R-8842
-, -
. .
8842
(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
SUPERVISORY TEAM ASSOCIATES
WH EREAS, the City administration and representatives of the Supervisory
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 Understanding IS to
promote and provIde harmOniOus relatIons, cooperation, and understandmg between
the City and the Supervisory Team ASSOCiates;
, . .
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 Supervisory 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 ~ONES MOUTRIE
City Attor ey
(KB "sta13")
... . . .
Adopted and approved this 29th of November, 1994
9 ~A
Mayor
I hereby certIfy that the foregoing ResolutIon 8842 (CCS) was duly adopted at a
meetmg of the CIty CouncIl held on the 29th of November, 1994 by the followmg vote:
Ayes Councilmembers' Abdo, Genser, Greenberg, Holbrook,
Rosenstem, V lizquez
Noes: Councllmembers None
Abstam' Councllmembers: None
Absent Councllmembers Olsen
ATTEST
,-~/pi /' jJ~
City Clerk
. .
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SUPERVISORY TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER PAGE
ARTICLE I: GENERAL PROVISIONS
1. 01 Parties to Memorandum...................... . . 3
1. 02 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, & Waiver... 5
1. 08 Management Rights Reserved................... 6
1. 09 Peaceful Performance of city service......... 6
1.10 Validity of Memorandum of Understanding...... 7
1.11 captions for Convenience..................... 8
1.12 Non-Discrimination and Equal Employment...... 8
1.13 Def ini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1.14 Overpayment Remedy........................... 11
1.15 Payments at Termination...................... 11
ARTICLE II: COMPENSATION
2.01 Effective Date of Pay Increase............... 12
2.02 Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.03 Overtime. . . . . .. . . . . . . + . . . . .. . . . . . . .. . . . .. .. .. .. . .. . . . 12
2.04 Shift Differential........................... 13
2.05 Skill/ Assignment Pay......................... 15
2.06 Call-Back Pay................................ 15
2.07 Pay Rate on Appointment/supervisory
Differential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2.08 Pay for Serving in Higher Job Classification. 17
2.09 Bilingual Bonus.............................. 19
2.10 Y - Rating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs.................... 20
3.02 Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
1
~ .. . .
3.03 Tuition Reimbursement........................ 22
3.04 Deferred Compensation........................ 23
3.05 Uniform Allowance.. . .. . . . . . . . . . . . . . . . . . . . .. .. 23
3.06 Mileage Reimbursement & Energy
Conservation. . . . . . . . . . . . . . . . . . . ... .. .. . . . . . . . . . . 24
3.07 Sick Leave Buy Back. . . . . . . . . . . . . . . . . . . . . . . . .. . 25
3.08 Term Life Insurance........................... 26
3.09 Long Term Disability Insurance................ 26
ARTICLE IV: LEAVES
4.01 Paid Holidays.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.02 Vacation Leave............................... 28
4.03 Sick Leave................................... 29
4.04 Leave of Absence without Pay................. 30
4.05 Military Leave.............................................. 31
4.06 Workers' Compensation Leave.................. 31
4.07 Bereavement Leave............................ 31
4.08 Jury Duty.................................... 31
4.09 Parental Leave............................... 32
4.10 supervisory Leave... . . . . . . . . . . . . . . . . . . . . . . . . . 32
4.11 Family Leave................................. 33
ARTICLE V: WORKING CONDITIONS
5.01 Safety & Loss Prevention..................... 34
5.02 Employee Parking.................... . . . . . . . . . 34
5.03 Effect of Job Performance on salary.......... 35
5.04 Effect of Reassignment/Recertification on
Bonus / Skill Pay.............................. 35
5.05 Supervisory Training......................... 36
5.06 Work Schedules............................... 36
5.07 Promotion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
5.08 Probationary Period. . . . . . . . . . .. . . . . . . .. . . . . .. 37
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions........................... 39
6.02 Reasonable Notice............................ 39
6.03 Time Off for Association Business............ 39
6.04 Grievance & Complaint Policy................. 40
EXHIBIT "A"........................................ 44
2
., . e
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum
This memorandum of understanding has been prepared
pursuant to the terms of Ordinance 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 Supervisory Team
Association (STA) , and on behalf of employees occupying
the line-item full and part-time employment position
classifications set forth in Exhibit A which is attached
hereto and made a part hereof.
As of July 1, 1990, the following position classifications
will no longer be represented by STA. However, an
incumbent in any of these classifications as of June 30,
1990 will be "grandfathered" in that he/she will continue
to receive STA benefits, as set forth in this Agreement
and any subsequent Agreements, as long as he/she continues
to hold the position classification in question. Whenever
one of the affected position classifications becomes
vacant, the new incumbent will receive the benefits
provided by the Memorandum of Understanding representing
that position classification as of July 1, 1990.
Concrete Crew Leader
Event Attendant III
Senior Accountant
Senior Parking Meter Collector
Senior Tree Trimmer
Storekeeper
Wastewater Crew Leader
Water Leader
As of July 1, 1993, the position classification of Fire
Prevention Engineer will no longer be represented by STA.
However, the incumbent in that classification as of June
30, 199] will be It grandfathered " in that he/she will
continue to receive STA benef its, as set forth in this
Agreement and any subsequent Agreements, as long as he/she
continues to hold the position classification in question.
If the position classification of Fire Prevention Engineer
becomes vacant, the new incumbent will receive the
3
. . .
benefits provided by the Memorandum of Understanding
representing that position classification as of July 1,
1993.
In the event new job classifications are created which are
proposed to be added to the STA unit, the Municipal
Employee Relations Officer will notify STA prior to the
Personnel Board and City council considerations of the new
classifications. Any classifications proposed to be added
to the unit shall be agreed upon in writing and will
become effective upon execution by the President of STA
and the Municipal Employee Relations Officer.
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 STA.
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 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 with 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.
L05 Recognized Employee Association Name
The STA 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 801 (CCS) . It
is the mutual understanding of the parties hereto that
4
. .
acknowledgment of the STA 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 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 m.atters 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
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 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 or the attachments hereto. 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
801 ( CCS) .
5
. .
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.
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 limi tat ion of the peaceful
performance of City services.
6
. . . .
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down,
sitdown, 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 City
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,
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.
Such illegal or invalid section shall be substituted with
a benefit of equal value or worth, with the parties hereto
to 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
7
. - . .
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-Discrimination and Equal Employment
It is agreed by both parties to this MOU that supervisors
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 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 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. "salary Range" shall mean the normal five step (A through
E) hourly or monthly pay scale (and the bi-weekly
equivalent) assigned to each employment position
classification within the City work force.
B. "Salary Range steps A through E 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
8
---- --
. .
step D - 95% of Step E
step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar when the
computed amount is 50 cents or less and the next higher
dollar when the computed amount is 51 cents or more.
D. "Line-item position" shall mean a position which is
(1) specifically itemized in the personnel schedule of
the annual budget of the city of Santa Monica and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage of
the full-time forty (40) hour week. other fringe
benefits shall be provided to part-time employees
covered hereunder 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 "permanent 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 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.
9
. -
H. "Full-Time Work Week" shall mean forty (40) hours within
the seven (7) consecutive day period established as the
work week for the affected employee(s).
(1) Incumbents of line-item positions employed in a work
week less than that defined as the full-time work
week shall be compensated in that proportion of the
compensation for full-time employment as the number
of hours budgeted for that position bears to the
full-time work week; compensation shall include base
salary, deferred compensation and any other bonuses
or skill pays provided by this Agreement. 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.
(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 hereunder 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,
supervisory 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 or more working days.
L. "Working Day" as used in the section of this Agreement
pertaining to vacation accrual (Section 4.02) and sick
leave accrual (Section 4.03) shall mean eight (8) hours.
M. IICompressed Work Schedule" shall mean a work schedule in
which a full-time employee is 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.
10
-- -------
--
T . .
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
re-payment method mutually acceptable to the employee and
the city, except that the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the affected
employee.
1.15 Payments at Termination
When permanent employees covered hereunder leave the
service of the city of Santa Monica they shall be entitled
to a lump sum payoff of vacation leave, unused supervisory
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 or other leave days, nor
shall the effective date of termination be extended by the
use of compensatory time, sick leave, vacation or other
leave days.
11
------
. e
ARTICLE II: COMPENSATION
2.01 Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes in 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 80.
A . Effective July 1, 1994, the E-step salaries of
employees covered hereunder shall be increased by
3%.
For the following classifications, the salary
increase provided in Subsection A of this Section
shall be applied to the following E-step salaries.
For the purposes of this section, the E-step salary
for all other classifications covered herein shall
be that E-step salary in effect as of June 30, 1994.
Council Office Administrator $3,592
General Ledger supervisor $4,407
Payroll Supervisor $4,474
Accounts Payable supervisor $4,630
2.03 Overtime
A. Overtime for employees who are regularly assigned to
a five (5) day, eight (8) hour per day work week and
for permanent part-time employees who regularly work
less than eight (8) hours in one (1) day and forty
(40) hours in one (1) week shall mean work in excess
of eight (8) hours in one (1) day or forty (40)
hours in one (1) week, provided such hours of work
have had the prior approval of an authorized
departmental management official. Overtime for
employees regularly assigned to a work day in excess
of eight (8) hours or work week in excess of forty
(40) hours shall mean work in excess of the
12
. .
regularly scheduled number of hours in one (1) day
or in excess of the regularly scheduled hours in one
(1) work week, provided such hours have had the
prior approval of an authorized management official.
All authorized overtime shall be compensated for by
cash payment based on one and one-half (1-1/2) times
the hourly rate equivalent 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 time 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.
B. Department management officials shall not
unreasonably deny an employee's request for
compensatory time in lieu of pay. If compensatory
time off is accrued and not taken by June 30 of any
fiscal year, it will be paid to the employee at the
rate earned. There shall be no carryover of unused
compensatory time.
C. In no event may an employee's work schedule be
changed to avoid the payment of overtime unless the
employee initiates the schedule change. Further,
management will not schedule split shifts to avoid
overtime or for any other reason. (For those
classifications working a split shift as of July 1,
1987, this provision shall not apply.)
D. An employee who is directed to work on a scheduled
day off, shall receive time and one-half (1-1/2) for
all hours worked on that day.
E. 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
payroll period, in order to receive a full day's pay
for the day in question. Paid leave time would
include holiday hours, vacation, sick leave and
supervisory leave.
2.04 Shift Differential
Permanent employees covered herein shall receive shift
differential as follows:
A. Seventy-Five cents ($.75) per hour for all hours
worked on the shift for employees whose regular
schedule requires that the employee work at least
13
. .
four (4) hours between 4:00 p.m. and 12:00 Midnight,
subject to C, D, and E below.
B. Ninety cents ($.90) per hour for all hours worked on
a shift for employees whose regular schedule
requires the employee to work at least four hours
between 12:00 Midnight and 7:00 a.m., subject to Cr
Dr and E below.
c. If any employee qualifies under both A and B above,
provision B shall apply.
D. Shift differentials are not applicable when the
scheduled work hours are compensated as overtime.
E. Shift differentials are not applicable when the
employee is working the above hours as part of a
"split shift." "Split shift" is defined as: a shift
of eight (8) or more hours in a single day,
separated by a break of at least three (3)
non-working hours during the shift. Such employees
shall be paid the applicable shift differential,
established in A or B above, only for the hours
actually worked on that shift.
F. If, during the term of this MOU, a higher shift
differential is provided by the City Council to any
bargaining unit of employees subordinate to
supervisors covered herein, employees covered herein
shall receive the higher rate.
G. For employees covered hereunder who hold permanent
positions at the Library, the following MOU language
shall apply in lieu of the shift differential
provisions listed above:
(1) 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., provided that such differential
shall be paid only for such hours worked
between 5:30 p.m. and 9:00 p.m.
(2) 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 time as a part
of the scheduled shift. Such differential shall
not be paid in addition to night shift
14
. .
differential or for overtime hours beyond the
scheduled shift.
2.05 Skill/Assignment Pay
The following provisions exist for added payment for
special skills or work assignments:
A. Reqistration bv State of California -- civil
Engineers receive an additional $50.00 per month
above their base rate if they receive official
registration by the State of California. Such
registration must be maintained by the employees and
supplemented by regular, at least annual, courses in
the engineering field of study or the bonus will be
stopped as of July 1 of the next fiscal year.
Courses must be taken on the employees' own time;
however, courses which will enable the employees to
meet this requirement are subject to Tuition
Reimbursement.
B. ICBO Certificates -- Building and Safety Operations
supervisors receive an additional $50.00 per month
if they receive an International Conference of
Building Officials Certificate as a combination
inspector. Employees receiving such certification
must maintain certification to continue to qualify
for the bonus. Further, this must be supplemented by
annual courses in the applicable area of study or
the bonus will be stopped as of July 1 of the next
fiscal year. Courses must be taken on the employees'
own time; however, courses which enable the
employees to meet this requirement are subject to
Tuition Reimbursement.
C. Any Supervising staff Assistant who is assigned to
the Police Records Bureau shall receive a bonus of
5% of base salary, paid on a monthly basis, for the
assignment. Said bonus shall cease if and when the
classification of supervising staff Assistant is
replaced by another classification within that same
assignment.
2.06 Call-Back Pay
A. Should the city call back any full-time employee
after his/her normal working hours to perform work,
the city shall pay the employee the appropriate
overtime compensation but not less than a minimum of
three (3) hours pay regardless of time actually
15
_ e
worked as a result of being called back to work to
perform services for the city.
B. Should an employee in the police Department receive
an authorized telephone call during his/her off-duty
hours for purposes of gaining information or doing
other work, said employee shall be entitled to
compensation at the minimum of one-half hour at the
appropriate overtime rate. Phone calls will be
compensated in quarter hour increments after the
minimum of 30 minutes has been met. Authorized
calls shall be defined as any calls made by or
authorized by the Watch Commander on duty at the
time of the call.
2.07 Pay Rate on Appointment/Supervisory Differential
A. During the life of this MOU, supervisors covered
herein shall maintain a differential in pay over
their subordinate employees. The differential for
all supervisors who hold positions in job
classifications represented by STA as of the end of
FY92-93, except Motor Coach supervisors, shall be
determined by setting the E-step salary for the
supervisory job classification at a level which
provides at least fifteen percent (15%) more than
the E-step salary of the job classification of their
highest paid subordinate. The differential for Motor
Coach supervisors shall be determined by setting the
E-step hourly rate at that level which, when the
seven percent (7%) PERS contribution is added,
provides at least a twenty percent (20%)
differential over the E-step hourly rate for Motor
Coach Operators; except that the affected supervisor
must have on file a current performance rating of
SATISFACTORY OR BETTER to qualify for the term of
this section. The differential for supervisors who
hold positions in job classifications not
represented by STA as of June 30, 1993 shall be
determined by setting the E-step salary for the
supervisory job classification at a level which
provides at least ten percent (10%) more than the
E-step salary of the job classification of their
highest paid subordinate.
B. A supervisory differential of 2.7% shall be paid to
employees covered herein who are assigned to
regularly supervise other employees in the same job
classification and who are not covered under the
terms of the section of this MOU covering pay for
16
. -
serving in a higher classification. Subsections A
and D shall not apply whenever an employee covered
herein is assigned to regularly supervise other
employees in the same job classification.
C. In the event that the rate of pay being received by
an employee being appointed on promotion to a
classification covered by this MOU is equal to or
greater than the entrance salary of the new
position, the employee's salary shall be increased
to that salary step for his/her new job
classification which provides a minimum five percent
(5%) salary increase, except as provided in D or E
below.
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, except as
provided in C or D below.
D. In any event, an employee being appointed to a
position classification covered by this MOU shall be
placed at the step in the pay range for the job
class which provides not less than five percent (5%)
more than the highest rate being paid to
subordinates.
E. In no event may an employee's pay rate exceed the
established E-step for the job classification.
2.08 Pay for serving in a Higher Job Classification
When, in the determination of the department head, 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 assignment is temporary due to the vacation,
sick leave or other temporary absence of the
employee in the higher classification, the employee
temporarily assigned shall be paid at the rate of
seventy five cents ($0.75) 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
17
----- --- --
. -
to the first day. The city shall not rotate
employees in and out of higher position
classification assignments in order to avoid paying
said compensation.
If the temporary assignment should last a minimum of
fourteen (14) consecutive work days, the employee
temporarily assigned shall receive the salary rate
for the vacant job classification at the lowest
salary step which provides a minimum five percent
(5%) salary increased, provided, however, in no
event shall the salary rate exceed the maximum
salary rate for the vacant classification 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. In
no event shall the employee who has been given the
temporary assignment receive less than seventy-five
cents ($0.75) per hour.
B. If the position to be filled is vacant and there is
no valid eligible list for the classification, the
Department Head 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 shall receive the salary rate
for the vacant classification at the lowest salary
step which provides an increase of at least five
percent (5%) over his/her current salary, provided,
however, in no event shall the salary rate exceed
the maximum salary rate for the vacant
classification being filled by the employee on a
temporary 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.
C. An employee specifically assigned to perform the
duties and responsibilities of a higher
classification may, after twenty working days,
choose to return to the original classification
provided that another qualified employee is
available to serve in the higher classification.
Nothing in this section shall require the city to make
temporary assignments of employees.
18
-- ----
e e
2.09 Bilingual Bonus
Qualified employees who meet the criteria set forth herein
shall receive a bilingual bonus of $50.00 per month. To
receive the bilingual bonus, the following criteria must
be met:
A. The employee must be assigned to speak or translate
a language other than English.
B. There is no limitation as to the number of employees
that can be assigned to speak or translate a
language other than English as long as the
employee(s) must regularly utilize such skill during
the course of his/her duties or upon request of
management.
C. An employee must be certified as qualified through
an examination administered by the Personnel
Department.
An employee who holds the position of Communication Center
Supervisor and who qualifies for bilingual bonus under
this section because of Spanish language skills shall
receive an additional $50.00 per month 1 for a total of
$100.00 per month.
2.10 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
classification equals or exceeds the Y-rate salary.
19
. e
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 $475.00 per month towards the cost of
medical insurance coverage for employees and
eligible dependents provided that employees covered
hereunder participate in the City-offered medical
insurance programs. The cost of medical insurance
coverage will be set at the beginning of the medical
plan year and will be a "composite" monthly
insurance premium derived by dividing the total
monthly premium for all medical plans offered by the
city, except the PERS PORAC medical plans or any
other PERS medical plans, by the total number of
employees enrolled in said medical plans as of the
beginning of the medical plan year. Any extra
payment required under such plans shall be paid by
the employee electing such coverage.
The City and STA 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 STA and the other City bargaining
units to determine the method by which said
20
. ~ -
payment will be made (e.g'l lump sum,
contribution to deferred compensation plan,
etc.) .
In the event the medical insurance premiums for the
Triple option Plan for 1995, and any subsequent
calendar year, should be less than the actual City
medical insurance premiums for 1993, the savings
will be handled in accordance with the same
procedure, outlined above, with the payment being
made to the employees by no later than March 1 of
the following calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to employees and their eligible dependents
provided that employees covered hereunder
participate in the city-offered dental insurance
programs.
C. Vision Insurance
The City agrees to provide vision care insurance, at
no cost, to employees covered hereunder. 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.
D. Retiree Health Insurance
Employees with 20 or more years of service with the
City and who retire from employment with the City
after July 1, 1987, shall receive the following: for
each 75 days of unused sick leave accrued in the
employee's sick leave bank at the date of
retirement, one year of health insurance shall be
furnished to the retiree, at the appropriate retiree
premium, provided that the employee participates in
one of the city's health plans for retirees.
Employees covered hereunder who are hired on or
after July 1, 1990 shall not be eligible to receive
this benefit. Current City employees who obtain
posi tions represented by STA on or after July 1,
1990 shall also not be eligible to receive this
benefit.
21
e e
3.02 Retirement
The city is a contract member of the Public Employee's
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 Employee'S Retirement System heretofore approved by
the city council. The city shall continue to pay on behalf
of each permanent employee covered herein one hundred
percent (100%) of the individual employee's share of the
required retirement contributions to PERS [seven percent
(7%) of the employee's "compensation" 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.
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 STA 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 reimbursement per
individual employee shall not exceed $1,000.00.
B. The course of study must be approved in advance by
authorized department officials and the Personnel
Director.
C. The course must be directed to qualifications for an
employment position represented in the city work
force or to enhancement of current jOb skills.
22
---- --
. e _
D. Reimbursement under this provision shall be made
only to employees who have completed the required
probationary period before completing the course for
which reimbursement is requested.
E. Courses taken under this article may not be taken on
City time.
F. 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.
G. Reimbursement shall be made upon successful
completion of the preauthorized course and upon
presentation of receipts and proof of satisfactory
course completion.
H. 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.
I. The procedure to be followed with regard to the
administration of the tuition reimbursement program
shall be established by the Personnel Department.
Prior to the implementation of any revisions to the
procedure, the Personnel Department will meet with
STA to review the changes.
3.04 Deferred compensation
Each employee covered herein will be offered participation
in the city's deferred compensation plan. The city agrees
to contribute to the plan, the amount the full-time
participating employee is contributing to the plan on his
or her behalf, but not to exceed $85.00 per month for any
participating employee. Part-time employees shall be
eligible to receive said deferred compensation plan
contribution on a pro-rata basis in proportion to the
percentage of the full-time forty (40) hour work week the
part-time employee is regularly scheduled to work.
3.05 Uniform Allowance
A. Each employee occupying a regular full-time position
or a permanent and continuing part-time position in
the employment position classifications covered
herein, if required to wear a uniform and such
uniform is not furnished by the city, shall receive
23
---- ------- -- -- - -- -- - ------
. -
a monthly uniform maintenance allowance of $40.00.
In addition to a continuation of the current monthly
uniform allowance described in the first paragraph
of Subsection A above, the city will provide one (1)
new uniform each fiscal year for the fOllowing STA
classifications in the police Department providing
said STA employee(s) is/are required to wear a
uniform: Jail Management Supervisor, Parking Checker
Supervisor and Supervising Animal control Officer.
B. If, during the term of this agreement, the uniform
allowance provided to any employees in a unit
composed of subordinates to supervisors herein
exceeds $40.00 per month, the employees covered
herein shall receive the higher amount.
C. The City agrees to furnish and maintain coveralls to
those employees that are required to do work that
may cause damage to their personal clothing.
D. supervisors not covered above will be furnished with
a distinctive work uniform as prescribed by the
City. The City will provide at least nine (9) sets
of such uniforms. Maintenance of these uniforms will
be in accordance with existing City contracts
concerning said uniforms.
3.06 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 years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20 ) tokens per month, will be provided to any
employee covered hereunder who submits, on the city
reimbursement form, a record of his/her trips (home to
worksite, or worksite to home) during the preceding month.
The Santa Monica Municipal Bus Line Route number and the
Bus number used for each trip must be entered on the
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.
24
------
. -
3.07 Sick Leave Buy Back
Employees covered herein shall have the annual option to
be paid for certain unused sick leave on the terms noted
below or to "bank" unused sick leave.
Payment at the employee's base salary for the fiscal year
during which the sick leave was earned but not used,
excluding any special assignment or bonus pay, shall be
made only to employees on the payroll as of June 30 of
that fiscal year. To qualify for payment an employee must
have a sick leave "bank" of 12 days. For the purposes of
this section, "bank" shall mean sick leave earned in prior
years and reported in the "Sick Leave Balance Brought
Forward from Prior Contract Year" column of the "Vacation,
Sick Leave and Compensatory Time" report issued by the
Finance Department at the beginning of the fiscal year
during which payable sick leave is earned.
Annual sick leave payoffs under this section for employees
with less than ten (10) years of service, shall be made
according to the following schedule:
Sick Leave Days Used 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 sick leave payoffs under this section for employees
with ten (10) or more years of service shall be made
according to the following schedule, providing there are
enough sick days accrued in the employee's sick leave bank
to cover the payoff described below:
sick Leave Days Used sick Leave Days Payable
In the Fiscal Year At Fiscal Year End
2 or less 12
3 11
4 10
5 9
6 8
7 7
8 6
25
, . -
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 (leave without pay) should be limited to
situations where no other appropriate paid leave is
available. The use of Code 40 in lieu of sick leave, or
the use of other paid time off not appropriately scheduled
in advance, will disqualify an employee from eligibility
for payment under this section for the year in which the
unauthorized leave occurs, and may subject the employee to
disciplinary action.
Sick leave for which payoff is received shall be
considered "used" in that it will not be added to the
"bank" (or if added to the "bank" prior to the payoff date
shall be removed from the "bank").
Sick leave payoffs under this 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 Term Life Insurance
Effective as of the first of the month following
ratification of this Agreement by both parties, the City
agrees to maintain at no cost to the employee a term life
insurance plan for permanent employees covered herein,
with individual coverage of one times the employee's
annual base salary. The amount of term life insurance
which an employee covered herein is entitled to receive
shall be determined July 1 of each fiscal year and remain
in effect until the next July 1.
3.09 Long Term Disability Insurance
The City agrees to maintain a long term disability
insurance plan for permanent employees covered herein at
no cost to the employee. The long term disability
insurance benefits will be equal to 60% of either the
employee's base salary or $6,667.00 per month, whichever
amount is less, reduced by the employee's income from
other sources.
26
- ----
- .
ARTICLE IV: LEAVES
4.01 Paid Holidays
Employees covered hereunder 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 Fallowing 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 City 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 by the
employee entering the day on the timecard for the last
paycheck of the fiscal year. A floating holiday which is
cashed out at the end of the fiscal year shall be paid in
an amount equal to eight (8) hours of the employee's
straight time base salary rate of pay. 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.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if it falls
on the second day off in lieu of the day listed. Whenever
any day listed herein as a paid holiday falls upon any day
off of an employee who does not have two (2) consecutive
days off, the following day shall be deemed the holiday
for such employee.
27
e .
Time worked on an authorized paid holiday, up to the
number of hours worked in a normal work day, shall be
compensated as straight time overtime at the hourly rate
equivalent to the monthly salary, in addition to the
holiday pay; except that if a supervisor has a subordinate
who recei ves a rate greater than straight time, the
supervisor shall receive the same multiple of hours worked
as his/her subordinate. Time worked on a holiday in excess
of the number of hours in an employee's normal work day
shall be compensated as overtime at time and one-half.
When an employee covered herein is required to work on a
holiday, the employee shall have the option, with the
approval of his/her supervisor, to "float" the holiday on
a day for a day basis if the holiday is taken off at a
later date. The employee must schedule an alternate day
off within ninety (90) calendar days, but no later than
June 30 of the fiscal year in which the assigned holiday
work occurred. In the event the employee elects to have
the day which has been floated paid rather than schedule
an alternate day off, the employee shall receive eight (8)
hours of holiday pay at the employee's straight-time rate
of pay.
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 (12) 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 unit) is
already scheduled to be closed to the public because of
the adoption of a compressed work schedule, employees who
work at said City facility will 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 I 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 fiscal year in
which it is granted to the employee or be forfeited.
4.02 Vacation Leave
Employees covered herein shall accrue vacation leave with
pay on the following basis:
A. Following completion of the first six calendar
months of continuous service, six (6) working days.
28
. . .
B. Thereafter, up to and including five completed years
of service, one (1) working day for each completed
calendar month of service.
C. Thereafter, up to and including ten 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 fifteen completed
years of service, one and one-half (1.5) working
days for each completed calendar month of service.
E. Upon completion of fifteen 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
maximum prescribed herein may be required to take
vacation leave in order to reduce the accumulation
balance. The scheduling of vacation shall be
according to department or division policies and
contingent on the service needs of the department.
If an employee is denied the time off required to
maintain a vacation balance below the maximum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensation.
G. Accrual of vacation leave shall not exceed forty
(40) days.
H. Except as provided herein, the administration or
application of vacation leave provisions and the
limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil service
provisions of the Santa Monica Municipal Code.
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:
sick 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
29
. e .
disease as evidenced by certification from an
accepted medical authority, medical or dental
appointments of the employee or the employee's
dependent children which could not be scheduled
during non-work hours, with proper advance
notification 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 position bears to the full-time
work week:
( 1) Following the completion of the first six
calendar months of continuous service, six (6)
working days.
(2) Thereafter, all sick leave accruals shall
accrue on the basis of one (1) working day for
each completed calendar month of service.
c. The foregoing benefits are cumulative subject to the
following restriction:
No more than one-hundred thirty (130) working days
may be applied against sick leave for any one
illness.
D. Any employee who is absent because of sickness or
other physical disability 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 year's time. Upon expiration of the leave, the
employee shall be reinstated to the position held before
the leave was granted. Such leave shall be granted only in
those cases where an employee's record of service and
qualifications make it desirable for the city to retain
the employee's services even at the cost of some
inconvenience to the City.
An individual reinstated following a leave of absence
without pay shall receive full seniority rights as if
fully employed during the leave only if said leave of
30
. e .
absence was of duration of 4 months or less and was for
the purpose of parental or pregnancy disability leave.
4.05 Military Leave
The City will observe the military leave requirements of
state and Federal law.
4.06 Workers' Compensation Leave
Employees covered herein hired by the City on or before
June 30, 1985, who receive disability payments under the
Workers' Compensation Act of California shall receive the
difference between the disability payments under the Act
and full salary during the first ninety (90) days of such
disability absence.
Employees covered herein hired by the City on or after
July 1, 1985, shall be entitled to only those Workers'
Compensation benefits specified under state law and shall
receive no salary from the city during a leave for
injuries covered by the Workers' Compensation Act.
4.07 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,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, 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.
4.08 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 compensation less all jury fees
received excluding mileage for the time required to be
spent in court provided that an individual employee will
be so paid for jury 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 in jury
service to accommodate important department work in
progress. Each employee receiving a notice to report for
jury service shall immediately notify his/her immediate
supervisor.
31
. .
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Employees covered herein may be required to provide proof
of jury service to receive jury duty pay.
4.09 Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
entitled to a leave of absence totaling four (4) months
immediately following the child's birth or adoption and
shall be returned to the same line-item position occupied
prior to the leave upon its expiration. Primary
responsibility may be established by providing
documentation that the employee's spouse is medically
incapacitated or when the spouse is gainfully employed
during hours the employee is normally scheduled to work
and no schedule change for the employee's spouse is
possible. Paid vacation leave, and sick leave if
applicable, as well as unpaid leave shall be counted
toward the four month total. Additional leave may be
requested under the provisions of Article 4.04 of this
MOU.
In the event of a conflict with state or Federal law, the
city will comply with the provisions of applicable state
or Federal law.
Pregnancy disability leave is not the same as parental
leave and shall be administered in accordance with state
and Federal law. When an employee returns to work
following maternity leave, said employee shall be
reinstated to her former position.
4.10 Supervisory Leave
As partial recognition of the supervisorial and sensitive
nature of the employee-employer relationship regarding
employees covered hereunder, the City hereby agrees to
grant forty (40) hours of paid supervisory leave time per
fiscal year. The forty (40) hours of paid supervisory
leave time shall be in addition to any other regular
benefits which are provided by this Agreement.
The forty (40) hours of supervisory leave time shall be
granted in four (4) equal increments of ten (10) hours,
effective at the beginning of each three-month quarter of
the fiscal year beginning with July 1. supervisory leave
time can be used in one (1) hour increments to supplement
32
. .
eight (8) hours of paid leave time for a regularly
scheduled work day comprised of more than eight (8) hours.
Unused supervisory leave time cannot be accrued from one
fiscal year to the next. At the end of the fiscal year,
the employee shall receive payment, at the employee's
straight-time rate of pay, for any unused supervisory
leave time.
4.11 Family Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rights Act
(CFRA) and the Federal Family and Medical Leave Act (FMLA)
for all employees covered herein. These statutes shall
supersede and be implemented in lieu of any contract
language or City pOlicy/practice which provides a lesser
benefit.
Before the issuance of any administrative regulations
pertaining to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obligation with
STA.
33
. . . .
ARTICLE V: WORKING CONDITIONS
5.01 Safety and Loss Prevention
The City shall make every reasonable effort to provide and
maintain a safe place of employment. The city shall
provide and maintain 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
condi tions to their supervisors. The use of safety devices
and protective equipment provided by the City 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 review by his/her Department Head and the
Personnel Director who shall consult with the City
Building Officer, Fire Marshal, County health officials,
or State health officials as appropriate. During the
period of review and/or investigation 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 duties, if possible.
If the task complained of is deemed safe by the
appropriate official, the employee shall then perform the
work as instructed.
The City shall continue to consult with a committee of
video display terminal users, at least one of whom shall
be an STA representative, regarding work environment and
other concerns of individuals who spend half or more of
their work week using VDT'S.
Both parties recognize the role that Supervisory officials
play in loss prevention and safety and agree that measures
of loss prevention and safety are one appropriate
indicator of performance of an employee subject to this
MOU.
5.02 Employee Parking
It is hereby agreed that the city will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management
District (AQMD) and the city'S own Transportation
Management Plan ordinance. If the use of positive
incentives does not result in the City meeting the
compliance requirements of either AQMD's Regulation XV or
34
. . .
the city's Transportation Management Plan Ordinance within
one year of the effective date of this agreement, it is
understood that the city can implement a charge for
employee parking in an effort to meet those requirements.
In addition, if it should become necessary to charge for
parking during the term of this agreement in order to
comply with any other local, state or federal requirements
regarding transportation management, the ci ty can
implement such charge. However, in no event shall the City
implement such a charge for parking without meeting and
conferring with STA should any employee(s) represented by
them be subject to such a charge.
5.03 Effect of Job Performance on Salary
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 higher than the minimum, and special increases
above the amount prescribed 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 will
be no increase in wages of any kind as a result of a NOT
ACCEPTABLE rating on the employee's prescribed periodic
performance rating. There will be no subsequent increases
in wages until the NOT ACCEPTABLE rating has been improved
to at least the SATISFACTORY level. If overall
performance is rated NOT ACCEPTABLE, the employee may be
dismissed from service, and if two consecutive performance
ratings are marked NOT ACCEPTABLE, employee shall be
dismissed by appointing authority for inefficiency (SMCC
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 appointing
authority. Such action shall remain in effect until the
overall rating has been improved to at least the
SATISFACTORY level.
5.04 Effect Of Reassignment/Recertification On Bonus/Skill
Pays
When a "bonus," "skill," or additional pay referenced in
various sections of this MOU is the result of assignment
to specif ied duties or hours, or of maintenance of a
registration, certificate or other credential, the loss of
the bonus, skill, or additional pay due to the end of the
assignment or failure to maintain the required
registration, certificate or credential shall not
35
. . .
constitute a demotion, pursuant to section 2.04.530 of the
Santa Monica Municipal Code.
5.05 supervisory Training
The city recognizes the importance of maintaining
supervisor awareness of policies, regulations, laws and
procedures which pertain to the duties and
responsibilities of employees covered herein. The City
will provide at least annual training to supervisors
covering such subjects as affirmative action, sexual
harassment, employment discrimination, discipline,
grievance handling, performance evaluation, labor laws and
practices, safety and loss prevention. Such training will
be supplemented by periodic bulletins and updates
regarding changes in applicable law, pOlicies, or
regulations.
Supervisors covered herein are encouraged to use training
and tuition reimbursement programs to seek additional
skill development in supervisory function and
responsibility.
A joint labor-management committee shall be established to
develop and implement supervisory training goals and
objectives, as well as programs, for the employees covered
hereunder. Said committee shall be comprised of not more
than three (3) representatives from STA and not more than
three (3) representatives from the City's Personnel
Department. This committee shall meet not less than one
time per quarter during the City's fiscal year, with the
meeting to be held during the first month of each quarter.
5.06 Work Schedules
In those cases where a permanent employee desires to
modify his/her work schedule to accommodate specific work
schedule needs of the employee (e.g. , dependent care
arrangements) that do not fall within the normal work
schedule established for the employee's position, the
employee shall submit a request for a work schedule
modification 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
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 fit within the regular work schedule
36
. .
established for his/her position, the city will make every
reasonable effort to place said employee in another like
posi tion where the employee's specific scheduling needs
can be accommodated. While nothing in this section
requires that the employee's modified work schedule be
granted or that the employee be transferred to a like
position to meet the employee's outside scheduling needs,
requests shall not be unreasonably denied.
If an employee's request for a modified work schedule is
denied and if the employee does not agree with the
decision that has been reached, the employee can grieve
such decision under Section 6.04 (Grievance and Complaint
Policy) of this Agreement. Failure to successfully
transfer an employee under this Section will not be
grievable.
5.07 Promotion
If, upon promotion, an employee represented herein fails
to satisfactorily complete his/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 exists. If no
vacancy exists, the employee will have any reappointment
rights to his/her former position as provided by Santa
Monica Municipal Code (section 2.04.450).
5.08 Probationary Period
Any appointment made from an eligible list shall be
subject to a probationary period of six (6) months.
However, upon the determination of the appointing
authority, said probationary period can be extended for up
to two (2) additional six (6) month periods. The
probationary period of an employee may be extended by the
appointing authority if:
A. A license, registration, or certification is
required before permanent status may be granted,
provided there is a reasonable expectation that the
license, registration, or certification will be
awarded during the extension.
B. The employee has had a number of supervisors during
the probationary period, none of whom can
realistically evaluate the probationary employee's
performance.
37
. . .
C. The employee, or the employee's immediate
supervisor, was on leave for a significant portion
of the probationary period.
D. The employee's probationary period involved work on
a specific project which has not yet been completed,
but which reasonably can be expected to be completed
during the extension period.
E. It is necessary to complete background reference
checks or similar investigations, including receipt
of fingerprint report from Department of Justice,
provided the employee is performing satisfactorily,
and the checks and investigations are expected to be
completed during the extension period.
F. The employee's performance needs improvement, but in
the opinion of the appointing authority, can be
expected to become satisfactory during the extended
probationary period.
G. The appointing authority identifies job-related
circumstances other than those listed above.
If an appointing authority determines that the extension
of an employee's probationary period is warranted, he/she
shall submit to the Director of Personnel, in writing, the
reason(s) for extending the employee's probationary period
within ten (10) calendar days prior to the expiration of
the probationary period. This same provision shall apply
to any six-month extension of the probationary period.
No appointee shall acquire permanent civil service status
until his/her probationary period has expired and unless
prior to the expiration of such period the appointing
authority of the appointee has recommended to the
Personnel Director, in writing, that the appointee be
given permanent civil service status. In the event the
appointing authority fails to make such recommendation
prior to the expiration of the probationary period, the
probationary appointee's employment by the city shall
terminate automatically upon the expiration of said
probationary period. This same provision shall apply to
any six-month extension of the probationary period.
If an employee covered herein passes a six-month
probationary period, said employee would normally not be
eligible for a salary step increase until the completion
of one full year of service in that position, with said
salary step increase being contingent upon satisfactory
service.
38
---- -----
. . .
ARTICLE VI: EMPLOYER/EMPLOYEE RELATlONS
6.01 Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance 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 form of the recognized employee
organization, the dues, credit union investments or
payments, health and hospitalization insurance premiums,
and life and accident insurance premiums. Further, the
city agrees to change deductions from the employee's pay
from a monthly to a twice-a-month basis (on the 1st and
2nd pay checks of the month) only if the out-of-pocket
cost to the employee for health insurance premiums exceeds
$25.00 per month.
Any or all of such payroll deductions are subject to
termination by the City Manager upon twenty-four (24)
hours notice for failure to comply with the provisions of
this MOU.
6.02 Reasonable Notice
A. It is mutually understood and agreed that a copy of
the City Councilor Personnel Board agenda for each
meeting mailed by U.S. Mail or interoffice mail, to
the authorized representative of STA shall
constitute reasonable written notice, and notice of
an opportunity to meet wi th such agency, on all
matters wi thin the scope of representation upon
which the City Councilor Personnel Board may act.
B. The City agrees to notify STA of any change in
status of its membership on a monthly basis. The
city further agrees to provide STA with at least 10
days' notice of any change in classification, except
that the STA president may waive any time limits.
6.03 Time Off for Association Business
Authorized STA representatives 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 hours per annum represent the
aggregate maximum use for all authorized representatives
of the Association per fiscal year, as opposed to forty
(40) hours per representative. Prior to using such time,
39
. .
authorized representatives must receive permission from
the Department Head, or his/her authorized designee, in
writing. For accounting purposes, all such time off shall
be reported to the Personnel Director by copy of the
authorization memo signed by the Department Head or
designee.
6.04 Grievance and Complaint Policy
A grievance is a complaint by one or more employees
concerning the application or interpretation of the MOU,
ordinances, resolutions, policies, practices or procedures
affecting the employee's wages, hours and/or working
conditions provided, however, that grievances regarding
disciplinary actions must be lodged by the employee being
disciplined and that appeals arising from suspensions,
demotions and removals shall be subject to the procedures
outlined in section 2.04.750 et seq. of the Santa Monica
Municipal Code, and that complaints regarding Performance
Evaluations shall be subject to the procedures contained
in section 2.04.480 of the Santa Monica Municipal Code.
The city agrees that employees shall be afforded all due
process rights provided in applicable law.
The STA agrees the rights of probationary employees are
limited to those provided under the Santa Monica Municipal
Code and city Charter.
Step 1. The aggrieved employee(s) shall meet with the
immediate supervisor regarding the grievance,
which must be stated in writing, specifically
citing the MOU provision, ordinance,
resolution, rule, policy, practice or procedure
that is the subject of the grievance and the
circumstances giving rise to the grievance
within thirty (30) days of the event giving
rise to the grievance.
Step 2. If the grievance is not resolved by the end of
the employee's third regularly scheduled day
following the day on which presentation of the
grievance to the immediate supervisor occurred,
the employee may, within five regularly
scheduled days thereafter appeal to the second
level supervisor, if any.
Step 3. If the grievance is not resolved by the end of
the employee's fifth regularly scheduled day
following presentation of the grievance to the
second level supervisor, if any, the employee
may, within five regularly scheduled days
40
. .
appeal to the Department Head. The Department
Head shall meet with the employee and the
employee's representative to attempt to resolve
the grievance.
step 4. If the grievance is not resolved by the end of
the employee's tenth regularly scheduled day
following presentation of the grievance to the
Department Head, the employee may, within five
days, appeal to the Personnel Director, who
will investigate the grievance and make
recommendations to the city Manager, whose
decision shall be final. The decision of the
city Manager shall be issued no later than the
end of the thirtieth day following presentation
of the grievance to the Personnel Director.
It is mutually understood and agreed that:
A. All time periods in this section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the STA within thirty
(30) days of the incident giving rise to the
grievance or within thirty (30) days of its effect
upon the employee in those instances where it is
shown that the employee could not reasonably have
known of the grievable action.
c. Employees shall have the right to be represented in
grievance matters in the following manner:
( 1) Employees shall have the right to represent
themselves individually in grievance matters.
(2) Employees may designate a member of the
Department or of STA to represent them in
grievance matters at steps One (1) and Two (2)
of the grievance process.
(3) Employees may designate a member of the
Department, an STA representative, or a legal
representative to represent them in steps Three
(3) and Four (4) of the procedure.
(4) For the purposes of this section, "daysll shall
mean regularly scheduled work days of the
employees in the affected department or
division.
41
~ e -
(5) Reasonable time off without loss of payor
benefits shall be given to a grievant or STA
grievance representative to investigate or
process grievances, and to witnesses in any
grievance hearing or meeting held during
working hours.
Before performing any grievance work, STA
representatives, the grievant or witness shall
obtain permission from the immediate supervisor and
shall report back to work when the grievance work is
completed. Neither the grievant nor representative
nor witness shall interrupt or leave work if the
supervisor determines that such interruption or
absence will unduly interfere with the work of the
employee. However, if the supervisor denies such
time off when requested, time off must be granted
within twenty-four (24) hours of such request.
D. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any way be
coerced, intimidated or discriminated against.
42
-----
. .
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed this 30th day of November
1994.
/<~:(~ L\ ilv' (; l L\\Ci( Jo?~.
~c" John Jalili
~/ Susan Annett
~K~ City Manager
Dav~d Carr "
. . ,~ 0'
(~. ,1)' ':AL~
Ca~'l' oison .
APPROVED AS TO FORM:
~~u~
M~rsha JO~ Moutrie
Clty Atto ey
43
. .
"Exhibit A"
For Job Classifications established as at the end of FY92-93,
employees covered hereunder shall be as follows:
Arborist
Assistant Administrative Services Officer
Assistant City Treasurer
Building and safety operations supervisor
cemetery Field Supervisor
civil Engineer
Communications Center supervisor
Crossing Guard Supervisor
Custodian Supervisor
Electrical Supervisor
Fleet Maintenance Supervisor
Fleet Maintenance Superintendent
Housing Assistance supervisor
Identification section supervisor
Jail Management supervisor
Liability Claims Supervisor
Librarian III
License, Permit and Parking Citation Supervisor
Mechanic Supervisor
Motor Coach Supervisor
Parking Checker Supervisor
Parking Meter supervisor
pier Maintenance Supervisor
Planning and Permit Supervisor
Police Records Management supervisor
property Evidence supervisor
Recreation Supervisor
Sanitation Supervisor
Senior Planner
Senior Traffic Engineer
Street Cleaning Supervisor
Supervising Fiscal Staff Assistant
supervising Staff Assistant
Traffic operations supervisor
Transfer station supervisor
Transportation Mechanic Supervisor
Warehouse supervisor
Waste Water supervisor
Water Production and Treatment Supervisor
Water Supervisor - Construction
Water Supervisor - Meters
44
~ . ~
For Job Classifications represented by STA after June 30, 1993,
employees covered hereunder shall be as follows:
Accounts Payable Supervisor
Beach and street Cleaning Supervisor
city Manager Office Administrator
community Center supervisor
communications Management supervisor
Council Office Administrator
Electrical and Public Facilities Superintendent
Event Facilities Operations Supervisor
Event Facilities Services Supervisor
General Ledger Supervisor
Parks Maintenance Supervisor
Parks Maintenance superintendent
Payroll supervisor
Recreation Program coordinator
Senior Animal Control Officer
Street Maintenance Superintendent
Systems Development Supervisor
Technical Services Supervisor
Trades Supervisor
utilities Billing Supervisor
45