R-8841
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8841
(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
MANAGEMENT TEAM ASSOCIATES
WHEREAS, the City administration and representatives of the
Management 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 (CCS) 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 Understandmg IS to
promote and proVide harmonious relations, cooperation, and understanding between
the City and the Management 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 Management 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:
MARSHA JGlNES M~
City Attorney
(KB "mta7")
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Adopted and approved thIs 29th of November, 1994.
C)0 d-IL
Mayor
I hereby cernfy that the foregoing ResolutIon 8841 (CCS) was duly adopted at a
meeting of the City Council held on the 29th of November, 1994 by the followmg vote:
Ayes. CounclJmembers Abdo, Genser, Greenberg, Holbrook,
Rosenstein, Vazquez
Noes: Councllmembers: None
Abstam: CouncIlmembers None
Absent Councllmembers Olsen
ATTEST
..-- /&/A/?~
/
City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MANAGEMENT TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum......................... 3
1. 02 Purpose................................................... II III 4
1.03 Term of Agreement.................................................... 4
1.04 City Council Approval......................... 4
1.05 Recognized Employee Association Name.......... 4
1.06 Scope of Representation....................... 5
1.07 Full Understanding, Modification and Waiver... 5
1.08 Management Rights Reserved.................... 5
1.09 Peaceful Performance of city Service.......... 6
1.10 Validity of Memorandum of Understanding....... 7
1.11 Captions for Convenience...................... 7
1.12 Equal Employment and Non-Discrimination....... 7
1.13 Definitions.................................................................... 8
1.14 overpayment Remedy............................ 10
1.15 Payments at Termination....................... 11
ARTICLE II: COMPENSATION
2.01 Effective Date of Pay Increase................ 12
2.02 Salaries....................................................................... 12
2... 03 Overtime........ II .. .. .. . .. . _ . .. .. ... . .. .. .. . .. .. . . .. .. .. .. .. .. .. ... .. .. .. .. .. 13
2.04 Promotional Pay Rate.......................... 13
2 . 05 Y - Ra t ing.. .. .. . .. .. . . . . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. .. 13
2.06 Pay for Serving in a Higher
Job Classification.............................. 14
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs..................... 16
3 . 02 Retirement........................................ 17
3 . 03 Tuition Reimbursement. . . . . . . . . . . . . . . . . . . . . . . . . 18
3.04 Deferred compensation......................... 19
3.05 Mileage Reimbursement and Energy
Conservation. . . . . . . . . .. .. . .. . .. . .. . . . . . . . .. . . . .. . . . . .. 19
3.06 Mental Health Insurance....................... 19
3.07 Term Life Insurance.......................... 20
3.08 Long Term Disability Insurance............... 20
3.09 Recognition of Exceptional Performance....... 20
3.10 Performance Based Increases.................. 21
3 . 11 Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . . . . . . 22
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ARTICLE IV: LEAVES
4. 01 Paid Holidays................................. 24
4.. 02 Vacation Leave................................"............."........ 25
4 .. 03 Sick Leave......................................................"........ 26
4.04 Leave of Absence Without Pay.................. 27
4.05 Military Leave............................................................. 27
4.06 Workers' Compensation Leave................... 27
4 .. 07 Jury Duty.......................................................................... 27
4.08 Bereavement Leave............................. 28
4.. 09 Management Leave..............................."........................ 28
4 .10 Parental Leave.......................".."................................ 29
4.11 Family and Medical Leave...................... 29
ARTICLE V: WORKING CONDITIONS
5.01 Safety and Loss Prevention.................... 30
5.02 Effect of Job Performance on Salary........... 30
5.. 03 Employee Parking.......................................................... 31
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions............................ 32
6.. 02 Reasonable Notice.... III .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 32
6.03 Grievance and Complaint Policy................ 32
EXHIBIT A........ .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . . . .. .. .. ... ... .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. . .. 36
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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
City of Santa Monica, which Ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the city Manager on behalf of
management officials of the City and by the MANAGEMENT
TEAM ASSOCIATES (MTA), and on behalf of employees
occupying the line-item full-time employment 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 MTA unit, the Municipal
Employee Relations Officer will notify MTA prior to the
Personnel Board and City council considerations of the new
classifications. Any classifications proposed to be added
to the unit shall be mutually agreed upon in writing and
will become effective upon execution by the President of
MTA and the Municipal Employee Relations officer.
As of January 1, 1992, the following posi tion
classifications will no longer be represented by MTA.
However, an incumbent in any of these classifications as
of December 31, 1991 will have the option of being
"grandfathered" in that he/she will continue to receive
MTA benefits, as set forth in this Agreement and any
subsequent Agreements, as long as he/ she continues to hold
the position classification in question OR of transferring
to the Supervisory Team Associates (STA) bargaining unit
and receiving STA benefits, as set forth in the STA
Agreement and any subsequent STA agreements. This will be
a one-time option given to affected employees.
Auditorium Operations supervisor
Recreation Supervisor
As of July 1, 1994, the Electrical and Public Facilities
Superintendent position classification will no longer be
represented by MTA. However, the incumbent in that
classification as of June 3D, 1994 will have the option of
being "grandfathered" in that he will continue to receive
MTA benefits, as set forth in this Agreement and any
subsequent Agreements, as long as he continues to hold the
position classification in question OR of transferring to
the Supervisory Team Associates (STA) bargaining unit and
receiving STA benefits, as set forth in the STA Agreement
and any subsequent STA agreements. This will be a
one-time option given to the affected employee.
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1. 02 Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the city and the employees covered
herein; to provide an orderly and equitable means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by MTA.
1. 03 Term of Agreement
This Agreement shall be effective as of the 1st day of
July 1993 and shall remain in full force and effect until
the 30th day of June 1995. It shall be automatically
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 wi th a
signed contract desired July 1.
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 MTA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent line-item
employment position classifications set forth in Exhibit
A (which is 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 MTA as the Recognized Employee
Organization:
A. Does not preclude employees in such employment
position classifications from representing
themselves individually in their employment
relations with the city.
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
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classifications 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
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order
and 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 opportunity to make, advance, and discuss all
matters properly within the scope of representation as
outlined in section 2.05 of Ordinance No. 801 (CCS). This
MOU constitutes the full and complete agreement of the
parties and there are no others, oral or written, except
as specified in this Agreement. The parties are not bound
by any past practices or understandings of either party
unless such past practices or understandings are
specifically stated in this MOU except that provisions or
conditions not specifically changed in this or previous
MOU's shall be as prescribed by the civil service
provisions of the Santa Monica City Charter and the Santa
Monica Municipal 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 within the scope of representation as outlined in
Section 2.05 of Ordinance No. 801 (CCS) .
1. 08 Management Rights 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,
discipline, 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.
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c. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determine the overall mission of the unit of
government.
F. Maintain and improve the efficiency and
effectiveness of government operations.
G. Take any necessary actions to carry out the mission
of an agency in situations 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.
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, 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.
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
actions, may by action of the City Manager cancel
any or all payroll deductions, prohibit the use of
bulletin boards , prohibit the use of ci ty
facilities, and prohibit access to former work or
duty stations.
C. Neither the employee organization, nor any person
acting in concert with them, will cause, sanction,
or take part in any strike, walk-out, sit-down,
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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 this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then such
provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence
to negotiate for the purpose of replacing any such invalid
or illegal provision.
Should any change be made in any Federal or state law, or
in any rules and regulations implementing such
legislation, or in any city Charter provision or Santa
Monica Municipal Code provision which would be applicable
and contrary to any provision herein contained, then such
provision of this MOU shall be automatically terminated,
but the remainder of this MOU shall remain in full force
and effect. Such legislation and/or rules and regulations
shall supersede this MOU and applicable clauses shall be
substituted for those ruled invalid or 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 Equal Employment and Non-Discrimination
It is agreed by both parties to this MOU that management
officials play a special role in achieving equal
opportunity in selecting, training, promoting, and
disciplining employees. The parties hereto will work in
partnership with the Personnel Department to ensure full
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compliance with the letter and spirit of all applicable
local, state, and Federal laws, rules and regulations
governing equal opportunity and with the Affirmative
Action Program and Sexual Harassment Policy of the city of
Santa Monica which are incorporated by reference herein.
Both parties acknowledge that progress in meeting
affirmative action goals and the maintenance of a
harassment-free work environment are appropriate
indicators of performance of an employee subject to this
MOU. Both parties also agree to abide by the requirements
of the Americans with Disabilities Act (ADA) .
1.13 Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. nSalary Range" shall mean the normal five steps (A
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position classification within the city work force,
unless changes to the payroll system make a range of
ten (10) steps possible, as described in Section
3.10 of this MOU.
B. "Salary Range steps A through En for each employment
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 - 100%
C. IINearest Dollarll 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 positionn shall mean a position which is:
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(1) specifically itemized in the personnel schedule
of the annual budget of the ci ty 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 benefits 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 incumbent of a
line-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 upermanent employee" shall not be construed
to imply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to his/her status under the Municipal Code and city
Charter and applicable state law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the city of
Santa Monica, either by original employment,
re-employment or promotion. The date of entrance for
employees with broken service shall be considered as
the date on which the last unbroken service was
effective.
G. "satisfactory Servieeu shall mean the attainment of
an overall rating not less than "Competent" on the
performance report associated with the employee's
most recent date of entrance anniversary.
H. flFull-Time Work Week" shall mean forty (40) hours.
(1) Incumbents of line-item positions employed in a
work week less than that defined as the
full-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
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budgeted for that position bears to the
fUll-time work week; incumbents of line-item
positions employed in a work week greater than
that defined as the full-time work week shall
be compensated for hours in excess of the
fUll-time work week on the basis of and in
accordance with the provisions of the Article
hereof relating to overtime. Compensation
shall include base salary, deferred
compensation and any other bonuses or skill
pays provided by this Agreement.
(2) Incumbents of line-item positions regularly
working less than the fUll-time work week shall
accrue vacation, sick leave and other time off
in the same ratio as the average number of
hours they work per week is to the full-time
work week for the position occupied. other
fringe benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-time basis.
I. "Pay" shall mean compensation for regular hours
worked, sick leave, vacation, bereavement leave,
holidays, management leave days, compensatory time
off and/or jury duty.
J. "In Pay status" shall mean earning pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month in which an employee, has been in pay
status for eleven (11) or more working days.
L. "Base Rate" shall mean the hourly rate for the
employee's salary step excluding any special
assignment, bonus pays or other compensation.
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 writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following
overpayment notification, or by other reasonable repayment
method mutually acceptable to the employee and the City,
except that the lump-sum deduction shall be required if
the next subsequent employee payroll warrant is the final
or termination warrant issued to the affected employee.
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1. 1.5 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 management leave
days and unused accrued compensatory time only. No claim
shall be made against the city for the use or payment of
unused sick leave, nor shall the effective date of
termination be extended by the use of compensatory time,
sick leave, vacation or other leave days.
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ARTICLE II: COMPENSATION
2.01 Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes to the salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
2.02 Salaries
Salaries of City employees in line-item 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 which the work week is
forty (40) hours, the hourly rate shall be determined by
dividing the bi-weekly rate by eighty (80).
A. Effective July 1, 1993, the E-step salaries Of
employees covered herein shall remain unchanged.
B. Effective July 1, 1994, the E-step salaries of
employees covered herein shall be increased by 3%.
C. A given classification covered by this MOli 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 bring 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 MTA might want to make
available regarding an equity adjustment for a given
classification. Should a compensation study indicate
that a given job classification is currently being
paid above the mean salary paid to the same
classification found in comparable cities, the
salary range of that classification will remain
unchanged. Internal equity factors will also be
taken into consideration, as deemed appropriate by
the city, when determining whether or not an equity
adjustment for a given classification is warranted.
Equity adjustments described herein will be
considered on an annual basis, either as a part of
the annual budget process if no MOU negotiations
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should be occurring during the year or as a part of
the MOU negotiations process should the MOU be up
for negotiation.
2.03 Overtime
Employees covered herein are exempt employees as defined
by the Fair Labor standards Act (FLSA) as FLSA is applied
to public agency employees. As a result, employees covered
herein will not have to account for their work time on an
hourly basis and will only need to account for each full
day of absence which occurs on a regularly scheduled work
day. Employees covered herein, as exempt employees, will
not be eligible to accrue compensatory time or be paid
overtime.
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 employee's
salary shall be increased to the next higher salary rate
which provides a minimum five (5) percent salary increase,
provided, however, that in no event shall the salary rate
exceed the maximum salary rate for the new classification.
In the event the promotion is to a supervisory position,
the employee promoted shall receive not less than the next
higher salary rate which provides a minimum five (5)
percent increase above the highest salary rate being paid
to any subordinate, provided, however, that in no event
shall the salary rate exceed the maximum salary rate for
the new classification.
A reclassification of a permanent employee covered herein
to a higher level job classification will be considered a
promotion and the employee's salary shall be increased to
the higher salary rate in 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-Rating
When a personnel action, 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. "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. The employee's salary shall remain at
such level until the salary range of the new
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classification equals or exceeds the Y-rated salary. Any
MTA member whose position is abolished shall be demoted to
the highest position under the member's supervision for
which he/she qualifies and subject to the nY-Ratingll
provisions above.
2.06 Pay for Serving in a Higher Job Classification
When, in the determination of the Department Head or City
Manager, it is necessary to specifically assign an
employee the significant duties and responsibilities of a
higher classification, the employee so assigned shall be
compensated as follows:
A. If the position is temporarily vacant due to the
vacation, long-term sick leave or other temporary
absence of the employee in the higher
classification, with said absence to be a minimum of
twenty (20) consecutive work days, the employee
temporarily assigned shall receive the salary rate
for the vacant classification at the lowest salary
step which provides an increase of at least five (5)
percent over his/her current salary for all such
work days assigned in the higher classification. If
the assignment was not projected to be a minimum of
twenty (20) consecutive work days, but ends up being
at least twenty (20) consecutive work days in
length, the employee filling that higher
classification will receive the higher rate of pay,
as spelled out in this section, retroactive to the
first day of the assignment. The city shall not
rotate employees in and out of the higher position
classification assignments in order to avoid paying
said compensation.
B. If the position to be filled is vacant and there is
no valid 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)
basis. The employee so assigned shall receive the
salary rate for the vacant classification at the
lowest salary step which provides an increase of at
least five (5) percent over his/her current salary.
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.
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Nothing in this section shall require the city to
make temporary assignments of employees.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs
A. Medical Insurance
Effective July 1, 1993, the City agrees to pay up to
a maximum of $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 each medical plan year and will
be a "composite" monthly premium derived by dividing
the total monthly premium for all medical plans
offered by the City, except the PERS PORAC medical
plans or any other PERS medical plans, by the total
number of employees enrolled in said medical plans
as of the beginning of the medical plan year. Any
extra payment required under such plans shall be
paid by the employee electing such coverage.
The City and MTA agree that employees should benefit
from any premium savings which accrue from the
implementation of a new health insurance program
(Triple Option Plan + Kaiser) in 1994. The
following procedure will be utilized to determine
savings, if any, and, in the event of savings, how
said 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 + Kaiser 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 with MTA and the other city bargaining
units to determine the method by which said
payment will be made (e.g., lump sum,
contributions to deferred compensation plan,
etc.) .
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In the event the medical insurance premiums for the
Triple option Plan for 1995, and any subsequent
calendar year, should be less than the actual City
medical insurance premiums for 1993, the savings
will be handled in accordance with the same
procedure, outlined above, with the payment being
made to the employees by no later than March 1 of
the following calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to the employees and their eligible dependents
provided that employees covered herein participate
in the City-offered dental insurance programs.
C. Vision Insurance
The city agrees to continue to provide vision care
insurance, at no cost, to employees covered herein.
The City retains the right to select the provider
and to set the levels of coverage for said vision
care insurance plan. The City also retains the right
to change the provider of said vision insurance plan
and/or the level of benefits provided under that
plan without meeting and conferring.
3.02 Retirement
The City is a contract member of the Public Employees'
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility classification, contribution, and benefits are
as prescribed in the contract between the City and the
Public Employees' Retirement System heretofore approved by
the city Council. The city shall continue to pay on
behalf of each permanent employee covered herein one
hundred (100) percent of the individual employee's share
of the required retirement contributions to PERS [seven
(7) percent of the employee's ncompensationn as defined by
PERS legislation] for the term of this MOU.
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.
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It is agreed that if state and/or Federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
3.03 Tuition Reimbursement
The City will budget annually sufficient funds to provide
each permanent line-item employee of the MTA 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 tota 1 cost of
required study materials, provided, however, that:
A. The maximum annual amount of reimbursement per
individual employee shall not exceed one thousand
dollars ($1,000.00) .
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 position represented in the City
work force or to enhance current job skills.
D. The employee must exhibit 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 preauthorized 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 tuition and study material for the
approved study course.
G. Only employees who have completed a probationary
period with the city shall be eligible for this
program.
H. Courses for which tuition reimbursement will be made
must be taken on the employee's time or on
authorized vacation leave.
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I. The procedure to be followed with regard to the
administration of the tuition reimbursement program
shall be established by the Personnel Department.
3.04 Deferred Compensation
The City agrees to contribute to the plan three hundred
twenty-five (325) dollars per month per participating
employee. In addition, the City further agrees to
contribute to the plan the amount the participating
employee is contributing to the plan on his/her behalf,
but in no event shall said additional amount exceed
seventy-five (75) dollars per month per participating
employee. The city's contribution under this Section
shall not exceed four hundred (400) dollars per month per
participating employee.
3.05 Mileage Reimbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automobiles on City
business shall be at the rate authorized by the City
Council. Reimbursement rates will be considered in
preparing budget recommendations at least every two (2)
years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, wi 11 be provided to any
employee covered herein who submits, on the city form, a
record of his/her trips (home to worksite, or worksite to
home) during the preceding month. The Santa Monica
Municipal Bus Line route number and the bus number used
for each trip must be entered on the reimbursement form.
Any employee who has not been issued a City parking pass,
or who voluntarily turns in his/her parking pass, shall be
eligible to receive forty (40) tokens per month under the
terms described above.
3.06 Mental Health Insurance
The City agrees to provide mental health insurance
coverage, at no cost, to permanent employees and their
eligible dependents provided that employees covered herein
participate in the City-provided mental health insurance
program.
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. .
IN WITNESS WHEREOF, the partles hereto have caused this Memorandum
of Understanding to be executed this "iOrn day of
Nnvpmhpr , 1994.
MANAGEMENT TEAM ASSOCIATES
CITY OF SANTA MONICA
~~ 't: f!PA1 - J~~.
CJ::::Jt Shel't n John Jalili
ident City Manager
",
". '" "" I"~,
\"~~\ (:J,"\i~\~~~
Robert Harvey \
\
J
APPROVED AS TO FORM'
~~1::=~
City Attorney
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- ~ ~ ...
. .
EXHIBIT A
Classifications subject to the MOU shall be as follows:
Accounting Manager
Administrative Services Officer
Airport Manager
Arts Division Administrator
Assistant city Clerk
Assistant City Librarian
Assistant Director of Community and Cultural Services
Assistant Director of Transportation
Budget Coordinator
Cable T.V. Manager
Cemetery Superintendent
City Engineer
City Parking and Traffic Engineer
community & senior Programs Manager
Event Facilities Manager
Event Facilities Operations Supervisor
Housing and Redevelopment Manager
Human Services Manager
Information Systems Manager
Maintenance Manager
Parks and sports Manager
Personnel Services Manager
Planning Manager
Purchasing Agent
Revenue Manager/City Treasurer
Solid Waste Operations Manager
Traffic Operations Superintendent
Transit Operations Manager
Transportation Maintenance Manager
Transportation Maintenance Superintendent
utilities Manager
Water and Waste Water Superintendent
Water Production Treatment superintendent
36