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R-8834 .. ~ e e 8834 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES WHEREAS, the City administration and repres entatlves of the Administrative Team Associates have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment, and WHEREAS, SectIon 2.06 of Ordinance No 801 (CCSl of the CIty of Santa Monica requires preparation of' a written Memorandum of Understanding between the administratIOn and employees if an agreement can be reached, and WHEREAS, Section 2 06 of Ordinance No. 801 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governing body for determination, and WHEREAS, the purpose of the Memorandum of Understanding IS to promote and provide harmonious relations, cooperation, and understanding between the City and the Administrative Team Associates; -- -- -- -- - - -- -- -- - e e NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOllOWS Section 1 The City Council of the City of Santa Monica does hereby approve and authorize the City Manager to execute the Memorandum of Understanding executed by the AdminIstrative Team Associates, a copy of which IS attached hereto, Section 2 The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM. ~;~h~ City Attorney (KB nata 14") ~ e e Adopted and approved tlus 15th of November, 1994 ~' r8 Ib ayor I hereby certIfy that the foregomg Resolution 8834 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 15th of November, 1994 by the followmg vote Ayes Councl1members: Abdo, Genser, Holbrook, Olsen, Rosenstem Noes: Counctlmembers' None Abstam: Counctlmembers None Absent" Councilmembers Greenberg, Vazquez ATTEST __/L ?IJ~ CIty Clerk .. e e MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND ADMINISTRATIVE TEAM ASSOCIATES TABLE OF CONTENTS ARTICLE I: GENERAL PROVISIONS 1. 01 Parties to Memorandum........... ......... ....... 3 1. 02 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 03 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 04 Cl.ty Council Approval........ ........ ........ .. 4 1. 05 Recognized Employee Association Name............ 4 1. 06 Scope of Representation...... ........ ........... 4 1. 07 Full Understanding, Modification and Waiver. . . . . 4 1. 08 Management Rights Reserved... ...... ......... .... S 1 09 Peaceful Performance of City Service....... .. .. .. -II S 1.10 Validity of Memorandum of Understanding. ... ..... 6 1.11 Capt~ons for Convenience........... .. ..... .... 7 1.12 Non-Discrimination and Equal Employment......... 7 1.13 Definitions. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7 1.14 Overpayment Remedy.. ........................... .10 1.15 Payments at Termination........................ .10 1.16 Compensation & Benefits for Part-Time Employees.l0 1.17 Demot ions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 ARTICLE II: COMPENSATION 2.01 Effectl.ve Date of Pay Increase....... .......... .12 2.02 Salaries .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.03 Overtime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.04 Promotional Pay Rate............... . . ..... ..... .14 2.05 Y-Rating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 2.06 Pay for Serving l.n a H~gher Job Classifl.cation. .14 2.07 Skill Pay...... ............................... .15 2.08 Supervisory Differentl.al..... . . . . . . . . . . . . . . . . . . .17 2.09 Shift Differential... .... .... ........... ...... ..17 ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs.... .... ... ...... ......18 3.02 Ret irement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 3.03 Tuition Reimbursement......... .. .. .. .. .. . . . . . . . . . .20 3.04 Deferred Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . .21 3.05 Mileage Reimbursement and Energy Conservation...21 3.06 State Disability Insurance.. ........... ........ .21 3.07 Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . . . . . . . .21 - 1 - .. e e 3.08 Uniforms....................................... .23 3.09 Term Life Insurance............................. 23 3.10 Long Term D~sability Insurance....... .......... .23 ARTICLE IV: LEAVES 4.01 Paid Hol~days........ ........................ .24 4.02 Vacation Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2S 4.03 Sick Leave.. .......... ........................... . . .26 4.04 Leave of Absence Without Pay. ........ .......... .27 4.05 Military Leave................................. .27 4.06 Workers' Compensat~on Leave.. .......... ........ .27 4.07 Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.08 Bereavement Leave............................... 28 4.09 Administrative Leave.... ........ ........ ..... ...28 4.10 Paren tal Leave.................................. 28 4.11 Family Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevention... ............ .......30 5.02 Effect of Job Performance on Salary.............30 5.03 Effect of Reass~gnment/Recertification on Skill Pays.................................... 31 5.04 Employee Parking................................ 31 5.05 Official Personnel Flle........... ............ ..32 5.06 Reduction in Hours from Full-Time to Part-Time..32 5.07 Work Schedules.................................. 32 5.08 Promotions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions........ . . . . . . . . . . . . . . . . . . . . . .34 6.02 Reasonable Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 6.03 Time Off for Association Business....... ....... .34 6.04 Grievance and Compla~nt Procedure....... ....... .34 EXH I BIT A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 0 - 2 - - ---- - ., e e ARTICLE I: GENERAL PROVISIONS 1. 01 Parties to Memorandum This Memorandum of Understanding has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the Ci ty of Santa Monica, which Ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager on behal f of management officlals of the Clty and by the ADMINISTRATIVE TEAM ASSOCIATES (ATA) , and on behalf of employees OccupYlng the line-item position classifications set forth in Exhibit A which is attached hereto and made a part hereof. In the event new job classifications are created which are proposed to be added to the ATA unit~ the Municipal Employee Relatlons Officer will notify ATA prior to the Personnel Board and City Council considerations of the new classificatlons. Any classifications proposed to be added to the unit shall be mutually agreed upon in writing and will become effective upon execution by the Managing Director of ATA and the Municipal Employee Relatlons Officer. 1. 02 Purpose The parties agree that the purpose of this MOD is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein; to provlde an orderly and equitable means of resolvlng 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 ATA. 1. 03 Term of Agreement This Agreement shall be effective as of the 1st day of July 1994 and shall remain in full force and effect until the 30th day of June 1995. It shall be automatlcally renewed from year to year thereafter, unless either party shall notify the other in writing not later than March 1 of each year that it desires to terminate or modify this Agreement, and specifically indicates requested modifications. In the event that such notice is given, negotiations shall begin no later than April 1 with a signed contract deslred by July 1. - 3 - - ---- " e e 1. 04 City Council Approval This MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of Santa Monica. 1. 05 Recognized Employee Association Name The Administrative Team Associates (ATA) ~s hereby acknowledged as the Recognized Employee Organizat~on representing only the permanent line-item position classifications set forth ~n Exhibit A (which ~s attached hereto and made a part hereof) pursuant to Section 3.04 ( c) of Ordinance No. 801 (CCS) . It is the mutual understanding of the parties hereto that acknowledgment of the ATA as the Recognized Employee Organization: A. Does not preclude employees in such line-item position class~fications from representing themselves individually in their employment relations with the C~ty. B. Does not preclude or restrict the right of management officials to meet and consult with employees in such employment pos~tion class~fications concerning their employment relations with the City. 1. 06 Scope of Representation The scope of representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations includingI but not limited to, wage s , hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include considerat~on of the merits, necessitYI or organization of any serv~ce or act~vity provided by law or executive order and that the scope of representation shall be exercised or performed in compliance with the provisions of Ordinance No. 801 { CCS} . 1. 07 Full Understanding, Modification and Waiver The parties agree that each has had full and unrestricted right and opportuni ty to make, advance, and discuss all matters properly within the scope of representatlon as outlined in Section 2.05 of Ord~nance No. 801 (CCS) . This MOU constltutes the full and complete agreement of the part~es and there are no others I oral or written, except as specified in this Agreement. The parties are not bound by any past practices or understandings of either party unless such past practices or understandings - 4 - - -------- -- ~ ' e e are specifically stated in this MOU except that provisions or conditions not specifically changed in th~s or previous MOU's shall be as prescribed by the Civil Service provisions of the Santa Monica City Charter and the Santa Monica Munic~pal Code. Each party, for the term of this MOU, specifically waives the right to demand or petition for changes herein, whether or not the subJects were known to the parties at the time of execution hereof as proper subJects with~n the scope of representation as outlined in Section 2.05 of Ordinance No. 801 (CCS). 1.08 Management R~ghts Reserved The City retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to: A. Direct, supervise, hire, promote, suspend, d~scipline, discharge, transfer, assign, schedule, and retain employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. C. Determine serv~ces to be rendered, operat~ons to be performed, utilization of technology, and overall budgetary matters. D. Determine the appropr~ate 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 ~mprove the efficiency and effectiveness of government operations. G. Take any necessary actions to carry out the mission of an agency in s~tuations of emergency. H. Take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. 1.09 Peaceful Performance of City Service It is mutually understood and agreed that participation by any employee in a strike or a concerted work stoppage terminates the employment relationship in the absence of specific written waiver of such termination by an authorized management official. - 5 - . e e A. It is further understood and agreed that none of the parties hereto will participate in, encourage, assist or condone any strike, concerted work stoppage, cessatlon of work, slow-down, sit-down, stay-away, p1cketing or any other form of interference with or limitation of the peaceful performance of City services. B. In the event that there occurs any strike, concerted work stoppage, cessation of work, slow-down, sit- down, stay-away, picketing or any other form of interference with or limitation of the peaceful performance of City services, the City, in addition to any other lawful remedies or disciplinary act1ons, may by action of the City Manager cancel any or all payroll deductions, prohibit the use of bulletin boards, proh1bit the use of City facilities, and prohibit access to former work or duty statlons. C. Neither the employee organization, nor any person acting in concert with them, will cause, sanction, or take part 1n any strike, walk-out, sit-down, slow-down, stoppage of work, picketing, retarding of work, abnormal absenteeism, withholding of services, or any other interference with the normal work routine. The provisions of this Article shall apply for the same term as this Agreement, or during any renewal or extension thereof. Violation of any provision of this MOU by the Recognized Employee Organization shall be cause for the City, at its sole option, to terminate this Agreement in addition to whatever other remedies may be to the City at law or in equity. D. The City agrees that there shall be no general lockout of bargaining unit members. 1.10 Validity of Memorandum of Understanding If any provision of any Section of th1S MOU 1S determined to be invalid or 1llegal 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 1n any Federal or State law, or in any rules and regulations implementing such legislation, or in any C1ty Charter provision or Santa Monica Municipal Code provision which would be applicable and contrary to any provision of any Section herein contained, then such provision of this MOU shall be - 6 - -- -- - - . . e e automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such leg~slation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. 1.11 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. 1.12 Non-Discrimlnation 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 Act~on Program and the Sexual Harassment Policy of the City of Santa Monica are affirmed by both parties to this MOV and incorporated by reference herein. Both parties agree to abide by the requirements of the Americans with Disabil~ties Act (ADA) . Every City employee is expected to respect the dignity of every other C~ty employee and to refrain from any actions, including the use of slurs or jokes regarding sex, age, race, nat~onal or~gin, religion, disability or sexual preference/orientat~on which could be construed as harassment. Harassment of fellow employees is a violation of City policy. No employment decision shall be based on an employee's submission to or rejection of such conduct. Complaints of a sensitive nature, includ~ng complaints invol ving sexual harassment or any other violat~on of Title VII of the 1964 Civ~l Rights Act, as amended, which invol ve a supervisor or manager whose conduct is the subj ect of the complaint may bypass any step of the standard grievance procedure outlined in Section 2 04.740 of the Santa Monica Munlcipal Code. 1.13 Definitions The following definitlons are to be applied in the ~nterpretation of this MOV: A. "Salary Rangel! shall mean the five step (A through E) hourly or monthly pay scale (and the bi-weekly equivalent) assigned to each employment posltion classification within the City work force. - 7 - , e e B. "Salary Range Steps A through E" for each line-item position classification within the City work force shall mean and be established to bear the following percentage relationship to Salary Range Step E computed to the nearest dollar. Normal progression through the range toward E step shall be in annual step increments contingent on satisfactory service. Step A - 81% of Step E Step B - 85% of Step E Step C - 90% of Step E Step D - 95% of Step E Step E - loa%' C. IINearest Dollar" shall mean the next lower dollar when the computed amount is fifty (50 ) cents or less and the next higher dollar when the computed amount is fifty-one ( 51) cents or more. D. "Line-item positionll 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 week. Other fringe benef~ts shall be provided to part-time employees covered herein as if they were employed on a full-time basis. E. "Permanent Employees" shall mean: (1) A person who is legally an ~ncUmbent of a l~ne- item position, full or part-time; or (2 ) A former incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held pending the employee's return. The term "permanent employee" shall not be construed to imply a guarantee of cont~nued employment. However, no permanent employee shall be denied the right to those due process protect~ons appropriate to his/her status under the Municipal Code and City Charter and applicable State law. F. II Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry into a - 8 - . , e e position in the classif~ed service of the City of Santa Monica, either by orig~nal 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 serv~ce was effective. G. ~Satisfactory Service~ shall mean the attainment of an overall rating not less than ~Satisfactory" on the performance report associated with the employee's most recent date of entrance anniversary H. ~Full-Time work Week" shall mean forty (40 ) hours within the seven (7 ) consecut~ve days (i. e. , seven consecut~ve 24-hour periods) established as the work week for the affected employee(s). (1 ) Incumbents of line-item positions employed in a work week greater than that defined as the full-t~me work week shall be compensated for hours ~n excess of the full-time work week on the bas~s of and in accordance with the prov~sions of the MOU Section relating to overt~me. (2) For employees covered herein who hold permanent positions at the Library, the full time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librarian or his/her designated representat~ve. Sunday work shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate. It is the intent of the City to assign Sunday work on a volunteer basis. However, in the event there are not enough volunteers to staff the Sunday work at the Library, said work will be assigned on an equitable basis among employees. I. ~Payll shall mean compensation for regular hours worked, sick leave, vacation, bereavement leave, hol~days, administrative leave days, compensatory time off and/or jury duty. J. "Completed Calendar Month of Service" shall mean a calendar month in which an employee has been earning pay for eleven ( 11) or more working days. K. II Base Rate II shall mean the hourly rate for the employee's salary step excluding any special assignment, bonus pays or other compensation. - 9 - . . e fit L. "Y-rated" shall mean the maintenance of the employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee in a lower salary range. M. "Municipal Employee Relations Officerll shall mean the City Manager N. "Working Day" as used 1n the sect10ns of this Agreement pertaining to vacation accrual (Section 4.02) and sick leave accrual (Section 4.03) shall mean eight (8) hours. O. II Compressed Work Schedule" shall mean a work schedule in which a full-time employee 18 assigned 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. 1.14 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 wr1ting. The overpayment shall be reimbursed by payroll deduct10ns over a time period equal to the tlme period the overpayment was made, or by any other reasonable repayment method mutually acceptable to the City and the employee. A lump-sum deduction shall be required if the next subsequent employee payroll warrant is the final or termination warrant issued to the affected employee. 1.15 Payments at Termination When permanent employees covered herein leave the service of the City of Santa Monica, they shall be entitled to lump-sum payoff of vacation leave, unused floating holiday, unused accrued compensatory time and unused accrued administrative leave days only. No claim shall be made against the City for the use or payment of unused accrued sick leave, nor shall the effective date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. 1.16 Compensation & Benefits for Part-Time Employees Incumbents of llne-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. Compensation shall include base salary, deferred - 10 - . e - compensation or any bonuses or skill pays provided by this Agreement. Incumbents of llne-item positions regularly working less than the full-time work week shall accrue vacation, sick leave, administrative leave and other time off ln 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 provlded to part-time employees covered herein as if they were employed on a full-time basis. 1.17 Demotions All demotions shall be in accordance with the City Charter and the Santa Monica Municipal Code. - 11 - ~ e e ARTICLE II: COMPENSATION 2.01 Effectlve Date of Pay Increase Notwithstanding any other provision contained herein, changes to the salary range and salary related benefit changes provided herein shall become effectlve on the first day of the payroll period closest to the effective date stated herein. If the effectlve date stated hereln falls on the Sunday in the middle of a pay period, the effective date shall be the flrst day of the following payroll period. 2.02 Salaries Salaries of City employees in line-ltem positions shall be on a monthly rate, paid on a bi-weekly equivalent basis. In lieu of the bi-weekly equivalent to a monthly rate, the City Manager may fix the compensation of any position at an hourly rate. In positions for whlch the work week is forty (40) hours, the hourly rate shall be determined by dlviding the bi-weekly rate by eighty (80). A. Effective July 1, 1994, the E-step salaries of employees covered herein shall be lncreased by three percent (3%). B. A given classification covered by this MOU will be eligible to receive an equity adjustment providing that the compensation study conducted by the City of Santa Monica substantiates the need for an equity adjustment to brlng the salary range of that classification in line with the mean salary paid to the same classification found in comparable cities. The City will be willing to receive and evaluate any salary comparison data that ATA mlght want to make available regardlng an equity adjustment for a glven classification. Should a compensation study indlcate that a given job classif1.cation is currently being paid above the mean salary paid to the same classiflcation found in comparable cities, the salary range of that classification wlII remain unchanged. Internal equity factors will also be taken into consideration, as deemed appropriate by the City, when determining whether or not an equlty adjustment for a glven classification is warranted. Equity adjustments described herein will be considered on an annual bas1.s, elther as a part of the annual budget process if no MOU negotiations should be occurring during the year or as a part of - 12 - , e e the MOU negotJ.ations process should the MOU be up for negotiation. 2.03 Overtime Overtime for full-time employees shall mean work in excess of the regularly scheduled number of hours in one (1) work day or in excess of forty (40) hours in a full- time work week, provided such hours have had the prior approval of an authorized management offJ.cial. Overtime for part-time employees shall mean work in excess of forty {4D) hours in a work week, provided such hours have had the prior approval of an authorized management offJ.cial. All authorized overtime shall be compensated for by cash payment based on one and one-half (1-1/2) times the hourly rate equJ.valent of the employee's monthly salary computed to the nearest one-tenth (.10) of an hour, except that an authorized departmental management official may grant compensatory tJ.me off at the rate of one and one-half (1-1/2) hours off for such overtime. Such compensatory time off may accrue to a maximum of forty (40) hours unless a higher accrual amount is approved by an authorized departmental management official. For employees covered hereJ.n who hold permanent positions at the Library, the full time work week shall be defined as forty (40) hours, Monday through Saturday, as scheduled by the City Librarian or his/her designated representative. Sunday work shall be compensated at the rate of time and one-half (1-1/2) the normal hourly rate. It is the intent of the City to assign Sunday work on a volunteer basis. However, J.n the event there are not enough volunteers to staff the Sunday work at the Library, said work will be assigned on an equitable basJ.s among employees. Departmental management offJ.cials shall not unreasonably deny an employee's request for compensatory tJ.me in lieu of pay. If compensatory time off is accrued and not taken by June 30 of any fiscal year, it will be pald to the employee at the rate earned. There shall be no carry over of unused compensatory tJ.me. In order to supplement eight (8) hours of paid leave time for a regularly scheduled work day comprised of more than eight (8) hours, the employee will have the option of working the additional time required, on a straight-time basis, during the applicable seven-day work week, in order to receive a full day's pay for the day in question Paid leave tJ.me would include vacation, sick leave and administrative leave. - 13 - . e e 2.04 Promotional Pay Rate If a permanent employee covered herein is promoted and his/her salary is equal to or greater than the entrance salary of the promotional classification, the employeeis salary shall be increased to the next higher salary rate which provides a minJ.mum five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classJ.fication. A reclassification of a permanent employee covered hereJ.n to a higher level job classification will be considered a promotlon and the employee's salary shall be increased to the higher salary rate J.n the new classification which provides a minimum of five (5 ) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. 2.05 Y-RatJ.ng When a personnel actl.on, e.g. , demotion due to layoff or reclassification, results in the lowering of the salary range of a permanent employee covered herein, the incumbent employee's salary may be Y-rated. nY-rated" shall mean the maintenance of the employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee in a lower salary range. The employee's salary shall remain at such level until the salary range of the new classJ.fication equals or exceeds the Y-rated salary. 2.06 Pay for Serving in a Higher Job Classification When, in the determinatlon of the Department Head or City Manager, it J.s necessary to specifically assign an employee the signJ.ficant dutJ.es and responsibilities of a higher classification, the employee so assigned shall be compensated as follows A. If the assignment is temporary due to the vacation, sJ.ck leave, Jury duty or other temporary absence of the employee in the higher classification, the employee temporarily asslgned shall be paid at the rate of seventy-flve (75) cents per hour for all such hours assigned after the employee works a minimum of two (2) consecutive work days in the higher classification assignment, with payment retroactive to the fJ.rst day. If the temporary assignment should last a minJ.mum of fourteen (14) consecutive work days, the employee temporarily assigned shall receive the salary rate - 14 - . .. e . for the vacant classification at the lowest salary step that provides a minimum five (5 ) percent salary increase, provided, however, in no event shall the salary rate exceed the maximum salary rate for the vacant classif~cation being filled by the employee on a temporary basis. Said increase shall be retroactive to the first day with the employee reimbursing the City for any additional payment received under paragraph one (1) above. The City shall not rotate employees in and out of higher position classification assignments in order to avoid paying said compensation. B. If the position to be filled is vacant and there is no val~d eligible list for the classification, the Department Head or City Manager, if he/she has initiated procedures to fill the vacancy on a permanent basis, may assign an employee who meets the minimum qualifications of the vacant position to fill the position on a temporary detail (acting) bas~s. The employee so assigned shall receive the salary rate for the vacant class~fication at the lowest salary step which provides an ~ncrease of at least five (5) percent over h~s/her current salary. In no event, however, shall the employee's salary rate exceed the salary range established for the vacant classificat~on being f~lled by the employee on an lIactingn basis. If an eligible list exists for the vacant position, the Department Head shall appoint an employee from the eligible list at the earliest possible date, and the provisions of this paragraph shall be applicable to the employee assigned to cover the vacancy in any interim period. Nothing in this Section shall require the C~ty to make temporary assignments of employees. 2.07 Skill Pay The follow~ng provis~ons exist for added payment to employees covered here~n who possess special skills not required of their classificat~on spec~fications, providing that sa~d special skills are utilized by the employee in the performance of his/her Job: A. Professional Engineer Registration civil Engineer Assistants, c~vil Eng~neer Associates, and Plan Check Engineers shall rece~ve an additional $165.00 per month above their salary rate after they receive offic~al registration by the State of California. Such registration must be - 15 - . . . maintained by the employees and supplemented by regular, at least annual, courses in the engineering field of study, or the skill pay will be stopped as of July 1 of the next fiscal year. Courses which will enable the employee to meet this requirement must be approved by the employee's supervi sor in advance. Said courses must be taken on the employee's own time and will be subject to the tuition reimbursement section of this Agreement. B. Bilingual Skill Pay Qualified employees who meet the criteria set forth herein shall receive a bilingual skill pay of $50.00 per month. To receive bllingual pay the following criteria must be met: (1 ) The employee must be assigned to speak or translate a language in addltion to English. ThlS may include specialized communication skills such as sign language. (2 ) An employee must regularly utilize such skills during the course of their duties or upon request of Clty management. (3 ) To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. (4 ) In order to retain said bilingual skill pay from one fiscal year to the next, during the first month of the new fiscal year (July) the employee receiving bilingual skill pay must be recertified as qualified through examination administered by the Personnel Department. C. Professional Planning Registration Planner, Associate Planners and Assistant Planners shall recelve an additional $25.00 per month above their salary rate after they receive an American Institute of Certified Planners certificate. Such certificate must be maintained by the employees and supplemented by regular, at least annual, courses in the planning field of study, or the skill pay will be stopped as of July 1 of the next fiscal year. Courses whlch will enable the employee to meet this requirement must be approved by the employee's supervisor in advance. Said courses must be taken on the employee'S own tlme and will be subject to the tuition reimbursement section of this Agreement. - 16 - ~ . . 2.08 Supervisory Different~al A supervisory differential of 2.7% shall be paid to employees covered herein who are ass~gned to regularly supervise other employees in the same job classification and who are not covered under the terms of the Section of this MOD covering pay for serving in a higher classification. 2.09 Shift Differential For employees covered hereunder who hold permanent positions at the Library, the following MOU language shall apply: A. A night shift differential of forty (40 ) cents per hour shall be paid to any line-item employee whose regular schedule requires the employee to work between the hours of 5:30 P.M. and 9:00 P.M'I provided that such differential shall be paid only for such hours worked between 5:30 P.M. and 9:00 P.M. B. A differential of forty (40 ) cents per hour shall be paid to line-item employees covered herein for all regular hours worked in a shift which is divided into two (2) parts by three (3 ) or more hours of non-working t~me as a part of the scheduled shift. Such differential shall not be pa~d in add~tion to night shift differential or for overtime hours beyond the scheduled shift. - 17 - - , . . ARTICLE III: SUPPLEMENTAL BENEFITS 3.01 Health Insurance Programs A. Medical Insurance Effective July 1, 1994, the City agrees to pay up to a maximum of $475 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 beg~nning of each med~cal plan year and will be a "composite" monthly premium derived by dividing the total monthly premium for all med~cal plans offered by the City, except the PERS paRAe medical plans or any other PERS medical plans, by the total number of employees enrolled in said medical plans as of the beginning of the medical plan year. Any extra payment required under such plans shall be paid by the employee electing such coverage. The City and ATA agree that employees should benefit from any premium savings which accrue from the implementatlon of a new health insurance program (Triple Option Plan + Ka~ser) in 1994. The following procedure will be utilized to determine savings, if any, and, in the event of savings, how said savings will be distributed: (1) The actual medical insurance premium costs for 1993 for non-safety employees shall be compared against the City's actual premium costs for the new Triple Option Plan + Ka~ser 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 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 w~th ATA and the other City bargalning units to determine the method by which sald payment will be made (e. g. , lump sum, contribut~on to deferred compensation plan, etc.). In the event the medical insurance premiums for the Tr~ple Option Plan for 1995, and any subsequent calendar year, should be less than the actual Clty medical insurance prem~ums for 1993, the savings will be handled in accordance with the same procedure, outlined above, - 18 - . . . with the payment be~ng made to the employees by no later than March 1 of the following calendar year. B. Dental Insurance Dental insurance coverage shall be provided at no cost to the employees and their eligible dependents provided that employees covered here~n partic~pate in the City-offered dental insurance programs. C. Vision Insurance The City agrees to provide vision care insurance, at no cost, to employees covered herein. The City reta~ns the right to select the provider and to set the levels of coverage for said vision care insurance plan. The C~ty also retains the right to change the provider of said vision insurance plan and/or the level of benefits prov~ded under that plan without meeting and conferring. 3.02 Retirement The City is a contract member of the Public Employees' Retirement System, and ~t is understood and agreed that such membership will be maintained and that employee eligib~lity classification, contribut~on, and benefits are as prescribed in the contract between the City and the Public Employees' Retirement System heretofore approved by the City Council. The City shall cont~nue to pay on behalf of each permanent employee covered herein one-hundred (100) percent of the indiv~dual employee's share of the required retirement contributions to PERS [seven (7) percent of the employee's 11 compensation" as defined by PERS legislation] for the term of this MOD. 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 will be credited to the particular employee's individual account with PERS and upon termination will belong to the employee. It is agreed that ~f State and/or Federal procedures require reporting of these payments ~n any other manner, the parties will abide by such requirements. - 19 - . . 3.03 Tuition Reimbursement The City will budget annually sufficient funds to provide each permanent line-item employee of the ATA tuition and required study material reimbursement for career improvement or job enhancement courses approved by authorized department management officials and subject to appeal to and approval of the Director of Personnel. Reimbursement shall equal the total cost of tuition (exclusive of lodging and meals) and the total cost of required study materials, provided, however, that: A. The maximum annual amount of re~mbursement per individual employee shall not exceed one thousand dollars ($1000.00). B. The course of study must be approved in advance by authorized department officials and the Director of Personnel. C. The course must be directed to qualify the employee for an employment pos~tion represented in the City work force or to enhance current job skills. D. The employee must exhib~t some reasonable expectation of qualifying for the new position upon successful completion of the study course if that was the reason for the course. E. Reimbursement shall be made upon successful completion of the pre-authorized course and upon presentation of receipts and proof of satisfactory course completion. F. In no event shall the City's reimbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside source, plus the normal City reimbursement, exceeds the cost of tuit~on and study material for the approved study course. G. Only employees who have completed a probationary period with the City shall be eligible for th~s program. H. Courses for which tuition reimbursement w~ll be made must be taken on the employee's time or on authorized vacation leave. I . The procedure to be followed wi th regard to the administration of the tuition reimbursement program shall be established by the Personnel Department. - 20 - . . '-' 3.04 Deferred Compensation Each employee covered herein shall be offered participation in the City's deferred compensation plan. The City agrees to contribute to the plan the amount the participatJ.ng employee is contn.buting to the plan on his/her behalf, but not to exceed seventy-five dollars ($75.00) per month for any participating employee. 3.05 Mileage Reimbursement and Energy Conservation Reimbursement to permanent employees covered herein for the authorized use of personal automobiles on CJ.ty business shall be at the rate authorized by the City Council. Reimbursement rates will be considered 1n preparing budget recommendations at least every two (2) years. Santa Monica Mun1cipal Bus Line tokens will be provided to any employee covered herein who submits, on the City form, a record of hJ.s/her trips (home to work site, work site to home, or work site to work site) during the preceding month. The Santa Monica Municipal Bus Line route number used for each trip must be entered on the reimbursement form. 3.06 State Disability Insurance The City shall ma1ntain the State Disability Insurance coverage currently in effect for employees covered herein. Said coverage shall be at City expense. No integration of sick leave w111 be provided. This section of the MOD will be in effect through December 31, 1994, at which time State Disability Insurance coverage will be d1scontinued and replaced with a Long Term Disability Insurance plan as set forth in Section 3.10 of this Agreement. Any contribution of State Disability Insurance Benefits beyond December 31, 1994 will be 1n accordance w1th the State D1sability Insurance rules and regulations established by the State. 3.07 Sick Leave Buy Back The employee has the annual option to be paid for certain unused s1ck leave on the terms noted below or to "bank IT unused s1ck leave. Payment at the employee's base rate for the fiscal year during which the sick leave was earned but not used shall be made only to employees on the payroll as of June 30 of that fiscal year. To qualify for payment an employee must have a sick leave "bank" of twelve (12) days. For the purposes of this Section, ubankn shall mean sick leave - 21 - , . e earned in prlor years and reported in the .. Sick Leave Balance Brought Forward from Prior Contract Yearn column of the "Vacation, Sick Leave and Compensatory Time 11 report issued by the Finance Department at the beginning of the fiscal year durlng 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 Sick Leave Days Payable In the Fiscal Year At Fiscal Year End 2 6 3 5 4 4 5 3 6 2 7 1 8 or more 0 Annual slck 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 sick Leave Days Payable In the Fiscal Year At Fiscal Year End 2 12 3 11 4 10 5 9 6 8 7 7 8 6 9 5 10 4 11 3 12 2 13 1 14 or more 0 It is mutually acknowledged by the parties that the use of Code 40 or other time off not approprlately scheduled in advance wll1 disqualify an employee from eligibillty for payment under this Section. Sick leave for which payoff is recelved shall be considered nusedl1 in that it will not be added to the nbank" (or if added to the 11 bank II prior to the payoff date shall be removed from the I1bankn). - 22 - , e . Sick leave payoffs under th1s Section shall be made by separate check by the end of July following the fiscal year in which the payable sick leave was earned. 3.08 Uniforms The City shall provide all necessary uniforms, as determined by the City, to each employee covered here1n who is requ1red by the C1ty to wear a uniform. 3.09 Term Life Insurance The City agrees to maintain at no cost to the employee a term life insurance plan for permanent employees covered herein, with individual coverage to be equal to the employee's base annual salary rounded up to the next one thousand dollars. 3.10 Long Term Disabil1ty Insurance As of January 1, 1995, the City agrees to maintain a long term disability insurance plan for permanent employees covered hereunder at no cost to the employee. The long term disability insurance benef1ts will be equal to 60% of either the employee's base salary or $6,667.00 per month, wh1chever amount is less, reduced by the employee's income from other sources. - 23 - , e e ARTICLE IV: LEAVES 4.01 Paid Holidays Employees covered herein shall receive paid holidays as provided below: New Year's Day - January 1 Martin Luther King's Birthday - Third Monday in January Lincoln's Birthday - February 12 Washington's Birthday - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Thanksgiving Day - Fourth Thursday in November The Friday Following Thanksgiving Day The Half-Day Immediately Before Christmas Day Christmas Day - December 25 The Half-Day Immediately Before New Year's Day One Floating Holiday All Other Holidays Declared by the C~ty Council In addition, the Library shall close by no later than 5:30 P.M. on the day before the Thanksgiving holiday and the day before the New Year's Day holiday. A floating holiday becomes available at the beginning of each fiscal year and must be taken before the end of that fiscal year. A floating holiday not taken by the end of the fiscal year may be paid to the employee if the employee enters the day on his/her final timecard for the fiscal year. Failure to take the floating holiday or to put the holiday on the last timecard for the fiscal year shall constitute a forfeiture by the employee. A floating holiday which is cashed out at the end of the fiscal year shall be paid ~n an amount equal to eight (8) hours of the employee's straight-time base salary rate of pay. Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutive days off, the day preceding shall be deemed the hol~day if it falls on the first day off, and the day following shall be deemed the hol~day 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 follow~ng day shall be deemed the holiday for such employee. - 24 - . e e Employees in departments or divisions observing different holiday schedules shall, in lieu of holidays listed above, receive holidays enjoyed by other operating employees in that department or division, provided, however, that the same number of holidays [twelve ( 12 ) J shall be observed. whenever any day listed herein as a paid holiday falls upon any day other than Saturday or Sunday when a City facility (including department, division or work un~t) is already scheduled to be closed to the public because of the adoption of a compressed work schedule, employees who work at sa~d City facility w~ll receive a floating holiday in lieu of the day listed as the paid holiday. This floating holiday cannot be accrued and carried over to the next fiscal year, and the floating holiday cannot be cashed out at the end of the fiscal year. This floating holiday must be taken by the end of the f~scal year in which it is granted to the employee or be forfeited. 4.02 Vacat~on Leave Employees covered herein shall accrue vacation leave with pay on the following basis: A. Following complet ~on 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 completed calendar month of service. C. Thereafter, up to and including ten (10 ) completed years of service, one and one-quarter (1.25) working days for each completed calendar month of service. D. Thereafter, up to and including f~fteen (15) completed years of service, one and one-half (1.5) working days for each completed calendar month of service. E. Upon completion of fifteen (15) years of service and thereafter, one and three-quarters (1.75) working days for each completed calendar month of service. F. Employees are expected to take their vacation each year. An employee who has accrued vacation to the maximums prescribed herein may be required to take vacation leave in order to reduce the accumulat~on balance. The scheduling of vacation shall be according to department or division policies and contingent on the service needs of the department. - 25 - e e G. Accrual of vacat~on leave shall not exceed forty (40) days. If an employee is denied the time off required to maintain a vacat~on balance below the maximum allowed, the Department Head shall authorize payment to the employee for such vacation as would exceed the maximum accumulation limit. H. Except as provided herein, the administration or application of vacation leave provisions and the limitations on the accumulation, proport~onate accumulation, scheduling and payment for such leave shall be as prescribed ~n the C~vil Serv~ce provisions of the Santa Monica Municipal Code. 4.03 Sick Leave A. The use of sick leave shall be defined as in Section 2.04.570 of the Santa Monica Municipal Code, hereby incorporated as if set forth in full herein, except as follows: S~ck 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 d~sease as evidenced by certification from an accepted medical authority, medical or dental appo~ntments of the employee or the employee's dependent children which could not be scheduled during non-work hours, with proper advance not~fication to the Department Head, or illness or injury of any member of the employee's household. B. Employees covered herein shall accrue sick leave with pay on the following basis, provided that permanent part-time employees shall accrue sick leave in that proportion as the number of hours budgeted for the pos~tion bears to the full-time work week: (1) Following the completion of the first s~x (6 ) calendar months of continuous service, six (6 ) working days. (2) Thereafter, one (1) working day for each completed calendar month of service. C. The foregoing benefits are cumulative subject to the following restrictions: (1) No more than one-hundred-thirty (130) working days may be applied against sick leave for any one (1) illness. - 26 - e e D. Any employee who ~s absent because of sickness or other physical disab~lity shall notify his/her Department Head or other immediate superior officer as soon as possible but in any event in accordance with department rules and regulations. 4.04 Leave of Absence Without Pay A permanent employee covered herein may be granted a leave of absence without pay upon application approved by the Department Head and the City Manager. Such leave may not exceed one (1) year's time. Upon expiration of the leave, the employee shall be reinstated to the posit~on held before the ~eave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualifications make it desirable for the City to retain the employee's services even at the cost of some inconven~ence to the City. 4.05 Military Leave The C~ty will observe the m~11tary leave requirements of State and Federal law. 4.06 Workers' Compensation Leave Any employee covered here~n who is receiving disability payments under the "Workers 11 Compensation Act of Californian (for on-the-job injuries sustained while engaged in the performance of the duties of any such position) shall receive from the City, during the first sixty (60) days of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers' Compensation Act and the employee's full salary. Such payments by the City shall be made without any deduct~on from accrued sick leave benefits. The City's obligation to make such payments shall not commence until the third day of such d1sability absence. 4.07 Jury Duty Employees covered herein, when duly called to serve on any jury and when unable to be excused therefrom, shall receive the regular base compensat10n less all jury fees received excluding m~leage for the time required to be spent ~n court provided that an indiv1dual employee will be so paid for ] ury service only once every three (3) years and shall make every effort to cooperate with any request by the Department Head to request a delay ~n jury service to accommodate important department work in progress. Each employee receiving a not1ce to report for jury service shall immediately notify his/her 1mmediate supervisor. - 27 - . tit e Whenever daily jury duty scheduling permits, employees shall return to their regular daily job assignment to complete their regular daily work hours. 4.08 Bereavement Leave Bereavement leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, step- parent, step-brother, step-s~ster, parent-~n-law, son-in- law, daughter-in-law, grandparent or grandchild. In addition, bereavement leave of not more than five (5) working days with pay shall be provided for absence from duty due to the death of any member of the employee's household. 4.09 Administrative Leave The City agrees to grant each permanent employee covered herein four (4) administrative leave days off with pay per fiscal year in recognit~on of their professional and adm~nistrati ve role at the City . Administrative leave days shall be earned in one (1) day increments effective at the beginning of each three (3) month per~od of the fiscal year, to be usable as accrued. Payment equivalent to the employee's base salary as of June 30 for any unused administrative leave days shall be payable to the employee, upon the request of the employee at the end of the fiscal year when earned. A paid administrat~ve leave day shall mean eight (8) hours at the employee's straight-time base salary rate of pay. 4.10 Parental Leave Employees who have primary responsibility for the care of a new child shall be entitled to a leave of absence totaling four (4) months lmmediately following the child's birth or adoption and shall be returned to the same line-item posit~on occupied prior to the leave upon its expiration. Paid vacation leave, unused accrued admin~strati ve leave, unused accrued compensatory time and sick leave, if applicable, as well as unpaid leave shall be counted toward the four (4) month total. Additional leave may be requested under the provisions of Section 4.04 of this MOD. Maternity leave is not the same as parental leave and shall be administered ~n accordance with State and Federal law. - 28 - - ---- . e e 4.11 Family Leave The City hereby agrees to lmplement 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 issuance of any administrative regulations pertaining to leave under the CFRA or FMLA, the City agrees to discharge its meet and confer obligation with ATA. - 29 - e e ARTICLE V: WORKING CONDITIONS 5.01 Safety and Loss Prevent~on The City shall provlde a reasonably safe and healthy working environment in accordance with applicable State and Federal laws, rules and regulations. The City shall provide and malntain all equipment required by applicable safety laws and regulations and shall comply with all other applicable health and safety laws and regulations. Employees shall report unsafe practices, equipment or conditions to their supervisors. ATA agrees that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. An employee who is directed to perform a task which the employee has good reason to believe is unsafe may request an immediate reVlew by his/her Department Head and the Personnel Director who shall, if deemed appropriate, consult with the appropriate official (s) . During the period of review and/or investigatlon, the employee shall not be required to perform the task complained of, shall not suffer loss of payor benefits, and shall be assigned other appropriate dutles, if possible. If the task complained of is deemed safe by the approprlate official(s}, the employee shall then perform the work as instructed. Both partles to this MOU agree to fully support the City's Risk Control POI1CY. Said policy sets forth the City's commitment to maintaining a safe and healthy work environment, to preventing accidents and injuries and minimizing risk and loss wherever possible. Said policy outlines the safety responsibilities of the City, City managers and supervisors, and City employees. 5.02 Effect of Job Performance on Salary Normally, placement on entry shall be at the A-Step of the salary range and advancement through the range shall normally be to B-Step at one (1) year of employment, C- Step at two (2) years of employment, D-Step at three (3) years of employment and E-Step at four (4) years of employment. The City Manager, in exceptional cases, based upon specific appraisal of the importance and difficulty of the work and the experience and ability of the person to be employed, or of the incumbent, may authorize entrance salaries hlgher than the mlnimum, and special increases - 30 - . . e earlier than what is prescrJ..bed in the salary schedule for the class and length of service of the incumbent. In no event, however, shall the rate exceed the maximum rate for that class. Notwithstanding any provision contained herein, there wlll be no lncrease ln wages of any kind as a result of a NOT ACCEPTABLE ratlng on the employee's prescribed periodic performance rating. There will be no subsequent increases in wages until the NOT ACCEPTABLE rating has been improved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE, the employee may be dismissed from serVlce, and if two (2) consecutive performance ratings are marked NOT ACCEPTABLE, the employee shall be dismissed by appointing authority for inefficiency (SMMC Section 2.04.490). Any overall rating in the BELOW SATISFACTORY category may delay the next scheduled salary step increase at the discretion of the appointlng authorlty. Such action shall remain in effect until the overall rating has been improved to at least the SATISFACTORY level. 5 03 Effect of Reassignment/Recertification on Skill Pays When a nskillll or additional pay referenced in this MOD is the result of assignment to specified duties or hours, or of maintenance of a registration, certlficate or other credentlal, the loss of the skill or additional pay due to the end of the assignment or failure to maintaln the required registration, certificate or credential shall not constitute a demotlon, pursuant to Section 2.04.680 of the Municipal Code. 5.04 Employee Parking It is hereby agreed that the Clty will make every effort to maintaln free parking as it presently exists for City employees at City facilities. The employees covered by this Agreement recognlze that the City must comply with Regulation XV issued by the Alr Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incentives does not result in the Clty meetlng the compliance requirements of AQMD's Regulation XV or the City's Transportation Management Ordinance within one (1) year of the effective date of this Agreement, it is understood that the City can implement a charge for parking during the term of this Agreement ln order to meet those requirements In addition, if it should become necessary to charge for parking during the term of thlS Agreement in order to comply with any other State or Federal requirement regarding transportation management, the City can implement said charge. However, in no event shall the City implement such a charge for parking without - 31 - - - --- t . . It meeting and conferring with ATA should any employee (s) represented by ATA be subJect to such a charge. S.05 Offlcial Personnel File Only that file maintained by the City's Personnel Office and the contents it contains shall be considered the official personnel file for each employee covered herein. An employee's offlcial personnel file and any other file kept on that employee shall be confidential. An employee's official personnel flle may be reviewed only by the employee, by individuals authorized to review said file on a need-to-know basis, and by other persons authorized by the employee. An employee covered by this MOD shall be entitled to review the content of his/her official personnel file at reasonable intervals provided that the employee schedules an appointment, at least twenty-four (24) hours in advance, during the regular business hours of the Personnel Office. S.06 Reductlon in Hours from Full-Time to Part-time In those cases where a permanent full-time employee desires to reduce his/her work schedule to part-time, the employee shall submit a request for a reduction in hours to his/her Department Head. As long as the operational needs of the Department and the City will still be met, upon approval by the Department Head, the employee's request shall be approved. The request will cover a set perlod of time, not to exceed six (6) months. At the end of that time period, if the employee wishes to continue a reduction in hours, he/she must submit another request to his/her Department Head and receive the necessary approvals. If it should be determined that the reduction in hours can no longer be continued, the employee shall go back to a full-time work schedule if he/she wishes to retain hls/her positlon with the City. 5.07 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 wi thin the normal work schedule established for the employee's position, the employee shall submlt a request for a work schedule modificatlon 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 it should be later determined that the operational needs of the - 32 - tf. , ~ e e department and the City can no longer be met with the employee's modified work schedule, the employee shall receive at least thirty (30 ) days' notice that his/her modified work schedule can no longer be continued. In the event that the employee cannot change his/her outside scheduling needs to f~t within the regular work schedule established for his/her position, 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 Sectlon 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 grieve such decision under Section 6.04 (Grievance and Complaint Procedure) of this Agreement. Failure to successfully transfer an employee under this Section will not be grievable. 5 08 Promotions If, upon promotion, an employee represented herein falls to satisfactorily complete h~s/her probationary period in the position to which he/she has been promoted, or during the probationary period wishes to return to his/her former position, he/she shall have the right to return to his/her former position, if vacant, or to a comparable position in the same job classification if a vacancy eXlsts. If no vacancy exists, the employee will have any reappointment rights to his/her former position as provided by the Santa Monica Municipal Code (Section 2.04.450) . - 33 - -- - - ---- - --- , e e ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductions It 1S mutually understood and agreed that the City will, subJect to the provis1ons of Ordinance No. 801 (CCS) and during the term of this MOU, deduct monthly and remit to the office or officer designated in the employee payroll deduction authorization Recognized Employee Organization dues, credit union investments or payments, health and hospitalization insurance premiums, and life and acc1dent 1nsurance premiums. Any or all of such payroll deductions are subject to termlnation by the Clty 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 of the City Council or Personnel Board agenda for each meet1ng mailed, by U.S Mail or interoffice mail, to the authorized representative of ATA shall constitute reasonable written notice, and notice of an opportunity to meet with such agency, on all matters within the scope of representation upon which the City Council or Personnel Board may act. 6.03 Time Off for Association BUSlness Elected Board Members of ATA or their designees shall be allowed to utilize a total of forty (40 ) hours of time off with pay during each fiscal year to conduct necessary Association business. These forty (40 ) hours per fiscal year represent the aggregate maximum use for all authorized representatives of ATA per fiscal year, as opposed to forty (40 ) hours per representative. Prior to such usage, authorized ATA representatives must receive prior permission from the Department Head, or his/her designee, in writlng. All such time off shall be reported by said ATA representative to the Director of Personnel for accounting purposes. 6.04 Grievance and Complaint Procedure A grievance is a complaint by one (1 ) or more employees concerning: (1) Dlsciplinary actions. (2) A sllSpenSl.on, demot1on or removal from a line-item position classification. - 34 - . . e e (3 ) The procedure, rating, or outcome of a performance evaluation. (4 ) The application or interpretation of this MOU and/or ordinances, resolutions, policies, pract~ces or procedures affecting the employee's wages, hours or working conditions. A. Gr~evances related to discipl~nary actions, including the appeal of a suspension, demotion or removal, shall be lodged by the employee and shall be subject to the procedures outlined in Section 2.04.740 and/or Section 2.04.750 et seq of the Santa Monica Municipal Code, which shall constitute the sole administrative recourse available under the terms of this MOU. B. Grievances related to the procedure, rating or outcome of a performance evaluation shall be resolved as follows: Step 1: An employee covered here~n who believes that the prescr~bed evaluation procedures have not been followed or that the evaluation does not correspond to the facts should make a written complaint to h~s/her supervisor within ten (10) working days of rece~ving the performance evaluation. Step 2: If no satisfactory response is received within five (5) working days of filing the complaint, the employee should immed~ately forward the compla~nt to his/her Department Head. The Department Head shall have ten (10) working days to respond to the grievance. Step 3: If no satisfactory response is received within ten (10) working days, the employee should immediately forward the complaint to the Director of Personnel. The Director of Personnel shall confer with the grievant and the Department Head and any other interested part~es and shall conduct such other ~nvestigations as may be advisable. Step 4: The findings of the Director of Personnel shall be submitted to the C~ty Manager with~n ten (10 ) working days of receiving the complaint. The City Manager shall make his/her decision in writing. The City Manager's decision shall be final. The decision of the City Manager shall be mailed to the employee within ten (10 ) - 35 - . . e e working days of recelpt of the findings of the Director of Personnel. The foregoing shall constitute the sole administrative recourse available under the terms of this MOU. e. Grievances related to the application or interpretation of this MOU and/or ordinances, resolutions, policies, practices or procedures affecting the employee's wages, hours or working conditions shall be resolved as follows: Step 1: The aggrieved employee (s) shall meet with the immediate supervisor to discuss the grievance. The grievance or grievances must be stated in writing, specifically citing the MOU provision, ordinance, resolution, rule, policy, practice or procedure that is the subject of the grievance, the circumstances glvlng rise to the grievance, and the desired solution to the grievance within thirty (30) calendar days of the event giving rise to the grievance or within thirty (3D) calendar days of the employee learnlng of the event if the employee could not have known of the event giving rise to the grievance when said event occurred. If the matter cannot be satisfactorily resolved within five (5) working days followlng the meeting with the immediate supervisor, the employee may submit the grievance and the desired solution to the second level supervisor, if any. Step 2: The second level supervisor shall meet with the grievant and the grievant's representatives, if any, no later than the grievant's fifth (5th) work day following presentation of the grlevance. Within five (5) working days following such meeting, the supervisor shall glve a written decision to the grievant. If the second level supervlsor does not have the authority to resolve the grievance, it shall immedlately be forwarded to the Department Head or the approprlate authority. Step 3: If the grievance is not resolved at Step 2, the employee may refer the grievance within ten (10) working days to the Department - 36 - · . e e Headl who shall meet with the employee and the employee's representativel if anYI to discuss the grievance within the employee's fifth (5th) working day following the forwarding of the grievance. Within five (5) working days following such meeting, the Department Head shall give a wr~tten decis~on to the grievant. Step 4: If no satisfactory response is received within ten (10) working days, the employee should immediately forward the complaint to the Director of Personnel. The Director of Personnel shall confer with the grievant and the Department Head and any other interested parties and shall conduct such other investigations as may be advisable. Step 5: The find~ngs of the Director of Personnel shall be submitted to the C~ty Manager within ten (10) working days of receiving the compla1nt. The City Manager shall make his/her decision in writing. The City Manager's decision shall be final. The decision of the City Manager shall be mailed to the employee within ten (10) working days of receipt of the findings submitted by the Director of Personnel. D. All time periods in this Section may be extended by mutual written agreement of the employee or the employee's representative, if any, and the management representative involved. E. If a management representative does not meet w~th the gr~evant or render a dec~sion with~n the time limits specifiedl the employee may immediately exerc~se the next step in the grievance process. F. An employee who has initiated a grievance, or assisted another employee in initiating and/or process~ng a grievance, or who has testif~ed at any hearing shall not in any way be coerced, hinderedl intimidated or discriminated against for exercising this right. G. Employees shall have the right to be represented ~n grievance matters ~n the following manner: 1. Employees shall have the right to represent themselves ind~vidually in grievance matters. 2. Employees may designate a member of the department or of ATA to represent them in - 37 - -- --- --- - t . e e grievance matters at steps 1 and 2 of the grievance process. 3. Employees may deslgnate a member of the department, an ATA representative or a legal representative to represent them in steps 3 and 4 of the grievance process. ATA shall notify the Director of Personnel, ~n writing, of J.ts designated employee grievance representatlves and shall provide notification of any change in such representatives. H. Reasonable time off without loss of payor benefits shall be given to a grievant or ATA employee representative to investigate and/or process grlevances, and to witnesses 1n any grievance meeting or hearing held during work hours. I. Before performing grievance work, ATA representatives, the grievant or witnesses shall obtain permission from the immediate supervisor. Neither the grievant nor the representative nor witnesses shall interrupt or leave work if the supervisor determines that such interruptions or absence will unduly interfere with the work of the employee. However, if the supervisor denies such t~me off, time off must be granted within twenty- four (24) hours of such request. - 38 - . .. e e IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 16th day of November , 1994. ADMINISTRATIVE TEAM ASSOCIATES MANAGEMENT OFFICIALS ,/!L~ CIT~ SANTA MONICA "- ~ J-JL. David Chamberlin ~ John Jalili Managin Director City Manager ~D ~UlliCk . ~.?r~ Karen Pickett ~AS TO FORM: '-~ ~4Lu Marsha Jone Moutrie City Attorney - 39 - ~ I e e EXHIBIT A Classifications subject to the MOU shall be as follows: Accountant Adminlstrative Analyst Architect Assistant Domestic Vlolence Counselor Assistant Planner Assoclate Planner civil Englneering Assistant Civil Engineering Associate Conservation Coordinator Crime Prevention Coordinator - SHO Crime Prevention Coordlnator Domestic Violence Counselor Envlronmental Coordinator Envlronmental Programs Analyst - Hazardous Materlals Management Environmental Programs Analyst - Resource Efficiency Employee Serv~ces Coordinator Environmental Inspector Farmer's Market Coordlnator Lead Environmental Inspector Liability Claims Adjuster Librarian I Librarian II Library Literacy Program Coordinator Loss Control Officer Network Administrator Perm~t and Project Analyst Personnel Analyst Plan Checking Engineer princlpal Water Chemist Programmer Analyst I Programmer Analyst II Senior Accountant Senior Admlnistrative Analyst Senior Personnel Analyst Special Projects Engineer Systems Administrator Systems Analyst Telecommunications Analyst Transportatlon Management Coordlnator Transportation Management Speciallst Transportatlon Planner Video Trainlng/Productlon Coordinator Waste Reduction Coordlnator Water Chemlst Workers' Compensatlon Officer Youth Services Counselor - 40 - ---- - --- -- - . e e RESOLUTION NUMBER 8835 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN WHEREAS, the Executive Pay Plan resolut1on adopted by Resolutlon No. 8283 (CCS) has been In effect for three years and amended by Resolutlon No. 8470 ( CCS) ; and \'iTHEREAS , certaIn of its provisions requIre Bodiflcation to update compensatIon; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1: The CIty Council does hereby modlfy the eXlsting Executive Pay plan resolution which defInes the wages and benefits of the Clty'S Department Heads and those members of the Executive Staff of the City Manager's Office who choose to represent themselves individually under Ordinance No. 801 (CCS) . SECTION 2: The ExecutIve Pay Plan adopted by Resolutlon No. 8283 (CCS) IS readopted and Incorporated herein by thlS reference! except as to Sectlon B Whlch IS amended to read as follows: B. July 1994 Waqe Adiustments. Effective July 1, 1994, the E-step salaries of the partIcipants in the Executive Pay Plan shall be adjusted by 3%. ---- e e SECTION 3: This Resolution shall be effective for the period July I, 1994 to June 3D, 1995. SECTION 4 : 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: .... MARSHA JONES MOUTRIE CIty Attorney (KB. II epp3 11 ) ~ .. e e Adopted and approved thiS 15th of November, 1994. ~ ~t Mayor I hereby certIfy that the foregomg Resolution 8835 (CCS) was duly adopted at a meetmg of the City Council held on the 15th of November, 1994 by the followmg vote Ayes Councllmembers Abdo, Genser. Holbrook. Olsen, Rosenstem Noes Councllmembers: None Abstam Councllmembers None Absent. Councllmembers: Greenberg, Vazquez ATTEST . /~/;/ /~ City Clerk