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R-7471 f~~_ It oJ e e RESOLUTION NO. 7471{CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATION WHEREAS, the City Administration and representatives of the supervisory Team 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 ci ty and the Supervisory Team 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 - 1 - t _r -...., e e Memorandum of Understanding with the Supervisory Association, a copy of which is attached hereto. Team 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: f\rlrdr ~ . '-- ROBERT M. MYERS City Attorney ~- (dft.pms, lIattresoll) - 2 - It-.r .........p e e Adopted and approve 4th day of July, 1987. /UAAP0~ ( l../\-.I V -V Mayor I hereby certify that ~OregOing Resolution No. 7471(CCS) was duly adopted by the City Council of the city of Santa Monica at a meeting thereof held on July 14 F 1987 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, Reed, Zane, Mayor Conn Noes: Councilmernbers: None Abstain: Councilmembers: None Absent: Councilmembers: H. Katz ATTEST: - "-. :--~-"..:-:~ _/ ~ . - ~ -- - - ... -.. e e CONTRACT NO. 4984(CCS) MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND SUPERVISORY TEAM ASSOCIATES TABLE OF CONTENTS ARTICLE/SECTION NUMBER ARTICLE I: GENERAL PROVISIONS PAGE (1) 1.01 Parties to Memorandum........................... 3 ( 4) 1. 02 'Purpose......................................... 3 ( 14) 1. 03 Term of Agreement............................... 3 (2) 1.04 City council Approval........................... 4 (5) 1.05 Recognized Employee Association Name............ 4 (6) 1.06 Scope of Representation......................... 4 (3) 1.07 Full Understanding, Modification, & Waiver...... 4 (7) 1.08 Management Rights Reserved...................... 5 (9) 1.09 Peaceful Performance of City Services........... 5 (8) 1.10 Validity of Memorandum of Understanding......... 6 (11) 1.11 Captions for Convenience........................ 7 ( 17) 1. 12 Equal Employment................................ 7 ( 13) 1. 13 Definitions..................................... 7 (16) 1.14 Overpayment Remedy.............................. 10 (15) 1.15 Payments at Termination......................... 10 ARTICLE II: COMPENSATION (22) 2.01 Effective Date of Pay Increase.................. 11 (42) 2.02 Salaries........................................ 11 (25) 2.03 overtime.......................................... 12 (48) 2.04 Shift Differential.............................. 13 2.05 Skill/Assignment Pay............................ 13 (47) 2.06 Call-Back Pay................................... 14 (43) 2.07 Payrate on Appointment/Supervisory Differential. 15 (45) 2.08 Pay for Serving in Higher Job Classification.... 15 (20) 2.09 Y-Ratinq..................,................ III....... 16 ARTICLE III: SUPPLEMENTAL BENEFITS (29) 3.01 Medical and Dental Insurance.................... 17 (26) 3 . 02 Retirement........................................ 17 (27) 3.03 Tuition Reimbursement........................... 18 (28) 3.04 Deferred Compensation........................... 19 (46) 3.05 Uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 (30) 3.06 Mileage Reimbursement & Energy.................. 20 (31) 3.07 State Disability Insurance...................... 20 (34) 3.08 sick Leave Buy Back .............................20 3.09 Term Life Insurance............................. 22 - 1 - e e ARTICLE IV: LEAVES (32) 4.01 (33) 4.02 (34) 4.03 (40) 4.04 (36) 4.05 (38) 4.06 (35) 4.07 (37) 4.08 (41) 4.09 (44) 4.10 ARTICLE V: (18) 5.01 (19) 5.02 (21) 5.03 (23) 5.04 (49) 5.05 Paid Holidays......................~............ "ClC:Cl1:i.()~ ~E!Cl"~.................................... sick Leave..........."................................ Leave of Absence without Pay.................... Military Leave..................................... II- Workers' Compensation Leave..................... Bereavement Leave............................... Jury Duty.................................................... Parental Leave...... '" .. . . .. . . . . . . . .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. . . . supervisory Leave .. .. .. . . . . . . . . . . . .. . .. . .. . . . . . .. .. .. . . .. WORKING CONDITIONS Safety & Loss Prevention........................ 29 Employee Parking................................ 29 Effect of Job Performance on Salary............. 30 Effect of Reassignment/Recertification on Bonus/Skill Pay................................. 30 Supervisory Training.. . . . . . . . . . . . . . . . . . . . . . . . . .. 31 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 23 24 25 26 26 26 27 27 27 28 (10) 6.01 Payroll Deductions.............................. 32 (12) 6.02 Reasonable Notice............................... 32 (39) 6.03 Time Off for Association Business............... 32 (24) 6.04 Grievance & Complaint Policy.................... 33 EXHIBIT nAil - 2 - e e ARTICLE I: GENERAL PROVISIONS 1.01 Parties to Memorandum This memorandum of understanding has been prepared pursuant to the terms of Ordinance 801 (CCS) of the City of santa Monica, which Ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager on behalf of management officials of the City and by the Supervisory Team Association (STA), and on behalf of employees occupying the line-item full and part-time employment position classifications set forth in Exhibit A which is attached hereto and made a part hereof. In the event new job classifications are created which are proposed to be added to the STA unit, the Municipal Employee Relations Officer will notify STA prior to the Personnel Board and city council considerations of the new classifications. Any classifications proposed to be added to the unit shall be agreed upon in writing and will become effective upon execution by the President of STA and the Municipal Employee Relations Officer. 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: to provide an orderly and equitable means of resolving differences which may arise under this memorandum, and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by STA. 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 the 30th day of June 1989. -It shall be automatically renewed from year to year thereafter, unless either party shall notify the other in writing not later than March 1 of each year that it desires to terminate or modify this agreement, and specifically indicates requested modifications. In the event that such notice is given, negotiations shall begin no later than April 1 with a signed contract desired July 1. - 3 - e - 1.04 City Council Approval This MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the city of Santa Monica. 1.05 Recognized Employee Association Name The STA is hereby acknowledged as the Recognized Employee Organization representing only the permanent line-item employment position classifications set forth in Exhibit A (which is attached hereto and made a part hereof) pursuant to section 3.04 (c) of Ordinance 801 (CCS). It is the mutual understanding of the parties hereto that acknowledgement of the STA as the recognized employee organization: A. Does not preclude employees position classifications themselves individually in relations with the city. in such from their employment representing employment B. Does not preclude or restrict the right of management officials to meet and consult with employees in such employment position classifications concerning their employment relations with the city. 1.06 Scope of Representation The scope of representation of the recognized employee organization shall include all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order and that the scope of representation shall be exercised or performed in compliance with the provisions of Ordinance 801 (CCS). 1.07 Full Understanding, Modification and Waiver The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the scope of representation as outlined in Section 2.05 of Ordinance 801 (CCS). This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement or the attachments hereto. The parties are not bound by any past practices or understandings of either party unless such past practices or understandings are specifically stated in this MOU - 4 - 1.08 1.09 e ~ except that provisions or conditions not specifically changed in this or previous MOU's shall be as prescribed by the civil service provisions of the Santa Monica city Charter and the Santa Monica Municipal Code. Each party, for the term of this MOU, specifically waives the right to demand or petition for changes herein, whether or not the subj ects 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). Management Rights Reserved The city retains all rights not specifically delegated by this agreement, including, but not limited to, the exclusive right to: Direct, supervise, discipline, discharge, and retain employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. A. 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. Maintain and improve the efficiency effectiveness of government operations. G. Take any necessary actions to carry out the mission of an agency in situations of emergency. F. and H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. Peaceful Performance of City Service It is mutually understood and agreed that participation by any employee in a strike or a concerted work stoppage terminates the employment relationship in the absence of specific written waiver of such termination by an authorized management official. - 5 - e e A. It is further understood and agreed that none of the parties hereto will participate in, encourage, assist or condone any strike, concerted work stoppage, cessation of work, slow-down, sit-dawn, stay-away, picketing or any other form of interference with or limitation of the peaceful performance of City services. B. In the event that there occurs any strike, concerted work stoppage, cessation of work, slow-down, sitdown, stay-away, picketing or any other form of interference with or limitation of the peaceful performance of City services, the City, in addition to any other lawful remedies or disciplinary actions, may by action of the City Manager cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations. C. Nei ther the employee organization, nor any person acting in concert with them, will cause, sanction, or take part in any strike, walk-out, sit-down, slow-down, stoppage of work, picketing, retarding of work, abnormal absenteeism, withholding of services, or any other interference with the normal work routine. The provisions of this article shall apply for the same term as this agreement, or during any renewal or extension thereof. Violation of any provision of this MOU by the recognized employee organization shall be cause for the City, at its sole option, to terminate this agreement in addition to whatever other remedies may be to the City at law or in equity. D. The City agrees that there shall be no general lockout of bargaining unit members. 1.10 Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain-in full force and effect. Such illegal or invalid section shall be substituted with a benefit of equal value or worth, with the parties hereto to immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. - 6 - e e Should any change be made in any Federal or State law, or in any rules and regulations implementing such legislation, or in any city Charter provision or Santa Monica Municipal Code provision which would be applicable and contrary to any provision herein contained, then such provision of this MOU shall be automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such legislation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. 1.11 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. 1.12 Equal Employment It is agreed by both parties to this MOU that supervisors play a special role in achieving equal opportunity in selecting, training, promoting, and disciplining employees. The parties hereto will work in partnership with the Personnel Department to ensure full compliance wi th the letter and spirit of all applicable local, state, and Federal laws, rules and regulations governing equal opportunity and with the Affirmative Action Program and Sexual Harassment Policy of the city of Santa Monica which are incorporated by reference herein. Both parties acknowledge that progress in meeting affirmative action goals and the maintenance of a harrassment-free work environment are appropriate indicators of performance of an employee subject to this MOU. 1.13 Definitions The following definitions are to be applied in the interpretation of this MOU: A. "Salary Range" shall mean the normal five step (A through E) hourly or monthly pay scale (and the bi-weekly equivalent) assigned to each employment position classification within the City work force. B. "Salary Range steps A through E" for each employment position classification within the City work force shall mean and be established to bear the following percentage relationship to Salary Range Step E computed to the nearest dollar. Normal progression through the range toward E step shall be in annual step increments contingent on satisfactory service. - 7 - e e 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. flNearest Dollar" shall mean the next lower dollar when the computed amount is 50 cents or less and the next higher dollar when the computed amount is 51 cents or more. D. "Line-item position" shall mean a position which is (1) specifically itemized in the personnel schedule of the annual budget of the city of santa Monica and (2) eligible to accumulate vacation, sick leave and other time off in proportion to the percentage of the full-time forty (40) hour week. Other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a fUll-time basis. E. "Permanent Employees" shall mean: (1) A person who is legally an incumbent of a line-item position, full or part-time; or (2) A former incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held pending the employees return. The term "permanent employee" shall not be construed to imply a guarantee of continued employment. However, no permanent employee shall be denied the the right to those due process protections appropriate to his/her status under the Municipal Code and City Charter and applicable state law. F. "Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry into a position in the classified service of the City of Santa Monica, either by original employment, re-emp1oyment or promotion. The date of entrance for employees with broken service shall be considered as the date on which the last unbroken service was effective. - 8 - e e G. "Satisfactory Service" shall mean the attainment of an overall rating 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 forty (40) hours, within a seven (7) day period commencing at 12: 01 a.m. Sunday and ending at 12:00 Midnight the following Saturday. (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 budgeted for that position bears to the full-time work week~ incumbents of line-item positions employed in a work week greater than that defined as the full time work week shall be compensated for hours in excess of the full-time work week on the basis of and in accordance with the provisions of the article hereof relating to overtime. (2) Incumbents of line-item positions regularly working less than the full-time work week shall accrue vacation, sick leave and other time off in the same ratio as the average number of hours they work per week is to the full-time work week for the position occupied. other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. I. IIpay II shall mean compensation for regular hours worked, sick leave, vacation, bereavement leave, holidays, supervisory leave days, compensatory time off and/or jury duty. J. "In Pay Status" shall mean earning pay. K. "Completed Calendar Month of Service" shall mean a calendar month in which an employee has been in pay status for eleven or more working days. - 9 - e e 1.14 Overpayment Remedy Permanent employees covered herein shall reimburse the c! ty for any overpayment of wages or benef! ts. 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. 1.15 Payments at Termination When permanent employees covered hereunder leave the service of the City of Santa Monica they shall be entitled to lump-sum payoff of vacation leave and unused Supervisory Leave days only. No claim shall be made against the City for the use or payment of unused sick leave or other leave days, nor shall the effective date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. - 10 - - - ARTICLE II: COMPENSATION Effective Date of Pay Increase Notwithstanding any other provision contained herein, changes in salary range and salary related benefit changes provided herein shall become effective on the first day of the payroll period closest to the effective date stated herein. If the effective date stated herein falls on the Sunday in the middle of a pay period, the effective date shall be the first day of the following payroll period. 2.02 Salaries 2.01 Salaries of City employees in line-item positions shall be on a monthly rate, paid on a bi-weekly equivalent basis. In lieu of the bi-weekly equivalent to a monthly rate, the City Manager may fix the compensation of any position at an hourly rate. In positions for which the work week is forty (40) hours, the hourly rate shall be determined by dividing the bi-weekly rate by 80. A. Effective July 1, 1987, the E-step salaries of employees covered herein shall be increased by three percent (3%). In addition to the above adjustment, the following classifications shall receive an equity adjustment as follows: Jail Manager ------------------------ License/Permit supervisor ----------- Pier Maintenance Supervisor --------- Police Records Manager -------------- Senior Accountant ------------------- Support Services Supervisor --------- Water PrOduction/Treatment Superintendent ----------------- 10% 7.5% 7.5% 10% 5% 21% 13% 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 the Los Angeles-Long BeaCh-Anaheim Metropolitan Area published by the Department of Labor Bureau of Labor statistics; provided, however, 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 to April 1988. - 11 - e e 2.03 overtime A. 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 official. Overtime for employees regularly assigned to a work day in excess of eight hours or a work week in excess of forty hours shall mean work in excess of the regularly scheduled number of hours in one day or in excess of the regularly scheduled hours in one week, provided such hours have had the prior approval of an authorized management official. All authorized overtime shall be compensated for by cash payment based upon one and one-half (l 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 departmental management official may grant compensatory time off at the rate of one and one-half (1 1/2) hours off for such overtime. Such compensatory time off may accrue to a maximum of 40 hours. B. Department management officials shall not unreasonably deny an employee request for compensatory time in lieu of pay. If compensatory time off is accrued and not taken by June 30 of any fiscal year, it will be paid to the employee at the rate earned. There shall be no carryover of unused compensatory time. C. In no event may an employee's work schedule be changed to avoid the payment of overtime unless the employee initiates the schedule change. Further, management will not schedule split shifts to avoid overtime or for any other reason. (For those classifications working a split shift as of July 1, 1987, this provision shall not apply.) D. 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. - 12 - - - 2.04 Shift Differential Permanent employees covered herein shall receive shift differential as follows: A. Thirty cents ($.30) per hour for all hours worked on the shift for employees whose regular schedule requires that the employee work at least four (4) hours between 4:00 p.m. and 12:00 Midnight, subject to c, D, and E below. B. Forty-five cents ($.45) per hour 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, 0, and E below. C. If any employee qualifies under both A and B above, provision B shall apply. D. Shift differentials are not applicable when the scheduled work hours are compensated as overtime. 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 (8) 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 tenn of this MOU, a higher shift differential is provided by the City Council to any bargaining unit of employees subordinate to supervisors covered herein, employees covered herein shall receive the higher rate. 2.05 Skill/Assignment Pay The following provisions exist for added payment for special skills or work assignments: A. Registration by State of California civil Engineers receive an additional $50.00 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 must be taken on the employees' own time; however, courses which will enable the employees to - 13 - e e meet this requirement are subj ect to Tuition Reimbursement. B. lCBO Certificates -- supervising Building Inspectors receive an additional $50.00 per month if they receive an International Conference of Building Officials certificate as a combination inspector. Lead Electricians and Lead plumbers receive $25.00 per month if they receive a certificate in their specialty from ICBO. Employees receiving such certification must maintain certification to continue to qualify for the bonus. Further, this must be supplemented by annual courses in the applicable area of study or the bonus will be stopped as of July 1 of the next fiscal year. Courses must be taken on the employees' own time: however, courses which enable the employees to meet this requirement are subject to Tuition Reimbursement. c. Any Sr. Groundskeeper who is required by the City to possess a Pesticide License issued by the state of California shall receive a monthly bonus of $40.00. D. Any Supervising Staff Assistant who is assigned to the Police Records Bureau shall receive a bonus of 5%, paid on a monthly basis, for the assignment. said bonus shall cease if and when the classification of Supervising staff Assistant is replaced by another classification within that same assignment. 2.06 Call-Back Pay A. Should the City call back any full-time employee after his/her normal working hours to perform work, the City shall pay the employee the appropriate overtime compensation but not less than a minimum of three (3) hours pay regardless of time actually worked as a result of being called back to work to perform services for the City. B. Should an employee in the Police Department receive an authorized telephone call during hiS/her Off-duty hours for purposes of gaining information or doing other work, said employee shall be entitled to compensation at the minimum of one-half hour at the appropriate overtime rate. Phone calls will be compensated in quarter hour increments after the minimum of 30 minutes has been met. Authorized calls shall be defined as any calls made by or authorized by the Watch Commander on duty at the time of the call. - 14 - - - 2.07 Payrate on Appointment/Supervisory Differential A. During the life of this MOU, Supervisors covered herein shall maintain a differential in pay over their subordinate employees. The differential for all supervisors, except Motor Coach supervisors, shall be determined by setting the E-step salary for the supervisory classification at a position on the salary matrix which provides at least ten percent (10%) more than the E-step salary of the classification of their highest paid subordinate~ the differential for Motor Coach Supervisors shall be determined by setting the E-step hourly rate at that position on the salary matrix which, when the seven percent (7%) PERS contribution is added, provides at least a twenty percent (20%) differential over the E-step hourly rate for Motor Coach Operators~ except that the affected supervisor must have on file a current performance rating of SATISFACTORY OR BETTER to qualify for the terms of this section. B. In the event that the rate of pay being received by an employee being appointed on promotion to a classification covered by this MOU is equal to or greater than the entrance salary of the new position, the employee1s salary shall be increased to that salary step for his/her job classification which provides the next higher rate to that attained in the former position, except as provided in C or D below. c. In any event, an em.ployee being appointed to a position classification covered by this MOU shall be placed at the step in the payrange for the job class which provides not less than five percent (5%) more than the highest rate being paid to subordinates. D. In no event may an employee I s pay rate exceed the established E-step for the job classification. 2.08 Pay for Serving in a 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 - 15 - e e (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 classification assignments in order to avoid paying said compensation. B. If the position to be filled is vacant and there is no valid eligible list for the classification or if the position is temporarily vacant due to a long term illness (more than 20 days) of the employee employed in the higher classification, the Department Head, if he/she has initiated procedures to fill the vacancy on a permanent basis (if appropriate), should assign 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. 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 Y-Rating When a personnel action, e.g., demotion due to layoff or reclassification, results in the lowering of the salary range of a permanent employee covered herein, the incumbent employee's salary may be Y-rated. nY-rated" shall mean the maintenance of the employee's salary rate at the level effective the day preceding the effective date of the personnel action_placing the employee in a lower salary range. The employee's salary shall remain at such level until the salary range of the new classification equals or exceeds the Y-rate salary. - 16 - e. e ARTICLE III: SUPPLEMENTAL BENEFITS 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 agrees to pay all of the premiums for all health plans for the first year of this MOU. This amount consists of the $214 per month maximum, payments from the retained surplus (until exhausted), and supplemental payments by the City of any excess premiums cost. C. Effective July 1, 1988, the City agrees to raise its health insurance ucap" to $253 per month. In the event that the "employee only" coverage exceeds $253 per month, the Ci ty agrees to pay in full the "employee only" premium. D. Retiree Health Insurance -- Employees wi th 20 or more years of service with the City and who retire from employment with the city after July 1, 19 B 7 , shall receive the following: for each 75 days of unused sick leave accrued in the employee t s sick leave bank at the date of retirement, one year of health insurance shall be furnished to the retiree, at the appropriate retiree premium, provided that the employee participates in one of the Cityts health plans for retirees. E. During fiscal year 1987-88, the City agrees to study the feasibility of implementing a health care reimbursement plan for its employees. Prior to June 30, 1988, the city agrees to meet and confer with STA about any recommendations generated by this study. 3.02 Retirement The City is a contract member of the Public Employee t s Retirement System, and it is understood and agreed that such membership will be maintained and that employee eligibility classification, contribution, and benefits are as prescribed in the contract between the city and the Public Employee's Retirement System 'heretofore approved by the City Council. The City shall continue to pay on behalf of each permanent employee covered - 17 - e e herein one hundred percent (100%) of the individual employee's share of the required retirement contributions to PERS [seven percent (7%) of the employee's "compensation" as defined by PERS legislation] for the term of this MOU. For the Sr. ID Technician who was hired prior to 1963 and who elected to be "grandfathered" into the Safety retirement system, the City shall pay on behalf of said employee one hundred percent (100%) of the individual employee's share of the required retirement contribution to PERS [nine percent (9%) of the employee's "compensation" as defined by PERS legislation] for the term of this MOU. These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax therefrom. The City's practice will be to report these payments as being those of the employees so that they will be credited to the particular employee · s individual account with PERS and upon termination will belong to the employee. It is agreed that if state and/or federal procedures require reporting of these payments in any other manner, the parties will abide by such requirements. 3.03 Tuition Reimbursement city will budget annually sufficient funds to provide each permanent line-item employee of the STA tuition and required study material reimbursement for career improvement or job enhancement courses approved by authorized department management officials and subject to appeal to and approval of the Director of Personnel. Reimbursement shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided however, that: A. The maximum annual amount of reimbursement per individual employee shall not exceed one thousand dollars ($1000). B. The course of study must be approved in advance by authorized department officials and the Personnel Director. C. The course must be directed to qualifications for an employment position represented in the City work force or to enhancement of current job skills. D. Reimbursement under this provision shall be made only to employees who have completed the required probationary period before completing the course for which reimbursement is requested. - 18 - 3.04 3.05 e e E. Courses taken under this article may not be taken on City time. F. The employee must exhibit some reasonable expectation of qualifying for the new position upon successful completion of the study course if that was the reason for the course. G. Reimbursement shall be made upon successful completion of the pre-authorized course and upon presentation of receipts and proof of satisfactory course completion. H. In no event shall the City's reimbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside source, plus the normal City reimbursement, exceeds the cost of tuition and study material for the approved study course. Deferred Compensation Each employee covered herein will be offered participation in the City I S deferred compensation plan. The city agrees to contribute to the plan, the amount the participating employee is contributing to the plan on his or her behalf, but not to exceed twenty-five ($25) dollars per month for any participating employee. Effective January 1, 1988, the above-described amount shall increase to fifty ($50) dollars per month for any participating employee. Uniform Allowance A. Each employee occupying a regular full-time position or a permanent and continuing part-time position in the employment position classifications covered herein, if required to wear a uniform and such uniform is not furnished by the city, shall receive a monthly uniform maintenance allowance of $40.00. B. If, during the term of this agreement, the uniform allowance provided to any employees in a unit composed of subordinates to supervisors herein exceeds $40 per month, the employees covered herein shall receive the higher amount. c. The city agrees to furnish and maintain coveralls to those employees that are required to do work that may cause damage to their personal clothing. - 19 - e e 3.06 D. Supervisors not covered above will be furnished with a distinctive work uniform as prescribed by the city. The city will provide at least nine (9) sets of such uniforms. Maintenance of these uniforms will be in accordance with existing City contracts concerning said uniforms. Mileage Reimbursement and Energy Conservation Reimbursement to permanent employees covered herein for the authorized use of personal automobiles on City business shall be at the rate authorized by the City Council. Reimbursement rates will be considered in preparing budget recommendations at least every two years. Santa Monica Municipal Bus Line tokens, to a maximum of twenty (20) tokens per month, will be provided to any employee covered hereunder who submits, on the City reimbursement form, a record of his/her trips (home to worksite, or worksite to home) during the preceding month. The Santa Monica Municipal Bus Line Route number and the Bus number used for each trip must be entered on the reimbursement form. Any employee who has not been issued a City parking pass, or who voluntarily turns in his/her parking pass, shall be eligible to receive forty (40) tokens per month under the terms described above. 3.07 state Disability Insurance The City shall maintain the state Disability Insurance coverage that became effective January 1, 1985, at employee expense, and no integration of sick leave will be provided. Termination of the coverage may be effected by STA as of January 1 of any year provided that STA files a written notification to the City and the state before January 31 of that particular year. 3.08 Sick Leave Buy Back Employees covered herein are eligible for participation in the sick leave payoff option as described below. Employees hired prior to July 1, 1987 have already made their irrevocable choice ; unit employees who have not previously made a choice of payorf options shall make their selection at the time they first become eligible to select payoff. Once an employee makes his/her decision to accumulate unlimited sick leave or to participate in the payoff program and limit accumulation to 130 days, the decision is irrevocable. - 20 - e e Employees covered herein have two optional sick leave programs to choose from. Because the choice is one-time and irrevocable employees should carefully consider their long and short term needs in arriving at a choice. The two programs are as follows: A. Program I - the employee has the annual option paid for certain unused sick leave on the noted below or to 11 bank" unused sick leave maximum accumulation of one-hundred-thirty (130) . to be terms to a 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 Yearn column of the ItVacation, Sick Leave and Compensatory Timel1 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 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: - 21 - e e 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 (leave without pay) should be limited to situations where no other appropriate paid leave is available. The use of Code 40 in lieu of sick leave, or the use of other paid time off not appropriately scheduled in advance, will disqualify an employee from eligibility for payment under this section for the year in which the unauthorized leave occurs, and may subject the employee to disciplinary action. sick leave for which payoff is received shall be considered "used" in that it will not be added to the "bank" (or if added to the "bank" prior to the payoff date shall be removed from the "bankU). Sick leave payoffs under this section shall be made by separate check by the end of July following the fiscal year in which the payable sick leave was earned. B. Program II - The employee has no option for pay for unused sick leave and "banks" unused sick leave with no limit or maximum accumulation. 3.09 Term Life Insurance The City agrees to maintain at no cost to the employee a term life insurance plan for permanent employees covered herein, with individual coverage of not less than a total of $20,000. - 22 - - e ARTICLE IV: LEAVES 4.01 paid Holidays Employees covered hereunder shall receive paid holidays as provided below: New Year's Day - January 1 Martin Luther King's Birthday - Third Monday in January Lincoln's Birthday - February 12 Washington's Birthday - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in september Thanksgiving Day - Fourth Thursday in November The Friday Following Thanksgiving Day The Half-Day Immediately Before Christmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All Other Holidays Declared by the City Council A Floating HOliday becomes available at the beginning of each fiscal year and must be taken before the end of that fiscal year. A floating holiday not taken by the end of the fiscal year may be paid to the employee by the employee entering the day on the timecard for the last paycheck of the fiscal year. Failure to take the floating holiday or to put the holiday on the last timecard for the fiscal year shall constitute a forfeiture by the employee. Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutive days off, the day preoeding 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) conseoutive days off, the following day shall be deemed the holiday for such employee.- Time worked on an authorized paid holiday, up to the number of hours worked in a normal work day, shall be compensated as straight time overtime at the hourly rate equivalent to the monthly salary, in addi tion to the holiday pay; except that if a supervisor has a subordinate who receives a rate greater than straight time, the supervisor shall receive the same multiple of hours worked as his/her subordinate. Time worked on a holiday in excess of the number of hours in an employee's - 23 - e e normal work day shall be compensated as overtime at time and one-half. When an employee covered herein is required to work on a holiday, the employee shall have the option, with the approval of their supervisor, to "float" the eight (8) hours of holiday time and to schedule an alternative day off or to be paid within ninety (90) calendar days, but no later than June 30 of the fiscal year in which the assigned holiday work occurred. Employees in departments or divisions observing different holiday schedules shall, in lieu of holidays listed above, receive holidays enjoyed by other operating employees in that department or division, provided, however, that the same number of holidays (12) shall be observed. 4.02 vacation Leave Employee I S covered herein shall accrue vacation leave with the pay on the following basis: A. Following completion of the first six calendar months of continuous service, six (6) working days. B. Thereafter, up to and including five completed years of service, one (1) working day for each completed calendar month of service. c. Thereafter, up to and including ten completed years of service, one and one-quarter (1.25) working days for each completed calendar month of service. D. Thereafter, up to and including fifteen completed years of service, one and one-half (1.5) working days for each completed calendar month of service. E. Upon completion of fifteen years of service and thereafter, one and three-quarters (1.75) working days for each completed calendar month of service. F. Employees are expected to take their vacation each year. An employee who has accrued vacation to the maximums prescribed in the Municipal Code may be required to take vacation leave in order to reduce the accumulation balance. The scheduling of vacation shall be according to department or division policies and contingent on the service needs of the department. If an employee is denied the time off required to maintain a vacation balance below the maximum allowed, the Department Head shall authorize paYment to the employee for such vacation as would exceed the maximum accumulation limit. Payment shall be accompl ished by putting the number of excess hours on the time card for the payperiod in which the excess time is accrued. Such payments should not be continued in succeeding payperiods, and it is the - 24 - e e responsibility of the employee and the Department to schedule time off as soon as possible to substantially reduce the accumulation bank and avoid excess accumulations. However, if the employee is scheduled to take vacation and fails or refuses to do so, he/she forfeits the excess accrual without compensation. G. Except as provided herein, the administration or application of vacation leave provisions and the limitations on the accumulation, proportionate accumulation, scheduling and payment for such leave shall be as prescribed in the civil service provisions of the Santa Monica Municipal Code. 4.03 sick Leave A. The use of sick leave shall be defined as in Section 2l04I of the Santa Monica Municipal Code, hereby incorporated as if set forth in full herein, except as follows: sick leave shall be defined as absence from duty because of the employee's illness or off-the-job injury, exposure of the employee to contagious disease as evidenced by certification from an accepted medical authority, medical or dental appointments of the employee 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 permanent part-time employees shall accrue sick leave in that proportion as the number of hours budgeted for the position bears to the full-time work week: (I) Following the completion of the first six calendar months of continuous service, six (6) working days. (2) Thereafter, all sick leave accruals shall accrue on the basis of one (1) working day for each completed 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. - 25 - e e (2) Accrual of sick leave shall be limited to one hundred and thirty (130) working days, unless the employee has selected option I in section 3.08 herein, 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 unless or until that "bank" drops below one hundred and thirty (130) working days. 4.04 D. Any employee who is absent because of sickness or other physical disability shall notify his/her department head or other immediate superior officer as soon as possible but in any event in accordance with department rules and regulations. Leave of Absence Without Pay 4.05 A permanent employee covered herein may be granted a leave of absence without pay upon application approved by the Department Head and the City Manager. Such leave may not exceed one year's time. Upon expiration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualifications make it desirable for the City to retain the employee's services even at the cost of some inconvenience to the city. An individual reinstated following a leave of absence without pay shall receive full seniority rights as if fully employed during the leave only if said leave of absence was of duration of 4 months or less and was for the purpose of parental or maternity leave. Military Leave The City will observe the Military leave requirements of state and Federal law. 4.06 Worker's Compensation Leave Employees covered herein hired by the City on or before June 30, 1985, receiving disability paYments under the Workers' Compensation Act of California shall receive the difference between the disability payments under the Act and full salary during the first ninety (90) days of such disability absence. Employees covered herein hired by the city on or after July 1, 1985, shall be entitled to only those Workers' Compensation benefits specified under State law and shall receive no salary from the City during a leave for injuries covered by the Workers' Compensation Act. - 26 - 4.07 4.08 4.09 e e Bereavement Leave Bereavement Leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, step-parent, step-brother, step-sister, parent-in-law, son-in-law, daughter-in-law, grandparent, grandchild or any relative living in the same household. Jury Duty Any permanent employee covered herein, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular pay less all jury fees received excluding mileage, for the time required to be spent under the jurisdiction of the court. Each employee receiving a notice to report for jury service shall immediately notify his/her immediate supervisor. Whenever daily jury duty scheduling permits, employees shall return to their regular daily job assignment to complete their regular daily work hours. Employees covered herein may be required to provide proof of jury service to receive jury duty pay. 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 (4) 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. Primary responsibility may be established by providing documentation that the employee's spouse is medically incapaci tated or when the spouse is gainfully employed during hours the employee is normally scheduled to work and no schedule change for the employee's spouse is possible. 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 Article 4.04 of this MOU. In the event of a conflict with state or Federal law, the city will comply with the provisions of applicable state or Federal law. - 27 - .- e 4.l0 Supervisory Leave As partial recognition of the supervisorial and sensitive nature of the employee-employer relationship as regards employees covered hereunder, the city hereby agrees to grant four (4) bonus days off with pay per fiscal year. These four ( 4 ) bonus days shall be in addi tion to any other regular benefits which accrue hereunder. Such bonus days shall be granted in one day increments effective at the close of each three month period of the fiscal year, to be usable as accrued. Payment equivalent to the employee's basic salary for any unused bonus days shall be payable to the employee six (6) months from the end of the fiscal year when earned. - 28 - - e ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevention 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. 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 Building 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 appropriate 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 STA representative, regarding work environment and other concerns of individuals who spend half or more of their work week using VDT's. Both parties recognize the role that Supervisory officials play in loss prevention and safety and agree that measures of loss prevention and safety are one appropriate indicator of performance of an employee subject to this MOU. 5.02 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. - 29 - e e 5.03 Effect of Job Performance on salary The City Manager, in exceptional cases, based upon specific appraisal of the importance and difficulty of the work and the experience and ability of the person to be employed, or of the incumbent/~may authorize entrance salaries higher than the minimum, and special increases above the amount prescribed in the salary schedule for the class and length of service of the incumbent. In no event, however, shall the rate exceed the maximum rate for that class. Notwithstanding any provision contained herein, there will be no increase in wages of any kind as a result of 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, the employee may be dismissed from service, and if two consecutive performance ratings are marked NOT ACCEPTABLE, employee shall be dismissed by appointing authority for inefficiency (SMCC section 2l04A1). Any overall rating in the BELOW SATISFACTORY category may delay the next scheduled salary step increase at the discretion of the appointing authority. Such action shall remain in effect until the overall rating has been improved to at least the SATISFACTORY level. 5.04 Effect Of Reassignment/Recertification On Bonus/Skill Pays When a IIbonus", "skillll, or additional pay referenced in various sections of this MOU is the result of assignment 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 constitute a demotion, pursuant to Section 2105E of the Municipal Code. - 30 - 5.05 e e supervisory Training The City recognizes the importance of maintaining supervisor awareness of policies, regulations, laws and procedures which pertain to the duties and responsibilities of employees covered herein. The City will provide at least annual training to supervisors covering such subjects as affirmative action, sexual harassment, employment discrimination, discipline, grievance handling, performance evaluation, labor laws and practices, safety and loss prevention. Such training will be supplemented by periodic bulletins and updates regarding changes in applicable law, policies, or regulations. Supervisors covered herein are encouraged to use training and tuition reimbursement programs to seek additional skill development in supervisory function and responsibility. - 31 - . e ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions It is mutually understood and agreed that the City will, subject to the provisions of Ordinance 801 (eeS) 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, credi t union investments or payments, heal th and hospitalization insurance premiums, and life and accident insurance premiums. Further, the city agrees to change deductions from the employee's pay from a monthly to a twice-a-month basis (on the 1st and 2nd pay checks of the month) only if the out-of-pocket cost to the employee for health insurance premiums exceeds $25.00 per month. Any or all of such payroll deductions are subject to termination by the City Manager upon twenty-four (24) hours notice for failure to comply with the provisions of this MOU. 6.02 Reasonable Notice A. It is mutually understood and agreed that a copy of the City Councilor Personnel Board agenda for each meeting mailed, by U. s. Mail, to the authorized representative of STA shall constitute reasonable written notice, and notice of an opportunity to meet with such agency, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. B. The City agrees to notify STA of any change in status of its membership on a monthly basis. The City further agrees to provide STA with at least 10 days notice of any change in classification, except that the STA president may waive any time limits. 6.03 Time off for Association Business Authorized STA representatives shall be allowed to utilize a total of forty (40) hours of time off with pay during each fiscal year to conduct necessary Association business. These forty hours per annum represent the aggregate maximum use for all authorized representatives of the Association per fiscal year, as opposed to forty hours per representative. Prior to using such time, authorized representatives must receive permission from the Department Head, or his/her authorized designee, in writing. For accounting purposes, all such time off shall be reported to the Personnel Director by copy of the authorization memo signed by the Department Head or designee. - 32 - e e 6.04 Grievance and Complaint Policy A grievance is a complaint by one or more employees concerning the application or interpretation of the MOU, ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours and/or working conditions provided, however, that grievances regarding disciplinary actions must be lodged by the employee being disciplined and that appeals arising from suspensions, demotions and removals shall be subject to the procedures outlined in Section 2106B et seg. of the Santa Monica Municipal Code, and that complaints regarding Performance Evaluations shall be subject to the procedures contained in Section 2104A of the Municipal Code. The city agrees that employees shall be afforded all due process rights provided in applicable law. The STA agrees the rights of probationary employees are limited to those provided under the Santa Monica Municipal Code and City Charter. Step 1. Step 2. step 3. The aggrieved employee(s) shall meet with the immediate supervisor regarding the grievance, which must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance and the circumstances giving rise to the grievance within thirty (30) days of the event giving rise to the grievance. If the grievance is not resolved by the end of the employee's third regularly scheduled day following the day on which presentation of the grievance to the immediate supervisor occurred, the employee may, within five regularly scheduled days thereafter appeal to the second level supervisor, if any. If the grievance is not resolved by the end of the employee's fifth regularly scheduled day following presentation of the grievance to the second level supervisor, if any, the employee may, within five -regularly scheduled days appeal to the Department Head. The Department Head shall meet with the employee and the employee's representative to attempt to resolve the grievance. - 33 - e e step 4. If the grievance is not resolved by the end of the employee's tenth regularly scheduled day following presentation of the grievance to the Department Head, the employee may, within five days, appeal to the Personnel Director, who will investigate the grievance and make recommendations to the Ci ty Manager, whose decision shall be final. The decision of the City Manager shall be issued no later than the end of the thirtieth day following presentation of the grievance to the Personnel Director. It is mutually understood and agreed that: A. All time periods in this section may be extended by mutual consent of the employee and the management representative involved. B. A grievance shall be considered untimely if not presented by the employee or the STA within thirty (30) days of the incident giving rise to the grievance or within thirty days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action. C. Employees shall have the right to be represented in grievance matters in the fOllowing manner: 1. Employees shall have the right to represent themselves individually in grievance matters. 2. Employees may designate a member of the Department or of STA to represent them in grievance matters at steps one (1) and two (2) of the grievance process. 3. Employees may designate a member of the Department, an STA representative, or a legal representative to represent them in steps three (3) and four (4) of the procedure. 4. For the purposes of this section, "days" shall mean regularly scheduled work days of the employees in the affected department or division. 5. Reasonable time off without loss of payor benefits shall be given to a grievant or STA grievance representative to investigate or process grievances, and to witnesses in any grievance hearing or meeting held during working hours. - 34 - e e Before performing any grievance work, STA representatives, the grievant or witness shall obtain permission from the immediate supervisor and shall report back to work when the grievance work is completed. Nei ther the grievant nor representative nor witness shall interrupt or leave work if the supervisor determines that such interruption or absence will unduly interfere with the work of the employee. However, if the supervisor denies such time off when requested, time off must be granted within twenty-four (24) hours of such request. D. An employee who has initiated a grievance, or assisted another employee in initiating and/or processing a grievance, shall not in any way be coerced, intimidated or discriminated against. - 35 - . e IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this date: July 15th , 1987. Q~L R~bert Harv'ey, Pr-es i1:ient - J1ilLAr t- ~. . / ~~rla Mc ough ~ ~~ Debbie Miller ~ ,T;~JJ!L John Jalili City Manager APPROVED AS TO FORM: ~~l~ Robert M. Myers U city Attorney ~D ~s TO ~ h1 "- ~/ i'1.J,1 '7~", S~ia E. Kellison - 36 - e . "Exhibit A" Employees covered hereunder shall be as follows: Airport supervisor Asphalt Crew Leader Assistant Administrative services Officer -Trans. Assistant Parking Lot Supervisor Assistant Purchasing Agent Assistant Revenue Manager/City Treasurer Beach Cleaning Supervisor Cable T.V. Production specialist Carpenter supervisor Cemetery Business Assistant Cemetery Field Supervisor Civil Engineer communications Center supervisor Concrete Crew Leader Crime Analysis/Prevention unit Supervisor Custodial Supervisor EDP Operations Supervisor Electrical Supervisor Event Attendant III Fleet Maintenance Supervisor Groundskeeping Supervisor Jail Manager Landscaping Supervisor Lead Plumber Liability Claims Supervisor License/Permit Supervisor Maintenance Man III Mechanic Supervisor Motor Coach Supervisor Painter Supervisor Parking Lot supervisor Parking Supervisor Pier/Harbor Captain Pier Maintenance Supervisor Police Records Manager Principal Accountant Principal Planner Project Director Property Evidence CUstodian Recreation Program Coordinator Records Manager Coordinator Recycling Crewleader Sanitation Supervisor Senior Accountant Senior Animal Control Officer Senior Groundskeeper Senior Identification technician Senior parking Meter Collector Senior Planner Senior Tree Trimmer Senior Parking Checker - 37 - e storekeeper street Cleaning Supervisor street Maintenance supervisor supervising Building Inspector Supervising Data Entry Operator Supervising Fiscal Staff Assistant supervising Staff Assistant support Services Supervisor Technical services supervisor Trades supervisor Transfer station Supervisor Transportation Mechanic supervisor Tree Trimming supervisor Wastewater Crewleader wastewater Supervisor water Construction Crew Leader Water Leader Water Production and Treatment Superintendent water Supervisor - construction Water Supervisor - Meters - 38 - .