R-8701
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RESOLUTION NO. 8701
(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
PUBLIC ATTORNEYS UNION
WHEREAS, the City administration and representatives of
the Public Attorneys Union have met and conferred under the terms
of Ordinance No. 801 (CCS) and have reached agreement on wages,
hours and other terms and conditions of employment; and
WHEREAS, Section 2.06 of ordinance No. 801 (CCS) of the
City of Santa monica requ1res 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
bind1ng unless and until presented to the governing body for
determination; and
WHEREAS, the purpose of the Memorandum of Understanding
is to promote and provide harmonious relations, cooperation, and
understanding between the City and the Public Attorneys union;
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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 Public Attorneys union,
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. "paulO")
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Adopted and approved t:h1s 14th day of December, 1993
a~ Itf~
rMayor
I hereby certIfy that the foregomg ResolutlOn No. 8701 (CCS) was duly adopted at a
meetmg of the Clty Councll of the Clty of Santa Monica on the 14th day of December, 1993
by the followmg vole:
AYES Councilmembers Genser, Greenberg, Holbrook, Olsen, Vazquez,
Mayor Abdo
NOES: Councllmemhers. NONE
ABSTAIN: Councllmembers NONE
ABSENT: Councilmembers Rosenstem
ATTEST
~fM~
--- CIty Clerk /
ARTICLE I'
1. 01
1. 02
1. 03
1. 04
1. 05
1. 06
1. 07
1. 08
1. 09
1. ~O
1.11
1.12
1. 13
1 ~4
ARTICLE II:
2.01
2.02
2.03
2.04
2.05
ARTICLE III:
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
PUBLIC ATTORNEYS UNION
TABLE OF CONTENTS
GENERAL PROVISIONS
Parties to Memorandum. . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Purpose. . . . . . . . . . . . . . . . . . . .. ................... 3
Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
City Council Approval............... ............ 3
Recognized Employee Association Name............ 4
Scope of Representation................. . . . . . . .. 4
Full Understanding, Modification and Waiver. ... 4
Management Rights Reserved............ ...... ... 5
Validity of Memorandum of understanding. . . . . . . .. 5
Captions for Convenience.............. .......... 6
Non-Discrimination and Equal Employment......... 6
Definitions..................................... 6
Overpayment Remedy.. .................. .......... 8
Payments at Termination......................... 8
COMPENSATION
Effective Date of Pay Increase...... .......... .10
Salaries. . . . . . . . . .. ...............".......... ,10
Overtime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1~
Bilingual Bonus.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Y-Rating. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
SUPPLEMENTAL BENEFITS
Health Insurance Programs............. ..... ... .13
Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . .. ........ .14
Deferred Compensatlon..... ................., ... .14
Mileage Reimbursement... ,. ......... ......... ... .16
Bar Dues............ . . . . , . . . . . . . . . . . . . . . . . . . . .16
Professional Development................. .......16
Long Term Disability Insurance......... ....... ..16
Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Term Life Insurance............................ .18
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ARTICLE IV:
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
ARTICLE V:
5,01
5,02
5.03
5.04
ARTICLE VI:
6.01
6.02
6.03
6.04
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LEAVES
Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Vacation Leave....... . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Sick Leave.. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . .20
L~a~e of Absence Without Pay. ............ ..... ..20
Mllltary Leave....... . . . . . . . . . . . . . . . . , . . . . . . . . . .21
Workers' Compensation Leave.. .......... ....... ..21
Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Bereavement Leave.... ........ .......... ....... ..22
Parental Leave.................................. 22
Professional Leave...,.......................... 23
Famlly Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
WORKING CONDITIONS
Safety. . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . .25
Employee Parking..... . . . . , . . . . . . . . . . . . . . . . . . . . , .25
Performance Evaluations and Effect of Job
Performance On Salary ....,....................25
Employment Separations.....,.................... 27
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductlons.... . . . . . . . . . . . . . . . . . . . . . . . . . .28
Reasonable Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Time Off For Association Business......... ..... .28
Grievance and Complaint policy............ ..... .28
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ARTICLE I: GENERAL PROVISIONS
1.01.
1.02.
1.03.
1.04,
Parties to Memorandum
This Memorandum of Understandlng has been prepared
pursuant to the terms of Ordinance 801 No. (CCS) of the
City of Santa Monica, which Ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the City Manager and by the
Public Attorneys Union (PAU) , on behalf of Clty Attorney
employees occupying the line-item employment attorney
position classifications, excepting the City Attorney and
Assistant City Attorney.
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equitable means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by PAU.
Term of Agreement
This Agreement shall be effective as of July 1, 1993 and
shall remain in full force and effect until the 30th day
of June 1995, except that either party may re-open
negotiations regarding salaries pursuant to the procedure
in Section 2.02(C).
This Agreement shall be automatically renewed from year
to year thereafter, unless either party shall notify the
other in writing not later than March 1, 1995 (and March
1 of each subsequent year) that it desires to terminate
or modify thls Agreement, 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 1st.
City Council Approval
It is, however, the mutual understanding of all the
parties hereto that such Memorandum of Understanding is
of no force or effect whatsoever unless or until ratified
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1. 05.
1. 06.
1. 07
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and approved by resolutlon duly adopted by the City
Council of the City of Santa Monica.
Recognized Employee Association Name
The Public Attorneys Union (PAU) is hereby acknowledged
as the Recognized Employee organization representing only
the regular attorney employment position
classifications, excepting the City Attorney and the
Assistant City Attorney, pursuant to Section 3.04 (c) of
Ordinance No. 801 (CCS). It is the mutual understanding
of the parties hereto that acknowledgment of PAU:
A.
Does not preclude employees
position classifications
themselves individually in
relations with the CltYi
in such employment
from representing
their employment
B. Does not preclude or restrict the right of
management offlclals to meet and consult with
employees in such employment position
classifications concerning their employment
relations with the City.
Scope of Representation
The scope of representation of the Recognized Employee
Organization shall include all matters relating to
employment conditions and employer-employee relations
including (but not limited to) wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and shall be exercised or performed in compliance
with the provis~ons of Ordinance No. 801 (CCS).
Full Understanding, Modiflcation and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and d~scuss 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 thls Agreement. Parties are not
bound by any past practices or understandings of either
party unless such past practices or understandings are
specifically stated in this MOU except that provisions or
conditions not specifically changed in this or previous
MOUs shall be as prescribed by the civil service
provisions of the Santa Monica Municipal Code.
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1.08.
1.09.
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Management Rights Reserved
The City Attorney retains all rights not specifically
modified or limited by this Agreement, including, but not
limited to, the exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees;
suspend,
schedule,
hire, promote,
transfer, assign,
B. Relieve employees from dutles because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive;
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters;
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted;
E. Determine the overall mission of the unit of
government;
F.
Maintain and improve the efficiency
effectiveness of government operations;
and
G. Take any necessary actlons to carry out the mission
of an agency in situations of emergency.
Validity of Memorandum of Understanding
If any provision of this MOU ~s 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
negotiate for the purpose of replacing any such invalid
or illegal provision.
Should any change be made in any Federal or State law, or
in any rules and regulations implementing such
legislation, or in any City Charter provisions or Civil
Service Rule and Regulation whlch would be applicable and
contrary to any provision herein contained, then such
provision of this MOU shall be automatically terminated,
but the remainder of this MOU shall remaln in full force
and effect. Such legislation and/or rules and
regulations shall supersede this MOU and applicable
clauses shall be substltuted for those ruled invalid or
illegal. The parties hereto shall immediately commence
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L10.
loll.
1.12.
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to negotiate for the purpose of replacing any such
invalid or illegal provision.
Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Non-Discrimination and Equal Employment
It is hereby agreed by the parties to this MOU that they
will fully comply with all applicable local, State and
Federal laws, rules and regulations prohibiting
discrimination and governing equal employment
opportunity. The Affirmative Action Program and the
Sexual Harassment Policy of the City of Santa Monica are
affirmed by both parties to this MOU and incorporated by
reference herein. Both parties will abide by the
requirements of the Americans with Disabilities Act
(ADA) .
Every City employee is expected to respect the dignity of
every other City employee and to refrain from any
actions, including the use of slurs or jokes regarding
sex, age, race, national origin, religion, disability, or
sexual preference/orientation whiCh could be construed as
harassment. Harassment of fellow employees is a
violatlon of City policy. No employment decision shall
be based on an employee's submission to or rejection of
such conduct.
Definitions
The following deflnitions are to be applied ~n the
interpretation of this MOD:
A. "Salary Range" shall mean the normal monthly pay
scale (and the hourly or bi-weekly equivalent)
assigned to each employment pos~tion classification
within the City work force.
B. "Nearest Dollar" shall mean the next lower dollar in
a monthly rate when the computed amount is fifty
(50) cents or less and the next higher dollar when
the computed amount ~s fifty-one (51) cents or more.
C. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
line-item positlon covered by this MOU , either by
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original employment, re-employment or promotion.
The date of entrance for employees with broken
service shall be considered as the date on which the
last unbroken service in the classification was
effective.
D. "satisfactory Service" shall mean the attainment of
an Overall Rating of not less than "Satisfactory" on
the performance report associated with the
employee's most recent date of entrance anniversary.
E. "Pay" shall mean compensation for regular hours
worked, sick leave, bereavement leave, vacation,
holidays, and/or jury duty.
F. "In Pay Status" shall mean earning pay.
G. "Completed Calendar Month of Service" shall mean a
calendar month In which an employee has been in pay
status for eleven or more working days.
H. "Line-item position" shall mean a position which is:
(1) specifically itemized in the personnel schedule
of the annual budget of the City of Santa
Monica; and
(2) eligible to accumulate vacation, sick leave,
and other time off in proportion to the
percentage of the full-time forty (40) hour
work week. Other fringe benefits shall be
provided to part-time employees covered
hereunder as if they were employed on a full-
time basis.
I. "Permanent Employees" shall mean:
(1) A person who is legally an incumbent of a line-
item position, full or part-time; or
(2) A former legal incumbent of a line-item
position on authorized leave of absence from a
regularly budgeted positlon which positlon is
held pending the employee's return.
The term "permanent employee" shall not be construed
to imply a guarantee of continued employment, and
employees covered herein are not subject to the
Civil SerVlce provlsions of the Municipal Code and
City Charter.
J. "Full-Time Work Week" shall mean forty (40) hours.
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1.13 .
1,14 .
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(1) Incumbents of line-item positions employed in a
work week less than that defined as the full-
time work week shall be compensated in that
proportion of the compensation for full-time
employment as the number of hours budgeted for
that position bears to the full-time work week
(2) Incumbents of line-~tem posltions regularly
working less than the full-time work week shall
accrue vacation, sick leave and other time off
in the same ratio as the average number of
hours they work per week is to the full-time
work week for the position occupied. Other
fringe benefits shall be provided to part-time
employees covered hereunder as if they were
employed on a full-time basis.
K "Work~ng Day" as used in the section of this
Agreement pertaining to vacation accrual (Section
4 . 02) and sick leave accrual (Section 4.03) shall
mean eight (8) hours.
L. "Compressed Work Schedule" shall mean a work
schedule in wh~ch a full-time employee is ass~gned
to work a total of eighty (80) regularly scheduled
work hours in nine (9), or less, days in a given
two-week (i.e., two work week) period.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
City for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifies the affected employee in writing. 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 the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee.
Payments at Terminatlon
When permanent employees covered hereunder leave the
service of the City of Santa Monica they shall be
entitled to lump-sum payoff of vacation leave and unused
Professional Leave days only. No claim shall be made
against the City for the use or payment of compensatory
time or unused sick leave, nor shall the effective date
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of termination be extended by the use of compensatory
time, sick leave, vacation or other leave days.
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ARTICLE II: COMPENSATION
2.01.
2.02.
Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes to the salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll perlod closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
Salaries
Salaries of City employees covered herein shall be on a
monthly rate, paid on a bl-weekly equivalent basis.
A. New hires shall be assigned to the classification
and salary rate most appropriate for their education
and experience and for the nature of the work to be
performed as evaluated by the City Attorney,
B. Effective July 1, 1993, the top-step salaries of the
salary ranges established for the job
classlfications covered by this Agreement shall
remain unchanged from the top-step salaries in
effect as of June 30, 1993. As of July 1, 1993, the
salary ranges in effect for employees covered herein
are as follows:
A
B
E
c
D
Deputy Attorney I
3830 4278 4729 N/A N/A
Deputy Attorney II
5153 5557 5960 6363 6554
Deputy Attorney III
7002 7318 7647 7991 8347
C. The salary steps of the salary ranges established
for job classifications covered by this Agreement as
of July 1, 1993, shall remain unchanged unless
either party provides written notice to the other
not later than April 1, 1994 that it desires to
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modify the salaries as of July 1, 1994. In no event
shall the salaries be decreased.
D. Advancement from Deputy Attorney I to Deputy
Attorney II and Deputy Attorney II to Deputy
Attorney III shall be considered a promotion rather
than a step increase. An employee who has reached
the top step of Deputy Attorney I must apply for and
receive a promotion by July 1 of the fiscal year
following the fiscal year in which he/she has served
two (2) years at the top step of Deputy Attorney I
or his/her employment will be terminated effective
July 1. An employee's qualification for promotion
shall be determined by the City Attorney.
E. An employee assigned as Chief Deputy of a division
shall receive a supervisor's bonus of ten (10)
percent of his/her annual base salary per year,
which does not become part of the employee's base
pay. This bonus will be paid on a bi-weekly basis,
2.03.
Overtime
Employees covered herein are exempt employees under the
professional employee exemption of the Fair Labor
Standards Act (FLSA) as it may be applicable to public
agency employees. As a result, employees covered herein
will not have to account for their work time on an hourly
basis and will only need to account for each full day of
absence which occurs on a regularly scheduled work day.
2.04. Bilingual Bonus
Qualified employees who meet the criteria set forth
hereln shall receive a bllingual skill pay of fifty (50)
dollars per month. To receive bilingual pay the
following criteria must be met:
1. The employee must be assigned to speak or translate
a language in addition to English. This may include
specialized communication skills such as sign
language.
2. An employee must regularly utillze such skills
during the course of their duties or upon request of
City management.
3. To become quallfied, an employee must be certified
as qualified through examination administered by the
Personnel Department.
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2.05.
.
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An employee who has not been certified and qualified and
is not receiving billngual skill pay will not be required
to utilize this skill except in an emergency situation.
If, during the term of thls
pay is provided by the
bargaining unit, employees
the higher rate.
Agreement, a higher bilingual
City Council to any other
covered herein shall receive
Y-Rating
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-rated" shall mean
the maintenance of the incumbent employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classlfication equals or exceeds the Y-rated salary.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3 01.
Health Insurance Programs
A. Medical Insurance
Effective July 1, 1993, the City agrees to pay up to
a maximum of $47S per month towards the cost of
medical insurance coverage for employees and
eligible dependents provided that employees covered
herein participate in the City-offered medical
insurance programs. The cost of medical insurance
coverage will be set at the beglnning of each
medical plan year and will be a "composite" monthly
insurance premium derived by dividing the total
monthly premium for all medical plans offered by the
City, except the PERS PORAC medical plans or any
other PERS medical plans, by the total number of
employees enrolled in said medical plans as of the
beginning of the medlcal plan year. Any extra
premium payment above $475.00 required under any of
such plans shall be paid through payroll deduction
by the employee electing such coverage.
Effective July 1,1994, and each July thereafter,
the maximum amount up to which the City agrees to
pay towards the cost of medical insurance coverage
will be equal to the highest medical insurance
premium contrlbution cap established for any of the
City's other bargaining units for that fiscal year,
excluding any premium contribution cap established
for the PERS PORAC medical plans or any other PERS
medical plans. The same terms and conditions
outlined in the first paragraph of this Section
shall still apply, This provision shall rollover
to the same extent as the entlre MOU rolls over.
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 PAU.
The City and PAU agree that employees should benefit
from any premium savings which accrue from the
implementation of a new health insurance program
(Triple Option Plan) in 1994. The following
procedure will be utilized to determlne savings, if
any, and in the event of savings, how said savlngs
will be distributed:
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(1) The actual medical insurance premium costs for
1993 for non-safety employees shall be compared
against the City's actual premlum costs for the
new Triple Option Plan for those same
employees.
(2) If there should be any premium savings between
1993 and 1994, each employee's share of the
savings will be determined by dividing the
total amount of the savings by the total number
of City employees (non-safety) participating in
the City's medical lnsurance 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 PAU 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 for 1995, and any subsequent
calendar year, should be less than the actual City
medical insurance premiums for 1993, the savings
will be handled in accordance with the same
procedure outlined above, with the payment being
made to the employees by no later than March 1 of
the following calendar year.
The City shall make no changes to this Triple-Option
Plan (such as changing insurance carriers or the
number or nature of plans offered) without first
meeting and conferring with PAU.
B. Dental Insurance
Dental insurance coverage shall be provlded at no
cost to employees and their eligible dependents
provided that employees covered herein participate
in the City-offered dental insurance programs.
C. Vision Insurance
The City agrees to continue to provide vision care
lnsurance, at no cost, to employees covered herein.
The City retains the right to select the provider
and to set the levels of coverage for sald vision
care insurance plan. The City also retains the right
to change the provlder of said vision insurance plan
and/or the level of benefits provided under the plan
without meeting and conferring.
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3.02.
3.03.
.
.
Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it is understood and agreed
such membership will be maintained and that employee
eligibility, classification, contribution, and benefits
are as prescribed in the contract between the City and
the Public Employees' Retirement System heretofore
approved by the Santa Monica City Council.
The City shall pay on behalf of each employee covered by
this Agreement an amount equal to one hundred percent
(100%) of the individual employee's share of the required
retirement contributions to PERS (i.e., 7.0% of the
employee's "compensation" as defined by law].
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
such payments; as a result, the City will not treat these
payments as ordinary income and thus will not withhold
Federal or State income tax therefrom. The City's
practice will be to report these payments as being those
of the employees so that they wlIl be credited to the
partlcular employee's individual account with PERS and
upon termlnation will belong to the employee.
It is agreed that if State and/or Federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements
Deferred Compensation
It is hereby agreed that employees covered herein will be
offered participation in the City's deferred compensation
plan. Effective July 1, 1991, the City agrees to
contribute to the plan three hundred-twenty flve (325)
dollars per month per participating employee. In
addition, the City further agrees to contribute to the
plan the amount the participating employee is
contributing to the plan on his/her behalf, but in no
event shall said additional amount exceed seventy-five
(75) dollars per month per participating employee. The
City's contribution under this Section shall not exceed
four hundred (400) dollars per month per particlpating
employee.
Upon approval of this Agreement by both parties, an
employee covered herein who lS currently not
participating in the City's deferred compensation plan
will be allowed to enroll In said plan retroactive to
July 1, 1991 and thereby receive the beneflts provided by
this Section retroactive to that date.
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3.04.
3.05.
3.05.
3 07.
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Mileage Reimbursement
Reimbursement to employees for authorized use of personal
automobiles on City business shall be at the rate
established by the City Council.
Bar Dues
The City shall pay each attorney's California State Bar
dues required to practice law in the State of California.
The City shall also pay for one local bar association
dues at each attorney's option.
Professional Development
Employees covered herein shall receive reimbursement for
registration at legal seminars and trainlng sessions,
inclusive of reasonable travel, parking or accommodation
expenses, provided that the seminar or training program
is reasonably related to the practice of municipal law,
as determined by the City Attorney, and the employee has
received the prior approval of the City Attorney for said
reimbursement. Training tapes and/or books or pamphlets
may be acquired under the terms of this Section provlded
that such materials remain the property of the City.
Each employee covered under this Agreement shall be
required to attend at least one (1) professional
development or training session per each fiscal year. In
addition, the City will provide employees covered herein
with opportunities to meet the continuing education
requirements of the California State Bar either by paying
the cost of required courses or through offering self-
directed studies.
Long Term Disability Insurance
The City will continue to offer employees covered herein
participatlon in a long term disability plan provlded at
City expense. As of the first of the month following
ratification of this Agreement by both parties, the City
agrees to modify the current long term disability
insurance plan to provide long term disability insurance
benefits which will be equal to 60% of either the
employee's base salary or $5,000.00 per month, whichever
amount is less, reduced by the employee's income from
other sources.
- 16 -
3.08.
.
.
sick Leave Buy Back
Each employee covered herein has the annual option to be
paid for certain unused sick leave on the terms noted
below or to "bank" unused sick leave.
Payment at the employee's base 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.
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 Flscal Year End
2 or less
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for
employees with ten (10) or more years of service shall be
made according to the following schedule, providing there
are enough sick days accrued In the employee's sick leave
bank to cover the payoff described below:
Sick Leave Days Used
In the Fiscal Year
S~ck Leave Days Payable
At Fiscal Year End
2 or less
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
- 17 -
3.09.
.
.
It lS 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.
Sick leave for which payoff is received shall be
considered "used" in that it will not be added to the
"bank" (or if added to the "bank" prlor to the payoff
date shall be removed from the "bank").
Term Life Insurance
The City agrees to maintain at no cost to the employee a
term life insurance plan for permanent employees covered
herein, with individual coverage of twice the employee'S
annual base salary.
- 18 -
.
.
ARTICLE IV: LEAVES
4.01.
4,02.
Paid Holidays
Employees OccupYlng the line-item positions covered
herein shall receive paid holidays as follows:
New Year's Day
Martin Luther King's
Birthday
Lincoln's Birthday February 12
Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
The Friday following Thanksgiving
The half-day immediately before Christmas Day
Chrlstmas Day December 25
The half-day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by the City Council
January 1
Third Monday in January
Whenever any day listed here~n as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutlve 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 listed.
Whenever any day listed herein as a paid holiday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Vacation Leave
Each employee occupying a regularly authorized full-time
position or a permanent and continuing part-time position
in any employment classification 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) worklng days.
B. Thereafter, up to and including three (3) completed
years of service, one (1) working day for each
completed calendar month of service.
- 19 -
4.03.
4,04.
.
.
C. Thereafter, up to and includlng seven (7) completed
years of service, one and one-quarter (1.25) working
days for each completed calendar month of service.
D. Upon completion of seven (7) years of service and
thereafter, one and one-half (1.50) working days for
each completed calendar month of service.
E. Accrual of vacation leave hereunder shall not exceed
forty (40) days.
Sick Leave
Sick leave shall be defined as in Section 2.04.570 of the
Santa Monica Municipal Code { hereby incorporated as if
set forth in full herein, except that:
A. Accrual of sick leave shall be as follows:
(1) Following the completion of the first six (6)
calendar months of continuous service, six (6)
worklng days.
(2) Thereafter{ one (1) working day for each
completed calendar month of service.
B. Slck leave shall be defined as absence from duty
because of the employee's illness or off-the-job
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medlcal authority or medical or dental
appointments of the employee which could not be
scheduled during non~work hours with proper advance
notice to the City Attorney.
Leave of Absence Without Pay
An employee may be granted a leave of absence wlthout 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
granted. Such leave shall be granted only in those cases
where an employee's record of service and qualifications
make it desirable for the Cl.ty to retain his or her
services even at the cost of some inconvenience to the
City.
- 20 -
4.05.
4.06.
.
.
Milltary Leave
An employee with a permanent civil service status, who in
time of war or national emergency as proclaimed by the
President of the United States or the Congress of the
United States, or while any natlonal conscription act is
in effect, is inducted into the armed forces of the
United States or who leaves employment with the City to
enter voluntarlly the armed forces and within a
reasonable time after leaving his/her employment wlth the
City does enter such services, shall be granted a leave
of absence without pay for the duration of the period of
active service with such armed forces. If such employee
receives an honorable discharge or its equivalent and the
position still exists and the employee otherwise is
qualified to fill the same, the employee shall have a
rlght 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 SlX
(6) months after the end of the war or after the tlme the
President or Congress proclaim the national emergency is
terminated, or after the expiration of the national
conscription act. Such an employee shall receive
seniority and other credits on the same basis as though
the employee had remained in the City service and had not
taken such military leave, Leaves of absence with pay
for temporary military duty shall be granted in
accordance with applicable State laws.
Workers' Compensation Leave
Employees covered herein hired prior to July 1, 1985, who
are entitled to receive disability payments under the
Workers' Compensation Act of Callfornia for on-the-job
inJuries sustained In the performance of the duties of
the employee's position, shall receive from the City
during the first sixty (60) days of such disability
absence payments in an amount equal to the difference
between the disability payments received under the
Workers' Compensation Act and the employee's full salary.
Such payments by the City shall be made without any
deduction from accrued sick leave benefits. The City's
obligation to make such payments shall not commence until
the third day of such disability absence.
Employees covered herein, hired on or after July 1, 1985,
shall be entitled to only those Workers' Compensation
benefits specified under State law, and shall receive no
salary from the City during leave covered by the Workers'
Compensation Act.
- 21 -
4.07.
4.08.
4.09.
.
.
Jury Duty
Any line-item employee covered herein, when duly called
to serve on any jury and when not excused therefrom,
shall receive the regular base compensation less all jury
fees received excluding mileage, for the regularly
scheduled work time required to be spent in court. Each
employee recelving a notice to report for jury service
shall immediately notify his/her immediate supervisor.
When daily jury duty scheduling permits, employees shall
return to their regular job assignments to complete their
regular work hours.
Bereavement Leave
Bereavement Leave not exceeding five (5) working days
shall be granted to employees covered herein due to the
death of a member of the employee's immediate family.
Immediate family shall mean spouse, childr brother,
sister, parent, parent-in-law, grandparent, step-parent,
step-brother, step-sister, or any other relative living
in the same household.
Parental Leave
Employees who demonstrate that they have pri~ary
responsibility for the care of a new child who requlres
constant parental supervision shall be entitled to a
leave of absence totaling four (4) months lmmediately
following the child's birth or adoption and shall be
returned to the same job classification occupied prior to
the leave upon its expiration. Pald vacation leave or
sick leave, if applicable, as well as unpaid leave shall
be counted toward the four (4) month total. Paid sick
leave can be used only If the requirements of this MOU or
Section 2.04.570 (Sick Leave) of the Santa Monica
Municipal Code are met. Additional leave may be
requested under the provisions of this MOU governing
leaves of absence without pay (Section 4.04).
Maternity leave is not
shall be administered
Federal law.
same as parental
accordance with
leave
State
and
and
the
~n
- 22 -
4.10.
.
.
Professional Leave
As partial recognitlon of the sensitive and demanding
nature of the employee-employer relationship as regards
employees covered herein, the City hereby agrees to grant
to each employee covered herein eight (8) professional
days off with pay to all such employees with less than
fifteen (15) years of service. An additional
professional day [total of nlne (9) days] shall be
granted to all covered employees with fifteen (15) or
more years of service.
Professional days shall be earned in increments with five
(5) days available July 1 of each fiscal year and three
(3) additional days available January 1 of each fiscal
year. Employees with nine (9) days shall earn the extra
day as of January 1 of the fiscal year. Unused
professional leave days may be paid to the employee if
he/she records them on the final timecard of each fiscal
year or in such other pay period required by the Payroll
Di vision of the Finance Department. Unused cashable
professional leave days paid to the employee at the end
of each fiscal year shall be paid on the basis of eight
(8) hours pay, at the employee's base salary rate of pay,
for each professional leave day eligible for payoff.
In addition to the cashable professional leave days
described above, each employee covered herein shall be
entitled to two (2) non-cashable professional leave days.
The two (2) non-cashable professional leave days shall be
earned in increments with one (1) day available July 1 of
each year and one (1) additional day available January 1
of each fiscal year, These two (2) non-cashable
professional leave days shall not be accruable from year
to year if not used in any given fiscal year, nor shall
the employee be compensated for unused non-cashable
professional leave days at the end of the fiscal year.
Any unused non-cashable professional leave day (s) shall
be forfeited at the end of the fiscal year.
Each employee covered herein who is required, by the
scheduling requirements of the court system, to work
Monday through Friday of each calendar week, shall be
entitled to receive five (5) additlonal non-cashable
professlonal leave days over and above those described
above. The five (5) additlonal non-cashable professional
leave days shall be earned in increments with three (3)
days available July 1 of each year and two (2) additional
days available January 1 of each fiscal year. These five
(5) additional non-cashable professlonal leave days shall
not be accruable from year to year If not used in any
given fiscal year, nor shall the employee be compensated
- 23 -
4,11
.
.
for unused non-cashable professlonal leave days at the
end of the fiscal year. Any unused non-cashable
professional leave days shall be forfeited at the end of
the fiscal year. In the event that the City Attorney's
Office places an employee who would normally be required
to work Monday through Friday as of result of the
scheduling requirements of the court system on a
compressed work schedule, said employee would no longer
be entitled to receive additional non-cashable
professional leave days once his/her work schedule has
been changed.
Family Leave
The City hereby agrees to implement family and medical
leave in accordance wlth 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 issuance of any administrative regulations
pertaining to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obligation with
PAD.
- 24 -
.
.
ARTICLE V: WORKING CONDITIONS
5.01.
5.02.
5,03.
safety
The City shall provlde a reasonably safe and healthy
working environment in accordance with applicable State
and Federal laws and regulations. The Recognized
Employee Organization agrees that where safety devices or
items of protective equipment are required or furnished,
their use shall be mandatory.
It is mutually agreed that a representative of the
Recognized Employee Organization may attend meetings of
the Administrative Safety Committee when, in the opinion
of such representative, a safety hazard exists which
should be considered by the Safety Committee.
Employee Parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this Agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management
Dlstrict (AQMD) and the City's Transportation Management
Plan Ordinance. If the use of positlve incentlves does
not result in the Clty meeting the compliance
requirements of AQMD's Regulation XV within one (1) year
of the effective date of this Agreement, it is understood
that the City can implement 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 local, State or Federal requirements regarding
transportation management, the City can lmplement said
charge. However, in no event shall the City implement
such a charge for parking without meeting and conferring
with PAU should any employee (8) represented by them be
subject to such a charge.
Performance Evaluations And Effect Of Job Performance On
Salary
The Clty Attorney or his/her designee shall evaluate in
writing the performance of employees covered hereln on
the following schedule:
A. Once at the conclusion of the first six (6) months
of employment
- 25 -
.
.
B. At the conclusion of the first year of employment.
C. Annually thereafter on or about the employee/s date
of entrance anniversary.
If the City Attorney or his/her designee fails to conduct
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 his/her
designee shall complete the evaluation within fifteen
(15) days of said written notice and any step increases
tied to the evaluation shall be retroactive to the pay
period in which the evaluation was originally due.
In exceptional cases, based upon an Overall rating of
OUTSTANDING, the City Attorney may authorize a step
increase prior to the employee achieving the length of
service normally associated with the salary step. In no
event shall the rate exceed the maximum (E-step) rate for
the employee's class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rating has
been improved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE an employee
may be dismissed from service, and if two (2) consecutive
performance ratings are marked NOT ACCEPTABLE, the
employee shall be dismissed by the appointing authority.
An overall rating in the BELOW SATISFACTORY category may
delay the next scheduled salary lncrease at the
discretion of the appo~nting author~ty. Such action
shall remain In effect until the rating has been improved
to at least a SATISFACTORY level.
An employee who receives an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE shall receive a follow-up
evaluation in three (3) months to assess progress in
correcting performance problems.
An employee who receives an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE may request review of the
rating by a panel consisting of the Asslstant City
Attorney, Chief Deputy Attorney of the employee's
division and a third Deputy Attorney of the employee's
choice who shall review the rating and make
recommendations to the City Attorney in writing. The
City Attorney shall consider the recommendations of the
panel and respond wlth his/her final decision including
reasons, in writing.
- 26 -
5.04
.
.
Commencing on July 1, 1992, an employee who has reached
the maximum base salary established for a Deputy Attorney
III position and who has been at that salary step for at
least one (1) year and whose most recent performance
rating lS overall ABOVE AVERAGE or better shall be
eligible on his/her annlversary date to receive a cash
payment of five (5) percent of the annual base salary.
The rating upon which this payment shall be based shall
be the assessment of the individual conducted in the
preceding year, pursuant to this Section of the
Agreement. Said payments shall not be considered base
salary in computing subsequent salary adjustments but
shall be subject to PERS contributions. The bonus
payment, if any, shall be made within thirty (30) days of
the employee's anniversary date as regards appointment to
a Deputy Attorney III position and shall be based on the
annual base salary in effect on said anniversary date.
Employment Separations
A, Reductions in Force
PAU, and each affected member of PAU, shall be
provided thirty (30) days' actual, written notice of
any reductlon in force (i.e., layoff resulting from
a reduction of the number of Deputy City Attorney
positions budgeted 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
expiration of the notice period.
B. New City Attorney Hiring
During the one hundred-eighty (180) day period
following the first worklng day of a new C~ty
Attorney, the City Attorney will be precluded from
terminating, reclassifYlng, nY-rat~ng" (as that term
is used in Section 2.05) or reducing to part-time
status (absent the voluntary consent of the employee
to part-time status) non-temporary PAU employee (s)
except for just cause or pursuant to a bona fide
reduction in force (as to which the notice provision
of 5.04 (a) shall apply). This provision applles
only as to the hlring of a Clty Attorney to fill the
vacancy in effect as of July 1, 1993.
- 27 -
.
.
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01.
6.02.
6.03.
6.04.
Payroll Deductions
It is mutually understood and agreed that the City,
subject to the provisions of Ordinance No. 801 (CCS) and
during the term of this MOU, shall deduct and remit to
the office or officer designated in the employee payroll
deduction authorlzation recognlzed employee organization
dues, credit unlon investments or payments, health and
hospitalization insurance premiums, and life and accident
insurance programs.
Reasonable Notice
A copy (via the United States Postal Service) of the City
Council and/or Personnel Board agenda for each meeting
mailed to the authorized representative of the Recognized
Employee Organization shall constitute reasonable wrltten
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.
Time Off For Association Business
Authorized Association representatives shall be allowed
to utilize a total of forty (40) hours of time off with
pay during each calendar year to conduct necessary
Association business. These forty (40) hours per annum
represent the aggregate maximum use for all authorized
representatives of the Association per annum.
Grievance and Complaint Policy
In the event any grievances, disputes or disagreements
arise concerning the matters within the scope of
representation of the Recognized Employee Organization,
such grievances, disputes or disagreements shall be
resolved as follows:
Grievances, disputes or dlsagreements concerning the
interpretation or application of the terms of this MOU
shall be resolved, if possible, by meeting and conferring
in good faith. If unresolved by such meetings within
five (5) working days the parties shall consider
submitting such issues to mediation as provided by
Ordinance No. 801 (CCS). If either party cannot agree to
- 28 -
.
.
mediation within five (5) working days, the parties shall
then select a grievance board made up of one (1)
representative of PAU, one representatlve 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 approval of the City Council.
- 29 -
.
.
IN WITNESS WHEREOF, the partles hereto have caused this
Memorandum of Understanding to be executed this 15th day of
Dece~ber ,1993.
-~
CITY OF SANTA MONICA
r/JdL
JOgz;:;:lY
City Manager
~7!7~~B;i.,t:ve
l/~) /flzYj
Adam Radlnsky
PAU Representative
~)(/~--'
Ki1fiery. C;;;;:----
PAU Representative
APP OVED ,AS ~
Jo h Lawrence
Acting City Attorney
- 30 -