SR-603-005 (2)
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~t?J3-005
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CfA-.
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CalIfornIa
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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.
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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
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SOCIETY OF PUBLIC ATTORNEYS
OF SANTA MONICA
(SPASM)
July 1, 1985 - JUNE 30, 1987
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TABLE OF CONTENTS
Parties
Term of
city
Full
PAGE
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to Memorandum. .
Agreement. .
Council............
Understanding, Modification
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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........
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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
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Leave. . . . . . . . , . . . . . .
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Deferred
Bar
Professional Development..
Medical and Dental Insurance...
Long Term Disability Insurance.
Mileage Reimbursement.......
Employee Parking......
Salaries..............
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Dues. . . . . . . . . . . . .. . . . . .
Effective Date of
Bilingual Bonus..
Overtime. . .
y-Rating.......
Call-Back Pay.
Pay
Increase. .
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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VOTE: Affirmative:
~ Negative:
~ Abstain:
g Absent: CU..-'7t-t::4
~ ..:i) PROOF vOtE~ WI TH ANOTHER PERSON BEFORE ANYTHING
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION 1# .M vi'
Council Meeting Date j7;J1~;vs----
c?- ,4-
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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 __
/
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,.
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~
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
"
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"
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
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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
...