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SR-12A (3) ~ II. r 1,.( 'A A l~ FER 1 1 1997 " , \ 'l ' 12. D - '-, l-. Ii .. "'-- \. 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 /.( ( 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 ~ 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 ~ 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