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R-8700 . . 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; . . 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") . . Adopted and approved thIS 14th day of December, 1993. () 12 11-0 ~yoi . 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 - ( . . , "J 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 - 1 - . " 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 - 2 - . . 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 - 3 - . - 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 - 4 - . - 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 - 5 - . - 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, - 6 - . ~ 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 - 7 - e - 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. - 8 - e - 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. - 9 - - e 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. - 10 - e e 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 - 11 - . . 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 - 12 - . . 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. - 13 - . . 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 - 14 - . . employee's salary shall remain at such level until the salary range of the new classification equals or exceeds the Y-rated salary. - 15 - . . 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 - 16 - . . 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. - 17 - . . 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. - 18 - . . 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 - 19 - . . 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 - 20 - . . 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. - 21 - . . 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 - 22 - . . 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 - 23 - . . 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- - 24 - . . 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. - 25 - . . 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 - 27 - . . 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: - 28 - . . (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 - 29 - . . 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. - 30 - . . 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 - 31 - . . 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. - 32 - ----- /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 ) City of Santa Monica -- , --lJ / /) ~..-~~---"~~- ~~ Bransfi~ld LSSASM Repr~~entative ~ City Manager ~C0-J O~ Olsen Q~~:~~ ~e sanchez-H~san ~SASM Representative APPROVED AS TO FORM: ~~ By: Jose Lawrence Acting City Attorney - 33 - / ----- . . 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")