R-8688
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RESOLUTION NO. 8688
(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 MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the Clty administration and representatives of
the Munlcipal Employees Association have met and conferred under
the terms of Ordinance No. 801 (CCS) and have reached agreement on
wages, hours 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
determ1nation; and
WHEREAS, the purpose of the Memorandum of Understanding
is to promote and prov1de harmonious relations, cooperation, and
understanding between the City and the Municipal Employees
Association;
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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
Memorandum of Understanding executed by the Municipal Employees
Association, a copy of which is attached hereto.
Section 2. The City Clerk shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
~~
Acting City Attorney
(KB. "mea46")
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Adopted and approved tlus
23rd
day of
Novpmh",r
,1993.
~.~
I hereby certify that the foregomg Resolutlon No. R!,; R R was duly adopted at a
meeting of the City Councll on the 23rd
day of
November
,1993 by the
following vote:
AYES.
Councilmembers Abdo, Genser, Holbrook, Olsen, Rosenste~n, Vazquez
NOES:
ABSTAIN
ABSENT:Councilmember Greenberg
ATTEST:
~~1~/M~
Cny Clerk - - /
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MEMOR.H..'DUM UNDE~STANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MUNICIPAL EMPLOYEES ASSOCIATION
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
ARTICLE I: GENERAL PROVISIONS
1.01
1.02
1.03
1. 04
1. 05
1. 06
1. 07
1. 08
1. 09
1.10
1.11
1.12
1.13
1.14
Parties to Memorandum..... ... ......... ........
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Counc1l Approval.........................
Recognized Employee Association Name...... ....
Full Understanding, Modif~cation, and waiver. .
Management Rights Reserved... ......... ........
Peaceful Performance of City Services... ......
Validity of Memorandum of Understanding.... '"
Captions for Convenlence... ............ ......
Non-D1scrimination and Equal Employment.......
Def1nitions. . .. .. .. .. . ...... .......... .... . . . .
Overpayment Remedy... . . . . . . . . . . . . . . . . . . . . . . . . .
Payments at Term~natlon.. ................. ....
ARTICLE II: COMPENSATION
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
Effective Date of Pay Increase..... ..... ......
Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overtime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
N1ght Differential Pay. . ............... .....
Call Back Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Skill Pay......... . . . . . . . . . . . . . . . . . . . . . . . . .
Pay for Train~ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pay for Serv~ng ln Higher Job Class~f~cation..
Promotional Pay Rate..... ............ ..... ....
Y - Ra t ing. . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . .
Court Standby........ . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
3.02
3.03
Health Insurance Programs........... .........
Ret~rement. . . . . . . . . . . . . . .. ...................
Tuition Reimbursement and Tra1n~ng............
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3.04
3. (}S
3.06
3.07
3.08
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Deferred compensation. . . . . . . . . . . . . . . . . . . . . . . . .
uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mileage Reimbursement.................. .......
Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . . . . . . .
Long Term Disability Insurance......... .......
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacation Leave.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leave of Absence Without Pay. ........ .........
Military Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Workers' Compensation Leave....... ..... .......
Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bereavement Leave.............................
Personal Leave Days.. .... ............. ........
Parental Leave................................
Family Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE V: WORKING CONDITIONS
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
5.10
5.11
5.12
5.13
Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect of Job Performance on Salary... ........
Effect of Reassignment/Recertification on
Bonus/Skill Pays..................... .., ......
Employee Parking....... ......................
Personnel Files...............................
Job Sharing...................................
Work Schedules................................
Energy Conservation.. ... .. .. . . ... .. . " .., . ....
Clerlcal Classiflcation Revision.... ....... ...
Layoffs. . . . . . . . . . . . .. . ......................
Promotions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Probationary Period... . . . . . . . . . . . . . . . . . . . . . . . .
Transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
Payroll Deduction.................. _ . . . . . . . . . .
Reasonable Not1ce _ . . . . . . _ . . . . . . . _ . . . . . . . . . . . . .
Association Security. ............ ..... ........
Time-Off for Assoc1ation Business.. ..... ......
Notificat1on of New H1res............. .... ....
Child Care........... . . . . . . . . . . . . . . . . . . . . . . . . .
Grievance and Complalnt Procedure..... ..... ...
Right to Assoc1at~on Representation...........
Disciplinary Act1on. . . . . . . . . . . . . . . . . . . . . . . . . . .
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EXHIBIT A
EXHIBIT B
EXHIBIT C
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REPRESENTED CLASSIFICATIONS
PERFORMANCE EVALUATION FORMS
AGENCY SHOP
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ARTICLE I: GENERAL PROVISIONS
1. 01
Parties to Memorandum
This Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
City of Santa Monica, whose lawful provisions are hereby
lncorporated by reference as if fully set forth here2n,
and has been executed by the City Manager on behalf of
the City and by the Municipal Employees Associat20n,
Adm2nistrative, Clerical, and Technical (hereinafter
MEA), on behalf of employees occupy1ng the line-item
position classifications set forth in Exhibit A which
is attached hereto and made a part hereof.
As of July 1, 1992, the following position
classifications will no longer be represented by MEA.
However, an incumbent in any of these classiflcations as
of June 30, 1992 will be given the option of being
"grandfathered" and thereby continue to be represented
by MEA and be covered by the terms and conditions of
employment as Bet forth in this Agreement and any
subsequent Agreements, as long as he/she contlnues to
hold the position classification in question. If the
"grandfathered" employee's position should become
vacant, the new 1ncumbent wl.ll be represented by the
barga1ning un1t which became the Recognized Employee
Organization representing that positlon classification.
Assistant Domestic V10lence Counselor
Domestic Vlo1ence Counselor
Liablllty Clalms AdJuster
Plan Check1ng Eng1neer
Programmer Analyst I
Programmer Analyst II
Systems Admlnlstrator
Telecommunlcatlons Analyst
Youth Services Counselor
As of July 1, 1992, the Library, clerical and technical
employees, previously represented by AFSCME, Local 1634,
shall be represented by MEA. As a result, Library
employees who hold pos1t20ns In the followlng job
classiflcations will now be represented by MEA:
Admin1strative Staff Asslstant
Library Assistant
L1brary Inspector
Staff Assistant I
Staff Assistant II
Staff Assistant III
Staff Asslstant IV
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1. 02
1. 03
1. 04
1. OS
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As of July 1, 1993, the 'following classifications shall
be represented by MEA:
Airport Security Guard
Park Ranger
Pier and Harbor Guard
Water Laboratory Technician
In the event new job classifications are created the
Municipal Employee Relations Off~cer will notify MEA
prior to Personnel Board and C1ty Council cons1derat1on
of the new classif1cat~on specificat1ons. No
classifications currently represented by MEA shall be
excluded from the unit during the term of this MOU
except by mutual agreement.
Purpose
The parties agree that the purpose of this MOU 15: to
promote and prov1de harmonious relations, cooperatlon
and understandlng 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
conferrlng in good faith regarding matters w1thin the
scope of representation for employees represented by
MEA.
Term of Agreement
Th1S Agreement shall be effective as of July 1, 1993 and
shall remain in full force and effect until June 30,
1994. It shall be automatlcally renewed from year to
year thereafter unless e1ther party shall notify the
other 1n wr1ting not later than March 1st of 1994 and
each subsequent year that it desires to terminate or
modify this Agreement, and specifically indlcate
requested modificat1ons. In the event that such notlce
is g1ven, negotiations shall begin no later than April
15th with a signed contract deSlred by July 1st.
C1ty Council Approval
This MOU represents the mutual agreement of the parties
on the matters contained herein, but such agreement is
not binding on the parties unless or until ratified and
approved by MEA and unless or until ratified by
resolut1on duly adopted by the City Council of the City
of Santa Monica.
Recognized Employee Association Name
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1.06
1.07
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MEA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent employees
occupying line item position classifications set forth
in Exhibit A (which is attached hereto and made a part
hereof) pursuant to Section 3.04 (c) of Ordinance No.
801 (CCS). It is the mutual understanding of the
parties hereto that acknowledgment of MEA, as the
Recognized Employee Organization:
A. Does not preclude employees in such pos~tlon
classifications from representing themselves
ind~v~dually ln the1r employment relations w1th the
City.
B.
preclude or restrict the right of
officials to meet and consult with
in such position classifications
their employment relations with the
Does not
management
employees
concerning
C1ty.
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 w~thin the scope of
representatlon as outlined ~n Section 2.05 of Ordinance
No. 801 (CCS). This MOU constitutes the full and
complete agreement of the parties and there are no
others, oral or written, except as specified in this
Agreement. Each party, for the term of this MOU,
spec~flcally waives the right to negotiate for changes
herein, and agrees that the other shall not be required
to negotiate for changes herein, whether or not the
subJects were known to the parties at the time of
executlon hereof as proper subjects within the scope of
representation as outl~ned in Section 2.05 of Ordinance
No. 801 (CCS).
The wages, hours of work and other terms and conditions
of employment covered by this MOU. including those
wages, hours of work and other terms and conditions of
employment in existence pr~or to this MOU, although not
specif~cally referred to ln this MOU, shall constitute
the wages, hours of work and other terms and condit1ons
of employment for the term of th1S MOU.
Management Rights Reserved
The City retains all rlghts it had prlor to thls
Agreement except those r1ghts specif~cally delegated by
this Agreement; prov~ded that the C~ty shall exerc~se
those rights in compliance with applicable State law,
the Civil Service Provislons of the Municlpal Code, the
City Charter and the provlsions of this MOO.
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1.08
1.09
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Peaceful Performance of City Services
It is mutually understood and agreed that partic~pation
by any employee in a strike or a concerted work stoppage
terminates the employment relationsh~p in the absence of
specific written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of
the parties hereto will part~cipate 1n or
encourage, assist or condone any str~ke, concerted
work stoppage, cessation of work, slow-down,
sit-down, stay-away, illegal plcketing or any other
illegal form of lnterference 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, sit-down, stay-away, illegal picketing
or any other 111egal form of interference with or
l~mitation 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,
prohib1t the use of City facilit1es, and prohibit
access to former work or duty stations.
C. The protectlon of the public health, safety and
welfare demands that neither the employee
organization, nor any person acting in concert with
them, will cause, sanct1on, or take part in any
strike, walk-out, sit-down, slow-down, stoppage of
work, illegal picketing, retarding of work,
abnormal absentee~sm, wlthhold~ng of services, or
any other illegal interference with the normal work
rout1ne. The provisions of this article shall
apply for the same term as this Agreement, or
during any renewal or extension thereof. Violation
of any provislon of this MOU by either party shall
be cause to term~nate this Agreement, in addition
to whatever other remed~es may be ava~lable at law
or ~nequ~ty.
D. The City agrees that there shall be no general
lock-out of bargainlng unit members. Both parties
agree to exercise good fa1th in COmplY1ng with all
the terms and condktions of thlS MOU.
Valid1ty of Memorandum of Understanding
If any prov1s10n of this MOU is determined to be lnvalid
or illegal by a court of competent Jurisd1ction, then
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such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to, in
good faith, negotiate for the purpose of replacing any
such invalid or illegal provision.
Should any change be made in any Federal or State law,
or in any rules and regulations implementing such
legislation, or in any City Charter provis~on which
would be applicable and contrary to any provision herein
contained, then such provision of this MOU shall be
automatically terminated, but the remalnder of th1S MOU
shall remain in full force and effect. Such leg1slation
and/or rules and regulations shall supersede this MOU
and applicable clauses shall be subst1tuted 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.
Captions for Convenience
The captions herein are for convenience only and are not
a part of the MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Non-Discrimination and Equal Employment
It is agreed by both parties to this MOD that they w~ll
fully comply with all applicable local, State and
Federal laws, rules and regulations prohibiting
dlscrim~nation and govern1ng equal employment
opportunity. The Affirmatlve Action Program and the
Sexual Harassment Polley of the City of Santa Monica are
affirmed by both part1es to this MOU and incorporated by
reference herein. Both part~es also agree to abide by
the requirements of the Americans with Disabilit~es Act
(ADA).
Every City employee is expected to respect the dignity
of every other Clty employee and to refrain from any
actions, including the use of slurs or jokes regarding
sex, age, race, natlonal or~g~n, religion, disabil~ty or
sexual preference/or~entatlon which could be construed
as harassment. Harassment of fellow employees is a
v~olation of City pol~cy. No employment decislon shall
be made based upon an employee'S submission to or
rejection of such conduct. Anyemployee who believes
that he/she is the v~ctim of such harassment may file a
complaint pursuant to the process defined in Section
6.06C of this MOU.
Complaints of d~scr1minat1on by an appointed official of
the City, ~ncluding the City Manager, Clty Attorney or
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1.12
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City Clerk, may be made in writing to the City Council.
Complaints of a sensitive nature, including complaints
involving sexual harassment, may bypass any step of the
standard grievance procedure which involves a supervisor
or manager whose conduct is the subject of the
compliant.
Definitions
The following definitlons 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 D" 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 cont~ngent on satisfactory service.
Step A - 81% of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 100%
C. "Nearest DollarlT shall mean the next lower dollar
in a monthly rate when the computed amount is fifty
(50) cents or less and the next higher dollar when
the computed amount lS f~fty-one (51) cents or
more.
D. "Line Item Positlon" shall mean a position which is
(1)
spec1fically itemlzed ln
schedule of the annual budget
Santa Monlca and
the personnel
of the City of
(2) eligible to accumulate vacat1on, sick leave
and other time off in proportion to the
percentage of the full-t1me forty (40) hour
work week. Other fringe benefits shall be
provlded to part-time employees covered hereln
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as if they were employed on a full-time basis.
E. "Permanent Employees" shall mean
(1) A person who lS legally an incumbent of a
line-item position, full or part-time; or
(2) A former legal incumbent of a line-item
position on authorlzed leave of absence from a
regularly budgeted position which posltlon ~s
held pend~ng the employee's return.
The term "permanent employee" shall not be
construed to imply a guarantee of cont~nued
employment. However, no permanent employee shall
be denied the rlght to those due process
protections appropriate to their status under the
Munic~pal Code and City Charter and applicable
State law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into
a line-item position in the classif1ed servlce of
the City of Santa Monica, either by original
employment, reemployment or promotion. The date of
entrance for employees with broken service shall be
considered as that date on which the last unbroken
service ln the classiflcation was effect~ve.
G. "Satisfactory Servlce" shall mean the attainment of
an Overall Performance Ratlng of not less than
"Satlsfactory" 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
with~n the seven (7) consecut1ve days (i.e., seven
consecutlve 24-hour perlods) establlshed as the
work week for the affected employee(s).
(1) Incumbents of l~ne-~tem posltlons 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-tlme employment as the number of hours
budgeted for that posltion bears to the
full-t~me work week; ~ncumbents of line-~tem
posltions employed ~n 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
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provisions of'the article hereof relating to
overtime.
(2) Incumbents of l~ne-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 beneflts shall be provided to
part-time employees covered here~n as lf they
were employed on a full-tlme basis.
(3) For employees covered herein who hold
permanent positions at the Library, the full-
time work week shall be defined as forty (40)
hours, Monday through Saturday, as scheduled
by the City Librarian or his/her designated
representative. Sunday work shall be
compensated at the rate of t1me and one-half
(1-1/2) the normal hourly rate. It is the
intent of the City to assign Sunday work on a
volunteer basis. However, ~n the event there
are not enough volunteers to staff the Sunday
work at the Library, said work will be
assigned on an equitable basis among
employees.
I. "Pay" shall mean compensation for regular hours
worked, sick leave. bereavement leave, vacation,
holidays, compensatory time off and/or jury duty.
J. "In Pay Status" shall mean earnlng pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month ln Wh1Ch an employee has been in pay
status for eleven (11) or more working days.
L. "Working Day" as used in the sections of this
Agreement pertalning to vacation accrual (Section
4.02) and sick leave accrual (Section 4.03) shall
mean eight (8) hours.
M. "Compressed Work Schedule" shall mean a work
schedule ~n whlch a full-time employee is assigned
to work a total of e1ghty (80) regularly scheduled
work hours in n1ne (9), or less, days ln a given
two-week (i.e., two work week) period.
Overpayment Remedy
Permanent employees covered herein shall reimburse
Clty for any overpayment of wages or benefits.
the
Said
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1.14
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reimbursement shall not be required until the City
notifies the affected employee in writing. If the
overpayment was not the result of fraud or
misrepresentation by the employee, the overpayment shall
be reimbursed by payroll deductions over a time per10d
equal to the time period that overpayment was made, or
by any other reasonable repayment method mutually
acceptable to the City and the employee. If the
overpayment was the result of fraud or
mlsrepresentation, the overpayment shall be reimbursed
by ~mmediate lump-sum payroll deductlon(s). In any
event, a lump-sum deduction shall be required if the
next subsequent employee payroll warrant is the final or
termination warrant issued to the affected employee.
Payments at Termlnation
When permanent employees covered herein, who are
considered "non-exempt" under the Fair Labor Standards
Act, leave the service of the City of Santa Mon~ca, they
shall be entitled to lump sum payoff of vacation days
and any unused compensatory time. Employees considered
"exempt" under the Falr Labor Standards Act will be
entitled to a lump-sum payoff of vacation days but will
not be entitled to a lump-sum payoff of any unused
compensatory time. No clalm shall be made against the
City for the use or payoff of unused sick leave, nor
shall the effective date of termlnation be extended by
use of compensatory t~me, sick leave or vacation.
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ARTICLE II: COMPENSATION
2.01
2.02
Effective Date of Pay Increase
A. All negotiated pay increases and salary related
benefit increases specified In this MOU shall
become effective on the first day of the pay period
closest to the date stated in Sectlon 2.02 hereof,
except that when such date falls on the Sunday ln
the middle of a pay period, increases shall become
effective on the first day of the pay period
lmmediately following said effective date.
B. Period~c (step or merit) pay increases shall become
effective on the first day of the pay period in
which they are due.
Salaries
Salaries of permanent employees covered here~n shall be
on a monthly rate, paid on a biweekly equivalent basis.
In lieu of the biweekly equ~valent to a monthly rate,
the City Manager may flX the compensation of any
poslt~on at an hourly rate. In posit~ons for which the
work week is forty (40) hours, the hourly equivalent
shall be determ1ned by divid~ng the b1weekly rate by
eighty (80).
A. Effective July 1, 1993, the E-step salaries of
employees covered herein shall remain unchanged.
MEA agrees to a 0% cost of living adjustment in
recognltion of the City's current financial
situation.
B. Compensation and Classiflcat~on Studies
1. Compensatlon Studies
Employees holdlng a posltion in a job
classlficatlon represented by MEA will be
eligible to rece1ve an equ1ty adJustment 1f a
compensat~on study substantlates the need for
an equity adJustment to bring the salary range
of that job class~fication ~n line with the
mean salary pald the same or comparable job
class~fication found in c~ties comparable to
the C~ty of Santa Monica. A compensation
study will be based on the classlficatlon
speclficat~on approved by the Personnel Board
for the Job class~ficatlon be~ng studJ.ed and
w~ll be based on the maJority of the duties
- 10 -
.
.
and responsibilities held
classification. Compensation
take into account internal
based on a review of other
Monica job classifications.
by that job
studies may also
equity factors
City of Santa
The Personnel Department of the City of Santa
Monica will conduct the compensation studies.
Requests for compensation studies must be
submitted by the employee or MEA in writing,
using Personnel Department specif1ed forms, to
the Personnel Department by no later than
December 1 of the year preced1ng the
expiration of the MEA Memorandum of
Understanding (MOU). In its study, the
Personnel Department will consider any salary
comparison data provided by MEA or the
employee requesting a compensation study.
The Personnel Department shall make every
effort to complete compensation studies by
March 1 of the year following submission of
the request for the study. Resul ts of the
compensation study, including the supporting
rationale and the methodology used, will be
reported in writing to the requesting employee
and MEA. Should the compensation study
indicate that a given job classification is
currently belng pa1d above the mean salary
paid to the same or sim~lar job classification
found in comparable c1ties, the salary range
for that job classlfication will remaln
unchanged.
Equity adJustments will be subject to the
approval of the C1ty Council.
2. Classlficatlon Stud1es
If the duties and responsibilities of an
employee's posit10n have changed and are no
longer accurately described by the
classiflcation speclficatlon for hislher
posltlon. the employee or MEA may request that
the classiflcatlon spec1f1catlon be changed.
Such requests shall be made in writing, using
Personnel Department specified forms, to the
Personnel Department by no later than December
1 and shall set forth support1ng reasons. The
Personnel Dlrector, or his/her designee, shall
make a study of the position and report
h1s/her findlngs to the City Manager. The
Personnel Director wlll make every attempt to
complete all classificat10n studies by March 1
- 11 -
2.03
.
.
of the year following submission of the
request. The Personnel Board must approve any
modifications made to the existing
classification specifications and all new
classification specifications. Decisions as
to the reclassification of a position shall be
made by the City Manager and shall be final.
If classification specificat~ons are modified
in such a manner as to necessitate a change in
compensation level, said change in
compensat~on shall not be effective untll the
effective date of the next City budget. If an
employee is reclassified to a new job
classificat~on, said change shall not be
effectlve until the effective date of the next
City budget.
Overtime
Overtime for employees who are regularly assigned to
five (5) day, eight (8) hour per day work week and for
permanent part-time employees who regularly work less
than e~ght (8) hours in one (1) day and forty (40) hours
~n one (1) week shall mean work in excess of eight (8)
hours in one (1) day or forty (40) hours in one (1)
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 ~n excess of eight (8) hours or a work week
in excess of forty (40) hours shall mean work in excess
of the regularly scheduled number of hours in one (1)
day or ln excess of the regularly scheduled hours in one
(1) week, prov~ded such hours have had the prior
approval of an authorized management offic~al. All
authorlzed overtime shall be compensated for by cash
payment based upon one and one-half (1-1/2) times the
hourly rate equlvalent 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 tlme off at the rate of one and
one-half (1-1/2) hours off for such overtime provided
that such compensatory tlme off can be granted withln
the current flscal year. If compensatory tlme is
accrued and not taken by June 30 of any fiscal year, it
will be paid to the employee at the rate earned.
For employees covered here~n who hold permanent
positions at the Library, the full tlme work week shall
be defined as forty (40) hours, Monday through Saturday,
as scheduled by the City Librarian or his/her designated
representative. Sunday work shall be compensated at the
rate of time and one-half (1-1/2) the normal hourly
rate. It is the ~ntent of the City to assign Sunday
- 12 -
2.04
.
.
work on a volunteer basis. However, in the event there
are not enough volunteers to staff the Sunday work at
the Library, said work will be assigned on an equitable
basis among employees.
In the event that a holiday or a sick leave day falls on
a regularly scheduled work day for which the work hours
exceed eight (8) hours, the employee w~ll have the
opt~on of working, at straight-time, the number of
hour(s) needed to supplement the eight (8) hours of
holiday payor eight (8) hours of sick leave pay so that
the employee will rece1ve pay for the total number of
regularly scheduled work hours for that day. The extra
time worked by the employee shall be worked during the
work week in which the holiday or the sick day falls.
In no event may an employee'S work schedule be changed
to avoid the payment of overtime unless the employee
initiates the schedule change.
An employee who is directed to work on the scheduled day
off, shall receive time and one-half (1-1/2) for all
hours worked on that day.
Night Differentlal Pay
Shift differentials shall be as follows~
A. Seventy-five cents ($0.75) per hour for all hours
worked on the Shlft for employees whose regular
schedule requlres that the employee work at least
four (4) hours between 4:00 p.m. and 12:00
Midnlght, subJect to Subsectlons C, D and E below.
B. Ninety cents ($0.90) per hour for all hours
worked on a sh~ft for employees whose regular
schedule requires the employee to work at least
four (4) hours between 12.00 Midnight and 7:00
a.m., subJect to Subsections C, D and E below.
C. If any employee qualifles under both subsections A
and B above, Subsectlon B shall prevail.
D. Shift differentlals are not applicable when
scheduled hours are compensated as overtime.
E Shift dlfferentials are not applicable when the
employee is worklng the above hours as part of a
"split shift." "Split shift" is defined as: a
shlft of eight (8) or more hours ln a slngle day,
separated by a break of at least three (3)
non-working hours durlng the shift. Such employees
- 13 -
2.05
2.06
.
.
shall be paid the applicable shift differentlal.
established in Subsections A or B above, only for
the hours actually worked on that shift.
F. If, during the term of this Agreement, a higher
night shift differential is provided by the C1ty
Council to a~y other bargainlng unit, employees
covered herein shall receive the hlgher rate.
G. In lieu of the MOU provisions 11sted in subsect10ns
A through F of this section of the MOU, for
employees covered hereunder who hold permanent
positions at the Library, the follow1ng MOU
language shall apply:
1. A n1ght sh1ft d1fferential of forty (40) cents
per hour shall be paid to any line-ltem
employee whose regular schedule requires the
employee to work between the hours of 5: 30
p.m. and 9:00 p.m., provided that such
differential shall be paid only for such hours
worked between 5:30 p.m. and 9:00 p.m.
2. A differential of forty (40) cents per hour
shall be paid to line-1tem employees covered
herein for all regular hours worked in a Shlft
which is dlvided 1nto two (2) parts by three
(3) or more hours of non-working time as a
part of the scheduled shift. Such
differential shall not be paid in addition to
night shift differential or for overtime hours
beyond the scheduled shift.
Call Back Pay
Should the City call back any full-time employee covered
herein before or after his/her normal working hours to
perform work, the City shall pay not less than a m1nimum
of three (3) hours of pay, regardless of tlme actually
worked as a result of be1ng called back to work to
perform services for the City.
Sklll Pay
The following prov1sions exist for added payment for
special work assignments'
A. Registrat10n by State of Ca11fornia -- Plan Check
Engineers rece1ve an addltional $165.00 per month
above the1r base rate if they recelve official
reg1stration by the State of california. Such
registrat10n must be malntalned by the
employees and supplemented by regular, at
- 14 -
.
.
least annual, courses in the engineering
field of study, or the bonus will be stopped as
of July 1 of the next fiscal year. Courses
which will enable the employee to meet this
requirement are subject to Tuition Reimbursement.
B. ICBO Certiflcate Building Inspectors, Senior
Building and Housing Inspectors, Senior Electrical
Inspectors and Senior Plumbing/Mechanical
Inspectors, receive an additional $50.00 per month
if they receive an International Conference of
Building OfficialS certificate as a comb~nation
Inspector. Senlor Electrical Inspectors and Senior
Plumbing/Mechanical Inspectors rece~ve an
additional $25.00 per month if they receive a
certificate in their specialty from the ICBO.
Employees receiving such certiflcation must
maintain certification to continue to qualify for
the bonus. Such training or courses are subject to
Tuit~on Reimbursement.
C. Scuba Dive Pay Whenever the Public Works
Inspector is required to scuba dive in the course
of assigned duties a skill bonus of $45.00 per
month shall be paid for any month during which the
employee has performed such dlving. This beneflt
is payable only if annual recertification is
attained and 1f the employee has been assigned to
scuba dive.
Pier and Harbor Guards who are required to scuba
dive in the course of assigned duties shall be paid
a bonus of $75.00 per month for any month durlng
Wh1Ch the employee has performed such diving. This
benefit ~s payable only to Guards with valid SCUBA
certification cards, includlng regular recertifi-
cation, and if the employee has been assigned to
scuba dive.
D. Supervisory Dlfferent~al A supervisory
differential of 2.7% shall be paid to employees who
are assigned to regularly supervise other employees
ln the same Job classif~cation and who are not
covered under the terms of Sections 2.07 or 2.08
here1n.
E. Shorthand Bonus -- Where shorthand is determined
to be a bonaflde requlrement of a position in the
Staff Assistant job series, an additional $50.00
per month shall be included ~n the compensatlon of
the lndividual who holds the position and can take
dictat~on at seventy-f~ve (75) words per minute.
Recertification of this shorthand skill may be
- 15 -
2.07
.
.
required from time to time through examinatlon
administered by the Personnel Department.
F. Typing Bonus An employee occupying the
classification of Staff Assistant I, Staff
Assistant II, Staff Assistant III, Staff Assistant
IV, Administrative Staff Assistant, Fiscal Staff
Assistant I, Fiscal Staff Ass~stant II or
Transcriber Typist whose typing speed exceeds that
required for the positlon by twenty (20) words per
minute or more shall receive an additional $50.00
per month. Recertiflcation of th~s sk~ll may be
requlred from time to time through examination
administered by the Personnel Department.
G. Bilingual Bonus -- Qualified employees who meet the
criteria set forth herein shall receive a bilingual
skill pay of $50.00 per month. To receive
bllingual pay the following criteria must be met:
(1) The employee must be assigned to speak or
translate a language ln addition to English.
This may include specialized communication
skills such as slgn language.
(2) An employee must regularly utilize such skills
during the course of his/her duties or
upon request of City management.
(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
qual~fied and 1S not receivlng b~lingual skill pay
wlll not be required to utillze this skill except
in an emergency situation.
If, dur~ng the term of this Agreement, a higher
bil~ngual pay is prov~ded by the Clty Council to
any other barga~ning un~t, employees covered here~n
shall recelve the h~gher rate. In accordance with
this paragraph, an employee covered herein now
receives $100.00 per month if he/she qualifies for
bllingual bonus pay because of Span1sh language
skills. This change is retroactive to
July 1, 1991.
Pay for Tra~ning
An employee covered herein who is
by the supervlsor to traln a new
regulat10ns and procedures of
dutles of the new employee's
speciflcally assigned
employee in the rules,
the Department and the
posltlon, who may be
- 16 -
2.08
.
.
expected to communicate the new employee's progress to
the supervisor, shall receive Training Bonus of $0.50
per hour for each hour worked while so assigned provided
that the employee's classification specification does
not reference tra~n~ng or supervision as
responsibilities. It is not the City's intention to
avoid payment of this bonus where appropriate; however,
the bonus does not apply to informal "mentor"
relationships which may evolve between veteran and new
employees or to an isolated request to orient a new
employee to a piece of equipment or a procedure where
the task can be accomplished in a day or less.
Pay for Serving in Higher Job Classification
When, in the determination of the Department Head, lt is
necessary to speciflcally assign an employee the
significant duties and responsibilities of a higher
classification, the employee so assigned shall be
compensated as follows:
A. If the assignment is temporary due to the vacation,
sick leave or other temporary absence of the
employee in the higher classification, the employee
temporarily assigned shall be paid at the rate of
seventy-five (75) cents per hour for all such hours
assigned after the employee works a minimum of two
(2) consecutive work days in the higher
classificatlon aSSlgnment, with payment retroactive
to the first day. The City shall not rotate
employees in and out of higher position
classification asslgnments in order to avoid paying
sald compensation.
B. If the posltion to be filled is vacant and there is
no valid elig1ble 11st for the classification, the
Deparement Head, if helshe has lnitiated procedures
to fill the vacancy on a permanent basis, may
ass~gn an employee who meets the minimum
quallficatlons of the vacant position to fill that
position on a temporary detail (acting) basls. The
employee shall recelve the salary rate for the
vacant classlflcation at the lowest salary step
which provides an lncrease of at least 5% over
his/her current rate of salary. If an eligible
list exists for the vacant position, the Department
Head shall appolnt an employee from the eligible
list at the earllest possible date, and the
provisions of this paragraph shall be applicable to
the employee assigned to cover the vacancy in any
interim perlod.
C.
An employee
dutles and
to perform the
of a higher
speciflcally assigned
responslbillties
- 17 -
2.09
2.10
2.11
.
.
classification may, after
choose to return to the
provided that another
available to serve in the
twenty (20) working days,
original classification
qualified employee is
higher classificat~on.
Nothing in this Section shall require the City to make
temporary assignments of employees.
promotional Pay Rate
In the event that the rate of pay for an employee being
promoted is equal to or greater than the entrance salary
of the new position, the employee's salary shall be
increased to the next higher rate to that attalned in
the former position.
A reclassif~cation of a permanent employee covered
herein to a higher level job classification will be
considered a promotion and the employee's salary shall
be increased to the higher salary rate ln the new
classiflcation which provides a minimum of five (5)
percent salary increase, provided, however, that in no
event shall the salary rate exceed the maximum salary
rate for the new class1ficatlon.
Y-Rating
When a personnel actlon, e.g., demotlon due to layoff or
reclassif~cation, results in the lowering of the
incumbent employee's salary range, the incumbent
employee'S salary may be Y-rated. "Y-rated" shall mean
the ma~ntenance of the lncumbent employee's salary rate
at the level effect~ve the day preceding the effective
date of the personnel act~on placing the employee in a
lower salary range. The employee's salary shall remain
at such level unt1l the salary range of the new
classification equals or exceeds the Y-rated salary.
Court Standby
Whenever an employee has been placed in an on-call or
standby status wh1le off duty in response to a subpoena
or d~rective in relatlon to a matter that arose during
the course and scope of employment. the following shall
apply:
A. For (1) the f~rst court session (either morning or
afternoon) during a calendar day and (2) the second
court session durlng a calendar day where the
requ~red court appearance is ln connection with a
different matter than was involved ln the first
court appearance, employees shall receive
compensation as follows:
- 18 -
.
.
1. Employees who are" off-duty for the entire per~od
of the court session shall receive an amount
equal to three (3) hours of compensation at the
straight time rate.
2. Where the standby or on-call assignment
commences wi th~n three (3 ) hours prlor to the
beginning of the employee's regularly scheduled
work shift, the employee shall receive
compensation at the applicable hourly rate of
pay for all time transpiring between the
commencement of the standby or on-call
assignment and the time the regularly scheduled
work shift was scheduled to begin.
3. The provislons of this Section shall apply if a
standby or on-call assignment that is scheduled
to occur on an employee's scheduled day off
(including, for example an approved vacation) is
canceled less than twelve (12) hours in advance
of the time the assignment is scheduled to
begin.
4. The provisions of this Section shall not apply
if a standby or on-call assignment that is
scheduled to occur on an employee's scheduled
work day 15 canceled any tlme prior to the
commencement of the standby or on-call status.
B. For the second court sess~on in connection with the
same matter on that calendar day, the employee shall
receive compensatlon on an hour for hour basis at
the stra~ght time rate.
C. Employees who are called into court after having
been in an on-call or standby status shall be
compensated as follows:
1. An employee who is requ~red to appear in court
during the lnitial court session on a calendar
day that the employee is placed in an on-call or
standby status shall rece~ve appropriate premium
overtime compensatlon as provlded 1n section
2.03 of thls Agreement as if the court
appearance began at the time the on-call or
standby assignment commenced.
2. An employee who is ln an on-call or standby
status durlng the f~rst and second court
sessions and is required to appear in court
during the second court session shall receive
straight time compensation for the first court
sess~on ln accordance with paragraph A.l of thlS
Section and shall receive appropriate premium
- 19 -
.
.
overtime compensation for the second court
session in accordance with paragraph C.1 of this
Section.
- 20 -
.
.
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Medical Insurance
Effective July 1, 1993, the C~ty agrees to pay up
to a maximum of $475.00 per month towards the cost
of medical insurance coverage for employees and
eligible dependents provided that employees
covered herein participate in the City-offered
medical insurance programs. The cost of medical
insurance coverage will be set each January 1st and
will be a "composite" monthly insurance prem~um
derived by dividing the total monthly insurance
premium for all medical plans offered by the
City, except the PERS PORAC medical plans, by
the total number of employees enrolled in said
medical plans as of January 1st. Any extra
payment requ~red under such plans shall be pa~d
by the employee electing such coverage.
In the event that the contributlon "cap" does not
cover the cost of medical insurance coverage for
employees and el1gible dependents, the City agrees
to meet and confer with MEA. If the Clty wishes
to lmplement changes ln the current levels of
coverage provided under the City-offered
medlcal plans, and ~f said changes are at the
volltion of the Clty, the City must meet and
confer w~th MEA Any mandatory, non-optional
change (s) ~n coverage levels required by medical
lnsurance carrler(s) wlll be referred to the
City-established Health Insurance Committee for
rev~ew prlor to the effective date of said
change(s) ~n a good faith effort to reach
agreement on the manner of implementation.
The City and MEA agree that
benefit from any premium savings
the implementation of a new
program (Trlple Optlon Plan and
The follow~ng procedure will
determine savings, lf any, and,
savings, how sald savings w~ll be
employees should
WhlCh accrue from
health insurance
Kaiser) in 1994.
be utillzed to
in the event of
distr~buted.
(1) The actual medical lnsurance premlum costs for
1993 for non-safety employees shall be
compared aga~nst the Clty'S actual premlum
costs for the new Triple Option Plan and
Kalser for those same employees.
- 21 -
.
.
(2) If there should be any premium savings between
1993 and 1994, each employee's share of the
savings will be determined by dividing the
total amount of the savings by the total
number of City employees (non-safety)
participating in the City's medical insurance
program. Each employee's share of any sav~ngs
will be paid to the employee by no later than
March 1, 1995. Prior to this payment, the
City will meet and confer wlth MEA and the
other City bargaining units to determine the
method by which said payment will be made
(e.g., lump sum, contributlon to deferred
compensation plant etc.).
In the event the medical insurance prem~ums for the
Triple Option Plan for 1995, and any subsequent
calendar year, should be less than the actual City
medical insurance premiums for 1993, the savings
will be handled in accordance with the same
procedure, outlined above, with the payment being
made to the employees by no later than March 1 of
the following calendar year.
Should either the state or federal government pass
legislation mandating all employers to participate
in a national or statewide health care plan, it is
agreed that the Clty will meet and confer with MEA
regard~ng the implementation of that legislation
and the lmpact that said legislation will have on
mandatory subjects of the meet and confer process.
B. Dental Insurance
Dental insurance coverage shall be prov~ded at no
cost to employees and the~r eligible dependents
prov~ded that employees covered herein part~cipate
ln the City-offered dental insurance programs.
Co Vlsion Insurance
The C1ty agrees to provide v1sion care insurance,
at no cost, to employees covered herein. The City
retains the right to select the provider and to
set the levels of coverage for said vision care
insurance plan. The City also retalns the right
to change the provider of said vision insurance
plan and/or the level of beneflts provided under
that plan without meet~ng and conferring.
- 22 -
3.02
3.03
.
.
Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it is understood and
agreed that such membersh1p will be mainta~ned and the
employee eligibility, classification, contributions, and
benefits are as prescribed in the contract between the
City and the Public Employees' Retirement System
heretofore approved by the Santa Monica City Council.
The City shall contlnue to pay on behalf of each
employee covered by this Agreement an amount equal to
the individual employee's share of the required
retirement contributions to PERS (i.e., 7% of the
employee's "compensation" as defined by law). For the
three (3) employees who were h~red as ID Technic~ans
pr~or to 1963 and who elected to be "grandfathered" into
the Safety retirement system, the City shall pay on
behalf of these employees an amount equal to the
individual employee's share of the required retirement
contribution to PERS (i.e., 9% of the employee's
"compensation" as deflned by law). For the Fire Safety
Specialist who is a member of the Safety retirement
system, the City shall pay on behalf of said employee an
amount equal to the indlvidual employee's share of the
required contribut~on to PERS (~ . e. , 9% 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 ord~nary ~ncome and thus, will not
withhold Federal or State lncome tax therefrom. The
City's practice will be to report these payments as
being those of the employee so that they will be
credlted to the partlcular employee's individual account
with PERS and upon termlnation 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 observe the provlsions of Section 1.09
of this MOU.
Tuit~on Relmbursement and Tra~n~ng
The City and MEA agree that education and training may
enhance an employee'S Job performance and prepare the
employee for career advancement within the City. To
- 23 -
.
.
that end, the City and MEA encourage employees to take
a~vantage of City-sponsored training programs and of the
tuition reimbursement program that provides an incentive
to take courses on the employee's time.
The employee and his/her supervisor should document
objectives for training and education during the annual
performance review referenced in Section 5.02 herein.
These objectives should form the basis for selectlon of
specific training seminars and academic or technical
courses during the course of the fiscal year.
In any fiscal year during the term of thls MOU,
employees covered herein shall be entitled to training
and tuition reimbursement on the following basls:
A.
One (1) City-paid training course
performance evaluation objectives, to
at the Department's convenience during
either on or off-site.
supported by
be scheduled
work hours,
B. Notification to employees of special City-conducted
classes held in conjunction with examinations for
non-traditional Jobs. These classes may be
scheduled during work or non-work time.
C.
Reimbursement of up to $1,000.00
for educational courses supported
evaluation objectives, and related
(exclusive of parking, room and
following basis:
per fiscal year
by performance
study materlals
board) on the
(1) The course shall be cert1fied by the
Department Head and Personnel Director if it
is conSlstent wlth the career development
objectives of the employee's most recent
performance evaluation.
(2)
The study
qualiflcation
represented in
enhancement of
performance.
course
for
the
the
must be directed to
an employment posltion
City workforce or to
employee'S current Job
(3 )
The employee
expectatlon of
position upon
study course
enrollment.
must exhibit some reasonable
quallfying for another City
successful completlon of the
lf that was the reason for
(4) Re1mbursement shall be made only ln
lnstallments upon successful completion of
prescribed units of study required by study
course approved.
- 24 -
3.04
3.05
. .
(5) In the event a portion of the tuition and
study material is paid by an outside source of
aid, the C~ty's reimbursement shall be lim~ted
to the difference between the cost of the
course less the amount of outside aid up to
the maximum reimbursement hereln provided.
(6)
Only employees who have completed
initial probationary period with the
shall be eligible for this program.
their
City
(7) Courses for which tUltion relmbursement will
be made must be taken on the employee's time
or on authorized vacation leave.
D. The City will maintain a computer record of each
employee'S training and tuition relmbursement
course completions, which record shall be made
ava~lable to the employee for use in maklng
application for other City positions.
Deferred Compensation
It lS hereby agreed that employees covered herein will
be offered partlc~pation in the C~ty's deferred
compensation plan.
Uniform Allowance
A. Employees covered herein, ~f requlred to wear a
unlform and such uniform lS not furnished by the
City, shall recelve a monthly uniform allowance of
$40.00, and shall prov1de and wear at all tlmes
while on duty the un1form prescribed by their
respect1ve Department Heads.
In additlon to a contlnuation of the current
monthly unlform allowance descrlbed in the first
paragraph of Subsection A, above, the City will
provide one (1) new unlform each fiscal year for
the follow~ng job class~flat~ons: Communication
Operator II, Parklng Checker, Community
Services Officer II, Community Services Officer
I, Park Ranger, Anlmal Control Officer, Airport
Securlty Guard, Pier and Harbor Guard, and Jailer.
Each new hlre ~n any of these classifications, upon
appointment, will be supplied a complete uniform
and equ~pment required for the position.
B.
Upon request the
malnta~n coveralls
City
to
and
are
agrees to furnlsh
those employees who
- 25 -
3.06
3.07
.
.
required to do work that may cause damage to thelr
personal clothing.
C. Except as provided in Subsection A above, the City
will provide and maintain any required uniform, and
employees shall be required to wear such uniforms
at all times while on duty.
Unlform specifications for employees currently covered
by this Section will not be changed during the term of
this MOU except by mutual consent of the parties.
Mileage Reimbursement
Reimbursement to employees for authorized use of
personal automobiles on City business shall be at the
rate established by the C~ty Council.
Sick Leave Buy Back
Employees covered herein shall have the annual option to
be paid for certain unused sick leave on the terms
noted below or to "bank" unused sick leave.
Payment at the employee's base salary for the
flscal year durlng which the slck leave was earned but
not used, excluding any speclal 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
twelve (12) days. For the purposes of this Section,
"bank" shall mean s~ck leave earned in prior years
and reported in the "Sick Leave Balance Brought
Forward from Pr~or Contract Year" column of the
"Vacation, Sick Leave and Compensatory Time" report
issued by the Flnance Department at the beg~nning
of the fiscal year durlng which payable sick leave is
earned.
Annual sick leave payoffs under thlS Section for
employees with less than ten (10) years of service
shall be made according to the following schedule:
- 26 -
.
.
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under thlS section for
employees with ten (10) or more years of service
shall be made according to the following schedule,
providing there are enough sick days accrued in the
employee's sick leave bank to cover the payoff described
below:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8
9
10
11
12
13
14 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 tlme off not appropriately scheduled
ln advance will disqualify an employee from
eligibility for payment under this Section. There will
be an exception to this MOU provision for employees
covered hereunder who work a compressed work schedule.
Employees assigned to work a compressed work schedule
w~ll be allowed to use Code 40 or other paid leave time,
including vacat10n leave, compensatory t1me or personal
leave day hours, to supplement the eight (8) hours of
paid s1ck leave in order to receive a full day's pay for
a slck day. The use of Code 40 or other paid leave tlme
ln this manner by an employee asslgned to a compressed
work schedule will not d1squalify the employee from
being eligible for sick leave Buy Back.
- 27 -
3.08
.
.
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 "bank").
Long Term Disability Insurance
As of January 1, 1993, the City agrees to maintaln a
long term disability insurance plan for permanent
employees covered hereunder at no cost to the employee.
The long term disability insurance benefits wlll be
equal to 60%' of either the employee's base salary or
$6,667.00 per month, whichever amount is less, reduced
by the employee's income from other sources.
- 28 -
.
.
ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered herein shall receive pa~d holidays as
hereinafter provided:
New Year's Day (January 1)
Martin Luther King'S Birthday (Third Monday in
January)
Lincoln's Birthday (February 12)
Washington's Birthday (Third Monday ln February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
The Friday following Thanksgiving
The half day immediately before Christmas Day
Christmas Day
The half day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by City Council
In addition, the Library shall close by no later than
5:30 p.m. on the day before the Thanksgiving holiday and
the day before the New Year's Day holiday.
A floating holiday becomes available at the beginning of
each fiscal year and must be taken before the end of
that fiscal year. If taken off, a floating holiday must
be used in lieu of a regularly scheduled work day and
cannot be taken off in hourly increments. A floating
holiday not taken by the end of the fiscal year shall be
paid to the employee on the f1nal paycheck at f1scal
year end. A float~ng hol1day wh~ch is cashed out at the
end of the fiscal year shall be pa~d in an amount equal
to eight (8) hours at the employee's straight-time base
salary rate of pay.
Employees ln departments or divislons currently
observing dlfferent hol~day schedules shall, in lieu of
the holidays listed above, receive holldays enjoyed by
other operating employees ln that particular department
or d~vision, prov~ded, however, that the same number
of holidays (12) shall be observed.
Whenever any day Ilsted
upon the first or second
two (2) consecutive days
deemed the hol1day 1f it
herein as a paid holiday falls
day off of any employee who has
off, the day preceding shall be
falls on the f~rst day off, and
- 29 -
4.02
.
.
the day following shall be deemed the holiday if ~t
falls on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon the first, second or third day off of any employee
who has three (3) consecutive days off, the day
preceding shall be deemed the holiday if lt falls on the
first day off, and the day following the third day off
shall be deemed the holiday if it falls on the second or
third day off in lieu of the day listed.
Whenever any day listed herein as a paid
upon any day off of an employee who does
(2) consecutive days off, the follow~ng
deemed the holiday for such employee.
holiday falls
not have two
day shall be
Whenever any day listed herein as a paid holiday falls
upon any day other than Saturday or Sunday when a City
facility (including department, dlvision or work unit)
is already scheduled to be closed to the public because
of the adoption of a compressed work schedule, employees
who work at said City facility will receive a floating
holiday in lieu of the day listed as the paid holiday.
This floating holiday cannot be accrued and carried over
to the next fiscal year, and the floating holiday cannot
be cashed out at the end of the fiscal year. This
floating holiday must be taken by the end of the fiscal
year in which it is granted to the employee or be
forfeited.
Time worked on an authorized paid holiday shall be
compensated for at the hourly rate equivalent of the
monthly salary for the time worked up to and includlng
the number of hours the employee normally works on any
work or duty day. Such time worked in excess of the
hours of the employee/s normal work or duty day, except
part-time permanent employees, shall be compensated at
one and one-half times the hourly rate equivalent of the
monthly salary.
Vacation Leave
Each employee covered here~n shall accrue vacation leave
with pay on the followlng basis, provlded that permanent
part-time employees shall accrue vacatlon in that
proportion as the number of hours budgeted for that
pos~tion bears to the full-time work week:
A. Following completion of the first six (6) calendar
months of continuous service, six (6) working days.
- 30 -
4.03
.
.
B.
Thereafter, up to arid including five (5)
years of service, one (1) working day
completed calendar month of service.
completed
for each
C. Thereafter, up to and including ten (10) completed
years of service, one and one-quarter (1.25)
working days f~r each completed month of service.
D.
Thereafter, up
completed years
working days for
service.
to and includ1ng flfteen (IS)
of service, one and one-half {1.5}
each completed calendar month of
E.
Upon completion
and thereafter,
working days for
service.
of fifteen (15) years of service
one and three-quarter (1.75)
each completed calendar month of
F. Accrual of vacation leave shall not exceed forty
(40) days.
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
prov1sions of the Santa Monica Mun1cipal Code.
Sick Leave
A.
The use of slck leave shall
Section 2.04.570 of the Santa
Code, hereby incorporated as 1f
herein, except as follows:
be deflned as in
Monica Municipal
set forth in full
Sick leave shall be deflned as absence from duty
because of the employee'S illness or off-the-job
inJury, exposure of the employee to contagious
dlsease as eV1denced by certificatlon from an
accepted medical author1ty, medical or dental
appointments of the employee or the employee'S
dependent children wh1ch could not be scheduled'
during non-work hours, with proper advance
notification to the Department Head, or illness or
injury of any member of the employee's household.
B. Employees covered hereln shall accrue s1ck leave
with pay on the followlng basis, provided that
permanent part-time employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the posltion bears to the full-time
work week:
- 31 -
4.04
4.05
4.06
. .
(1) Following the completion of the first s~x (6)
calendar months of continuous service, six (6)
working days.
(2) Thereafter, one (1) working day for each
completed calendar month of service.
C. No more than one hundred thirty (130) working days
may be applied against slck leave for anyone (1)
illness.
D. Any employee who is absent because of sickness or
other physical dlsability shall notify his/her
Department Head or other immediate superior officer
as soon as possible but in any event ~n accordance
with department rules and regulations.
E. In the event that a sick day falls on a regularly
scheduled work day for which the work hours exceed
eight (8) hours, the employee will have the option
of working, at straight-time, the number of hour(s)
needed to supplement the eight (8) hours of sick
leave pay so that the employee will receive pay for
the total number of regularly scheduled hours for
that day. The extra time worked by the employee
shall be worked during the work week 10 which the
sick day falls.
Leave of Absence Without Pay
An employee covered hereln may be granted a leave of
absence without pay upon application approved by the
Department Head and the City Manager. A leave of
absence may not exceed one (1) 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 lt desirable for the City to retain
his/her services even at the cost of some inconvenience
to the City.
Military Leave
The C~ty will observe the military leave requirements of
State and Federal law.
Workers' Compensat~on Leave
Any employee covered herein who is receiving disability
payments under the "Workers' compensation Act of
California" (for on-the-job injuries sustained while
engaged in the performance of the duties of any such
posit~on) shall receive from the City during the first
- 32 -
4.07
4.08
.
.
sixty (60) days of such disability absence, payments in
an amount equal to the difference between the disabil~ty
payments received under the Workers' 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
d~sability absence.
Jury Duty
A. Where operatlonally possible, any employee covered
herein called to jury duty shall, for
administrative purposes, be placed on a Monday
through Friday work schedule, which lncorporates
the operat~onal hours of the court, for the
duration of his/her jury duty.
B. When called to serve on any jury, the employee
shall receive his/her regular base compensation,
less all jury fees received, excluding mileage, for
the regularly scheduled work time required to be
spent in court _ Proof of jury service may be
required before compensation is made under this
section.
C. Each employee receiving a notice to report for jury
service shall immediately notify his/her immediate
supervisor and cooperate with any request by the
Department Head to request a delay in the required
service to accommodate ~mportant department work in
progress.
D.
Whenever
employees
assignment
hours.
dally JUry duty scheduling permits,
shall return to their regular daily Job
to complete their regular daily work
Bereavement Leave
Bereavement leave of not more than five (S) working days
wlth 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,
parent-in-law, son-~n-law, daughter-in-law, step-parent,
step-brother, step-slster, grandparent or grandchild.
In addition, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
duty due to the death of any member of the employee'S
household.
- 33 -
4.09
.
.
Personal Leave Days
Two (2) days of leave each fiscal year may be used for
personal matters. This leave shall be charged against
accrued sick leave. This leave shall be granted in
units of not less than two (2) hours, and only ~f
accrued sick leave is available. This leave shall not
be accruable from year to year if not used ~n any given
year.
In addition, two (2) days of leave each fiscal year may
be used for personal matters, with said leave not to be
charged against accrued sick leave. This leave shall be
granted in units of not less than one-half (1/2) of the
number of hours that would constitute the employee's
regularly scheduled work day. For example, if the
employee's regularly scheduled work day is eight (8)
hours in length, said leave shall be granted in units of
not less than four (4) hours. Scheduling of days off
shall be done with prior approval of the employee's
supervisor, providing that request for time off shall
not be unreasonably denled. Denials of time-off shall
be in writing and shall state the reason(s) for the
denial and shall propose alternate dates for the time
off that has been requested. The employee may agree to
the proposed alternate date(s) or make a request for a
dlfferent day off. The employee shall not unreasonably
refuse to agree to proposed alternate date(s). The
employee shall have the r~ght to challenge the denial of
tlme off through the Gr~evance Procedure. Unused
personal leave days that are not charged to sick leave
shall not be accruable from year to year ~f not used in
any given year, nor shall the employee be compensated
for unused days at the end of the fiscal year unless the
sUpervlsor and the employee could not agree upon the
schedullng of sald leave days during that fiscal year.
If an employee has been unable to use said personal
leave days as a result of leave being denied by the
employee's superv~sor, the Department Head shall certify
same by letter accompanYlng the f~nal timecard of the
fiscal year, and the employee shall be paid the straight
tlme value of the unused personal leave tlme at the
employee'S base rate.
A paid personal leave day shall mean e1ght (8) hours at
the employee'S stralght-time base salary rate of pay.
Employees covered hereunder who are on a compressed work
schedule will be allowed to use personal leave days in
units of less than two (2) hours or less than four (4)
hours for the purpose of supplementing eight (8) hours
- 34 -
4.10
4.11
.
.
of paid vacation or eight (B) hours of sick leave ln
order to receive a full day's 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 totaling 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. Paid
vacation leave and sick leave, if applicable, as well as
unpaid leave shall be counted toward the four (4) month
total. Additional leave may be requested under the
provisions of Section 4.04 of this MOU.
Maternity leave is not the same as parental leave and
shall be administered in accordance with State and
Federal law. When an employee returns to work following
maternity leave, said employee shall be reinstated to
her former position.
Family Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rights
Act {CFRA) and the Federal Family and Medical Leave Act
(FMLA) for all employees covered herein. These statutes
shall supersede and be implemented in lieu of any
contract language or City policy/practice which provides
a lesser benefit.
Before the ~ssuance of any administrative regulat~ons
pertalning to leave under the CFRA or FMLA, the City
agrees to d~scharge its meet and confer obligation with
MEA.
When granted famlly leave, the employee may choose to
use available accrued slck leave at his/her discretion.
- 35 -
.
.
ARTICLE V: WORKING CONDITIONS
5.01
5.02
Safety
The City shall make every reasonable effort to provide
and maintain a safe place of employment. The City shall
provide and maintain all equipment required by
applicable safety laws and regulations and shall comply
with all other applicable health and safety laws and
regulations. Employees shall report unsafe practices,
equipment or conditions to their supervisors. The use
of safety devices and protective equipment provided by
the City shall be mandatory.
An employee who is directed to perform a task WhlCh 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 Marshal, County health
officials, or State health officials as appropriate.
During the period of reVlew 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 approprlate dut~es, if
possible.
If the task complained of is deemed safe by the
appropriate official, the employee shall then perform
the work as lnstructed.
The City shall contlnue to consult with a comm1ttee of
vldeo d1splay termlnal users, at least one (1) of whom
shall be an MEA representative, regarding work
environment and other concerns of individuals who spend
half or more of their work week using VDT's.
Effect of Job Performance on Salary
A. The parties hereto agree that one purpose of a
performance evaluation is to record and place 1n
perspective accomplishments and deficiencies in an
employee's performance which have previously been
discussed by the employee and supervlsor during the
period of time covered by evaluation. In addition,
the performance evaluatlon lS an opportunity for
the employee and supervisor to set and dlSCUSS
goals and objectives for the next evaluation
period, both in regard to the employee'S Job
performance and in regard to his/her career
- 36 -
5.03
5.04
.
.
development within' the City. To that end, MEA and
the City have developed the Performance Evaluation
form attached hereto as Exhibit B, consisting of a
pre-interview worksheet and a performance rating
form.
B. The City Manager, in exceptional cases, based upon
specif~c appraisal of the ~mportance and dlff~culty
of the work and the experience and ability of the
person to be employed, or of the incumbent, may
authorize an entrance salary step higher than the
mlnimum, and spec1al step increases in the salary
schedule for the class and length of service of the
incumbent. In no event, however, shall the rate
exceed the maXlmum rate for that class.
C. Notwithstanding any provlsions contalned here~n,
there will be no increase in wages of any kind as a
result of a NOT ACCEPTABLE rat~ng 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 (2) consecutive
performance ratings are marked NOT ACCEPTABLE, the
employee shall be d~smissed by the appointing
authority for inefficiency (SMMC Section
2.04.490). Any overall rat1ng in the BELOW
SATISFACTORY category may delay the next
scheduled salary increase at the dlscretlon of
the appoint~ng authority. Such action shall
remain ln effect until the rating has been
improved to at least a SATISFACTORY level.
Effect of Reass1gnment!Recertlflcation on Bonus/Skill
Pays
When a "bonus," "sk~ll," or addltional pay referenced in
Sections 2.04, 2.06, 2.07 or 2.08 is the result of
asslgnment to specified dutles 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 requ~red registratlon, certificate or
credential shall not constitute a demotion, pursuant to
Section 2.04.680 of the Mun1c1pal Code.
Employee Parklng
It is hereby agreed that the City will make every effort
to mainta~n free parking as it presently exists for City
employees at City facilities. The employees covered by
th~s Agreement recogn~ze that the City must comply with
- 37 -
5.05
.
.
Regulation XV issued by the Air Qual1ty Management
District (AQMD) and the City's Transportation Management
Plan Ordinance. If the use of pos1tive incentives does
not result 1n the City meeting the compliance
requirements of AQMD's Regulation XV or the City's
Transportation Management Plan Ordinance within one (1)
year of the effe~tive date of th1s Agreement, it is
understood that the City can implement a charge for
employee parking 1n an effort to meet those
requirements. In addition, if it should become
necessary to charge for parking during the term of th1s
Agreement 1n order to comply with any other State or
Federal requirement regard1ng transportation management,
the City can implement said charge. However, in no
event shall the City implement such a charge for parklng
without meeting and conferr1ng with MEA should any
employee(s) represented by MEA be subject to such a
charge.
Personnel Files
The City shall maintain one and only one official
personnel file for each employee covered herein. Sald
file shall be kept in the City's Personnel Department.
All personnel actions shall be based solely on the
contents of the offic1al personnel file except that
there shall be no requirement that employee counseling
documentation be included 1n said file until such t1me
as other personnel actions relying upon the employee
counsellng documentatlon lS taken, providing that the
employee has received a copy of sald employee counsellng
documentat1on. However, thls does not preclude an
appo1nting authority from taking disc1pllnary action for
an lncident for wh1ch there 18 no prior documentation as
long as the disciplinary actlon is warranted and is
based on just cause. Progressive discipline will be
followed with the disciplinary action taken being
dependent upon the severity of the incident on which the
dlsciplinary action lS based.
An employee covered herein shall be entitled to reV1ew
the content of his/her City or departmental personnel
file at reasonable lntervals prov1ded that the employee
schedules an appolntment, at least twenty-four (24)
hours in advance, during the regular business hours of
the office in which the files are maintained.
No material shall be placed 1n an employee's
departmental personnel file without having been
the employee. An employee may prepare a
response to any such material and such response
filed wlth the orlginal material.
City or
shown to
written
shall be
- 38 -
5.06
5.07
.
.
Materials placed in the official personnel file shall be
placed within said file within thirty (30) days. If an
employee believes that material contained in h1s/her
personnel file was not timely and/or is not accurate,
he/she may petition the Personnel Dlrector, ~n writlng,
to remove the material in question from the file. The
Personnel Director shall respond, in writing, wlthin
fifteen (15) working days. Both the employee's request
and the Personnel Director's answer shall contain a
statement of reasons. If the Personnel Director so
determines, the material in questlon shall be removed
from the employee's personnel file. If it is the
Personnel Director's determination that the material
remain ~n the personnel file, the employee may place a
written statement regarding said material in the
personnel file.
Reprimands and warnings which become part of an
employee's official personnel file may be referenced in
the employee's next performance evaluation.
Job Sharing
The City of Santa Monica endorses the concept of job
sharing to encourage the participation of half-time
workers in the City. Department off~cials shall make
reasonable effort to accommodate an employee's request
to job share. Upon recelpt of a request, the Department
may assign the employee to a half-time schedule, if
practicable, pending identiflcatlon of a qualified
lnd~vldual willing to occupy the remaining half-time
position.
Noth~n~ In this provis~on shall require a Department to
ma1ntaln a Job-share 1n a s~tuatlon where a full-time
position is budgeted and, after two (2) months of
reasonable effort to recrult an individual to occupy the
other half-t~me posit~on, such efforts are unsuccessful.
An incumbent of a job-share may return to a full-time
schedule when the other half-time position becomes
vacant or by appl~cation for and acceptance as a
transfer to a vacant full-time position.
An employee who lS denied a job-share is entitled to
receive the reasons for denial.
Work Schedules
Except in case of an emergency, an employee shall be
prov~ded with fifteen (15) days advance notice or a
change in his/her regularly scheduled work hours. Such
a schedule change shall first be offered to qualified
volunteers.
- 39 -
.
.
In the case where the City contemplates creatlng a new
work schedule for a given classification that was not in
existence prior to July 1, 1989, the City agrees to
refer that matter to a joint labor-management committee,
comprised of equal representation of MEA and the City,
selected respectively by MEA and the City. The number
of representatives selected by MEA shall not exceed the
number of representatives that MEA is entitled to have
under Ordinance No. 801 (CCS).
The committee shall then meet and confer on the manner
in which a proposed new work schedule would be
implemented. The meet and confer process shall occur
during the forty-five {45) day time period following
notification to MEA by the City of its intent to
1mplement a new work schedule for a given
classification. In the case of an emergency, the meet
and confer process shall not apply when a new work
schedule is to be implemented. At the conclusion of the
forty-five (45) day meet and confer process, the flfteen
(IS) day notification period required by this Section
shall still apply.
Nothing in this Section shall preclude the City from
1mplementing a new work schedule should the meet and
confer process not result ln an agreement by the parties
by the end of the forty-five (45) day meet and confer
perlod.
The transfer of an employee from one work schedule to a
work schedule that already existed as of July 1, 1989
for that employee's classlf1catlon shall not be subject
to the meet and confer process.
In those cases where a permanent employee desires to
modify his/her work schedule to accommodate specific
work schedule needs of the employee (e. g., dependent
care arrangements) that do not fall within the normal
work schedule established for the employee's position,
the employee shall submit a request for a work schedule
modificatlon to his/her Department Head. As long as the
operation needs of the Department and the City will
st1ll be met, upon approval of the Department Head, the
employee's request shall be approved. If it should be
later determlned that the operational needs of the
Department and the City can no longer be met with the
employee's modified work schedule, the employee shall
recelve at least thlrty (30} days' notlce that his/her
modified work schedule can no longer be continued. In
the event that the employee cannot change his/her
outside scheduling needs to fit within the regular work
schedule established for his/her position, the City wlll
make every reasonable effort to place said employee in
another like poslt10n where the employee's spec1flc
- 40 -
5.08
5.09
.
.
scheduling needs can be accommodated. While nothing in
this Section requires that the employee's modified work
schedule be granted or that the employee be transferred
to a like position to meet the employee's outside
scheduling needs, requests shall not be unreasonably
denied.
If an employee's request for a modified work schedule is
denled and if the employee does not agree Wl th the
decision that has been reached, the employee can grieve
such decision under Subsection D of Section 6.07
(Grievance and complalnt Procedure) of this Agreement.
Failure to successfully transfer an employee under this
Section will not be grievable.
Energy Conservation
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered herein who submits, on a City-provided
form, a record of his/her trips (home to worKsite or
worksite to home) during the preceding month. The
Santa Monica Mun1cipal Bus Line Route Number and the Bus
Number used for each trip must be entered on a City-
provided form.
Any employee who has not been issued a City parking
pass, or who voluntarily turns in his/her parking pass
to the Personnel Department and does not drive to work
for a period of not less than one (1) month shall be
eligible to receive two (2) tokens for each working day
ln the month under the terms descrlbed above.
It is understood and agreed by the parties hereto that
such tokens are for the exclusive use of the employee
and hiS/her family or friends and are not to be resold.
Clerical Classificatlon Revislon
Employees who chose to retain classification titles and
pay rates ln effect prior to the 1983 clerical
reclasslfication shall contlnue to be entitled to
receive any and all regular step increases, merit
increases, cost-of-llving lncreases and benefits
negotiated by the City and MEA and to retain their
classification titles until they leave City service or
promote within the City. In the event of a layoff and
subsequent reemployment, such employees may agaln
exercise thelr right to elect either the classification
they retained or the new classificatlon.
- 41 -
5.10
5.11
5.12
.
.
Layoffs
provisions of the Santa Monica Municipal Code govern1ng
layoff or abolition of a permanent position are hereby
incorporated in th1s Agreement by reference.
MEA will be provided with thirty (30) days' notice of
the layoff of permanent MEA employee(s) or of the
abolition of position (s) held by permanent MEA
employee (s) .
promotion
If, upon promotion, an employee represented herein fa11s
to satisfactorily complete hls/her probationary period
in the position to which he/she has been promoted, or
during the probationary period wishes to return to
hislher former position, he/she shall have the right to
return to his/her former position, if vacant, or to a
comparable pos1tion in the same job classification if a
vacancy exists. If no vacancy exists, the employee will
have any reappointment rights to his/her former position
as provided by the Santa Monica Municipal Code (Section
2.04.450).
Probationary Period
Any appointment made from an eligible list shall be
subJ ect to a probationary period of six (6) months.
However, upon the determination of the appointing
author1ty, said probationary period can be extended for
up to two (2) addit10nal six (6) month periods. The
probationary period of an employee may be extended by
the appointing authorlty if:
A. A license, registration, or certification is
required before permanent status may be granted,
provided there 1S a reasonable expectation that the
license, reglstratlon, or certificatlon will be
awarded during the extenslon.
B. The employee has had a number of supervisors during
the probatlonary perlod, none of whom can
rea11stically evaluate the probationary employee's
performance.
C. The employee, or the employee'S immedlate
supervlsor, was on leave for a significant portion
of the probationary period.
D. The employee's probat1onary period involved work on
a spec1fic proJect which has not yet been
- 42 -
5.13
.
.
completed, but wh~ch reasonably can be expected to
be completed during the extension period.
E. It is necessary to complete background reference
checks or similar investigations, provided the
employee is performing satisfactorily, and the
checks and investigations are expected to be
completed during the extension period.
F. The employee's performance needs improvement, but
in the opinion of the appointing authority, can be
expected to become satisfactory during the extended
probationary period.
G. The appointing authority identifies job-related
circumstances other than those listed above.
If an appointing author1ty determines that the extension
of an employee'S probationary period is warranted,
he/ she shall submit to the Director of Personnel, in
writing, the reason(s) for extending the employee's
probationary period within ten (10) calendar days prior
to the expiration of the probationary period. This same
provision shall apply to any six-month extension of the
probationary period.
No appointee shall acquire permanent civil service
status until his/her probationary period has expired and
unless prior to the expiration of such period the
appointing authority of the appointee has recommended to
the Personnel Director, in writing, that the appointee
be given permanent civil service status. In the event
the appointing authority fails to make such
recommendation prior to the expiration of the
probationary period, the probationary appointee'S
employment by the City shall terminate automatically
upon the expiration of said probationary period. This
same provision shall apply to any six-month extension of
the probationary period.
If an employee covered herein passes a six-month
probationary period, said employee would normally not be
eligible for a salary step increase until the completion
of one full year of service in that position, with said
salary step increase being contingent upon satisfactory
performance.
Transfers
Whenever the Personnel Department actively recruits to
fill a vacancy with a job classification represented by
MEA, it shall post said vacancy within the department
Wh1Ch has the vacant position. The vacancy shall be
posted for three (3) working days based on the work
- 43 -
.
.
schedule in effect for City Hall. There shall be no
guarantee that all employees within the department will
be notified of a vacant position. It shall be each
employee's responsibility to check the bulletin board
for the posting of the vacant position within hls/her
department. If there are employees in that department
who hold a position in the same job classification and
who wish to be transferred to the vacant position, they
shall complete a transfer request form and application
and submit it to the Personnel Department by the date
the three-day postlng of the vacant position closes.
The Personnel Department shall provide the appointing
authority a list of employees within the department who
are interested in transferring to the vacant position.
However, the appointing authority shall be under no
obligation to accept a transfer within the department to
fill the vacant position.
Interdepartmental transfers shall be
accordance with the relevant provisions
Monica Municipal Code.
conducted in
of the Santa
- 44 -
.
.
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
Payroll Deduction
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance No. 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization Recognized Employee Organization
dues, credit union investments or payments, health and
hospitalization insurance premiums, and life and
accident insurance premiums. Any or all such payroll
deductions are subject to termination by the City
Manager upon twenty-four (24) hours notice for failure
by MEA to comply with the provisions of this MOU.
6.02 Reasonable Notice
6.01
Reasonable written notice as defined in Section 3504.5
California Government Code shall be given on all matters
requiring such notice under said Sectlon.
6.03
Association Secur~ty
A. Agency Shop
At such time as MEA demonstrates that it has seventy
(70) percent membership (based on the number of dues
paying members in comparison to the number of filled
MEA positions), the City agrees to grant MEA an
Agency Shop provls~on. At such time as the Agency
Shop provision becomes effective. thls Agreement
shall be amended to contain the prov~sions in
Exhibit C, and Exhibit C shall be in effect in lieu
of paragraph B below.
B. Malntenance of Membershlp
Employee payroll deduction authorizations for
the Mun~cipal Employees Association dues shall be
voluntary on the part of the employee, but shall not
be subject to unilateral cancellation by the
employee during the term of this Agreement.
Employee members of the MEA who are members of MEA
ten (10) calendar days after ratification by the
City Council and employees who thereafter become
members of MEA shall remain as members of MEA for
the term of this Agreement.
- 45 -
6.04
.
.
C. Association Lists
Within thirty (30) days after the date of this
Agreement and thereafter on request. the City of
Santa Monica shall give to the MEA one (1) copy of
a list of employees together with their most
current addresses as they appear on the records of
the City of Santa Monica. The MEA shall
retain such information in confidence and disclose
it only to those officials of the MEA whose duties
require them to have such information.
D. Hold Harmless Clause
MEA agrees to indemnify, hold harmless, and defend
the City at MEA expense against any claims, losses
or judgments rendered against the City from any
lawsuit filed by an employee or group of
employees by reason of the operation of this
provision.
Time Off for Association Business
Ordinance 801 establishes orderly procedures for the
administration of employer-employee relations between
the City and MEA and for resolving disputes regarding
wages, hours, and other terms and conditions of
employment. The City has agreed to allow authorized MEA
representatives time off with pay each fiscal year to
conduct necessary association business and will give
special consideration to MEA representatives in the
scheduling and conduct of unanticipated Association
bus~ness.
Authorized Association representatives shall be allowed
to utilize a total of one hundred-twenty (120) hours of
time off with pay durlng each fiscal year to conduct
necessary anticipated Association business. These one
hundred-twenty (120) hours per annum represent the
aggregate maximum use for all authorized representatives
of the Assoclat~on per annum, as opposed to one hundred-
twenty (120) hours per representatlve per annum. Prior
to such usage, authorized Association representatives
must receive permission from the appointing authority,
or designee, in writing. All such time off shall be
reported by said Association representative to the
D~rector of Personnel for accounting purposes.
The authorized Association representative shall provide
hiS/her supervisor with reasonable advance notice when
it is necessary for the MEA officer to attend to
Association business pursuant to this agreement. Time
off to attend to Assoclation bus~ness shall not be
- 46 -
6.05
6.06
6.07
.
.
unreasonably denied. Denials of time off shall be in
writing and shall state the reason(s) for the denial.
The MEA officer shall have the right to challenge the
denial of time off for Association business by
submitting a grievance, in writing, to the Director of
personnel. The Director of Personnel shall investigate
and determine whether or not the request for time off to
attend to Association business was unreasonably denied.
Notification of New Hires
It is hereby agreed that the Personnel Department shall
provide the officers of MEA with the name of each
permanent employee whose job title entitles him/her to
MEA representation as soon as is practlcable after hire
or transfer.
Child Care
An MEA representative shall participate as a committee
member in any City investigation or any cooperative
effort between the City and other public or private
agencies to study or establish child care programs for
employees.
Grievance and Complaint Procedure
A. Grievances and appeals of non-probationary
employees covered herein which involve removals,
demotions or suspenslons shall be subject to the
procedures outl~ned ~n Section 2.04.750 et.seq. of
the Santa Monica Municlpal Code, which shall
constitute the sole adm~nistrative recourse
available under the terms of this MOU.
B. An employee covered herein who believes that the
prescribed evaluation procedures have not been
followed or that the evaluation does not correspond
to the facts, should make a written complaint to
his/her supervisor within ten (10) days of
receiving the performance evaluation. If no
satisfactory response is received within five (5)
working days of filing the complaint, the employee
should immediately forward the complaint to hiS/her
Department Head. If no sat~sfactory response is
received within ten (10) working days, the employee
should immediately forward the complaint to the
City Manager. The City Manager will appoint a five
(5) member board of review composed of City
employees. The Personnel Director will serve as
non-vot~ng member and secretary of the board.
Within fifteen (15) working days of the filing of
the complaint with the City Manager, the board of
review shall meet with the employee and the rater
- 47 -
.
.
and, within twenty (10) days of those meetings,
shall forward their findings and recommendations to
the City Manager, whose decision shall be final.
The decision of the City Manager shall be mailed to
the employee w~thin ten (10) working days of
receipt of the board's recommendation.
If exercise of this procedure results in no change
in a NOT ACCEPTABLE or BELOW SATISFACTORY rating,
and, as a result, an employee's regularly scheduled
step increase is denied, the provisions of Section
A, above, governlng demotions shall apply.
The foregoing shall
administrative recourse
of this MOU.
constitute
available under
the sole
the terms
C. All other grievances shall be resolved in the
following manner:
(l) Informal Discussion
The aggrieved employee(s) is encouraged to
meet with the immediate supervisor to discuss
the problem in an effort to clarify the
problem and to work cooperatively towards
settlement.
(2) First Step
If the matter cannot be satisfactorily
resolved within thirty (30) days of the event
giving rise to the grievance [or in the event
that the employee could not have known of the
event giving rise to the grievance, within
thirty (3D) days of learning of the event] the
employee, or MEA on behalf of the employee,
shall subffilt the grievance in writing,
stating the nature of the grievance and the
desired solution to the second level
supervisor, if any.
The second level supervisor shall meet with
the grlevant and the grievant's
representatives, if any, no later than the
grievant's fifth regularly scheduled work day
following presentation of the grievance.
Wlthin five (5) worklng days following such
meeting, the supervlsor shall glve a written
decision to the gr~evant. If the second level
supervisor does not have the authority to
resolve the grievance, it shall immediately be
forwarded to the Department Head or the
approprlate authority.
- 48 -
. .
(3) Second Step
If the grievance is not resolved at the
first step, the grievance may be referred
within ten (10) days to the Department
Head, who shall meet with the employee and
the representative in an attempt to resolve
the grlevance wlthin the grlevant' s fifth
regularly scheduled work day followlng the
forwarding of the grievance. Within f1ve
(5) worklng days following such meetlng,
the Department Head shall give a written
decision to the grievant.
(4) Third Step
If the grievance is not resolved at the second
step, the grievance may be forwarded withln
ten (10) days to the Personnel Director, who
shall meet with the employee and the
representative within five (5) working days
following receipt of the grievance, make such
investigation as required, and make
recommendations to the City Manager no more
than ten (10) working days following such
meeting. With1n five (5) working days
thereafter, the City Manager shall render a
wr1tten declSlon, which shall be final.
D. If the grievance alleges a mlsinterpretation of a
specific and germane sect~on of this Memorandum of
Understanding, MEA may request, following step two
of the grievance procedure described in Subsection
C, above, that the City meet and confer in an
effort to resolve the dispute. If the dispute
remains unresolved after three (3) meetings or ten
(10) working days, whichever occurs first, a
grievance board shall be convened. Said board
shall be comprised of one (1) representative of
MEA, one (1) representative of the City and a third
who shall be a member of a panel provided by the
State Conciliation Service. The board shall
schedule a hearing as soon as practicable and shall
1ssue a written decision within ten (10) working
days of the conclusion of the hearing. In the
event that the board fails to reach a unanimous
decision, the vote of the panelist from the State
Conciliation Service shall be tie breaking. The
decis10n of the board shall be binding.
- 49 -
.
.
E. General provisions
(1)
All time periods in this
extended by mutual written
employee or representative,
representatlve involved.
Section may be
agreement of the
and the management
(2) If a management representative does not meet
with the grlevant nor render a decislon within
the time limits spec~fied, the employee may
immediately exercise the next step ln the
grievance process.
(3) An employee who has initiated a grievance, or
assisted another employee in inltiating and!
or processing a grievance, or who has
testified at any hearing shall not in any way
be coerced, hindered, intimidated, or
discriminated against for exercising this
right.
(4) For purposes of this Section, "days" shall
mean regularly scheduled work days of the
affected employee(s) unless otherwise
specified.
F. Representation
(1) Employees shall have the right to represent
themselves ind~vidually in grievance matters,
or to be represented by MEA.
(2) MEA shall notify the Personnel Director, in
wrlting, of its designated employee grievance
representatives and shall provide
notifications of any change in such
representatives. At the Informal Step and
Step 1 MEA representatives may represent the
grievant. At Step 2 and 3 and at any
Personnel Board or Grievance Board hearing,
MEA may also designate an outside
representative to represent the grievant or
MEA.
(3) Reasonable time off without loss of payor
benef~ts shall be given to a gr~evant or MEA
employee grievance representative to
investlgate and/or process grlevances, and to
witnesses in any grievance meeting or hearing
held during work hours.
Before performing
representatlves, the
grievance
grievant
work, MEA
or witnesses
- 50 -
6.08
6.09
.
.
shall obtain permission from the imrned~ate
supervisor and when the grievance work is
completed. Neither the grievant nor the
representative nor witnesses shall interrupt
or leave work if the supervisor determines
that such interruptions or absence will unduly
interfere with the work of the employee.
However, 1f the supervisor denies such time
off, time off must be granted within
twenty-four (24) hours of such request.
Right to Association Representation
Employees covered here~n shall have the right to MEA
representation at any meeting with representative(s) of
the City which, in the employee's opinion, may result in
disciplinary action.
Disciplinary Action
Permanent employees covered herein shall be subject to
discipline only for just cause.
- 51 -
.
.
IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed this 24th day of
November, 1993.
MEA Bargaining Committee:
C~ty of Santa Monlca
~.
ri~Oyi
rU-:.#L
John Jal~li. Clty Manager
4;~
a~ad
^ sit:::!~&~
---\L = ';0\ ~
Tr~;::il;flJ
:fJ.rd R." Purcell
Labor Consultant
FL::
JOSEPH LAWRENCE
Act1ng City Attorney
- 52 -
.
MEA CLASSIFICATIONS
ADMINISTRATIVE STAFF ASSISTANT
AIRPORT SECURITY GUARD
ANIMAL CO~~ROL OFFICER
AUDITORIUM BOX OFFICE
COORDINATOR
BUILDING INSPECTOR
BUYER
CASHIER CLERK
CEMETERY BUSINESS ASSISTANT
CIVIL ENGINEERING DRAFTING
TECHNICIAN
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMMUNITY SERVICES OFFICER I
COMMUNITY SERVICES OFFICER II
COMPUTER OPERATOR
EMPLOYEE BENEFITS TECHNICIAN
EMPLOYEE BENEFITS SPECIALIST
ENVIRONMENTAL PROGRAMS
TECHNICIAN
EVENT COORDINATOR
FIELD INSPECTOR I
FIELD INSPECTOR II
FINGERPRINT CLERK
FIREFIGHTER TRAINEE
FIRE SAFETY SPECIALIST
FISCAL STAFF ASSISTANT I
FISCAL STAFF ASSISTANT II
FISCAL STAFF ASSISTANT III
HOUSING APPLICATION ASSISTANT
HOUSING SPECIALIST
IDENTIFICATION TECHNICIAN
JAILER
LICENSE INSPECTOR
MAIL COURIER I
MAIL COURIER II
MAINTENANCE PROJECTS ASSISTANT
PARK RANGER
PARKING CHECKER
PAYROLL TECHNICIAN
PERMIT SPECIALIST
PERSONNEL TECHNICIAN
PIER & HARBOR GUARD
PLANNING TECHNICIAN
POLICE OFFICER TRAINEE
POLICE PROPERTY EVIDENCE CLERK
POLICE RANGE/SUPPLY SPECIALIST
.
EXHIBIT A
PUBLIC WORKS INSPECTOR
RECORDS MANAGEMENT
COORDINATOR
RECREATION CENTER DIRECTOR
REFUSE ACCOUNT INSPECTOR
REPROGRAPHICS SPECIALIST I
REPROGRAPHICS SPECIALIST II
SENIOR ANIMAL CONTROL OFFICER
SENIOR BUILDING AND
HOUSING INSPECTOR
SENIOR ELECTRICAL INSPECTOR
SENIOR PLUMBING/MECHANICAL
INSPECTOR
SENIOR PUBLIC WORKS
INSPECTOR
SENIOR SERVICES OUTREACH
COORDINATOR
SOLID WASTE BUSINESS
ASSISTANT
STAFF ASSISTANT I
STAFF ASSISTANT II
STAFF ASSISTANT II -
NON-TYPING
STAFF ASSISTANT III
STAFF ASSISTANT IV
TECHNICAL SERVICES SPECIALIST
TECHNICAL STAFF ASSISTANT
TRAFFIC ENGINEERING
TECHNICIAN
TRANSCRIBER TYPIST
TRANSCRIBER TYPIST TRAINEE
TRANSPORTATION PROGRAM
SPECIALIST
UNDERGROUND UTILITY LOCATOR
UTILITIES BILLING SPECIALIST
UTILITIES BILLING TECHNICIAN
WAREHOUSE WORKER
WATER LABORATORY TECHNICIAN
WATER PRODUCTION & TREATMENT
PLANT OPERATOR
WATER PRODUCTION & TREATMENT
PLANT OPERATOR TRAINEE
ZONING INSPECTOR
- 53 -
.
. EXHIBIT B
CITY OF SANTA MONICA
PERFORMANCE EVALUATION
E"~lOVEE
JO B C~ASS
DE~T IDIVISION
RATING PE~IOD
EMPLOYEE'S PRE-INTERVIEW WORKSHEET
Does your present JOB PLAN accurately and completely list all of the major Job responsibilities
on which you will be evaluated? YES NO
If you check "NO" please explain below
2 In what ways, If any, do you think your JOb/position should be structured differently?
3. Please descnbe any major problems With your Job or Job environment
4. How do YOLl think these problems could be resolved?
5 What were your major performance achievements since your last review?
6 What do you like most about your Job?
.
.
PERFORMANCE EVALUATION
EMPLOYEE
RA flNG PE:RIOD
1 List below the employee's major Job responsibilities that were previously discussed and Included
on the JOB PLAN Rate the employee's performance of each responsibility dunng the rating penod
and then provide specific examples of "Job behaviors" and/or "work outcomes" to support eadr
rating that IS outstanding, below satisfactory and/or not acceptable, on the following page
RESPONSIBIUTY
BELOW I "BOVE II
SATISo SATIS- j SAn& OUT
FACTORY FACTORY! FACTORY STANDlNGl
I NOT
ACCEPT
..BLE
I
i
. .
COMMENTS TO SUPPORT RATINGS OF "OUTSTANDING."
"BELOW SATISFACTORY" AND "NOT ACCEPTABLE"
(Use lhlS spaet and an,v add.nonal shuts iii support .nd...dllal rot.ngs. ..... "'fllllS the overall rallll!l !In'.n on .h. [ol/o"'".g page)
!
i
,
:
I
,
I
!
I
,
JOB ENHA....MENT AND/OR CAREER DEVELO.NT OBJECTIVES
. (Tlds SlcdlJn is optio1Ud)
OBJECTIVE
TIMETABLE
ASSISTANCE OESIRED
FROM SUPERVISOR
TRAINING/EDUCATION
NEEDEO
Overall Rating for Current Period
o
o
o
o
Abo..,e SallsfaCfOrj
o
Outstanding
~of Acceptable Below SatisFactory
Salls1actory
For probationary employees only Will this employee pass probation If he/she continues to perform atthe
present level? Yes No
For end ot probation only I do do not recommend permanent status tor thIs employee.
OEPAF1TMENT HEAD
DATE
Employee Comments: (Uu f1ddt40""[ sheets "".tessary)
ThiS ratIng has been dIscussed wIth me. My signature
does not necessanly Indicate agreement wIth the rating.
E'JPCOYEE SIGNATURE
DATE
SUPERVISOR'S SIGNATURE
DATE
SUP 87 0'
.
.
EXHIBIT C
AGENCY SHOP
At such time as MEA demonstrates that they have a 70% membersh1p
(based on the number of dues paying members in comparison to the
number of all filled MEA positions), the City agrees to grant MEA
an Agency Shop provision, except that such provision shall not
become effective earlier than the first of the month following a
thlrty (30) day period subsequent to ratificatlon of thlS MOU by
both parties. Said Agency Shop provision shall be subject to the
following terms and conditions:
(1) An employee working in a classification covered by this MOU
shall, within thirty (3D) calendar days after the effective
date of the granting of an Agency Shop provision and, in the
case of a newly hired employee, within thirty (30) calendar
days of hiS/her employment, execute a payroll deduction
authorization form as furnished by MEA, and thereby either 1)
become and remain a member in good standing in MEA; or 2) pay
to MEA a monthly service representation fee in an amount not
to exceed the standard initiation fee. periodic dues and
general assessments of MEA during the term of this MOU.
(2) In the case of an employee who certifies he/she is a member
of a bona fide religlon, body or sect whiCh has historically
held conscientious objectlons to joining or financially
supporting public employee organlzations, such employee shall
execute a payroll deduction authorization from as furnished
by MEA, and thereby pay sums equal to the monthly service
representation fee to a non-rellgious, non-labor charitable
fund, chosen by the employee from a list of at least three
such funds which are exempt from taxation under Section
501 (e) (3) of the Internal Revenue Code. The list of funds
shall be provided by the City, and shall be made up of funds
for whlch the City offers payroll deductions.
(3) The City and MEA shall jointly notify all members of this
unit that they are required to pay dues or a service
representation fee as a conditlon of this Section and that
such amounts shall be automatically deducted from their
paychecks. The religious exemption and the employees' rights
under Government Code Section 3502.5 (Meyers-Milias-Brown
Act, as amended) shall also be explained. The cost of this
communication and the responsibil1ty for its distribution
shall be borne by MEA.
(4) It is agreed that the City assumes no obligations to, in any
manner, enforce the provisions of the above paragraphs beyond
lmplementing any valid payroll deduction authorizations
submitted by unit employees authorizing the deduction of
serv1ce fees or other authorized payments to MEA, or amounts
- 54 -
.
.
in lieu of service fees to specified authorized charities
Enforcement of the payments that unit employees are obllgated
to make under the above paragraphs shall be within the
discretion and the sole responsibility of MEA by way of civil
court action against such allegedly non-complying un1t
employee.
(5) MEA shall, within sixty (601 days after the end of its fiscal
year in which the Agency Shop provision was operatlve,
provide the City with detailed financial documentation. wh~ch
shall meet the requirements of Government Code, Sect10n
3502.5(d) .
(6) It is recognized that MEA, as the exclusive representative of
all unit employees, is required to represent all unit
employees fairly and equally without regard to union
membership or non-membership or their assertion of rights
under this MOU or the law.
(7) Upon request by MEA, the City shall furnish MEA with the
and date of hire of all newly hired employees subject to
MOU, along with verification of transmittals to
charitable organizations.
name
this
any
(11/3/93)
- 55 -