R-8699
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RESOLUTION NO. 8699
(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
ADMINISTRATIVE TEAM ASSOCIATES
WHEREAS, the City administration and representatives of
the Administrative Team Associates 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
determination; and
WHEREAS, the purpose of the Memorandum of Understanding
is to promote and provide harmonious relations, cooperation, and
understanding between the City and the Administrative Team
Associates;
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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 Administrative Team
Associates, 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:
~~
JOSEPH LAWRENCE
Acting city Attorney
(KB. "ata8")
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Adopted and approved tlus 14th day of December, 1993
~!f,I'
I hereby certify that the foregoing Resoluuon No 8699 (CCS) was duly adopted at a
meeting of the CIty Council of the CIty of Santa Monica on the 14th day of December, 1993
by the followmg vote
AYES: Councilmembers:
Genser, Greenberg, Holbrook, Olsen, Vazquez,
Mayor Abdo
NOES: CouncIlmembers:
NONE
ABSTAIN Councllmembers:
NONE
ABSENT' CouncIlmembers
Rosenstem
ATTEST:
Lt:E<r~
----- CIty Clerk {
ARTICLE I:
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
1.17
ARTICLE II:
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
ARTICLE III:
3.01
3.02
3.03
3.04
3.05
3.06
3.07
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
ADMINISTRATIVE TEAM ASSOCIATES
TABLE OF CONTENTS
GENERAL PROVISIONS
Parties to Memorandum......... ..... ........ ..... 3
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Term of Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
City council Approval..... .................. .... 4
Recognized Employee Association Name........ .... 4
Scope of Representation. ........... ....... ...... 4
Full Understanding, Modification and Waiver. .... 4
Management Rights Reserved......... ......... .... 5
Peaceful Performance of City Service........ .... 5
Validity of Memorandum of Understanding..... .... 6
Captions for Convenience................. 7
Non~D~s~rimination and Equal Employment..... .... 7
Def~n2t~ons. ..... " .. . ........ . . . .. .. . . . . . .. .... 7
Overpayment Remedy.... ......................... .10
Payments at Termination....................... .10
compensation & Benefits for Part-Time Employees 10
Demotions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
COMPENSATION
Effective Date of Pay Increase.............. ... .12
Salar~es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Overtime ............................. . . . . . . .13
Promotional Pay Rate.................. ...... .14
Y-Rating . . . . . . . . . . . . . . . . . . . . . . . . . .. ........ .14
Pay for serving in a Higher Job Classification. .14
Skill Pay.. .......................... . . . . . . . .15
Supervisory Differential. . . . . . . . . . . . . . . . . . . . . . . .17
Shift Differential..................... . . . . . . . . .17
SUPPLEMENTAL BENEFITS
Health Insurance Programs.... ............ ..... ..18
Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Tuition Reimbursement........ .......... ....... ..20
Deferred Compensation... . . . . . . . . . . . . . . . . . . . . . . . .20
Mileage Reimbursement and Energy Conservation. ..21
State Disability Insurance. ...................21
Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
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3.08
3.09
ARTICLE IV:
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
ARTICLE V:
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5 08
ARTICLE VI:
6.01
6.02
6.03
6.04
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Uniforms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Term Life Insurance............................. 23
LEAVES
Paid Holidays.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
Vacation Leave..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26"
Leave of Absence Without Pay................... .27
Military Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
Workers' Compensation Leave.................... .27
Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... 27
Bereavement Leave............... . . . . . . . . . . . . . . . .28
Administrative Leave........................... .28
Parental Leave...... . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Family Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
WORKING CONDITIONS
safety and Loss Prevention......... .......... ..30
Effect of Job Performance on Salary........... ..30
Effect of Reassignment/Recertification on
Skill Pays.................................... 31
Employee Parking................................ 31
Official Personnel File............. ......... ...32
Reduction in Hours from Full-Time to Part-Time..32
work Schedules.................................. 32
Promotions. . . .. ................................32
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions.............................. 34
Reasonable Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
Time Off for Association Business... ......... ...34
Grievance and complaint Procedure... ......... ...34
EXHIBIT A................................................... .40
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1. 01
ARTICLE I: GENERAL PROVISIONS
Parties to Memorandum
1. 02
1. 03
This Memorandum of Understanding has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
City of Santa Monica, which Ordlnance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the City Manager on behalf of
management officials of the City and by the
ADMINISTRATIVE TEAM ASSOCIATES (ATA) , and on behalf of
employees occupying the line-item position
classifications set forth in Exhiblt A which is attached
hereto and made a part hereof.
In the event new job classifications are created which
are proposed to be added to the ATA unit, the Municipal
Employee Relations Officer will notify ATA prior to the
Personnel Board and City Council considerations of the
new classifications. Any classifications proposed to be
added to the unit shall be mutually agreed upon in
writing and will become effective upon execution by the
Managing Director of ATA and the Municipal Employee
Relations Officer.
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equitable means of
resol ving differences which may arise under this
memorandum, and to set forth the full agreements of the
partLes reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by ATA.
Term of Agreement
This Agreement shall be effective as of the 1st day of
July 1993 and shall remain in full force and effect until
the 30th day of June 1994. It shall be automatically
renewed from year to year thereafter, unless either party
shall notify the other in writing not later than March 1
of each year that Lt desires to terminate or modify this
Agreement, and specifically indicates requested
modifications. In the event that such notice is given,
negotiations shall begin no later than April 1 with a
signed contract desired by July 1.
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1. 04
1. 05
1. 06
1 07
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City CounCll Approval
This MOU is of no force or effect whatsoever unless or
until ratified and approved by resolution duly adopted by
the City Council of the City of Santa Monica.
Recognized Employee Association Name
The Administrative Team Associates (ATA) is hereby
acknowledged as the Recognized Employee Organization
representing only the permanent 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 the ATA as the Recognized Employee Organization:
A.
Does not preclude employees
position classifications
themselves indlvidually in
relations with the City.
such line-item
representing
employment
in
from
their
B. Does not preclude or restr~ct the right of
management officials to meet and consult with
employees in such employment position
classifications concernlng their employment
relations with the City.
Scope of Representation
The scope of representation of the Recognized Employee
Organization shall include all matters relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance No. 801 (CCS).
Full Understanding, Modification and Waiver
The partles agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly wlthin the scope of representation as
outlined in Section 2.05 of Ordinance No. 801 (CCS).
This MOU constitutes the full and complete agreement of
the parties and there are no others, oral or written,
except as specified in this Agreement. The parties are
not bound by any past practices or understandings of
either party unless such past practices or understandings
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1. 08
1. 09
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are specifically stated in this MOU except that
provisions or conditions not specifically changed in this
or previous MOU's shall be as prescribed by the Ci viI
Service provisions of the Santa Monica City Charter and
the Santa Monica Municipal Code. Each party, for the
term of this MOU, specifically waives the right to demand
or petition for changes herein, whether or not the
subjects were known to the parties at the time of
execution hereof as proper subjects within the scope of
representation as outlined in Section 2.05 of Ordinance
No. 801 (CCS).
Management Rights Reserved
The City retains all rights not specifically delegated by
this Agreement, including, but not limited to, the
exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees.
suspend,
schedule,
hire, promote,
transfer, assign,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by whlch government operations are to be
conducted.
E. Determine the overall m~ssion of the unit of
government.
F.
Maintain and improve the efficiency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the mission
of an agency in situations of emergency.
H. Take whatever other actions may be necessary to
carry out the wiShes of the public not otherwise
specified above or by collective agreement.
Peaceful Performance of City Service
It is mutually understood and agreed that participation
by any employee in a strike or a concerted work stoppage
terminates the employment relatlonship in the absence of
specific written waiver of such termination by an
authorized management official.
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1.10
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A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, slow-down, sit-down,
stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down, sit-
down, stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services, the City, in addition
to any other lawful remedies or disciplinary
actions, may by action of the City Manager cancel
any or all payroll deductions, prohibit the use of
bulletin boards, prohibit the use of City
facilities, and prohibit access to former work or
duty stations.
C. Neither the employee organization, nor any person
act~ng in concert with them, will cause, sanction,
or take part In any str~ke, walk-out, sit-down,
slow-down, stoppage of work, picketing, retarding of
work, abnormal absenteeism, withholdlng of services,
or any other interference with the normal work
routine. The provisions of this Article shall apply
for the same term as this Agreement, or during any
renewal or extension thereof. Violation of any
provision of this MOU by the Recognized Employee
organization shall be cause for the City, at its
sole option, to terminate this Agreement in addition
to whatever other remedies may be to the City at law
or ~n equity.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
Validity of Memorandum of Understanding
If any provision of any Section of this MOD is determined
to be invalld or illegal by a court of competent
jurisdiction, then such provision shall be severed from
this MOU, but the remainder hereof shall remain In full
force and effect. The parties hereto shall immediately
commence to negotiate for the purpose of replacing any
such invalid or illegal provision.
Should any change be made in any Federal or State law, or
in any rules and regulations implementing such
legislation, or in any City Charter provision or Santa
Monica Municipal Code provision which would be applicable
and contrary to any provision of any Section herein
contained, then such prov~sion of this MOU shall be
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1.11
1.12
1.13
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automatically terminated, but the remainder of this MOU
shall remain in full force and effect. Such legislation
and/or rules and regulations shall supersede this MOU and
applicable clauses shall be substituted for those ruled
invalid or illegal. The parties hereto shall immediately
commence to negotiate for the purpose of replacing any
such invalid or ~llegal prov~s~on.
Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Non-Discrimination and Equal Employment
It is hereby agreed by the parties to this MOU that they
will fully comply with all applicable local, State and
Federal laws, rules and regulations prohibiting
discrimination and governing equal employment
opportunity. The Affirmative Action Program and the
Sexual Harassment Policy of the City of Santa Mon~ca are
affirmed by both partles to this MOU and lncorporated by
reference herein. Both parties agree to abide by the
requirements of the Americans with Disabilities Act
(ADA) .
Every City employee is expected to respect the dignity of
every other City employee and to refrain from any
actions, including the use of slurs or jokes regarding
sex, age, race, national origin, religion, disability or
sexual preference/orlentation wh~ch could be construed as
harassment. Harassment of fellow employees is a
violation of City policy. No employment decision shall
be based on an employee's submission to or rejection of
such conduct.
Compla~nts of a sens~tive nature, including complaints
involving sexual harassment or any other violation of
Title VII of the 1964 Civil Rights Act, as amended, which
involve a supervisor or manager whose conduct is the
subj ect of the complaint may bypass any step of the
standard grievance procedure outlined in Section 2.04.740
of the Santa Monica Municipal Code.
Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. "Salary Range" shall mean the 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.
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B. "Salary Range Steps A through E" for each line-item
position classification within the City work force
shall mean and be established to bear the following
percentage relationship to salary Range Step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be in annual
step increments contingent on satisfactory service.
Step A - 81% of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is fifty (50) cents or less
and the next higher dollar when the computed amount
is fifty-one (51) cents or more.
D. "Line-item position" shall mean a position which is:
(1) specifically itemized in the personnel schedule
of the annual budget of the City of Santa
Monica, and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage
of the full-tlme forty (40) hour week. Other
fringe benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-time basis.
E. "Permanent Employees" shall mean:
(1) A person who is legally an incumbent of a line-
item position, full or part-time; or
(2) A former incumbent of a line-item position on
authorized leave of absence from a regularly
budgeted position which position is held
pending the employee's return.
The term "permanent employee" shall not be construed
to imply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to his/her status under the Municipal Code and City
Charter and applicable State law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry ~nto a
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position in the classif~ed service of the City of
Santa Monica, either by original employment, re-
employment or promotion. The date of entrance for
employees with broken service shall be considered as
the date on which the last unbroken service was
effective.
G. "Satisfactory Service" shall mean the attainment of
an overall rating not less than "Satisfactory" on
the performance report associated with the
employee's most recent date of entrance anniversary.
H. "Full-Time Work Week" shall mean forty (40) hours
within the seven (7) consecutive days (i.e., seven
consecutive 24-hour periods) established as the work
week for the affected employee(s).
(1) Incumbents of line-item positions employed in a
work week greater than that defined as the
full-time work week shall be compensated for
hours in excess of the full-time work week on
the basis of and in accordance with the
provisions of the MOU Section relating to
overtime.
(2) 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 time 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, 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.
1.
"Pay" shall mean compensation
worked, sick leave, vacation,
holidays, administrative leave
time off and/or jury duty.
for regular hours
bereavement leave,
days, compensatory
J. "Completed Calendar Month of Service" shall mean a
calendar month in which an employee has been earning
pay for eleven (11) or more working days.
K. "Base Rate" shall mean the hourly rate for the
employee's salary step excludlng any special
assignment, bonus pays or other compensation.
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1.14
1.15
1.16
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L.
nY-rated" shall
employee's salary
day preceding the
action placing the
mean the maintenance of the
rate at the level effectl.ve the
effective date of the personnel
employee in a lower salary range.
M. "Municipal Employee Relations Officer" shall mean
the Cl.ty Manager.
N. "Working Day" as used in the sections of this
Agreement pertaining to vacation accrual (Section
4.02) and sick leave accrual (Section 4.03) shall
mean eight (8) hours.
O. "Compressed Work Schedule" shall mean a work
schedule in which a full-time employee is assl.gned
to work a total of el.ghty (80) regularly scheduled
work hours in nine (9}, or less, days in a given
two-week (i.e., two work week) period.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
City for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifies the affected employee in writing. The
overpayment shall be reimbursed by payroll deductions
over a time period equal to the time period the
overpayment was made, or by any other reasonable
repayment method mutually acceptable to the City and the
employee. 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 Termination
When permanent employees covered herein leave the service
of the City of Santa Monica, they shall be entitled to
lump-sum payoff of vacation leave, unused floating
holiday, unused accrued compensatory time and unused
accrued administrative leave days only. No claim shall
be made against the City for the use or payment of unused
accrued sick leave, nor shall the effective date of
termination be extended by the use of compensatory time,
sick leave, vacation or other leave days.
Compensation & Benefits for Part-Time Employees
Incumbents of line-item positions employed in a work week
less than that defined as the full-time work week shall
be compensated in that proportion of the compensation for
full-time employment as the number of hours budgeted for
that position bears to the full-time work week.
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1.17
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Incumbents of line-item positions regularly working less
than the full-tlme work week shall accrue vacation, sick
leave, administratlve leave and other time off in the
same ratio as the average number of hours they work per
week is to the full-time work week for the position
occupied. Other fringe benefits shall be provided to
part-time employees covered herein as if they were
employed on a full-time basis.
Demotions
All demotions shall be in accordance with the City
Charter and the Santa Monica Municipal Code.
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2.01
ARTICLE II: COMPENSATION
Effective Date of Pay Increase
2.02
Notwithstanding any other provision contained herein,
changes to the salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
Salaries
Salaries of City employees in line-item positions shall
be on a monthly rate, paid on a bi-weekly equivalent
basis. In lieu of the bi-weekly equivalent to a monthly
rate, the City Manager may fix the compensation of any
position at an hourly rate. In positions for which the
work week is forty (40) hours, the hourly rate shall be
determined by dividing the bi-weekly rate by eighty (aD).
A. Effective July 1, 1993, the E-step salaries of
employees covered herein shall remain unchanged.
B. A given classification covered by this MOU will be
eligible to receive an equity adjustment providing
that the compensation study conducted by the City of
Santa Monica substantiates the need for an equity
adjustment to bring the salary range of that
classification in line w1th the mean salary paid to
the same classification found in comparable cities.
The City will be willing to receive and evaluate any
salary comparison data that ATA might want to make
available regarding an equity adjustment for a given
classification. Should a compensatlon study
1ndicate that a given job classiflcation is
currently being paid above the mean salary paid to
the same classification found in comparable cities,
the salary range of that classification will remain
unchanged. Internal equlty factors will also be
taken into consideration, as deemed appropr1ate by
the City, when determining whether or not an equity
adjustment for a given classification is warranted.
Equity adjustments described herein will be
considered on an annual basis, either as a part of
the annual budget process if no MOU negotiations
should be occurring during the year or as a part of
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2.03
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the MOU negotiations process should the MOU be up
for negotiation.
Overtime
Overtime for full-time employees shall mean work in
excess of the regularly scheduled number of hours in one
(1) work day or in excess of forty (40) hours in a full-
time work week, provided such hours have had the prior
approval of an authorized management official. Overtime
for part-time employees shall mean work in excess of
forty (40) hours In a work week, provided such hours have
had the prior approval of an authorized management
official. All authorized overtime shall be compensated
for by cash payment based on one and one-half (1-1/2)
times the hourly rate equivalent of the employee's
monthly salary computed to the nearest one-tenth (.10) of
an hour, except that an authorized departmental
management official may grant compensatory t~me off at
the rate of one and one-half (1-1/2) hours off for such
overtime. Such compensatory time off may accrue to a
maximum of forty {40) hours unless a higher accrual
amount is approved by an authorized departmental
management official.
For employees covered herein who hold permanent posltions
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 time 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, 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.
Departmental management officials shall not unreasonably
deny an employee's request for compensatory time in lieu
of pay. If compensatory time off is accrued and not
taken by June 30 of any fiscal year, it will be paid to
the employee at the rate earned. There shall be no carry
over of unused compensatory time.
In order to supplement eight (B) hours of paid leave time
for a regularly scheduled work day comprised of more than
eight (8) hours, the employee will have the option of
working the additional time required, on a straight-time
basis, during the applicable seven-day work week, in
order to receive a full day's pay for the day in
question. Paid leave time would include vacat~on, sick
leave and administrative leave.
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2.04
2.05
2.06
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Promotional Pay Rate
If a permanent employee covered herein is promoted and
his/her salary is equal to or greater than the entrance
salary of the promotional classification, the employee's
salary shall be increased to the next higher salary rate
which provides a minimum five (5) percent salary
increase, provided, however, that in no event shall the
salary rate exceed the maximum salary rate for the new
classification.
A reclassification 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 in the new classification whlch
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
classificatlon.
Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee's salary may be Y-rated. nY-rated"
shall mean the malntenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rated salary.
Pay for Serving in a Higher Job Classification
When, in the determlnation of the Department Head or City
Manager, it is necessary to specifically assign an
employee the significant duties and responsibilities of a
higher classification, the employee 80 assigned shall be
compensated as follows:
A. If the assignment is temporary due to the vacation,
sick leave, Jury duty or other temporary absence of
the employee in the higher classification, the
employee temporarily assigned shall be paid at the
rate of seventy-five (75) cents per hour for all
such hours assigned after the employee works a
minimum of two (2) consecutive work days in the
higher classification assignment, with payment
retroactive to the first day.
If the temporary assignment should last a minimum of
fourteen (14) consecutive work days, the employee
temporarily assigned shall receive the salary rate
- 14 -
2.07
.
.
for the vacant classification at the lowest salary
step that provides a minimum five (5) percent salary
increase, provided, however, in no event shall the
salary rate exceed the maximum salary rate for the
vacant classification being filled by the employee
on a temporary basis. Said increase shall be
retroactive to the first day with the employee
reimbursing the City for any additional payment
received under paragraph one (1) above.
The City shall not rotate employees in and out of
higher position classlfication assignments in order
to avoid paying sa~d compensation.
B. If the position to be filled is vacant and there is
no valid eligible list for the classification, the
Department Head or City Manager, if he/she has
initiated procedures to fill the vacancy on a
permanent basis, may assign an employee who meets
the minimum qualifications of the vacant position to
fill the pos~tion on a temporary detall (acting)
basis. The employee so assigned shall receive the
salary rate for the vacant classification at the
lowest salary step which provides an increase of at
least five (5) percent over his/her current salary.
In no event, however, shall the employee's salary
rate exceed the salary range established for the
vacant classification being filled by the employee
on an "acting" basis. If an eligible list exists
for the vacant positlon, the Department Head shall
appoint an employee from the eligible list at the
earliest possible date, and the provisions of this
paragraph shall be applicable to the employee
assigned to cover the vacancy in any interim period.
Nothing in this Section shall require the City to make
temporary assignments of employees.
Skill Pay
The following provisions exist for added payment to
employees covered herein who possess special skills not
required of their classification specifications,
providing that said special skills are utilized by the
employee in the performance of his/her job:
A. Professional Engineer Registration
Civil Engineer Assistants, Civil Engineer
Associates, and Plan Check Engineers shall rece~ve
an additional $165.00 per month above their salary
rate after they recelve official registration by the
State of Californ~a. Such registration must be
- 15 -
.
.
maintained by the employees and supplemented by
regular, at least annual, courses in the engineering
field of study, or the skill pay will be stopped as
of July 1 of the next fiscal year. Courses which
will enable the employee to meet this requirement
must be approved by the employee' s superv~sor in
advance. Said courses must be taken on the
employee's own time and will be subject to the
tuition reimbursement section of th~s Agreement.
B. Bilingual Skill Pay
Qualified employees who meet the criteria set forth
herein shall receive a bil~ngual skill pay of $50.00
per month. To receive bilingual pay the following
criteria must be met:
(1) The employee must be assigned to speak or
translate a language in addition to English.
This may include speciallzed communication
skills such as sign language.
(2) An employee must regularly utilize such skills
during the course of their duties or upon
request of City management.
(3) To become qualified, an employee must be
cert~fled as qualified through examination
administered by the Personnel Department.
(4) In order to retain said bilingual skill pay
from one fiscal year to the next, during the
first month of the new fiscal year (July) the
employee recelving bilingual sk~ll pay must be
recertified as qualified through examination
administered by the Personnel Department.
c. Profess~onal Planning Registration
Planner, Associate Planners and Assistant Planners
shall receive an additional $25.00 per month above
their salary rate after they receive an American
Institute of Certified Planners certificate. Such
certificate must be maintained by the employees and
supplemented by regular, at least annual, courses in
the planning f~eld of study, or the skill pay will
be stopped as of July 1 of the next fiscal year.
Courses which will enable the employee to meet this
requirement must be approved by the employee's
supervisor in advance. said courses must be taken
on the employee's own time and will be subject to
the tuition reimbursement section of this Agreement.
- 16 -
2.08
2.09
.
.
Superv~sory Differential
A supervisory differential of 2.7% shall be paid to
employees covered herein who are assigned to regularly
supervise other employees in the same job classification
and who are not covered under the terms of the Section of
this MOD covering pay for serving in a higher
classification.
Shift Differential
For employees covered hereunder who hold permanent
positions at the Library, the following MOU language
shall apply:
A. A night shift differential of forty (40) cents per
hour shall be paid to any line-item 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 differentlal shall be paid only
for such hours worked between 5:30 P.M. and
9:00 P.M.
B. A differential of forty (40) cents per hour shall be
paid to line-item employees covered herein for all
regular hours worked in a shift which is divided
into two (2) parts by three (3) or more hours of
non-working time as a part of the scheduled shift.
Such differentlal shall not be paid in addition to
night shift differential or for overtime hours
beyond the scheduled shift.
- 17 -
.
.
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Medical Insurance
Effective July 1, 1993, the City agrees to pay up to a
maximum of $475 per month towards the cost of medical
insurance coverage for employees and el~gible dependents
provided that employees covered herein participate in the
City-offered medical ~nsurance programs. The cost of
medical insurance coverage will be set at the beginning
of each medical plan year and will be a "composite"
monthly premium derived by d~viding the total monthly
premium for all medical plans offered by the City, except
the PERS PORAC medical plans or any other PERS medical
plans, by the total number of employees enrolled in said
medical plans as of the beginning of the medical plan
year. Any extra payment required under such plans shall
be paid by the employee electing such coverage.
The City and ATA agree that employees should benefit from
any premium savings which accrue from the implementation
of a new health insurance program (Tripl~ Option Plan +
Kaiser) in 1994. The follow~ng procedure will be
utilized to determine savings, if any, and, in the event
of sav~ngs, how said savings will be distributed:
(1) The actual medical insurance premium costs for 1993
for non-safety employees shall be compared against
the City'S actual premium costs for the new Triple
Option plan + Kaiser for those same employees.
(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) participatlng in the City's medical
insurance program. Each employee's share of any
savings will be paid to the employee by no later
than March 1, 1995. Prior to this payment, the City
will meet and confer with ATA and the other City
bargaining units to determine the method by which
said payment will be made (e.g., lump sum,
contribution to deferred compensation plan, etc.).
In the event the medlcal insurance premiums for the
Triple Option Plan for 1995, and any subsequent calendar
year, should be less than the actual City medical
lnsurance premiums for 1993, the savings will be handled
in accordance with the same procedure, outlined above,
- 18 -
3.02
.
.
with the payment being made to the employees by no later
than March 1 of the following calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to the employees and their elig~ble dependents
provided that employees covered herein participate
in the City-offered dental insurance programs.
C. Vision Insurance
The City agrees to provide vision 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 retains the right to
change the provider of said vision insurance plan
and/or the level of benefits provided under that
plan without meeting and conferring.
Retirement
The City is a contract member of the Public Employees'
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility class~fication, contribution, and benefits
are as prescribed in the contract between the City and
the Public Employees' Retirement System heretofore
approved by the City Council. The City shall continue to
pay on behalf of each permanent employee covered herein
one-hundred (100) percent of the individual employee's
share of the required retirement contributions to PERS
[seven (7) percent of the employee's "compensation" as
defined by PERS legislation] for the term of this MOli.
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 w~ll be to report these payments as being those
of the employees so that they will be credited to the
particular employee's indlvidual account with PERS and
upon termination will belong to the employee
It is agreed that if State and/or Federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
- 19 -
3.03
3.04
.
.
Tuition Reimbursement
The City will budget annually sufficient funds to provide
each permanent line-item employee of the ATA tuition and
required study material reimbursement for career
improvement or job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Re~mbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study mater~als, provided, however, that:
A.
The maximum annual
individual employee
dollars ($1000.00).
amount of reimbursement per
shall not exceed one thousand
B. The course of study must be approved in advance by
authorized department officials and the Director of
Personnel.
C. The course must be directed to qualify the employee
for an employment position represented in the City
work force or to enhance current job skills.
D. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completion of the study course if that
was the reason for the course.
E. Reimbursement shall be made upon successful
completion of the pre-authorized course and upon
presentation of receipts and proof of satisfactory
course completion.
F. In no event shall the City's reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from any outside
source, plus the normal City reimbursement, exceeds
the cost of tuition and study material for the
approved study course.
G. Only employees who have completed a probationary
period with the City shall be eligible for this
program.
H. Courses for which tuition reimbursement will be made
must be taken on the employee's time or on
authorlzed vacation leave.
Deferred Compensation
Each employee covered herein shall be offered
particlpation in the C~ty' s deferred compensation plan.
The City agrees to contribute to the plan the amount the
- 20 -
3.05
3.06
3.07
.
.
participating employee is contributing to the plan on
his/her behalf, but not to exceed seventy-five dollars
($75.00) per month for any participating employee.
Mileage Reimbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automobiles on City
business shall be at the rate authorized by the City
Council. Reimbursement rates will be considered in
preparing budget recommendations at least every two (2)
years.
Santa Monica Municipal Bus Line tokens will be provided
to any employee covered herein who submits, on the City
form, a record of his/her trips (home to work site, work
site to home, or work site to work site) during the
preceding month. The Santa Monica Municipal Bus Line
route number used for each trip must be entered on the
reimbursement form.
State Disability Insurance
The City shall maintain the State Disability Insurance
coverage currently in effect for employees covered
herein. Said coverage shall be at City expense. No
integration of sick leave will be provided.
Sick Leave Buy Back
The employee has the annual option to be paid for certain
unused sick leave on the terms noted below or to "bank"
unused sick leave.
Payment at the employee's base rate for the fiscal year
during which the sick leave was earned but not used 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 sick leave
earned in prior years and reported in the "Sick Leave
Balance Brought Forward from Prior Contract Year" column
of the "Vacation, Sick Leave and Compensatory Time"
report issued by the Finance Department at the beginning
of the fiscal year during which payable sick leave is
earned.
- 21 -
.
.
Annual sick leave payoffs under this Section for
employees with less than ten (10) years of service shall
be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
B or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for
employees with ten (10) or more years of service shall be
made according to the following schedule, 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 time off not appropriately
scheduled in advance will disqualify an employee
from eligibillty for payment under this Section.
Sick leave for whlch 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").
Sick leave payoffs under this Section shall be made
by separate check by the end of July following the
fiscal year in which the payable sick leave was
earned.
- 22 -
3.08
3.09
.
.
Uniforms
The City shall provide all necessary uniforms, as
determined by the City, to each employee covered herein
who is required by the City to wear a uniform.
Term Life Insurance
The City agrees to maintain at no cost to the employee a
term life insurance plan for permanent employees covered
herein, with individual coverage to be equal to the
employee's base annual salary rounded up to the next one
thousand dollars.
- 23 -
.
.
ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered herein shall receive paid holidays as
provlded below:
New Year's Day - January 1
Martln Luther King's Birthday - Third Monday in
January
Lincoln's Birthday - February 12
Washington's Birthday - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday in November
The Frlday Followlng Thanksgiving Day
The Half-Day Immedlately Before Christmas Day
Christmas Day - December 25
The Half-Day Immedlately Before New Year's Day
One Floating Holiday
All Other Holidays Declared by the 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. A floating holiday not taken by the end of
the fiscal year may be paid to the employee if the
employee enters the day on his/her final timecard for the
fiscal year. Failure to take the floating holiday or to
put the holiday on the last timecard for the fiscal year
shall constitute a forfeiture by the employee. A
floating holiday which is cashed out at the end of the
flscal year shall be paid in an amount equal to eight (8)
hours of the employee's straight-time base salary rate of
pay.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the hollday if it falls
on the second day off in lieu of the day 11sted.
Whenever any day listed herein as a paid holiday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
- 24 -
4.02
.
.
Employees in departments or divisions observing d~fferent
holiday schedules shall, in lieu of holidays listed
above, receive holidays enjoyed by other operating
employees ~n that department or divis~on, provided,
however, that the same number of holidays [twelve (12)]
shall be observed.
Whenever any day listed herein as a paid holiday falls
upon any day other than Saturday or Sunday when a City
facility (including department, d~vision 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.
Vacation Leave
Employees covered herein shall accrue vacation leave with
pay on the following basis:
A. Following completion of the first six (6) calendar
months of continuous service, six (6) working days.
B.
Thereafter, up to and including five
years of service, one (1) work~ng
completed calendar month of service.
completed
for each
(5)
day
C. Thereafter, up to and including ten (10) completed
years of service, one and one-quarter (1.25) working
days for each completed calendar month of service.
D. Thereafter, up to and including fifteen (15)
completed years of service, one and one-half (1.5)
working days for each completed calendar month of
service.
E. Upon completion of fifteen (15) years of service and
thereafter, one and three-quarters (1.75) working
days for each completed calendar month of servlce.
F. Employees are expected to take their vacation each
year. An employee who has accrued vacation to the
maximums prescribed herein may be required to take
vacation leave in order to reduce the accumulation
balance. The scheduling of vacation shall be
according to department or division policies and
contingent on the service needs of the department.
- 25 -
4.03
.
.
G. Accrual of vacation leave shall not exceed forty
(40' days. If an employee is denied the time of f
required to maintain a vacation balance below the
maximum allowed, the Department Head shall authorize
payment to the employee for such vacation as would
exceed the maximum accumulation limit.
H. Except as provided herein, the administrat10n or
application of vacation leave provisions and the
limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed 1n the Civil Service
provisions of the Santa Monica Municipal Code.
Sick Leave
A. The use of sick leave shall be defined as in Section
2.04.570 of the Santa Monica Municipal Code, hereby
incorporated as If set forth in full herein, except
as follows:
Sick leave shall be defined as absence from duty
because of the employee's illness or off-the-job
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medical authority, medical or dental
appointments of the employee or the employee's
dependent children which could not be scheduled
during non-work hours, with proper advance
notification to the Department Head, or illness or
injury of any member of the employee's household.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that
permanent part-time employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the posit1on bears to the full-time
work week:
(1) Following the completion of the first six (6)
calendar months of continuous service, six (6)
working days.
(2) Thereafter, one (1) working day for each
completed calendar month of service.
C. The foregoing benefits are cumulative subject to the
following restrictions:
(1) No more than one-hundred-thirty (130) working
days may be applied against sick leave for any
one (1) illness.
- 26 -
4.04
4.05
4.06
4.07
.
.
D. Any employee who is absent because of sickness or
other physical disability shall notify his/her
Department Head or other immediate superior officer
as soon as possible but in any event in accordance
with department rules and regulations.
Leave of Absence without Pay
A permanent employee covered herein may be granted a
leave of absence without pay upon application approved by
the Department Head and the C~ty Manager. Such leave 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 it desirable for the City
to retain the employee's services even at the cost of
some inconvenience to the City.
Military Leave
The City will observe the military leave requirements of
State and Federal law.
Workers' Compensation Leave
Any employee covered herein who is receiving disability
payments under the "Workers" Compensation Act of
California" (for on-the-job injuries sustained while
engaged in the performance of the duties of any such
position) shall receive from the City, during the first
sixty (60) days of such disability absence, payments in
an amount equal to the difference between the disability
payments received under the 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
disability absence.
Jury Duty
Any permanent employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom, shall receive the regular pay less all jury
fees received excluding mileage, for the regularly
scheduled work time required to be spent in court. Each
employee receiving a notice to report for jury service
shall immediately notlfy his/her immediate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily Job assignment to
complete their regular daily work hours.
- 27 -
4.08
4.09
4.10
.
.
Employees covered herein may be required to provide proof
of jury service to receive jury duty pay.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee'S immediate family,
meaning spouse, child, brother, sister, parent, step-
parent, step-brother, step-sister, parent-in-law, son-ln-
law, daughter-in-law, 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.
Administrative Leave
The City agrees to grant each permanent employee covered
herein four (4) administrative leave days off with pay
per fiscal year in recognition of their professional and
administrative role at the City. Administrative leave
days shall be earned in one (1) day increments effect~ve
at the beginning of each three (3) month period of the
fiscal year, to be usable as accrued.
Payment equivalent to the employee's base salary as of
June 30 for any unused administrative leave days shall be
payable to the employee, upon the request of the employee
at the end of the fiscal year when earned. A paid
administrative leave day shall mean eight (8) hours at
the employee's straight-time base salary rate of pay.
Parental Leave
Employees who 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 exp~ration. Paid vacation leave, unused accrued
administrative leave, unused accrued compensatory time
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 thls MOD.
Maternity leave is not the
shall be administered in
Federal law.
leave
State
and
and
same as parental
accordance with
- 28 -
4.11
.
.
Family Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rlghts 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 issuance of any administrative regulations
pertaining to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obligation with
ATA.
- 29 -
.
.
5.01
ARTICLE V: WORKING CONDITIONS
Safety and Loss Prevention
5.02
The City shall provide a reasonably safe and healthy
working environment in accordance with applicable State
and Federal laws, rules and regulations. 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. ATA agrees that where
safety devices or items of protective equipment are
required or furnished, their use shall be mandatory.
An employee who is directed to perform a task which the
employee has good reason to believe is unsafe may request
an immediate review by his/her Department Head and the
Personnel Director who shall, if deemed appropriate,
consult with the appropriate offlcial (s) . During the
period of review and/or investigation, the employee shall
not be required to perform the task complained of, shall
not suffer loss of payor benefits, and shall be assigned
other appropriate duties, If possible.
If the task complained of is deemed safe by the
appropriate official(s), the employee shall then perform
the work as instructed.
Both parties to this MOU agree to fully support the
City's Risk Control Policy. Said policy sets forth the
City's commitment to maintaining a safe and healthy work
environment, to preventing accidents and inJuries and
minimizing risk and loss wherever possible. Said policy
outlines the safety responsibilitles of the City, City
managers and supervisors, and City employees.
Effect of Job Performance on salary
Normally, placement on entry shall be at the A-Step of
the salary range and advancement through the range shall
normally be to B-Step at one (1) year of employment, C-
Step at two (2) years of employment, D-Step at three (3)
years of employment and E-Step at four (4) years of
employment.
The City Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
- 30 -
5.03
5.04
.
.
earlier than what is prescribed in the salary schedule
for the class and length of service of the incumbent. In
no event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rating has
been improved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE, the employee
may be dismissed from service, and if two (2) consecutive
performance ratings are marked NOT ACCEPTABLE, the
employee shall be dismissed by appoint~ng authority for
inefficiency (SMMC Section 2.04.490). Any overall rating
in the BELOW SATISFACTORY category may delay the next
scheduled salary step increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least
the SATISFACTORY level.
Effect of Reassignment/Recertification on Skill Pays
When a "skill" or additional pay referenced in this MOD
is the result of ass1gnment to specified duties or hours,
or of maintenance of a registration, certificate or other
credential, the loss of the skill or additional pay due
to the end of the assignment or failure to maintain the
required registration, certificate or credential shall
not constitute a demotion, pursuant to Section 2.04.680
of the Municipal Code.
Employee Parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
employees at City facilit1es. The employees covered by
this Agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management
District (AQMD) and the City's Transportation Management
Plan Ordlnance. 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 Ordinance within one (1) year
of the effective date of this Agreement, it is understood
that the City can lmplement a charge for park1ng during
the term of th1s Agreement In order to meet those
requirements. In addition, if it should become necessary
to charge for parking during the term of this Agreement
in order to comply with any other State or Federal
requirement regarding transportation management, the City
can implement said charge. However, in no event shall
the City implement such a charge for parking without
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5.05
5.06
5.07
.
.
meeting and conferring wlth ATA should any employee (s)
represented by ATA be subject to such a charge.
Official Personnel File
Only that file maintained by the City'S Personnel Office
and the contents it contains shall be considered the
official personnel file for each employee covered herein.
An employee's official personnel file and any other file
kept on that employee shall be confident~al. An
employee's official personnel file may be reviewed only
by the employee, by individuals authorized to review said
file on a need-to-know basis, and by other persons
authorized by the employee.
An employee covered by this MOU shall be entitled to
review the content of his/her official personnel file at
reasonable intervals provided that the employee schedules
an appointment, at least twenty-four (24) hours in
advance, during the regular business hours of the
Personnel Office.
Reduction in Hours from Full-Time to Part-time
In those cases where a permanent full-time employee
desires to reduce his/her work schedule to part-time, the
employee shall submit a request for a reduction ~n hours
to his/her Department Head. As long as the operational
needs of the Department and the City will still be met,
upon approval by the Department Head, the employee'S
request shall be approved. The request will cover a set
period of time, not to exceed six (6) months. At the end
of that time period, if the employee wishes to continue a
reduction in hours, he/she must submit another request to
his/her Department Head and receive the necessary
approvals. If it should be determined that the reduction
in hours can no longer be continued, the employee shall
go back to a full-time work schedule if he/she wishes to
retain his/her position with the City.
Work Schedules
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 subm~t a request for a work schedule
modification to his/her Department Head. As long as the
operatlonal needs of the Department and the Clty will
still be met, upon approval of the Department Head, the
employee's request shall be approved. If it should be
later determined that the operational needs of the
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5.08
.
.
department and the City can no longer be met with the
employee's modified work schedule, the employee shall
receive at least thirty (30) days' notice 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 will make
every reasonable effort to place said employee in another
like position where the employee's specific 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 outslde scheduling needs,
requests shall not be unreasonably denied.
If an employee'S request for a modified work schedule is
denied and if the employee does not agree with the
decision that has been reached, the employee can grieve
such decision under Section 6.04 (Grievance and Complaint
Procedure) of this Agreement. Failure to successfully
transfer an employee under this Section will not be
grievable.
Promotion
If, upon promotion, an employee represented herein fails
to satisfactorily complete his/her probationary period in
the position to wh~ch he/she has been promoted, or during
the probationary period wishes to return to his/her
former positon, he/she shall have the right to return to
his/her former position, if vacant, or to a comparable
position in the same Job classification if a vacancy
exists. If no vacancy exists, the employee will have any
reappointment rights to his/her former positon as
provided by the Santa Monica Municlpal Code (Section
2.04.450) .
- 33 -
.
.
6.01
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions
6.02
6.03
6.04
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 Organ~zation
dues, credit union investments or payments, health and
hospitalization insurance premiums, and life and accident
insurance premiums. Any or all of such payroll
deductions are subject to termination by the City Manager
upon twenty-four (24) hours notice for failure to comply
with the provisions of this MOU.
Reasonable Notice
It is mutually understood and agreed that a copy of the
City Councilor Personnel Board agenda for each meeting
mailed, by u.s. Mail or interoffice mail, to the
authorized representative of ATA shall constitute
reasonable written notice, and notice of an opportunity
to meet with such agency, on all matters within the scope
of representation upon which the City Councilor
Personnel Board may act.
Time Off for Association Business
Elected Board Members of ATA or their designees shall be
allowed to utilize a total of forty (40) hours of time
off with pay during each fiscal year to conduct necessary
Assoc~ation business. These forty (40) hours per fiscal
year represent the aggregate maximum use for all
authorized representatives of ATA per fiscal year, as
opposed to forty (40) hours per representative. Prior to
such usage, authorized ATA representatives must receive
prior permission from the Department Head, or his/her
designee, in writing. All such time off shall be
reported by said ATA representative to the Dlrector of
Personnel for accounting purposes.
Grievance and Complaint Procedure
A grievance is a complaint by one (1) or more employees
concerning:
(1) Disciplinary actions.
(2) A suspension, demotion or removal from a line-item
position classification.
- 34 -
.
.
(3) The procedure, rating, or outcome of a performance
evaluation.
(4) The application or interpretation of this MOU and/or
ordinances, resolutions, policies, practices or
procedures affecting the employee's wages, hours or
working conditions.
A. Grievances related to disciplinary actions,
including the appeal of a suspension, demotion or
removal, shall be lodged by the employee and shall
be subject to the procedures outl~ned in Section
2.04.740 and/or Section 2.04.750 et seq of the Santa
Monica Municipal Code, which shall constitute the
sole administrative recourse available under the
terms of this MOU.
B.
Grievances related to the
outcome of a performance
resolved as follows:
procedure,
evaluation
rating
shall
or
be
Step 1: 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 complalnt to his/her
supervisor within ten (10) working days of
receiving the performance evaluation.
Step 2: If no satisfactory response is received
wlthin five (5) working days of filing the
complalnt, the employee should immediately
forward the complaint to his/her Department
Head. The Department Head shall have ten
(10) working days to respond to the
grievance.
Step 3: If no satisfactory response is recelved
within ten (10) working days, the employee
should immediately forward the complaint to
the Director of Personnel. The Director of
Personnel shall confer with the grievant
and the Department Head and any other
interested parties and shall conduct such
other lnvestigations as may be advisable.
Step 4: The flndings of the Director of Personnel
shall be submitted to the City Manager
within ten (10) working days of receiving
the complaint. The City Manager shall make
his/her decision in writing. The City
Manager's decision shall be final. The
decision of the City Manager shall be
mailed to the employee within ten (10)
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.
.
working days of receipt of the findings of
the Director of Personnel.
The foregoing shall constitute the sole administrative
recourse available under the terms of this MOU.
C. Grievances related to the application or
interpretation of this MOU and/or ordinances,
resolutions, policies, practices or procedures
affecting the employee's wages, hours or working
conditions shall be resolved as follows:
Step 1: The aggrieved employee (s) shall meet with
the immediate supervisor to discuss the
grievance. The grievance or grievances
must be stated in wr~ting, specifically
citing the MOU provision, ordinance,
resolution, rule, policy, practice or
procedure that is the subJect of the
grievance, the circumstances giving rise to
the grievance, and the desired solution to
the grievance within thirty (30) calendar
days of the event giving rise to the
grievance or within thirty (30) calendar
days of the employee learning of the event
if the employee could not have known of the
event giving rise to the grievance when
said event occurred.
If the matter cannot be satisfactorily
resolved within five (5) working days
following the meeting with the immediate
superv~sor, the employee may submit the
grievance and the desired solution to the
second level supervisor, if any.
Step 2: The second level supervisor shall meet with
the grievant and the gr~evant's
representatlves, if any, no later than the
grievant '8 fifth (5th) work day following
presentatlon of the grievance. Within five
(5) working days following such meet~ng,
the supervisor shall give a written
decision to the grievant.
If the second level superv~sor does not
have the authority to resolve the
grievance, it shall immediately be
forwarded to the Department Head or the
appropr~ate authority.
Step 3: If the grievance is not resolved at Step 2,
the employee may refer the grievance within
ten (10) working days to the Department
- 36 -
.
.
Head, who shall meet with the employee and
the employee's representative, if any, to
discuss the grievance within the employee's
fifth (5th) working day following the
forwarding of the grievance. Within five
(5) working days following such meeting,
the Department Head shall give a written
decision to the grievant.
Step 4. If no satisfactory response is received
within ten (10) working days, the employee
should immediately forward the complaint to
the Director of Personnel. The Director of
Personnel shall confer with the grievant
and the Department Head and any other
interested parties and shall conduct such
other investigations as may be advisable.
Step 5: The findings of the Director of Personnel
shall be submitted to the City Manager
within ten (10) working days of receiving
the complaint. The City Manager shall make
his/her decision in writlng. The City
Manager's decision shall be final. The
decision of the City Manager shall be
mailed to the employee within ten (10)
working days of receipt of the findings
submitted by the Director of Personnel.
D. All time periods in this Section may be extended by
mutual written agreement of the employee or the
employee's representative, if any, and the
management representative involved.
E. If a management representative does not meet with
the grievant or render a decision wi thin the time
limits specified, the employee may immediately
exercise the next step in the grievance process.
F. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, or who has testified at any
hearing shall not in any way be coerced, hindered,
intimidated or discrim~nated agalnst for exercising
this right.
G. Employees shall have the right to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
2.
Employees
department
may
or
designate
of ATA to
a member
represent
of
them
the
in
- 37 -
.
.
grievance matters at steps 1 and 2 of the
grievance process.
3 . Employees may designate a member of the
department, an ATA representati ve or a legal
representative to represent them in steps 3 and
4 of the grievance process.
ATA shall notify the Director of Personnel, in
writing, of its designated employee grievance
representatives and shall provide notlfication
of any change in such representatives.
H.
Reasonable time off without loss of payor
shall be given to a grievant or ATA
representative to investigate and/or
grievances, and to witnesses in any
meeting or hearing held during work hours.
benefits
employee
process
grievance
I. Before performing grievance work, ATA
representatives, the grievant or witnesses shall
obtain permission from the immediate supervisor.
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, if the supervisor denies such
time off, time off must be granted within twenty-
four (24) hours of such request.
- 38 -
.
.
IN WITNESS WHEREOF, the part1es hereto have
Memorandum of Understanding to be executed thls
nprp~ber ,1993.
ADMINISTRATIVE TEAM ASSOCIATES
/ d/JA/I~h/~)
Lar~ficc&'/ (/'---
Managing D~ector
~~.
JO, Akins
Kh. <_. i1~
Kat:~tt~
~~
Joseph Lawrence
Actlng Clty Attorney
/
.-"
- 39 -
caused th1s
15th day of
MANAGEMENT OFFICIALS
CITY o~. ~ S A MONICA
L=1--PL/1
JohriZ2lili
City Manager
.
EXHIBIT A
.
Classiflcations subject to the MOU shall be as follows:
Accountant
ADA/Disabillty & Senior services Coordinator
Administratlve Analyst
Assistant Domestic Violence Counselor
Assistant Planner
Associate Planner
CivlI Engineering Assistant
Civil Engineering Associate
Community Center Supervisor
Conservation Coordinator
Crime Prevention Coordinator - SHO
Crime Prevention Coordinator
Domestic Vlolence Counselor
Environmental Coordinator
Employee Services Coordinator
Environmental Inspector
Farmer's Market Coordinator
Lead Environmental Inspector
Liability Claims Adjuster
Librarian I
Librarian II
Library Literacy Program Coordinator
Loss Control Officer
Network Administrator
Personnel Analyst
Plan Checking Engineer
Principal Water Chemist
Programmer Analyst I
Programmer Analyst II
Senior Accountant
Senior Administrative Analyst
Senlor Personnel Analyst
Special PrOJects Englneer
Systems Analyst
Telecommunications Analyst
Transportation Management Coordinator
Transportation Management specialist
Transportation Planner
Video Training/Production Coordinator
Waste Reduction Coordinator
Water Chemist
Workers' Compensation Officer
Youth Services Counselor
- 40 -