R-8689
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RESOLUTION NO 8689
(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
SANTA MONICA POLICE OFFICERS ASSOCIATION
WHEREAS, the City administration and representatives of
the Santa Monica PolLce Officers Association have met and conferred
under the terms of Ord2nance 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. B01 (CCS) of the
City of Santa monica requLres preparat20n of a wr2tten Memorandum
of Understanding between the adm2nistration 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 unt21 presented to the govern2ng body for
determination; and
WHEREAS, the purpose of the Memorandum of Understanding
2S to promote and prov2de harmonious relations, cooperat20n, and
understanding between the City and the Santa Monica Pol2ce Off2cers
AssOc2atLon;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
Section 1. The C2ty Council of the City of Santa Monica
does hereby approve and authorize the Clty Manager to execute the
Memorandum of Understanding executed by the Santa Monica Police
Officers Association, a copy of which is attached hereto.
Section 2. The City Clerk shall certify to the adopt2on
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
~~
J SEPH LAWRENCE
Actlng City Attorney
(KB "poall")
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Adopted and approved this
23rd
day of
November
,1993.
f;,.f! ~
I hereby certify that the foregomg Resolution No. 8689 was duly adopted at a
meetmg of the Clty Council on the
23rd day of
November
,1993 by the
followmg vote:
AYES: Counc1lmembers Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez
NOES:
ABSTAIN
ABSENT: Counc1lmember Greenberg
ATTEST'
kffl~
------ - - Clty Clerk I
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MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SANTA MONICA, CALIFORNIA
AND
SANTA MONICA POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE I:
ARTICLE/SECTION NUMBER
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:
1.15:
1.16:
ARTICLE II:
2.01 :
2.02 :
2.03:
2.04:
2.05:
2.06:
2.07:
2 08:
2.09:
2.10:
2.11:
2.12:
2.13:
2.14:
PAGEfI:
Parties to Memorandum. . . " ..............3
Purpose. . . . . . . . .. ................... 3
Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . .3
Continuation of Terms.. . " ..............4
Ratification ...........................4
Recognized Employee Associat~on Name.....4
Scope of Representation..................4
Full Understanding, Modification
& Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . .5
Management Rights Reserved..... .......5
Peaceful Performance of City
Services. . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . 6
Validity of Memorandum of Understanding. 7
Captions for Convenience................ 7
Equ':ll . E~ployment. . . . . . . . . . . . . . . . . . . . . . . . .7
Def~n2t20ns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Overpayment Remedy...... .............. ..10
Payments at Termination......... ...... ..11
COMPENSATION
Effective Date of Pay Increase..... .... .12
Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Overt~me. . .. ........ . . . . . . . . . . . . . . . .14
Call-Back Pay............. ............ .15
Off-Duty Court Appearances........ .....15
Court Standby........................... 17
Beeper Pay.... . . . . . . . . . . . . . . . . . . . . . .18
Longev~ty compensation........ ...... .19
Educational Incentive......... ........ .20
Assignment Bonus... ................. .20
Motorcycle, Pilot, & Observer Pay.... .. .21
Bonus for Employees Not on 4/10
Work Schedule.......................... .22
Bilingual Pay........................... 23
Promotional Pay Rate. . . . . . . . . . . . . . . . . . . .24
1
11/1 3/~
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2.15:
2.16:
2.17:
2.18.
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Y -Rating. . . . . . . . . . . ., ..................24
Act ing Pay............ .. . . . . . . . . . . . . . .24
FTO Bonus.. . . . . . . . . . . . , . . . . . . . . . . . . 25
Performance Bonus Program Committee. ....25
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01:
3.02:
3.03:
3.04 :
3.05:
3.06:
3.07:
3.08:
3.09 :
3.10:
3.11.
3.12 :
Health Insurance Programs.... ....... ..26
Retiree Insurance.,. ......... ,. ,......, 28
Optional Employee Benefit Program...... .30
Retirement. . . . . . . . . . . . . . . . . . . . . . . . . .. ..30
Deferred Compensation.,. ,............. ..31
Equipment Provided/Reimbursed.... ..... ..31
Uniform Allowance......... ............ ..32
Mileage Reimbursement. .. ............ ..32
Sick Leave Buy-Back..... . . . . . . . . . . . . . .32
Sick Leave Bonus.................... . . . .34
Film~ng Ass2gnment. . . . . . . . . . . . . . . .. ....34
Health Incentive Bonus...... ..... ,. ,.35
ARTICLE IV: LEAVES
4.01:
4.02:
4.03:
4.04 :
4.05:
4.06:
4.07.
4.08:
Paid Holidays.. . . . . . . . . . . . . . . . . . . . . . . . . .36
Vacation Leave... . . . . . . . . . . . . . . . . . . . . . . .37
Sick Leave. . . , . . . . .. ...................37
Leave of Absence without Pay.......... ..39
Bereavement Leave...... . . . . . . . . . . . . . . . . .40
Military Leave. . . . . . . . . .. . . . . . . . . . . . . .40
Workers' Compensation Leave........ .....40
Parental Leave...................... . . . .40
ARTICLE V: WORKING CONDITIONS
5.01:
5.02:
5.03:
5.04:
5.05:
5.06:
Safety. . . . . . . . . . . . . . . . . . . . . .. .,.,.....,42
Effect of Job Performance on Salary. .. .42
Employee Park2ng...................... ..42
Vacat2on/Sick Leave Notificat2on. ...... .43
Conduct Review......................... .43
Use of Civ2lian Employees and
Volunteers .. . . . . . . . . . . . . . . . . . . . . . . . . . .43
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01:
6.02:
6.03:
6.04:
6.05:
6.06 :
6.07 :
6.08'
Payroll Deductions.................. ...45
Reasonable Notice.. . . . . . . . . . . . . . . . . .. ..45
Agency Shop.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Chairperson's Shi ft. . . . . . . . . . . . . . . . . . . . .46
Time Off for SMPOA Bus~ness............ .47
Grievance & Complaint Policy....... .....48
Court Reporter.......................... 49
New Police Department Facility........ ..50
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SANTA MONICA POLICE OFFICERS ASSOCIATION
CITY OF SANTA MONICA
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, which ordinance is hereby
lncorporated by reference as lf fully set forth herein,
and has been executed by the City Manager on behalf of
the City and by the Santa Monica Police Offlcers
Association (SMPOA), on behalf of employees occupying the
line-item position classif2cations set forth in Exhibit
A which is attached hereto and made a part hereof.
1.02.
Purpose
The partles agree that the purpose of this MOU is: to
promote and provide harmon2ous relations, cooperation and
understanding between the City and the employees covered
herein, to promote an orderly and equitable means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by SMPOA.
1.03.
Term of Aqreement
This agreement shall be effective on July 1, 1993 and
Shall remain in full force and effect until June 30/
1995. It shall be automatically renewed from year to year
thereafter unless either party notifies the other in
writing not later than March 1, 1995 (or in the event of
an automatic renewal, March 1 of the following year) that
it desires to terminate or modify this agreement, and
specifically indlcates requested modificat20ns. In the
event that such not2ce is g2ven/ negotiat20ns shall beg2n
no later than April 15th with a signed contract desired
by June 1st. The one exception to this provision is set
forth in Subsection B of Section 2.02 (Salaries) of this
agreement.
3
1.04.
1. 05.
1.06.
l.O?
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Cont2nuation of Terms
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 2n existence pr20r to this MOU although not
specifically referred to by this MOU, shall constitute
the wages, hours of work and other terms and conditions
of employment for the term of th2s MOU.
Ratification
This MOU is of no force or effect whatsoever unless or
unt~l ratified and approved by the membership of the
SMPOA and ratified and approved by resolut~on duly
adopted by the City Council of the City of Santa Monica.
Recoqnized Employee Assoc~ation Name
The SMPOA is hereby acknOWledged as the Recognized
Employee Organization representing only the permanent
line-item employment pos~tion classif2cations set forth
in Exh2bit A (which is attached hereto and made a part
hereof) pursuant to Section 3.04 (c) of Ord2nance No. 801
(CCS). It is the mutual understanding of the parties
hereto that acknowledgment of the SMPOA as the recognized
employee organization'
A.
Does not preclude employees
position class2fications
themselves individually in
relat20ns with the City.
such employment
representing
employment
in
from
their
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
classifications concerning their employment
relations with the City.
C. Does not permit (and hereby expressly prohib~ts)
employees occupying the employment position
classifications of Police L2eutenant and police
Captain from representing the SMPOA.
ScoDe of Representation
The scope of representation of the recognized employee
organization shall include all matters relating to
employment conditions and employer-employee relat~ons
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
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2 08.
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Effective July 1, 1994, the following positions shall be
el1gible to receive beeper pay in the amounts designated
below. An employee holding one of the designated
pOS2 tions will only be el2g2ble to rece2 ve the beeper pay
for those weekends (48-hour periods) for which it is
mandatory that the employee report back to work if he/she
1S paged. Employees who are called back to work under
the provisions of this paragraph shall rece2ve overtime
compensat20n, if appropriate, only for time actually
worked with no minimum guarantee. The positions covered
by this prOV2sion are as follows: one (1) crim1nal
invest1gation supervisor; two (2) homicide 2nvestigators;
one (1) sex cr2mes invest2gatorj one (1) supervisor of
spec1al enforcement; and three (3) liabil2ty assessment
team officers. The beeper pay bonus which will be paid
under this provision is as follows: Police Officer
$75.0Q/weekend (48-hour period); Police Supervisor
$85.00/weekend (48-hour per20d). It will not be
mandatory for employees other than those holding one of
the positions designated in this provision who are
provided a beeper by the Police Department to respond or
report back to work 2f paged except 1n the event of a
general call-back in the case of an emergency.
Any reassignment result2ng in the discontinuance of the
bonus shall not constitute a demotion under City Charter
Section 1110 and Municipal code Section 2.04.630.
The SMPOA shall not assert, nor represent or provide
representation to any member 2n asserting, that the
discontinuance of the bonus constitutes a demotion under
City Charter Section 1110 and Municipal Code Section
2.04.630. The SMPOA agrees that loss of these benefits
through elimination of the requirement that an employee
carry a beeper does not constitute punitive action within
the meaning of the Public Safety Officer's Procedural
Bill of Rights Act, Government Code Section 3500, et.
seq.
Lonqevity Compensation
Each employee covered hereunder shall receive additional
monthly compensat20n at the rates and for the serV2ce
per20ds set forth in the following table:
% Payment
Years of Continuous Service
2.7%
5.4%
8.1%
Over five (5) years to ten (10) years
Over ten (10) years to fifteen (15) years
Over fifteen (15) years
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2 09.
2.10.
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Educational Incentive
As an 2ncentive for educat20nal advancement, the City
shall pay an amount equal to six percent (6%) of the
app12cable base salary after attainment of an
Intermediate Certificate from the State Comm2ssion on
Peace Officers Standards and Training (POST) or
attainment of an AA Or AS degree, or the equivalent in
terms of numbers of units and courses taken, in Police
Science or a related field from an accredited college or
university; or an amount equal to twelve percent (12%) of
the applicable base salary after attainment of an
Advanced Certificate from the State Commiss20n on Peace
Officers Standards and Training (POST) or attainment of
a Bachelor's degree in Police Science or a related field
from an accredited college or univers~ty.
Any employee who through inexcusable neglect fails to
satisfy the minimum POST mandated training requirements
shall be disqualified from receiving the benefits
provided in this Section for a period of one (1) year
following the disqualif2cation.
Assiqnment Bonus
A. All employees assigned to the invest2gations
Division or the Narcotics/Vice sect20n shall
receive an assignment bonus equal to five percent
(5%) of the employee's base salary during the time
the employee is assigned to work in that
division/sect20n.
B . Effective July 1, 1994, all employees holding a
position ~n the job classification of Police
Off~cer and Police Sergeant assigned to a Metro
team shall rece~ve an assignment bonus equal to
five percent (5%) of the employee's base salary
during the time the employee is assigned to work on
a Metro team.
C. Any employee other than those who hold positions in
the assignments listed 2n subsections A and B above
who are currently recei iring an ass~gnment bonus
shall be II grandfathered " and thereby continue to
receive th~s assignment bonus as long as that
employee continues to hold that pos2tion. Should
the employee be given a new ass2gnment, the bonus
shall be removed, and the employee who replaces
that employee will not be entitled to receive the
assignment bonus.
20
2.11.
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D Any reasSlgnment resulting 1n the discontinuance of
the assignment bonus shall not constitute a
demotion under City Charter Section 1110 and
Municipal Code Section 2.04.630.
E. The SMPOA shall not assert, nor represent or
provide representation to any member in asserting,
that the discontinuance of the assignment bonus
constitutes a demotion under City Charter Section
1110 and Municipal Code Section 2.04.630.
F. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punitive actlon within the meaning of
the Public Safety Officers' Procedural Bill of
R1ghts Act, Government Code Sectlon 3500, et. seg.
Motorcycle, Pilot and Observer Pay
A. Employees covered herein who are asslgned to the
motorcycle detall or as pilot for the police
aircraft, shall receive a bonus pay of $150.00 per
month. If such employees are asslgned to a 5/8 work
week the terms of Section 2.08 shall apply No
agent or FTO pay shall be made to employees ln
these assignments, and the provlsions of Resolution
No. 6553 (CCSl are hereby superseded and shall no
longer apply.
B. Employees assigned as observers for the police
aircraft shall receive a bonus pay of $1.50 per
each hour actually spent in that capacity, provided
that on each occasion an individual is requlred to
serve in that capacity, she or he shall receive a
minimum bonus pay of $6.00.
C. In addition, the City shall procure on behalf of
each person who serves as a pilot, crew member, or
observer for the police alrcraft an accidental
death and dlsmemberment insurance policy whlch wlll
provide among other beneflts a cash payment in the
sum of $100,000 to the designated beneficiar1es of
any such employee who is killed as a result of an
on-duty accident while serving in any such
capacity.
D. Any reassignment resultlng in the discontinuance of
the bonus shall not constitute a demotion under
City Charter Section 1110 and Munlcipal Code
Section 2105.
21
2.12
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E. The SMPOA shall not assert, nor represent or
provide representatlon to any member in asserting,
that the discontinuance of the bonus constitutes a
demotion under City Charter Section 1110 and
Municipal Code Section 2105.
F. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punitive action for the purposes of the
Public Safety Officers' Procedural Bill of R1ghts
Act, Government Code Sectlon 3500 et. seg.
Bonus for Employees Not on 4/10 Work Schedule
Each employee covered by this agreement who 1S not
continually assigned to a 4/10 work schedule, excluding
employees receiving a bonus pursuant to Section 2.10,
Subsection A, of this Agreement, shall receive for each
pay period a bonus of $50.00 for such assignment subJect
to the following:
A. Thls bonus is paid with the express understanding
that the bonus shall discontinue upon the
reassignment to a 4/10 work schedule.
B. Any reassignment resulting in the discontinuance of
the assignment bonus shall not const1tute a
demotion under City Charter Section 1110 and
Municipal Code Section 2105.
C. The SMPOA shall not assert, nor represent or
provide representat10n to any member in asserting,
that the discontinuance of the assignment bonus
constitutes a demotion under City Charter Section
1110 and Municipal Code Section 2.04.630.
D. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punitive action wlthin the meaning of
the Public Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seg.
E. Both parties acknowledge that the Ch~ef of Pol~ce
retains the authority to freely assign pol~ce
officers to and from assignments on any work
schedule and that the bonus provided for in this
Section is designed solely to compensate police
officers for out-of-pocket expenses associated with
working a schedule other than a 4/10 work schedule.
F. The asslgnment bonus will be pa~d at a flat rate in
each pay period and does not increase the
22
2.13 .
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employee's base or effective rate of pay for
purposes of computing sick leave payoff or other
pays. The assignment bonus is included in the
employee's regular rate of pay.
G. Effective January 1, 1994, the Chief of Police is
willing to place those employees, other than Police
Lieutenants and Police Captains, who are currently
assigned to a work schedule different than the 4/10
on a 4/10 work schedule on a trial basis
(Investigations Division, Office of Special
Enforcement & Administration). The language
regarding this tr1al work schedule program will be
developed in collaboration with SMPOA, subject to
sole and final approval by the Ch1ef of Police,
speclfying a trlal period as well as operational
and administrat1ve indices of performance which
will be used as the basis for a determination by
the Chief of Police as to whether or not the work
schedules will be maintalned permanently. At the
end of the trial period, in the event the Office of
Special Enforcement (OSE) is the only work unit
among those participating in the trial period wh1ch
1S not allowed to continue to work a 4/10 work
schedule, employees holding a position 1n the Job
classifications of Police Officer and Police
Sergeant asslgned to OSE shall be entitled to
receive a work schedule bonus equal to five percent
(5%) of the employee'S base salary during the time
the employee is ass1gned to work in the Office of
Special Enforcement. If the OSE employees should
be placed back on a 4/10 work schedule, the 5%
bonus will be discontinued. In the event said
bonus 1S paid, it shall be subject to the terms and
conditions outlined ln subsections A through F
listed above.
Bilinqual Pay
Qualified employees who must meet the criteria set forth
here1n shall receive a billngual skill pay of $50.00 per
month. To receive bilingual pay the following criter1a
must be met:
(1) The employee must be assigned to speak or translate
a language in addition to English. This may include
specialized communication sk1lls such as slgn
language
(2) An employee must be 1n an assignment where he/she
is required to use such skills on a regular basis.
23
2.14.
2.15.
2.16
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(3) To become qualified, an employee must be certified
as qualified through examinatlon adminlstered by
the Personnel Department.
An employee who quallfies for bilingual pay under this
Section because of Spanish language skills shall receive
an additional $50.00 per month, for a total of $100.00
per month.
An employee who has not been certified and qualif1ed and
is not receiving bilingual skill pay will not be required
to utilize this sk1ll except in an emergency situatlon.
If, during the term of this Agreement, a higher bilingual
pay is provided by the City Council to any other
bargaining unit, employees covered herein shall receive
the higher rate.
Promotional Pay Rate
In the event that the rate of pay being received by an
employee being promoted is egual to or greater than the
entrance salary of the new posit~on, the employee's
salary shall be increased to the next higher rate to that
attained in the former position. In the event the
promotion is to a supervisory position, the employee
promoted shall receive not less than the next h1gher rate
above the highest rate being pa1d to subordinates.
Y-Ratinq
When a personnel action, e.g., demotion due to layoff or
reclassificat1on, 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 maintenance of the incumbent employee's salary rate
at the level effectlve the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain at
such level until the salary range of the new
classification equals or exceeds the Y-rate salary.
Act1nq Pay
Whenever an employee is directed to perform all of the
duties and assume all of the respons~bilities of a higher
classificat10n for fourteen (14), or more, consecutive
work days, that employee shall be paid at the lowest
salary step of the higher classif1cation which will
result in a salary increase of at least 5% for all time
worked in the higher classification.
24
2.17
2.18
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FTO Bonus
A. All employees regularly assigned as Field Training
Officers shall receive an assignment bonus equal to
five percent (5%) of the employee'S base salary.
B. Any reassignment resulting in the discontinuance of
the assignment bonus shall not constitute a
demotion under City Charter Section 1110 and
Municipal Code Section 2.04.630.
C. The SMPOA shall not assert, nor represent or
provide representatlon to any member in asserting,
that the discont1nuance of the ass1gnment bonus
constitutes a demotion under City Charter Section
1110 and Municipal Code Sectlon 2.04.630.
D. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punitive actlon within the meaning of
the Public Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seq.
Performance Bonus proqram Comm1ttee
By no later than October 1, 1991, the parties shall
convene a JOlnt committee to develop a performance
incentive bonus program to be considered during
negotiations for a successor agreement.
25
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01.
Health Insurance Proqrams
Subject to the provisions of this Section, the City shall
continue to contract with the Public Employees'
Retirement System (PERS) to make available to those
employees and their dependents and to eligible retirees
and dependents to the extent required by law the health
insurance benefits available under the Public Employees'
Medical and Hosp1tal Care Act, as set forth in Section
22761, et. seq., of the California Government Code
(herelnafter referred to as the PERS Program) . The health
insurance benefits available under the PERS Program shall
replace any other health insurance benefits available
under non-PERS Program health insurance benefits
maintalned through the City; provided, however, that the
City shall continue to provide to all employees covered
by thls agreement, and eligible dependents, the benefits
available under the existing dental insurance plan
maintalned by the City, with the C1ty to pay 100% of the
premiums for said dental insurance plan, provlded that
employees and eligible dependents partlcipate in the
City-provided dental insurance plan.
For active employees and their dependents, the cost of
coverage under the PERS Program shall be set at the
beg1nning of each medical plan year and shall be a
composite monthly insurance premium derived by dlviding
(a) the total monthly prem1um, including adminlstrative
fees in excess of 7/10 of 1% (7%) and 50% of any
contingency reserves requ1red by PERS, for all active
employees and dependents covered hereunder by (b) the
number of active employees covered hereunder as of that
date. The cost of coverage under the PERS Program for
each retiree annuitant shall be the actual premium
established by PERS for the type of coverage elected by
the retiree annuitant
The Clty shall contrlbute toward the payment of premiums
under the PERS Program on behalf of each eligible
employee and, to the extent required by law, each
eligible retiree annuitant, the sum of $16.00 per month.
In addition, each month the City shall contribute on
behalf of each actlve employee toward a "cafeteria plan"
the difference between (a) the actual premiums for
employees and dependents under one of the PERS Program
options, not to exceed a composite rate of $475.00, and
(b) the $16.00 contribution set forth in Paragraph 3 of
this Section. Any extra payment required under the PERS
Program shall be paid either (a) through direct payroll
26
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deduction by the employee electing such coverage or (b)
by direct payment from SMPOA.
Effective July 1, 1994, the maXlmum amount of the City's
contribution to the cafeteria plan shall be lncreased by
the difference between (a) the h1ghest medical insurance
composite premium rate contribution "cap" established for
any of the City's other bargainlng units for FY93-94 and
(b) $475.00. Any extra payment required under the PERS
Program shall be paid either (a) through direct payroll
deduction by the employee electlng such coverage or (b)
by direct payment from SMPOA.
If the City is required by PERS to make payments for
contingency reserves, 50% of those costs shall be
included in the calculation of the composite monthly
~nsurance premium, and the City shall be obligated to pay
the remainlng 50%.
The City shall be obligated to pay to PERS all of the
amounts required for administrative fees up to 7/10 of 1%
(.7%) of the total premiums for covered employees and
thelr dependents and retiree annuitants and qualif1ed
dependents If the amount required by PERS to be paid for
administrat1ve fees should lncrease to a point that
exceeds 7/10 of 1% (.7%) of those total premiums, those
excess costs shall be included in the calculation of the
composite monthly insurance premium.
If during the term of this Agreement the City shall be
required to pay an amount greater than $16.00 per month
for health insurance premiums on behalf of each retiree
annuitant and any ellgible dependents, either (a) the
City shall be re1mbursed for the aggregate increased cost
obtalned by multiplYlng the amount of the required
contribution in excess of $16.00 by the total number of
retiree annuitants participating in the PERS Program (1)
by direct payment from SMPOA or (2) by reducing the
amount of the City's cafeteria contribution on behalf of
active employees, on a pro rata basis, or (b) SMPOA shall
have the alternative option to cause the City to
discontinue to contract for insurance benefits wlth PERS
under the PERS Program and, instead, to allow all actlve
and ret1red employees and eliglble dependents to enroll
In one of the non-PERS Program med1cal insurance plans
offered by the City. In the event that SMPOA exercises
this latter option, the City shall pay the actual
premiums for employees and dependents under a
City-offered medical plan, not to exceed the highest
composite insurance rate contribution "cap" established
for any of the City's other bargainlng units during that
fiscal year, and the City's obligation to subsidize
27
3.02.
.
.
1nsurance premiums for retirees, as set forth ln Section
3.02 of this Agreement, shall be reinstated with regard
to all ret1rees eligible thereunder. Any extra paymEnt
required under the City offered med1cal plan shall be
paid either (a) through direct payroll deduction by the
employee electlng such coverage or (b) by direct paymEnt
from SMPOA.
The C~ty agrees to continue to provide vision care
insurance, at no cost, to employees covered hereunder.
The City retains the r1ght to select the prOV1der and to
set levels of coverage for sald vision care insurance
plan. The City also retains the right to change the
provider of said vision insurance plan and/or the level
of benefits prov1ded under that plan without meeting and
conferring.
Retiree Insurance
A. SubJect to the terms and conditions set forth in
paragraph B of this sectlon, the City agrees to
subsidize insurance premiums for retirees to a
maximum amount of $100 per month during the term of
this agreement but not to exceed the premium
actually charged by the carrier on the following
terms:
(1) Retirees must be enrolled and remain enrolled
in Clty group insurance plans or provide proof
of coverage in the conversion plans required
by certain carriers who provide City group
coverage.
(2) The subsidy shall cease when the retiree
attains age sixty-five, deceases or fails to
pay requlred premiums, whichever occurs first.
(3) Retirees must acknowledge the City'S right to
change plan design and/or carriers, must
acknowledge that the SUbS1dy exists only for
the term of this agreement and must
acknowledge that no "vested" right to
continued coverage or subsldy exists.
(4) Persons who retired prior to the effective
date of thlS agreement and received a cash
payment for unused sick leave at the time of
retirement shall not be eligible to receive
this benefit.
(5) The subsidy shall cease when the retiree lS
covered by a similar health insurance plan
28
.
.
provided by his/her employer. Each retiree
shall provide the City w1th written
authorization to ascertain whether hislher
current employer lS provlding such insurance
coverage.
(6) For the purpose of this sectlon, "annual
income" wlll be lncome earned durlng a fiscal
year, from July 1 of one calendar year through
June 30 of the next calendar year. This
section will become effective for fiscal year
July 1, 1985 through June 30, 1986 and for all
subsequent fiscal years. The subsidy shall
cease when the employee's annual income
(including PERS retirement income but
excluding income resulting from employment
with the City prior to retirement) divlded by
12 exceeds the monthly base rate of pay as of
June 30, 1985 for the classiflcation occupied
by him/her at the time of retlrement as
adjusted annually by the percentage increase
in the revised Consumer Price Index (for Urban
Wage Earners and Clerical Workers, 1967 = 100)
for Los Angeles-Rivers~de-Anaheim, Cal1fornia,
published by the U. S. Department of Labor
Stat1stics for the base period of April to
April preceding each f1scal year. Employees
whose service retirement entitles them to a
75% pension (those who have reached at least
age 55 and have 27 or more years of service
with the City) may exceed the post-retlrement
income limitation noted above by an amount up
to $250 per month without the subsidy being
subject to cancellatlon.
(7) Each retiree must submit by June 1 of each
year during the term of this MOU, a copy of
hiS/her Federal Income Tax return along with
copies of any W-2 and 1099 Forms for the
preceding calendar year plus any information
from PERS regardlng retirement income if that
information does not appear on the tax return.
B The City's obligation under Paragraph A of thls
Section shall discontlnue as soon as the health
insurance benefits available under the PERS Program
are made avallable to retirees covered by this
section in the manner set forth in Section 3.01 of
this agreement, provlded that if SMPOA exercises
its option under Section 3.01 to cause the City to
terminate the obligation of PERS to prov1de health
insurance benef~ts to retirees under the PERS
29
3.03.
3.04.
.
.
Program, the obligat1ons of the Clty under
Paragraph A of this section shall be re1nstated in
accordance with the terms and conditions of
Paragraph A.
C. SMPOA shall have the option to cause the City to
make contributions into a trust fund established by
SMPOA in an amount or amounts designated by SMPOA.
The trust fund will be established in accordance
w1th applicable federal and state laws, and the
monies contributed to the fund shall be on a pre-
tax basis, if allowed by law. At the time any such
contribution is made, the compensation of employees
represented by SMPOA shall be reduced by an amount
necessary to produce a cost savings to the City
that equals the amount contributed. SMPOA shall
designate the form of any such reductlon and the
manner in which it will be accomplished. The
monies contributed to the trust fund shall only be
used for retiree health insurance premiums or
health service expenses.
Optional Employee Benefit proqram
A maximum of $45.00 per month per employee, payable in
equal installments on the first and second paycheck of
each month, shall be remltted by the City to SMPOA to
cover the cost of employee required contributions towards
medical insurance premiums, as provided in Section 3.01,
and/or the cost of optional insurance programs lf an
employee elects such insurance. SMPOA shall provide proof
of coverage for each employee receiving this benefit for
optlonal insurance programs and shall submit monthly
statements to the Finance Department detailing the amount
to be paid on behalf of each employee receiving this
benefit.
Retirement
The City lS a contract member of the Public Employee's
Retirement System, and it is understood and agreed that
such membership will be mainta1ned and that employee
eligibility, classification, contributions, and benefits
are as prescr1bed in the contract between the City and
the Public Employee's Retirement System heretofore
approved by the City Councll. Except as provided in
Section 2.02, paragraph D, of this Agreement, the City
shall pay on behalf of each permanent employee covered
herein one hundred percent (100%) of the indivldual
employee's share of the required retirement contributions
to PERS [n1ne percent [9%) of the employee's
30
3.05.
3.06.
.
.
"compensation" as defined by the Public Employees'
Retirement Law, Government Code Section 20000 et.seq.]
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
such payments; as a result, the City will not treat these
payments as ordinary income and thus, will not withhold
federal or state income tax therefrom. The City's
practice will be to report these payments as belng those
of the employees so that they will be credited to the
particular employee's lndividual account with PERS.
It 1S agreed that if state and/or federal procedures
requlre reporting of these payments in any other manner,
the parties will abide by such requirements.
As soon as possible following ratification of this
Agreement, the City shall amend its contract with PERS to
provide the following benefits:
1. Military Service Credit as Public Service, as set
forth in Section 20930.3 of the California
Government Code.
2. Third Level of 1959 Survivor Benef1ts as set forth
in Section 21382.4 of the California Government
Code.
Deferred Compensation
It is hereby agreed that employees covered herein are
eligible to participate in the Clty'S deferred
compensat1on plan.
Equipment Provided/Reimbursed
The City shall provide each newly hired officer with a
service revolver, holster, ammunltion, nightstlck,
handcuffs, raincoats and rainboots, keys, mace and
holder, patches, helmet, leather belt, cuff case,
ammunition holder, baton rlng, keepers, key holder,
walkie-talkie accessories, vest, and coveralls for
certain assignments. Employees newly assigned as
motorcycle officers shall be provided with boots,
breeches, leather jacket, helmet, eye protection and
gloves Employees newly assigned to beach detail shall
be provided on a reimbursement basis with shorts, T-shirt
and hat. Such equipment shall remain the property of the
City during its useful life. Replacement of these items
for all employees, other than in circumstances where loss
or damage is due to the employee's negligence, shall be
31
3.07.
3.08.
3.09.
.
.
at City expense. Should an employee be reimbursed by any
third party for damage to any of the above items, said
reimbursement shall be rem1tted to the City 1f the
employee has previously been reimbursed by the City.
In addition, the C1ty will relmburse employees covered
herein for necessary replacement of one (1) uniform shirt
and pants, or, in lieu thereof, other department
preapproved equipment of equal value, annually and one
(1) uniform jacket every flve (5) years, in August,
provided that receipts are presented to the
Administrative captain for approval at the time of
purchase. Each August, those employees not regularly
assigned to positions which require the daily wearing of
the prescribed patrol uniform shall receive, as an
alternative to the items set forth in this paragraph, an
annual clothing allowance of $150.00, which allowance
shall be in addition to the uniform allowance afforded
under Section 3.07 of this agreement.
Uniform Allowance
In addition to the benefits provided under Section 3.07
of this agreement, each employee occupying a regular
full-time position in the employment position
classifications covered hereln, shall receive a monthly
uniform maintenance allowance of $40.00 This allowance
along w1th the benefits available under Section 3.07 of
thlS agreement shall be in addition to and are not
intended to replace the rights of employees covered by
this agreement to secure payment or reimbursement for
items of clothing or other personal property lost or
damaged in the line of duty pursuant to Sect10n 2802 of
the California Labor Code.
Mileage Reimbursement
Reimbursement to employees for the author1zed use of
personal automobiles on City business shall be at the
rate established by the City Council.
Slck Leave Buy-Back
A. If an employee has 22 or more days of accumulated
sick leave at the end of any contract year, in the
first pay period of July of the following contract
year that employee may, if helshe is on the payroll
during that pay perlod:
(1) "Bank" unused slck leave.
32
. .
(2) Convert unused sick leave to payment based
upon the hourly rate equivalent of the monthly
effective salary on the 30th of June preceding
the date of payment computed to the nearest
one-tenth of an hour as follows:
Less Than 10 Years Service
10 Or More Years Service
# Days Used # Days Used
Prlor To #Days Prlor To # Days
End of Ava1lable End of Available
Contract Year For Pay Contract Year For Pay
0 6 0 12
1 5 1 11
2 4 2 10
3 3 3 9
4 2 4 8
5 1 5 7
6 0 6 6
6+ 0 7 5
8 4
9 3
10 2
11 1
12 0
12+ 0
(3) Elect on or before July 1, to receive payment as computed
in (2) above for one-half of the days available for
payment on the schedule in (2) above and either "bank"
the remaining one-half of the available days for payment
or convert the remaining one-half of the available days
for payment to vacation time off on a day for day basis.
Those employees assigned to a 5/8 work schedule may
further elect to convert up to 3 add1tional days of those
days available for payment to vacation time off on a day
for day basis in lieu of receiv1ng a cash payment for
those available days. Such converS1on to vacatlon shall
be only for immediate use and shall not accrue to the
employee's vacatlon balance. That lS, such converted
vacation days shall be used dur1ng the contract year
wherein the option to convert is exercised; provided that
such benefits shall not be forfeited when an employee has
made reasonable attempts to use them but has been denied
permission to do so by the Department, in which case the
employee may carry the converted days lnto the next
contract year. Such converted vacation days shall be used
prior to the use of any other vacation days.
33
3.10.
3.11
.
.
(4) Elect on or before July 2, to cause the payment available
under the schedule in (2) above to be deposlted to
his/her account with the City's deferred compensation
plan assuming the plan can be so amended.
Payment for unused sick leave as specified in (2) and (3)
above shall be made 1n a separate check rather than in
the employee's regular payroll check.
Slck Leave Bonus
Any non-probationary employee subject to this MOD shall
receive a bonus of $250 1f his or her sick leave usage in
a contract year is less than the average sick leave usage
for all non-probationary employees subject to this MOD
during the same contract year. The payment wlll be made
by separate check within thirty (30) days after the end
of the contract year in question. In computing the
average, no employee shall be deemed to have used more
than twenty-four (24) days of sick leave in the contract
year, regardless of actual usage.
Filminq Assiqnments
The partles hereto agree that full-time sworn Police
personnel (including supervlsors) of the Santa Monica
Police Department shall be exclusively assigned to
provide public safety for filming companies filming on
location within the Santa Monica City limits. Employees
so assigned shall receive a minimum of eight (8) hours
pay at overtime compensation for all hours worked under
the terms of Section 2.03. The parties hereto agree that
the City may include as charges or fees to the filming
company administrative overhead costs. Such assignments
are expressly cond1tioned upon the filming company
agreeing to pay to the City all costs for and relating to
the ass1gnment of such employee including, but not
limited to, worker's compensation lnsurance premiums for
the purpose set forth in this Article. Such employees
shall have the r1ght to volunteer for this assignment by
causing their names to be placed on an availab1lity list.
Assignments shall be made from that list on a rotating
basis. However, if an insuff1cient number of volunteers
are available from that list to serve a particular
project, the City may asslgn any such employees who are
willing to work such project. The Department shall supply
the necessary two-way rad10 communication between the
employee and the Police Statlon and transportation from
the station to the fllming site. SubJect to the
provisions of this Art1cle, the administration of this
program shall be performed by the City at its discretion
and th1S Article shall be promulgated as Police
34
3.12
.
.
Department rules and regulat1ons. Employees in the
classification of Police Officer shall receive a bonus of
$50.00 for each day assigned to movie overtlme.
Health Incentive Bonus
Any employee hired on or after July 1, 1991 shall be
restricted from uS1ng any tobacco product both on duty or
off duty. This provision will be maintained throughout
sa~d employee's tenure w1th the Santa Monica Police
Department as a condition of employment.
All employees who currently habitually use tobacco may
enroll in a non-smoking clinic deslgnated by the City, at
the City's expense. As soon as any employee has
demonstrated to the C1ty that he/she has not used tobacco
for the past six (6) months, that employee wlll receive
a one-time only bonus in the sum of $250.00. At such time
that all employees qualify for that bonus, and provided
that no employee 1n the unit has resumed or commenced the
use of tobacco, each employee covered by this Agreement
who has not already recelved a bonus pursuant to this
Section shall receive a one time only bonus 1n the form
of a cash payment of $250.00. An employee who takes up
the use of tobacco solely for the purpose of collecting
the bonus provided in th1S section shall not be eligible
to receive said bonus.
35
.
.
ARTICLE IV: LEAVES
4.01.
Paid Holidays
A. There shall be 12 pa1d holidays for permanent
employees covered herein, f1ve of which shall be
floating hol1days. The holidays shall be:
New Year's Day - January 1
*Dr. Martin Luther King'S Birthday - Third
Monday in January
*Lincoln's Birthday - February 12
Washington's Birthday - Third Monday in
February
Memorial Day - Last Monday in May
Independence Day - July 4
*Labor Day - Flrst Monday ~n September
*Admissions Day - September 9
*Columbus Day - 2nd Monday in October
Veteran's Day - Fourth Monday in October
Thanksgiving Day - Fourth Thursday in November
Christmas Day - December 25
All Other Holidays Declared By The City Council
(*FLOATING HOLIDAYS ONLY)
B. Whenever any day listed herein as a paid hollday
falls upon the first or second day off of any
employee who has two (2) consecutive days off, the
day preceding shall be deemed the hol1day if it
falls on the first day off, and the day following
shall be deemed the holiday if it falls on the
second day off 1n lieu of the day listed. Whenever
any day listed herein as a paid holiday falls upon
any day off of an employee who does not have two
(2) consecutive days off, the following day shall
be deemed the hol~day for such employees.
C. Employees shall be paid for such holidays in the
pay period 1n which the holiday falls based upon
the hourly rate equivalent of the monthly effective
salary computed to the nearest one-tenth of an hour
except as provided below or in Section 6 05.
D. Floatlng holiday hours must be taken off or
converted to pay prior to the end of the fiscal
year in WhlCh they are earned. If this time cannot
be used or is not converted to pay by the end of
the fiscal year, the value of those hours shall be
paid to the employee at the employee's base salary
prior to the negotiated increase for July 1 of the
next fiscal year. The use of floating holidays
36
4.02.
4.03
.
.
shall be subject to the same approval as vacation
time off.
E. Subject to the provisions of Section 4.01(D),
floating holiday hours may be used at any time
during the fiscal year 1n which they are earned. If
an individual's employment terminates during the
fiscal year, the use and payment of floating
holiday hours shall be pro rated.
Vacation Leave
Each permanent employee covered herein shall accrue
vacation leave with pay on the following basis:
A. Following completion of the first six calendar
months of continuous service, six (6) worklng days.
B. Thereafter, up to and including five completed
years of contlnuous service, one (1) working day
for each completed calendar month of service.
C. Thereafter, up to and including ten completed years
of continuous service, one and one quarter (1.25)
working days for each completed calendar month of
service.
D Thereafter, up to and including fifteen completed
years of contlnuous service, one and one-half (1.5)
working days for each completed calendar month of
service; and
E. Upon completion of fifteen years of cont1nuous
service and thereafter, one and three-fourths
(1.75) working days for each completed calendar
month of service.
F. Vacation benef1ts may be accumulated to a maximum
of three times the particular employee's annual
accrual rate.
Sick Leave
Slck leave shall be defined as:
Absence from duty because of illness or off-the-job
inJury, or exposure to contagious diseases as evidenced
by certification from an accepted medical authority,
medical or dental appolntments of the employee or the
employee's dependent spouse or children which could not
be scheduled during non-work hours, with proper advance
37
.
.
not1fication to the department head, or illness or injury
of the employee's dependent spouse or children.
Each incumbent of a line-1tem pos1tion shall accrue sick
leave with pay on the following basis'
A. Following completion of six (6) calendar months of
continuous service, six (6) working days. Thereafter up
to and including ten (10) completed years of serv1ce, one
(1) working day for each completed calendar month of
contlnuous service. Upon completion of the tenth (lOth)
year of service and thereafter, two (2) working days for
each completed calendar month of service until the
employee attains a bank of sixty-f1ve (65) days, at which
time the accrual rate shall drop to and remain at one (1)
working day per completed calendar month of continuous
service.
B. For all employees covered hereunder, sick leave shall
begin with the first day of illness.
C. The foregolng benefits are cumulative.
D Full-time employment, for the purpose of this section,
shall be construed as the forty (40) hour week regardless
of the hours actually worked in a calendar week. A
line-item position incumbent employed less than forty
(40) hours per week shall accrue slck leave in proport1on
of the sick leave for full-time employment as the number
of hours per week budgeted in that position bears to the
forty (40) hour week.
E. Department Heads shall be responsible to the City Manager
for the uses of sick leave. Department Heads shall
require proof of illness from an authorized medlcal
authority for sick leave in excess of five (5)
consecutive working days and may require such proof for
periods of less than five (5) consecutive worklng days.
F. The Director of Personnel shall devise standardlzed forms
and procedures for the maintenance of sick leave records.
G. The right to benefits under the sick leave plan shall
continue only durlng the period that the employee 1S
employed by the City. This plan shall not give any
employee the right to be retained in the services of the
City, or any right of claim to sickness d1sabil1ty
benef1ts after separation from the service of the City
H. Notwithstanding anything contained in this section, no
employee shall be entitled to receive any payment or
other compensation from the City while absent from duty
38
4.04.
.
.
by reason of injuries or d1sability received as a result
of engaging in employment for monetary gain or other
compensation, or by reason of engaging in buslness or
activity for monetary galn or other compensatlon.
I.
Any employee who 1S absent because of sickness or other
physical disability shall notify his Department Head or
other supervisor in accordance with the Department's
Policy and Procedure Manual.
J.
If the employee's absence on slck leave exceeds th1rty
(30) calendar days, employee must submit a statement and
medical certificate on an official City form prior to
his/her being granted relnstatement to Clty service.
K.
At the written request of the appointing authority, the
Personnel Director may require an employee to submit to
an examination by the City's medical examiner, and lf the
results of the examination indicate that the employee is
unable to perform his/her duties or in the performance of
his/her dut1es exposes others to infection, the employee
shall be placed on administrat1ve sick leave w1thout
privilege of reinstatement, until adequate medical
evidence is submitted that the employee is competent to
perform his/her duties or w1ll not subject others to
infection. Any employee so examined shall have the right
to subm~t the reports of a competent medical authority of
his own selection, and at his own expense, in addition to
the report submitted by the City med1cal examiner. In the
event of a conflict of opinion and/or recommendations of
the two examiners, a third examiner shall be selected by
the first two examiners, and a f1nal decis10n shall be
made by the Personnel Board based on the three reports.
Leave Of Absence Without Pay
An employee may be granted a leave of absence without pay
upon application approved by the Department Head and the
City Manager. Such leave may not exceed one year's time.
Upon explration of the leave, the employee shall be
reinstated to the position held before the leave was
granted, with full sen1or1ty except that when the leave
is for more than 30 days, seniority rights shall extend
only to the date of commencement of the leave. Such leave
shall be granted only in those cases where an employee's
record of serv~ce and qualifications make it desirable
for the City to retain the employee's services even at
the cost of some lnconvenience to the City.
39
4.05.
4.06.
4 07.
4.08.
.
.
Bereavement Leave
Bereavement leave of not more than f~ve (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immedlate family,
meaning spouse, child, brother, sister, parent,
parent-in-law, step-parent, step-brother, step-sister,
son-in-law, daughter-in-law, grandparent, grandchild or
any other relative living In the same household.
Bereavement leave 1S not a part of sick leave and no
reduction of accumulated sick leave shall be made for the
use of Bereavement leave.
Military Leave
A permanent employee covered herein, who ln time of war
or national emergency as proclaimed by the President of
the United States or the Congress of the United States,
or while any national conscription act is in effect, is
inducted into the armed forces of the United States or
who leaves employment with the City to enter voluntarily
the armed forces and w1thin a reasonable time after
leaving employment with the City does enter such service,
shall be granted a leave of absence without pay for the
duration of the period of act1ve service w1th such armed
forces. If such employee receives an honorable discharge
or its equivalent, and the pos1tion still exists and the
employee otherwlse is qualified to fill the same, the
employee shall have a right to return to the position
with the City within six months after the termination of
such active service but shall not have a right to so
return later than SlX months after the end of the war or
after the time the President or Congress proclaims the
national emergency is termlnated, or after the expiration
of the natlonal conscriptlon act. Such an employee shall
receive seniority and other credits on the same basis as
though the employee had remalned in the C1ty service and
had not taken such military leave. Leaves of absence
with pay for temporary military duty shall be granted in
accordance with applicable federal or state law.
Workers Compensation Leave
Workers compensation leave shall be in accordance with
applicable Californ1a State law.
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 months
40
.
.
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 expirat~on. Paid vacation
leave, and s~ck leave if applicable, as well as unpaid
leave shall be counted toward the four month total.
Additional leave may be requested under the provisions of
this MOD governing leaves of absence without pay.
Primary responsibil1ty may be established by providing
documentation that the employee's spouse is medically
incapacltated or that the spouse 18 gainfully employed
during hours the employee 1S normally scheduled to work
and no schedule change for the employee or spouse is
possible.
Maternity leave is not the same as parental leave and
shall be administered 1n accordance with Federal and
State law.
41
.
.
5.01.
ARTICLE V: WORKING CONDITIONS
Safety
5.02.
5.03.
The City shall provide a reasonably safe and healthy
working environment in accordance with applicable State
and Federal laws, rules and regulat1ons. SMPOA agrees
that where safety devices or items of protective
equipment are required or furnished, their use shall be
mandatory.
It is mutually agreed that a representative of SMPOA may
attend meetings of the Administrative Safety Committee
when, in the opinion of such representative, a safety
hazard exists which should be considered by the
Administrative Safety Committee.
Effect Of Job Performance On Salary
The City Manager, in exceptional cases, based upon
specific appraisal of the importance and d1fficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorlze entrance
salarles higher than the mlnimum, and special ~ncreases
above the amount prescrlbed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provis1ons contained here1n, there
will be no increase in wages of any k1nd as a result of
a NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rat1ng has
been improved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE, an employee
may be dismissed from service, and if two consecutive
performance ratings are marked NOT ACCEPTABLE, employee
shall be dismissed by appointing authority for
inefficiency (SMMC Section 2.04.490). Any overall rating
ln the BELOW SATISFACTORY category may delay the next
scheduled salary step increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least a
SATISFACTORY level.
Employee Parkinq
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
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5.04.
5.05.
5 06.
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employees at City facilities. The employees covered by
this agreement recognize that the City must comply with
Regulat10n XV issued by the Air Quality Management
District (AQMD) and the City's Transportation Management
Plan Ordinance. If the use of positive incentives does
not result in the City meeting the compliance
requirements of AQMD's Regulation XV or the City's
Transportation Management Plan Ordinance w1thin one (1)
year of the effective date of this agreement, it 1S
understood that the Ci ty can implement a charge for
employee parking ln an effort to meet those requirements.
In addition, if it should become necessary to charge for
parking during the term of this agreement 1n order to
comply with any other State or Federal requirement
regard~ng transportation management, the City can
implement said charge. However, in no event shall the
City implement such a charge for park1ng without meet1ng
and conferr1ng with SMPOA should any employee(s)
represented by them be subject to such a charge.
Vacation/Sick Leave Notificatlon
The City shall prov1de not~fication to each affected
employee on at least one occasion per month of the then
current balance of said employee I s accrued sick leave and
vacation benefits and shall post on the bulletin boards
in the Department each month each employee's unused,
floating holiday benefits and earned and unused
compensatory time off benef1ts.
Conduct Review
The procedures for reviewing the conduct of an employee
shall be those procedures contained in the Police
Department's Policy and Procedures Manual as of the
effective date of this Agreement. SMPOA shall be allowed
to appoint one (1) member for any committee convened to
review the appropriateness of conduct of an employee
covered by this Agreement which may result 1n disc1pline.
The committee member designated by SMPOA shall be
furnished copies of all reports, recommendations and
other documentation prepared by the conduct review
committee 1n the discharge of its off1cial duties.
Use of Civilian Employees and Volunteers
Non-sworn employees and volunteers
Department (except Level 2 reserves
regular sworn officer) shall not:
in the
working
Police
with a
A. Rout1nely and knowingly 1nterview or interrogate
suspects.
43
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B. Act as primary investigatlng officer for the
purpose of prosecution or file cases with
prosecutors, except in regard to an1mal regulation
and child and sexual abuse cases.
C. Take any enforcement action other than to report a
situation to a police offlcer or the dispatcher,
except to issue parking citations, impound a
vehicle, control traffic or issue animal regulation
citations where those duties are consistent with an
employee's classification specification.
D. Replace sworn officers in overtime as slgnments
(including mOV1es, beach detail, concerts, dances,
board and commisslon meetings) except those f1eld
assignments where sworn officers have not been
routinely used and unless all sworn personnel have
declined the overtime or unless the Chief of Police
determines that non-traditional deployment is
necessary.
Under the Chief of Police, reserves shall be
limited to performing Level 2 and Level 3 duties
even though certified at Level 1 and shall be
immedlately supervised by Pollce Department
employees except in exceptional Clrcumstances.
Santa Monica Unified Radio Volunteers (SURV) may be
used in the field only to observe and report
potential pollce activity.
Volunteers other than reserves shall be limited to
traditional clerical duties and shall not take
cr1me or acc1dent reports.
Nothing in this agreement restricts the continued
use or deployment of SMPD police explorers and/or
interpreters.
The restr1ctions noted above may be modified in
cases of emergency where common sense dictates
except10nal assignments.
44
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.
6.01.
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions
6.02.
6.03
It lS 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 from the first and
second paychecks of each calendar month, and rem1t to the
office or officer designated in the employee payroll
deduction authorizatlon, recogn1zed employee organization
dues, credit union investments or payments, health and
hospltalizat1on insurance premiums, and life and accident
and other insurance prem1ums.
Reasonable Notice
Reasonable written notice as defined in Sectlon 3504.5
California Government Code shall be glven on all matters
requiring such notice under sald sectlon.
Agency Shop
A. Each employee in the classification of police
Officer as of the effective date of this Agreement
and all new hires within 30 days of commencement of
employment shall execute a payroll deduction
authorization form as furnished by SMPOA, and
thereby either 1) become and remain a member in
good standing in the SMPOAi ~ 2) pay to the SMPOA
a monthly serVlce representatlon fee, based on
SMPOA's representation expenses accrued during the
term of this agreement.
B. If any such employee is a member of a bona fide
religion, body or sect which has historically held
conscient1ous objections to joining or financially
supporting public employee organizations, such
employee shall not be required to join or
financially support SMPOA, but, upon providing
proof of such conscientious objection shall, in
lieu of joining or supportlng SMPOA, be required to
pay sums equal to the amounts referred to above in
paragraph A(2) to a non-religious, non-labor
charitable fund exempt from taxation under Section
501 (c) (3) of the Internal Revenue Code.
C. The City and SMPOA shall jointly not1fy all
employees in the classification of Police Officer
that they are requ1red to pay dues or a service
representat~on fee as a condition of this section
and that such amounts shall be automatically
deducted from the1r paychecks. The religious
45
6 04.
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.
exemption and the employees' rights under
Government Code Section 3502.5 (Meyers~Milias-Brown
Act, as amended) shall also be expla1ned. The cost
of this communication and the responsibility for
its distribution shall be borne by SMPOA.
D. It is agreed that the C1ty assumes no obligations
to enforce the provis1ons of the above paragraphs
beyond implementing any valid payroll deduction
authorizations submitted by unit employees
authorizing the deduction of service fees or other
author1zed payments to SMPOA, or amounts in lieu of
service fees to specified authorized charities.
Enforcement of the payments that employees are
obligated to make under the above paragraphs shall
be within the discretion and the sole
responsibility of SMPOA by way of civil court
action against such allegedly non-complying
employee.
E. Within 60 days after the end of each fiscal year,
SMPOA shall provlde the City with detailed
financial documentation, which shall meet the
requirements of Government Code Section 3502.5(d)
and which shall specifically include an itemization
of all expend1tures by function or purpose and from
which it can readily by ascerta1ned the proportion
that the costs of negotiation, administering the
MOU, and gr1evance processing bore to total union
expenditures
F. It is recognized that SMPOA, as the exclusive
representative of all unit employees, 1S required
to represent all unlt employees fairly and equally
without regard to association membershlp or
non-membership or their assert10n of rights under
th1S MOU or the law.
G. Upon request by SMPOA, the City shall furnish the
association the name, date of h1re, and salary of
all newly hired employees subj ect to this
agreement, along with verif~cation of transmittals
to any charitable organizations.
Chairperson's Shift
If the Cha1rperson of SMPOA is a Police Officer, he/she
shall have the right to select the shift to which helshe
wlll be assigned during his/her term of office, provided
that more than one shift 1S applicable to the Officer's
assignment.
46
6.05.
.
.
Time off For SMPOA Business
A maXlmum of four hundred (400) hours time with pay will
be allowed for each annual period of th1S Memorandum of
Understanding to employee representatives, as designated
under Section 4.02 of Ordinance No. 801 (CCS) , for lawful
SMPOA business, including preparation for, and
part1cipation in, meet and confer negotiations with the
City. Accounting for and written prior approval of said
four hundred (400) hours pa1d time shall be maintained 1n
the office of the Chief of Police.
Employees covered hereln shall receive pay for
four hours of holiday time for the July 4th holiday. The
City will credit the bank for SMPOA business by an amount
equal to four hours for each employee in pay status as of
July 4th.
The City shall make available to the Association each
month, an accounting of the number of such holidays hours
(as well as the cumulative total of the particular fiscal
year) and of the total number of such hours of time off
util1zed by authorlzed Association representative during
such time periods.
Any unspent hours in the bank at the end of a fiscal year
shall be carried over for use in subsequent fiscal years,
including those hours in the bank which were not used
prior to June 30, 1985.
Time spent in the conduct of meet and confer negotiations
in excess of that allowed by the term of Ord1nance No.
801 (CCS) (currently one representative for each 50
positions in the unit of representation as authorized by
the City Council is allowed time off with pay) shall be
charged to the bank. If during the term of this
agreement, the Clty increases the number of employees
allowed time off with pay to meet and confer in good
falth for any other employee group over and above that
currently set forth ~n Ordinance No. 801 (CCS), that
1ncrease will apply to SMPOA on the same terms as
applicable to such other group.
Said bank of hours shall be available to authorized
representatives of SMPOA for time off with full pay for
lawful Assoclation activities but shall not be utilized
unless predesignated authorized representatives of SMPOA
submit a prior written request to utilize such time and
said request has been approved by the Chief of Police or
hislher predesignated representative.
47
6.06.
.
.
The determination by the Chief of Police as to whether
the request shall be approved shall be based on the needs
of the Santa Monica Police Department. The C~ty and
SMPOA will mutually decide upon a specif1c day (e. g. ,
Monday) of the week on which the Chairperson, or a
designee, will be released to conduct SMPOA business. It
will be the same day each week. The release of the SMPOA
Chairperson, or designee, can be revoked if the officer
in charge determines that the absence of the SMPOA
Chairperson, or designee, for the day will result in
overtime costs for the Police Department. In the event
the release of the Chalrperson, or designee, is revoked,
SMPOA will be allowed to subst1tute another SMPOA
representative for the release time providing his/her
absence wlll not result in additional overtime for the
Pol1ce Department. In all cases, the decision of the
Chief of Police shall be final.
The Chief of Police may allow an employee covered by this
Agreement to rece~ve release time without loss of
compensation to hold office 1n a State of California or
national law enforcement organ1zation to the extent that
the organization reimburses the City for the full value
of that release time.
Gr1evance and Complaint Policy
In the event any grievance, disputes or dlsagreements
arise concerning matters within the scope of
representation of the recognized employee organization,
such grievance, dispute or disagreement shall be resolved
as follows:
A. Grievances, disputes or disagreements concernlng
the interpretation or application of the terms of
this MOU shall be resolved, if possible, by meetlng
and conferring in good faith. If unresolved by
such meetings, the parties shall consider
subm1tt1ng such issues to mediation as provided by
Ordinance No. 801 (CCS). In the absence of
agreement to mediate, or failure of mediation, or
arbitration by mutual consent, the 1ssue shall be
resolved by an action in a court of competent
jurisdiction on motion by e1ther party.
B _ Grievances, disputes or disagreements invol v1ng
removals, demotions, or suspensions shall be
resolved through one of the following procedures
which shall be selected by the affected employee in
each case:
48
6.07.
. .
(1) A full and fair eV1dentiary hear1ng before the
Personnel Board in accordance with the civil
Service provisions of the Santa Mon1ca City
Charter and Municipal Code; or
(2) A full and fair evident1ary hearing in
accordance with the City Charter and Municipal
Code before a hearing officer selected by
mutual agreement of the parties or as
otherWlse provided in any ordinance adopted by
the City Council. The hearlng officer's
decision shall be presented to the Personnel
Board for approval or rejection; provided that
if the Personnel Board elects to reject the
hearing officer's dec1sion it must render an
independent decision after conducting a full
and fa1r evidentiary hearing as provided ln
Paragraph (1) above.
Subject to the right to seek judiclal review, both
parties agree that they will be bound by:
(1)
A decision of the Personnel
whether the removal, demotion,
was with or without just cause.
Board as to
or suspension
(2) A decision of the Personnel Board that the
removal, demotion, or suspension imposed by
the City was without Just cause and that some
lesser degree of discipline should be imposed.
C. Other grievances, disputes or disagreements shall
be resolved as provided by the civil service
provisions of the Santa Monica Munic1pal Code;
provided, however, that representation by the
recognized employee organization shall be lim1ted
to grievances, disputes or disagreements which
cannot or have not been resolved between the
employee and his immediate supervisor or the
employee and h1S Department Head.
Representation by the recognized employee organization
shall be limlted, in this class of grievance, to
appearances before the lowest level of supervision not
represented by the employee organization, the department
head, Personnel D1rector, and the City Manager.
Court Reporter
In any disclpllnary appeal under Sect~on 2.04.680 of the
Municipal Code, the SMPOA may request that a Court
49
6.08.
.
.
Reporter record the proceedings. The cost of the Court
Reporter shall be shared equally by SMPOA and the City.
New Pol1ce Denartment Facility
In the event the City of Santa Monica constructs a new
Police Department facility, the City agrees to meet and
confer with SMPOA as to space to be allocated to SMPOA.
Also subject to said meet and confer process will be the
issue of how the SMPOA space will be utilized and under
whose control that space will fall.
50
-.
.-
.
,.
.
IN WITNESS WHEREOF, the parties hereto have caused this
memorandum of understanding to be executed this 24th day of
No~ember , 1993
APPROVED AS TO FORM:
CITY OF SANTA MONICA
JO~
City Manager
OFFICERS
~
<;. -r-rA.~~ IS> '\
51
.
POLICE OFFICER
POLICE SERGEANT
POLICE LIEUTENANT
POLICE CAPTAIN
EXHIBIT "A"
JOB CLASSIFICATIONS
52
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