R-8700
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RESOLUTION NO. 8700
(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
LEGAL SUPPORT STAFF ASSOCIATION OF SANTA MONICA
WHEREAS, the City administration and representatives of
the Legal Support Staff Association of Santa Monica 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 monlca 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
bindl.ng unless and untl.l 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 Legal Support Staff
Association of Santa Monica;
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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 Legal Support Staff
Association of Santa Monica, 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."lssasm8")
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Adopted and approved thIS 14th day of December, 1993.
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I hereby certIfy that the foregomg Resolution No. 8700 (CCS) was duly adopted at a
meeting of the CIty Council of the City of Santa Maruca on the 14th day of December, 1993
by the following vote
AYES Councilmembers:
Genser, Greenberg, Holbrook, Olsen, Vazquez,
Mayor Abdo
NOES: Councilmembers.
NONE
ABSTAIN: Councilmembers
NONE
ABSENT: Councilmembers:
Rosenstein
ATTEST:
~h;",f i1~
- - CIty Clerk - ( .
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
LEGAL SUPPORT STAFF ASSOCIATION
OF SANTA MONICA
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
PAGE #
ARTICLE I. GENERAL PROVISIONS
Section 1.01:
Parties to Memorandum...., .....
4
1.02 : Purpose... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.03: Term of Agreement... . . . . . . . . . . . . . . . . . . . . . 4
1.04: City Council Approval........,........... 4
1.05: Recognized Employee Association Name..... 5
1.06: Scope of Representation.............,.... 5
1.07: Full Understanding, Modification and
Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 5
1.08: Management Rights Reserved.......,. ...,.. 6
1.09: Peaceful Performance of City Services.... 6
1,10: Validity of MOU.......................,.. 7
1.11: Captions for Convenience.. ............... 8
1.12: Equal Employment... ..............,. ...... 8
1.13: Definitions.............................. 8
1.14: Overpayment Remedy....................,.. 10
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ARTICLE II. COMPENSATION
Section 2.01: Effective Date of Pay Increase........... 11
2.02: Salaries... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.03: Overtime
13
2.04: Call-Back Pay...,........................ 14
2.05: Bilingual Compensation.............. .... 14
2.06: Y-Rating.,........,...................... 14
ARTICLE III. SUPPLEMENTAL BENEFITS
Section 3.01: Retirement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.02: Health Insurance Programs. ..... .......,.. 16
3.03: Tuition Reimbursement.,...............,.. 18
3.04: Mileage Reimbursement and Energy
Conservation. . . . . . . . , . . . . . . . . . . . . . . . . . . 19
3.05: Deferred Compensation.. . . . , . . . . . . . . . . . . . . 19
3.06: State Disability Insurance, .............. 19
3.07: Sick Leave Buy Back........ .......... .... 19
ARTICLE IV. LEAVES
Section 4.01: Paid Holldays.. ,........".. ....... ...... 22
4.02: vacation Leave.. . . . , . . . . . . . . , . . . . . . . . . . . . 23
4.03: Sick Leave.. . . . . . . . . . . . . . . . . , . . . . . . , . . . . . 23
4.04: Leave of Absence Without Pay.. ....,..... 23
4.05: Military Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4.06: Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4.07: Workers' compensation Leave.,... ......... 24
4.08: Parental Leave.....
25
4.09: Bereavement Leave......,... ....... ....... 26
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4.10: Urgent Personal Leave. ............,...... 26
4.11: Unclassified Leave. . . . . . . . . . . . . . . . . . . . . . . 26
4.12: Family Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
ARTICLE V. WORKING CONDITIONS
Section 5.01: Safety.......,...,.. . . . . . . , . , . . . . . . . . . . . , 28
5.02: Employee Parking..........,....... ....., 28
5.03: Performance Evaluations................., 28
5.04. Work Schedules..............,............ 29
5:05: Employment Separations......,............ 30
ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
Section 6.01: Payroll Deductions.......,............... 31
6.02: Reasonable Notlce... . . . . . , . . . . . . . . . . . . . . . 31
6.03: Grievance and Complaint Policy......,.... 31
6.04: Time Off for Negotiations. ...,... ........ 32
6.05: Successors.. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . 32
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LEGAL SUPPORT STAFF ASSOCIATION OF SANTA MONICA
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01. Parties to Memorandum
Thls 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 incorpo-
rated 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 Legal Support Staff As-
sociation of Santa Monica signatory hereto who occupy the
full-time Job classifications set forth in Section 1.05.
1 02. PurDose
The parties agree that the purpose of this MOU is: to pro-
mote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
hereini to provide an orderly and equltable means of
resolving dlfferences which may arise under this MOU, 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
covered herein.
1.03. Term of Aqreement
This Agreement shall be effective as of July 1, 1993 and
shall remain in full force and effect until June 30, 1994.
It shall be automatically renewed from year to year there-
after unless either party shall notify the other in writ-
ing not later than March 1, 1994 and of each subsequent
year that it desires to terminate or modify this Agree-
ment, and specifically indicates requested modifications.
In the event that such notice is given, negotiations shall
begin no later than April 15 with a signed contract
desired by July 1.
1.04. City Council Approval
It is, however, the mutual understanding of all the
parties hereto that such Memorandum of Understanding is of
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no force or effect whatsoever unless or until ratified and
approved by the City Council of the City of Santa Monica.
1.05. Recoqnized Emnloyee Association Name
The Legal Support Staff Association of Santa Monica
(LSSASM) is hereby acknowledged as the Recognized Employee
Organizatlon, pursuant to Section 3.04(c) of Ordinance No.
801 (CCS) , representing the job classifications of;
Consumer Affairs Specialist
Legal Assistant
Legal Secretary
Office Administrator
Legal Administrative Staff Assistant
It is the mutual understanding of the parties hereto that
acknowledgment of LSSASM.
A. Does not preclude employees in such job classifica-
tions from representing themselves individually In
their employment relations with the City,
B. Does not preclude or restrict the right of management
officials to meet and consult with employees in such
job classifications concerning their employment rela-
tlons with the City
1.06. Scone of Representation
The scope of representation of the Recognized Employee
Organization shall include all matters relatlng to employ-
ment conditions and employer-employee relations including
but not limited to wages, hours, and other terms and con-
ditions of employment, except, however, that the scope of
representation shall not include consideration of the
merits, necessity, or organization of any service or ac-
tivity provided by law or executive order and shall be
exercised or performed in compliance with the provisions
of Ordinance No. 801 (CCS).
1.07. Full Understandinq, Modification and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly within the scope of representation as
outlined in Section 2.05 of Ordinance No. 801 (CCS). This
MOU constitutes the full and complete agreement of the
parties and there are no others, oral or written, except
as specified in this Agreement. Each party, for the term
of this MOU, specifically waives the right to demand or
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petition for changes hereln, 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).
1.08. Manaqement Riqhts Reserved
The City retains all rights not specifically delegated by
this Agreement, including, but not limited to the exclu-
sive right to:
direct, supervise, hire, promote, suspend,
discharge, transfer, assign, schedule,
employeesj
discipline,
and retain
relieve employees from duties because of lack of work or
funds, or under conditions where continued work would be
inefficient or nonproductive;
determine serVlces to be rendered,
formed, utilizatlon of technology,
matters;
operations to be per-
and overall budgetary
determine the overall mission of the unit of government;
maintain and improve the efficiency and effectiveness of
government operations;
take any necessary actions to carry out the mission of an
agency in situations of emergency; and
take whatever other actions may be necessary to carry out
the wishes of the public not otherwise specified above or
by collective agreement.
Any grievance with respect to the reasonableness of the
application of the above management rights shall be sub-
ject to the grievance procedure contained in Section 6.03,
herein.
1.09. Peaceful Performance of City Services
It is mutually understood and agreed that participation by
any employee in a strike or a concerted work stoppage ter-
minates the employment relationship in the absence of
specific written waiver of such termination by an au-
thorized management official.
A. It is further understood and agreed that none of the
parties hereto will participate in or encourage, as-
sist or condone any strike, concerted work stoppage,
cessation of work, slow-down, sit-down, stay-away,
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illegal picketing or any other illegal form of inter-
ference with or limitation of the peaceful performance
of City services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down, sit-down,
stay-away, illegal picketing or any other illegal form
of interference wlth 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 pay-
roll deductions, prohibit the use of bulletin boards,
prohibit the use of City facilities, and prohibit ac-
cess to former work or duty stations.
C. The protection of the public health, safety and wel-
fare demands that neither the employees nor any person
acting in concert with them, will cause, sanction, or
take part in any strike, walkout, sit-down, slow-down,
stoppage of work, illegal picketing, retarding of
work, abnormal absenteeism, withholding of services,
or any other illegal interference with the normal work
routine. The provisions of thls Article shall apply
for the same term as thls Agreement, or during any
renewal or extension thereof. violation of any provi-
Slon of this MOU by the parties shall be cause to ter-
minate this Agreement, in addition to whatever other
remedies may be available at law or in equity,
D. The City agrees that there shall be no general lockout
of employees covered herein. The parties agree to
exerClse good faith in complying with all the terms
and conditions of this MOU.
1.10. validity of MOU
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then such
provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to, in good
faith, negotiate for the purpose of replacing any such
invalid or illegal provision.
Should any change be made In any Federal or State law, or
In any rules and regulations implementing such legisla-
tion, or in any City Charter provision which would be ap-
plicable and contrary to any provision herein contained,
then such provision of this MOU shall be automatically
terminated, but the remainder of this MOU shall remain in
full force and effect. Such legislation and/or rules and
regulations shall supersede this MOU and applicable
clauses shall be substituted for those ruled invalid or
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illegal. The parties hereto shall immediately commence to
negotiate for the purpose of replacing any such invalid or
illegal provision.
1.11. Captions for Convenience
The captions hereln are for convenience only and are not a
part of the MOU and do not in any way limit, define, or
amplify the terms and provisions hereof.
1.12. Eaual Employment
It is agreed by the parties to this MOll that they will
fully comply with all applicable local, State and Federal
laws, rules and regulations governing equal employment
opportunity. The Affirmative Action Program and the Sex-
ual Harassment Policy of the City of Santa Monica are af-
firmed by the parties to this MOU and incorporated by
reference herein. Both parties agree to abide by the
requirements of the Americans with Disabilities Act (ADA).
1.13. Definitions
The following definitions are to be applied to the inter-
pretation of this MOU:
A. "Salary Range" shall mean the hourly or monthly pay
scale (and the bi-weekly equivalent) assigned to each
employment position classification covered herein.
B. "Nearest Dollar" shall mean the next lower dollar in a
monthly rate when the computed amount is 50 cents or
less and the next higher dollar when the computed
amount is 51 cents or more.
C. "Line-Item position" shall mean a position which is
(a) speclfically itemlzed in the personnel schedule of
the annual budget of the City of Santa Monica and (b)
eligible to accumulate fringe benefits in proportion
to the percentage of the full-time work week.
D. "Permanent Employee" shall mean:
(1) A person who is legally an incumbent of a line-
item position, full or part timei or
(2) A former legal incumbent of a Ilne-item posltion
on authorized leave of absence from a regularly
budgeted position which position is held pending
the employee's return.
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E. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
line-item position in the unclassified 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
that date on which the last unbroken service was
effective.
F. "Satisfactory Service" shall mean the attainment of an
overall performance rating of not less than "satisfac-
tory" on the performance report immediately preceding
the employee's date of entrance anniversary.
G. "Hours of Work": the full-time work week shall be
defined as forty (40) hours.
(l) Incumbents of job positions employed in a work
week less than that defined as the full-time work
week shall be compensated in that proportion of
the compensation for full-time employment as the
number of hours budgeted for that position bears
to the full-time work week; incumbents of job
positions employed in a work week greater than
that defined herein shall be compensated for
hours in excess of the full-time work week on the
basis of and in accordance with the provisions of
Section 2.03 herein relating to overtime.
(2) Incumbents of job positions regularly working
less than the full-time work week shall accrue
paid leave benefits in the same ratio as the
average number of hours they work per week is to
the full-time work week for the position occu-
pied. Other fringe benefits shall be provided to
part-time employees covered here~n as if they
were employed on a full-time basis.
H. "Pay Status" shall mean regularly assigned work hours
actually performed. In addition, pay status shall
also specifically include pay for time not worked such
as sick leave, vacation, holidays, unclassifled leave,
floating holiday and jury duty.
I.
"Working
Agreement
4,02} and
eight (8)
Day" as used In the sections of this
pertainlng to vacation accrual (Section
sick leave acrual (Section 4.03) shall mean
hours,
J. "Compressed Work Schedule" shall mean a work schedule
in which a full-time employee is assigned a total of
eighty (80) regularly scheduled work hours in nine
(9) days in a glven two-week (i. e., two work weeks)
period.
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1.14. Overpavrnent Remedy
Employees covered herein shall reimburse the City any
overpayment of wages or benefits. Said reimbursement
shall not be required until the City notifies the affected
employee in writing. Reimbursement may be accomplished by
a lump-sum deduction made on the next subsequent employee
payroll warrant following overpayment notification, or by
other reasonable re-payment method, mutually acceptable to
the employee and the City, except that lump-sum deduction
shall be required if the next subsequent employee payroll
warrant is the final or termination warrant issued to the
affected employee.
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ARTICLE II. COMPENSATION
2.01, Effective Date of Pay Increase
Notwlthstanding any other provlsion contained herein,
changes in salary rates and salary related benefit changes
shall become effective on the 1st day of the payroll peri-
od closest to the effective date stated herein.
2.02
Salaries
Salaries of employees in job classifications covered
herein 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 Attorney may fix the compensation
of any position at an hourly rate. In positions for which
the work week is forty (40) hours, the hourly rate shall
be determined by dividing the bi-weekly rate by eighty
(80) .
A. Salary Ranges: (NOTE: Whenever a salary range is
scheduled for adjustment, the salaries of the incum-
bent shall be adjusted by a corresponding percentage.)
(1) The salary ranges for positions covered by this
MOU shall remain unchanged from those in effect
as of June 30, 1993 and shall be as follows,
effective July 1, 1993:
Legal Assistant
Consumer Affairs Specialist
Office Administrator
Legal Secretary
Legal Administrative Staff Asst.
$2913 - 3596
$3125 - 3858
$3613 - 4461
$2890 - 3568
$3613 - 4461
B. A differential of no less than 25% shall be maintained
between the salary range for the classification of
Legal Secretary and the salary ranges for the higher
classifications of Legal Administrative Staff Assis-
tant and Office Administrator,
C. 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 ad-
justment to brlng the salary range of that classifica-
tion In line with the mean salary pald to the same
classlfication found in truly comparable public sector
employers. The City wlll be willing to receive and
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evaluate any salary comparison data that LSSASM might
want to make available regarding an equity adjustment
for a given classification. Should a compensation
study indicate that a given job classification is cur-
rently being paid above the mean salary paid to the
same classificatlon found in truly comparable public
sector employers, the salary range of that classlfica-
tion will remain unchanged. Equity adjustments
described herein will be considered on an annual ba-
sis, either as a part of the annual budget process if
no MOU negotiations should be occurring during the
year in question or as a part of the MOU negotiations
process should the MOU be up for negotiations. Like
any other salary increase, equity adjustments will be
subject to the approval of City Council.
D. The City Attorney may hire employees at a salary high-
er than "entry level" based on the experience of the
individual. In exercising his/her discretion, the
City Attorney will consider all relevant factors, in-
cluding but not limited to: length of experience,
public sector experience, experience within the par-
ticular field (e.g., criminal, civil litigation, land
use, admlnistrative and supervisory experience).
Salarles above entrance level should be based upon
increments of 5-7% and shall not exceed the maximum
salary provided for in this Section.
E. Merit increases within salary ranges:
Advancement within the range after hire shall be based
on performance as determined pursuant to Section 5.03,
herein. Subject to the maximum salary range es-
tablished herein, employees covered herein shall
receive, on the date of entrance anniversary, annual
sequential step increases of 5% for overall Satisfac-
tory performance, 6% for overall Above Average perfor-
mance, and 7% for overall Outstanding performance
ratings on the review that coincides with the anniver-
sary date of the employee, unless the City Attorney
specifies otherwise, in writing, with a statement of
reasons. This notification shall be delivered at
least sixty (60) days in advance of the denial of the
scheduled annual step increase.
F. Merit pay for employees at maximum of range:
An employee who has reached the maximum salary for
his/her position and whose most recent performance
rating is overall ABOVE AVERAGE or better shall be
eligible for an annual cash payment of 3-5% of the
annual base salary; the rating upon which this payment
shall be based shall be the assessment of the indi-
vidual conducted in the preceding year, pursuant to
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Section 5.03 herein. For an overall OUTSTANDING
rating, an employee shall be eligible for an annual
cash payment of 6 - 8 % of the annual base salary; the
rating upon which this payment shall be based shall be
the assessment of the individual conducted in the pre-
ceding year, pursuant to Section 5.03 herein. Said
payments shall not be considered base salary in com-
puting subsequent salary adjustments, but are subject
to PERS contributions. The bonus payment I if any,
shall be made within thirty (30) days of the em-
ployee's anniversary date and shall be based on the
annual salary in effect on the employee's anniversary
date.
2.03, Overtime
overtime for employees who are regularly assigned to a
five (5) day, eight (8) hours per day work week, and for
permanent part time employees who regularly work less than
eight (8) hours in one day and forty (40) hours in one
week shall mean work by employees occupying line-item
positions covered herein in excess of eight (8) hours in
one (1) day or forty (40) hours ~n one week, provided such
hours of work have had the prior approval of an authorized
departmental management official. Overtime for employees
regularly assigned to a work day in excess of eight (8)
hours or a work week in excess of forty (40) hours shall
mean work in excess of the regularly scheduled number of
hours in one (1) day or in excess of the regularly
scheduled hours in one (1) week, provided such hours have
had the prior approval of an authorized departmental man-
agement official. Except that overtime for all employees
not classified as exempt under the requirements of the
Fair Labor Standards Act (FLSA) shall mean work in excess
of forty (40) hours in one (1) week, provided that such
hours of work have had the prior approval of an authorized
departmental management official. Should the Fair Labor
Standards Act be amended to change the definition of over-
time for said employeels), this Section shall be amended
to reflect those changes.
All authorized overtime shall be compensated for by cash
payment based upon one and one-half (1-1/2) times the
hourly rate equivalent of the employee's monthly salary
computed to the nearest one-tenth (0.10) of an hour, ex-
cept that an authorized departmental management official
may grant compensatory tlme off at time and one-half (1-1/
2) for such overtime to a maximum of forty (40) hours in
any fiscal year. Such compensatory time off must be taken
off during the fiscal year in which it is earned. Such
time shall not be taken, however, in conjunctlon with
vacation leave.
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Any compensatory time off not taken off during the fiscal
year will be paid off at the applicable rate of pay, as of
June 30.
2.04. Call~Back Pay
Should the City call back any full-time employee before or
after his/her normal working hours to perform work, the
City shall credit the employee with not less than a mini-
mum of two (2) hours of time, regardless of tlme actually
worked as a result of being called back to work to perform
services for the City.
Call-back shall be defined as any work not specifically
scheduled in advance as to time and/or place and for which
a person is asked to return to the work place after he/she
has left the primary work place.
2.05. Bilinqual Compensation
Qualified employees who meet the criteria set forth herein
shall receive a bilingual bonus of $50.00 per month. To
receive the bilingual bonus, the following criteria must
be met:
A. The employee must be assigned by the City Attorney, or
his/her designated Division Head, to speak Spanish
and/or an Asian language in order to serve the public.
B. An employee must regularly utilize such skills during
the course of his/her duties or upon request of the
City Attorney.
C. An employee must be certified as qualified through an
examlnation administered by the Personnel Department.
(Notwithstanding the criteria listed above, the two
(2) employees who were receiving a bilingual bonus at
the effective date of this Agreement shall continue to
recelve said pay without having to take the proficien-
cy test so long as the City Attorney continues to re-
quire the utilization of that skill.)
2,06. Y-Ratinq
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the incumbent
employee's salary range, the incumbent employee's salary
may be Y-rated. "Y-rating" shall mean the maintenance of
the incumbent employee's salary rate at the level effec-
tlve the day preceding the effective date of the personnel
action placing the employee in a lower salary range. The
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employee's salary shall remain at such level until the
salary range of the new classification equals or exceeds
the Y-rated salary.
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ARTICLE III. SUPPLEMENTAL BENEFITS
3.01. Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it is understood and agreed
that such membership will be maintained and that employee
eligibility, classification, contributions, and benefits
are as prescribed in the contract between the City and
PERS heretofore approved by the Santa Monica Clty Council.
The City shall pay on behalf of each employee covered by
this Agreement an amount equal to 100% of the individual
employee's share of the required retirement contributions
to PERS (i.e., 7% of the employee's "compensation" as de-
fined by law) .
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall be
changed or be deemed to have been changed by reason of
such payments; as a result, the City will not treat these
payments as ordinary income and, thus, will not withhold
Federal or State income tax therefrom. The City's prac-
tice will be to report these payments as being those of
the employees so that they will be credited to the par-
ticular employee's individual account with PERS and upon
termination will belong to the employee.
It is agreed that if State and/or Federal procedures re-
quire reporting of these payments in any other manner, the
parties will abide by such requirements.
3.02. Health Insurance Proqrams
A. Medical Insurance
Effective July 1, 1993, the City agrees to pay up to a
maximum of $475.00 per month towards the cost of
medical insurance coverage for employees and eligible
dependents provided that employees covered herein
participate in the Clty-offered medical insurance
programs. The cost of medical insurance coverage will
be set each July 1st and will be a "composite" monthly
insurance premium derived by dividing the total
monthly premium for all medlcal plans offered by the
City, except the PERS PORAC medical plans, by the
total number of employees enrolled in said medical
plans as of July 1st. Any extra payment required
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under such plans shall be paid by the employee
electing such coverage.
In the event that the contribution "cap" does not
cover the cost of medical insurance coverage for
employees and eligible dependents, the City agrees to
meet and confer with LSSASM.
The City and LSSASM agree that employees should
benefit from any premlum savings which accrue from the
implementation of a new health insurance program
(Triple Option Plan + Kaiser) in 1994. The following
procedure will be utilized to determine savings, if
any, and, in the event of savings, how said savlngs
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 wlII be determined by dividing the total
amount of the savings by the total number of City
employees (non-safety) participating in the
City's medical insurance program. Each
employee's share of any 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 LSSASM 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 medical insurance premiums for the
Triple Option Plan + Kaiser for 1995, and any
subseqent calendar year, should be less than the
actual City medical insurance premiums for 1993, the
savings will be handled in accordance with the same
procedure, outlined above, with the payment being made
to the employees by no later than March 1 of the
following calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no cost
to employees and their eligible dependents provided
that employees covered herein participate in the City-
offered dental insurance programs.
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C. Vision Insurance
Effective upon the execution date of this Agreement,
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 vlsion insurance plan and/or the
level of benefits provided under the plan without
meeting and conferring.
3.03. Tuition Reimbursement
It is agreed that the City will budget annually an amount
equal to $10.00 per employee in the appropriate unit for
tuition and required study material for career lmprovement
study approved by authorized management officials. Pay-
ment shall equal the total cost of tuition (exclusive of
lodging and meals) and the total cost of required study
materials, provided, however, that.
A. Enrollment in the career lmprovement study course
shall be approved in advance by an authorized manage-
ment official;
B. The study course must be directed to quallfication for
employment in a position represented in the City work
force;
C. The employee must exhibit some reasonable expectation
of qualifying for such position upon successful com-
pletion of the study course;
D. Reimbursement shall be made only in lump-sum payments
upon successful completion of the prescribed units of
study required by study course approved;
E. 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 the outside source (s) plus
the normal City reimbursement exceeds the cost of tu-
ition and study material for the approved study
course.
F. If approved tuition relmbursement costs exceed the
budgeted amount as described above, the costs will be
prorated so as not to exceed the budgeted amount.
G. The maximum annual amount of reimbursement per indi-
vidual employee shall not exceed $1,000.00.
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3.04. Mileaae Reimbursement and Enerqy Conservation
Reimbursement to employees for authorized use of personal
automobiles on City business shall be at the rate es-
tablished by the City Council.
Santa Monica Municipal Bus Line tokens, to a maximum of
thirty (30) tokens per month, will be provided to any em-
ployee covered here~n who submits, on the City mileage
reimbursement form, a record of his/her trips (home to
worksite or worksite to home) during the preceding month.
The Santa Monica Municipal Bus Line route number and the
bus number used for each trip must be entered on the
mileage reimbursement form.
Any employee who has not been issued a City parking pass,
or who voluntarily turns in his/her parking pass, shall be
eligible to receive fifty (50) tokens per month under the
terms described above.
3.05. Deferred Compensation
It is hereby agreed that employees covered herein will be
offered participation in the City's deferred compensation
plan. The City will contribute to the plan the amount the
participating employee is contributing to the plan on his!
her behalf, but in no event shall said amount be less than
$10.00 per month nor exceed $25.00 per month per par-
ticipating employee.
3.06. State Disability Insurance
The City shall maintain State Disability Insurance
coverage for employees covered herein, for the term of
this Agreement. Said coverage shall be at City expense.
3.07. S~ck Leave Buy Back
Each employee has the annual option to be paid for certain
unused sick leave on the terms noted below or to "bank"
unused sick leave days.
Payment at the employee's base salary for the fiscal year
during which the sick leave was earned but not used,
excluding any special assignment or bonus pay, shall be
made only to employees on the payroll as of June 30 of
that fiscal year. To quallfy for payment, an employee
must have a sick leave "bank" of six (6) days. For
purposes of this Section, "bank" shall mean sick leave
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earned in prior years and reported in the "sick Leave
Balance Brought Forward from Prior Contract Year" column
of the "Vacation, Sick Leave and Compensatory Time" report
issued by the Finance Department at the beginning of the
fiscal year during which payable sick leave is earned.
Annual sick leave payoffs under this Section for employees
with less than ten (10) years of service shall be made
according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
o
1
2
3
4
5
6 or more
6
5
4
3
2
1
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:
Sick Leave Days Used
In the Fiscal Year
sick Leave Days Payable
At Fiscal Year End
o
1
2
3
4
5
6
7
8
9
10
11
12 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the use of
Code 40 or other time off not appropriately scheduled in
advance will disqualify an employee from eligibility for
payment under this Section. There will be an exception to
this MOU provision for employees covered hereunder who
work a compressed work schedule. Employees assigned to
work a compressed work schedule will be allowed to use
Code 40 or other paid leave time, lncluding vacation,
compensatory time, or unclassified leave, to supplement
the eight (8) hours of paid sick leave in order to receive
a full day'S pay for a sick day. The use of Code 40 or
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.
.
other paid leave t~me in this manner by an employee
assigned to a compressed work schedule will not disqualify
the employee from being eligible for the sick leave buy-
back.
Sick leave for which payoff is received shall be con-
sidered "used" in that it will not be added to the "bank"
(or if added to the "bank" pr~or to the payoff date shall
be removed from the "bank").
Such payment shall be prorated only for employees taking
service retirement during the contract year or for new
employees on the payroll as of June 30 of any covered
contract year.
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ARTICLE IV. LEAVES
4.01. Paid Holldays
Employees covered herein shall receive paid holidays as
hereinafter provided:
New Year's Day. . .
Martin Luther King'S Birthday.
Lincoln's Birthday. .
Washington's Blrthday.
Memorial Day
Independence Day
Labor Day. .
Thanksgiving Day
.January 1
.Third Monday in January
. February 12
.Third Monday ln February
.Last Monday in May
.July 4
.First Monday in September
.Fourth Thursday in
November
The Friday following Thanksgiving
The half day immediately before Christmas Day
Christmas Day. . . . . .. .December 25
The half day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by City Council
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if it falls
on the second day off in lieu of the day llsted. 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.
Time worked on an authorized paid holiday, shall be com-
pensated at straight time at the hourly rate equivalent to
the monthly salary plus the regular holiday pay.
Employees in Divisions observing different hollday
schedules shall, in lieu of the holidays listed above,
receive holidays enjoyed by other operating employees in
that particular Division; provided, however, that the same
number of holidays [twelve (12) days] shall be observed.
The floating holiday is accrued by employees on pay status
on July 1 of each year. A floating holiday not taken by
the end of the fiscal year shall be paid to the employee
on the final paycheck at fiscal year end. A floating
holiday which is cashed out at the end of the fiscal year
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.
shall be paid in an amount equal to eight (8) hours at the
employee's stralght-time base salary rate of pay.
4.02. 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 (5) completed
years of service, one (1) working day for each com-
pleted calendar month of service.
C. Thereafter, up to and including ten (10) completed
years of service, one and one-fourth (1.25) working
days for each completed calendar month of service.
D. Thereafter, up to and including fifteen (lS) 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-fourths (1.75) working days
for each completed calendar month of service.
F. The administratlon or application of vacation leave
provisions and the limitations on the accumulation,
proportionate accumulation, scheduling and payment for
such leave shall be as prescribed in the Civil Service
provisions of the Santa Monica Municipal Code except
that maximum accrual of vacation shall be forty (40)
days.
4.03. Sick Leave
Employees covered herein shall accrue six (6) days of ~ick
leave following six (6) months of continuous serVlce.
Thereafter, one (1) day shall be accrued for each complet-
ed calendar month of service. There shall be no limit on
the number of days accrued except as provided in Section
3.07 (Sick Leave Buy Back) of this Agreement.
4.04. Leave of Absence Without Pay
An employee may be granted a leave of absence without pay
upon application approved by the City Attorney and the
City Manager. Such leave may not exceed one (1) year's
time. Upon expiration of the leave, the employee shall be
reinstated to the position held before the leave was gran-
ted. Such leave shall be granted only in those cases
where an employee's record of service and qualifications
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make it desirable for the City to retain his/her services
even at the cost of some inconvenience to the City.
4.05. Militarv Leave
An employee covered herein who in time of war or national
emergency as procla:Lmed by the Presldent 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 em-
ployment with the City to enter voluntarily the armed for-
ces and within a reasonable time after leaving his/her
employment with the City does enter such service, shall be
granted a leave of absence without pay for the duration of
the period of act:Lve service with such armed forces. If
such employee receives an honorable discharge or its
equivalent and the position still eXlsts and the employee
otherwise is qualified to fill the same, the employee
shall have a right to return to the position with the City
within six (6) months after the termination of such active
service but shall not have a right to so return later than
six (6) months after the end of the war or after the time
the President or Congress procla~ms the national emergency
is terminated, or after the expiration of the national
conscription act. Such an employee shall receive seniori-
ty and other credits on the same basis as though the em-
ployee had remained In City service and had not taken such
military leave. Leaves of absence with pay for temporary
military duty shall be granted in accordance with ap-
plicable State law.
4.06. Jurv Duty
Employees covered herein, when duly called to serve on any
jury and when unable to be excused therefrom, shall
receive the regular base compensation less all jury fees
received excluding mileage for the regularly scheduled
work time required to be in court. Each employee
receiving a notice to report for jury service shall im-
medlately notify his/her immedlate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to com-
plete their regular daily work hours.
4.07. Workers' Compensation Leave
Any employee occupying an employment classification
covered herein shall be eligible to receive disability
payments under the Workers' Compensation Act of California
as specified herein: The employee shall receive the dif-
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.
.
ference between the disability payments under the Workers'
compensation Act and full salary for the first sixty (60)
days of such disability; however, the first two (2) days
of this sixty (60) day period shall be without salary.
4.08. Parental Leave
A. Female Employees:
Female employees shall be entitled to a leave of ab-
sence totaling either 1) four (4) months immediately
following the child's birth or adoption ~f the child
is under the age of three (3); or 2) two (2) months
immediately following the adoption of a child between
the ages of three (3) to seven (7); or 3) one (1)
month immediately followlng the adoption of a child
age eight (8) to twelve (12). The employee shall be
returned to the same job classification occupied prior
to the leave upon expiration of the leave. Additional
leave may be requested under the provisions of this
MOU governing Leaves of Absence Without Pay (Section
4.04) .
Maternity leave is not the same as parental leave and
shall be administered in accordance with State and
Federal law.
B. Male Employees:
Male employees shall be entitled to the same leave of
absence as female employees (see above) provided he
can demonstrate that he has primary responsibility for
the care of a new child who requires constant parental
supervision. If a male does not have the primary
responsibility for the care of the new child, he will
be entitled to parental leave for the 1} first forty-
flve (45) calendar days following the birth or adop-
tion of a child under age three (3); or 2) first thir-
ty (30) calendar days immediately following the adop-
tion of a child age three (3) to seven (7) i or 3)
first fifteen (15) calendar days immediately following
the adoption of a child age eight (8) to twelve (12).
The employee shall be returned to the same job clas-
sification occupied prior to the leave upon expiration
of the leave. Additional leave may be requested under
the provisions of this MOU governing Leaves of Absence
Without Pay (Section 4.04).
C. For either male or female employees, leaves of absence
will be granted in length greater than outlined above
if required by an adoption agency. However, in no
case shall said leave exceed a total of one (1) year.
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.
.
D. Primary Responsibility shall be defined as: The em-
ployee's spouse is medically incapacitated, or the
spouse is gainfully employed during hours the employee
is normally scheduled to work and no schedule change
for the employee or spouse is possible, or by demon-
strating other extraordinary circumstances (such as
adoption of a disabled child who requires constant
parental supervision) .
4.09. Bereavement Leave
Bereavement leave not exceeding five (5) working days with
pay shall be granted to employees covered herein due to
death of a member of the employee's immediate family.
Immediate family shall mean spouse, child, brother,
sister, parent, parent-in-law, grandparent, step-parent,
step-brother or step-sister In addition, bereavement
leave not exceeding five (5) working days with pay shall
be granted to employees covered herein due to the death of
any member of the employee's household.
4.10. Urgent Personal Leave
Two (2) days of sick leave each fiscal year may be used
for urgent personal matters that could not be postponed to
a subsequent time. This leave shall be charged against
accrued sick leave, if any. This leave shall be granted
in units of not less than two (2) hours, and only if ac-
crued sick leave is available. This leave shall not be
accruable from year to year if not used in any given year.
4.11. Unclassified Leave
A paid unclassified leave day shall mean eight {B) hours
at the employee's straight-time base salary rate of pay.
As recognition of the lack of Civil Service protection
afforded to employees covered herein, the City agrees to
grant to each employee who maintains overall performance
ratings of SATISFACTORY or better: four (4) unclassified
leave days off with pay per contract year for employees
with less than ten (10) years of service and five (5) un-
classified leave days off with pay per contract year for
employees with ten (10) or more years of service.
Unclassified leave days shall be earned in increments of
one (1) day effective at the close of each three (3) month
period, with two (2) days earned at the end of the fourth
three (3) month period for employees with ten (10) or more
years of service. New employees may not take their first
day until the second performance rating has been given
- 26 -
.
.
with a rating of SATISFACTORY or better. Payment equiva-
lent to the employee's base salary not to exceed the
equivalent of four (4) days [or five (5) days in the case
of those employees with ten (10) or more years of service]
shall be automatically payable to the employee for unused
days at the end of the fiscal year in which they are
earned; any remaining unused days shall be forfeited. If
the employee does not wish to be paid off, he/she must
notify his/her supervisor in writing by June 15th that he/
she wishes to take the day(s}i however, said day(s) must
be taken by July 30th or be forfeited.
4.12. Familv Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rights Act
(CFRA) and the federal Family and Medical Leave Act (FMLA)
for all employees covered herein. These statutes shall
supersede and be implemented in lieu of any contract
language or City policy/practice which provides a lesser
benefit.
Before the
pertaining
agrees to
LSSASM.
issuance of any administrative regulations
to leave under the CFRA or FMLA, the City
discharge its meet and confer obligation w~th
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.
ARTICLE V. WORKING CONDITIONS
5.01. Safety
The City shall provide a reasonably safe and healthy work-
ing environment in accordance with applicable State and
Federal laws and regulat~ons. The employees covered
herein agree that where safety devices or items of protec-
tive equipment are required or furnished, their use shall
be mandatory.
5.02. Employee Parkinq
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this Agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management Dis-
trlct (AQMD) and the City's Transportation Management
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 Manage-
ment Ordinance within one (1) year of the effectlve date
of this Agreement, it is understood that the City can im-
plement a charge for employee parking in an effort 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 requirements regarding transportation management,
the City can implement said charge. However, in no event
shall the City implement such a charge for parking without
meeting and conferring wlth LSSASM should any employee(s)
represented by them be subject to such a charge.
5.03. Performance Evaluations
The Division Head of each Division shall evaluate in writ-
ing the performance of employees In their respective divi-
sions and all new employees hired subsequent to the effec-
tive date of this Agreement. Such evaluation will be sub-
mi t ted to and approved by the Ci ty Attorney unless the
City Attorney provides a written explanation to the af-
fected employee as to why the City Attorney disagrees with
the Division Head's evaluation. Those employees who are
covered herein, but who are not members of any division in
the City Attorney's Office, will be evaluated by the City
Attorney. All employees will be given reasonable oppor-
tunity to discuss said evaluations with the evaluator.
The evaluations will be performed on the following basis:
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.
.
(a) Once at the conclusion of the first three (3)
months of employment.
(b) Once at the conclusion of the first six (6)
months of employment.
(c) Once at the conclusion of the first year of
employment.
(d) Once every year thereafter, with said performance
evaluations to be due three (3) weeks prior to
the employee's anniversary date with the City.
{e} Whenever an employee's performance substantially
declines.
If the City Attorney, or the Division Head, fails to con-
duct a performance evaluation on or before its due date,
the employee shall advise the City Attorney in writing
that the evaluation is past due. The City Attorney, or
the Division Head, shall complete the evaluation within
ten (10) days of said written notice and any merit in-
crease tied to the evaluation shall be retroactive to the
pay period in which the evaluation was originally due.
An employee covered herein who believes that the pre-
scribed evaluation procedures have not been followed or
that the evaluation does not correspond to the facts
should make a written complaint to his/her supervisor
within ten (10) days of receiving the performance evalua-
tion. If no satisfactory response is received within five
(5) days of filing the complaint, the employee should im-
mediately forward the complaint to the City Attorney. If
no satisfactory response is received within five (5) days,
the employee shall have the right to submit a written
rebuttal to the performance evaluation and to have said
rebuttal attached to and become part of the employee's
permanent performance evaluation.
5.04. 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 submit a request for a work schedule
modificat~on to his/her Department Head. As long as the
operational needs of the Department and the City will
still be met, upon approval of the Department Head, the
employee's request shall be approved. If ~t should be
later determined that the operational needs of the
Department and the City can no longer be met with the
employee'S modified work schedule, the employee shall
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.
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 need to fit wlthin the regular work schedule
established for his/her posltion, the City will make every
reasonable effort to place sa~d 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 outside 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 grleve
such decision under Section 6.03 (Grievance and Complaint
Procedure) of this Agreement. Failure to successfully
transfer an employee under this Section will not be
grievable.
5.05. Employment separations
A. Reductions ~n Force
LSSASM, and each affected member of LSSASM, shall be
provided thirty (30) days' actual, written notice of
any reduction in force (i.e., layoff resulting from a
reduction of the number of budgeted permanent
positions represented by LSSASM in the City'S Adopted
Budget) by the abolition of any position (s) held by
non-temporary employee(s). No employee shall be
terminated pursuant to this provision prior to the
expiration of the notice period.
B. New City Attorney Hiring
During the one hundred-eighty (180) day period
following the first working day of a new City
Attorney, the City Attorney will be precluded from
terminating, reclassifying, "Y -rating" (as that term
is used in Section 2 06) or reducing to part-time
status (absent the voluntary consent of the employee
to part-time status) non-temporary LSSASM employee(s)
except for just cause or pursuant to a bona fide
reduction in force [as to which the notice provision
of S.05(A) shall apply]. This provision applies only
as to the hiring of a City Attorney to fill the
vacancy in effect as of July 1, 1993.
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ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01. Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provislons of Ordinance No. 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or offlcer designated in the employee payroll
deduction authorization any dues, credit union investments
or payments, health and hospitalization insurance premi-
ums, 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.
6.02. Reasonable Notice
It is mutually understood and agreed that a copy (via the
United States Postal Service) of the City Council and/or
Personnel Board agenda for each meeting mailed to the au-
thorized representative of the employees covered herein
shall constitute reasonable written notice, and notice of
an opportunity to meet with such agencies, on all matters
within the scope of representation upon which the City
Councilor Personnel Board may act.
6.03. Grievance and Complaint Policy
In the event any grievances, disputes, or disagreements
arise concerning the interpretation or application of the
terms of this MOU, such grievances, disputes or disagree-
ments -- with the exception of those complaints covered in
Section 5.03 {Performance Evaluations} shall be re-
solved as follows:
A. First Steo. The aggrieved employee(s) is encouraged
to meet wlth the immediate supervisor to discuss the
problem in an effort to clarify the problem and to
work cooperatively toward a settlement.
B. Second Step. If the matter cannot be satisfactorily
resolved within thirty (30) days of the event giving
rise to the grievance [or within thirty (30) days of
the time that the employee learned of the event], the
employee shall submit the grievance in writing to the
City Attorney, stating the nature of the grlevance,
the specific MOU provision alleged to be violated, and
the desired solution. The City Attorney shall meet
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.
.
with the grievant within five (5) working days follow-
ing the presentation of the grievance. Within five
(5) working days following such meeting, the City At-
torney shall give a written decision to the grievant.
C. Third Step. If the grievance is not resolved at the
second step, within five (5) working days, the parties
shall consider submitting said grievance to mediation
as provided by Ordinance No. 801 (CCS). If either
party cannot agree to mediation, within five (5) work-
ing days the parties shall then select a grievance
board made up of one (1) representative of LSSASM, one
(1) representative from management, and a third who
shall be a member of the State Conciliation Service
who shall also act as chairperson. The decision of
the board shall be binding subject to the approval of
the City Council.
Employees shall have the right to represent themselves
individually in grievance matters, or to be accompanied by
a LSSASM representative.
Reasonable time off without loss of payor benefits shall
be given to a grievant and/or LSSASM representative to
investigate and/or process grievances, and to witnesses in
any grievance meeting or hearing held during working
hours.
6.04. Tlme Off for Neaotiations
Individuals covered herein shall be afforded reasonable
time off with pay to prepare for and conduct negotiations.
The authorized representative must receive prior permis-
sion from the City Attorney to use such time.
Notwithstanding the limitations in Ordinance No. 801
(CCS) , LSSASM shall be allowed two (2) representatives at
the negotiating table in a paid status, provided that said
representatives shall not be entitled to pay if the
negotiating sess~ons fall outside of their normal working
schedule.
6.05. Successors
Any person hired to a permanent position In the City At-
torney's Office similar to those covered herein shall be-
come a party to this MOU.
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/e:-R-E.Jii
.
.
IN WITNESS WHEREOF, the parties hereto have caused this Memoran-
dum of understanding to be executed this date:
December 15 , 1993.
By:
Legal Support Staff Association
of Santa Monica
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City of Santa Monica
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~~ Bransfi~ld
LSSASM Repr~~entative
~
City Manager
~C0-J O~
Olsen
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~e sanchez-H~san
~SASM Representative
APPROVED AS TO FORM:
~~
By:
Jose Lawrence
Acting City Attorney
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. .
CITY OF
SANTA MONICA
CALIFORNIA
OFFICE OF THE CP' .\L~"AGER +28-8301
!'O Fl"" '2200. Santa '\-Iomc-a. CalIfornIa 90-1-06- 2200
December 14, 1993
Legal Support staff Association of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attn: Jan Olsen, LSSASM Representative
SUBJECT: Side Agreement re: Cost of Living Adjustment for FY93-94
The city of Santa Monica agrees that in the event any other city
bargaining unit, other than the United Transportation Union, Local
1785, or those bargaining units governed by the Rent Control Board,
should receive a cost of living adjustment for FY93-94, the Legal
Support Staff Association of Santa Monica (LSSASM) shall receive
the same cost of living adjustment. "Cost of living adjustment"
means any general, across the board, salary increase given to all
employees within a bargaining unit. An equity adjustment given to
a specific job classification would not be considered a cost of
living adjustment. Any salary increase given under Section 2.02 of
the MOU between the city of Santa Monica and the Santa Monica
Police Officers Associatlon which guarantees the SMPOA employees
maintain a level of compensation which causes them to be the second
highest among the comparable cities listed would be considered an
equity adjustment, not a general, across the board, cost of living
adjustment.
Sincerely,
~~
John Jalili
City Manager
(KB."lssasm9")