SR-111996-12A
PE:meastfrpt 96 bancroft pms
Council Meeting November 1 9, 1 996
1 ' 'A
NOV 1 ;, 1!8i
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 MUnicipal Employees ASSociatIon
INTRODUCTION
This report requests that Council adopt the attached Resolution authorlzmg the City
Manager to execute a Memorandum of Understanding (MOU) With the MUnicipal
Employees Association.
BACKGROUND
The current Memorandum of Understanding {MOU} With the MUnicipal Employees
ASSOciation expired on June 30, 1996. As per the terms and conditIons of the expired
MOU, negotiations With the MUnicipal Employees AssociatIOn to replace the expired
MOU commenced on April 30, 1996, and resulted In the attached MOU ThiS new
agreement was ratified by the membership of the MUnicipal Employees Association on
October 3, 1996
The agreement IS a two-year contract, WIth an eXplfatlon date of June 30, 1998i~h: J A
agreement provides for a cost of living Increase for FY96-97 and FY97-98, and zke~_ -..J
some other mmor economic and non-economic changes.
NOV f 9 1996
BUDGET/FINANCIAL IMPACT
Funds are already Included In the budget for FY96-97 to cover any costs associated
with this agreement.
RECOMMENDA TION
It IS recommended that Council adopt the attached Resolution authorizing the City
Manager to execute the attached MOU with the Municipal Employees ASSocIation
Prepared By: Karen Bancroft
'-meastfrpt 96-'
{
RESOLUTION NO 9101 (ecs)
(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 MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the City administratIOn and representatIves of the MUnicipal
Employees Association 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 C,ty of
Santa MOnica requires preparation of a wntten Memorandum of Understandmg
between the administration and employees If an agreement can be reached, and
WHEREAS, Section 2 06 of Ordinance No 801 (CCS) further provides
that any such Memorandum of Understanding shall not be binding unless and until
presented to the governing body for determination, and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperation, and understanding between
the City and the Municipal Employees ASSOCiation,
}
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 MUnicipal Employees ASSociatIon, 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:
iT,!::ares::.: 36"
~,
Adopted and approved this 19th of November, 1996
tJ~
Mayor
I hereby certify that the foregomg ResolutiOn 9101(CCS) \vas duly adopted at a meetmg
of the City CounCil held on the 19th of November, 1996 by the follo\vmg vote
Aves
Councilmembers
Abdo, Ebner, GenseL Greenberg. O'Connor, Rosenstem
:\oes
Councllmembers
None
:\bstam
C ouncIlmembers
None
A.bsent
Councllmembers
Holbrook
ATTEST
't..
~~ '~ut
Lity Jlerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MUNICIPAL EMPLOYEES ASSOCIATION
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
PAGE
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum of Understanding 4
1.02 Purpose 4
1.03 Term of Agreement 5
1.04 City Council Approval 5
1.05 Recognized Employee Association Name 5
1.06 Scope of Representation 5
1.07 Full Understanding, Modification, and Waiver 6
1.08 Management Rights Reserved 6
1.09 Peaceful Performance of City Services 7
1.10 Validity of Memorandum of Understanding 8
1.11 Captions for Convenience 8
1.12 Non-Discrimination/Harassment and
Equal Employment 9
1.13 Definitions 9
1.14 Overpayment Remedy 12
1.15 Payments at Termination 12
ARTICLE II: COMPENSATION
2.01 Effective Date of Salary Increase 14
2.02 Salaries 14
2.03 Overtime 16
2.04 Shift Differentials 17
2.05 Standby Pay 18
2.06 Skill Pay & Bonuses 20
1
2.07 Pay for Serving in a Higher Job Classification
2.08 Promotional Pay Rate
2.09 Y -Rating
2.10 Call Back Pay
2. 11 Report Pay
2.12 Pay for Training
2.13 Filming Assignments
23
24
24
24
25
25
26
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs
3.02 Retirement
3.03 Tuition Reimbursement
3.04 Deferred Compensation
3.05 Uniform Allowance
3.06 Tool Allowance
3.07 Mileage Reimbursement
3.08 Sick Leave Buy Back
3.09 Long Term Disability Insurance
27
29
29
31
32
33
33
34
35
ARTICLE IV : LEAVES
4.01 Holidays
4.02 Vacation Leave
4.03 Sick Leave
4.04 Leave of Absence Without Pay
4.05 Military Leave
4.06 Workers' Compensation Leave
4.07 Jury Duty
4.08 Bereavement Leave
4.09 Personal Leave Days
4.10 Parental Leave
4. 11 Family Leave
36
38
39
40
40
40
40
41
41
42
43
ARTICLE V: WORKING CONDITIONS
5.01 Safety & Loss Prevention
5.02 Performance Evaluations & Effect
of Job Performance on Salary
5.03 Effect of Reassignment/Recertification on
Skill/Bonus Pay
5.04 Employee Parking
5.05 Personnel Files
44
44
45
46
46
2
5.06 Job Sharing
5.07 Work Schedules
5.08 Layoffs
5.09 Promotion
5.10 Probationary Period
5.11 Wash-Up Period
5.12 Subcontracting
5.13 Transfers
5.14 Lunch Periods
5.15 Outside Activities
47
47
49
49
50
51
51
52
52
52
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deduction
6.02 Reasonable Notice
6.03 Association Security
6.04 Time Off for Association Business
6.05 Grievance & Complaint Procedure
6.06 Right to Association Representation
6.07 Disciplinary Action
6.08 Notification of New Hires
6.09 Joint Labor-Management Committee
54
54
54
55
56
60
60
62
62
EXHIBIT A -- REPRESENTED CLASSIFICA TrONS
64
EXHIBIT B -- TEMPORARY APPOINTMENTS
66
EXHIBIT C -- AGENCY SHOP
68
3
ARTICLE I:
GENERAL PROVISIONS
Section 1.01 Parties to the Memorandum of Understandina
This Memorandum of Understanding (MOU) has been prepared pursuant to the
terms of Ordmance No 801 (CCS) of the City of Santa Momca, whose lawful
provIsions are hereby Incorporated by reference as If fully set forth herem, and
has been executed by the City Manager on behalf of the City and by the
MUnicipal Employees Association, (hereinafter MEA), on behalf of employees
OCCupYing the line-Item position classificatIOns set forth In Exhibit A which IS
attached hereto and made a part hereof.
As of July 1, 1992, the Youth ServIces Counselor and Assistant Domestic
Counselor Job classifications will no longer be represented by MEA. However,
the Incumbents of those clasSifIcations as of June 30, 1992 will be given the
option of being "grandfathered" and thereby continue to be represented by MEA
and be covered by the terms and conditions of employment as set forth In this
Agreement and any subsequent Agreements, as long as that employee
continues to hold the position clasSificatIOn In question. If the "grandfathered"
employee's position should become vacant, the new mcumbent will be
represented by the bargaining Unit which became the Recogmzed Employee
Organization representing that position classification
In the event new Job classlflcatlon(s) are created, the MuniCipal Employee
Relations Officer, or the Director of Personnel as his/her deSignee, will notify
MEA prior to Personnel Board and City Council consideration of the new
clasSification speclflcatlon(s). No classificatIOns currently represented by MEA
shall be excluded from the UOlt dUring the term of thiS Agreement except
by mutual agreement.
Section 1.02 PurDose
The parties agree that the purpose of thiS MOU IS: to promote and provide
harmOniOus relations, cooperation and understanding between the CIty and
the employees covered herem; to provide an orderly and eqUitable means
of resolvmg differences which may anse under thiS memorandum, and to set
forth the full agreements of the parties reached as a result of meetmg and
conferring In good faith regarding matters within the scope of representation
for employees represented by MEA.
4
Section 1.03 Term of Aareement
This Agreement shall be effective as of July 1, 1996 and shall remain In full
force and effect until June 30. 1998. It shall be automatically renewed from
year to year thereafter unless either party shall notify the other In writing not
later than March 1 st of 1998 and each subsequent year that It desires to
terminate or modify thiS Agreement. and specifically indicates requested
modifications. In the event that such notice IS given, unless the parties agree
to start at a later date, negotiatIons shall begin no later than Apnl 15th With a
signed contract desired by July 1 st.
Section 1 .04 City Council Aooroval
ThiS Agreement IS of no force or effect whatsoever unless or until ratified and
approved by resolution duly adopted by the City Council of the City of Santa
MOnica.
Section 1.05 Recognized Emolovvv Association N~rn~
MEA IS hereby acknowledged as the Recognized Employee Organlzatlon
representing only the permanent employees occuPYing line Item positIOn
clasSifications set forth In Exhibit A (which IS attached hereto and made a part
hereof) pursuant to Section 3 04 (c) of Ordinance No. 801 (CCS) It IS the
mutual understanding of the parties hereto that acknowledgment of MEA,
as the Recognized Employee Organization:
A Does not preclude employees In such pOSition classifications from
representing themselves Individually In their employment relations With
the City.
B. Does not preclude or restnct the right of management officials to meet
and consult With employees In such pOSition classifications concerning
their employment relations WIth the City
Section 1.06 SeODe of Reoresentation
The scope of representation of the recognized employee organization shall
Include all matters relating to employment conditions and employer-employee
relations including, but not limited to, wages, hours, and other terms and
conditions of employment, except, however. that the scope of representation
5
shall not Include consideration of the merits, necessity, or organization of any
service or activity provided by law or executive order. The scope of
representatIon shall be exercised or performed In compliance with the prOVIsions
of Ordinance No. 801 (CCS) and Government Code Sections 3500-3510
(Meyers-Mlllas-Brown Act).
Section 1.07 Full Understanding. Modification. and Waiver
The parties agree that each has had full and unrestricted right and
opportunity to make, advance, and discuss all matters properly wIthin the
scope of representation as outlined In Section 2 05 of Ordmance No 801
(CCS). ThiS MOU constitutes the full and complete agreement of the
parties and there are no others, oral or written, except as specified In thiS
Agreement. Each party, for the term of thiS MOU, specifically waives the
right to negotiate for changes herein, and agrees that the other shall not be
reqUired to negotiate for changes herem, whether or not the subjects were
known to the parties at the time of execution hereof as proper subjects
within the scope of representation as outlined In Section 2.05 of Ordinance
No 801 (CCS).
The wages, hours of work and other terms and conditions of employment
covered by thiS MOU, Including those wages, hours of work and other
terms and conditions of employment In eXistence prior to thiS MOU, although
not specifically referred to In thiS MOU, shall constitute the wages, hours of
work and other terms and conditions of employment for the term of thIS MOU.
S~~tion 1 .08 Management Rights Reserved
The City retains all rights It had prior to thiS Agreement except those
rights specifically delegated by thiS Agreement; provided that the City shall
exercise those nghts In compliance with applicable State law, the CIVil Service
ProvIsions of the Municipal Code, the City Charter and the prOVISions of thIS
MOU.
The CIty retains all rights not specifIcally delegated by thIS Agreement,
including, but not limited to, the exclUSive right to:
A Direct, superVise, hire, promote, suspend, demote, diSCipline, dIscharge,
transfer, assign, schedule, and retam employees.
6
B. Relieve employees from duties because of lack of work or funds, or under
conditIons where continued work would be ineffiCient or nonproductive.
C. Determrne the services to be rendered. operations to be performed.
utilIzation of technology, and overall budgetary matters.
D DetermIne the appropriate Job classifIcations and personnel by which
government operations are to be conducted.
E Determine the overall miSSion of the Unlt of government.
F Maintain and Improve the effiCiency and effectiveness of government
operations.
G. Take any necessary actions to carry out the mission of an agency In
sItuations of emergency.
H Take whatever other actions may be necessary to carry out the wishes
of the public not otherWise speCified above or by collective agreement.
Section 1 .09 Peaceful Performance of City Services
It IS mutually understood and agreed that partiCipation by any employee In a
strike or a concerted work stoppage terminates the employment relationship In
the absence of speCifiC written waiver of such termination by an authorized
management official.
A It IS further understood and agreed that none of the parties hereto Will
partiCipate In or encourage, assist or condone any stnke, concerted work
stoppage, cessation of work, slow-down, Sit-down, stay-away, Illegal
pIcketing or any other Illegal form of Interference wIth or Irmltatlon of the
peaceful performance of City services.
B. In the event that there occurs any stnke, concerted work stoppage,
cessation of work, slow-down, Sit-down, stay-away, illegal picketing or
any other illegal form of Interference with or limitation of the peaceful
performance of City serVices, the City, In addition to any other lawful
remedies or dlsclplrnary actions, may by action of the City Manager, upon
twenty-four (24) hours notice, cancel any or all payroll deductions,
prohibit the use of bulletin boards, prohibit the use of City facIlities, and
prohibit access to former work or duty stations.
7
C. The protection of the public health, safety and welfare demands that
neither the employee organization, nor any person acting In concert with
them, will cause, sanctIon, or take part In any strike, walk-out, sIt-down,
slow-down, stoppage of work, Illegal picketing, retarding of work,
abnormal absenteeIsm, wIthholding of serVices, or any other Illegal
Interference with the normal work routine The prOVISions of thiS article
shall apply for the same term as thiS Agreement, or dUring any renewal
or extension thereof. VIolatIon of any provIsion of this MOU by either
party shall be cause to terminate thiS Agreement, In additIon to whatever
other remedies may be available under the law or In equity.
D. The City agrees that there shall be no general lock-out of bargaining Unit
members dUring the term of thiS Agreement, or during any renewal or
extension thereof. Both parties agree to exercise good faith In complYIng
with all the terms and conditions of thiS MOU
Section 1.10 Validitv of Memorandum of Understandina
- -
If any provIsion of thiS MOU IS determined to be Invalid or Illegal by a court of
competent JUriSdiction, then such prOVISion shall be severed from thiS MOU,
but the remainder hereof shall remain In full force and effect. The parties
hereto shall immediately commence to, In good faith, negotiate for the
purpose of replacing any such invalid or Illegal provIsion
Should any change be made In any Federal or State law, or In any rules and
regulations Implementing such legislation, or In any City Charter provIsion
which would be applicable and contrary to any provISIon herein contained, then
such prOVISion of thIS MOU shall be automatically terminated, but the
remainder of thiS MOU shall remain In full force and effect. Such legislation
and/or rules and regulations shall supersede thiS MOU and applicable clauses
shall be substituted for those ruled invalid or Illegal. The parties hereto
shall Immediately commence to negotiate for the purpose of replacing any
such Invalid or Illegal prOVISion.
Section 1.11 Caotions for Convenience
The captions herein are for convenience only and are not a part of the MOU
and do not In any way limit, define, or amplify the terms and provIsions hereof.
8
Section 1.12 Non-Discrimination/Harassment and Eaual EmDlovment
- --
It IS agreed by both parties to this MOU that they will fully comply with all
applicable local, State and Federal Jaws, rules and regulations
prohibiting diSCrimination and governing equal employment opportunity.
The Affirmative Action Program and the Sexual Harassment Policy of the City
of Santa MOnica are affirmed by both parties to this MOU and Incorporated by
reference herein. Both parties also agree to abIde by the requirements of the
Americans with Disabilities Act (ADA).
Every City employee IS expected to respect the dignIty of every other City
employee and to refrain from any actions, Including the use of slurs or Jokes
regarding sex, age, race, national Origin, religion, disability or sexual
preference/orientation which could be construed as harassment. Verbal or
phYSical harassment of fellow employees IS a violatIon of City policy. No
employment decIsion shall be made based upon an employee's submiSSion
to or rejection of such conduct. Any employee who believes that he/she IS
the Victim of such harassment or discriminatIOn may file a complaint In
accordance with the procedure outlined In Section 6.05 (Grievance and
Complaint Procedure) of thiS Agreement.
Complaints involving an appointed offiCIal of the City, Including the CIty
Manager, City Attorney or City Clerk, may be made In writing to the City
CouncIl.
Complaints of a sensitive nature, including complaints involving sexual
harassment, may bypass any step of the grievance procedure which Involves a
supervisor or manager whose conduct IS the subject of the complaint.
Section 1.13 Definitions
The follOWing definitions are to be applied In the interpretation of this MOU:
A "Salary Range" shall mean the normal five-step (A through E) hourly
or monthly pay scale (and the bl-weekly eqUivalent) assigned to each
employment pOSition claSSification Within the City work force.
B. "Salary Range Steps A through D" shall mean and be establtshed to
bear the follOWing percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progression through the range
toward E-step shall be In annual step Increments contingent on
satisfactory service.
9
Step A - 81 % of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 100%
C "Nearest Dollar" shall mean the next lower dollar In a monthly rate
when the computed amount IS fifty (50) cents or less and the next higher
dollar when the computed amount IS fifty-one (51) cents or more.
D "Line Item Position" shall mean a position which IS specifically Itemized
In the personnel schedule of the annual budget of the City of Santa
MOnica.
E "Permanent Employees" shall mean
(1 ) A person who IS legally an Incumbent of a hne-Item position, full
or part-time; or
(2) A former legal Incumbent of a line-Item position on authonzed
leave of absence from a regularly budgeted pOSition which posItion
IS held pend 109 the employee's return.
The term "permanent employee" shall not be construed to Imply
a guarantee of continued employment. However, no permanent
employee shall be denied the nght to those due process
protections appropnate to their status under the Santa MOnica MUnicipal
Code and City Charter and applicable State law.
F. 11 Date of Entrance Anniversary" shall mean the date which recurs
annually after the date of entry Into a hne-Item position In the classified
service of the City of Santa Monica, either by onglnal employment,
reemployment or promotion. The date of entrance for employees with
broken service shall be considered as that date on which the last
unbroken service In the classification was effective.
G. "Satisfactory Service" shall mean the attamment of an Overall
Performance Ratmg of not less than "Satisfactory" on the
performance report associated wIth the employee's most recent date
of entrance anniversary.
H "Full-Time Work Week" shall mean forty (40) hours wlthm the seven (7)
consecutive days (I.e., seven consecutive 24-hour periods) established as
the work week for the affected employee{s).
10
(1) Incumbents of Job positions employed In a work week less than
that defined as the full-time work week shall be compensated In
that proportion of the compensation for full-time employment as
the number of hours budgeted for that pOSition bears to the full-
time work week. Incumbents of Job pOSitions employed In a work
week greater than that defined herein shall be compensated for
hours In excess of the full-time work week on the baSIS of and rn
accordance With the prOVISions of SectIon 2.03 (Overtime) herein
relating to overtime. Compensation shall Include base salary, and
any other compensation, including bonuses or skill pays, proVided
by this Agreement.
(2) Incumbents of line-Item positrons regularly working less than
the full-time work week shall accrue vacation, Sick leave and
other time off In the same ratio as the average number of hours
they work per week IS to the full-time work week for the position
occupied. Other fnnge benefits shall be prOVided to part-time
employees covered herein as If they were employed on a full-time
baSIS.
(3) For employees covered herein who hold permanent positions at the
Library, the full-time work week shall be defined as forty (40)
hours, Monday through Saturday, as scheduled by the City
Llbranan or his/her deSignated representative. Sunday work shall
be compensated at the rate of time and one-half (1-1/2) the normal
hourly rate. It IS the Intent of the City to assign Sunday work on
a volunteer baSIS. However, In the event there are not enough
volunteers to staff the Sunday work at the Library, said work will
be assigned on an eqUitable baSIS among employees
J. "Pay" shall mean compensation received for regular hours worked, Sick
leave, bereavement leave, vacation, holrdays, compensatory time off
and/or Jury duty.
J. "In Pay Status" shall mean earning pay.
K. "Completed Calendar Month of Service" shall mean a calendar month In
which an employee has been In pay status for eleven (11) or more
working days.
11
L. "Workmg Day" as used In the sectIons of this Agreement pertaining to
vacation accrual (Section 4.02) and sick leave accrual (Section 4.03)
shall mean eight (8) hours.
M "Compressed Work Schedule" shall mean a work schedule m which a
full-time employee IS assigned to work a total of eighty (80) regularly
scheduled work hours In nine (9), or less, days In a given two-week (I.e.,
two work week) penod.
N. "Servlce Date" shall be the employee's most recent date of employment
as a permanent employee With the City of Santa MOnica. Unless
prohibited by the Family Medical Leave Act, or similar state and/or federal
legislation, the employee's service date shall be adjusted for unpaid
leaves of absence which exceed thirty (30) calendar days, With the
employee's service date being moved forward by the same number of
days as the unpaid leave of absence. In the event a permanent employee
separates from the City but IS rehired Within twelve (12) months, the
break In service between the last date of employment and the date on
which the employee IS rehired Will be treated as an unpaid leave of
absence for the purpose of establishing the employee's service date With
the City.
Section 1.14 OyerDayment Remedy
Permanent employees covered herein shall reimburse the City for any
overpayment of wages or benefits. Said reimbursement shall not be
reqUired until the City notifies the affected employee In writing If the
overpayment was not the result of fraud or misrepresentation by the employee,
the overpayment shall be reimbursed by payroll deductions over a time penod
equal to the time penod that overpayment was made, or by any other
reasonable repayment method mutually acceptable to the City and the
employee. If the overpayment was the result of fraud or
misrepresentation, the overpayment shall be reimbursed by Immediate lump-
sum payroll deductlon(s). In any event, a lump-sum deduction shall be
reqUired If the next subsequent employee payroll warrant IS the final or
termination warrant Issued to the affected employee.
Section 1.15 Payments at Termination
When permanent employees covered herein leave the service of the City of
Santa MOnica, they shall be entitled to lump sum payoff of vacation days and
12
any unused compensatory time. No claim shall be made against the City for
the use or payoff of unused SIck leave, nor shall the effective date of
termination be extended by use of compensatory tIme, sick leave, vacation or
personal leave days
13
ARTICLE II : COMPENSATION
Section 2.01 Effective Date of Salarv Increase
A. All negotiated pay mcreases and salary related benefit Increases
specifIed m this MOU shall become effective on the first day of the
pay period closest to the date stated In Section 2.02 (Salaries) hereof,
except that when such date falls on the Sunday In the middle of a pay
period, mcreases shall become effective on the first day of the pay
period Immediately following said effective date.
B. Periodic (step or ment) pay Increases shall become effective on the first
day of the pay penod In which they are due.
Section 2.02 Salaries
Salaries of permanent employees covered herein shall be on a monthly rate, paid
on a bl-weekly equivalent baSIS. In lieu of the bl-weekly eqUivalent to a monthly
rate, the City Manager may fiX the compensation of any pOSition at an hourly
rate In positions for which the work week IS forty (40) hours, the hourly
eqUivalent shall be determined by dividing the bl-weekly rate by eighty (80)
Normally, a new employee Will be placed at the A-step of the salary range
established for the pOSition for which he/she has been hired. However, the City
Manager, In exceptional cases, based on specific appraisal of the difficulty of
the work, the new employee's prior salary hIstory and the experience and ability
of the person to be employed, may authOrize entrance salaries higher than the
minimum salary established for the positIOn. In no event, however, shall the
rate exceed the maximum rate for that class.
A. Effective July 1, 1996, the E-step salaries of employees covered herein
shall be Increased by two percent (2%).
B. Effective July 1, 1997, the E-step salaries of employees covered herem
shall be Increased by a mInimum of two percent (2%), OR, if higher, by
an amount equal to the percentage Increase In the "cost-ot-lIvmg" mdex
as measured by the Consumer Pnce Index (for Urban Wage Earners and
Clerical Workers, 1967 = 100) for los Angeles Anaheim-Riverside,
California, published by the U.S. Department of labor, Bureau of labor
Statistics, tor the base penod of Apnl, 1996 to April, 1997. However,
In no event shall said adjustment exceed four percent (4%).
14
The only exception to this cost of hVlng prOVISion would be In the event
a higher percentage salary Increase (also known as cost of living
adjustment) IS granted to all employees of any other bargaining Unit by
the City of Santa MOnica for the FY97-98 fiscal year, excluding the Santa
MOnica Pollee Officers' Association (SMPOA) and the Santa MOnica
Firefighters Local 1109, IAFF In that case, employees represented by
MEA shall be granted the higher percentage salary Increase. In addition,
for the purposes of this prOVISion, an equity adjustment granted to a
specific job claSSification shall not be considered a salary Increase (also
known as a cost of JIVing adjustment)
C. A given classification covered by this MOU Will be eligible to receive an
equity adjustment proViding that the compensation study ~ conducted by
the City of Santa MOnica substantiates the need for an equity adjustment
to bring the salary range of that claSSification In line With the mean salary
paid to the same claSSification found In comparable Cities. The City Will
be Willing to receive and evaluate any salary comparison data that MEA
might want to make available regarding an equity adjustment for a given
claSSification. Should a compensatIOn study indicate that a given Job
claSSification IS currently being paid above the mean salary paid to the
same classification found In comparable Cities, the salary range for
current Incumbents In that claSSification will remain unchanged. The
salary range for all new hires In that job claSSification shall be set In
accordance With the results of the compensation study.
EqUity adjustments deSCribed herein Will be conSidered on an annual
baSIS, either as a part of the annual budget process If no MOU
negotiations should be occurnng dUring the year In question or as a part
of the MOU negotiations process should the MOU be up for negotiations.
Like any other salary Increase, eqUIty adjustments Will be subject to the
approval of the City CouncIl.
D An employee covered by thiS Agreement may request that a claSSification
study be conducted for his/her pOSition to determine whether or not the
pOSitIOn IS claSSified correctly A request for a claSSification study shall
be submitted by no later than December 1 st for conSideration In
conjunction With the next fiscal year's budget. The Personnel Department
shall conduct the claSSificatIOn study and make their recommendation to
the City Manager, whose deCISion shall be final.
The reclaSSification of a pOSition to a lower level job claSSification would
not be conSidered to be a demotion and would not be appealable to the
Personnel Board. In the event a pOSition IS reclaSSified to a lower level
15
.
Job classification, the salary of the mcumbent shall be V-rated until the
E-step salary of the new Job classificatIon equals or exceeds the Y -rated
salary.
Section 2.03 Overtime
For employees holding a budgeted IIne91tem position In a Job clasSification
covered by this agreement, the followmg overtime provIsions will apply:
Overtime for full-time permanent employees shall mean work In excess of the
employee's regularly scheduled work day or In excess of forty (40) hours In one (1)
week Overtime for permanent part-time employees who regularly work less than
eight (8) hours In one (1) day and forty (40) hours In one (1) week shall mean work
In excess of eight (8) hours In one (1) day or forty (40) hours In one (1) week
Overtime hours must have the prior approval of an authorized management official
For the purpose of calculating overtime, discretionary paid time off, defined as
vacation, personal leave (MOU days), floating holidays and/or compensatory time
off, shall not count towards the forty (40) hours Non-discretionary paid time off,
defined as all other paid leave time, shall count towards the forty (40) hours
In addition, if an employee IS reqUired to work on a holiday observed by the
employee's department or dIvIsIon, the employee shall be paid overtime for all hours
worked on the holiday In addition to holiday pay If the employee works on an
authorized holiday, the actual number of hours worked on the holiday shall count
towards the forty (40) hours for the purpose of calculating overtime for the work
week In the event a Communications Operator In the Pollee Department or Fire
Department IS reqUired to work overtime on an emergency baSIS, all paid leave time
shall count towards the forty (40) hours.
For employees covered herein who hold permanent pOSitions at the LIbrary, the full
time work week shall be defined as forty (40) hours, Monday through Saturday, as
scheduled by the City Llbranan or his/her deSignated representative Overtime shall
be paid for hours worked on Sunday It IS the Intent of the City to assign Sunday
work on a volunteer basis However, In the event there are not enough volunteers
to staff the Sunday work at the Library, the work Will be assigned on an eqUitable
baSIS among employees
o.
All authonzed overtime shall be compensated With cash payment based upon one
and one-half (1-1/2) times the hourly rate eqUivalent of the employee's monthly
salary computed to the nearest one-tenth of an hour Instead of cash payment, an
authOrized management departmental offiCial may grant compensatory time off at
the rate of one and one-half (1-1/2) hours off for such overtime provided that such
compensatory time off can be granted Within the fiscal year In whIch it IS earned
16
If compensatory time IS accrued and not taken by June 30 of any fiscal year, It Will
be paid to the employee at the rate earned
There shall be a reasonable effort to dlstnbute overtime eqUitably among employees
In the apphcable Job classification In an operational work group Addltlonal work
assigned to an employee, permanent or temporary (as-needed), which brings the
employee's total work hours to forty (40) hours for the work week will not be
considered an overtime assignment under thiS proVIsion If an employee beheves
he/she has been Improperly demed overtime assignments, such claims may be
processed through the grievance procedure
In order to supplement eight (8) hours of paid leave time for a regularly scheduled
work day compnsed of more than eight (8) hours, the employee Will have the option
of working the additional time required, on a straight-time basIs, dUring the
applicable seven-day work week, In order to receive a full day's pay for the day In
question Paid leave tlme would Include vacatIon, Sick leave or personal leave
days
In no event may an employee's work schedule be changed to avoid the payment
of overtIme unless the employee Imtlates the schedule change
Section 2.04 Shift Differentials
Shift differentials shall be as follows:
A. Seventy-five cents ($0.75) per hour for all hours worked on the shift for
employees whose regular schedule requires that the employee work at
least four (4) hours between 4:00 p.m. and 12:00 Midnight, subject to
Subsections C, 0 and E below.
B. Ninety (90) cents per hour for all hours worked on a shift for
employees whose regular schedule reqUires the employee to work at
least four (4) hours between 12:00 Midnight and 7 00 a m., subject
to Subsections C, 0 and E below.
C. If any employee qualifies under both Subsections A and B above,
Subsection B shall prevail.
D. Shift differentials are not applicable when scheduled hours are
compensated as overtime
E. Shift differentials are not applicable when the employee IS working
the above hours as part of a "split shift." "Split shift" IS defined as:
17
a shift of eight (8) or more hours In a single day, separated by a break
of at least three (3) non-working hours dUring the shIft. Such
employees shall be paid the applicable shift differential, established In
Subsections A or B above, only for the hours actually worked on that
shIft.
F. If, dUring the term of this Agreement, a higher night shift differential IS
prOVided by the City Council to any other bargaIning Unit, employees
covered herem shall receive the higher rate.
Section 2.05 Standby Pay
A. Regular Standby
An employee required to serve on standby duty shall be paId a bonus of twelve
and one-half percent (12 5%) of his/her base salary for those hours he/she IS
serving on standby duty. Employees who are required to use their personal
vehicles for standby response Will be compensated at the City's mileage rate for
miles actually dnven In response to a standby call. If the employee IS called In
to work, upon being notified to report to work, he/she Will no longer receive
standby pay and Will be compensated for hours worked at the appropnate
regular or overtIme rate If the employee should then go back on standby duty r
he/she Will receIve standby pay for the remaining hours he/she IS on standby
duty.
A JOint labor-management committee shall be established to review
standby pay and develop gUidelines which Will be used to administer the
standby pay prOVISion.
B. Court Standby
Whenever an employee has been placed In an on-call or standby status
while off duty In response to a subpoena or directive In relation to a
matter that arose dunng the course and scope of employment, the
follOWing shall apply
1 For (1) the first court session (either morning or afternoon) dUring
a calendar day and (2) the second court session dUring a calendar
day where the required court appearance IS In connection With a
different matter than was Involved in the first court appearance,
employees shall receIve compensation as follows
18
a. Employees who are off-duty for the entire period of the
court session shall receive an amount equal to three (3)
hours of compensation at the straight time rate.
b. Where the standby or on-call assignment commences within
three (3) hours prior to the beginning of the employee's
regularly scheduled work Shift, the employee shall receive
compensation at the applicable hourly rate of pay for all
time transpiring between the commencement of the standby
or on-call assignment and the time the regularly scheduled
work shift was scheduled to begin.
c The prOVISions of thiS Section shall apply If a standby or on-
eall assignment that IS scheduled to occur on an employee's
scheduled day off (Including, for example an approved
vacation) IS canceled less than twelve (12) hours In advance
of the time the assignment IS scheduled to begin
d. The provIsions of thiS Section shall not apply If a standby or
on-call assignment that IS scheduled to occur on an
employee's scheduled work day IS canceled any time prior
to the commencement of the standby or on-call status.
2. For the second court session In connection With the same matter
on that calendar day, the employee shall receive compensation on
an hour for hour basIs at the straight time rate.
3. Employees who are called Into court after having been In an on-call
or standby status shall be compensated as follows
a An employee who IS reqUired to appear In court dunng the
initial court session on a calendar day that the employee IS
placed In an on-call or standby status shall receive
appropriate premium overtime compensation as prOVided In
Section 2.03 of thiS Agreement as If the court appearance
began at the time the on-call or standby assignment
commenced.
b. An employee who IS In an on-call or standby status dunng
the first and second court sessions and IS reqUired to appear
In court dUring the second court session shall receive
straight time compensation for the first court session In
accordance With paragraph A.1 of thiS Section and shall
19
receive appropriate premium overtime compensation for the
second court session In accordance with paragraph C 1 of
this Section.
Section 2.06 Skill Pav &. Bonuses
The following prOVISions eXist for added payment for speCial work
assignments'
A. leBO Certificate -- BUilding Inspectors, Senior BUilding and Housing
Inspectors, Senior Electrical Inspectors and Semor
Plumblng/Mechamcallnspectors, shall receive an additIOnal $50.00 per
month If they receive an International Conference of BUilding Officials
certificate as a combinatIon Inspector. Semor Electrical Inspectors and
Senior Plumbing/Mechanical Inspectors shall receive an additional
$25.00 per month If they receive a certificate In their speCialty
from the ICBO Employees receiving such certificatIOn must
maintaIn certification to continue to quahfy for the bonus. Such training
or courses are subject to TUition Reimbursement
B. Scuba Dive Pay -- Whenever the Public Works Inspector IS required
to scuba dive In the course of assigned duties a skill bonus of
$45.00 per month shall be paid for any month dUring which the
employee has performed such diving. This benefit IS payable only If
annual recertification IS attained and If the employee has been assigned
to scuba dive.
Pier and Harbor Guards who are reqUired to scuba dive In the course of
assIgned duties shall be paid a bonus of $75.00 per month for any month
dUring which the employee has performed such diVing. ThIS benefit IS
payable only to Guards With valid SCUBA certification cards, including
regular recertificatIOn, and If the employee has been assigned to scuba
dive.
C Supervisory Differential -- A supervisory differential of 2.7% shall
be paId to employees who are assigned to regularly supervise other
employees In the same Job claSSificatIOn and who are not covered
under the terms of Section 2.07 (Pay for Servmg In a Higher Job
ClaSSifIcation) herein.
D Shorthand Bonus -- Where shorthand IS determined to be a bona-fide
reqUirement of a position In the Staff ASSistant Job senes, an additional
20
$50.00 per month shall be Included In the compensation of the mdlvldual
who holds the position and can take dictation at seventy-five (75) words
per minute. Recertification of this shorthand skill may be required from
time to time through examination administered by the Personnel
Department.
E. TYPing Bonus An employee occuPYing the classification of
Staff Assistant I, Staff Assistant II, Staff Assistant III, Staff
Assistant IV, Administrative Staff Assistant, or Transcnber Typist
whose tYPing speed exceeds that reqUired for the position by twenty (20)
words per minute or more shall receive an additional $50.00 per
month. An employee occuPYing the classification of Fiscal Staff
Assistant I or Fiscal Staff AssIstant II who, under the terms of this
section, was receiving a typing bonus as of June 30, 1994 shall continue
to receive said tYPing bonus as long as he/she holds the pOSition In
question and contmues to be recertified Recertification of this skill
may be required from time to time through examination administered
by the Personnel Department.
F. BIlingual Bonus -- Qualified employees who meet the crltena set forth
herein shall receive a bilingual skill pay of $50.00 per month. To
receive bilingual pay the following criteria must be met:
(1) The employee must be assigned to speak or translate a
language In addition to English. ThiS may Include speCialized
communicatIOn skills such as sign language.
{2l An employee must regularly utilIze such skills dunng the course
of his/her duties or upon request of City management.
(3) To become qualified, an employee must be certified as
qualified through examinatIOn administered by the Personnel
Department.
(4) Recertification of thiS skill may be reqUired from time to time
through examination administered by the Personnel Department.
An employee who has not been certified and qualified and IS not
receIVIng bilingual skill pay WIll not be reqUired to utilize thiS skill except
on an occasional baSIS.
If an employee qualifies for bilingual bonus for Spanish and IS reqUired to
regularly use said skill dUring what are determined by the Personnel
21
Department to be emergency or emergency-related situations, he/she
shall receive an additIOnal $50.00 per month, for a total of $100.00 per
month. Any employee covered herein who, as of January 1, 1995, was
receiving $100.00 per month as a bilingual bonus for Spanrsh will
continue to receive the higher bilingual bonus as long as he/she IS eligible
to receive said bonus
G. Maintenance Workers and Sewer Maintenance Workers assigned to the
sewer crew for periods In excess of one month shall receive a bonus of
5.4% above their regular rate dUring the penod of such assignment. This
section supersedes the provIsions of ResolutIOn No. 3750B (CCS).
H. Sanrtatlon Truck Drivers and Recycling Workers assigned to one-person
trucks shall receive a $1.00 per hour bonus for all hours worked In such
assignment.
I. Motor Coach Cleaners, when reqUired to make road calls, Will receive a
bonus of .2 of an hour straight time pay for each road call.
J. A Water Treatment Operator who obtains a Grade III, Grade IV or Grade
V Water Treatment Operator certification from the California Department
of Health Services shall receive a bonus of $25.00 per month for each
certifIcation received.
K. A Staff AssIstant IV Incumbent who, as of June 3D, 1994, was receiving
an additional bonus of $50.00 per month which IS not covered by any of
the other bonus/skill pays listed In this section of the MOU, shall continue
to receive said bonus as long as he/she holds the same Staff Assistant
IV positIOn. In the event the Staff Assistant IV POSition In question
becomes vacant or the current recIpient of this bonus should obtain
another position In the City, Staff Assistant IV or otherWise, the bonus
will be eliminated.
L. EMT Bonus -- A Communication Operator who obtains an EMT-1 F.S
certificate or Los Angeles County Paramedic certification shall be eligible
for a bonus of $100.00 per month. In order to maintain this benefit, the
Communications Operator must maintain a current certificatIOn.
M Assignments to and from the bonus situations desCribed above are not
promotions or demotions as desCribed In the MUnicipal Code and are,
therefore, not subject to appeal to the Personnel Board.
22
Section 2.07 Pay for Servina in a Hiaher Job Classification
- -
When, In the determination of the department head, It IS necessary to assign
duties and responSibilities of a position classificatIon higher than those normally
performed by an employee due to the temporary absence of an employee In a
higher position classification, employees so assigned shall be compensated as
follows:
A. If the assignment IS temporary due to the vacation, sick leave or other
temporary absence of the employee In the higher classification, the
employee temporanly assigned shall be paid at the rate of an additional
seventy-five {75} cents per hour for all such hours assigned after the
employee works a minimum of two (2) consecutive work days In the
higher classification assignment, with payment retroactive to the first
day. The City shall not rotate employees In and out of the higher position
classification assignments In order to aVOId paYing said compensation.
B. If the position to be filled IS vacant and there IS no valid eligible list for
that position classification, the department head may temporarily assign
an employee who meets the minimum qualifications of the vacant
position. The employee shall receive the salary rate for the vacant
classification at the lowest salary step of the salary range established for
the higher classification which provIdes an Increase of at least five (5)
percent over his/her current salary rate.
If the department head elects to make an temporary appointment to a
vacant position, he/she shall abide by the rules and regulations regarding
temporary/acting appoIntments which have been adopted by the
Personnel Board to Implement the sections of the Santa MOnica MUnicipal
Code pertaining to temporary apPointments (Exhibit B)
C. If an eligible list eXists for the vacant pOSition, the department head shall
attempt to appoint an employee from the eligible list at the earliest
possible date, and the provIsions of thiS paragraph shall be applicable to
the employee assigned to cover the vacancy In any interim penod.
D. Nothing In thiS section shall require the City to make temporary
assignments of employees.
E. Assignments to and from the situations described In thiS section are not
promotions or demotions as descnbed In the MUnicipal Code and are,
therefore, not subject to appeal to the Personnel Board.
23
Section 2.08 Promotional Pay Rat'
If a permanent employee covered herein IS promoted to a position In a higher Job
classification, the employee's salary shall be set at the salary step In the salary
range established for the higher Job clasSification which provides a minimum five
(5) percent salary Increase, provided, however, that In no event shall the salary
rate exceed the maximum salary rate for the new classification.
A reclasSification of a permanent employee covered herein to a higher level Job
classification Will be considered a promotion and the employee's salary shall be
Increased to the higher salary rate m the new job classification which provides
a minimum five (5) percent salary Increase, provided, however, that In no event
shall the salary rate exceed the maximum salary rate for the new Job
classification.
Section 2.09 Y -Ratina
When a personnel action, (e.g., a demotion due to layoff or a reclassification)
results m an employee being placed m a Job classification which has a lower
salary range, the employee's salary Will be V-rated. "V-rated" shall mean the
maintenance of the Incumbent employee's salary rate at the level effective the
day preceding the effective date of the personnel action plaCing the employee
In the Job claSSification which has a lower salary range. The employee's salary
shall remain at such level until the salary range of the new Job
claSSification equals or exceeds the V-rated salary.
Section 2.10 Call Back Pay
Should the City call back any full-time employee covered herem before or after
his/her normal working hours to perform work, the City shall pay not less than
two hours of pay at time and one-half (1-1/2) the employee's base rate of pay
regardless of time actually worked as a result of being called back to work to
perform services for the City.
If there IS less than SIX (6) hours between the end of the call back penod and
the beginning of the employee's regularly scheduled Shift, the employee will
receive time and one-half (1-1/2) his/her base rate of pay for all hours worked
dunng the next regularly scheduled shift. However, If It IS determined by
management to pose a safety hazard to allow the employee to work his/her
regularly scheduled shift follOWing the end of the call back penod, management
24
reserves the right to not allow the employee to work. If the employee should
not be allowed to work hIs/her regularly scheduled Shift, the employee will not
be compensated for said shift. The employee, however, will have the option of
uSing applicable accrued leave time to cover the number of hours that he/she
would have been regularly scheduled to work on that shift.
An employee will be consIdered to have been called back to work and thereby
elrglble to receive call back pay as provided by this Section of the MOU If he/she
IS called back to work after the end of his/her regularly scheduled shift and the
report time for said call back occurs more than two (2) hours pnor to the
beglnntng of the employee's next regularly scheduled shift. If the employee IS
called and asked to report at a time that IS two (2) hours or less pnor to the
beginning of his/her regularly scheduled Shift, It will be conSidered to be an early
report and not a call back and, as such, the prov/slons of this Section would not
apply.
A Joint labor-management commIttee shall be established to review call back
pay and develop gUidelines which will be used to admlntster the call back pay
prOVISIon.
Section 2.11 ReDort Pay
Any regularly scheduled full-time employee who reports to work for his/her
normal work schedule, but IS released due to insuffiCient work, shall receive a
mlnrmum of four (4) hours work or pay. In the event that such employee works
In excess of four (4) hours, he/she shall receive eight (8) hours of work or pay.
The prOVISions of this section shall only apply /f the employee does not receive
notice not to report to work. This proVISion shall not be effective for time not
worked for disciplinary reasons or other normal leaves of absence. Actual hours
worked shall be used for the purpose of calculating overtime under Section 2.03
of this Agreement.
Section 2.12 Pay for Trainino
An employee covered herein who IS speCifically assigned by the supervisor to
train a new employee In the rules, regulations and procedures of the Department
and the duties of the new employee's pOSition, who may be expected to
communicate the new employee's progress to the supervisor, shall receive a
training bonus of seventy (70) cents per hour for each hour worked while so
assigned prOViding that the employee I s claSSification speCification does not
reference training or supervIsion/lead responsibilities. The tralntng assignment
25
shall be limited to two (2) consecutive work weeks unless authorization to
exceed two (2) work weeks IS given by the employee's Department Head. The
assignment to train a new employee will be given In writing and wllI be
submitted to the Personnel Department for processing.
It IS not the City's Intention to avord payment of thiS bonus where appropnate;
however, the bonus does not apply to Informal "mentor" relationships which
may evolve between veteran and new employees or to occasional requests to
orient a new employee to a piece of equipment or a procedure where the task
can be accomplished In a day or less. In addition, an employee assigned to train
a new employee who has been hired as a student Intern or as a temporary
employee under the CIty Youth Employment and Training Program will not be
eligible to receive the pay for training bonus.
SfitC'tion 2.13 Filmiml Assi~.mments
Employees covered herein who are assigned to perform duties for filming
companies filming on locatIon within the Santa Monrca city limIts shall receive
a minimum of eight (8) hours pay at overtime compensation for all hours worked
under the terms of Section 2.03. The parties hereto agree that the City may
Include as charges or fees to the filming company administratIve overhead
costs. Such assIgnments are expressly conditioned upon the filming company
agreeing to pay to the City all costs for and relating to the assignment of such
employee Including, but not limited to, worker's compensation Insurance
premiums for the purpose set forth In thiS Section. Employees shall have the
fight to volunteer for thiS assIgnment by causing their names to be placed on an
availability list. Assignments shall be made from the list on a rotating basIs to
employees who are qualified to perform the duties required for the filming
assignment. However, If an insufficient number of volunteers are available from
that list to serve a particular proJect, the City may assign any qualified
employee(s) who are Willing to work such proJect. The Pollee Department shall
supply the necessary two-way radiO communrcatlon between the employee and
the Pollee Station and transportation from the station to the filming sIte.
Subject to the provIsions of thIS Section, the administration of thiS program shall
be performed by the City at ItS discretIon and thiS Section shall be promulgated
as Police Department rules and regulations Employees who are gIven filming
assignments shall receive a bonus of $50.00 for each day assigned to movie
overtime.
ThiS prOVISion of the MOU shall only apply to employees represented by MEA
as long as employees covered by the Santa MOnica Police Officers' Association
(SMPOA) MOU are eligIble to receive thiS benefit.
26
ARTICLE III : SUPPLEMENTAL BENEFITS
Section 3.01 Health Insurance Proarams
A. Medical Insurance
Effective July 1, 1996, the City agrees to pay up to a maximum of
$475.00 per month towards the cost of medical Insurance coverage for
employees and eligible dependents provided that employees covered
herein participate In the City-offered medical Insurance programs. The
cost of medical Insurance coverage will be set each January 1 st and Will
be a "composite" monthly Insurance premium derived by dividing the
total monthly Insurance premium for all medical plans offered by the
City, except the PERS medical plans, by the total number of
employees enrolled In said medical plans as of January 1 st. Any extra
payment required under such plans shall be paid by the employee
electing such coverage.
Effective July 1, 1997, the maximum amount up to which the City
agrees to pay towards the cost of medical Insurance coverage Will be
equal to the highest medical Insurance premium contribution cap
established for any of the City's other bargaining Units, excluding any
premium contnbutlon cap established for bargaining Units who partiCipate
In the PERS medical plans The same terms and conditions outlined In
the first paragraph of this Section Will stili apply.
In the event that the contnbutlOn "cap" does not cover the cost of
medical Insurance coverage for employees and eligible dependents, the
City agrees to meet and confer with MEA. If the City wishes to
Implement changes In the current levels of coverage provided under
the City-offered medical plans, and If said changes are at the volition of
the City, the City must meet and confer with MEA. Any mandatory,
non-optional change{s} In coverage levels reqUired by medical Insurance
camer(s} Will not be subject to the meet and confer process.
The City and MEA agree that employees should benefit from any
premium savings which accrue from the Implementation of a new health
Insurance program (Tn pie Option Plan and Kaiser) In 1994. The follOWing
procedure will be utilized to determine savings, If any, and, In the event
of savings, how said savings Will be dlstnbuted:
27
(1) The actual medical Insurance premium costs for 1993 for non-
safety employees shall be compared against the City's actual
premium costs for the new Triple Option Plan and Kaiser for those
same employees.
(2) If there should be any premium savings between 1993 and 1994
each employee's share of the savings will be determined by
dIviding the total amount of the savings by the total number of
City employees (non-safety) participating In the City's medical
Insurance program. Each employee'S share of any savings Will be
paid to the employee by no later than March 1, 1 995 Prior to thiS
payment, the City Will meet and confer With MEA and the other
City bargaining Units to determine the method by which said
payment WIll be made (e.g., lump sum, contribution to deferred
compensation plan, etc ).
In the event the actual medical Insurance premiums for the Triple Option
Plan for 1994, and any subsequent calendar year, should be less than the
actual City medical Insurance premiums for 1993, the savings Will be
handled In accordance With the same procedure, outlined above, With the
payment being made to the employees by no later than March 1 of the
follOWing calendar year.
Should either the state or federal government pass legislation mandating
all employers to participate In a national or statewide health care plan, It
IS agreed that the City WIll meet and confer With MEA regarding the
Implementation of that legislatIon and the Impact that said legIslation WIll
have on mandatory subjects of the meet and confer process.
B. Dental Insurance
Dental Insurance coverage shall be proVided at no cost to employees
and their ehglble dependents provided that employees covered herein
partiCIpate In the CIty-offered dental Insurance programs.
C. ViSion Insurance
The CIty agrees to prOVide vIsion care Insurance, at no cost, to
employees covered herein. The City retains the right to select the
prOVider and to set the levels of coverage for said VISion care
Insurance plan. The City also retains the right to change the prOVIder
of said VISion Insurance plan and/or the level of benefits proVided
under that plan Without meeting and confemng.
28
Section 3.02 Retirement
The CIty IS a contract member of the Public Employees' Retirement System
(PERSL and It IS understood and agreed that such membership will be
maintained and the employee eligibility, classificatIOn, contributions, and
benefits are as prescnbed In the contract between the City and the Public
Employees' Retirement System heretofore approved by the Santa Monica City
Council
The City shall continue to pay on behalf of each employee covered by this
Agreement an amount equal to the Individual employee's share of the
required retIrement contnbutlons to PERS (I.e., 7% of the employee's
"compensation" as defIned by law) For the employee who was hired as an
ID Technician pnor to 1963 and who elected to be "grandfathered" Into the
Safety retIrement system, the City shall pay on behalf of that employee
an amount equal to the indiVidual employee's share of the required
retirement contnbutlon to PERS (I.e., 9% of the employee's
"compensation" as defined by law).
These payments are not Increases of salary and no salary range applicable to
any of the affected employees shall be changed or be deemed to have been
changed by reason of such payments; as a result, the City will not treat these
payments as ordinary Income and thus, will not withhold Federal or State
Income tax therefrom. The City's practice will be to report these
payments as being those of the employee so that they Will be credited to
the particular employee's indiVidual account with PERS and upon termination
will belong to the employee.
It IS agreed that If State and/or Federal procedures reqUire reporting of these
payments In any other manner, the parties Will observe the provIsions of Section
1.10 (Validity of Memorandum of Understanding) of this MOU.
Section 3.03 Tuition Reimbursement
The City and MEA agree that education and training may enhance an
employee's Job performance and prepare the employee for career
advancement within the City. To that end, the City and MEA encourage
employees to take advantage of City-sponsored training programs and the
tUition reimbursement program which prOVides an incentive to take courses on
the employee's time.
29
The employee and his/her supervisor should document objectives for
training and education dunng the annual performance review. These objectives
should form the basIs for selection of specific training seminars and academic
or technical courses dunng the course of the fiscal year.
In any ilscal year dunng the term of this MOU, employees covered herein
shall be entitled to training and tuition reimbursement on the follOWing basIs:
A. One (1) City-paid training course supported by performance
evaluation obJectives, to be scheduled at the Department's convenience
dunng work hours, either on or off-site. The cost of said training course
shall not exceed $100.00 unless the department approves It.
If an employee Wishes to take a particular training course that IS only
available either dunng a work shift or on a work day an employee IS not
regularly scheduled to work, reasonable efforts Will be made to
temporanly change the employee's work schedule so that he/she can
take the training course dunng work hours The City, however, Will be
under no obligation to change the employee's work schedule so that
he/she can take a particular training course If dOing so would result In the
payment of overtime, either to that employee or to another employee
If an employee beheves he/she has been unreasonably denied the
opportunity to take a training course which IS scheduled outside of the
employee's regular work hours, he/she can file a gnevance In accordance
With Section 6.05 (Gnevance and Complaint Procedure) of this
Agreement.
B Notification to employees of special City-conducted classes held In
conjunction With examinations for non-traditional Jobs. These classes
may be scheduled dunng work or non-work time.
C Reimbursement of up to $1,000.00 per fiscal year for educational
courses supported by performance evaluation obJectives, and related
study matenals {exclusive of parking, room and board} on the
follOWing basIs:
(1) The course must be approved by the Department Head and
Personnel Director and must be consistent With the career
development objectIves of the employee's most recent
performance evaluation
30
(2) The study course must be directed to qualification for an
employment position represented In the City work force or to
enhancement of the employee's current Job performance.
(3) The employee must exhibit some reasonable expectation of
qualifYing for another City position upon successful
completIon of the study course If that was the reason for
enrollment.
(4) Reimbursement shall be made only In Installments upon
successful completion of prescribed units of study required by
study course approved.
(5) In the event a portion of the tUition and study matenal IS paid
by an outsIde source of aid, the City's reimbursement shall be
lImited to the difference between the cost of the course less
the amount of outside aid up to the maximum reimbursement
herein provIded.
(6)
Only employees
probationary penod
program.
who have completed theIr Initial
with the City shall be eligIble for thiS
(7) Courses for which tUition reimbursement will be made must be
taken on the employee's tIme or on authonzed vacation leave.
(8) The procedure to be followed with regard to the administration of
the tUition reImbursement program shall be established by the
Personnel Department.
D. The City will maintain a computer record of each employee's training
and tUition reimbursement course completions, which record shall
be made available to the employee for use In making application for
other City positions
Section 3.04 Deferred Comoensation
11 IS hereby agreed that employees covered herein will be offered participation
In the City's deferred compensation plan.
As of 7/01/95, the City agrees to contnbute, on behalf of each employee
covered herein who IS participating In the plan, the amount the full-time
31
participating employee IS contnbutlng to the plan except that the City's
contnbutlon to the plan shall not exceed twenty-five dollars ($25.00) per month
for each participating employee Each part-time employee shall be eligible to
receive said deferred compensation plan contnbutlon by the City on a pro-rata
basIs In the same proportion as the number of hours budgeted for the part-time
posItIon bears to the full-tIme forty (40) hour work week.
Section 3.05 Uniform Allowance
A. Each regular full-time or permanent and continuing part-time employee
covered by the provISions of thiS MOU, If required to wear a uniform and
such uniform IS not furnished by the City, shall receive a monthly uniform
allowance of $40.00, and shall provIde and wear at all times while on
duty the unlform prescnbed by their respective Department Heads.
In addition to the monthly uniform allowance described In the first
paragraph of subsection A above, the City shall provide one (1) new
Unlform each fiscal year for the follOWing Job classifications: Pier and
Harbor Guard, CommunIcations Operator II, Parking Checker, Community
Services Officer I, Community Services Officer II, Park Ranger, Animal
Control Officer, Airport Secunty Guard, Identification TechniCian I,
Identification Technician II and Jailer. Each new hire In any of these Job
classifications, upon appointment, shall be supplied one (1) complete
uniform and the eqUipment reqUired for the pOSition, as specifIed by
management.
B. Upon request, the City agrees to furmsh and maintain coveralls to those
employees who are reqUired to do work that may cause damage to theIr
personal clothing.
C Except for those employees receiving a Uniform allowance or coveralls as
provIded In A and B above, the City shall provide and maintain at least
nine (9) sets of any reqUired unlform and employees shall be reqUired to
wear such umforms at all times while on duty.
D. If an employee IS reqUired by the City to wear safety shoes, the City shall
provide not less than one (1) pair of safety shoes annually With said
safety shoes to be supplied by a City-designated vendor. In the event
that an employee's safety shoes become worn or damaged to such a
degree that they are no longer adequate from a safety standpoint, the
City shall provide another pair of safety shoes.
32
.
E. Employees who are required to wear uniforms while on duty shall wear
such uniforms at all times while on duty
Section 3.06 Tool Allowance
Employees occuPYing the line-Item Job clasSifications of Mechamc II, Mechanic I,
Transportation Mechanic II, Transportation Mechanic I, Welder Fabricator,
Carpenter, Electrician and Plumber may be reimbursed for tools required, as
determined by the City, for work performed for the City up to a maximum three
hundred dollars ($300.00) per fiscal year. Reimbursement will be made after
the employee submits necessary receipts to his/her supervIsor ~nd the
supervisor approves the reimbursement by requesting a warrant for payment.
If the City proVides the employee With all of the tools required to perform
his/her Job, as determined by the City, the employee will not be eligible to
receive a tool allowance.
In the event that the personal tools and/or tool boxes of the employees covered
by thiS Section which are required to perform their duties are destroyed by
earthquake or fire at the Job site or are stolen at the Job Site, the City agrees to
replace such Items. In order for thiS to occur, the employee requesting such
reimbursement must have on file In his/her supervisor's office a current
Inventory of his/her tools and tool box which are at the work site. The
employee IS responSible for proViding hIs/her supervisor With an up-to-date
Inventory of his/her personal tools and only those tools on the Inventory list, on
a tool for tool and on a brand for brand baSIS, will be subject to replacement by
the CIty under the provIsions of thiS Section.
Section 3.07 Mileaae Reimbursement
Reimbursement to employees for authOrized use of personal automobiles on City
bUSiness shall be at the rate established by the City CouncIl.
Santa Monica MUniCipal Bus Line tokens, to a maximum of twenty (20) tokens
per month, Will be prOVided to any employee covered hereunder who submits,
on the City mileage reimbursement form, a record of his/her tripS (home to work
Site, or work site to home) dUring the preceding month. The Santa MOnica
MUniCipal Bus Line route number and the bus number used for each trip must
be entered on the reimbursement form.
33
Any employee entitled to a City parking pass, who has not been Issued a City
parking pass, or who voluntarily turns In his/her parking pass, shall be eligible
to receive forty (40) tokens per month under the terms described above.
Section 3.08 Sick Leave Buv Back
Employees covered herern shall have the annual option to be paId for certain
unused sick leave on the terms noted below or to "bank" unused sick leave.
Payment at the employee's base salary for the fiscal year dUring whIch the
sIck leave was earned but not used, excluding any special assignment or
bonus pay, shall be made only to employees on the payroll as of June 30
of that fiscal year. To qualify for payment an employee must have a sick
leave "bank" of twelve (12) days. For the purposes of thiS Section, "bank"
shall mean sick leave earned rn prior years and reported In the "Sick Leave
Balance Brought Forward from Prior Contract Year" column of the
"Vacation, Sick Leave and Compensatory Time" report Issued by the
Frnance Department at the beginning of the fiscal year dUring which payable
SIck leave IS earned.
Annual Sick leave payoffs under thiS Section for employees With less than ten
(10) years of service shall be made according to the follOWing schedule
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual Sick leave payoffs under thiS Section for employees WIth ten (10) or
more years of service shall be made according to the follOWing schedule,
prOViding there are enough Sick days accrued In the employee's Sick leave bank
to cover the payoff desCribed below:
34
Sick Leave Days Used
In the Fiscal Year
SIck Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It IS mutually acknowledged by the parties that the use of Code 40 or other
paid time off which was not appropriately scheduled In advance will dlsqualrfy
an employee from eligibility for payment under this Section. There will be an
exception to this MOU prOVISIon for employees covered hereunder who work a
compressed work schedule. Employees assigned to work a compressed work
schedule will be allowed to use Code 40, or other paid leave time, including
vacation leave, compensatory time or personal leave day hours, to supplement
eight (8) hours of paid sick leave In order to receive a full day's pay for a SIck
day. The use of Code 40 or other paId leave time In this manner by an
employee assigned to a compressed work schedule will not disqualify the
employee from being eligible for Sick Leave Buy Back
SIck leave for which payoff IS received shall be considered "used" In that It
Will not be added to the "bank" (or If added to the "bank" prior to the payoff
date shall be removed from the "bank").
Section 3.09: Lona Term Disabilitv Insurance
- -
The CIty agrees to maintain a long term disability Insurance plan for permanent
employees covered hereunder at no cost to the employee. The long term
disability Insurance benefits Will be equal to 60% of either the employee's base
salary or $6,667.00 per month, whichever amount IS less, reduced by the
employee's Income from other sources.
35
ARTICLE IV: LEAVES
Sec~ion 4.01 Holid~y,
Employees covered herein shall receive paid holidays as hereinafter provided:
New Year's Day (January 1)
Martin Luther King's Birthday (Third Monday In
January)
lmcoln's Birthday (February 12)
Washington's Birthday (Third Monday In February)
Memonal Day (last Monday In May)
Independence Day (July 4)
labor Day (FIrst Monday In September)
Thanksgiving Day (Fourth Thursday In November)
The Fnday follOWing Thanksgiving
The half day Immediately before Chnstmas Day
Chnstmas Day
The half day Immediately before New Year's Day
One (1) floating holiday
All other holidays declared by City Council
In addition, the Library shall close by no later than 5:30 p.m. on the day before
the Thanksgiving holiday and the day before the New Year's Day holiday.
A floating holiday becomes available at the beginning of each fiscal year and
must be taken before the end of that fiscal year. Only those employees who
are on the payroll at the beginning of the fiscal year shall be entitled to receive
a floating holiday for that fiscal year. If taken off, a floating holiday must be
used In lieu of a regularly scheduled work day and cannot be taken off In hourly
Increments. A floating holiday not taken by the end of the fiscal year shall be
paid to the employee on the final paycheck at fiscal year end. A floating holiday
which IS cashed out at the end of the fiscal year shall be paid In an amount
equal to eight (8) hours at the employee's straIght-time base salary rate of pay.
Employees In departments or diVISIons currently obserVing different
holiday schedules shall, In [leu of the holidays listed above, receIve holidays
enjoyed by other operating employees In that particular department or diVISion,
prOVided, however, that the same number of holidays (12) shall be observed.
Whenever any day listed herein as a paid holiday falls upon the first or second
day off of any employee who has two (2) consecutive days off, the day
36
preceding shall be deemed the holiday If It falls on the first day off, and the day
following shall be deemed the holiday If It falls on the second day off In lieu
of the day listed.
Whenever any day hsted herein as a paid hohday falls upon the first, second
or third day off of any employee who has three (3) consecutive days off,
the day preceding shall be deemed the holiday If It falls on the first day off,
and the day follOWing the third day off shall be deemed the holIday If It falls
on the second or third day off In heu of the day listed.
Whenever any day hsted herein as a paid holiday falls upon any day off of an
employee who does not have two (2) consecutive days off, the follOWing day
shall be deemed the holiday for such employee.
Whenever any day listed herern as a paid holiday falls upon any day other than
Saturday or Sunday when a City facIlity (including department, divIsion or work
Unit) IS already scheduled to be closed to the public because of the adoption of
a compressed work schedule, employees who work at saId City facIlity Will
receive a floating holiday In heu of the day hsted as the paid holiday. ThiS
floating holiday cannot be accrued and earned over to the next fiscal year, and
the floating holiday cannot be cashed out at the end of the fiscal year ThiS
floating holiday must be taken by the end of the fiscal year In which It IS
granted to the employee or be forfeited.
Time worked on an authorized paid holiday shall be paid In accordance with
Section 2.03 (Overtime) of thiS Agreement.
Employees of the Solid Waste and Transportation Maintenance DIVIsions Will be
scheduled off duty on recognized holidays listed above whenever operational
staffing needs allow. As many employees as possible Will be scheduled off duty
and volunteers and as-needed (temporary) employees WIll be used to the extent
that they have the required Skills, but regular employees may be required to
work on holidays to meet the service needs of the public.
Employees of the Solid Waste DIVIsion who are required to work on holidays
listed above shall be paid according to the applicable overtime provIsion or have
the option of (1) requesting an alternate work day off wIthin the pay penod, or
(2) banking the day for use or payoff before the end of the fiscal year. The
approval of a specific alternative day off shall be at the discretion of the diVIsion
superintendent.
If an employee IS scheduled to work on a holiday and falls or refuses to appear
for duty, or calls In sick and cannot venfy the Illness with the appropriate
37
medical documentation, he/she will forfeit any compensation for the day,
Including holiday pay, sick leave pay, or other compensation.
Section 4.02 Vacation Leave
Each employee occupYing a regularly authorized Itne-Item position or a
permanent and continuing part-time position In any Job classification covered
herein shall accrue vacation leave with pay on the follOWing basIs:
A. FollOWing completion of the 1 st SIX (6) calendar months of continuous
serVice, SIX (6) workmg days
B. Thereafter, up to and Includmg five (5) completed years of serVice, one
(1) working day for each completed calendar month of service.
C Upon completion of five (5) years of servIce and up to ten (10) completed
years of service, 1 .25 working days for each completed calendar month
of serVice.
D. Upon completion of ten (10) years of service and up to fifteen (15)
completed years of serVice, 1.5 working days for each completed
calendar month of service.
E. Upon completion of fifteen (15) years of service and thereafter, 1.75
working days for each completed calendar month of service
F. A completed calendar month for which benefits herem shall accrue IS
defined as a calendar month In which the employee has been In pay
status for eleven (11) or more working days m that month.
G. Accrual of vacation leave shall not exceed forty (40) days
H. Except as prOVided herem, the administration or application of vacation
leave prOVIsions and the Itmltatlons on the accumulations, proportionate
accumulation, scheduling and payment for such leave shall be as
preSCribed In the CIVil Service provIsions of the Santa MOnica MUniCipal
Code.
38
Section 4.03 Sick Leave
A. The use of sick leave shall be defined as In Section 2.04.570 of the
Santa MOnica MUnicipal Code, hereby Incorporated as If set forth In full
herein, except as follows:
Sick leave shall be defined as absence from duty because of the
employee's Illness or off-the-Job Injury, exposure of the employee to
contagious disease as eVidenced by certification from an accepted
medical authonty, medical or dental appointments of the employee or the
employee's dependent children which could not be scheduled dunng non-
work hours, With proper advance notification to the employee's
superVisor, or Illness or Injury of any member of the employee's
household.
B. Each Incumbent of a hne-Item pOSition shall accrue Sick leave With pay on
the following basIs:
(1) Following completion of SIX (6) calendar months of continuous
serVice, SIX (6) working days. Thereafter, one (1) working day for
each completed calendar month of service.
(2) A completed calendar month for which benefits herein shall accrue
IS defined as a calendar month In which the employee has been In
pay status for eleven (11) or more workmg days In that month.
C No more than one hundred thirty (130) working days may be applied
against Sick leave for anyone (1) Illness.
D Any employee who IS absent because of Sickness or other phYSical
disability shall notify his/her Department Head or other Immediate
supenor officer as soon as pOSSible but In any event In accordance With
departmental rules and regulations
E. In the event that a Sick day falls on a regularly scheduled work day for
which the work hours exceed eight (8) hours, the employee will have the
option of working, at straight-time, the number of hour(s) needed to
supplement the eight (8) hours of Sick leave pay so that the employee
will receive pay for the total number of regularly scheduled hours for that
day. The extra time worked by the employee shall be worked dunng the
work week in which the Sick day falls.
39
Section 4.04 Leave of Absence Without Pay
An employee covered herein may be granted a leave of absence without pay
upon application approved by the Department Head and the City Manager.
A leave of absence may not exceed one (1) year's time. Upon expiration of the
leave, the employee shall be reinstated to the position held before the leave
was granted. Such leave shall be granted only In those cases where an
employee's record of service and qualifications make It desirable for the City
to retain his/her services even at the cost of some inconvenience to the City
Unless prohibited by the Family Medical Leave Act, or Similar state and/or
federal legislation, the employee's service date shall be adjusted for unpaid
leaves of absence which exceed thirty (30) calendar days, with the employee's
service date being moved forward by the same number of days as the unpaId
leave of absence. In the event a permanent employee separates from the CIty
but IS rehired within twelve (1 2) months, the break In service between the last
date of employment and the date on which the employee IS rehired will be
treated as an unpaid leave of absence for the purpose of establishing the
employee's service date with the City.
Section 4.05 Militarv Leave
The City will observe the military leave requirements of State and Federal law.
Section 4.06 Workers' ComDensation Leave
Any employee covered herein who IS receiving disability payments under the
"Workers' Compensation Act of California" (for on-the-Job injUries sustained
while engaged In the performance of the duties of any such City pOSition) shall
receive from the City dUring the first sixty (60) days of such disability absence,
payments In an amount equal to the difference between the disability payments
received under the Workers' CompensatIon Act and the employee's full salary.
Such payments by the City shall be made Without any deduction from accrued
Sick leave benefits. The City's obligation to make such payments shall not
commence until the third (3rd) day of such disability absence.
Section 4.07 Jurv Dutv
- -
Employees covered herein, when duly called to serve on any Jury and when
unable to be excused therefrom, shall receive the regular base compensation
40
less all Jury fees receIved excluding mileage for the time required to be spent In
court provided that an indIvidual employee will be so paid for Jury service only
once every three (3) years and shall make every effort to cooperate with any
request by the Department Head to request a delay In Jury service to
accommodate Important department work In progress. Each employee receIving
a notice to report for Jury service shall Immediately notIfy his/her Immediate
supervisor.
Whenever dally Jury duty scheduling permits, employees shall return to their
regular dally Job assignment to complete their regular dally work hours.
Where operationally possible, any employee covered herein called to Jury duty
shall, for adminIstrative purposes, be placed on a Monday through Friday
schedule, whIch Incorporates the operational hours of the court, for the duration
of his/her Jury duty.
In the event that either the State or Federal court system change current policy
which excuses from Jury service those employees who do not receive full
compensation from their employer dUring the full penod of Jury serVice,
regardless of frequency, the parties Will meet and confer over the Impact of thiS
change on employees covered hereunder.
Section 4.08 Bereavement Leave
Bereavement leave of not more than five (5) working days With pay shall be
provided for absence from duty due to the death of a member of the
employee's family or the employee's household. For the purposes of thiS
section, "famlly" shall Include spouse, Child, brother, Sister, parent, parent-m-
law, son-in-law, daughter-In-law, step-parent, step-brother, step-sister,
grandparent, grandchild, spouse of chIld, spouse of step-child, step-parent of
spouse, uncle, aunt, niece and nephew.
Section 4.09 Personal Leave Davs
Four (4) days of leave each fiscal year may be used for personal matters. ThiS
leave shall be granted In Units of not less than two (2) hours. ThiS leave
shall not be accruable from year to year If not used In any given fiscal year.
Scheduling of days off shall be done With prior approval of the employee's
superVisor, providing that request for time off shall not be unreasonably
denied. Denials of time off shall be In wntlng and shall state the reason(s)
41
for the denial and shall propose alternate dates for the time off that has been
requested The employee may agree to the proposed alternate date(s) or make
a request for a different day off. The employee shall not unreasonably refuse
to agree to proposed alternate date(s). The employee shall have the right to
challenge the denial of time off through the Grievance Procedure.
A paId personal leave day shall mean eight (8) hours at the employee's stralght-
time base salary rate of pay Employees covered hereunder who are on a
compressed work schedule Will be allowed to use personal leave days In Units
of less than two (2) hours for the purpose of supplementing eight (8) hours of
paId vacatIon or eIght (8) hours of sIck leave In order to receIve a full day's pay.
Personal leave days cannot be accrued from year to year If not used In any fIscal
year and, If unused at the end of the fiscal year, cannot be cashed out unless
the employee can demonstrate that he/she was unreasonably denied the time
off by his/her supervisor Refusal on the part of the employee to accept an
alternate day off would not constitute a denial of time off by a supervisor. If
an employee believes that he/she was unreasonably denied personal leave time,
he/she shall submIt a letter to the Personnel Department pnor to the end of the
fiscal year requesting that the unused personal leave time be cashed out.
Cash-out of the personal leave time shall be subject to approval by the
Personnel Department. Such approval shall not be unreasonably denied.
Section 4.10 Parental leave
Employees who demonstrate that they have pnmary responsibility for the
care of a new Child, shall be entitled to a leave of absence totaling up to four
(4) months ImmedIately follOWing the child's birth or adoption and shall be
returned to the same line-Item pOSition occupied prior to the leave upon
Its eXpiration. Paid vacation leave and Sick leave, If applicable, as well as
unpaId leave shall be counted toward the four {4) month total. Additional
leave may be requested under the prOVIsIons of SectIon 4.04 (Leave of
Absence Without Pay) of thiS Agreement.
Maternity leave IS not the same as parental leave and shall be administered
In accordance With State and Federal law. When an employee returns to
work follOWing maternity leave, said employee shall be reinstated to her
former pOSItion.
42
Section 4.11 Familv Leavv
The City hereby agrees to Implement family and medical leave In accordance
with the California Family Rights Act (CFRA) and the Federal Family and Medical
Leave Act (FMLA) for all employees covered herein. These statutes shall
supersede and be Implemented In lieu of any contract language or City
policy/practice which prOVides a lesser benefit.
Before the Issuance of any administrative procedures pertaining to leave under
the CFRA or FMLA, the City agrees to discharge Its meet and confer obligation
with MEA.
When granted family leave, the employee may choose to use available accrued
sick leave at his/her discretIOn.
43
ARTICLE V: WORKING CONDITIONS
Section 5.01 Safety & Loss Prevention
The CIty shall make every reasonable effort to provIde a safe and healthy
working environment In accordance with applicable State and Federal laws and
regulations. MEA agrees that where safety devices or Items of protective
equipment are required or furnished, their use shall be mandatory. Employees
shall report unsafe practices, equipment or conditions to their supervisors.
An employee who IS directed to perform a task which the employee has good
reason to believe IS unsafe may request an Immediate review by his/her
Department Head and the Personnel Director who shall consult with other safety
specialists as appropriate. DUring the period of review and lor investigation, the
employee shall not be reqUired to perform the task complained of, shall not
suffer loss of pay Of benefits, and, If possible, shall be assigned other
appropriate duties. If the task complained of IS deemed safe by the appropriate
offiCial, the employee shall then perform the work as Instructed.
Both parties to this MOU agree to fully support the City's Risk Control Policy.
Said poliCY sets forth the City's commitment to maintaining a safe and healthy
work environment, to preventing accidents and injUries and minimizing risk and
loss wherever possible. Said poliCY outlines the safety responsibilities of the
City, City managers and superVisors, and City employees.
Section 5.02 Performance Evaluations & Effect of Job Performance on Salarv
The parties hereto agree that one purpose of a performance evaluation IS to
record the accomplishments and deficiencies with regard to an employee's
performance which have previously been discussed by the employee and
supervIsor dUring the penod of time covered by the performance evaluation. In
addition, the performance evaluation IS an opportunity for the employee and
supervIsor to diSCUSS what Improvements, If any, must be made by the
employee dUring the next evaluation penod. It IS also an opportunity for the
employee and supervisor to set and diSCUSS goals and objectives for the next
evaluation period with regard to the employee's Job performance as well as
his/her career development within the City. In the event that an employee does
not agree with his/her performance evaluation, he/she can file a gnevance under
Section 6.05 {Grievance and Complaint Procedurel of thiS MOU.
44
Statements made In an employee's performance evaluation shall not be used as
a substitute for the documentation of disciplinary actions DiscIplinary actions,
including reprimands and warnings, which become a part of the employee's
official personnel file may be referenced In the employee's next performance
evaluation and may be taken Into account In rating the employee's performance
Should an employee file a grievance With regard to any disciplinary action which
has been taken, said diSCiplinary action cannot be taken Into account In the
employee's performance evaluation unless the grievance process has been
completed and the diSCiplinary action has become final.
Normal progression through the salary range established for a pOSition toward
E-step shall be In annual step Increments contingent on satisfactory service.
However, the City Manager, In exceptional cases, based upon speCifiC appraisal
of the Importance and difficulty of the work and the demonstrated performance
of the Incumbent, may authOrize speCial salary step Increases above the amount
preSCribed In the salary schedule for the class and length of service of the
Incumbent In no event, however, shall the rate exceed the maximum rate for
that class.
NotWithstanding any provIsion contained In thiS agreement, there will be no
Increase In wages of any kind as a result of a NOT ACCEPTABLE rating on the
employee's preSCribed periodic performance rating. There Will be no subsequent
Increases In wages until the NOT ACCEPTABLE has been Improved to at least
the SATISFACTORY level. Any overall rating In the BELOW SATISFACTORY
category may delay the next scheduled salary Increase at the discretion of the
appointing authority. Such action shall remain In effect until the overall rating
has been Improved to at least the SATISFACTORY level.
Section 5.03 Effect of Reassianment/Recertification on Skill/Bonus Pay
When a "bonus," "skill," or additional pay referenced In Sections 2.04 (Shift
Differentials), 2.06 (Skill Pay & Bonuses) or 2.07 (Pay for Serving In a Higher
Job ClaSSification) IS the result of assignment to speCified duties or
hours, or of maintenance of a registration, certificate or other credential,
the loss of the bonus, Skill, or additional pay due to the end of the
assignment or failure to maintain the reqUired regIstration, certificate or
credentIal shall not constitute a demotlon, pursuant to Section 2.04 680 of the
MUniCipal Code.
45
Section 5.04 EmDlovee Parkina
It IS hereby agreed that the City will make every effort to maintain free parking
as It presently eXists for City employees at City facilities. The employees
covered by this Agreement recognize that the City must comply with
Regulation XV Issued by the Air Quality Management District (AQMD) and
the City'S Transportation Management Plan Ordinance. If the use of positive
mcentlves does not result In the City meeting the compliance
requirements of AQMD's Regulation XV or the City's Transportation
Management Plan Ordinance, It IS understood that the City can Implement a
charge for employee parking In an effort to meet those requirements.
In addition, If It should become necessary to charge for parking dUring the
term of this Agreement In order to comply with any other State or Federal
requirement regarding transportation management, the City can Implement
said charge. However, In no event shall the City Implement such a charge for
parking without meeting and conferring with MEA should any employee(s)
represented by MEA be subject to such a charge
Section 5.0~ Personnel Files
A. The City shall maintain one and only one official personnel fIle for each
employee covered herein. Said file shall be kept In the City's Personnel
Department.
B All personnel actions shall be based solely on the contents of the official
personnel file except there shall be no reqUIrement that employee
counseling documentation be Included In said file until such time as
personnel actions relYing upon the employee counseling documentation
IS taken. The employee shall receive a copy of any counseling
documentation within five (5) work days of the date It IS Written. For
the purposes of this section of the MOU, personnel actions shall not
Include performance evaluations.
C. Nothmg herem shall preclude the appointing authority from taking
diSCiplinary action for an incident for which there IS no pnor
documentation provided that said action meets the requirements of
Section 6 07 (DIsciplinary Action) of thiS Agreement.
D. An employee covered herein shall be entitled to review the content of
his/her City or departmental personnel file at reasonable Intervals
provided that the employee schedules an appointment, at least twenty-
four (24) hours In advance, dunng the regular business hours of the
46
office In which the flies are maintained. No matenal shall be placed In an
employee's City or departmental personnel file without having been
shown to the employee An employee may prepare a wntten response
to any such matenal and such response shall be filed wIth the onglnal
matenal
Section 5.06 Job Sharina
The City of Santa MOnica endorses the concept of job shanng to encourage
the participatIon of half-time workers In the City. Department offiCials shall
make reasonable effort to accommodate an employee's request to job share.
Upon receipt of a request, the Department may assign the employee to a half-
time schedule, If practicable, pending Identification of a qualified IndiVidual
Willing to occupy the remaining half-time position. If after two (2) months,
reasonable effort to recrUit an indIvidual to occupy the other half~tlme position
has been unsuccessful, the employee who requested to Job share the position
must revert back to full-time status If he/she wishes to retain the position In
question
Nothing In thiS provIsion shall reqUire a Department to maintain a job-share In
a situation where a full-time position IS budgeted
An Incumbent of a job-share may return to a full-time schedule when the
other half-time position becomes vacant or by application for and
acceptance as a transfer to a vacant full-time position.
An employee who IS denied a job-share IS entitled to receive the reasons for
denial.
Section 5.07 Work Schedules
Except In the case of emergency, an employee shall be proVided with fifteen
(15) days advance notice of a change In his/her regularly scheduled work hours.
ThiS prOVIsion shall not apply to operational areas, where work schedules need
to remain fleXible In order to meet the operational needs of the City. The
operational areas/departments where work schedules Will need to remain fleXible
are as follows: Library, Event FacIlities, Recreation, Community and Senior
Services and Human Services.
Whenever a vacancy occurs, reasonable efforts shall be made to offer that work
assignment to other qualified employees who might Wish to work the work
47
schedule established for the vacant position. In the event more than one
qualified employee requests the work schedule change, the qualified employee
with the most senlonty will be granted the work schedule change. In the event
there are no volunteers, management will assign the least senior qualified
employee to that work schedule For the purpose of this section, senlorrty will
be based upon service In the divIsion or work Unit, whichever IS relevant.
Management shall determine which employees meet the qualIfications required
for the work assignment If an employee belIeves that he/she has been
Improperly denied such an assignment, he/she can file a gnevance In accordance
with Section 6.05 (Grievance and Complaint Procedure) of the Agreement.
In the event the City wishes to Implement a work schedule which was not In
effect for a given Job classification as of July 1, 1994, the City will provide
MEA with fifteen (15) calendar days' wntten notice of the proposed work
schedule The City, If a request IS made by MEA, will meet and confer with
MEA with regard to the manner In which the proposed schedule will be
Implemented Nothing In thiS MOU, however, shall preclude the City from
Implementing a new work schedule In the event the parties fall to reach
agreement by the end of the fIfteen (15) calendar day notification perrod. The
transfer of an employee from one work schedule to a work schedule that
already eXisted as of July 1, 1994 for that employee's classification shall not
be subject to the meet and confer process.
In those cases where a permanent employee desires to modify his/her work
schedule to accommodate specifiC scheduling needs of the employee (e.g.,
dependent care arrangements) that do not fall within the normal work schedule
established for the employee's positIOn, the employee shall submit a request for
a work schedule modification to his/her Department Head The employee's
request shall not be unreasonably denied by the Department Head as long as the
operational needs of the employee's divIsion/work unit Will stili be met. If It
should be later determined that the operational needs of the Department and the
City can no longer be met With the employee's modified work schedule, the
employee shall receive at least fifteen (15) days' notice that his/her modified
work schedule can no longer be continued In the event that the employee
cannot change his/her outside schedulIng needs to fit Within the regular work
schedule establIshed for his/her pOSition, the City Will make every reasonable
effort to place said employee In another like positIOn where the employee's
specifiC scheduling needs can be accommodated. While nothing In thiS Section
requires that the employee's modified work schedule be granted or that the
employee be transferred to a like position to meet the employee's outside
scheduling needs, requests shall not be unreasonably denied.
48
If an employee's request for a modified work schedule IS demed and If the
employee does not agree with the decIsion that has been reached, the employee
can grieve such decIsion under Section 6.05 (Grievance and Complamt
Procedure) of thIs Agreement. Failure to successfully transfer an employee
under this Section will not be gnevable.
Section 5.08 Lavoffs
ProviSions of the Santa Momca Mumclpal Code governmg layoff or abolition of
a permanent pOSition are hereby Incorporated In thiS Agreement by reference
MEA will be provIded With thirty (30) days' notice of the layoff of permanent
MEA employee(s) or of the abolition of posltlon(s) held by permanent MEA
employee(s). In the event that employee(s) represented by MEA are subject to
layoff or posltlon(s) represented by MEA are gOing to be abolished, the City will
meet and confer With MEA With regard to the proposed layoffs and/or abolition
of budgeted MEA posltlon(s). If the parties reach final Impasse, however, the
City IS not precluded from proceeding WIth the proposed layoff(s) and/or
abolition of positlon(s) held by permanent MEA employees.
Section 5.09 Promotion
If, upon promotion, an employee represented herein falls to satlsfactortly
complete his/her probationary pertod In the pOSition to which he/she has been
promoted, or dUring the probationary pertod Wishes to return to his/her former
pOSition, he/she shall have the rtght to return to his/her former pOSition, If
vacant, or to a comparable position In the same Job classification If a vacancy
eXists If an employee returns to his/her former pOsition or to a comparable
position In the same Job classification, the employee shall be placed at the same
salary step he/she had attained In that Job claSSification prtor to being promoted.
In addition, If an employee returns to his/her former position or to a comparable
pOSItion In the same Job classification, he/she Will not be subject to a new
probationary pertod. If no vacancy eXists, the employee Will have any
reappointment rights to his/her former position as proVided by the Santa Monica
MuniCipal Code (Section 2.04.450). A pOSition Will be considered to be vacant
If It has not been filled by another permanent employee hired specifically for that
pOSition.
49
Section 5.10 Probationary Period
Any appointment made from an eligible list shall be subject to a probationary
penod of SIX (6) months. However. upon the determination of the appointing
authonty, said probationary penod can be extended for up to two (2) additional
SIX (6) month periods. The probationary penod of an employee may be
extended by the appointing authority If:
A. A license, registration, or certification IS requIred before permanent status
may be granted, prOVided there IS a reasonable expectation that the
license, registration, or certification will be awarded dUring the extension.
B The employee has had a number of supervisors during the probationary
penod, none of whom can realistically evaluate the probationary
employee's performance.
C. The employee, or the employee's Immediate supervisor, was on leave for
a significant portion of the probationary penod.
D. The employee's probationary penod Involved work on a speCifiC project
which has not yet been completed, but which reasonably can be
expected to be completed dUring the extensIOn penod.
E. It IS necessary to complete background reference checks or sImilar
inVestigations, prOVided the employee IS performing satIsfactorily, and the
checks and investigations are expected to be completed dUring the
extensIon penod.
F. The employee's performance needs Improvement, but In the opinion of
the apPointing authority, can be expected to become satisfactory during
the extended probationary penod.
G. The appointing authority Identifies Job-related circumstances other than
those listed above.
If an appointing authonty determines that the extensIon of an employee's
probationary penod IS warranted, he/she shall submit to the Director of
Personnel, In wntmg, the reason(s) for extending the employee's probationary
period within ten (1 0) calendar days pnor to the expiration of the probationary
penod ThiS same provIsion shall apply to any six-month extension of the
probatIonary penod.
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No appomtee shall acqUire permanent cIvil service status until his/her
probationary penod has expired and unless pnor to the expiration of such penod
the appointing authonty of the appointee has recommended to the Personnel
Director, In wntlng, that the appointee be given permanent cIvil service status.
In the event the appointing authority falls to make such recommendation pnor
to the expiration of the probationary penod, the probationary appointee's
employment by the City shall terminate automatically upon the eXpiration of said
probationary penod. This same provIsion shall apply to any six-month extension
of the probationary penod.
If an employee covered herein passes a six-month probationary penod, said
employee would normally not be eligible for a salary step Increase until the
completion of one full year of service In that POSition, With said salary step
Increase being contingent upon satisfactory performance.
Section 5.11 Wash-Uo Period
The parties agree that employees covered by thiS MOU who perform phYSical
manual labor shall have a penod of time before the end of their shift to wash-up
and/or change clothes Therefore, each said employee shall be entitled to
fifteen (15) minutes Immediately before the end of each shift and five (5)
minutes ImmedIately before lunch for that sole purpose.
No employee covered herem shall stop work pnor to the last fifteen (15)
minutes of hls/her work Shift, and no employee Will be entitled to such fifteen
(15) minute wash-up time If wash-up and change of clothes IS not necessary.
The City shall determlne which posltlOn(s} Will be covered by thiS prOVISion. If
an employee believes that he/she should be covered by thiS proVISion, the
employee can gneve the denIal of a wash-up penod under Section 6.05
(Gnevance and Complaint Procedure) of thiS Agreement.
Section 5.12 Subcontractina
The City agrees that It Will prOVide MEA With thirty (30) days' notice of any
proposal to subcontract work ordlnanly performed by members of the bargaining
Unit. The City Will meet and confer With MEA on any known or anticIpated
layoff, demotion, reclaSSification or Involuntary transfer of employee covered
herem which might result from the proposed subcontracting of such work.
However, in the event the partIes reach final Impasse, the City IS not precluded
from proceeding With the proposed subcontracting of work ordlnanly performed
by members of the MEA bargaining Unit
51
:.
Section 5.13 Transfers
Whenever the Personnel Department actIvely recruits to fill a vacancy with a Job
clasSification represented by MEA, It shall post said vacancy Within the
department which has the vacant POSition. The vacancy shall be posted for
three (3) working days based on the work schedule In effect for CIty Hall.
There shall be no guarantee that all employees Within the department Will be
notified of a vacant pOSItion. It shall be each employee's responsibility to check
the bulletin board for the posting of the vacant position Within hIs/her
department. If there are employees In that department who hold a pOSition In
the same Job classifIcation and who Wish to be transferred to the vacant
pOSition, they shall complete a transfer request form and application and submit
It to the Personnel Department by the date the three-day posting of the vacant
position closes.
The Personnel Department shall provide the appointing authOrity a list of
employees Within the department who are Interested In transferring to the
vacant pOSition. However, the appointIng authOrity shall be under no obligation
to accept a transfer Within the department to fill the vacant position.
Interdepartmental transfers shall be conducted In accordance With the relevant
prOVISions of the Santa MOnica MUnicipal Code.
Section 5.14 lunch Periods
Employee lunch periods shall be conSidered duty free. If the City seeks to direct
the employee, or reqUIre that the employee prOVide services dUring the duty free
lunch period, the employee shall be compensated at the applicable rate of pay
for the period of time In question.
Section 5.15 Outside Activities
An employee represented by MEA may engage In part-time or occasional outSide
work, occupation or bUSiness activity for remuneration or profit, hereinafter
referred to as OutSide ActiVity, outSide of the employee's regular work hours as
long as such OutSide ActiVity Will not Interfere with the effiCient and effective
performance of the employee's duties With the City. The OutSide Activity must
be approved In advance by the Personnel Board on written recommendation of
the appointing authOrity. Each OutSide ACtiVIty request Will be reViewed
separately on ItS indiVidual merit. An OutSide ActiVity request Will be granted
52
or denied on the basIs of the cntena for approval/disapproval which are set forth
In Section 2.04.860 (Outside ActIVIties) of the Santa MOnica MUnicipal Code.
53
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
Section 6.01 Pavroll Deduction
It IS mutually understood and agreed that the City will, subject to the provIsions
of Ordinance No. 801 (CCS) and dUring the term of this MOU, deduct monthly
and remit to the office or officer designated In the employee payroll deduction
authorization Recognized Employee Organization dues, credit Union Investments
or payments, health and hospitalization Insurance premiums, and life and
accident Insurance premiums Any or all such payroll deductions are subject
to termination by the City Manager upon twenty-four (24) hours notice for
failure by MEA to comply With the prOVISions of thiS MOU.
Section 6.02 Reasonable Notice
Reasonable written notice as defined In Section 3504.5 California Government
Code shall be given on all matters requiring such notice under said Section.
Section 6.03 Association Security
A. Agency Shop
At the time MOU negotiations commenced With the MUniCipal Employees
ASSOCiation (MEA} bargaining Unit to negotiate thiS Agreement, whIch
has an effective date of July 1, 1994, MEA had demonstrated that It had
70% membership (based on the number of dues paYing members of MEA
In comparison to the number of MEA POSitions) for both MEA employees
and the former SEIU employees who are now represented by MEA As
a result, based on the terms and conditions of both the MEA MOU and
the SEIU MOU, the City granted Agency Shop to MEA for both groups
of employees. Both groups of employees now comprise a single
bargaining Unit called the Municipal Employees ASSOCiatIon.
The Agency Shop prOVISion IS subject to the terms and conditions set
forth In Exhibit C (Agency Shop). As long as the Agency Shop provision
IS In effect, employees represented by MEA Will be required to either
maintain active membership status In MEA or pay a service fee to MEA
for collective bargaining-related services prOVided by the ASSOCiation.
The one exception will be any MEA employee who certifies he/she IS a
member of a bona fide religiOUS body or sect which has historically held
54
conscientious objections to JOIning or financially supporting public
employee organizations. As long as MEA can demonstrate that It has
70% membership (which does not mclude service fee payers), the City
shall continue to grant Agency Shop to MEA.
Employees represented by MEA may elect MEA membership status or
service fee payer status as they see fit and may change such status from
one category to the other upon written notification to the City and MEA.
If, at any time, MEA membership, which does not Include service fee
payers, falls below 70% (based on the number of dues paYing members
of MEA In companson to the number of filled MEA positions), the Agency
Shop provISion Will be discontinued and the obligatIOn of MEA members
to pay MEA dues and non-members to pay a service fee to MEA Will
cease as of the beginning of the next payroll period The Agency Shop
provIsion, however, Will be reinstated should MEA membership once
more reach the reqUired 70% level. Such reinstatement shall be effective
With the next payroll penod follOWing the determination that the 70%
membership reqUirement has once more been met.
B. ASSOCiatIOn Lists
Within thirty (30) days after the date thiS Agreement has been ratified by
both parties and thereafter on request from MEA, the City shall give to
MEA one (1) copy of the list of employees In the MEA bargaining Unit
together With their most current addresses as they appear on the records
of the City of Santa MOnica. The MEA shall retain such Information In
confidence and disclose It only to those offiCials of MEA whose duties
reqUire them to have access to such Information.
C Hold Harmless Clause
MEA agrees to indemnify, hold harmless, and defend the City, at MEA
expense, against any claims, losses or judgements rendered against the
City from any laWSUit filed by an employee or group of employees by
reason of the operation of thiS section of the MOU.
Section 6.04 Time Off for Association Business
Ordinance No. 801 (eCS) establishes orderly procedures for the administration
of employer-employee relations between the City and MEA and for resolVing
disputes regarding wages, hours, and other terms and conditions of
employment The City has agreed to allow authOrized MEA representatives time
55
off with pay each fiscal year to conduct necessary aSSociation business and will
give special consideration to MEA representatives with regard to the scheduling
of unanticipated ASSociation business
Authorized ASSociation representatives shall be allowed to utIlize a total of two
hundred (200) hours of time off With pay dUring each fiscal year to conduct
necessary anticipated ASSociation business. These two hundred (200) hours
per annum represent the aggregate maximum use for all authOrized
representatives of the ASSOciation per annum, as opposed to two hundred (200)
hours per representative per annum. Prior to such usage, authOrized
Association representatives must receIve permission from the appointing
authOrity, or desIgnee, In writing All such time off shall be reported by said
Association representative to the Director of Personnel for accounting purposes.
The authOrized ASSOCiation representative shall provide his/her supervisor With
reasonable advance notice when It IS necessary for the MEA officer to attend
to Association business pursuant to thiS agreement. Time off to attend to
ASSOCiation business shall not be unreasonably demed. Demals of time off shall
be In writing and shall state the reason(s) for the denral. The MEA officer shall
have the right to challenge the denial of time off for ASSOCiation business by
submitting a grievance, In writIng, to the Director of Personnel. The Director of
Personnel shall Investigate and determine whether or not the request for time
off to attend to ASSOCiation business was unreasonably demed.
Section 6.05 Grievance & Com~laint Procedure
A. Grievances and appeals of non-probationary employees covered herein
which Involve removals, demotions or suspensions shall be subject to the
procedures outlined In Section 2.04.750 et.seq. of the Santa Monrca
Municipal Code, which shall constitute the sole administrative recourse
available under the terms of thiS MOU.
In the event the Personnel Board delegates the hearing of a disciplinary
appeal Involving a terrmnatlon, demotion or suspension to a Hearing Officer,
the Hearing Officer shall be selected from a list of names prOVided by the
Amencan Arbitration ASSOCiation (AAA) In addition, there shall be no
requirement that the Heanng Officer possess a law degree or be a member
of the California Bar The procedure for selecting the Hearing Officer from
the list prOVided by AAA shall be In accordance With the selection procedure
currently set forth In the Santa MOnica Municipal Code section pertaining to
the use of a Hearing Officer for disCiplinary appeals involVing terminations,
demotions and suspensions
56
B. All other grievances, including those involving performance evaluations,
shall be resolved In the following manner:
(1 ) Informal DIscussion
The aggrieved employee(s) IS encouraged to meet with the
Immediate supervisor to discuss the problem In an effort to clarify
the problem and to work cooperatively towards settlement.
(2) First Step
If the matter cannot be satisfactorily resolved within thirty (30)
days of the event giving rise to the grievance [or In the event that
the employee could not have known of the event giVing rise to the
grievance, within thIrty (30) days of learning of the event], the
employee, or MEA on behalf of employee, shall submit the
grievance In Writing, stating the nature of the grievance and the
deSired solution to the second level superVisor, If any.
The second level supervisor shall meet with the grievant and the
grievant's representatlve(s), If any, no later than the grievant's
fifth regularly scheduled work day follOWing presentation of the
grievance. Within five (5) working days follOWing such meeting,
the supervisor shall give a written deCISion to the grievant. If the
second level supervisor does not have the authonty to resolve the
grievance, It shall Immediately be forwarded to the Department
Head or the appropnate authonty.
(3) Second Step
If the gnevance IS not resolved at the first step, the gnevance may
be referred Within ten (10) days to the Department Head, who
shall meet With the employee and the representative In an attempt
to resolve the gnevance Within the grievant's fifth regularly
scheduled work day follOWing the receipt of the grievance Within
five (5) working days follOWing such meeting, the Department
Head shall give a wntten deCISion to the gnevant.
57
(4) Third Step
If the grievance IS not resolved at the second step, the grievance
may be forwarded within ten (10) days to the Personnel Director,
who shall meet with the employee and the representative within
five (5) workmg days followmg receipt of the grievance. The
Personnel Director shall make such investigation as required and
make recommendations to the City Manager no more than ten (1 0)
working days followmg the meeting with the employee and the
representative. Within twenty (20) calendar days thereafter, the
City Manager shall render a written decIsion, which shall be final.
If the grievance alleges a misinterpretation of a specific section of
thiS Memorandum of Understanding, MEA may request, follOWing
step two of the grievance procedure descnbed above, that the City
meet and confer In an effort to solve the dispute. If the dispute
remains unresolved after three (3) meetings or ten (10) work days,
per the work schedule In effect for City Hall, whichever occurs
first, a gnevance board shall be convened. Said board shall be
compnsed of one (1) representative of MEA, one representative of
the City and a thIrd who shall be a member of a panel proVided by
the State Mediation and ConcIliation Service The board shall
schedule a heanng as soon as practicable and shall Issue a wntten
deCISion Within thirty (30) calendar days of the conclUSion of the
hearing. In the event that the board falls to reach a unanimous
deCISion, the vote of the panelist from the State Mediation and
Conciliation Service shall be the tie-breaking vote. The deCISion of
the board shall be binding.
C. General PrOVIsions
(1) A grievance Will only be considered If It IS filed Within thirty (30)
calendar days of the event giVing rise to the gnevance or, In the
event that the employee could not have known of the event giVing
rise to the gnevance, Within thirty (30) calendar days of the
employee learning of the event
(2) All time periods In thiS Section may be extended by mutual wntten
agreement of the employee or his/her representative and the
management representative Involved.
58
.
(3) If a management representative does not meet wIth the gnevant
or render a decIsion within the time limits specifIed, the employee
may Immediately exerCise the next step In the gnevance process
(4) An employee who has Initiated a gnevance, or assisted another
employee In InitiatIng and/or processing a gnevance, or who has
testified at any heanng shall not In any way be coerced, hindered,
intimIdated, or dlscnmlnated against for exercIsing this right.
(5) For purposes of this Section, "days" shall mean regularly
scheduled work days of the affected employee(s) unless otherwise
specified
D Representation
(, ) Employees shall have the right to represent themselves Individually
In grievance matters, or to be represented by MEA.
(2) MEA shall notify the Personnel Director, In Writing, of Its
designated employee grrevance representatives and shall provIde
notifications of any change In such representatives. At the
Informal Step and Step " MEA representatives may represent the
grievant. At Step 2 and Step 3 and at any Personnel Board
heanng, MEA may also deSignate an outsIde representative to
represent the grievant or MEA.
(3) Reasonable time off without loss of payor benefits shall be given
to a gnevant or MEA employee gnevance representative to
investigate and/or process gnevances, and to witnesses In any
grievance meetings or hearing held dunng work hours.
Before performing grrevance work, MEA representatives, the
gnevant or witnesses shall obtam permiSSion from the Immediate
supervisor. When the grrevance work IS completed, the MEA
employees released under thiS Section shall return to work and
complete their aSSigned work shifts if the work shift has not yet
ended. Neither the gnevant nor the representatIve nor witnesses
shall Interrupt or leave work If the supervisor determines that such
interruptions or absence will unduly Interfere With the work of the
employee. However, If the supervisor denies such time off, time
off must be granted Within twenty-four (24) hours of such request.
59
Section 6.06 Right to Association ReDrvsentation
Employees covered herein shall have the nght to MEA representation at any
meeting With representatlve{s) of the City WhiCh, In the employee's OpiniOn,
may result In disciplinary actIOn.
SectiQn 6.07 DisciDlinarv Action
A. Permanent employees covered herein shall be subject to discipline only
for Just cause.
All disciplinary actions shall be based solely on the contents of the
employee's offiCial personnel file except that there shall be no
requirement that employee counseling documentation be Included In said
file until such time as further disciplinary action relYing upon that
counseling documentation IS taken, providing that the employee has
received a copy of said counseling documentation. ThiS does not,
however, preclude an apPointing authority from taking disCiplinary action,
up to and including termination, for an inCident for which there IS no prior
documentation as long as the disCiplinary action IS warranted and IS
based on Just cause. Statements made In an employee's performance
evaluation shall not be used as a substitute for the documentation of
disCiplinary actions.
ProgressIve disCipline Will be used With the disCiplinary action taken being
dependent upon the seventy of the Incident on which the dlsclplrnary
action IS based The seventy of the inCident, however, can result In the
Immediate termination of an employee even though there has not been
any prior disCiplinary action taken against that employee.
Two NOT ACCEPTABLE overall performance ratings will not result In the
automatic dismissal of the employee who received those ratings.
However, two (2) consecutive NOT ACCEPTABLE or BELOW
SA TISFACTORY overall performance ratings can result In diSCiplinary
action, up to and including dismissal, as long as there IS Just cause for
the diSCiplinary action berng taken.
MEA shall be copied on all wntten notices of diSCipline gIven to
employees represented by MEA. The written notice of diSCipline Will also
Inform the MEA employee that he/she has the nght to consult MEA With
regard to the diSCiplinary action being taken.
60
&
B. The followmg procedures shall govern the meetmgs between
MEA-represented employees and the Pollee Department Internal Affairs
DIvIsion. These procedures only apply where the allegations pertaining
to the MEA employee are of a non criminal nature. Allegations pertaining
to the MEA employee which Involve a criminal matter shall be governed
by the procedure used by Internal Affairs to investigate cnmlnal matters.
(1) Any time Internal Affairs requests to meet with the employee In
the MEA bargaining Unit, said employee shall be Informed of
his/her nght to have an MEA representative present and, If the
employee elects to be represented by MEA, he/she shall be
provided With a reasonable amount of time to obtain such
representation. The employee's MEA representative may
participate In the interview of the employee by Internal Affairs.
The MEA representative can adVise the MEA employee and provide
any information which he/she believes to be relevant to the matter
being investigated by Internal Affairs. The MEA employee will be
entitled to make any statement for the record which he/she
beheves to be appropnate All records pertaining to the subject of
the interview will be provided to the employee upon request.
(2) If Internal Affairs audio and/or video tapes the interview of the
MEA employee, the entire interview will be taped The MEA
employee and/or his/her representative may also tape the interview
or may request that Internal Affairs provIde the MEA employee
With a copy of the interview tape.
(3) No MEA employee will Involuntanly be subject to a polygraph
exammatlon. If the MEA employee agrees to a polygraph
eXamination, a wntten consent form containing the employee's
signature will be reqUired. Said consent form will also clearly state
the employee's right to MEA representation. If the employee
elects to be represented by MEA, he/she shall be provided With a
reasonable amount of time to obtain such representation.
However, the MEA representative will not be allowed to be present
In the exammatlon room dunng the actual administration of the
polygraph exammatlon. At the wntten request of the MEA
employee, a copy of the polygraph examination results, along With
any wntten report regarding the results of the eXamination, shall
be provided to the MEA employee.
61
C. Last chance agreements In lieu of dlsclplrnary action will only be used In
substance abuse cases or In the case of performance problems where
substance abuse has been Identified as a contributing factor.
Section 6.08 Notification of New Hires
It IS hereby agreed that the Personnel Department shall provide the MEA
President with the name of each permanent employee whose job title entities
him/her to MEA representation as soon as IS practicable after hire or transfer.
Section 6.09 JOint Labor-Manaaement Committee
A jomt labor-management committee shall be established for the purpose of
diSCUSSing employer-employee relations Issues that should anse dUring the term
of thiS Agreement. ThiS committee will not dISCUSS mandatory subjects of
bargaining and will not make changes to thiS Agreement Instead, thiS
committee will attempt to resolve any labor-management problems and lor Issues
that should arise dUring the term of thiS Agreement.
The JOint labor-management committee shall be compnsed of not more than SIX
(6) MEA representatives and not more than three (3) representatives from the
City's Personnel Department. City representatives from other departments may
be asked to attend on an ad hoc baSIS should Issues anse that need their
expertise andlor attention The Personnel Director, or his/her deSignee, shall
serve as the ChaIrperson of the committee.
ThIS committee shall meet not less than one (1) tIme per quarter during the
City'S fiscal year, With each meeting being held dunng the first month of each
quarter. Meetings can be held more frequently on an as-needed baSIS. SpeCial
meetings will be called by the commIttee Chairperson. MEA representatives can
request speCial meetings by contacting the ChaIrperson, who will make a
determination as to whether or not a speCial meeting IS warranted.
62
.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understandmg to be executed this .!J day of /le(P!1I1 6/~ 1996.
MEA BARGAINING COMMITTEE:
fl~
~--d:t- i( -1J~ --
Lee Noms, President
C{;- ~
~~
Ken Ward
~(~,~
Edward R. Purcell
labor Consultant
CITY OF SANTA MONICA
~,
JcVm Jallh
City Manager
Attest:
I&d~Lw
Criy- Cr8rk - (J
LABORIMOUIMEAMOU
5/18195
-' T_'~-:'~
Rene' NalJ.lQ.1t, Vice President
/l~f?~
~ello EnnqM'ez
/)
<
/' . _2: .A-;::
t- Bei,"LelvasC-
APPROVED AS TO FORM
~, ~
Marsha Jane;
City Attorney
63
EXHIBIT A
MEA CLASSIFICATIONS
ADMINISTRATIVE STAFF
ASSISTANT
AIRPORT ATTENDANT I
AIRPORT NOISE/OPERATIONS
COORDINATOR
AIRPORT SECURITY GUARD
ANIMAL CARE ATTENDANT
ANIMAL CONTROL OFFICER
ASPHALT CREW LEADER
BUILDING INSPECTOR
BUSINESS ASSISTANT
BUYER
CARPENTER
CARPENTER CREW LEADER
CEMETERY BUSINESS ASSISTANT
elRCULA lION ASSISTANT
CITV PROGRAMMING SPECIALIST
CIVIL ENGINEERING DRAFTING
TECHNICIAN
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMMUNITY SERVICES OFFICER I
COMMUNITY SERVICES OFFICER II
CONCRETE CREW LEADER
CONCRETE FINISHER
CUSTODIAN I
CUSTODIAN II
ELECTRICIAN I
ELECTRICIAN II
ELECTRICIAN HELPER
EMPLOYEE BENEFITS TECHNICIAN
EMPLOYEE BENEFITS SPECIALIST
ENVIRONMENTAL PROGRAMS
TECHNICIAN
EQUIPMENT OPERATOR I
EQUIPMENT OPERATOR II
EQUIPMENT OPERATOR tII
EVENT ATTENDANT II
EVENT ATTENDANT III
EVENT COORDINATOR
FIELD INSPECTOR I
FIELD INSPECTOR II
FISCAL STAFF ASSISTANT I
FISCAL STAFF ASSISTANT II
FISCAL STAFF ASSISTANT III
GRAFFITI REMOVAL TECHNICIAN
GROUNDSKEEPER
GROUNDS MAINTENANCE WORKER
HAZARDOUS MATERIALS
TECHNICIAN
HEAVY TRUCK DRIVER
HOUSING APPLICATION ASSISTANT
HOUSING SPECIAUST
IDENTIFICATION TECHNICIAN I
IDENTIFICATION TECHNICIAN II
IRRIGATION TECHNICIAN
JAILER
LEAD HAZ-MA T TECHNICIAN
LEAD PARKING METER REPAIRER
LIBRARY ASSISTANT
UBRARY BUILDING TECHNICIAN
LIBRARY INSPECTOR
LICENSE INSPECTOR
MAIL COURIER I
MAINTENANCE CREW LEADER
MAINTENANCE PROJECTS
ASSIST ANT
MAINTENANCE WORKER I
MAINTENANCE WORKER II
MECHANIC I
MECHANIC II
MOTOR COACH CLEANER
MOTOR SWEEPER OPERATOR
PAINTER
PAINTER CREW LEADER
PARK RANGER
PARKING CHECKER
PARKING METER COLLECTOR
PARKING METER REPAIRER
PAYROLL TECHNICIAN
PERMIT SPECIALIST
PERSONNEL TECHNICIAN
64
PIER & HARBOR GUARD
PIPEFITTER
PLANNING TECHNICIAN
PLUMBER
PLUMBER CREW LEADER
POLICE OFFICER TRAINEE
POLICE PROPERTY EVIDENCE CLERK
POLICE RANGE/SUPPLY SPECIALIST
PUBLIC WORKS INSPECTOR
RECORDS MANAGEMENT
COORDlNA TOR
RECYCLING CREW LEADER
RECYCLING WORKER
REFUSE ACCOUNT INSPECTOR
REPROGRAPHICS SPECIALIST I
REPROGRAPHICS SPECIALIST II
RESOURCE EFFICIENCY INSPECTOR
SANITATION COLLECTOR
SANITATION TRUCK DRIVER
SENIOR BUILDING AND HOUSING
INSPECTOR
SENIOR CIVIL ENGINEERING
TECHNICIAN
SEN lOR ELECTRICAL INSPECTOR
SENIOR GROUNDSKEEPER
SENIOR IRRIGATION TECHNICIAN
SENIOR PARKING METER
COLLECTOR
SENIOR PLUMBING/MECHANICAL
INSPECTOR
SENIOR PUBLIC WORKS
INSPECTOR
SENIOR TREE TRIMMER
SEWER MAINTENANCE WORKER
SIGN PAINTER
STAFF ASSISTANT I
STAFF ASSISTANT II
STAFF ASSISTANT II -
NON-TYPING
STAFF ASSISTANT III
STAFF ASSISTANT IV
STOREKEEPER I
STOREKEEPER II
TECHNICAL SERVICES SPECIALIST
TECHNICAL STAFF ASSISTANT
TRAFFIC ENGINEERING TECHNICIAN
TRAFFIC PAINTER
TRAFFIC SIGNAL TECHNICIAN
TRANSFER STATION ASSISTANT
TRANSCRIBER TYPIST
TRANSPORTATION MANAGEMENT
ASSIST ANT
TRANSPORTATION MECHANIC I
TRANSPORTATION MECHANIC II
TRANSPORTATION PROGRAM
SPECIALIST
TREE TRIMMER
UNDERGROUND UTILITY LOCATOR
UTILITIES BILLING SPECIALIST
UTILITIES BILLING TECHNICIAN
WAREHOUSE WORKER
WASTEWATER CREW LEADER
WATER LABORATORY TECHNICIAN
WATER LEADER
WATER METER READER
WATER METER REPAIRER
WATER PRODUCTION & TREATMENT
PLANT OPERATOR
WATER PRODUCTION & TREATMENT
PLANT OPERATOR TRAINEE
WELDER FABRICATOR
ZONING INSPECTOR
65
..
EXHIBIT B
CITY OF SANTA MONICA PERSONNEL BOARD
PERSONNEL RULES & REGULATIONS
TEMPORARY APPOINTMENTS
To Implement Sections 2.04.350 and 2.04.370 of the Santa Monica MUnicipal Code,
which pertain to temporary/acting appointments to positions In the classified serVice,
the Santa MOnica Personnel Board adopted the follOWing rules and regulations'
A temporary/acting appointment of a regular employee can be made when:
1} a budgeted position has become vacant due to the vacation, sick leave or
other temporary absence of the permanent Incumbent In the equal or
higher clasSification; or
2) there IS no valid eligible list for a vacant budgeted permanent position In
an equal or higher classification
Should a temporary vacancy occur when an eligible list for a particular claSSification
IS not available, the appointing authonty shall notify the Personnel Department. The
Personnel Department shall post the vacancy for five (5) calendar days so that
Interested employees may file an application. Temporary apPointees Will be selected
from applicants for the pOSition who have applicatIOns on file 10 the Personnel
Department and who meet the minImum qualifications for the position.
Applications shall be screened and reviewed for minimum qualifications before being
made available to the appointing authOrity
The appOInting authOrity shall select the temporary apPolntee(s) from the qualified
applicants. The appointment shall be for a penod not to exceed sixty (60) days,
subject to the approval of the Director of Personnel and the City Manager.
ApPointments shall be reported to the Personnel Board at Its next meeting. Subject
to Personnel Board approval, temporary appointments may be renewed If necessary
to complete the examination process or cover the absence of a permanent Incumbent.
The Board may disapprove any temporary appointment or renewal of any temporary
appointment that It determines IS not Justified. Each renewal of a temporary
appointment shall not exceed sixty (60) days.
66
.
EXHIBIT C
AGENCY SHOP
As long as MEA can demonstrate that It has a 70% membership (based on the number
of MEA dues paYing members In comparison to the number of all filled MEA positions),
the City agrees to grant MEA an Agency Shop provISion. Said Agency Shop provIsion
shall be subject to the following terms and conditions.
(1) An employee working In a clasSification covered by thiS MOU shall, within thirty
(30) calendar days of his/her employment, execute a payroll deduction
authorization form as furmshed by MEA, and thereby either 1) become and
remain a member In good standing In MEA, or 2) pay to MEA a monthly service
representation fee In an amount not to exceed the standard Initiation fee,
periodiC dues and general assessments of MEA dunng the term of thiS MOU.
(2) Employees represented by MEA may elect MEA membership status or service
fee payer status as they see fit and may change such status from one category
to the other upon written notification to the City and MEA. If, at any time, MEA
membership (which does not Include service fee payers) falls below 70% (based
on the number of dues paYing members of MEA In comparison to the number
of filled MEA positions), the Agency Shop provISion Will be discontinued and the
obligation of MEA members to pay MEA dues and non-members to pay a service
fee to MEA Will cease as of the beginning of the next payroll period. The
Agency Shop prOVISion, however, Will be reinstated should MEA membership
once more reach the reqUired 70% level Such reinstatement shall be effective
with the next payroll period follOWing the determination that the 70%
membership reqUirement has once more been met.
(3) In the case of an employee who certifies he/she IS a member of a bona fide
religion, body or sect which has historically held conscientious objections to
JOining or financially supporting public employee organizations, such employee
shall execute a payroll deduction authOrization from as furnished by MEA, and
thereby pay sums equal to the monthly service representation fee to a non-
religiOUS, non-labor charitable fund, chosen by the employee from a list of at
least three such funds which are exempt from taxation under Section 501 (c){3)
of the Internal Revenue Code The list of funds shall be proVided by the City,
and shall be made up of funds for which the City offers payroll deductions.
(3) The City and MEA shall JOintly notify all members of thiS Unit that they are
reqUired to pay dues or a service representation fee as a condition of thiS
Section and that such amounts shall be automatically deducted from their
paychecks. The religiOUS exemption and the employees' nghts under
Government Code Section 3502.5 (Meyers-Mlllas-Brown Act, as amended) shall
also be explained. The cost of thiS communication and the responsibility for Its
distribution shall be borne by MEA.
68
i
(4) It IS agreed that the City assumes no obligations to, In any manner. enforce the
provIsions of the above paragraphs beyond Implementing any valid payroll
deduction authorizations submitted by Unit employees authorizing the deduction
of service fees or other authonzed payments to MEA, or amounts In lieu of
service fees to specified authorized chanties. Enforcement of the payments that
Unit employees are obligated to make under the above paragraphs shall be
Within the discretion and the sole responsibility of MEA by way of cIvil court
action against such allegedly non-complymg umt employee.
(5) MEA shall, Within sixty (60) days after the end of ItS fiscal year m which the
Agency Shop proVISion was operative, prOVide the City With detailed financial
documentation, which shall meet the requirements of Government Code,
Section 3502.5(d).
(6) It IS recognized that MEA, as the exclUSive representative of all Unit employees,
IS reqUIred to represent all umt employees fairly and equally Without regard to
union membershIp or non-membershIp or then assertion of nghts under thiS
MOU or the law.
(7) Upon request by MEA, the City shall furnish MEA With the name and date of
hire of all newly hired employees subject to thIS MOU, along With verification
of transmIttals to any charitable organlzatlons.
69
.
NOTE:
This policy and procedure does not apply to as-needed employees hired
to fill a temporary vacancy. The policy and procedures with regard to the
hiring of as-needed employees would apply.
Adopted by the Santa Monica Personnel Board at a special meeting on
~r 8, 199~
R6b.irt Sullivan, Chairperson
Santa MonIca Personnel Board
67
"
NOTE:
ThIS policy and procedure does not apply to as-needed employees hired
to fill a temporary vacancy The polley and procedures with regard to the
hiring of as-needed employees would apply.
Adopted by the Santa MOnica Personnel Board at a special meeting on
December 8, 1994
Robert Sullivan, Chairperson
Santa MOnica Personnel Board
67
.
EXHIBrT C
AGENCY SHOP
As long as MEA can demonstrate that It has a 70% membership (based on the number
of MEA dues paYing members In comparison to the number of all filled MEA positions),
the City agrees to grant MEA an Agency Shop provIsion Said Agency Shop provISion
shall be subject to the follOWing terms and conditions:
(1) An employee working In a classification covered by thIS MOU shall, Within thIrty
130) calendar days of his/her employment. execute a payroll deduction
authOrization form as furnished by MEA, and thereby either 1) become and
remain a member In good standing In MEA; or 2) pay to MEA a monthly service
representation fee In an amount not to exceed the standard inItiation fee,
penodlc dues and general assessments of MEA during the term of thiS MOU.
(2) Employees represented by MEA may elect MEA membership status or service
fee payer status as they see fit and may change such status from one category
to the other upon wrrtten notifIcatiOn to the City and MEA. If, at any time, MEA
membership (which does not Include service fee payers) falls below 70% (based
on the number of dues paymg members of MEA m companson to the number
of filled MEA posltlonsL the Agency Shop proVISion Will be discontinued and the
obligatIOn of MEA members to pay MEA dues and non-members to pay a service
fee to MEA Will cease as of the beginning of the next payroll penod. The
Agency Shop prOVISion, however, Will be reinstated should MEA membership
once more reach the reqUired 70% level. Such reinstatement shall be effectIve
With the next payroll penod follOWing the determination that the 70%
membership requirement has once more been met.
(3) In the case of an employee who certifies he/she IS a member of a bona fIde
religion, body or sect which has hlstorrcally held conSCientiOUS objections to
JOlnrng or finanCially supporting public employee organizations, such employee
shall execute a payroll deduction authonzatlon from as furnished by MEA, and
thereby pay sums equal to the monthly service representation fee to a non-
religiOUS, non-labor charitable fund, chosen by the employee from a list of at
least three such funds which are exempt from taxation under Section 501 (c)(3)
of the Internal Revenue Code The list of funds shall be prbvlded by the City,
and shall be made up of funds for which the City offers payroll deductions
(3) The City and MEA shall JOintly notify all members of thiS Unit that they are
reqUired to pay dues or a service representation fee as a conditIOn of thiS
Section and that such amounts shall be automatIcally deducted from their
paychecks. The religiOUS exemption and the employees' rights under
68