R-7470
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RESOLUTION NO. 7470(CCS)
(CITY COUNCIL SERIES) -t
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE SOCIETY OF PUBLIC ATTORNEYS OF SANTA MONICA
WHEREAS, the city Administration and representatives of
the Society of Public Attorneys of Santa Monica have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages and other terms and condi tions 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 (ees) 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 Society of Public
Attorneys of Santa Monica;
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
Attorneys of Santa Monica, a
e
executed by the Society of Public
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:
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ROBERT M. MYERS
City Attorney
(dft. pms, "attreso")
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I hereby certify that t
Adopted and approve
Mayor
Resolution No. 7470(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: Finkel, Jennings, A. Katz, H.
Kat z , Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
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Act~tY_ ~le:k
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MEMORANDUM OF UNDERSTANDING
BETWEEN l
CITY OF SANTA MONICA, CALIFORNIA
AND
SOCIETY OF PUBLIC ATTORNEYS OF SANTA MONICA
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
PAGE
ARTICLE I: GENERAL PROVISIONS
(1) 1.01 Parties to Memorandum........................... 3
( 5) 1. 02 Purpose................................................... 3
( 2) 1. 03 Term of Agreement...... . . . . . . . . . . . . . . . . . . . . . . . . . 3
(3) 1.04 City Council Approval........................... 3
(6) 1.05 Recognized Employee Association Name............ 4
( 8) 1.06 Scope of Representation......................... 4
(4) 1.07 Full Understanding, MOdification & Waiver....... 4
(9) 1.08 Management Rights Reserved...................... 5
(10) 1.09 Validity of Memorandum of Understanding......... 5
(11) 1.10 Captions for Convenience........................ 6
(14) 1.11 Non~D~s7rimination and Equal Employment......... 6
(15) 1.12 Def1n1t1ons..................................... 6
(17) 1.13 OverpaYment Remedy.............................. 8
(16) 1.14 Payments at Termination......................... 9
ARTICLE II: COMPENSATION
(40) 2.01 Effective Date of Pay Increase.................. 10
(29) 2.02 Salaries........................................ 10
( 4 2 ) 2 .. 03 Overtime.................................................................. 11
( 4l) 2 . 04 Bi - Lingual Bonus................................ 11
(44) 2.05 Call-Back Pay................................... 12
( 43 ) 2 .. 06 Y -Rat i ng. . . . .. .. . . . .. . . . .. . . . . . . . . . . .. . . . . .. .. . . .. .. .. .. .. .... 12
ARTICLE III: SUPPLEMENTAL BENEFITS
(35) 3.01 Medical and Dental Insurance.................... 13
(31) 3. 02 Retirement...................................... 13
(32) 3.03 Deferred Compensation........................... 14
(37) 3.04 Mileage Reimbursement........................... 14
(33) 3 . 05 Bar Dues........................................................................ 14
(34) 3.06 Professional Development........................ 14
(36) 3.07 Long Term Disability Insurance.................. 14
(22) 3.08 Sick Leave Buy Back ............................ 15
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ARTICLE IV: LEAVES
(20) 4.01 Paid Holidays................................... 17
(21) 4.02 Vacation Leave.................................. 17
(22) 4.03 sick Le.ave...............................~l--..... 18
(24) 4.04 Leave of Absence Without Pay................:... 19
(26) 4.05 Military Leave.................................. 19
(27) 4.06 Workers' Compensation Leave..................... 19
(25) 4.07 Jury Duty........................................... 20
(23) 4 . 08 Bereavement Leave............................... 20
(2 9) 4. 09 Parental Leave.................................. 20
(28) 4.10 Professional Leave.............................. 21
ARTICLE V: WORKING CONDITIONS
(13) 5.01 Safety................................................ 22
(38) 5.02 Employee Parking................................ 22
(18) 5.03 Performance Evaluations and Effect of Job
Performance On salary........................... 22
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
(7) 6.01 Payroll Deductions.............................. 24
(12) 6.02 Reasonable Notice............................... 24
(30) 6.03 Time Off for Association Business............... 24
(19) 6.04 Grievance and Complaint Procedure............... 24
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ARTICLE I:
GENERAL PROVISIONS
1.01
Parties To Memorandum
: l
This memorandum of understanding has been prepared
pursuant to the terms of Ordinance No. 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 and by the
Society of Pub 1 ic Attorneys of Santa Monica (SPASM) on
behalf of city Attorney employees occupying the line-item
emploYment attorney position classifications, excepting
the City Attorney and Assistant city Attorney.
1.02 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 t 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 as a result of meeting and conferring in good
faith regarding matters within the scope of
representation for employees represented by SPASM.
1.03 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
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 1, 1989 (and March 1 of each
subsequent year) that it desires to terminate or modify
this agreement, and specifically indicate requested
modifications. In the event that such notice is given,
negotiations shall begin no later than April 15 with a
signed contract desired by July 1st.
1.04
City Council Approval
It is however, the mutual understanding of all the
parties hereto that such memorandum of understanding 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
1.06
1.07
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Recognized Employee Association Name
The society of Public Attorneys of Santa Monica (SPASM}is
hereby acknowledged as the Recognized_~ Employee
Organization representing only the regular~ attorney
emploYment position classifications, excepting the City
Attorney and the Assistant City Attorney, pursuant to
section 3.04 (c) of Ordinance No. 801 (CCS). It is the
mutual understanding of the parties hereto that
acknowledgement of SPASM:
A.
in such
from
their
Does not preclude employees
position classifications
themselves individually in
relations with the city;
B. Does not preclude or restrict the right of mangement
officials to meet and consult with employees in such
employment position classifications concerning their
employment relations with the city.
employment
representing
employment
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 shall be exercised or performed in compliance
with the provisions of Ordinance No. 801 (CCS).
Full Understanding, MOdification and Waiver
The parties agree that each has had full 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. Parties are not
bound by any past practices or understandings of either
party unless such past practice or understanding 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 Municipal Code.
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1.08
Management Rights Reserved
The City Attorney retains all rights not specifically
delegated by t?is ~greement, including, but ~qt limited
to, the exclusJ.ve rJ.ght to: . -
A.
Direct, supervise,
discipline, discharge,
and retain employees;
B. ReI ieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive:
hire, promote,
transfer, assign,
suspend,
schedule
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:
F.
Maintain and improve the efficiency
effectiveness of government operations:
and
G. Take any necessary actions to carry out the mission
of the agency in situations of emergency.
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
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 provisions or civil
service Rule and Regulation 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 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.
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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. ;~
Non-Discrimination and Equal Employment
It is agreed by the 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
Affirmative 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
actions, including the use of slurs or jokes regarding
sex, age, race, national origin, religion, disability, or
sexual preference/orientation which could by construed as
harassment. Harassment of fellow employees is a
violation of City policy. No employment decision shall
be based on an employee's submission to or rejection of
such conduct.
1.12 Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. "Salary Rangetl shall mean the normal five-step (A
through E) monthly pay scale (and the hourly or
bi-weekly equivalent) assigned to each employment
position classification within the city workforce.
B. tlSalary Range steps A Through E" 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 one step increment
annually contingent on satisfactory service as
evaluated on the employee's anniversary date.
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%
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C. "Nearest Dollar" shall mean the next lower dollar in
a monthly rate when the computed amount is 50 cents
or less and the next higher dollar when the computed
amount is 51 cents or more.
D. "Date of Entrance Anniversary" shall mean: the date
which recurs annually after the date of entry into a
line-item position covered by this Memorandum of
Understanding either by original employment,
re-employment 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.
E. "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.
F. "Pay" shall mean compensation for regular hours
worked, sick leave, bereavement leave, vacation,
holidays, and/or jury duty.
G. "In Pay Status" shall mean earning pay.
H. "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.
I. "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 employees covered
hereunder as if they were employed on a
full-time basis.
J. "Permanent Employee" shall mean
(1) a person who is legally an incumbent of a
line-item position, full or part-time; or
(2) a former legal incumbent of a line-item
position on authorized leave of absence from a
regularly budgeted position which position is
held pending the employee's return.
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The term "permanent employee" shall not be construed
to imply a guarantee of continued employment and
employees covered herein are not subject to the
civil service provisions of the Municipal_Code and
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c~ty Charter. ' ~
K. "Full-Time Work Week" shall mean forty (40) hours.
(1) Inc~mbents 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
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 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
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.
Overpayment Remedy
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
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.
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Payments at Termination
When permanent employees covered hereunder ~eave the
service of the City of Santa Monica they-tshall be
entitled to lump-sum payoff of vacation leave and unused
Professional Leave days only. No claim shall be made
against the City for the use or payment of compensatory
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
pay period.
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2.02 Salaries
Salaries of employees covered herein shall be on a
monthly rate, paid on a bi-weekly equivalent basis. In
lieu of the hi-weekly equivalent to a monthly rate, the
City Attorney 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 equivalent shall be
determined by dividing the bi-weekly rate by eighty (80).
A. Effective July 1, 1987, the salary ranges for
employees covered herein shall be increased by 5%
to:
A
B
C
D
E
Deputy Attorney I
3036 3186 3373 3561 3748
Deputy Attorney II
Deputy Attorney III
4085 4287 4539 4791 5043
5359 5624 5954 6285 6616
New hires shall be assigned to the classification
and salary rate most appropriate for their education
and experience and for the nature of the work to be
performed as evaluated by the City Attorney.
B. Effective July 1, 1988 the E-step salaries noted
above shall be increased by the percentage increase
in the revised Consumer Price Index for Urban Wage
Earners and Clerical Workers 1967 - 100 for the Los
Angeles/Long Beach Standard Metropolitan Statistical
Area pUblished by the Department of Labor Bureau of
Labor statistics as measured from April 1987 to
April 1988. Such increase shall, however, be not
less than 5% and not more than 9%.
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2.03
2.04
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C. Advancement from Deputy Attorney I to Deputy
Attorney II and Deputy Attorney II to Deputy
Attorney III shall be considered a promotion rather
than a step increase. An employee who has reached
the "Ell step of Deputy Attorney I must apply for and
receive a promotion by July 1 of the fiscal year
following the fiscal year in which he/she has served
two years at the liE" step Deputy Attorney I or
his/her employment will be terminated effective July
1. An employee's qualification for promotion shall
be determined by the City Attorney.
D. An employee assigned as Chief Deputy of a division
shall receive a supervisor's bonus of $1,500.00 per
year, which does not become part of the employee's
base pay.
Overtime
Employees covered herein are exempt employees under the
professional employee exemption of the Fair Labor
Standards Act as it may be applicable to public agency
employees. While no compensation is required for such
exempt employees for hours worked in excess of the
regular work-week, the city agrees that an employee who
works such hours with the prior approval of an authorized
management official may accrue compensatory time on an
hour for hour basis to a maximum of 80 hours at any time.
Compensatory time on the books which is not taken prior
to the end of a fiscal year shall be forfeited with no
compensation unless, in exceptional circumstances, the
City Attorney authorizes compensatory time accrued in
June to be carried over for use prior to September 30 of
the subsequent fiscal year.
Bilingual Bonus
Qualified employees who meet the criteria set forth
herein shall receive a bilingual skill pay of $50.00 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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2.05
2.06
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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 b~ required
to utilize this skill except in an emergency situation.
If, during the term of this
pay is provided by the
bargaining unit, employees
the higher rate.
agreement, a higher bilingual
City Council to any other
covered herein shall receive
Call-Back Pay
Should the City call back any full-time employee before
or after his/her normal working hours to perform work,
the City shall credit the employee not less than a
minimum of two (2) hours of time, regardless of time
actually worked as a result of being called back to work
to perform services for the City.
Y-Rating
When a personnel action, e.g.: demotion due to layoff or
reclassification, resul ts in the lowering of the
incumbent employee's salary range, the incumbent
employee I s salary may be Y-Rated. nY-Rated" shall mean
the maintenance 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 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.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Medical and Dental Insurance
~ t
The City agrees to furnish medical and dental insurance
coverage for employees covered herein and their eligible
dependents, to a maximum of $214.00 a month for medical
insurance and at no cost to the employee for dental
insurance. SPASM approves the City's change of carrier
for fee-for-service medical and dental insurance.
Effecti ve July l, 1988 , the maximum amount for medical
insurance shall be increased to $253 per month.
3.02 Retirement
The City is a contract member of the Public Employeels
Retirement System, and it is understood and agreed 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 l s Retirement System heretofore
approved by the Santa Monica city Council.
The city shall pay on behalf of each employee covered by
this Agreement an amount equal to one hundred percent
(100%) of the individual employee's share of the required
retirement contributions to PERS (i.e., 7.0% of the
employee's "compensation" as defined by law).
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 l s individual account with PERS
and upon termination wil belong to the employee.
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.
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3.03
3.04
3.05
3.06
3.07
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Deferred compensation
It is hereby agreed that employees covered here~n will be
offered participation in the city's deferred compensation
plan. The City further agrees to contribute to the plan,
the amount the participating employee is contributing to
the plan on his/her behalf, but in no event shall said
amount exceed twenty-five dollars ($25.00) per month per
participating employee.
Effective July 1, 1988, this amount shall be increased to
forty dollars ($40.00) per month per participating
employee.
Mileage Reimbursement
Reimbursement to employees for authorized use of personal
automobiles on City business shall be at the rate
established by the City Council.
Bar Dues
The City shall pay each attorney's California state Bar
dues required to practice law in the State of California.
The city shall also pay for one local bar association
dues at each attorney's option.
Professional Development
Employees covered herein may receive reimbursement for
registration at legal seminars and training sessions to a
maximum of $150.00 per year, exclusive of travel, parking
or accomodations, provided that the seminar or training
program is reasonably related to the practice of
municipal law as determined by the City Attorney.
Training tapes and/or books or pamphlets may be acquired
under the terms of this section provided that such
materials remain the property of the city.
Long Term Disability Insurance
Employees covered herein will be offered participation in
a long term disability plan provided at City expense.
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3.08
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sick Leave Buy-Back
New hires shall make their selection at the _'time they
first become eligible to select payoff. ;~
(1) Employees covered herein have two optional sick
~eave programs to choose from. Because the choice
1S 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:
(a) Program I - the employee has the annual option
to be paid for certain unused sick leave on
the terms noted below or to "bank" unused sick
leave to a maximum accumulation of one hundred
and thirty (130) days.
Payment at the employee's base salary for the
fiscal year during which the sick. leave was
earned but 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 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 (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
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Annual sick leave
for employees with
service shall be
following schedule:
payoffs under this section
ten (10) or more years of
made according to the
~ l
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
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 ttused" 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 "bank").
(b) Program II - The employee has no option for
pay for unused sick leave and "banks II unused
sick leave with no limit or maximum
accumulation.
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ARTICLE IV: I~~VES
4.01
Paid Holidays
Employees occupying the position covered herein shall
receive paid holidays as follows:
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New Year's Day
Martin Luther Kings Birthday
Lincoln1s Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
July 4
1st Monday in september
4th Thursday in
November
The Friday following Thanksgiving
The half day immediately before Christmas Day
Christmas Day December 25
The half day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by City council
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 preceeding 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.
In lieu of time off for such holidays, employees
scheduled to work on holidays due to required court
appearances shall receive straight time pay for those
hours actually worked based upon the hourly rate
equivalent of the monthly effective salary computed to
the nearest one-tenth of an hour in addition to holiday
payor straight time compensatory time subj ect to the
provisions of Section 2.03 Overtime.
4.02 vacation Leave
Each employee occupying a regularly authorized full-time
position or a permanent and continuing part-time position
in any employment classification covered herein shall
accrue vacation leave with pay on the following basis:
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4.03
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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 three _ completed
years of service, one (1) working day \. for each
completed calendar month of service.
c. Thereafter, up to and including seven completed
years of service, one and one-quarter (1 1/4)
working days for each completed calendar month of
service.
D. Upon completion of seven years of service and
thereafter, one and one-hal f (1 1/2) working days
for each completed calendar month of service.
E. Accrual of vacation leave hereunder shall not exceed
forty (40) days.
Sick Leave
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 that:
A. Accrual of sick leave shall be as follows:
(1) Following the completion of the first six
calendar months of continuous service, six (6)
working days.
(2) Thereafter, one (1) working day for each
completed calendar month of service.
B. Accrual of sick leave shall be limited to one
hundred and thirty (130) working days, except that
no employee who has currently accrued a "bank" of
sick leave in excess of one hundred and thirty (130)
working days shall be subject to this limit.
C. Sick leave shall be defined as absence from duty
because of the employee's illness or off-the-j ob
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medical authority or medical or dental
appointments of the employee which could not be
scheduled during non-work hours with proper advance
notice to the department head.
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4.04
4.05
4.06
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Leave of Absence without Pay
An employee may be granted a leave of absence without pay
upon application approved by the City Attorney ,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 Ci ty of retain his or her
services even at the cost of some inconvenience to the
city.
Military Leave
An employee with a permanent civil service status, who in
time of war or national emergency as proclaimed by the
President of the United States or the Congress of the
United states, or while any national conscription act is
in effect, is inducted into the armed forces of the
United states or who leaves employment with the City to
enter voluntarily the armed forces and within a
reasonable time after leaving his/her employment with the
city does enter such service, shall be granted a leave of
absence without pay for the duration of the period of
active service with such armed forces. If such employee
receives an honorable discharge or its equivalent and the
position still exists and the employee otherwise is
qualified to fill the same, the employee shall have a
right to return to the position with the City within six
months after the termination of such active service but
shall not have a right to so return later than six months
after the end of the war or after the time the President
or Congress proclaim the national emergency is
terminated, or after the expiration of the national
conscription act. Such an employee shall receive
seniority and other credits on the same basis as though
the employee had remained in the City service and had not
taken such military leave. Leaves of absence with pay
for temporary mil i tary duty shall be granted in
accordance with applicable state laws.
Worker's Compensation Leave
Employees covered herein hired prior to July 1, 1985 who
are entitled to receive disability payments under the
Worker's Compensation Act of Cal ifornia for on-the-j ob
inj uries sustained in the performance of the duties of
the employee's position shall receive from the City
during the first sixty days of such disability absence,
payments in an amount equal to the difference between the
disability payments received under the Worker's
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4.07
4.08
4.09
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Compensation Act and the employee'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.
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Employees covered herein hired on or after July 1, 1985
shall be entitled to only those Worker's Compensation
benefits specified under state law, and shall receive no
salary from the City during leave covered by the Worker's
Compensation Act.
Jury Duty
Any line item employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom 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. Each employee receiving a notice to report for
jury service shall immediately notify his/her immediate
supervisor.
When daily jury duty scheduling permits, employees shall
return to their regular job assignments to complete their
regular work hours.
Bereavement Leave
Bereavement leave not exceeding five (5) working days
shall be granted to employees covered herein due to death
of a member of the employee I s immediate family.
Immediate family shall mean spouse, child, brother,
sister, parent, parent-in-law, grandparent, step-parent,
step-brother, step-sister or any other relative living in
the same household.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
entitled 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 MOU.
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4.10 Professional Leave
As partial recognition of the sensitive and demanding
nature of the employee-employer relationship -~s regards
employees covered hereunder, the ci ty hereby" agrees to
grant to each employee covered hereunder five (5)
professional days off with pay to all such employes with
less than fifteen (15) years of service. An additional
professional day (total of six (6) days) shall be granted
to all covered employees with fifteen (15) or more years
of service.
Professional days shall be earned in increments with
three (3) days available July 1 of each fiscal year and
two (2) addi tional days available January 1 of each
fiscal year. Employees with six (6) days, shall earn the
extra day as of January 1 of the fiscal year. Unused
professional leave days may be paid to the employee if
he/she records them on the final timecard of each fiscal
year or in such ether pay period required by the Payroll
Division of the Finance Department.
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ARTICLE V:
WORKING CONDITIONS
5.01
5.02
5.03
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Safety
The City shall provide a reasonably safe and heal thy
working environment in accordance with applicable state
and Federal laws and regulations. The employee
organization agrees that where safety devices or items of
protective equipment are required or furnished, their use
shall be mandatory.
It is mutually agreed that a representative of the
recognized employee organization 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 Safety Committee.
Employee Parking
The City will make every effort to maintain free parking
as it presently exists for City employees at City
facilities.
Performance Evaluations And Effect Of Job Performance On
Salary
The City Attorney or hiS/her designee shall evaluate in
writing the performance of employees covered hereunder on
the following schedule:
A. Once at the conclusion of the first six months
of employment.
B. At the conclusion of the first year of
employment.
C. Annually thereafter on or about the employee's
date of entrance anniversary.
If the City Attorney or his/her designee fails to conduct
a performance evaluation on or before its due date, the
employee shall advise the city Attorney in writing that
the evaluation is past dUe. The City Attorney or his/her
designee shall complete the evaluation within fifteen
(15) days of said written notice and any step increases
tied to the evaluation shall be retroactive to the pay
period in which the evaluation was originally due.
In exceptional cases, based upon an Overall rating of
OUTSTANDING, the city Attorney may authorize a step
increase prior to the employee achieving the length of
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service normally associated with the salary step. In no
event shall the rate exceed the maximum (E-step) rate for
the employee's class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a res~lt 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, the
employee shall be dismissed by the appointing authority.
An 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 SATISFACTORY level.
An employee who receives an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE shall receive a follow-up
evaluation in three months to assess progress in
correcting performance problems.
An employee who receives an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE may request review of the
rating by a panel consisting of the Assistant City
Attorney, Chief Deputy Attorney of the employee's
division and a third Deputy Attorney of the employee's
choice who shall review the rating and make
recommendations to the City Attorney in writing. The
City Attorney shall consider the recommendations of the
panel and respond with his/her final decision including
reasons, in writing.
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
: \.
Payroll Deductions
It is mutually understood and agreed that the City,
subject to the provisions of Ordinance No. 801 (CCS) and
during the term of this MOU shall deduct and remit to the
office or officer designated in the employee payroll
deduction authorization recognized employee organization
dues, credi t union investments or payments, heal th and
hospitalization insurance premiums, and life and accident
insurance programs.
Reasonable Notice
A copy (via the United States Postal Service) of the City
council and/or Personnel Board agenda for each meeting
mailed to the authorized representative of the recognized
employee organization shall constitute reasonable written
notice, and notice of an opportuni ty to meet wi th such
agencies, on all matters within the scope of
representation upon which the City Councilor Personnel
Board may act.
6.03 Time Off For Association Business
6.04
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
the aggregate maximum use for all authorized
representatives of the Association per annum.
Grievance and Complaint Policy
In the event any grievances, disputes or disagreements
arise concerning matters within the scope of
representation of the recognized employee organization,
such grievances, disputes or disagreements shall be
resolved as follows:
Grievances, disputes or disagreements concerning the
interpretation or appl ication of the term of this MOU
shall be resolved, if possible, by meeting and conferring
in good faith. If unresolved by such meetings within
five (5) working days the parties shall consider
submitting such issues to mediation as provided by
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Ordinance No. 801 (CCS). If either party cannot agree to
mediation within five (5) working days, the parties shall
then select a grievance board made up of one
representative of SPASM, one representative from
management, and a third who shall be a me~r of the
state Conciliation Service who shall also .act as
chairperson. The decision of the board shall be binding
subject to approval of the City Council.
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IN WITNESS WHEREOF, the parties hereto have
Memorandum of Understanding to be executed this
July, 1987.
caused this
day of
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SOCIETY OF PUBLIC ATTORNEYS
OF SANTA MONICA
CITY OF SANTA MONICA
Ed Manning
SPASM Representative
John Jalili
City Manager
Kimery Shelton
SPASM Representative
Mary Ann Yurkonis
SPASM Representative
APPROVED AS TO FORM:
Robert M. Myers
City Attorney
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