R-8834
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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;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS
Section 1 The City Council of the City of Santa Monica does hereby
approve and authorize the City Manager to execute the Memorandum of
Understanding executed by the AdminIstrative Team Associates, a copy of which IS
attached hereto,
Section 2 The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM.
~;~h~
City Attorney
(KB nata 14")
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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
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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
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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
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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.
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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
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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.
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A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, 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
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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.
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B. "Salary Range Steps A through E" for each line-item
position classification within the City work force
shall mean and be established to bear the following
percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be in annual
step increments contingent on satisfactory service.
Step A - 81% of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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,
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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.
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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.
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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) .
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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.
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(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 )
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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
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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
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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.
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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
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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
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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%.
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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