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SR-603-005 (2) ... . ~t?J3-005 . CfA-. 1- ?-f j CalIfornIa ~ PE:SEM:p CouncIl MeetIng: Santa MonIca, July 9, 1985 TO: Mayor and CIty CouncIl FROM: c1ty Staff SUBJECT: ResolutIon AuthorIzIng The Cl ty Manager To Execute A Memorandum Of UnderstandIng WIth The Soc1ety Of PublIC Attorneys Of Santa MonIca INTRODUCTION ThIS report requests that CouncIl adopt the attached Resolut1on authorIzIng the CIty Manager to execute a memorandum of understanding (~OU) wIth the SocIety of PublIC Attorneys of Santa Monica (SPASM). BACKGROUND The last four year agreement wIth SPASM exp1red on June 30, 1985. NegotIatIons commenced 1n June and have resulted In the attached agreement that was ratIf1ed by SPASM July 9, 1985. The agreement, WhICh wIll be effect1 ve through June 30, 1987, restores standard fl ve-step salary ranges for Deputy Attorneys, creatIng three separate Deputy Attorney classlflcat1ons, Deputy Attorney I, I I and I I 1. No across-the-board 1ncrease was prov I ded for July, 1985. Instead, Incumbent deput1es move Into the new salary ranges (WhICh were based on market comparisons WIth other publIC agencies) WIth indIvidual Increases rangIng from .1% to 19%. Normal advancement through each salary range WIll be one step per year contIngent on satIsfactory performance, WIth early advancement pOSSIble based on exceptIonal performance. - 1 - ProgressIon . from one claSSIfIcatIon to t' next WIll be by .. promotIon, based on the ava Ilablll ty of budgeted pos 1 t ions and the CIty Attorney's assessment of an IndIvIdual's qualIfIcatIons. In July, 1986, the E-step salarIes of each range wIll be adJusted based on the Consumer PrIce Index wIth a mInImum Increase of 5% and a maXImum Increase of 9%. Other sIgnIfIcant features of the agreement provIde for "capping" accrual of camp tIme wIth partIal payoff of eXI stl ng banks of comp time, State mandated worker's camp benefIts for newly hired deputy attorneys, a bI-lIngual bonus, an annual sIck leave buy-out, CIty payment of the remaInIng half of the employee's contributIon to PERS and reimbursement for semInars and conferences for professIonal development. BUDGET/FINANCIAL IMPACT The total compensatIon Increase over the term of the two-year MOD WIll be 14.26%. The fIrst year cost of SlIghtly over 7% has been prOVIded for In the FIscal Year 1985-86 budget. RECOMMENDATIONS It IS recommended that CouncIl adopt the attached ResolutIon author 1 zIng the CI ty Manager to execute the attached MOD WI th SPASM. Prepared By: Susan E. McCarthy DIrector of Personnel - 2 - . . MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND SOCIETY OF PUBLIC ATTORNEYS OF SANTA MONICA (SPASM) July 1, 1985 - JUNE 30, 1987 - 1 - L 2. 3. 4. 5. 6. 7. 8. 9. 10. lL 12. 13. 14. 15. 16. 17. 18. 19. 20. 2L 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 4L 42. 43. 44. . . TABLE OF CONTENTS Parties Term of city Full PAGE . . . . . . . . . . . . 3 . '" . . . . . . . . . . 3 . . . . . . . . . . 3 .......3 .4 .4 .4 to Memorandum. . Agreement. . Council............ Understanding, Modification . . . . ,. . . . . . . . . II . .. . . . . . . . and Waiver.. Purpose. . . . . '" 4' . . . . . . . . . . . . . .. . . . . . . . . . . Recognized Employee Association Name....... Payroll Deductions...... Scope of Representation. Management Rights Reserved....... Validity of Memorandum of Understanding.. Captions For convenience. Reasonable Notice........ . . . . . . ~ . . . . . '" . . . '" . . . . . . . . . . . . . . . . 4 .5 .5 ....6 ....6 .....6 .....6 . . . . . . . . . . . . . . . . . . . . . 7 . '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . ...... ....... . . . ...... . . . . . ...... Safety. . . . . . . . . . . . . . . . . . . . Non-Discrimination and Equal Employment.. Definitions.............. Termination. . Remedy....... Evaluations And Effect of Job Payments At Overpayment Performance on Salary...................... Grievance and Complaint Policy. Paid Holidays.. Vacation Leave. Sick Leave..... Bereavement Leave..... Leave of Absence Without Pay.. Jury Duty......................... Military Worker's Compensation Leave............ Professional Leave. Parental Leave......... Time Off For Association Business.. Retirement. . . . . . . . . . . . . . . . Compensation..... Performance . . . . . . .10 . . . . II . . . . . 11 . . . . . 12 . . . . . . . . . ,. . . . . . . . 13 . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . 15 .....16 . . . ... . . . . . . . . . . . . .16 ..................... .17 .........17 .17 . . . . . . 18 . . . . 18 .18 .19 . . . .19 . . . .19 ...19 . . . .19 ........19 .. .21 .........21 . . . . . . . . . . . . . . ... . .22 . . . . . . .22 ...22 .... . . . '" . . . . . ... II- .. .... . . . . . . . . . . . . . . . . . ........ . . . . . . . . . ... . . . . . . . Leave. . . . . . . . , . . . . . . ........ Deferred Bar Professional Development.. Medical and Dental Insurance... Long Term Disability Insurance. Mileage Reimbursement....... Employee Parking...... Salaries.............. ...... Dues. . . . . . . . . . . . .. . . . . . Effective Date of Bilingual Bonus.. Overtime. . . y-Rating....... Call-Back Pay. Pay Increase. . . . . . . . . . . . ...... . . ......... . . . . . . . . . . . . . 2 . . 1. Parties To Memorandum This memorandum of understanding has been prepared pursuant to the terms of Ordinance No. 801 (ees) of the city of Santa Monica, which ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the City Manager and by the society of Public Attorneys of Santa Monica (SPASM) on behalf of city Attorney employees occupying the line-item employment attorney position classifications, excepting the city Attorney and Assistant City Attorney. 2. Term of Agreement This Agreement shall be effective as of the 1st day of July 1985 and shall remain in full force and effect until June 30, 1987. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing not later than March 1, 1987 and March 1 of each subsequent year that it desires to terminate or modify this agreement, and specifically indicate requested modifications. In the event that such notice is given, negotiations shall begin no later than April 15 with a signed contract desired by July 1st. 3. City Council Approval It is however, the mutual understanding of all the parties hereto that such memorandum of understanding is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the city council of the City of Santa Monica. 4. Full Understanding, Modification and Waiver The parties agree that each has had full 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. Parties are not bound by any past practicies or understandings of either party unless such past practice or understanding are specifically stated in this MOU except that provisions or conditions not specifically changed in this or previous MOU r s shall be as prescribed by the civil service provisions of the Santa Monica Municipal Code. - 3 - . . 5. 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 as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SPASM. 6. Recognized Employee Association Name The Society of Public Attorneys of Santa Monica (SPASM)is hereby acknowledged as the Recognized Employee Organization representing only the regular attorney employment position classifications, excepting the city Attorney and the Assistant City Attorney, pursuant to section 3.04 (c) of Ordinance No. 801 (CCS). It is the mutual understanding of the parties hereto that acknowledgement of SPASM: 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 mangement officials to meet and consult with employees in such employment position classifications concerning their employment relations with the City. 7. Payroll Deductions It is mutually understood and agreed that the City, subject to the provisions of Ordinance No. 801 (CCS) and during the term of this MOU shall deduct and remit to the office or officer designated in the employee payroll deduction authorization recognized employee organization dues, credit union investments or payments, health and hospitalization insurance premiums, and life and accident insurance programs. 8. 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 - 4 - . . limited to) wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order and shall be exercised or performed in compliance with the provisions of Ordinance No. 801 (CCS). 9. Management Rights Reserved The city Attorney 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 performed, utilization of technology, and budgetary matters: to be overall D. Determine personnel conducted: the appropriate job classifications and by which government operations are to be E. Determine the government: overall mission of the unit of F. Maintain and improve the efficiency and effectiveness of government operations: G. Take any necessary actions to carry out the mission of the agency in situations of emergency. 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. - 5 - . . Should any change be made in any Federal or State law, or in any rules and regulations implementing such legislation, or in any city Charter provisions or civil Service Rule and Regulation 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 supercede this MOU and applicable clauses shall be substituted for those ruled inval id or illegal. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. 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. 12. Reasonable Notice A copy (via the united states Postal Service) of the City Council and/or Personnel Board agenda for each meeting mailed to the authorized representative of the recognized employee organization shall constitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. 13. Safety The City shall provide a reasonably safe and healthy working environment in accordance with applicable state and Federal laws and regulations. The employee organization agrees that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. It is mutually agreed that a representative of the recognized employee organization may attend meetings of the Administrative Safety Committee when, in the opinion of such representative, a safety hazard exists which should be considered by the Safety Committee. 14. Non-Discrimination and Equal Employment It is agreed by the parties to this MOU that they will fully comply with all applicable local, State and Federal laws, rules - 6 - . . and regulations prohibiting discrimination and governing equal employment opportunity. The Affirmative Action Program and the Sexual Harassment Policy of the City of Santa Monica are affirmed by both parties to this MOU and incorporated by reference herein. Every City employee is expected to respect the dignity of every other city employee and to refrain from any actions, including the use of slurs or jokes regarding sex, age, race, national origin, religion, disability, or sexual preference/orientation which could by construed as harassment. Harassment of fellow employees is a violation of City policy. No employment decision shall be based on an employee I oS submission to or rej ection of such conduct. 15. 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) monthly pay scale (and the hourly or bi-weekly equivalent) assigned to each employment position classification within the City workforce. B. "Salary Range steps A Through E" 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 one step increment annually contingent on satisfactory service as evaluated on the employee's anniversary date. 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. "Nearest Dollar" shall mean the next lower dollar in a monthly rate when the computed amount is 50 cents or less and the next higher dollar when the computed amount is 51 cents or more. D. "Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry into a line-item - 7 - . . position covered by this Memorandum of Understanding either by original employment, re-employment or promotion. The date of entrance for employees with broken service shall be considered as that date on which the last unbroken service in the classification was effective. E. "Satisfactory Service" shall mean the attainment of an Overall Performance Rating of not less than "Satisfactory" on the performance report associated with the employee's most recent date of entrance anniversary. F. "Pay" shall mean compensation for regular hours worked, sick leave, bereavement leave, vacation, holidays, and/or jury duty. G. "In Pay Status" shall mean earning pay. H. "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. I. "Line-Item position" shall mean a position which is (1) specifically itemized in the personnel schedule of the annual budget of the city of Santa Monica and (2) eligible to accumulate vacation, sick leave, and other time off in proportion to the percentage of the full-time forty (40) hour work week. Other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. J. "Permanent Employee" shall mean (1) a person who is legally an incumbent of a line-item position, full or part-time: or (2) a former legal incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held pending the employee's return. The term "permanent employeelt shall not be construed to imply a guarantee of continued employment and employees covered herein are not subject to the civil service provisions of the Municipal Code and City Charter. - 8 - . . K. "Full-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 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 herein 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. 16. Payments at Termination When permanent employees covered hereunder leave the service of the City of Santa Monica they shall be entitled to lump-sum payoff of vacation leave and unused Professional Leave days only. No claim shall be made against the City for the use or payment of compensatory time or unused sick leave, nor shall the effective date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. l7. 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, execept 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. - 9 - . . 18. Performance Evaluations And Effect Of Job Performance On Salary The city Attorney or his/her designee shall evaluate in writing the performance of employees covered hereunder on the following schedule: A. Once at the conclusion of the first six months of employment. B. At the conclusion of the first year of employment. c. Annually thereafter on or about the employee's date of entrance anniversary. If the ci ty Attorney or his/her designee fails to conduct a performance evaluation on or before its due date, the employee shall advise the City Attorney in writing that the evaluation is past due. The City Attorney or his/her designee shall complete the evaluation within fifteen (15) days of said written notice and any step increases tied to the evaluation shall be retroactive to the pay period in which the evaluation was originally due. In exceptional cases, based upon an Overall rating of OUTSTANDING, the City Attorney may authorize a step increase prior to the employee aChieveing the length of service normally associated with the salary step. In no event shall the rate exceed the maximum (E-step) rate for the employee's class. Notwithstanding any provision contained herein, there will be no increase in wages of any kind as a result of a NOT ACCEPTABLE rating on the employee's prescribed periodic performance rating. There will be no subsequent increases in wages until the NOT ACCEPTABLE rating has been improved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE an employee may be dismissed from service, and if two consecutive performance ratings are marked NOT ACCEPTABLE, the employee shall be dismissed by the appointing authority. An overall rating in the BELOl'1 SATISFACTORY category may delay the next scheduled salary increase at the discretion of the appointing authority. such action shall remain in effect until the rating has been improved to at least a SATISFACTORY level. An employee who receives an evaluation of BELOW SATISFACTORY or NOT ACCEPTABLE shall receive a follow-up evaluation in three months to assess progress in correcting performance problems. - 10 - . . An employee who receives an evaluation of BELOW SATISFACTORY or NOT ACCEPTABLE may request review of the rating by a panel consisting of the Assistant City Attorney, Chief Deputy Attorney of the employee's division and a third Deputy Attorney of the employee's choice who shall review the rating and make recommendations to the city Attorney in writing. The City Attorney shall consider the recommendations of the panel and respond with his/her final decision including reasons, in writing. 19. Grievance and Complaint Policy In the event any grievances, disputes or disagreements arise concerning matters within the scope of representation of the recognized employee organization, such grievances, disputes or disagreements shall be resolved as follows: A. Grievances, disputes or disagreements concerning the interpretation or application of the term of this MOU shall be resolved, if possible, by meeting and conferring in good faith. If unresolved by such meetings within five (5) working days the parties shall consider submitting such issues to mediation as provided by Ordinance No. 801 (CCS). If either party cannot agree to mediation within five (5) working days, the parties shall then select a grievance board made up of one representative of SPASM, one representative from management, and a third who shall be a member of the state Conciliation service who shall also act as chairperson. The decision of the board shall be binding subject to approval of the City Council. 20. Paid Holidays Employees occupying the position covered herein shall receive paid holidays as follows: New Year's Day Martin Luther Kings Birthday Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Thanksgiving Day January 1 Third Monday in January February 12 Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November The Friday following Thanksgiving The half day immediately before Christmas Day - 11 - . . Christmas Day December 25 The half day immediately before New Year's Day One (1) floating holiday All other holidays declared by City Council 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 preceeding 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. In lieu of time off for such holidays, employees scheduled to work on holidays due to required court appearances shall receive straight time pay for those hours actually worked based upon the hourly rate equivalent of the monthly effective salary computed to the nearest one-tenth of an hour in addition to holiday payor straight time compensatory time subj ect to the provisions of Section 42 Overtime. 21. Vacation Leave Each employee occupying a regularly authorized full-time or a permanent and continuing part-time position employment classification covered herein shall accrue leave with pay on the following basis: A. Following completion of the first six calendar months of continuous service, six (6) working days. position in any vacation B. Thereafter, up to and including three completed years of service, one (1) 'Working day for each completed calendar month of service. C. Thereafter, up to and including seven completed years of service ,one and one-quarter (1 1/4) working days for each completed calendar month of service. D. Upon completion of seven years of service and thereafter, one and one-half (1 1/2) working days for each completed calendar month of service. E. Accrual of vacation leave hereunder shall not exceed forty (40) days. - 12 - . . 22. sick Leave Sick leave shall be defined as in section 21041 of the santa Monica Municipal Code, hereby incorporated as if set forth in full herein, except that: A. Accrual of sick leave shall be as follows; (1) Following the completion of the first six calendar months of continuous service, six (6) working days. (2) Thereafter, one (l) working day for each completed calendar month of service. B. Accrual of sick leave shall be limited to one hundred and thirty (130) working days, except that no employee who has currently accrued a "bank" of sick leave in excess of one hundred and thirty (130) working days shall be subject to this limit. c. 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 disease as evidenced by certification from an accepted medical authori ty or medical or dental appointments of the employee which could not be scheduled during non-work hours with proper advance notice to the department head. D. Current employees shall make a selection of option as described below no later than July 12, 1985; future hires shall make their selection at the time they first become eligible to select payoff. (l) Employees covered herein have two optional sick leave programs to choose from. Because the choice is one-time and irrevocable employees should carefully consider their long and short term needs in arriving at a choice. The two programs are as follows: (a) Program I the employee has the annual option to be paid for certain unused sick leave on the terms noted below or to "bank" unused sick leave to a maximum accumulation of one hundred and thirty (130) days. - 13 - . . 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 Timen 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 (Ie) years of service, shall be made according to the following schedule: sick Leave Days Used In The Fiscal Year sick Leave Days Payable At Fiscal Year End o 1 2 3 4 5 6 or more 6 5 4 3 2 1 o Annual sick leave payoffs under this Section for employees with ten (10) or more years of service shall be made according to the following schedule: Sick Leave Days Used In The Fiscal Year sick Leave Days Payable At Fiscal Year End o 1 2 3 4 5 6 7 8 9 10 12 11 10 9 8 7 6 5 4 3 2 - 14 - . . 11 12 or more 1 o It is mutually acknowledged by the parties that the use of Code 40 or other time off not appropriately scheduled in advance will disqualify an employee from eligibility for payment under this section. sick leave for which payoff is received shall be considered "used" in that it will not be added to the "bank" (or if added to the "bank" prior to the payoff date shall be removed from the "bank"). The first such payment shall occur in July 1985, for sick leave earned but not used during Fiscal Year 1984-85. (b) Program II - The employee has no option for pay for unused sick leave and nbanks" unused sick leave with no limit or maximum accumulation. 23. Bereavement Leave Bereavement leave not exceeding five (5) working days shall be granted to employees covered herein due to death of a member of the employee t s immediate family. Immediate family shall mean spouse, child, brother, sister, parent, parent-in-law, grandparent, step-parent, step-brother, step-sister or any other relative living in the same household. 24. Leave of Absence Without Pay An employee may be granted a leave of absence without pay upon application approved by the City Attorney and the City Manager. Such leave may not exceed one year I 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 of retain his or her services even at the cost of some inconvenience to the city. 25. Jury Duty Any line item employee 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 - 15 - . . excluding mileage for the time required to be spent under the jurisdiction of the court. Each employee receiving a notice to report for jury service shall immediately notify his/her immediate supervisor. When daily jury duty scheduling permits, employees shall return to their regular job assignments to complete their regular work hours. 26. Military Leave An employee with a permanent civil service status, who in time of war or national emergency as proclaimed by the President of the united states or the Congress of the united states, or while any national conscription act is in effect, is inducted into the armed forces of the united states or who leaves employment with the City to enter voluntarily the armed forces and within a reasonable time after leaving his/her employment with the City does enter such service, shall be granted a leave of absence without pay for the duration of the period of active service with such armed forces. If such employee receives an honorable discharge or its equivalent and the position still exists and the employee otherwise is qualified to fill the same, the employee shall have a right to return to the position with the City within six months after the termination of such active service but shall not have a right to so return later than six months after the end of the war or after the time the President or Congress proclaim the national emergency is terminated, or after the expiration of the national conscription act. Such an employee shall receive seniority and other credits on the same basis as though the employee had remained in the City service and had not taken such military leave. Leaves of absence with pay for temporary military duty shall be granted in accordance with applicable state laws. 27. Worker's Compensation Leave Employees covered herein hired prior to July 1, 1985 who are receiving disability payments under the Worker's Compensation Act of California for on-the-job injuries sustained in the performance of the duties of the employee's position shall receive from the City during the first sixty days of such disability absence, payments in an amount equal to the difference between the disability payments received under the Worker's Compensation Act and the employee's full salary. Such payments by the City shall be made without any deduction from accrued sick leave benefits. The City's obligation to make such payments - 16 - . . shall not commence until the third day of such disability absence. Employees covered herein hired on or after July 1, 1985 shall be entitled to only those Worker's Compensation benefits specified under state law, and shall receive no salary from the City during leave covered by the Worker's Compensation Act. 28. Professional Leave As partial recognition of the sensitive and demanding nature of the employee-employer relationship as regards employees covered hereunder, the City hereby agrees to grant to each employee covered hereunder five (5) professional days off with pay to all such employes with less than fifteen (15) years of service. An additional professional day (total of six (6) days) shall be granted to all covered employees with fifteen (15) or more years of service. Professional days shall be earned in increments with three (3) days available July 1 of each fiscal year and two (2) additional days available January 1 of each fiscal year. Employees with six (6) days, shall earn the extra day as of January 1 of the fiscal year. Unused professional leave days may be paid to the employee if he/she records them on the final timecard of each fiscal year or in such other pay period required by the Payroll Division of the Finance Department. 29. 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 totalling four 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. 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 Section 24 of this MOO. 30. Time Off For Association Business Authorized Association representatives shall be allowed to utilize a total of forty (40) hours of time off with pay during each calendar year to conduct necessary Association business. These 40 hours per annum represent the aggregate maximum use for all authorized representatives of the Association per annum. - 17 - . . 31. Retirement The City is a contract member of the Public Employee's Retirement System, and it is understood and agreed such membership will be maintained and that employee eligibili ty, classification, contributions, and benefits are as prescribed in the contract between the City and the Public Employee's Retirement System heretofore approved by the Santa Monica City Council. The city shall pay on behalf of each employee covered by this Agreement an amount equal to one hundred percent (100%) of the individual employee's share of the required retirement contributions to PERS (i.e., 7.0% of the employee's "compensation" as defined by law). These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordinary income and thus, will not withhold Federal or state income tax therefrom. The city's practice will be to report these payments as being those of the employees so that they will be credited to the particular employee's individual account with PERS and upon termination wil 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. 32. Deferred Compensation It is hereby agreed that employees covered herein will be offered participation in the City's deferred compensation plan. 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 amount exceed twenty-five dollars ($25.00) per month per participating employee. 33. Bar Dues The city shall pay required to practice shall also pay for attorney's option. each attorney I s California state Bar dues law in the state of California. The City one local bar association dues at each - 18 - . . 34. Professional Development Employees covered herein may receive reimbursement for registration at legal seminars and training sessions to a maximum of $150.00 per year, exclusive of travel, parking or accomodations, provided that the seminar or training program is reasonably related to the practice of municipal law as determined by the city Attorney. Training tapes and/or books or pamphlets may be acquired under the terms of this section provided that such materials remain the property of the city. - 35. Medical and Dental Insurance The city agrees to furnish medical and dental insurance coverage for employees covered herein and their eligible dependents, to a maximum of $214.00 a month for medical insurance and at no cost to the employee for dental insurance. SPASM approves the city's change of carrier for fee-for-service medical and dental insurance. 36. Long Term Disability Insurance Employees covered herein will be offered participation in a long term disability plan provided at city expense. 37. Mileage Reimbursement Reimbursement to employees for authorized use of personal automobiles on city business shall be at the rate established by the city Council. 38. Employee Parking The city will make every effort to maintain free parking as it presently exists for City employees at City facilities. 39. Salaries Salaries of employees covered herein 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 Attorney 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 - 19 - . . equivalent shall be determined by dividing the bi-weekly rate by eighty (80). A. Effective July 1, 1985, the salary ranges for employees covered herein shall be as follows: A B c D E Deputy Attorney I 2754 2890 3060 3230 3400 Deputy Attorney II 3705 3888 4117 4345 4574 Deputy Attorney III 4860 5101 5401 5701 6001 Incumbent Deputy Attorneys as of July 1, 1985 shall be placed in the salary ranges as follows: Schachtner Strobel Correio Lacey Zepeda Faithfull Kanoff Saunders Holtzman O'Donnell Denitz Horne Moxon Cacciatore Lieberman Sherman Yurkonis Tachiki Boss Moutrie Manheim Binstock 2754 2754 2754 2754 2890 2890 3060 3060 3230 3230 3400 3400 3400 3705 3705 3705 3705 3888 411.7 4117 4345 5101 New hires after July 1, 1985 shall be assigned to the classification and salary rate most appropriate for their education and experience and for the nature of the work to be performed as evaluated by the City Attorney. B. Effective July 1, 1986 the E-step salaries noted above shall be increased by the percentage increase in the revised Consumer Price Index for Urban Wage Earners and Clerical Workers 1967 = 100 for the Los Angeles/Long Beach Standard Metropolitan statistical Area published by the Department of Labor Bureau of - 20 - ~ . . Labor Statistics as measured from April ~985 to April 1986. Such increase shall, however, be not less than 5% and not more than 9%. c. Advancement from Deputy Attorney I to Deputy Attorney II and Deputy Attorney II to Deputy Attorney III shall be considered a promotion rather than a step increase. An employee who has reached the tiE" step of Deputy Attorney I must apply for and receive a promotion by July 1 of the fiscal year following the fiscal year in which he/she has served two years at the "Ell step Deputy Attorney I or his/her employment will be terminated effective July 1. An employee's qualification for promotion shall be determined by the City Attorney. D. An employee assigned as Chief Deputy of a division shall receive a supervisor's bonus of $1,500.00 per year, which does not become part of the employee's base pay. 40. 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 pay period. 41. Bilingual Bonus Qualified employees who meet the criteria set forth herein shall receive a bilingual skill pay of $50.00 per month. To receive bilingual pay the following criteria must be met: 1. The employee must be assigned to speak or translate a language in addition to English. This may include specialized communication skills such as sign language. 2. An employee must regularly utilize such skills during the course of their duties or upon request of City management. 3. To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. An employee who has not been certified and qualified and is not receiving bilingual skill pay will not be required to utilize this skill except in an emergency situation. - 21 - .. . . If, during the term of this agreement, a higher bilingual pay is provided by the city Council to any other bargaining unit, employees covered herein shall receive the higher rate. 42. Overtime Employees covered herein are exempt employees under the professional employee exemption of the Fair Labor Standards Act as it may be applicable to public agency employees. While no compensation is required for such exempt employees for hours worked in excess of the regular work-week, the City agrees that an employee who works such hours with the prior approval of an authorized management official may accrue compensatory time on an hour for hour basis to a maximum of 80 hours at any time. Compensatory time on the books which is not taken prior to the end of a fiscal year shall be forfeit with no compensation unless, in exceptional circumstances, the City Attorney authorizes compensatory time accrued in June to be carried over for use prior to September 30 of the subsequent fiscal year. Employees with compensatory time on the books in excess of eighty (80) hours at the time of execution of this MOU shall be paid at their June 1, 1985 base salary rate for no more than eighty (80) such hours. The bank of an employee who has time on the books after payoff of the eighty (80) hours shall be reduced to a maximum of forty (40) hours which shall count against the fiscal year 1985-86 eighty (80) hour "cap" as described above. 43. Y-Rating When a personnel action, e.g.: demotion due to layoff or reclassification, results in the lowering of the incumbent employee's salary range, the incumbent employee's salary may be Y-Rated. nY-Ratedn shall mean the maintenance of the incumbent employeels 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 employeers salary shall remain at such level until the salary range of the new classification equals or exceeds the Y-Rate salary. 44. Call-Back pay Should the city call back any full-time employee before or after hiS/her normal working hours to perform work, the city shall credit the employee not less than a minimum of two (2) hours of time, regardless of time actually worked as a result of being called back to work to perform services for the city. - 22 - ... . . IN WITNESS WHEREOF, the parties hereto have Memorandum of Understanding to be executed this June, 1985. SOCIETY OF PUBLIC ATTORNEYS ~ ~andra Faithf~ SPASM Representative caused this day of CITY OF SANTA MONICA John Jalili City Manager rreio Representative APPROVED AS TO FOID1: ~,--.L ~ Robert M. Myers ~ city Attorney - 23 - VOTE: Affirmative: ~ Negative: ~ Abstain: g Absent: CU..-'7t-t::4 ~ ..:i) PROOF vOtE~ WI TH ANOTHER PERSON BEFORE ANYTHING ~ D151Ri~ulI0N; 0RIGINA~ LU De 5igneci, 5eaied and '"' o "'l :0 "- ~ "'-I "- :J'l Q) > '1"4 Q) U Q) ~ ~ o 0:: >- ~ l:: '"' o ~ ~ <(; ~ to .r:: ..... >t:I Q) ..... II) Q) ::5 0- Q) '"' Q) U .r-! I.i-l I.H o I/) - >- ~ ~ l-< o ..... ..... < >- ~ ..-1 U '+-1 o t13 ..... $.1 CI) .0 o ~ - -.. .t' ~- ..:.- ~ "'J~..~ > .,,1' _~_ _ ~ _ ___ ~:I .--..... .- BEFORE DISTRIBUTION CHECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION 1# .M vi' Council Meeting Date j7;J1~;vs---- c?- ,4- ~ b-- 0 Agenda Item 1# Was it amended? . FOR CITY C~ERK'S ACTION ORDINANCE If Introduced: Adopted: All'lAYS PUBLISH AOOf"l'l:ill ORD~* *Cross out Attorney I S approval NEWSPAPER PUBLICATION-(Date: filed in Vault. ) ) Department origlnating staff report ( Management Serv.~se?, Lynne Ba~rette-0rdinances only , -- Agency mentioned In document or staff report ..r- -<=- (certified?) Subject file (agenda packet) 1 Counter file 1 SEND FOU~'COPIES OF- ALL GRDIN~~CES' TO: CODpD SYSTEMS, Attn Peter Maciearie 120 Maln<;tr~et <J _.AvOTt, N<<1w Jersey_OZ717. SEND F0UR COPIES OF ALL 0RDTNANrRS ...xO: PRESIDING JUDGE SANTA MONICA MUNICIPAL COURT (.725 MAIN STREET SANTA MON!CA, CA 90401 , -, - *Check COde Sections before sending. -3 TOTAL COPIES I __ / - - . . ---- - -- ,. . . ~ RESOLUTION NO. 7048(CCS) (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 SOCIETY OF PUBLIC ATTORNEYS OF SANTA MONICA WHEREAS, the City admInIstration and representatives of the SocIety of PublIC Attorneys of Santa MonIca have met and conferred under the terms of OrdInance No. 801 (cCS) and have reached agreement on wages 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 e~ployees 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 I determInatIon; and WHEREAS, the purpose of thIS memorandum of understandIng IS to promote and provide harmonIOUS relatIons, cooperatIon and understandIng betwen the CIty and the SOCIety of PublIC Attorneys of Santa MonIca; Nm~, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section l: hereby approve The CI ty CounCIl of the Ci ty of Santa Monlca does and authorIze the CIty Manager to execute the " . . .. " Memorandum of Understandlog executed by the Soclety of PubllC Attorneys of Santa Moolca, a copy of WhlCh is attached hereto. Section 2: The C1ty Clerk shall certlfy to the adoptlon of thls Resolution and thenceforth and thereafter the same shall be 10 full force and effect. . APPROVED AS TO FORM: ~ ,-.'--~~_u-Q _ ROBERT M. MYERS City Attorney I . . Adopted and approved thIs 9th day of June, 1985. (l~4L ;.~ I Mayor I hereby certIfy that the foregolng Resolution No. 7048(CCS) was dUly adopted by the Clty Council of the Clty of Santa Monlca at a meetlng thereof held on July 9, 1985 by the folloWIng Council vote: Ayes: Councllmembers: Conn, Epsteln, JennIngs, Katz, Zane and Mayor Reed Noes: Counc1lmembers: None AbstaIn: Councllmembers: None Absent: Councllmembers: I Edwards ATTEST: Q'--' ti. )~iw-1t ActIng CIty C~rk..J ...