SR-12A (3)
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FER 1 1 1997
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PE:ata1996 stfrpt bancroft pms
Council Meeting February 11, 1997
Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT: Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding with the Administrative Team Associates
INTRODUCTION
This report requests that Council adopt the attached Resolution authorizing the City
Manager to execute a Memorandum of Understanding (MOU) with the Administrative
Team Associates.
BACKGROUND
The current Memorandum of Understanding (MOU) with the Administrative Team
Associates expired on June 30, 1996 As per the terms and condItions of the expired
MOU, negotiations with the Administrative Team Associates to replace the expired
MOU commenced and resulted In the attached MOU This new agreement has been
ratified by the membership of the Administrative Team Associates
This agreement prOVides for a cost of irving Increase for FY96-97 and makes some
other minor economic and non-economiC changes
1 J -~ A
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1J.:..-:--->:.1
FED 1 1 1997
Adopted and approved thIS 11th of February, 1997
I.
r--Dt'11/f ()~ --
- { Mavor
I hereby certify that the foregomg ResolutlOn9122 (CCS) \-vas duly adopted at a meetmg
of the Cny CouncIl held on the 11th of February. 1997 by the followmg vote
Ayes
Councdmembers
Femstem. GenseL Holbrook, Rosenstem
~oes
Councdmembers
Kone
Abstam
Councllmembers
O' Connor
Absent
Councllmembers
Ebner. Greenberg
ATTEST
~-~v.c~~
.;
I
RESOLUTION NO. 9120
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
ADMINISTRATIVE TEAM ASSOCIATES
WHEREAS, the City adminIstratIOn and representatIves of the
Administrative Team Associates have met and conferred under the terms of Ordinance
No 801 (CCS) and have reached agreement on wages, hours and other terms and
condItions of employment, and
WHEREAS, Section 2 06 of Ordinance No. 801 (CCS) of the City of
Santa MOnica requires preparation of a written Memorandum of Understanding
between the admInistration and employees If an agreement can be reached, and
WHEREAS, Section 2.06 of Ordmance No. 801 (CCS) further provides
that any such Memorandum of Understanding shall not be binding unless and until
presented to the governing body for determination, and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperation, and understanding between
the CIty and the AdministratIve Team ASSOCiates,
to
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS
Section 1 The City Council of the City of Santa Monica does hereby
approve and authorize the City Manager to execute the Memorandum of Understanding
executed by the AdminIstratIve Team AssocIates, a copy of whIch IS attached hereto.
Section 2 The City Clerk shall certify to the adoptIon of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM:
'1 (,
/Lt.Li. ~~~ fl..U+<.-
MARSHA JbNES MOUTRIE
City Attorney
'-ata1996 reSOllJtlQP-1
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A.."R. T I CLS I
1. 01
1. 02
1 03
:".04
1. 05
1 06
~.07
_ 08
1 09
- 1 C
1.:1
1 12
1.13
1 1";
::.. :5
1. 2.6
1.17
MEMORANDUM OF UNDERS~.~\DING
BETWEEN
CITY OF S&~TA MON:CA C~=FORNIA
AND
ADMINISTRATIVE TEAM ASSOCIATES
TABLE OF CONTENTS
GENERAL PROVISIONS
Partles to Memorandum. . . . . . . . . . . . . . . . . . .. 3
Purpose. . . . . . . . . . . . . . . . .. 3
Term of Agreement.. . ................ ....4
Clty Councll Approval...............................4
Recognlzed Employee ASSOclation Name ... ...... 4
Scope of Representatlon... 5
Full Understandlng, Modlflcat~on and Walver 5
Ma~agement R~ghts Reserved...... .......... .6
?eaceful Performance of C~ty SerVlce .... ... 6
Valid~ty of Memorandum of Understandlng... ..... 7
Cap~ions for Convenlence.. 8
Non-Dlscrlmlnatlon and Equal Employment ""'" 8
Def2~ltlons...... .9
Overpayment Remedy......... . ... ., ..12
Payments at Termlnatlon.. .. . .. ....... .. 12
Compensatlon & Beneflts for Part-Tlme E~ployees . .12
Demo': lons . . . . . . . . . . . . . . . . . 13
ARTICLE II
2.01
2.02
2.03
2 04
2 OS
2 06
2.07
2 08
2.09
COMPENSATION
E:fectlve Date of Pay Increase...
Salarles ...... . . . . . . . . . . . . . . . . . . .
Overtlme. . . . . . . . . . . . . . . . . . . . . . . . .
Promotlonal Pay Rate.....
Y-Ratlng. . . . . . . . . . . . .
Pay for Servlng In a Hlgher Job Classlflcatlon..
Skl1l pay
Supervlsory Dlfferentlal . ......
Shlft D~fferentlal.......
. .. 14
.14
.. 15
.17
.17
17
19
20
20
ARTICLE III: SUPPLEMENTAL BENEFITS
3.02..
Health Insurance Programs.....
. .22
1
3 02
3.03
3.04
3.05
3.06
3 07
3 08
3.09
Re t lremen 1:. . . . . .. ........... ............
TUltlon Reimbursement.. ........
Deferred Compensatlon
Mlleage Relmbursement and Energy Conserva~lo~...
Long Term DlsablllCY Insurance
Slck Leave Buy Back.
Uniforms. . . . .. ....... . . . . . .
Term Llfe Insurance................ """'"
ARTIC~E IV: LEAVES
4.01
4.02
4 03
4 04
4.05
4.06
4.07
4 08
4.09
4 10
4 11
Pald holldays
Vacatlon Leave... . . . . . . . . . . . . . . . .
Sick Leave............... . . . . . . . . . . . . . . . .
Leave of Absence Wlthout Pay.......
Ml11tary Leave . . . . . . . . . . . . . . . . . . .
Workers' Compensatlon Leave .........
Jury Duty . . . . . . . . . .
Bereavement Leave .. ........ .......
Ad~inlstratlve Leave.... ........ .......
Parental Leave............. ...........
Family Leave. . . . . . . . " ........
ARTIC~E V: WORKING ~ONDITIONS
5 01
5.82
::; 03
5.04
5 05
5.06
5 07
5 08
Safety and Loss Preventlon..............
Effect of Job Performance or- Salary...
Effect or Reassignment/Recertlficatlon on
Sklll Pays. . . . . . . . .
Employee Parklng.
Offlclal Personnel Flle....... ........
Reductlon lD Hours from Full-Tlme to Part-Tlme.
Work Schedules
Promotlons. .
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6 02
6 03
6.04
Payroll Deductlons. ... .....
Reasonable Notlce. '" .....
71me Off for Assoclatlon BuSlness.......
Grlevance and Complalnt Procedure......
EXHIBIT A. .
2
23
2.<;,
.25
. .25
.26
. .26
.28
. " 28
. .29
. . . .30
. . " 31
.32
.33
. . .33
. . . .33
. . . . .33
.34
.34
.35
.36
. .36
. . .37
37
38
38
.39
. .. 40
. . .41
.41
.41
. 42
. . . .48
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ARTICLE I. GENERA~ PROVISIONS
:.01
" 02
Partles to Memorandum
Th~s Memorandure of Understanding has been prepared pursuant
to t.he terms of Ora.lnance No. 801 (CCS) of the elt}' of
Santa Monlca, whlch Ordlnance .l.S hereby lncorporated by
reference as lf fully set forch hereln, and has Deer.
exect;.ted by the Cl:'Y Manager on behalf of management
offlclals 0:: the City and by t.he ADMINISTRATIVE TEAM
ASSOCIATES (ATA) , and on behalf of employees OccupYlng the
llne-~tem posltlon clasSlflcatlons se~ forth In Exhlblt A
WhlCh lS attached hereto and made a part hereof.
In the event new Job classlflcat.ions are created wnlch are
proposed to be added to the ATA UDlt:, the MU:1.lClpal
Employee Relat.lons Officer wlll notlfy ATA prlo::- to the
Personnel Board and Clty Councll conslaeratlons of the new
classlflcatlons Any classlflcatlons proposed to be added
to the unlt shall be mutually agreed upon In wrltlng and
wlll become effectlve upon executlon by the Managlng
~lrector of ATA and the Munlclpal Employee Relatlons
O::flcer.
Only :.hose Job classiflcatlons WhlCh meet the crlterla for
professlonal and/o::- admlnlstratlve exemptlon under the Falr
Labor Standards Act (FLSA) shall be rep::-esented by ATA.
Dur~ng FY96-97, a study wlll be conducted by the C~ty to
determlne WhlCh Job claSS1~lcatlons cu::-rently represenced
by ATA meet those crlterla If lt lS determined tha~ a Job
classlflcatlon currently represented by ATA does Lot meet
~he crl terla for representatio:l by ATA, the Job
clasSlflcatlon and any ~ncumbent(sl ~~ that Job
clasSlflcatlon shall be transferred to the approprlate Clty
bargalnlng UDlt as of July l, 1997
Purpose
The partles agree that the purpose of thlS MOU lS. to
promote and provlde harmonlous relatlons, cooperatlon and
understandlng between the Clty and the employees covered
3
1 03
1. 04
1 05
.
hereln, to provlde a.~l orderly and equl. table means 0=
resol vlng dl.fferences whl.ch may aY1Se undey :.h:..s
memorandum, and to set foyth the =ul: agreements of the
partles reached as a result of mee~lng and conferrlng In
good falth regardlng matters wlthl.n the scope of
representatl.on for employees represented by ATA.
Term of Agyeernent
Thl.S Agreement shall be effectlve as of the :st day of July
:996 and shall remain In full force and effect untll the
30th day of June 1997. I~ shall be automatl.cally renewed
from year to year thereafter, unless elthe~ party shall
notify the other In wrlting not later than March 1 of each
year that lt de81res to termlnate or modl.fy th~8 Agreement,
and specl.flcally lndlcates requested modiflcatlons. In the
event that such notice 1.8 glven, negotl.ations sh?ll begln
no later than Aprl.l 1 wlth a signed contract deslred by
July 1.
Clty Councll Approval
Thl.s MOD is of no force or effect whatsoever unless or
until ratl.fl.ed and approved by resolutlon duly adopted by
the Clty Councll of the Clty of Santa Monica.
Recognized Employee Assoclatlon Name
The Admlnlstratlve Team Associates (ATA) 18 hereby
acknowledged as the Recognlzed Employee Organlzation
representing only :.he permanent llne - item posi tlon
claSSlfl.catl.ons set fortt In Exhlblt A (WhlCh lS attached
hereto and made a part heyeor) pursuanL to Sectlon 3.04 (c)
of Ordlnance No 801 (CCS) _ It ~s the mutual understandlng
of the partl.es hereto that acknowledgment of the ATA as the
Recognlzed Employee Organlzatlon
A. Does not preclude employees In such llne-ltem positlon
classifl.cations from representl.ng themselves
lndl.Vldually ln thelr employment ~elatl.ons with the
Clty
4
~
1. 05
:.07
B Does not preclude or restrict the r~ght 0= rranagemer.~
offlclals to meet and consult wlth employees ~n s~cL
employment poslt~on classlflcatlons concernl~g thel~
employment relaL10ns wlth the Cl~Y
Scope of Represe~tatlon
The scope of representatlon of the Recogn~zed Employee
Organlzatlon shall lnclude at' rna~ters relat~ng to
employment cond~tlons and employer-employee relatlo~s
lncludlng, but not Ilmlted to, wages, hours, and other
terms and conditlons of employment, except, however, that
the scope of representatlon shall not lnclude cons~deratlon
of the merits, necesslty, or organlzatlon of any serVlce or
activlty provlded by law or executlve order and that the
scope of representatlon shall be exerclsed or performed lr.
compl~ance wlth the provlslons of Ordlnance No. SOl (eeS)_
F~ll Understanding, Mod~flcat~on and Waiver
The partles agree that each has had full and unrestrlcted
rlgh": and opportunlty to make, advance, and dlscuss all
matters properly Wlt:.r::'ln t.he scope of representatlon as
outllued 10 Sec~lon 2 05 of Ordlnance No. 801 (CCS). ThlS
MOti conStl tutes the full and complete agreement of the
partles and there are no others, oral or wrltten, except as
spec~fled In thls Agreement The partles are not bo~nd by
any past practlces o~ understandlngs of e~ther party unless
such past practJ..ces or understandlngs are spec~:E lcally
stated In th~s MOD except that provJ..slons or cond~~lo~S not
speclflcally changed ~n thlS or prevlous MOUls shall be as
prescrlbed by the C~v~l SerVlce provlslons of the Santa
Monlca Clty Charter and the Santa Monlca Munlclpal Code.
Each party, for the term of thls MOD, speclflcally walves
the rlght to demand or petlt~on for changes hereln, whether
or not the subJects were known to the partles at the tlme
of executlon hereof as proper subJects wlthln the scope of
representation as outllned 1n Sectlon 2.05 of Ordlnance No.
801 (CCS)
5
1. 08
:..09
..
Management Rlghts Reserved
The Clty retalns all ~lghts not speclflcally delegated by
th~s Agreement, lncludlng, but ~o= ll~lted to, the
exclusl.ve rlght to:
A Dlrect, supe~vlser hlre, promote, suspend, dlSc~pll~e,
dlscharge, transfer, asslgr., schedule, and retalD
employees
B. Relleve employees fro~ autles because of lack of work
or funas, or under condltlons where cODtlnued work
would be lDefflclent or nonproductive
C Determlne serVlces to be rendered, operatlons to be
performed, utlllzatlon of technology, and overall
budgetary matters
D.
Determlne
personnel
conducted
the approprlate Job classiflcatlons and
by WhlCh government operations are to be
E.
Determlne the overall ffilSSlon of
governroent
the u:u t
of
F. Malntaln and lmprove the efflclency and erfectlveness
of governmenc operatlons.
G Take any necessary actlo~s to carry out the mlSSlon of
an agency in sltuatlons of emergency.
H Take whatever other actlons may be necessary to carry
out the wlshes or the publlc not otherwlse speclfled
above or by collectlve agreement
Peaceful Performance of Clty SerVlce
It is mutually understood and agreed that partlclpatlon by
any employee In a st.rlke or a concerted work stoppage
termlnates the employment relatlonshlp ln the absence of
speclflc wr~tten walver of such termlnat~on by an
authorlzed management official.
6
=
l.lO
A. It ~s fuytne~ u~derstood and agreed that r.one 0; ~~e
part~es hereto wl~l part~c~pate ~nr encourager a5S~S~
or condone any str~ke, co~ceyted work scoppage,
cessat~on of work, slow-dow::, slt-downr s~ay-away,
plcketing or any other form of lnterference wlth or
l~mltation of the peaceful performance of 2~ty
serVlces.
B. In the event that there occurs any str~Ke, concer~ed
work stoppage, cessat~on of work. slow-down. sl~-down.
stay-away, picketlng or any other form of intey:erence
wlth or limltation of the peaceful performance of Clty
serVlceSr the Clty, l~ addltlon to any other lawful
remedles or alsclpllnary actl.onsr may by actlon o~ ~he
CJ.. ty Manager cancel any or all payroll dea.uctl-ons,
prohiblt the use of bulletln boardsr prohlblt the use
of Clty facllltles, and prohlblt access to former work
or duty stations.
C Neithey the employee organizatlon, nor any person
act~ng 1n coneer~ wlth them, wlll causer sarreClon, or
take pay":. in any strlke{ walk-out, slt-doWD, slow-
down, stoppage 0= work, plcketing, retardlng of work,
abnormal absenteelsm{ wlthholdlng of serVlces, or any
other lnterference wlth the normal work routlne The
provlslons of thlS Art~cle shall apply for the same
term as thlS Agreement, or dur~ng any renewal or
extenslon thereof V~olat~o~ o~ any provlslon of th~s
MOU by the Recognlzed Employee Organ~za~lon shall be
cause for the CltYr at lts sole optlon, to termlnate
thlS Agreement ~n add~tlon to whatever other remedles
may be to ~he Clty at law or In e~J~ty
D The Clty agrees that there shall be no general lockout
of barga~nlng unlt members.
Validlty of Memorandum of Unaerstandlng
If any provislon of any Sec~~on of thls MOD lS determlned
to be lnvalld or lllegal by a court of competent
Jurlsd~ctlon, then such prOV1Slon shall be severed from
thlS MOD, but the remalnder hereof shall remaln in full
force and effect The partles hereto shall lmrr>edlately
7
... "1 i
~ --
- :'2
commence to negotlate foy ~he purpose of ~eplac~ng a~y suc~
~nvalid or lllegal provlslon
Should any change be made ~~ any Fedeyal o~ State law, or
in any rules and regulatlons ~mpleme~~l~g such leglslatlon,
or In any C~ty Charter provlslon or San=a MO~lca Xunlclpal
Code prOVlSlon which would be appllcable and contrary to
any provlslo~ of any Sectlon hereln contalned, the~ such
provls1on of tnls MOD shal~ be automatlcally terml~ated,
but the rema~nder of this MOD shall remalD lTI ~ull force
and effect. Such leglslatlon and/or rules and reg~lat~ons
shall supersede this MOD and appllcable clauses sna~l be
substituted for those ruled lnvalid or illegal. The
parties hereto shall lmmedlately commence to negotlate for
the purpose or replac~ng any such lnvalld or illegal
provlslon
Captlons for Conven~ence
The capt~ons herein are for convenlence only and are not a
part of thlS MOD and do not ln any way Ilmlt, define, or
ampllfy the terms and prOVls~ons hereof
Non-Dlscrlmlnatlon and Equal Employment
It lS hereby agreed by ~he partles to this MOU that they
wl:'..l fully comply wlth a~2.. aoo::'lcaD..!.e local, State and
~ederal laws, rules and regulatlons prohlbitlng
dlscrlmlnatlon and governlng equal employment opportunlty
The Afflrmat~ve Actlon Program and the Sexual Ha~assment
Policy of the C~ty of Santa Monlca are afflrmed by both
par~~es to thlS MOD and lncorporatea by reference herelr..
Both pa~tles agree to ablde by the requlrements of the
Amerlcans wlth Dlsabll~~les Act (ADA)
Every Clty employee lS expected to respect the dignlty of
every other C~ty employee and to refraln from any act1ons,
lncludlng the use of slurs or Jokes regardlng sex, age,
race, natlonal crlgln, rellglon, dlsablllty or sexual
preference/orlentatlon WhlCh could be construed as
harassment. Harassment of fellow employees lS a vlolatlon
of Clty POllCY. No employment decislon shall be based on
a~ employee's submlsslon to or reJect~on of such conduct
8
1.13
Complalnts or a senSl tl ve natl.:.re, 1.ncludlng comp::"al:::'s
lnvolvlng sex~a: harassmenc or any other v1.olatloTI of T1.tle
VII 0: the 1964 C1Vl: Rlghts Act, as amended, WhlCh 1.nvolve
a supervl.sor or manager whose conduce 1.S the subJect of the
complalnt may bypass any step of the s~anaa~d g~levance
procedure outll.ned In Sectl.o~ 2.04 740 0= the Santa Monlca
Munl.cl.pal Code
Def1.nltlons
The followlng de:lnltlons are to be applled in the
lnr.erpretat1.on of thlS MOU:
A.
"Salary Range" shall mean
hourly or monthly pay
equlvalen~} asslgned to
clasSlflcatlon wlth1.n the
scale
each
City
the flve step (A through E)
(and tne
employment
work rorce.
In -weekly
poslt.lon
B. "Salary Range Seeps A through E" for each Ilne-ltem
POSlt:'lon classif1.catlon W1. chln the C1. ty work force
shall mean and be establ1.shed to bear the followlng
percentage relatlonshlp to Salary Range Step E
computed to the nearest dolla~. Normal progresslon
~hrough the range toward E step shall be In annual
step lncrement.s contingent OL satlsfactory serVlce.
Step A 8-0 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" shaL:. mear: the next. lower dollar when
the computed amount 1.S flfty [50) cents or less and
the next h1.gher dollar when the computed amount 1.S
flfty-one (51) cents or more.
D. "Llne-ltem posltlon" shall mean a posltlon WhlCh 1.8:
(1) speclflcally ltemlzed In the personnel schedule
of the annual budget of the Clty of Santa Mon~ca,
and
9
(2) ellglble to acc~fualate vacatlon, s~ck leave ar.a
other t~me off In proportlon to the percer.tage 0:
the full-tl~e :orty (40) hoar week. Other frlr.ge
benefits sha~l be provlded to part-tlme employees
covered herelTI as lf they were e~ployed on a
full-time basls.
~
..... .
"Permanen t Employees " shall mean:
(1) A person who lS legally an lncumbent 0: a llTIe-
1tem posltlon, full or part-tlme; or
(2) A former lncumbent of a 11ne-ltem posltlon on
authorized leave of absence from a regu::'arly
budgeted posltlon WhlCh posltlon lS held pendlng
the employee's return.
.
The term "permanent employee" shall not be construed
to lmply a guarantee of continued employment. However,
no permanent employee shall be denled the r1ght to
those due process protectlons approprlate to hls/her
status under the Munlcipal Code and City Charter and
appllcable State law.
F "Date of Entrance Ann1 versary" shall mean the date
WhlCh recurs annually after the date of entry lnto a
posltlon in the c:lasslfled serVlce of the Clty of
Santa MOTI1Ca, elther by or1glnal employment, re-
employrr.ent or promotlon. The date of entrance for
employees wlth broken serVlce shall be cons1dered as
the date on WhlCh the last unbroken serVlce was
effect1ve
G "Satlsfactory SerVlce~ shall mean the attaln~ent of
an overall rat-lng not less than "Sat1sfactory" on the
performance report assoclated wlth the employee1s most
recent date of entrance annlversary.
H n Full-Tlme Work Week 11 shall mean forty (40) hours
withln the seven (7) consecutlve days (i.e., seven
consecutlve 24-hour periods) establ~shed as the work
week for the affected employee(s).
10
(1) Incumben~s 0: 11ne-ltem posltlons enp~oyed ~~ a
work week g~eate~ ~r.an ~hat deflned as the full-
tlme work week shall be comoensated fc~ hours lTI
excess of the full-tlme work week on the Das~s of
and In accordance wlth the provlSlons of the MOV
Sectlon relating to ove~t1me
(2) For e~ployees covered herelD who hold De~nanent
posltlons at the Llbra~y, the full tlme work week
shall be defined as forty (40) hours, Monday
through Saturday, as scheduled by the C1ty
Llbrarian or his/her deslgnated represen~atlve.
Sunday work shall be compensated at the ~ate of
tlme and one-half (1-1/2) the normal hourly rate
It 1S the lntent of the Clty to assign Sunday
work on a volunteer basls. However, In ~he event
there are not enough volunteers to s:.aff the
Sunday work at the Llbrary, sald work wlll be
asslgned on an equltable basls among employees
I 11 Payll shall mean compensation for regular hours
worked, slck leave, vacatlon, bereave~ent leave,
holldays, admlnlst~atlve leave days, compensatory time
off and/or Jury duty
J "Completed Calendar Month of SerVlce" shall mean a
calendar month i~ WhlCh an employee has been earnlng
pay for eleven (11) or more worklng days.
K.
IIBase Rate" shall mean
employee's salary step
aSSlgnment, bonus pays or
the hourly rate
excludlng any
other compensatlon
for the
spec1al
L "Y-rated" shall mean the malntenance of the employee's
salary rate at the level effectlve the day precedlng
the effecclve dace of the personnel actlon placlng the
employee In a lower salary range.
M. "Municlpal Employee Relatlons Officer" shall mean the
C1ty Manager.
N.
11 Working
Agreement
Day 11 as used
pertalnlng to
In the sectlons
vacatlon accrual
of thls
{Sectlon
11
1 14
1.15
1 16
4.02} and s~ck leave accrual (SectloD 4.03) sha~~ mean
elght (8) hours.
O. II Compressed Work Schedule II shall mean a woyk schedule
~n which a full-tlme employee lS asslgned to work a
total of elgh~y (80) regularly scheduled work hours ir.
nine (9), or less, days ~n a glven two-week (~ e., twc
work week) period.
Overpayment Remedy
Permanent employees covered hereln shall relmburse the Clty
for any overpayment of wages or beneflts. Sald
re~mbursement shall not be requlred untll the City not~fles
~he affected employee In wrl~lng. The overpaymen~ shall be
relmbursed by payroll deductlons over a tlme perlod equal
to the tlme period the overpayment was made, or by any
other reasonable repayment method mutually accepcable to
the C2ty and the employee A lump-sum deductlon shall be
requlred If the next subsequent employee payroll warrant lS
the final or ~ermlnatlon warrant ~ssued to the affected
employee
Payments at Termlnatlon
When permanent employees covered hereln leave the serVlce
of the Clty of Santa Monica, they shall be entltled to
lump-sum payoff of vaca~lon leave, unused floatlng hcllday,
unused accrued co~pensatory tlme and unused accrued
admlnlstratlve leave days only No clalm shall be made
agalnst the Clty for the use or payment of unused accrued
slck leave, nor shall the effectlve date of termlnatlon be
extended by the use of compensatory tlme, slck leave,
vacation or other leave days
Compensatlon & Beneflts for Part-Tlme Employees
Incumbents of 11ne-~tem posltlons employed In a work week
less than that deflned as the full-tlme work week shall be
compensated In that proportion of the compensatlon for
full-tlme employment as the number of hours budgeted for
that pOSl tlon bears to the full- time work week.
Compensatlon shall lnclude base salary, deferred
12
1 :.7
compensation or any Do~uses or Skll~ pays provlded ny ~~lS
Agreement
Incumbents of Ilne-ltem posltlons regular:y worklr.g ~ess
than the full-tlme work week shall accrue vaca~lon, s~ck
leave, admlnis~ratlve leave and other ~lme o:f ~r. the sane
ratlo as the average n~mber of hours they work per week 15
to ::.he full- ::.ure work week for the pOSl t~-::m occu;ned
ether frlnge beneflt5 shall be provlded ~o part-::'lMe
employees covered hereln as If they were employeci on a
full-tlme basls.
Demotlons
All demotlons shall be ln accordance wlth ::.he Clty Charter
and the Santa Monlca Munlclpal Code.
13
AR':'ICI...E II
2.0:
2.C2
COMPENSATION
Effectlve Date of Pay I~crease
Notwlthstandlng any ocher prOV1S10n contalned hereln,
changes to ~he salary range and salary related benefJ. t
changes provlded herel~ shall become effectlve O~ the flrst
day of the payroll perl ad closest ~o the effecclve date
stated hereln. =f che effecLlve aa~e staLed hereln falls
on the Sunday In the mlddle of a pay per~od, the e:fectlve
date shall be the flrst day of the followlng payroll
per~od.
Salarles
Salarles 0: Clty employees In 11ne-ltem positlons shall be
on a monthly rate, pald on a bl-weekly equlvalent basls.
In lleu of the bl-weekly equlvalent to a monthly rate, the
Clty Manager may fix the compensatlon of any posl~lon at an
hourly rate. In posltlons for wnlch the work week is forty
(40) hours, the hourly rate shall be determlned by dlvldlng
the bl-weekly rate by el.ghty (SO)
A Effective July 1, 1996, the E-step salarles of
employees covered hereln shall be lncreased by two
percent (2 %)
B. A glven clasSlflcatlo:: covered by thlS MOD wlll be
ellglble to recelve an equity adjustment provldlng
that the compensatlon study conducted by the Cl~y of
Santa Mon:tca substantlates the need for an equlty
adjustment to brlng the salary range of that
classlflca~lon ln llne wl=h the mear. salary pald to
the same class~flca~lon found ln comparable clties
The Cl~Y wlll be wllllng to recelve and evaluate any
salary comparlson data that ATA mlght want to make
available regardlng an equlty adJustment for a glven
clasSlflcatlon. Should a compensatlon study lndlcate
that a glven Job clasSlflcatlon lS currently belng
pa~d above ~he mean salary pald to the same
class~flcatlon found lD comparable Cltles, the salary
range of that classlflcat~on wlll remaln unchanged.
Internal equlty fac~ors wlll also be taken lnto
14
2 03
conslderat~or., as deemed app~oprlate by the C~ty, when
determln~ng whe~her or nc~ ah equlty adJus~Toe~t ioy a
glven classlflcatlon ~s warran~ed. EqUlty ad~us~~e~ts
described hereln wlll be conslde~ed on an a::1naa_
basls, eithe~ as a part of the annual badgec process
If no M00 negotlat10ns should be occ~rrl~g d~r1ng the
year or as a part of the MOD nego=la-:'lo:J.s process
should the MOD be up for negotlat~on
Overtlme
For employees ho~dlng a budgeted Ilne-lteIT. posltlon ln a
Job classl:lcat1on covered by thlS agreement, the followlng
overt1me prov1slons wIll apply:
Overtlme for full-tlme permanent employees shall mean work
1n excess of the employee's regularly scheduled work day or
1n excess of forty (40) hours 1n one (1) week. Over~lme
for permanent part-tIme employees who regularly work less
than eIght (8) hours ln one (1) day and forty (40) hours in
one (1) week shall mean work ln excess of elght (8) hours
10 one (1) day or fort.y (40) hours 10 one (1) week
Overt1me hours must have the pY10r approval of an
aathorlzed management offlclal
For the purpose of calculatlng over~lme, discret10nary pald
~lme off, deflned as vacatIon, personal leave (MOD days),
floatIng holIdays and/or compensatory tIme off, shall not
count towards the forty (40) hours. Non-dlscretlonary pald
~l~e off, deflned as all other pald leave t~me, shall count
-:.owards the forty (40} hours
In add.ltlon, If an employee :..s requ1red to work on a
holIday observed by the employee/s departwent or dlvlslon/
the employee shall be pa~d overt~me for all hours worked on
the holiday In additIon to holiday pay. If the employee
works on an authorIzed hollday, the actual number of hours
worked on the hollday shall count towards the forty (40)
hours for the purpose of calculatlng overtlme for the work
week.
For employees covered herein who hold permanent posltlons
a~ the L1brary, the full tlme work week shall be deflned as
15
forty (40) hours, Monday througr- Saturday, as scbeduleci by
the Cl~y L~brarlan or hls/~er deslgnated representatlve.
Overtlme shall be pald for ~ours workeci on Sunday. It lS
che intent of the Clty to asslgn Sunday work O~ a volunteer
basls. However, In the even~ there are not enough
volunteers to staff the Sunday work at the Llbrary, the
work will be assigned on an equitable basls a~ong
employees
All authorlzed overtiIPe shall be compensated wlth cash
payment based upon one and one-half (1-1/2) tlmes the
hourly rate equl valent of the employee's monthly salary
computed to the nearest one-tenth 0: an hour Instead of
cash payment, an authorized management departmental
offlcial may grant compensatory tlme off at the rate of one
and one-half (1-1/2) hours off for such overtlme.
Departmental management offlclals shall not unr~asonably
deny an employee's request for compensatory tlIDe In lleu of
pay ~f compensatory tlIDe lS accrued and not ~aken by June
30 of any flscal year, ~t wlll be pald to the employee at
the rate earned.
There shall be a reasonable effort to dlstribute overtlIPe
equ~tably among employees lTI the appllcable Job
classi:lcatlon In an operatlonal work group. If an
employee belleves he/she has been lmproperly denled
overtlme assig~ments, such clalms may be processed through
the grlevance procedure
In order to supplement elght (8) hours of pald leave time
for a regularly scheduled work day comprlsed of more than
elgnt (8) hours, the employee wlll have the optlon of
worklng the addltlonal t~me requlred, on a stralght-tlme
basls, durlng the appllcable seven-day work week, in order
to recelve a full day's pay for the day in questlon. Pald
leave tlme would lnclude vacatlon, slck leave or
admlnlstratlve leave days
In no event may an employee's work schedule be changed to
avoid the payment of overtlme unless the employee lnltiates
the schedule change
16
2 04
2 05
2 06
Promotlonal Pay Ra~e
If a permanent employee covered he::-eln 1.S promoted and
hls/her salary is equal to or greater than tne entrance
salary of the promotlonal classlflcatlon, the employee's
salary shall be lncreased to the next h~gher salary rate
whlen provldes a mlnlmum flve (5) percenc salary lncrease,
provlded, however, that In nc event shall the salary rate
exceed the maXlmum salary rate =or the new classlflca~lcn.
A reclasslflcat~on of a permanent employee covered hereln
to a hlgher level Job clasSlflcatlo~ wlll be consldered a
promotlon and the employee's salary shall be lncreased to
the hlgher salary rate In the new classlflcatJ.on WhlCh
prov1.des a minlmum of f1ve (5) percent salary lncrease,
provlded, however, that In no event shall the salary rate
exceed the maXlmum salary rate for the new classlflcation.
Y-Ratlng
When a personnel action, e.g., demotlon due to layoff or
reclass~=lcatJ.on, results 10 the lowerlng or the salary
range of a permanent employee covered hereln, the lncumbent
employee's salary may be Y-rated. nY-ratedn shall mean the
malntenance of the employee's salary rate at ::ne level
effec::1ve the day precedlng the effectlve date of the
personnel actlon placlng the employee 1D a lower salary
range. The employee's salary shall remaln at such level
un::ll the salary range of the new clasSlflcation equals OL
exceeds the Y-rated salary
Pay for Servlng In a Hlgher Job Classlf1catlon
When, In the determ1natlon of the Department Head or C1ty
Manager, 1t lS necessary to speclflcally asslgr. an employee
the slgniflcant dutles and responslbllltles of a h1gher
class:.fl.cat10n, the employee so assl.gned shall be
compensated as follows
A If the asslgnment lS temporary due to the vacatlon,
slck leave, jury duty or other temporary absence of
~he employee lTI the h1gher classlflcatlon, the
employee terr.porarlly asslgned shall be pald at the
17
ra~e of seven~Y-:lve (75) cents per hour for al~ s~ct.
hours asslgned after the employee works a mlnl~UM of
two (2) conseCU~lve work days In the ~lgher
classlflcatlon asslgnment, wlth paymen~ retroactlve to
the flrst day.
If the temporary asslgnment should last a m~~lmum of
fourteen (14) consecutl ve work days, the employee
temporarlly asslgned sha:l receive the salary rate for
the vacant classl:1cation at the lowest salary step
that provldes a mlnl~Urr. flve (5) percent salary
lncrease, provlded, however, lD no event shall ~he
salary rate exceed the maXlmum salary rate for the
vacant classlflcation belng fllled by the employee on
a temporary baS1S Sald lncrease shall be retroactlve
to the flrst day Wl tn the employee relmburslng the
City for any addltional payment recelved under
paragraph one (:) above
The City shall not rotate employees lD and out: of
hlgher posltlon classlflcatlon asslgnments 1n order to
avoid paYlng sald compensation.
B. If the pOSltlOn to be fllled lS vacant and there lS no
valla ellglble 11St for the classlflcatlon, the
DeDartment Head or Clty Manager, lf he/she has
lnltlated procedures to f.:i the vacancy on a
permanent haSls, may asslgn an employee who meets the
ml.nlmUm quallficatlons of the vacant posltlon to flll
the poslt:lon on a temporary detail (actlng} basls
The employee so assigned shall recelve the salary rate
for the vacant classlflcatlon at the lowest salary
step WhlCh provldes an lncrease of at least flve (5)
percent over hls/her current salary. In no event,
however, shall the employee's salary rate exceed the
salary range establlshed for the vacant classlflcatlon
belng fllled by the employee or: an IJactlngn basls If
an eliglble llSt eXlsts for the vacant posltlon, the
Department Head shall appolnt an employee from the
ellgible 11St at the earllest posslble date, and the
prOV1Slons of this paragraph shall be appllcable to
the employee ass1.gned to cover the vacancy ln any
lnter1.m perlod
l8
2.07
Noth.::.ng In ::hlS SeC::l0n shall reau~re the Clty ::0 raKe
temporary asslgnments of e~ployees.
Sklll Pay
The followlng provlSlons eXlst for added pa}~ent to
employees covered hez:-elTI who possess specla2. sk~l2.s :lot
requlred of thelr c~asslflcatlon speclflcat~onsr prov~dlng
that sald speclal Skllls are ut~llzed by the errployee lC
the performance 0= his/her Job-
A Professional Englneer Reglstra::lon
C1Vl1 Eng~neer Asslstantsr CiVll Englneer Assocla::es,
and Plan Check Englneers shall recelve an add~tlonal
$165.00 per month above the~r salary rate after they
recelve official reglstratlon by the State of
Californla. Such reglstratlon must be maintalned by
the employees and supplemented by regular, at least
annual, courses In the englneerlng fleld of study, or
the sk~ll pay wlll be stopped as of July 1 of the next
fiscal year Courses wh~ch wlll enable the employee
to weet thlS requ~rement must be approved by the
employee's superv~sor ~n advance. Sald courses must
be taken on the employee I sown Clme and wll1 be
subJect to the tUltlon relmbursement sectlOr. of th~s
Agreement
B Blllngual Sklll Pay
Quallfled employees who mee:: the crlterla set forth
hereln shall recelve a bll~ngual Sklll pay of $50 00
per month. To recelve blllngual pay the followlng
crlterla must be met
(1) The employee must be asslgned to speak or
translate a language In add~tion to Engllsh
ThlS may ~nclude spec~al~zed co~munlcatlon Skl11s
such as slgn language.
(2) An employee must regularly utillze such skl1ls
dur~ng the course of thelr dut~es or upon request
of City management.
19
2.08
2 09
(3) To become quallfled, an emp:oyee must De
certlfled as quallfled through eXa~lnatlCr.
administered by the ?erso~~el DeDa~L~e~~_
(4) In order to reta~n Sala blllngual Skll~ pay :~om
one f~scal year to the next, durlng the flrs~
month of the new :iscal year (July) the employee
recelv~ng Dlllngual sklll pay must be recer~lfled
as quallfled through examlnatlon admlnlsterea by
the Personnel Department.
C ProfeSSlonal Planning Registratlon
Planner, Assoclate Planners and Ass.l.stant Planners
shall recelve an addltlonal $25 00 per month above
their salary rate after they recel ve an Amerlcan
Instltute of Certlfled Planners certiflcate Such
certlflcate must be malntained by the employees and
supplemented by regular, at least annual, courses In
the planning fleld of study, or the Skll1 pay wlll be
stopped as of July 1 0: the next flscal year Courses
WhlCh wll1 enable the employee to meet thlS
requirement must be approved by the employee'S
supervlsor In advance. Sald courses must be taken on
the employee's own tlme and wlll be subject to the
tUltlOr. relrnbursement seC~lon of thlS Agreement.
S~pervlsory Dlfferentlal
A supervlsory dlfferentlal of 2.7% shall be palQ to
employees covered nereln who are asslgned to regularly
supervlse other employees ln the same Job classlflcatlon
and who are not covered under the terms of the Sectlon of
thls MOD covering pay for servlng In a hlgher
classlflcatlon.
Shlft Differentla~
Shlft dlfferenclals shall be as follows
A.
Seventy-five cents ($0.75)
worked on the Shlft for
schedule re~ulres that the
for all hours
whose regular
work at least
per hour
employees
employee
20
four (4) hours between 4.00 p.rr. and 12 00 ~lCh~gh~,
subJect to SubseC~lo~s C, D and E below.
B. Nlnety (90) cents per hour for al~ ha~rs worked OD
a Shlft for employees whose ~egular sched-.:le
requlres the employee to work a~ least fo~r (4}
hours between 12:00 Mldnlght and 7:0:::' a.m ,
subJect to S~bsec~lons C, D and E below
C If any employee qualifles under bo~h Subsectlons A
and B above, Subsection B shall prevall.
D Shlft dlfferen~lals are not appllcable when
scheduled hours are compensated as overtlme.
E. Shlft dlfferentlals are not appllcable when the
ewployee 15 worklng the above hours as part of a
11 spll t shlft." II Split shlft" 15 def lDed as; a
Shlft of eight (8) or more hours lD a slngle day,
separated by a break of at least three (3)
non-worKlng hours durlng the Shlft. Such employees
shall be pald the applicable Shlft dlfferentJ.al,
establlshed l~ Sunsectlons A or B above, only for
the hours actually worked on that snlft.
~. If, durlng the term of thlS Agreement, a hlgher nlght
Shlft dlfferent~al 1S provlded by the Clty Councll to
any other bargalDlng unlt, employees covered hereln
shall recelve the hlgher rate.
21
ARTICLE :1:' SU?PLEMENT~ 3~NEF:TS
3.01
Health Insurance Programs
A Medlcal Insurance
Effectlve July I, 1996, ':.he Cl':.y agrees to pay up to a
maximum of $475 per month towards the cost a:: medlcal
lnsurance coverage fo~ employees and ellglole dependen~s
provlded that employees covered herelTI partlc~pate It the
Clty-offered. medlcal lnsurance programs. The cost: of
medlcal lnsurance coverage wll1 be set at the beglnnlng of
each med~cal plan year and w~ll be a IIcomposltell monthly
premium derlved by divlding the total monthly premlum for
all medical plans offered by the Clty, except the PERS
PORAe medlcal plans or any other PERS medical plans, by the
total number of employees enrolled lTI sald medlca~ plans as
of the beginning of the medlcal plan year. Any extra
payment requlred under such plans shall be pald by the
employee electlng such coverage.
The Clty and ATA agree that employees should benef~t from
any premlum savlngs WhlCh accrue from the implementatlon 0:
a new health lTISUrance program (Trlple Optl.on Plan +
Kalser) in 1994 The followlng procedure w~l} be util~zed
to determlne savlngs, If any, and, ln the event of savlngs,
how sald savings wlll be dlstrlbuted.
(1) The actual wedical ~nsurance premlum costs for 1993
for non-safety employees shall be compared agalnst the
CltylS actual premlum costs for the new Tr~ple Optlon
Plan + Kalser for those same employees.
{2j If there should be any premlum savlngs between 1993
and 1994, each employee's share of the sav~ngs w~ll be
determined by dlvldlng the total amount of the savings
by the total number of Clty employees (non-safety)
partlclpatlng ln the CltylS medlcal lnsurance program.
Each employee's share of any savings wlll be pald to
the employee by no later than March 1, 1995. Prlor to
thlS payment, the Clty wlll meet and confer wlth ATA
and the other Clty bargalnlng unlts to determ~ne the
method by WhlCh sald payment wlll be made (e.g., lump
22
3.J2
sum,
etc. }
con~rlb~tlon to defe~~ed corrpehsatla~ p_a~,
In ~he event the medlcal lnsurance prem~ums far the Trlple
Optlon plan for 1995, and any subsequent calendar year,
should be less than the actual Clty medlcal H:su~ance
premlU~S for 1993, the savlngs will be handled ~n
accordance wlth the same p~ocedure, outlined above, wltc
the paywent belng made to the employees by no later than
March 1 of the followlng calendar year.
B. Dental Insurance
Dental lnsurance coverage shall be provlded at nc cost
to the employees and thelr ellglble dependents
provlded that employees covered here1n partlc1pate 1n
the Clty-offered dental lnsurance programs.
,..,
'- -
ViSlon Insu~ance
The City agrees to provlde V1Slon care lnsurance, at
no cost, to ewployees covered hereln The Cl':Y
retalns the Y1ght to select the provlder and to set
the levels of coverage for sald vlsion care lnsurance
plan. The Clty also retalns the rlght to change the
provider of sa:.d V1Slon lnsurance plan and/or the
level of beneflts provlded under that plan wl::.hout
meetlng and conferrlng.
Retlrement
The Clty lS a contract membe::::- of ':he Publlc Employees'
Reti::::-ement System, and It lS understood and agreed that
such membershlp wl:l be malntalned and that e~ployee
ellglblllty clasSlflcatlon, contrlbutlonl and beneflts are
as prescrlbed lD the contract between the Clty and the
PubllC Employees' Retlrement System heretofore approved by
the Clty Councll. The Clty shall contlnue to pay on behalf
of each permanent employee covered hereln one-hundred (lOa)
percent of the 1ndlvldual employee's share of the requlred
retlrement contrlbutlons to PERS [seven (7) percent of the
employee's "compensa':lon" as defl.ned by PERS leg1slation]
for the term of thlS MOD.
23
3.03
These paymen~s are not lncreases of salary and no salary
range appllcable to any of the affected employees shall be
changed or be deemed to have been changed by ~eason of suct
payments i as a result, -.:he City wl2.1 not trea:. t:.hese
payments as ordlnary lncome and chus, w~ll not wlthhold
Federal or State lncome tax therefrom The C~tyrs practlce
will be to report these payments as belng :.hose of the
employees so that they wlll be cred~ted to the partlcular
employee I s lndl vldual accoun:. Wl th PERS and upon
termlnatlon wlll belong t:.o the employee.
It lS agreed that if State and/or Federal procedures
requlre reportlng of these payments ln any other manner,
the part~es will ablde by such requlrements
TUltlon Relmbursement
The Clty wlll budget annually sufflclent funds to provlde
each permanent:. llne-ltem employee of the ATA tUltlon and
requlred s:.udy material reimbursement for career
lmprovement or Job enhancement courses approved by
authorlzed department management offlcla1s and subJect to
appeal to and approval of <;:he Dlrector of Personnel.
~elwburse~en:. shall equal the total cost of tUltlon
(excl USl ve of 10dglng and meals) and the tot-al cost of
requlred study materlals, provlded, however, that:
A.
The maximurr annual
lndlVldual enployee
dollars (SlOOO 00)
amount of relmbursement per
shall not exceed one thousand
B. The course of study must be approved ln advance by
authorlzed department offlclals and the Dlrector of
Personnel
C. The course must be dlrected to qualify the employee
for an employment posltlon represented ln the Clty
work force or to enhance current Job skllls.
D The employee must exhlblt some reasonable expectatlon
of quallfYlng for the new posltlon upon successful
completlon of the study course lf that was the reason
for the course
24
j 04
3.05
E Relmb~rsemen~ shal~ be made ~pon successf~l ccnplet~o~
or ~he pre-au~ho~lzed course and upon prese~tatlor. of
receipts and proof of satlsfactory course corrpletlor..
F. In no event shall the Clty'S relmburserrent be reduced
when there is an outslde source of ald except ~~ ~hose
cases where the ald from any outslde source, p~us the
normal C1CY re:.mbursement, exceeds the cost 0: tUltlon
and study materlal for the approved study course.
G Only employees who have completed a probatlonary
period wlth the Clty shall be ellglble for thlS
program.
H. Courses for which tUltlon relmbursement wlll be made
must be taken on the employee's tlme or on authorlzed
vacatlon leave
I. The procedure to be followed with regard to the
administratlon of the tuition relmbursement prograrr-
shall be estab:lshed by the Personnel Departwent
Deferred Compensatlon
Each employee covered hereln shall be offered partlclpatlon
ln the City's deferred compensatlon plan. The Clty agrees
to contrlbute to the plan the amount. the partlcJ..patlng
employee lS contrlbutlng to the plan on hls/her behalf, but
no~ to exceed seventy-flve dollars ($75.00) per rro~th for
any partlclpatlng employee
Mlleage Relmbursement and Energy Conservatlon
Relmbursement to permanent employees covered hereln for the
authorlzed use of personal automoblles on Clty buslness
shall be at the rate authorlzed by the City Councll.
Relmbursement rates wll1 be consldered In preparlng budget
recommendatlons at least every two (2) years.
Santa Monlca Munlclpal Bus Llne tokens wlll be provlded to
any employee covered hereln who submlts, on the Clty form,
a record of hls/her trlps (home to work slte, work slte to
home, or work Sl te to work 81 te) durlng the precedlng
25
3.06
3 07
mon~h. The San~a Monlca MUTI1Clpal Bus Llne ro~te nu~e~
used for each ~~lp ~~st be entered on the ~elmD~rse~e~~
form.
Long Term Dlsablllty Insurance
The Clty agrees to malr.~aln a long terrr- dlsablll~y
lnsu~ance plan fo~ permanent employees covered hereu~de~ a~
no cost to ~he employee. The long term dlsab~llty
lnsurance beneflts wl:l be equal to 60% of elther the
employee's base sala~y or $6,667.00 per month, whlchever
amount lS less, reduced by the employee's lncome from other
sources.
sick Leave Buy Back
The employee has the annual optlon to be paid fo~ certaln
unused sick leave on the terms noted below or to "bank"
unused slck leave.
Payment at the employee I s base rate for the fiscal year
durlng which the slck leave was earned Dut not used shall
be ~ade only to employees on the payroll as of June 30 of
that flscal year. To quallfy fo~ payment an employee mus~
have a slck leave "bank II of twelve (12) days. ?or the
purposes of ~hlS Sec~lon, "bankl1 shall mean slck leave
earned In prlor years and reported ln the II Slck Leave
Balance Brought Forward from Prlor Contract Year" column of
~he "Vacatlon, S:lck Leave and Compensatory Tlme" report
lssued by the Flnance Department at the beglnnlng of the
:18ca1 year durlng whlch payable sick leave lS earned.
Annual slck leave payoffs under thls Sectlon for employees
Wl th less than ten (10) years of serVlce shall be made
accordlng to the followlng schedule.
Slck Leave Days Used
In the Flscal Year
slck Leave Days Payab~e
At flscal Year End
2
3
4
5
6
5
4
3
26
6
7
8 or more
2
"
\..'
Annual slck leave payo=fs under th~s Sectlon for emp:oyees
Wl th ten (10) or more years of serVlce shall be maae
according ~o ~he followlng schedule, prOV1Glng ~here are
enough slck days accrued in the e~ployee's slck leave bank
~o cover the payoff descrlbed below'
Slck Leave Days Used
In the Flscal Year
Slck Leave Days Payable
At rlscal Year End
2
3
4
5
6
7
8
9
12
11
10
9
8
7
r
o
:;,
10
11
12
13
14 or more
4
3
2
1
o
For a part-tlme employee, the slck leave buy back
schedule, as se~ forth l~ the precedlng paragraphs,
wlll be prorated In the same ratlo as the number of
hours b~dgeted for the employee's pos~tlon bears to
the full-tlme work week.
It lS mutually acknowledged by the partles that the
use of Code 40 or other tlme off not approprlately
scheduled ln advance wl:l dlsquallfy an employee from
ellglblllty for payment under thlS Section.
Sick leave for WhlCh payoff 1.S recelved shall be
consldered "used" In that It wlll not be added to the
"bank" (or If added to the "bankl1 prlor to the payoff
date shall be removed from the "bank")
27
3 08
3.09
S~ck leave payo~fs under thlS Sect~an shall De ~aQe by
separate check by the end of July follow~ng the f~scal
year In WhlCh the payable slck leave was earned.
Unlforms
The Clty shall prov~de all necessary anlforms, as
de~ermlned by the C~tYI to each employee cove~ed herelr- who
15 requ~red by the Clty co wear a Uillform
Terrr Llfe Insurance
The Clty agrees to malntaln ac no cost
term Ilfe lnsurance plan for permanent
hereln, wlth indivldual coverage to
employee's base annual salary rounded
thousand dollars
28
to ~he employee a
employees coveyed
be equal to the
up to the next one
lL~TICLE IV: LEAVES
4.01
Pald Holldays
Employees covered hereln shall recel ve pald :.cl.::..::iays as
provlded below
New Year's Day - January:
Martln Luther Klng's Blr~hday - Thlrd Monday In
January
Llncoln's Blrthday - February
Washlngton's Blrthday - Thlrd
Memorlal Day - Last Monday lTI
Independence Day - July 4
Labor Day - Flrst Monday In September
Thanksglvlng Day - Fourth Thursday In November
The Frlday Followlng Thanksgivlng Day
The Half-Day Immedlately Before Chrlstmas Day
Chrlstmas Day - December 25
The Half-Day Immedlately Before New Year's Day
One Floatlng Hol1day
All Other Holldays Declared by the Clty Councll
12
Monday
May
in February
In addltlon, the Llbrary shal: close by no later than 5-30
P.M. on the day before the Thanksgivlng hollday and the day
before the New Year's Day hollday.
A floa~lng hollday becomes avallable at Lhe beglnnlng of
eacr. flscal year and must be taken before the end of that
flscal year. Only those e~ployees who are on the payroll
at the beglnnlng of the flscal year shall be entltled to
recelve the floatlng hollday for the flscal year A
floatlng hollday not taken by the end of the flscal year
may be paid to the employee lf the employee enters the day
on hls/her flnal tlme card for the flscal year. Fallure to
~ake Lhe floatlng hollday or to put the hollday on the last
tlme card for the flscal year shall constltute a forfelture
by the employee. A f~oatlng hollday WhlCh 1S cashed out at
the end of the flscal year shall be pald in an amount equal
to elght (8) hours of the employee's straight-tlme base
salary rate of pay.
29
4.02
Whenever any day llstea here~n as a pa~d hollday falls upon
Lhe first or second day off of a~y employee who has two (2)
consecutlve days off, the day precedlng shall be deemed the
holiday lr It: falls on the flrsr. day off, and the day
follow1ng shall be deemed the holiday lf lt falls on ~he
second day off 1n lleu of ~he day llsted. Wheneve~ any day
llsted herein as a pald holiday ralls upon any day eff of
an employee who does not have two (2) consecutive days 0=:,
the following day shall be deemed the hollday for such
employee.
Employees ln depar~menLs or dlv~slons observlng dlfferent
hollday schedules shall, ln lieu of holidays Ilsted above,
recelve holldays enjoyed by other operatlng employees 1n
that department or dlvlsion, provlded, however, tha~ the
same number of holldays [twelve {12}] shall be observed.
Whenever any day listed hereln as a pald hollday falls upon
any day other than Saturday or Sunday when a Clty faclllty
(lncludlng department, dlvlslon or work unlt) is already
scheduled to be closed to the publlC because of the
adoptlon of a compressed work schedule, employees who work
at sald Clty facllity wlll recelve a floatlng hollday ln
lleu of the day llsted as the pald hollday. ThlS floa~lng
holiday cannot be accrued and carrled over to the next
flscal year, and the floatlng hollday cannot be cashed out
at the end of the flscal year ThlS floating hollday must
be Laken by the end of the flsca: year ~n WhlC~ It is
granted to the employee or be forfel~ed.
Vacation Leave
Employees covered herelh shall accrue vacatlon leave with
pay on the followlng basls
A Following completlon of the flrst SlX (6) calendar
months of contlnuous serVlce, SlX (6) worklng days
B. Thereafter, up to and lncludlng flve (5) completed
years of serVlce, one (1) worklng day for each
completed calendar month of serVlce.
C. Thereafter 1 up to and lncludlng ten (10) completed
years of serVlce, one and one-quarter (1.25) worklng
days for each completed calendar month of serVlce.
30
4 03
D Thereaf~eYr up co ana lncludlng f~ftee~ \15) cO~Dle~eG
years of serVlcer one and one-half (1.51 work~ng days
for each co~pleted calendar mont~ of serVlce
E. Upon completlon of f1fteen (15) yeays of serVlce and
thereafterr one and three-quarters (:.75) wcYk~ng days
for each completed calendar monLh of serVlce.
F. Employees are expecced to take thelr vacatlon each
year. An employee who has accrued vacatlOr. to the
maXlmums prescrlbed heyeln may be requlred to take
vacation leave in order to reduce the accum\.:latlon
balance The scheduling of vacatlon shall be
accordlng to department or dlV1Slon pollcles and
contingent on the serVlce needs of the department
G Accrual of vacatlon leave shall not exceed forty (40)
days If an employee lS denled the tlme off requlred
to malntaln a vacatlon balance below the maXlmum
allowedr ~he Department Head shall authorize payment
to the employee for such vacatlon as would exceed the
maXlmurr accumulatlon ll~lt.
H Except as Drovlded herelnr the admlnlstratlon or
app:lcatlon of vacatlon leave prOV1Slons and the
Ilmltatlons on the accumulatlor., proportlonate
accumulation, schedullng and payment for such leave
shall be as prescrlbed ln the C1Vll SerVlce orovlsions
of the Santa Monlca Munlclpal Code.
Sick Leave
A. The use of slck leave shall be de:~ned as 1n SectloD
2.04.570 of the Santa Monlca Munlclpal Coder hereby
lncorporated as 1: set forth ~n full herelnr except as
follows.
Slck leave shall be a.eflned as absence :rom duty
because of the employee's 11lness or off-the-Job
lnJury, exposure of the employee to contaglous dlsease
as evidenced by cert~f~catlon from an accepted medical
authorltYr medlcal or dental appo~ntments of the
employee or the employee's dependent chlldren WhlCh
31
4 C4
could not be scheduled dU::"lng non-wc::"k;: hours, W"!""";'"
proper advance notlflcat~o~ to the Depa::"tment Heacr c::"
lllness O~ inj'..lry of any member of the employee's
household.
B. Employees covered hereln shall accrue slck leave wlth
pay on the followlng baslsr provlded that permanent
part-tlme e~ployees shall accrue slck leave in that
proportlon as the number of hours budgeted fo~ the
posltlon bears to the full-tlme work week-
(1) Followlng the completlon of the fJ.rst SlX (6)
calendar months of contJ.nuous serVlce, SlX (6)
worklng days.
(2) Thereafterr one (l) worklng day for each
completed calendar month of serVlce.
C. The foregolng beneflts are cumulative subJect to the
followlng restrlctlons:
(1)
No more than one-hundred-thlrty
days may be applled agalnst slck
one (I) lllness.
(130) working
leave fo~ any
D Any employee who 1.S absent because of slckness or
other physlcal dlsablll~y shall notlfy hls/her
Department Head or other lmmed1ate super10r offlcer as
soon as posslble but ln any event lTI accordance wlth
department rules and regulatlons.
Leave of Absence Wltnout Pay
A permanent employee covered hereln may be granted a leave
of absence wlthout pay upon appllcatlon approved by the
Department Head and the Clty Manager. Such leave may not
exceed one (1) year's tlme. Upon explraClon of the leave,
the employee shall be rel.Dstated to the pOSltlon held
before the leave was granted Such leave shall be granted
only ln those cases where an employeeTs record of serVlce
and qualiflcations make it deslrable for the City to retaln
the employee's serVlces even at the cost of some
lnconvenlence to the Clty
32
4 05
4 ()...-
vb
4, 07
4.08
M:.lltary Leave
~he Cl~y wlll observe the mlll~ary ~eave requlremencs of
Sta~e and ~ederal law
Workers' Compensat~on Leave
A..T1Y employee covered hereln who lS recel vlng dlsab:.2.l ty
payments una.er the lIWorkers' Compensatlor: Act of
Cal:.:orn~at' (for on-the-Job lD]UrleS sustalned whlle
engaged ln the performance of the dut1es of any such
posl~lon) shall recelve from the Clty, dur:.ng ~he flrst
s~xty (60) days of suc~ dlsablllty absence, payments lD an
amount equal to the difference between the dlsabll:.ty
payments received under the Workers' Compensatlon Act and
the employee's full salary. Such payments by the Cl ty
shall be made wlthout any deduction from accrued slck leave
benefl ts. The Cl ty' s obllgatlon to make such payments
shall not commence until ~he third day of such dlsabillty
absence.
Jury Duty
Employees covered herein, when duly called to seyve on any
Jury and when unable co be excused therefrom, shall recelve
~he regular base compensatlon less all Jury fees received
excludlng mileage for the tlme requ1red to be spent In
court provlded that an lnd~vldual employee wlll be so pald
for Jury serVlce only once every three (3) years and shall
!Tlake every effort to cooperate with any request by the
Department Head to request a delay In Jury serVlce to
accommodate lmportant department work In progress. Each
employee rece~vlng a not1ce to repo:!:"t for Jury serV1ce
shall lmmedlately notlfy hls/her lmmedlate superVlsor
Whenever dally Jury duty schedullng perlin ts r employees
shall return to t.helr regular dally ] ob asslgnment to
complete thelr regular dally work hours
Bereavement Leave
Bereavement leave of not more than flve (5) worklng days
wlth pay shall be provlded for absence from duty due to the
death of a member of the employee IS lmmedlate famlly I
33
4.09
4 :'0
mean~ng spoaser Ch1ld, brother, slster, parentr step-
parent, step-brother, s~ep-s1ste~r parent-1n-Iaw, scn-lD-
law, daughter-ln-Iaw, grandparen~ or grandchlld In
addl tlon, bereavement leave of no~ more than f:. ve (5)
worklng days wlth pay shall be provlded for absence froTi
dut:y due to the death of any member of the employee's
household.
Admlnistratlve Leave
The Clty agrees to grant each permanent employee covered
here1D four (4) admlnlstratlve leave days off W1t~ pay per
flscal year in recognltlon of the1r professlonal and
administrative role at the Clty Adm1nlstratlve leave days
shall be earned ln one (1) day lncrements effect1ve at the
beglnnlng of each three (3) month perlod of the f1scal
year, to be usable as accrued.
Payment equ1valent to the employee's base salary as of June
30 for any unused admU"lstratlve leave days shall be
payable to the employeer upon the request of the employee
at. the end of the flscal year when earned. A palo.
admln1strat1ve leave day shall mean elght (8} hours at the
employee's stralght-tlme base salary rate of pay.
Parental Leave
Employees who have prlmary responslblllty fo~ the care of
a new Chlld shall be entltled to a leave of absence
~otaI1~g four (4) months lmmedlately followlng the chlld's
blrth or adoption and shall be returned to the same Ilne-
ltem posltlon oCCUpled. prl0r to the leave upon 1ts
explra':.lon Pald vacat.lor: leave 1 unused accrued
adminlstratlve leave, unused accrued compensatory tlme and
slck leaver 1: appl1cabler as well as unpald leave shall be
counted toward the four (4) month total. Addltlonal leave
may be requested under the provls1ons of Sectlon 4 04 of
this MOU.
Maternity leave 1S not the same as parental leave and shall
be administered 1n accordance wlth State and Federal law
34
4.-'--,-
Fam1ly :Weave
The C::..ty hereby agrees t.o lmplement fa'11.:.ly and mecilcal
leave lr. accordance wlth the CallfoTnla Fa~~~y Rlghts Ac~
(CFRA) and the federal Fam1ly and Medlcal Leave Act (?ML~)
for all employees covered hereln. These sta~UL.es shall
supersede and be ir.plemented In lleu of any co::t.ract
language or C.:.:.y pollcy/prac~lce WhlCh provldes a lesser
Deneflt
Before the lssuance of any admln~stYatlve regulatlons
pertalnlng t.o leave under the CFRA or FMLAr the Clty agrees
to discharge 1ts meet and confer obl1gatlon wlth ATA.
35
A~TICLE v: WORKING CONDITIONS
5.01
5 02
Safety and Loss Prevent10n
The C1ty shall prov1de a reasonably safe and healthy
working eDVlronment in accordance with appllcable State and
Federal laws, rules and regulations The c~ ty shal:
provlde and malnta~n all equlpment re~~lred by appllcable
safety laws and re~JlaL10ns and shal~ comply wlth al~ other
appllcable health and safe~y laws and regulatlons.
Employees shall report unsafe practlces, equ1pment or
COr.dltlons to "C.he~r SUpeYVlSOrS ATA agrees that where
safety devlces or ltems of protectlve equlpment are
required or furnlshedt thelr use shall be mandatory_
An employee who lS dlrected to perform a task which the
employee has good reason to belleve lS unsafe may request
an 1mmedlate reVlew by hls/her Department Head and the
Personnel Dlrector who shall, if deemed approprlatet
consult wlth the approprlate offlcial (s) . Durlng the
perlod of reV1ew and/or 1nvestlgatlon, the employee shall
not be requlred to perform the task complalned oft shall
not suffer loss of payor beneficst and shall be asslgned
other appropriate dutles, 1f posslble
If the task complalned of lS deemed safe by the approprlate
off1clal(s) t "C.he employee shall then perform the work as
lnstructed
Both part~es to thlS MOU agree to fully support the Clty'S
R1Sk Control Pollcy Bald P011CY sets forth the Clty'S
comm~tment to ma1ntalnlng a safe and healthy work
envlronment, to preventlng acc1dents and 1nJurles and
mln~m1zing rlsk and loss wherever posslble Sa1d polley
outl1nes the safety responslb1ll tles of the Cl ty, C1 ty
managers and supervlsorst and Clty employees
Effect of Job Performance on Salary
Normally, placement on entry shall be at the A-Step of the
salary range and advancement through the range shall
normally be to B-Step at one (1) year of employment, C-Step
at two (2) years of employment, D-Step at three (3) years
of employment and E-Step at four (4) years of employment.
36
5 03
5.04
The C~ty Manager, l~ except~onal cases, based upor. specl:lc
appralsal of the importance and d~::lcul~y of the work and
the exper1ence and abll1ty of the peyson co be errplayedr or
of the incumbent, may aut:.hor1ze entrance salarles h~gheY
than the mlnlmumr and speclal lr.creases ear:ley than what
lS prescrlbed 1n the salary schedule for -::he c::'ass and
length of serVlce of the lncumbe~~. In no eve~tr howeverr
shall the rate exceed the maX1mum rate for that class
Notwlthstandlng any provlslon contalned hereln, there will
be no lncrease In wages of any klnd as a result of a KOT
ACCEPTABLE ratlng on the employee 1 s prescr1bed perlodlc
performance ratlng. There wlll be no subsequent 1ncreases
In wages untll the NOT ACCEPTABLE ratlng has been ~mproved
to at least the SATISFACTORY level If overall performance
is rated NOT ACCEPTABLEr the employee may be dlSmlSSeQ from
serVlcer and if two (2) consecutlve performance rat~ngs are
marked NOT ACCEPTABLEr the employee shall be dismlssed by
appolntlng authorlty for inefflclency (SMMC Sectlon
2.0~ 490) Any overall ratlng In the BELOW SATISFACTORY
category may delay the next scheduled salary step lncrease
at the d~scret:.lon of the appolntlng authorlty. Such act10n
shall remaln ln effect untll the overall ratlng has been
lmproved to at least:. the SA~ISFACTORY level
Ef:ect of Reass1gnmentjRecertlflcatlon on Skill Pays
When a II SK1II II or addl ~lonal pay referenced ln thlS MOD lS
the result of asslgnment to spec~fled dutles or hoursr or
of ma1ntenance of a reglstratlon, certlflcate or other
credent1alr the loss of the sklll or addlt10nal pay due to
the end of the asslgnment or faJ.lure to malntaln the
requlred reg1stratlonr cert1ficate or credentlal shall not
const1tute a demotlonr pursuant to Sectlon 2 04.680 of the
Mun1c1pal Code.
Employee ?arklng
It lS hereby agreed that the Clty wlll make every effort to
ma1ntain free parklng as lt presently exists for Clty
employees at:. Clty facll1t1es. The employees covered by
37
5.05
5 06
..
th~s Agreement recogn::..ze that the Cl ty must CO'Tlp..:.y Wl t.1:
Regulatlor. XV lssued by the Alr Qua~~ty Management C::..strlct
(AQMD) and ~he Clty'S Tra~sportatlon Management Pla~
Ord1nance If the use 0: poslt~ve :.ncent.lves does not
result 1n the Clty meetlng t.he compliance requlrements of
AQMD J S Regulat.:on XV 0:::- the Cl ty J S Transportatlon
Manage~ent OrC1Dance wlthlD one (l} year of the effec~lve
date of thlS Agreementr lt lS understood t.hat the Clty ca~
lmplement a charge for park1ng dUY10g the terIT of thlS
Agreement in order to meet those requ1rements. In
additlon, lf lt should become necessary to charge for
park1ng durlng ::he term of tlus Agreement In order to
comply wlth any other State or Federal requlrement
regarding transportatlon management, the City can lmplement
sald charge. However, In no event shall the Clty lmplement
such a charge for parking wlthout ffieetlng and conferr1ng
W1 th ATA should any employee (s) represented by ATA be
subject to such a charge.
OfflClal Personnel F1le
Only that flle malntalned by the Clty'S Personnel Offlce
and the cont.ents It contains shall be consldered the
offlclal personnel flle for each employee covered hereln
An employee's offlcial personnel file and any other flle
kept on that employee shal: be confldentlal. An enployee's
offlclal personnel flle may be revlewed only by the
employeer by lndlvlduals autnorlzed to reVlew sa1d flle on
a need-to-know baslsr and by other persons authorlzed by
the employee
An employee covered by thlS MOU shall be entltled to reVlew
the content of h1s/her offlclal personnel flle at
reasonable lnteTvals prov1ded that the employee schedules
an appolntmentr at least twenty-four (24) hours ln advancer
durlng the regular bUSlness hours of the Personnel Offlce.
Reductlon 1n Hours from Full-Tlme to Part-time
In those cases where a permanent full-time employee deslres
to reduce hls/her work schedule to part-tlme, the employee
shall submlt a request for a reductlon in hours to hls/her
38
5.07
Departmen~ Head As long as the operational Deeds of ~he
Department and the C~ty w~l: stlll be mett upon apF~ova: by
the Department Head, the employee's request sha:l be
approved. The request wlll cover a set perlod of ~~me, no~
to exceed SlX (6) months. At the end of that tlMe perlodt
lf the employee wlshes to contlnue a reductlon ln hourst
he/she must submit another reques~ to hls/her Depar~men~
Head and rece1ve the necessary approvals. If it sho~ld be
determlned tha~ the reduct10n In hours cah no longer be
cont~nued, the e~ployee shall go back to a full-~lme work
schedule lf he/she wlshes to retaln hls/her posl~lon wlth
the City.
Work Schedules
In those cases where a permanent employee deslres to modify
hls/her work schedule to accommodate speclflc work schedule
needs of the employee (e g., dependent care arrangements)
tha~ do not fall withln the normal work schedule
establlshed for the eMployee1s positlon, the employee shall
submlt a request for a work schedule modlf1cat1on to
h~s/her Department Head As long as the operat1onal needs
0: the Department and the C1 ty wlll s':: III be met, upon
approval of the Department Headt the employee'S request
shall be approved If It should be later determ1ned that
the operatlonal needs of the department and the Clty can no
longer be met w1th the employee's modlfled work schedule,
the employee shall recel ve at least tillrty (30) days 1
notlce that hls/her mod1f1ed work schedule can no longer be
contlnued. In the event that the employee cannot change
hls/her outs1de schedullng needs to f1t wlthln the regular
work schedule establlshed :or h1s/her pos1tiont the Clty
wlll make every reasonable effort to place said e~ployee in
another llke poslt1on where the employee's specif1c
schedullng needs can be accommodated Wh1le nothlng ln
thlS Sectlon requlres that the employee I s modlf1ed work
schedule be granted or that the employee be transferred to
a llke pos1t1on to meet the employee's outslde schedullng
needst requests shall not be unreasonably denled
If an employee's request for a modlfled work schedule 1S
den1ed and 1f the employee does not agree wlth the deC1Slon
that has been reached, the employee can grleve such
39
5 08
dec~s~on under Sect lOr. 6 84
Procedure) of thlS Agreement
transfer an employee undey
grlevable.
(GYleVanCe
Fa1lure
and.
Corr,p2.alnt
~o
successf~lly
wlll not be
tins
Sectlon
PromO't.lons
If, ~pon promotion, an employee represented herelr. falls to
sat1sfactorlly complete hls/her probat1onary perlod in the
posltion to Wh1Ch he/she has been promoted, or dUYlng ~he
probationary perlod wlshes to return to h~s/her rorlT'er
posltion, he/she shall have the r1ght to return to hls/her
former positlon, if vacantr or to a comparable poslt1on In
the same Job classlflcation if a vacancy exists. If no
vacancy eXlstsr the employee wlll have any reappolntment
rlghts to hls/her former position as prov1ded by the Santa
Mon1ca Munlclpal Code (Sect1on 2.04.450)
40
ARTICLE VI
EMPLOYER/EMPLOYEE RELATIONS
6 0:
6 02
..- ("I.....
...... '-'-'
Payroll Deductlons
It lS mutually unders~ood and agreed that the C~ty w~l:r
subJect to the provls1ons of Orclnance No. 801 (CCS\ and
durlng the term of thls MOUr deduc~ monthly a~d rew~t to
the offlce or offlcer deslgnated In the employee payrol:
deductlon author1zat1on Recognlzed Employee Organ:.zat1on
dues r credlt unlon Elvestmencs or payments r health and
hospltallzation insurance premlums, and life and accldent
~nsurance premlums. Any or all of such payroll deduct10ns
are subJect to termination by the Clty Manager upon twenty-
four (24) hours notlce for fallure to comply wlth the
provislons of th1S MOU
Reasonable Notlce
It lS mutually understood and agreed that a copy of the
Clty Councilor Personnel Board agenda for each meet1ng
malledr by U.S Mall or lnterofflce mall, to the authorlzed
representative of ATA shall constltute reasonable wrltten
not:.J.ce, and notlce of an opportunlt:y to meet wlth such
agenCYr on all matters wlthln the scope of representatlon
upor. Wh1Ch the City CouncJ.I or Personnel Board may act
Tlme Off for ASSOclatlon BUS1ness
Elected Board Members of ATA or thelr deslgnees shall be
allowed to utlllze a t:.otal of forty (40} hours of tlme off
wlth pay durJ.ng each flscal year to conduct necessary
Assoclat1on buslness. These forty (40) hours per flscal
year represent the aggregate maXlmurr use for all autnor1zed
representatlves of ATA per f1scal yearr as opposed to forty
(40) hours per representatl.ve Prlor to such usage,
authorized ATA representatlves must recelve prlor
permisslon from the Departme~t Headr or h1s/her deslgnee,
ln wrltlng All such t1me off shall be reported by sald
ATA representatlve to the Dlrector of Personnel for
aCcDunt1ng purposes
41
6.04
Grlevance and Complaint Procedure
A grlevance lS a complalnt by one (1) or more eITployees
concerning:
(1) Dlsclpl1na~y actlons.
(2) A suspensionr demo~lon or ~emoval :rom a ~lne-
ltem position classlflcatlon.
(3)
The procedure, ra~lng r
performance evaluat1on.
of
ouc-come
a
or
(4 )
The applicatlon or interpretatlon of
and/or ord1nances, resolutions,
practlces or procedures affectlng the
wagesr hours or working condlt1ons.
this MOD
po2.1clesr
emp::'oyee's
A. Grievances related to dlsclpllnary actlonSr lncludlng
the appeal of a suspenslonr demotlon or removal, shall
be lodged by the employee and shall be subJect to the
procedures outllned ln Sectlon 2.04.740 and/or Sectlon
2.04.750 e~ sea of the Santa Monlca Munlclpal Code,
WhlCh shall const:.ltu~e the sole admlnlstrat1ve
recourse avallable under the terms of thlS MOD
B.
Grlevances related
of a performance
follows:
to the procedure, ratlng or outcome
evaluatlon shall be resolved as
Step 1:
&~ employee covered hereln who bel1eves
that the prescr1bed evaluatlon procedures
have not been followed or that the
evaluatlon does not correspond to the
facts should make a wrltten complalnt to
hls/her supervlsor wlth1n ten (10)
worklng days of recelvlng the performance
evaluatlon.
Step 2
If no satisfactory response lS recelved
wlthin flve (5) working days of flllng
42
Step 3:
Step 4:
the complalDt, the employee should
~mmedlately forward the co~pla~nt ~o
hls/her Department Head The Depar~men~
Head shall have ten (10) wO~kl~g days to
respond to the grlevance
If no sat1sfactory response ~s recelved
w~thin ten (10) working days, the
employee should lmmedlately forward the
complaln~ to the D1rector of Person~e:
The Dlrector of Personnel shall confer
wlth the grlevant and the Department Head
and any other ln~erested part1es and
shall conduct such other lnvestigatlons
as may be advlsable.
The flndings of the Dlrector of Personnel
shall be submitted to the Clty Manager
wlth1n ten (10) worklng days of rece~vlng
the compla1nt The City Manager shall
make his/her declslon In wrl tlng. The
Clty Manager's declslon shall be flnal
The declslon of the City Manager shall be
malled to the employee wlthln ten (10)
worklng days of recelpt of the flndlngs
of the Dlrector of Personnel.
The foregolng shall constltute the sole admlnistrat.1ve
recourse avallable under the terms of this MOD
C. Grlevances related to the appllcatlon or
lnterpretatlon of thl.s MOD and/or ordlnances r
resolutlons, pol1cies, practlces or procedures
affectlng the employee's wagesr hours or worklng
condlt1ons shall be resolved as follows:
Step 1
The aggrleved employee(s) shall meet wlth
the lmmedlate supervlsor to dlSCUSS the
gr1evance. The grlevance or grlevances
must be stated In wr1tingr speclflcally
cltlng the MOD provlS1onr ordlnance,
resolut1onr rule, POllCY, practlce or
procedure that 15 the sub] ect of the
43
Step 2:
Step 3
gr~evancer the Clrcums~ances glv~nq r~se
~o 1:he g~levance r and the des:..red
SO:U~lO~ ~o ~he grlevance wlt~ln th~r~y
(30) calendar days of ~he event glv1ng
rlse to the grlevance or Wl thlr: th:tr:.y
(30) calendar days 0= the employee
learnlng of the event If '.:he employee
could not have known of ~he eve~L glv1ng
rlse to the grievance when sa:..d event
occurred.
If the matter cannot be satisfactor1ly
resol ved Wl thln f l ve (5) work1ng days
following ~he meetlng wlth the lmmedlate
supervlsorr the employee may submlt the
grlevance and the deslred solutlon to the
second level supervlsorr lf any.
The second level supervlsor shall meet
with the grievant and the grlevant's
representatlves, 1f any r no later than
the grlevant's f1fth (5th) work day
followlng presentation of the grlevance.
Wlthln flve (5) working days follow1ng
such meetl~g, the supervlsor shall glve a
wrltten deC1S1on to the gr1evant
If the second :evel superVlsor does not have
the authorlty to resolve the grlevance, 1'.:
shall lmTTlediately be forwarded to the
Department Head or the approprlate authorlty.
If the grlevance 15 not resolved at Step
2r the employee may refer the grlevance
wlth1n ten (10) worklng days to the
Department Head, who shall meet wlth the
employee and the employee's
representat1 ve r if any, to d1SCUSS the
grlevance wlthlD the employee's flfth
(5th) worklng day followlng the
forwardlng of the grlevance. W1thlD flve
(5) worklng days followlng such meeting,
the Department Head shall glve a written
44
Step 4.
Step 5:
deC~Slon to ~he grlevant.
If no sa~lsfactory response lS rece:.ved
wlth:'I: ten (10) work:.ng daYSr t:,.e
employee should lmmedlate:y forward the
complalnt ~o the D1rector of ?e~sonnel
The Dlrector 0:: persor..nel shaL_ cO:1fer
wlth the grlevant and the Depart~e~~ ~ead
and any other 1ntereStea part:.es and
shall conduc~ such othe~ ~nvest1gatlons
as may be adV1sable
The flndlngs of the Dl~ecto~ of Personnel
shall be submitted to the C:.ty Manager
wlthln ten (10) work~ng days of recelvlng
the complalnt The C1ty Manager shall
make hls/her declslon In wrltlng. The
City Manager's decls10n shall be flnal.
The dec1slon of the Clty Manager shall be
malled to the employee wlthln ten (10)
worklng days of recelpt 0:: the flnd1ngs
submltted by the D:.rector of Personnel.
All time perl ods 1n thlS
mutual wrltten agree~ent
eMployee's representatlver
representative lnvolved
D
SeC~lon may be extended by
of the employee or the
If anYr and the management
E If a management representatlve does not meet wlth the
grlevant or render a declslon wlthln the tlroe Ilffilts
speclfled, the e~ployee may lmmed1ately eXerc~se the
next step 1n the gr1evance process
F. An employee who has 1nltlatea a grlevancer or asslsted
another employee lTI ln1 :.iatlng and/or processlng a
grlevancer or who has testlfled at any hearlng shall
not In any way be coerced, hlndered, lntimldated or
discrlmlnated agalnst for exercls1ng thls rlght:.
G ~mployees shall have the rlght to be represented ln
grlevance matters in the followlng manner'
.i. . Employees shall have the r1ght to represent
themselves lndlvldually ln grlevance matters.
45
2. Employees may deslgnate a member c.f ~!:e
departlT1ent C-l:" of ATA to represent t.herr 1::
grlevance rr-atte::::-s at. steps - ana. 2 of the
grlevance process
3 .
Employees may deslgnate a member of
department, an ATA representat i ve 0::::- a
representatlve to represent them 2C steos
4 of the gr1evance process.
the
legal
3 and
ATA shall notify the D1~ector of Personnel, lr.
wrl tlng I of 1 ts deslgnated employee grievance
representatlves and shall provlde not1!lcatlon of
any change In such representat~ves
H Reasonable tlme off without loss of payor beneflts
shall be given to a grievant or ATA. employee
representatlve to 1nvestlgate and/or process
grievances, and to w1tnesses 2n any grlevance weet1ng
or hear~ng held dur2ng work hours.
I. Befo::::-e performlng gr1evance workr ATA representat1vesr
the gYlevant or witnesses shall obtaln permlsslon from
the ~mwediate superVlsor. Nelther the gr~evant nor
the representat1ve nor wltnesses shall lnterrupt or
leave work :.f the supervlsor determ1nes that such
lnterrupt10ns or absence wlll unduly interfere wlth
the work of the emp~oyee However, lf the supervlsor
denies such t1me offr t1me off must be granted wlthln
twenty-four (24\ hours of such request
46
~
EXHIBIT A
Classlflcatlons subJect to the MOD shall be as follows
Accountant
Admlnlstrative Analyst
Archltect
Ass~stant Domestlc Vlolence Counselor
Asslstant Planner
Assoclate Planner
civll Englneer
C1Vll Engineering Asslstant
Civil Englneering Assoclate
Conservatlon Coordinator
Cr1me Preventlon Coordlnator - SHO
Crlme Preventlon Coordlnator
DOffiestlc Vlolence Counselor
Env~ronmenta: Coordlnator
Envlronmental Programs Analyst - Hazardous Materlals Management
Envlronmental Programs Analyst - Resource Eff1c1ency
Employee Services Coordinator
Envlronmental Inspector
Farmer's Market Coordlnator
Lead Env~ronmental Inspector
Llablllty Clalms Adjuster
Llbrarlan I
Llbyar~an II
Llbrary Llteracy Program Coordlnator
Loss Control Officer
Netwoyk Admlnlstrator
Per~lt and ProJect Analyst
Personnel Analyst
Plar. Checklng Englneer
Prlnclpal Water Chem1st
Programmer Analyst I
Programmer Analyst II
Senlor Accountant
Senlor Administratlve Analyst
Senlor Personnel Analyst
Speclal Projects Englneer
Systems Admlnlstrator
Systems Analyst
Telecommunlcat10ns Analyst
Transportation Management Coordlnator
48
Transportation Management Specialist
Transportatlon Planner
Vldeo Tralnlng/Productlon Coordlnator
Waste Reduction Coordinator
Water Chem1st
Workers' Compensation Officer
Youth Servlces Counselor
49
WITNESS WHEREOF, the parties
of Understandlng to be
Ill'r; {.... r 1997.
ADMINISTRATIVE TEAM ASSOCIATES
, ~ ~
:; j,/ t", l' , (r1 . ~"--t-./
'-. ~ L. ,I. ", :' I ( .I '- '
...... ____< Ir" ___ '-' _ "'--\-'-;: ......'
Ka~en Plckett
Managing Director
p~~
1-111:f:~1 S'~u~
APPROVED AS TO FORM:
7iYI~ L&J jfi~u uf;~.
Marsha Jones Moutrle
Clt.y Attorney
hereto have caused thlS Memorandum
executed thlS / day of
MANAGEMENT OFFICIALS
CITY OF SANTA MONICA
Jo&~t~
Clty Manager
ATTEST:
~?L.~
City Clerk
- 50 -
Adopted and approved tills 11th of February. 1997
l
~
~1ayor
I hereby certify that the foregolllg ResolutIon 9120 (CCS) was duly adopted at a meeung
of the Cny CouncIl held on the 11 th of February. 1997 by the followmg vote
Ayes
Councllmembers
F elllstelll. Genser. Holbrook. Rosenstelll
;\oes
Councllm em b ers
"!\one
Abstalll
CounCllmembers
O'Connor
Absent
Councllmembers
Ebner. Greenberg
ATTEST
~~ - ~"^*-
Cny Cl~rk