed by appointing authority for inefficiency (SMCC
Section 2l04Al). Any overall rating in the BELOW
SATISFACTORY category may delay the next scheduled
salary increase at the discretion of the appointing
authority. Such action shall remain in effect until
the rating has been improved to at least a SATISFAC-
TORY level.
5.03
Effect Of Reassignment/Recertification On BonUS/Skill
Pays
5.04
When a "bonus", "Skill", or additional pay referenced in
Sections 2.04, 2.06, 2.07, or 2.08 is the result of as-
signment to specified duties or hours, or of maintenance
of a registration, certificate or other credential, the
loss of the bonus, skill, or additional pay due to the
end of the assignment or failure to maintain the required
registration, certificate or credential shall not con-
stitute a demotion, pursuant to Section 2105E of the
Municipal Code.
Employee Parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. It is expressly understood
that this agreement is not made in perpetuity but,
rather, for the term of this contract.
5.05
Personnel Files
An employee covered hereunder shall be entitled to review
the content of his/her City or Departmental Personnel
file at reasonable intervals provided that the employee
schedules an appointment, at least twenty-four (24) hours
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5.06
5.07
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in advance, during the regular business hours of the of-
fice in which the files are maintained.
No material shall be placed in an employee's city or De-
partmental Personnel file without having been sh9wn to
the employee. An employee may prepare a writte~response
to any such material and such response shall be filed
with the original material.
Reprimands and warnings which become part of an em-
ployee's official Personnel file may be referenced in the
employee's next performance evaluation. Upon an em-
ployee's request, documentation of such reprimands and
warnings other than any references in the performance
evaluation shall be removed from the file after two
years, unless otherwise required to be kept by law, pro-
vided that other incidents or violations of the same or
similar have not been documented in the Personnel file
within that period.
Job Sharing
The City of Santa Monica endorses the concept of job-
sharing to encourage the participation of half-time work-
ers in the city. Department officials shall make rea-
sonable effort to accomodate an employee's request to job
share. Upon receipt of a request the Department may as-
sign the employee to a half-time schedule, if prac-
ticable, pending identification of a qualified individual
willing to occupy the remaining half-time position.
Nothing in this provision shall require a Department to
maintain a jOb-share in a situation where a full-time
position is budgeted and, after two months of reasonable
effort to recruit an individual to occupy the other half-
position, such efforts are unsuccessful. An incumbent of
a job-share may return to a full-time schedule when the
other half position becomes vacant or by application for
and acceptance as a transfer to a vacant full-time
position.
An employee who is denied a job share is entitled to
receive the reasons for denial.
Work Schedules
Except in case of an emergency, an employee shall be pro-
vided with fifteen (15) days advance notice of a change
in hiS/her regularly scheduled work hours. Such a
schedule change shall first be offered to qualified
volunteers.
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5.08
5.09
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Energy Conservation
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty tokens per month, will be provided to a~f employee
covered herein who submits, on the city mileage reim-
bursement form, a record of her/his trips (home to work-
site 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 a
mileage reimbursement form.
Any employee who has not been issued a city parking pass,
or who voluntarily turns in his or her parking pass to
Personnel and does not drive to work for a period of not
less than one month shall be eligible to receive two (2)
tokens for each working day in the month under the terms
described above.
It is understood and agreed by the parties hereto that
such tokens are for the exclusive use of the employee and
her/his family or friends and are not to be resold.
Clerical Classification Revisions
Employees who chose to retain classification titles and
pay rates in effect prior to the 1983 clerical reclas-
sification shall continue to be entitled to receive any
and all regular step increases, merit increases, cost-of-
living increases and benefits negotiated by the City and
MEA and to retain their classification titles until they
leave City service or promote within the city. In the
event of a layoff and subsequent reemployment, such em-
ployees may again exercise their right to elect either
the classification they retained or the new
classification.
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
6.03
6.04
~~
Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance 801 (CeS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization recognized employee organization
dues, credit union investments or payments, health and
hospitalization insurance premiums, and life and accident
insurance premiums. Any or all of such payroll deduc-
tions are subject to termination by the City Manager upon
twenty-four (24) hours notice for failure by MEA to com-
ply with the provisions of this MOU.
Reasonable Notice
Reasonable written notice as defined in section 3504.5
California Government Code shall be given on all matters
requiring such notice under said section.
Association Security
Employee payroll deduction authorizations for the
Municipal Employees Association dues shall be voluntary
on the part of the employee, but shall not be subject to
unilateral cancellation by the employee during the term
of this agreement. Employee members of the MEA who are
members of MEA ten calendar days after ratification by
the City council and employees who thereafter become mem-
bers of MEA shall remain as members of MEA for the term
of this agreement. within thirty (30) days after the
date of this agreement and thereafter on request, the
city of Santa Monica shall give to the MEA one (1) copy
of a list of employees together with their most current
addresses as they appear on the records of the city of
Santa Monica. The MEA shall retain such information in
confidence and disclose it only to those officials of the
MEA whose duties require them to have such information.
MEA agrees to indemnify, hold harmless, and defend the
city at MEA expense against any claims, losses or judg-
ments rendered against the City from any law suit filed
by an employee or group of employees by reason of the
operation of this provision.
Time Off for Association Business
Authorized Association representatives shall be allowed
to utilize a total of forty (40) hours of time off with
pay during each calendar year to conduct necessary
Association business. These 40 hours per annum represent
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"
6.05
6.06
6.07
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the aggregate maximum use for all authorized
representatives of the Association per annum, as opposed
to 40 hours per representative per annum. Prior to such
usage, authorized Association representatives must
receive prior permission from the appointing ~uthority,
or designee, in writing. All such time off" sl:lall be
reported by said Association representative, to the
Personnel Director for accounting purposes.
Notification of New Hires
It is hereby agreed that the Personnel Department shall
provide the officers of MEA with the name of each perma-
nent employee whose job title entitles him/her to MEA
representation as soon as is practicable after hire or
transfer.
Child Care
An MEA representative shall participate as a committee
member in any City investigation or any cooperative ef-
fort between the City and other public or private agen-
cies to study or establish child care programs for
employees.
Grievance and Complaint Policy
A. Grievances and appeals of non-probationary employees
covered herein which involve removals, demotions or
suspensions shall be subject to the procedures out-
lined in Section 2106-B et.seq. of the Santa Monica
Municipal Code, which shall constitute the sole ad-
ministrative recourse available under the terms of
this MOU.
B. An employee covered herein who believes that the
prescribed evaluation procedures have not been fol-
lowed or that the evaluation does not correspond to
the facts, should make a written complaint to his/
her supervisor within ten days of receiving the per-
formance evaluation. If no satisfactory response is
received within five workings days of filing the
complaint, the employee should immediately forward
the complaint to his/her Department Head. If no
satisfactory response is received within ten working
days, the employee should immediately forward the
complaint to the City Manager. The City Manager
will appoint a five member board of review composed
of City employees. The Personnel Director will
serve as non-voting member and secretary of the
board. within fifteen working days of the filing of
the complaint with the City Manager, the board of
review shall meet with the employee and the rater
and, within twenty days of those meetings, shall
forward their findings and recommendations to the
city Manager, whose decision shall be final. The
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decision of the city Manager shall be mailed to the
employee within ten working days of receipt of the
complaint.
If exercise of this procedure results in no change
in a Not Acceptable or Below satisfactory Rating,
and, as a result, an employee's regularly scheduled
step-increase is denied, the provisions of section
A, above, governing demotions shall apply.
The foregoing shall constitute the sole administra-
tive recourse available under the terms of this MOU.
r
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c. All other grievances shall be resolved in the fol-
lowing manner:
(1) Informal Discussion
The aggrieved employee(s) is encouraged to
meet with the immediate supervisor to discuss
the problem in an effort to clarify the prob-
lem and to work cooperatively towards
settlement.
(2) First Step:
If the matter cannot be satisfactorily re-
solved within thirty (30) days of the event
giving rise to the grievance (or in the event
that the employee could not have known of the
event giving rise to the grievance, within 30
days of learning of the event) the employee
shall submit the grievance in writing, stating
the nature of the grievance and the desired
solution to the second level supervisor, if
any.
The second level supervisor shall meet with
the grievant and the grievant's representa-
tives, if any, no later than the grievant's
fifth regularly scheduled day following pre-
sentation of the grievance. within five (5)
working days following such meeting, the
supervisor shall give a written decision to
the grievant. If the second level supervisor
does not have the authority to resolve the
grievance, it shall immediately be forwarded
to the Oepartment Head or the appropriate
authority.
(3) Second step:
If the grievance is not resolved at the first
step, the grievance may be referred within ten
days to the Department Head, who shall meet
with the employee and the representative in an
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attempt to resolve the grievance within the
grievant's fifth regularly scheduled day fol-
lowing the forwarding of the grievance.
Within five (5) working days following such
meeting, the Department Head shall give a
written decision to the grievant. ~~
(4) Third step:
If the grievance is not resolved at the second
step, the grievance may be forwarded within
ten days to the Personnel Director, who shall
meet with the employee and the representative
within five (5) working days following receipt
of the grievance, make such investigation as
required, and make recommendations to the city
Manager no more than ten (10) working days
following such meeting. Within five (5) work-
ing days thereafter, the city Manager shall
render a written decision, which shall be
final.
D. If the grievance alleges a misinterpretation of a
specific and qermane section of this Memorandum of
Understanding, MEA may request, following step two
of the grievance procedure described in Section C,
above, that the City meet and confer in an effort to
resolve the dispute. If the dispute remains un-
resolved after three meetings or ten (10) working
days, whichever occurs first, a grievance board
shall be convened. Said board shall be comprised of
one representative of MEA, one representative of the
city and a third who shall be a member of a panel
provided by the State Conciliation Service. The
board shall schedule a hearing as soon as prac-
ticable and shall issue a written decision within
ten (10) working days of the conclusion of the hear-
ing. In the event that the board fails to reach a
unanimous decision, the vote of the panelist from
the state conciliation Service shall be tie break-
ing. The decision of the board shall be binding
subject to the approval of the city Manager who
shall report all such decisions to the City Council.
E. General provisions:
(1) All time periods in this section may be ex-
tended by mutual written agreement of the em-
ployee or representative, and the management
representative involved.
(2) If a management representative does not meet
with the grievant nor render a decision within
the time-limits specified, the employee may
immediately exercise the next step in the
grievance process.
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(3) An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, or who has testified
at any hearing shall not in any way be co-
erced, hindered, intimidated, or disgriminated
against for exercising this right. ~~
(4) For purposes of this section, "days" shall
mean regularly scheduled work days of the af-
fected employee(s) unless otherwise specified.
F. Representation:
(1) Employees shall have the right to represent
themselves individually in grievance matters,
or to be represented by MEA.
(2) MEA shall notify the Personnel Director, in
writing, of its designated employee grievance
representatives and shall provide notifica-
tions of any change in such representatives.
At the Informal step and step 1 MEA represen-
tatives may represent the grievant. At Step 2
and 3 and at any Personnel Board or Grievance
Board hearing, MEA may also designate an out-
side representative to represent the grievant
or MEA.
(3) Reasonable time off without loss of payor
benefits shall be given to a grievant or MEA
employee grievance representative to investi-
gate and/or process grievances, and to wit-
nesses in any grievance meeting or hearing
held during work hours.
Before performing grievance work, MEA rep-
resentatives, the grievant or witnesses shall
obtain permission from the immediate supervi-
sor and when the grievance work is completed.
Neither the grievant nor the representative
nor witnesses shall interrupt or leave work if
the supervisor determines that such interrup-
tion or absence will unduly interfere with the
work of the employee. However, if the super-
visor denies such time off, time off must be
granted within twenty-four (24) hours of such
request.
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IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed this date: July
, 1987.
~'i.
Bargaining Committee:
-
Ci~y of Santa Monica
Linda Childers
John Jalili
City Manager
Frances Alcala
Rene Talbott
Marcie Simmons
Evelyn Jensen
Kathy Keane
Terry Jackson
Paul Worthman, Consultant
APPROVED AS TO FORM:
ROBERT M. MYERS
city Attorney
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MEA CLASSIFICATIONS
ACCOUNTANT
ACCOUNTING CLERK I
ACCOUNTING CLERK II
ADMINISTRATIVE ANALYST
ADMINISTRATIVE STAFF ASSISTANT
ASSOCIATE PLANNER
ASSISTANT DIRECTOR ARTS
ASSISTANT DOMESTIC VIOLENCE
COORDINATOR
ASSISTANT PLANNER
ASSISTANT/DIRECTOR RP-CL
BUILDING INSPECTOR
BUYER
BUYER TRAINEE
CASHIER CLERK
CHIEF OF SURVEY PARTY
CIVIL ENGINEERING ASSOCIATE
CIVIL ENGINEERING ASSISTANT
CIVIL ENGINEER DRAFTING
TECHNICIAN
COMMUNITY SERVICES OFFICER
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMPUTER OPERATOR
CONSERVATION COORDINATOR
CRIME PREVENTION COORDINATOR
DATA CONTYROL CLERK/LIBRARY
DATA ENTRY OPERATOR
DOMESTIC VIOLENCE COORDINATOR
DUPLICATING MACHINE OPERATOR
ENGINEERING AIDE
FIELD INSPECTOR
FINGERPRINT CLERK
FIRE PREVENTION ENGINEER
FIRE PREVENTION INSPECTOR
FIRE SAFETY SPECIALIST
FISCAL STAFF ASSISTANT I
FISCAL STAFF ASSISTANT II
HAZARDOUS MATERIALS INSPECTOR
HOUSING REHAB SPECIALIST
ID TECHNICIAN
JAILER
LICENSE INSPECTOR
MESSENGER CLERK
NOISE ABATEMENT OFFICER
NUTRITION PROGRAM DRIVER
- 38 -
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EXHIBIT A
::,-"i.
PARKING STRUCTURE ATTENDANT
PARKING CHECKER
PERSONNEL SPECIALIST
PERSONNEL ANALYST
PLAN CHECK ENGINEER
POL RNG/SUP SPEC
PROGRAMMER ANALYST I
PROGRAMMER ANALYST II
PROGRAMMER ANALYST III
RECREATION CENTER DIRECTOR
SR ADMINISTRATIVE ANALYST
SR BUILDING HOUSEING
INSPECTOR
SR COMPUTER OPERATOR
SR CROSSING GUARD
SR ELECTRICAL INSPECTOR
SR MECHNICAL INSPECTOR
SR PUBLIC WORKS INSPECTOR
SR PLUMBING INSPECTOR
SR SURVEY TECHNICIAN
STREET INSPECTOR
STAFF ASSISTANT I
STAFF ASSISTANT II
STAFF ASSISTANT III
STAFF ASSISTANT IV
SURVEY INST TECHNICIAN
SURVEY TECHNICIAN
SYSTEMS ANALYST
TECHNICAL SERVICES AIDE
TELEPHONE SYSTEMS COORDINATOR
TOXIC CHEMICAL PROGRAM
COORDINATOR
TRANSPORTATION PROGRAM SPEC
TRAINEE
TRANSCRIBER TYPIST
TRANSCRIBER TYPIST TRAINEE
UNDERGROUND UTILITY LOCATOR
WAREHOUSE WORKER
WATER CHEMIST
WATER PRODUCTION TREATMENT
TRAINEE
WATER PRODUCTION TREATMENT
OPERATOR
YOUTH SERVICES COUNSELOR
ZONING INSPECTOR
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EXHIBIT B
CITY OF SANTA MONICA
PERFORMANCE EVALUATION
~-i
EMPLOVEE
JOB CLASS
DEPT JDIV1Sl0N
RATING PERIOD
EM PLOYEE'S PRE-I NTEAVIEW WORKSHEET
1. Does your present JOB PLAN accurately and completely list all of the major job responsibilities
on which you will be evaluated? YES NO
If you check "NO" please explain below.
2. In what ways, if any, do you think your job/pOSition should be structured differently?
3. Please describe any major problems with your Job or job environment
4. How do you think these problems could be resolved?
5. What were your maior performance achIevements since your last review?
6. What do you like most about your Job?
'\
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~ PERFORMANCE EVALUAnON
EMPLOYEE F1AnNG PERIOD
--~
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1. List below the employee's major job responsibilities that were previously discussed and included
on the JOB PLAN. Rate the employee's performance of each responsibUity during the ratIng period
and then provide specifjc examples of "job behaviors" and/or "work outcomes" to support Mdt
rating that is outstanding, below latl.tectory and/or not eccepteble, on the following page
HOT .I!LOW UOIfE
UPONSI..un ACCEpt'- .,.118- ."". ..u.. OUT
ULE f',ICT01IY I'JICTOIW FACTOIn' IT_D/ffG
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COMMENTS TO SUPPORT RATINGS OF "OUTSTANDING,"
IIBELOW SAnSFACTORY" AND uNOT ACCEPTABLE"
(U. tIIb qoa ..d ~ U4itJ0IUll.hm ,. RHOrt buliFiIIMl...m.,.. . wi'. ,. ..,-0 "'tuIg 6JWe" .. tJu /o&wbte pGge)
~t.
- ~ -
!
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.
JOB ENHANCE.T ANDIOR CAREER DEVELOPMa OBJECTIVES
('I'Id6 I!!!!!!S~ U 01-11II1)
;..
.
OBJEcnYE
TIMETABLE
ASSISTANCE DESIRED
'ROM SUPERVISOR
TRAININGlEDUCATlON
NEEDED
.. ~
- -
Overall Rating for Current Period
o 0
Not AcceplabIe e.tow Sal'afaclory
o
Satlllaclory
o
Abo\Ie' $.abslactory
o
Outs18nd,ng
For probationary employees only: Will this employee pass probation if he/she continues to perform atthe
present level? Yes No
For end of probation only: I do do not u_ recommend permanent status for this employee.
DEPARTMENT HEAD
DATE
-
Employee Comments: (Use lIIlduiDMl sllass i/'1I<<G611f7)
This rating has been dtscussed WIth me. My signature
does not necessarily IndIcate agreement with the rating.
EMPL.OVEf SIGNATURE
SUP 8Nn
DATE SUPERVISORS SIGNATURE
DATE
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