SR-12-A (43)
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(jn.rf"act+ 69f1S- C'S
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MAR 0 3 tI98
PE'AT A MOU stfrpt, 1997-98 bancroft.pms
CouncIl Meeting February 24, 1998
Santa MonIca, CalifornIa
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding with the Administrative Team Associates
INTROPlJCTION
This report requests that Council adopt the attached Resolution authorizing the City
Manager to execute a Memorandum of Understanding (MOU) with the Administrative
Team Associates
BACKGROUND
The current Memorandum of Understanding (MOU) with the Administrative Team
Associates expired on June 30, 1997. As per the terms and conditions of the expired
MOU, negotiatIOns with the Administrative Team Associates to replace the expired
MOU commenced and resulted In the attached MOU. This new agreement has been
ratified by the membership of the Administrative Team Associates,
This agreement prOVides for a cost of hVlng Increase for FY97-98 and FY98-99,
replaces the cIty-paid deferred compensation plan contnbutlon with an equal one-time
adjustment to base pay, expands bereavement leave coverage and makes some minor
non-economiC changes
IZIt
MAR 0 3 1198
... .Jf--M.-..
-~
. \. --.,.~
BUDGET IFINANCIAL IMPACT
Funds are already mcluded In the budget for FY97-98 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 Memorandum of Understanding with the
Administrative Team Associates.
Prepared By Karen Bancroft
IiA7,tt MDiJ ,t1rpt . 997 gel
~.
-.
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..
SUMMARY
MOU SETTLEMENT
ADMINISTRATIVE TEAM ASSOCIATES
TERM:
two-year MOU (7/01/97 to 6/30/99~
ECONOMIC ITEMS:
.
COLA:
7/01 /97:
Delete City-paid deferred compensation
($75/month) and add that amount to base
salary; 3% COLA applied to base salary
.
7/01/98:
COLA Formula based on CPI with 2%
minimum and 4% maximum
. Bereavement Leave - expanded coverage
. Medical Insurance: "me too" language re: City's medical msurance
premium contribution cap for year #2
NON-ECONOMIC ITEMS:
. Replace Lmcoln's Birthday Holiday with non.cashable floating holiday
CLARIFICATION LANGUAGE RE:
. Part,es to Memorandum
. Reclassifications
. Y -Rating
Attached MOU reflects the above-listed changes. Deleted contract language appears
as strike-outs. New language is printed in bold and underlined.
lATA Sa_ant $urnmaty 1997-981
RESOLUTION NO. 9244
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
ADMINISTRATIVE TEAM ASSOCIATES
WHEREAS, the City administration and representatives of the
Administrative Team Associates have met and conferred under the terms of Ordinance
No. 801 (eCS) and have reached agreement on wages, hours and other terms and
conditions of employment; and
WHEREAS, SectIon 2.06 of Ordinance No. 801 (CCS) of the CIty of
Santa Monica requires preparation of a written Memorandum of 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 AdmInistrative Team ASSOCIates;
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
ratified by the Administrative Team ASSOCiates, a copy of which IS attached hereto.
Section 2. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM:
/r~/iu"cf0
MARSHA JO~S MOUTRIE
City Attorney
i"A~SSIJ Resolution' S97 981
ARTICLE I.
1 01
1. 02
1. 03
1. 04
1. 05
1. 06
1. 07
1. 08
1 09
1 10
, ..,
_ a_....
:. 12
1.13
1.14
1.15
1.16
1.17
ARTICLE II:
2 01
2 02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
ARTICLE III:
3 01
3.02
3.03
Cmtfyacf# 69 yS- CC5
(&0# 9zV'f C~V
MEMO~~~~ OF L~~ERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
ADMINISTRATIVE TEAM ASSOCIATES
TABLE OF CONTENTS
GENERAL PROVISIONS
Part~es to Memorandum... ................ ....... 3
Purpose.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Term of Agreement. . . .. ...... . . . . . . . . . 4
C~ty Counc1l Approval. ........ ......... _ _ 4
Recognized Employee Assoc~at~on Name....... 5
Scope of Representat~on ......... 5
Full Understand~ng, Mod~ficat~on and Wa~ver. . . 5
Management R~ghts Reserved.. ............... 6
Peaceful Performance of C~ty Serv~ce. ...... 6
Valid~ty of Memorandum of Understanding..... 7
Captions for Conven~ence..... ...... ......... 8
Non-Dlscrlrnlnat~on and Equal Employment..... 8
Deflnit~ons . . . . . . . . . . . . . . . . 9
Overpayment Remedy .. .... ........ . .... ...11
Payments at Terminatlon................ .. .12
Compensat~on & Benef~ts for Part-T~me Employees.12
Demot~ons. . . _ . . . . . . . . . . . . . . . . . . . . . . . . . _ .12
COMPENSATION
Effect~ ve Date of Pay Increase . . . . . . . . . .13
Salaries. . . . . . . . . . . .13
Overtlme. . . . . . . . . . . . . . . .. . 15
Promot~onal Pay Rate.... _.... ..... . 16
Reclass~f~cat~ons ........ ...... .. .16
Y -Rat~ng. .. . . ., ............... . . . . . . . .17
Pay for Serv~ng ~n a H~gher Job Class~f~cation. .17
Sk~ll Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Supervisory Different1al....................... 20
Shlft Differentlal.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
SUPPLEMENTAL BENEFITS
Health Insurance Programs.... .......... ...... .22
Retlrement. . . . . . . . . . . .. ........................23
TUl tlon Relrnbursement. . . . . . . . . . . . . . . . . . . . . .24
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3.04
3.05
3.06
3.07
3.08
3.09
ARTICLE IV:
4 01
~ 02
4 03
4 04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
A..R.TI CLE V:
5 01
5.02
5.03
5 04
5.05
5.06
5.07
5.08
ARTICLE VI.
6.01
6.02
6.03
6 04
EXHIBIT A. . .
Deferred Co~pensat~on
M~leage Re~~~ursement and Energy
Long Term D1sab~1~ty Insurance..
Slck Leave Buy Back .
Uniforms. .
Term L~fe Insurance.....
. . . . . . . . . .. 25
Conservatlon. . .25
. . . . . . . . . . . .26
. . . . . . . . .26
. .. ...........27
. . . . . . . .. .....28
LEAVES
Pald Holldays. . . . . . . . . . . . . . . . . . . . . . . . . .29
Vacatlon Leave .......... ... .... 31
Sick Leave. . . . . . . . . . . . . . . . . .. ....... 31
Leave of Absence Wlthout Pay. ................ 32
Military Leave. . . . . . . . . . . . . . . . . . . . . . . . .. .......33
Workers I Compensation Leave.... ............ .. .33
Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . 33
Bereavement Leave ...... ..... ... ...... . .33
Admlnlstrative Leave...... ....... .. .. .. .34
Parental Leave............ ...34
Famlly Leave. . . .. ....... . . . . . . . . .34
WORKING CONDITIONS
Safety and Loss Prevention....... . ..... ..36
Effect of Job Performance on Salary.. . . . . . . .. . .36
Effect of Reasslgnment/Recertlflcatlon on
Skill Pays....................... . . .37
Employee Parklng.. ............. . . . . . .. ...37
Officlal Personnel File.... ......... .. ....38
Reductlon ln Hours from Full-Tlme to Part-Tlme. .38
Work Schedules............ .. ..... ...38
Promotions. . . . . .. ........ . . . . . . . . . . . . . . .39
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions..... ........... ............ .40
Reasonable Notlce...... ... ........ .... ... .40
Tlme Off for Assoclation Buslness.............. .40
Grlevance and Complalnt Procedure.... ........ .40
. .46
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ARTICLE _0 GENERAL PROVJSIONS
1. 01
Parties to Memorandum
Th~s Memorandum of Understand~ng has been prepared
pursuant to the terms of Ord~nance No 801 (CCS) of the
C~ty of Santa Monica, wh~ch Ord~nance ~s hereby
incorporated by reference as ~f fully set forth herelnr
and has been executed by the C1ty Manager on behalf of
management officials of the City and by the
ADMINISTRATIVE TEAM ASSOCIATES (ATA) I and on behalf of
employees OccupY1ng the line-ltem pos1t1on
classificat10ns set forth ~n Exhib~t A which 1S attached
hereto and made a part hereof
In the event new Job classifications are created Wh1Ch
are proposed to be added to the ATA un1tr the Mun1c1pal
Employee Relatlons Officer will notlfy ATA prlor to the
Personnel Board and C~ty Counc1l conslderatlons of the
new claSSlflcatlons.. Any classlflcations proposed to be
added to the un1t shall be mutually agreed upon 1n
wr~ting and w~ll become effective upon execut10n by the
Manag~ng Director of ATA and the Munlclpal Employee
Relations Off~cer.
Only those Job class1fications which meet the crlterla
for profess1onal and/or adm1nlstratlve exemptlon under
the Fa1r Labor Standards Act (FLSA) shall be represented
by ATA. During FY96-97r a study w~ll ~6 was conducted by
the C1ty to deterrnlne WhlCh Job classiflcations currently
represented by ATA meet those criteria Based on the
study. certain iob classifications were tentatively
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identified as beina non-exemot. A final determination
will be made bv no later than March 31. 1998 as to
whether or not any of those ;ob classifications are non-
exempt. If It 1S determlned that a Job claSSlflcat10n
currently represented by ATA is non-exemDt and thereby
does not meet the criter~a for representat10n by ATA, the
j ob classificat~on Q.uJ Q.uy ..L.w...;u.ILJ.:.,c~il.. \ ~ I ~u ~UQ.~ J 00
L.la.66..;..f..;.L.Ql....L.0~-~ shall be transferred to the appropriate
Clty bargalnlog unit as of July l, ~ 1998.
Incumbent{sl in those ;ob classifications will be aiven
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the oDtion of electina to be "arand-oarented" in ATA.
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Emolovees who elect to exercise this oDtion shall remain
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in ATA and will continue to receive ATA benefits. as set
- 3 -
1 02
1. 03
1. 04
forth in this A~re~m~nt an~ any subsequept Aareements as
long a.e ATA continues to re<;:eive MOU mandated overtime
compensation. However. in the event ATA elects to for9o
MOU mandated overtime and be considered exemot. as
defined bv the Fair Labor Standards Act. those ATA
employees whQ ftr~ non-exempt and who were "arand-
parented" in ATA shall be transferred to the appropriate
City baraaip~n~ unit. This transfer shall become
effective as Qf th~ ~ate on which ATA converts to exempt
status.
Purpose
The part1es agree that the purpose of th1s MOU is. to
promote and provlde harmonlDUS relatlons, cooperat1on and
understanding between the Clty and the employees covered
hereln; to provide an orderly and equltable means of
resol v1ng differences wh1ch may arise under thlS
memorandum, and to set forth the full agreements of the
partles reached as a result of meeting and conferrlng In
good faith regard1ng matters w1thin the scope of
representatlon for employees represented by ATA.
Term of Agreement
Th1S Agreement shall be effect1 ve as of the 1st day of
July 1996 1997 and shall remain in full force and effect
untll the 30th day of June 1997 1999. It shall be
automatically renewed from year to year thereafter,
unless e1ther party shall not1fy the other In wrlt1ng not
later than March 1 of each year that lt deslres to
terminate or mod1fy th1s Agreement, and speclfically
lndlcates requested modificat1ons. In the event that
such notlce is glven, negotlations shall begin no later
than Apr11 1 with a signed contract deslred by July 1.
City council Approval
ThlS MOU ~s of no force or effect whatsoever unless or
unt~l rat1fled and approved by resolution duly adopted by
the C~ty Councll of the Clty of Santa Monlca.
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1 05
1 06
1 07
Recognlzed Employee ASSOClatloL Name
The Admin~stra~~ve Team Assocla~es (ATAl lS hereby
acknowledged as the Recognlzed Employee Organlzat~on
repreSe!ltlng only the permanent Ilne-ltem posltlon
classlficatlons set forth In Exhlblt A (WhlCh lS attached
hereto and made a part hereof) pursuant to Bectlon
3.04 (c) of Ordinance No. 801 (CCS). It 1.S the mutual
understandlng of the partles hereto that acknowledgment
of the ATA as the Recognlzed Employee Organlzatlon;
A.
Does not nreclude employees
posltlon classiflcatlons
themselves lndlvldually in
relatlons wlth the Clty.
such llne-ltem
representlng
employment
in
from
their
B Does not preclude or restrlct the rlght of
management offlclals to meet and consult wlth
employees In such employment posltlon
clasSlflcat~ons concernlng thelr employment
relatlons wlth the C1ty.
Scope of Representatlon
The scope of representation of the Recognlzed Employee
Organlzation shall lDclude all matters relatlng to
employment condlt~ons and employer-employee relatlons
lncludlng, but not llm1ted to, wages, hours, and other
terms and condltlons of emp~oyment, except, however, that
the scope of representatlon shall not 1nclude
consideratlon of the merlts, necessity, or organlzatlon
of any servlce or actlvlty provlded by law or executlve
order and that the scope of representation shall be
exerclsed or performed ln compllance wlth the prOV1Slons
of Ordlnance No 801 (CCS).
Full Understandlng, Modiflcatlon and Waiver
The parties agree that each has had full and unrestrlcted
rlght and opportun1ty to make, advance, and dlSCUSS all
matters properly wlthln the scope of representat10n as
outl1ned 1n Sectlon 2.05 of Ordlnance No. 801 (CCS).
ThlS MOU const1tutes the full and complete agreement of
the parties and there are no others, oral or wrltten,
except as specifled 1n this Agreement. The part1es are
not bound by any past pract1ces or understand1ngs of
either party unless such past pract~ces or understandings
are specifJ.cally stated ~n this MOU except that
provisions or condltlons not specifically changed in this
or prev~ous MOU' s shall be as prescrJ.bed by the Ci VJ.l
Service prOV1Slons of the Santa Mon1ca City Charter and
- 5 -
1 08
1 09
the Santa MonJ.ca Munl.cJ.pal Code Each party, for the
term of thls MO~, spec~fJ.cally waJ.ves the rJ.ght to demand
or petltJ.on for changes herel.n, whether or not the
subJec~s were known to the pa~tJ.es at ~he tlIDe of
executJ.on hereof as proper subJects wJ.ch1n the scope of
representat10n as outlJ.ned 1n BectJ.on 2.05 of Ordinance
No. 801 (CCS).
Management RJ.ghts Reserved
The CJ.ty retains all rJ.ghts not specJ.fJ.cally delegated by
th1s Agreement, includ1ng, but not 11mJ.ted to, the
exclUSlve r1ght to:
A.
Direct, supervise,
d1sc1pl1ne, d1scharge,
and retain employees.
suspend,
schedule,
hJ.re, promote,
transfer, ass1gn,
B. Relleve employees from duties because of lack of
work or funds, or under condit~ons where contJ.nued
work would be ineffJ.c1ent or nonproductive.
C. Determ1ne serVlces to be rendered, operat1ons to be
performed, ut~lizatlon of technology, and overall
budgecary matters.
D. Determ~ne the appropr~ate Job classiflcat10ns and
personnel by whJ.ch government operat~ons are to be
conducted
E Determlne the overall m1ssion of the unit of
government.
F.
Ma1ntaln and improve the efficlency
effect1veness of government operat1ons.
and
G. Take any necessary actions to carry out the mlSSlon
of an agency 1n sltuatlons of emergency.
H. Take whatever other actlons may be necessary to
carry out the wishes of the public not otherwise
specif1ed above or by collectlve agreement.
Peaceful Performance of C1ty Service
It 1S mutually understood and agreed that participation
by any employee J.n a strike or a concerted work stoppage
term1nates the employment relationship in the absence of
specific wr1tten waJ.ver of such term1nation by an
authorJ.zed management offJ.c1al.
- 6 -
1 10
A I~ 15 further understood and agreed that none of the
partles hereto wlll part~clpate 10, encourage,
assist or co~done a~y s~rlke, concer~ed work
stoppage, cessatlon of work, slow-down, slt-down,
stay-away, plcketlng or any other for~ of
lnterference with or llmltatlon of the peaceful
performance of City serVlces.
B In the event that there occurs any strlke, concerted
work stoppage, cessatlon of work, slow-down, Slt-
down, stay-away, plcketlng or any other form of
lnterference with or Ilmitation of the peace:ul
performance of Clty serVlces, the Clty, In addltlon
to any other lawful remedies or dlsclplinary
actlons, may by actlon of the Clty Manager cancel
any or all payroll deductions, prohlblt the use or
bulletin boards, proh1b1t the use of Clty
fac1.l1t1.es, and proh1.blt access to former work or
duty stat1.0ns
C. Neither the employee organlzatl.On, nor any person
act1.ng 1.n concert W1.th them, will cause, sanctlon,
or take part 1.n any strike, walk-out, sl.t-down,
slow-down, stoppage of work, picketl.ng, retardl.ng of
work, abnormal absenteeism, wlthholdl.ng of serv1ces,
or any other lnterference with the normal work
routl.ne. The provisl.ons of this Article shall apply
for the same term as this Agreement, or durlng any
renewal or extenSl.on thereof Vlolatlon of any
prOVl.SlOn of th~s MOD by the Recognlzed Employee
Organlzat1.0n shall be cause for the Cl ty, at its
sole option, to termlnate thls Agreement in add1.tlon
to whatever other remedl.es may be to the Cl.ty at law
or 1.n equity
D. The City agrees that there shall be no general
lockout of bargalning un1t members.
Validlty of Memorandum of Understandlng
If any provl.sion of any Sectlon of th1.s MOD is determ1.ned
to be ~nvalid or lllegal by a court of competent
jurisdlctlon, then such provls~on shall be severed from
thl.s MOD, but the remainder hereof shall remaln 1.n full
force and effect. The parties hereto shall immediately
commence to negot1ate for the purpose of replaclng any
such invalid or illegal provision.
Should any change be made In any Federal or State law, or
In any rules and regulatlons 1mplementlng such
leg1.slat1on, or 1n any Clty Charter prOV1.Sl.on or Santa
- 7 -
1.11
1.12
Monlca Munlc~pal Code provlslon whlch would be appllcable
and contrary to any prov~slon of any Sectlon herel~
contalned, then such provlSlon of tIns MOD shall be
automatically termlnated, but ~he remalnder of thls MOD
shall remain In full force and effect Such leglslat~on
and/or rules and regulatlons shall supersede th2s MOD and
appllcable clauses shall be Substltuted for those ruled
lnvalld or lllegal The partles hereto shall lmmedlately
commence to negotlate for the purpose of replaclng any
such lnval~d or lllegal provlslon.
Captlons for Convenlence
The captions herein are for convenlence only and are not
a part of this MOD and do not in any way llmit, def1ne,
or ampllfy the terms and provislons hereof.
Non-Dlscr1mlnatlon and Equal Employment
It lS hereby agreed by the partles to this MOD that they
will fully comply with all appllcable local, State and
Federal laws, rules and regulatlons prohlbltlng
dlscrlmlnatlon and governing equal employment
opportunlty. The Afflrmative Action Program and the
Sexual Harassment Pol1cy of the Clty of Santa Monica are
affirmed by both part1es to thl.s MOD and lncorporated by
reference here In. Both parties agree to ablde by the
regulrements of the Amerlcans wlth Dlsab~lltles Act
(ADA) .
Every City employee lS expected to respect the dlgnlty of
every other Clty employee and to refraln from any
aC::lons, l.ncludlng the use of slurs or jokes regard1ng
sex, age, race, natlonal orlgln, rellg1on, disabillty or
sexual preference/orientatlon WhlCh could be construed as
harassment. Harassment of fellow employees is a
violatlon of Clty pol~cy. No employment declsion shall
be based on an employee's submisslon to or reJection of
such conduct
Complalnts of a sensltive nature, lncludlng compla~nts
involving sexual harassment or any other violatlon of
Tltle VII of the 1964 Civll R~ghts Act, as amended, WhlCh
involve a supervisor or manager whose conduct is the
subJ ect of the compla~nt may bypass any step of the
standard grievance procedure outllned in Sect~on 2.04.740
of the Santa Monlca Munic1pal Code.
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1 :i..3
Deflnltlons
The followlng def~n1tlons a~e ~o be applled ~h ~he
lnterpretatlon of thlS MOD:
A.
"Salary Range" shall mean the flve step (A through
E) hourly or monthly pay scale (and the bl-weekly
equlvalent) assigned co each employment positlon
class1flcation wlthlD the C1ty work force.
B.
"Salary Range Steps A through E" for each Ilne-ltem
pOSl tlon classification W1 thln the City work force
shall mean and be establ~shed to bear the following
percentage relationshlp to Salary Range Step E
computed to the nearest dollar. Normal progresslon
through the range toward E step shall be 1n annual
step 1ncrements contlngent on satisfactory serV1ce
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%
"....
'- .
"Nearest Dollar" shall mean the next lower dollar
when the computed amount lS flfty (SO) cents or less
and the next h1gher dollar when the computed amount
lS fifty-one (51) cents or more.
D
"L1ne-item pos1t1on" shall mean a position which is:
(1) spec~flcally ltem1zed ln the personnel schedule
of the annual budget of the City of Santa
Monlca, and
(2) ellglble to accumulate vacat1on, slck leave and
other tlme off 1n proportlon to the percentage
of the full-tlme forty (40) hour week Other
frlnge benefits shall be prov~ded to part-tlme
employees covered hereln as if they were
employed on a full-t~me basls.
E. "Permanent Employees" shall mean:
(1) A person who is legally an 1ncumbent of a llne-
item posltlon/ full or part-time; or
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(2) A former lncurnben~ of a 11ne-ltem posltlon on
authorlzed leave of absence from a regularly
budgeted pos~tlon WhlCh positlon 1S held
pendlng the employee's return
The term Ilpermanent employee" shall not be construed
to 1mply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protectlons appropriate
to his/her status under the Munlclpal Code and C1ty
Charter and appl~cable State law.
F "Date of Ent:rance Ann1versaryn shall mean the date
WhlCh recurs annually after the date of entry lnto a
position ln the class1fled serVlce of the City of
Santa Monlca, either by orlg1nal employment, re-
employment or promotlon. The date of entrance for
employees w1th broken serVlce shall be considered as
the date on WhlCh the last unbroken serVlce was
effectlve.
G. "Satlsfactory SerVlce" shall mean the attainment of
an overall ratlng not less than "Satlsfactory" on
the performance report assoclated with the
employee's most recent date of entrance annlversary.
H. "Full-Time Work Week" shall mean forty (40) hours
within the seven (7) consecutlve days (i.e., seven
consecutive 24-hour perlods) establlshed as the work
week for the affected employee(s).
(1) Incumbents of llne-ltem posltions employed ln a
work week greater than that defined as the
full-t~me work week shall be compensated for
hours ln excess of the full-time work week on
the basls of and ln accordance with the
provlsions of the MOD Sect10n relat1ng to
overtime.
(2) For employees covered hereln who hold permanent
posltlons at the L1brary, the full time work
week shall be def1ned as forty (40) hours,
Monday through Saturday, as scheduled by the
Clty Llbrar1an or his/her deslgnated
representative. Sunday work shall be
compensated at the rate of time and one-half
(1-1/2) the normal hourly rate. It 1S the
intent of the City to assign Sunday work on a
volunteer basls. However, 1n the event there
are not enough volunteers to staff the Sunday
- 10 -
1.14
work at ~he L~brary, sald work wlll be asslgned
o~ an equltab:e DaS1S aMong employees.
1.
IIPayll shall mean cO'T:.pensatlon
worked, slck :eave, vacatlo~,
hol~days, admlnls~rat~ve leave
tlme off and/or Jury duty.
for regular hours
bereavement leave,
days, compensatory
J. "Completed Calendar Month of SerVlce" shall mean a
calendar month In WhlCh an employee has been earnlng
pay for eleven (11) or more work1ng days.
K.
"Base Rate" shall mean the hourly :r-ate
employee I s salary step exclud~ng any
assignment, bonus pays or other compensatlon
for the
speclal
J..J
nY-rated n shall
employee I s salary
day preceding the
actlon placlng the
mean the maintenance of t.he
rate at the level effectl ve the
effectlve date of the personnel
employee ln a lower salary range.
M. "Munlc1.pal Employee Relations Offlcer'l shall mean
the Clty Manager.
N. "Worklng Day!! as used ln the sectlons of thlS
Agreement pertalnlng to vacatlon accrual (Section
4 02) and slck leave accrual (Sectlon 4.03) shall
mean eight (S) hou:r-s.
C. "Compressed Work Schedule" shall mean a work
schedule in WhlCh a full-tlme employee 15 asslgned
to work a total of e1ghty (80) regularly scheduled
work hours ln nlne (9), or less, days ln a glven
two-week (l.e., two work week) perlod.
Overpayment Remedy
Permanent employees covered hereln shall reltllburse the
C1ty for any overpayment of wages or benef~ts. Sald
relmbursement shall not be requlred untll the Clty
notlfles the affected employee In wr~tlng. The
overpayment shall be relmbursed by payroll deductlons
over a time perlod equal to the time perlod the
overpayment was made, or by any other reasonable
repayment method mutually acceptable to the City and the
employee. A lump-sum deductlon shall be requlred 1f the
next subsequent employee payroll warrant is the final or
terminat~on warrant lssued to the affected employee.
- 11 -
1.15
1.16
1.17
Payments at Te~~nat~on
When permanent emolovees covered here~n leave ~he serVlce
of the Cl ty of S-anta Monlca, they shall be entl tIed r:o
lump-sum payoff of vacatlon leave, unused floatlng
hol~day, unused accrued compensatory tlme and unused
accrued admln~strat~ve leave days only. No claim shall
be made agalnst the Clty for the use or payment of unused
accrued slck leave, nor shall the effectlve date of
termination be extended by the use of compensatory tlme,
slck leave, vacatlon or other leave days
Compensatlon & Benef~ts for Part-Tlme Employees
Incumbents of line-item posltlons employed ln a work week
less than that defined as the full-t~me work week shall
be compensated 1n that proportlon of the compensation for
full-tlme employment as the number of hours budgeted for
that posltlon bears to the full-tlIDe work week.
Compensatlon shall include base salary, deferred
compensation or any bonuses or sk1ll pays provided by
thlS Agreement.
Incumbents of l~ne-ltem posit~ons regularly work~ng less
than the ful:-time work week shall accrue vacat~on, s~ck
leave, admln~stratl ve leave and other time of f in the
same ratlo as the average number of hours they work per
week lS to the full-tlme work week for the posit1on
occupled. Other frlnge beneflts shall be provlded to
part-tlme employees covered hereln as 1f they were
employed on a full-tlme basis.
Demotlons
All demot~ons shall be 1n accordance with the Clty
Charter and the Santa Monlca Munlclpal Code
- 12 -
2.01
A..~TICi..E I I
COMPENSATION
2 02
Effective Date of Pay Increase
Notw~thstanding any ocher provis~on contalnea here~n,
changes to the salary range and salary related beneflt
changes prov~ded herein shall become effect~ ve on the
flrs~ day of the payroll period closest to the effectlve
date s~ated here~n If the effect~ve date stated here~n
falls on the Sunday ~n the m~ddle of a pay per~od, the
effectlve date shall be the first day of the followlng
payroll pe:::-lod
Salar~es
Salar~es of Clty employees in Ilne-~tem posit~ons shall
be on a monthly rate, pa1d on a b1-weekly equlvalent
basis. In lieu of the bl-weekly equ1valent to a monthly
race, the C1ty Manager may flX the compensat~on of any
pos~t~on at an hourly rate In pos1tions for which the
work week 1S forty (40) hours, the hourly rate shall be
determ~ned by d~vldlng the bi-weekly rate by e~ghty {SO}.
A.
Effcc~~v~ u~ly I,
~lLi!:-J.J..UY==.i:l' ",-uvt::.l..t::J
f'c.L(.'::a...:'" (2~o).
L..WU
~
-------
~-~~~~ o~~a~~c~
, .. ,- - -
.LJO: ~~H....J,. o:o.;::,o:u >..J y
- ,...
UJ...
.L.'_
L.LLt::
_ 1 _,..,
O.i.J.C1..J.. ..J..
... -,.....-
..J...:7JU,
L _ _
....L'C...... 't:: .J....LJ.
As of Julv 1. 1997. City contributions into a 457
olan on behalf of emolovees covered herein shall be
discontinued. Instead. effective Julv 1. 1997. each
steo of the salarY ranaes established for oositions
- - - -
covered herein shall be increased bv an amount eOllal
- -
to the City's current contribution into a 457 olan
- -
on behalf of each ATA emolovee. Accordinalv. each
~ - - ~
steo of the salary ranae shall be increased bv
- - - -
seventy-five dollars CS75.00) oer month. The E-steo
- - -
salaries of the resultina salarY ranaes shall then
- -
be ad;usted bv three Dercent C3%).
- - -
B. Effeetive Julv 1. 1998. the E-steo salaries of
emolovees covered herein shall be inereased bv a
minimum of two oercent C2%). OR. if hiaher. bvan
- -
amount eOllal to the ~ercenta~e i~c~ease in the
"cost-of -living" ip.dex as measured l;>y the Consumer
- 13 -
Price Index (for Urban Wag-e Earners and Clerical
Wo~ker~, 1967~100) for Los Anaeles Anaheim-
RiversiQ.~, California. published by the U.s.
Denartment of Labor. Bureau of Labor Statistics. for
the base period of April. 1997 to April. 199B.
However. in no event shall said ad;ustInent exceed
four oercent (4%).
In the event a hiaher Dercentaae salarY increase
~ - - -
(also known as cost of livina ad;ustment) is aranted
to all emolovees of any other baraainina unit bv the
- - - - - -
City of Santa Monica for the FY9B-99 fiscal Year.
- -
excludina the Santa Monica Police Officersl
Association (SMPOAl and the Santa Monica
Firefiahters Local 1109. IAFF. emolovees reoresented
- -
bv ATA shall be aranted the hiaher uercentaae salarv
- - - - - -
increase. For the nUrDoses of this Drovision. an
- - -
eauitv ad;ustment qranted to a sDecific ;ob
- - - -
classification reDresented bv a baraainina unit
- - --
shall not be considered a sa1arv increase (also
known as a cost of livina adiustmentlfor that
bargaining unit.
B~ A given classification covered by this MOD WIll be
eligible to rece1ve an equIty adJustment prov1d1ng
that the compensat1on study conducted by the City of
Santa Monlca substantiates the need for an equ1ty
adJustment to brlng the salary range of that
class~flcatlon 1n llne with the mean salary pald to
the same classlflcatlon found 1n comparable clt~es.
The Clty wlll be w1lling to rece1ve and evaluate any
salary comparison data that ATA m~ght want to make
available regardlng an equlty adjustment for a given
clasSlflcatlon. Should a compensatlon study
indlcate that a gIven Job classificatlon ~s
currently belng paid above the mean salary pald to
the same classlfIcat10n found in comparable cities,
the salary range of that class1fication w1ll remaln
unchanged Internal equlty factors will also be
taken lnto consl.deratlon, as deemed approprl.ate by
the City, when determlnlng whether or not an equlty
adJustment for a given classif1catlon is warranted.
Equity adJustments described herein will be
cons~dered on an annual bas~s, eIther as a part of
the annual budget process if no MOU negotiatIons
should be occurrlng during the year or as a part of
- 14 -
2.03
the MOD negot.:.at.:..ons process should the MOD De :.lD
for negot~at.:.on
Overt~me
Overt~me for full-t~me errployees shall mean work in
excess of the regularly scheduled number of hours ~n one
(1) work day or ~n excess of forty (40) hours ~~ a full-
t~me work week, prov~ded such hours have had the prlor
approval of an author~zed management off~cial. Overtlme
for part-t1JT\e employees shall mean work 1n excess of
forty (40) hours ~n a work week, prov~ded such hours have
had the pr~or approval of an authorlzed management
off~clal. All author~zed overtime shall be compensated
for by cash payment based on one and one-half (1-1/2)
times the hourly rate equ~valent of the employee's
monthly salary computed to the nearest one-tenth (.10) of
an hour, except that an authorized departmental
management off~c~al may grant compensatory t~me off at
the rate of one and one-half (1-1/2) hours off for such
overt~me. Such compensatory time off may accrue to a
max~mum of forty (40) hours unless a higher accrual
amount is approved by an authorized departmental
management off~c~al
For employees covered hereln who hold permanent positlons
at the L1brary, the full tlme work week shall be deflned
as forty (40) hours, Monday through Saturday, as
scheduled by the Clty L1brarian or h1s/her des1gnated
representat1ve. Sunday work shall be compensated at the
rate of t~me and one-half (1-1/2) the normal hourly rate.
It is the ~ntent of the C~ty to assign Sunday work on a
volunteer bas~s. However, 1n the event there are not
enough volunteers to staff the Sunday work at the
Library, sa~d work w~ll be assigned on an equ~table bas~s
among employees.
Departmental management off1C1als shall not unreasonably
deny an employee1s request for compensatory time in lieu
of pay. If compensatory t1me off 1S accrued and not
taken by June 30 of any flscal year, 1t w~ll be paid to
the employee at the rate earned There shall be no carry
over of unused compensatory tlme.
In order to supplement eight (8) hours of paid leave t~me
for a regularly scheduled work day compr~sed of more than
eight (8) hours, the employee will have the optlon of
working the add~t~onal time requlred, on a stralght-t~me
basis, during the applicable seven-day work week, ~n
order to receive a full day's pay for the day In
- 15 -
2.04
2.05
quest~on Pa~d leave t1me would include vacat.~on, slck
leave and admlnlstratlve leave.
Promotlonal Pay Rate
If a permanent employee covered here~n ~s promoted and
his/her salary ~s equal to or greater than the entrance
salary of the promot~onal class~f~cat~on, the employee's
salary shall be increased to the next h~gher salary rate
wh~ch provldes a minlmum five (5) percent salary
~ncrease, provlded, however, that ~n no event shall the
salary rate exceed the max~mum salary rate for the new
classificat~on.
"PI .., -' r I .L. -" _ __ ,.. _ _ __ . __.L. _ _____ ,. _ _ 0'" ,
fi .LCL;..l..c:LD,u.L~.l.."""Cl.'-.J.V.l.... V.l.. a.. 1:J1;::;"";"LUQ...LJ.'::::::..L.1;..... t::LLLtJ..LUY'=c; \...uvt:::..L.t::u. .L.~CJ..t::..i...ll
. " ., _., --.:" _, ., _ r t _ I ., ... .....
,-v Cl .L.L..J..~..LJ.'C.J.. .J..'t::VC..L JUU ~.La.i:)iO..L.L....L'i.".;a.......J..U.l...L W..i.....L..L J.,Jt:=: ......u~.1~...1..u.t;;..L1;:;....... a.
..., _4_ ""'-__ _,_..,..,l __ ."
}J.L .vhJU '- ..I..UJ..l a.l..L........ ,-..L.LC: t::LUl:-'.J..U Y t::t::: ~ i::lCl...LQ..L... Y i:l1J.CL.":"..L J.JI:: .J...1..1,-.L Ca..::tCU LV
.... 1. _ , __,_ _ _., .L.'_ _ ., . r J ." I ~
,-ue U.J..'::;U::::... ;::>CI..J..CU.Y ...01..:::: .J..U LU:::: U::::W .....J..a.;::>~.J..L.J......Cl.L.J..VU ....U..L.....U
i!Luv':"dCQ a. ,C'..L.U....'HU.U' vI [....v:::: {s} k'<::.I,.":".:;~'~L "'Ca.~a..L}' _u.....I,.<::a.~<::,
~i.-0-v..L~'C~, h.uwcvcl.', L.lla.l ..L..l.L .1J.U CVCJ.J.L.. ~~.1.o.11 ~J..LC ;:::.a..La.l"i" .LQL.-C
CAI"...:,=-.;::;u ,-J,.LC- ULCl.A.LUU..UiL
cla55ific..d.L~ou.
- -, -
i:>CI..J..CI..J..:t
r. .
LV.L
,-",..l-';::
ll.tw
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Reclassifications
A reclassification of a perman~nt employee covered herein
to a hiqher level ;oP classifi~ation will be consi~ered a
promotion and the employee's s~lary shall be increa~ed to
the hiaher salarv rate in the new classification which
- -
nrovides a minimum of five (51 nercent salarY increase.
- --
However. in no event shall the salarY rate exceed the
maximum salary rate for the new classif19ation.
A reclassification of a perman$nt ~loyee covere4 perein
to a lower level job cla~sificatiOQ will pot be
considered a demotion. and the salarY of the affected
emolovee shall remain at the same level until the salarY
- - -
ranae of the new classification eauals or exceeds the Y-
- -
rated salary. (Sect~on 2,09. Y-Rating)
The emolovee shall be reoresented bv the baraainina unit
- - --
which reoresents the ;ob classifieation to which the
affected emolovee has been reclassified and the employee
shall be covered bv the terms and conditions of the
Memorandum of Understandina between the City of Santa
- -
Monica and that barqainin~ unit,
- 16 -
2.05~ Y-Rat:~ng
'P_....1_ ~ __ _
'l-,;1..1.':J..1. d. i-'eJ..~wj".L.i..J.1::_
____""'l___ ....___-'- __
..L C'-..L. a. ~.;J..L. J.... ..L. l..- Cl '- ..L.I"..J':'J. ,
o.~_..LVlJ.,
.L.t:::i::1-i...:...J..l..i:;::o
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"C.~ r i....L'=l;.lV__~V.L.l. Uu..~ ~,-. ..L..a.YU.i......L.. u.L
~ ~ ~ .- - ....
.......l.J. t....l.L't:: ....;...vWt::.......~J...'::::; uJ... ~.6...I.t:: ::sa..LCl.L.Y
-. - -- - -, , . .
;.....vvt:::.L.t::::u .L.L.'\::..LC..L:'.ll
t.l.l':"
.!.CU~::fC
r
UJ..
. .- ----..,. -
Cl. !J<:::.!. LILClHCH l.- <:::l"!-'.LV l' <:::C
--, I _ _., _ __
CL"!-,.L U:t cc '"' ;:,c>..Lc:I..... j' LLLG.j'
.uo::::
.;..-.1-Cl.l.-c.....
n'T I 'n
"';'-J,..CI.'-'=U
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...L.11'l...- \..oun,J..)e.l..L.....
__, _.., "'!. .L... ~_ _ . _ ~ .,_ _ __ _ _ .., _ _
i::j-ll.c::L...L..L ULt:.GlJ.l l...ilC ,ua. ..Ll......'ClJ.O'J.J.-...'= U.L.. L...J..Lt:: ~LLlt-"..i..U Y c..:::: ~ ~d...L.. elL Y L C1L.......
.L...l__ ,____, _.L.c_.L .,. __., -*----'L_ _rr_ L _
(.1..'- ......Ll.r:::;. ..Lt.V~.L r::::.....;....1..~'-L..Lve "-.lit..::. UCl.j" t:J~~'-'==-U...i...J.L'~ ,,-..LJ.'C- C-J....1...~'-L.....L.V"-
_._~_ ~~, - ___ ., I' ,
UCLl.,..'C- u.L. ;....LJ.~ .f.-IO;::;:..L.....:h...J.J..i..LC...L. a,--L...i-V..LJ. ~..L-c::t"""'..J...1..,I.".::t .......1.l'l: 'C:::LLL,tJ..i..UYC': .J...1.1
lUWC:L QCilti.i..-:i ~a.J.l~C ~ 7l-J.C: C:1L-'};Jl0ycc:: .0 ~Clla.i..}' .blJ.Q....i....L .l.t::~uO'..j",.L.L
at 6u...:..li. 16vc;..I. u.LJ.L.l.l ~l.L6 h:lC1lo.J..Y- ..6.Cl.L.L=p:::~
_, . r _ ._ _ _ _ _ I 1 _ 'Tr _ _.&. . ""!
'i.".;-..La.Ii:ti:j.J......;....~'-a~~u.L.L t='--:i......O'..Li:J V.J... -:::::A'-Ct;:U.-.::;) L-.1.J.t;:; ~ -.l..Q.....cu Qa.~Cl..LY.
UJ..
.L.. ,.
Lll~
.i...H::W
When a Dersonnel action. e.a.. transfer to a Dosition in
another job c;Li1ls,;;ification as a result of a layoff or
reclassification to another ;ob classification as a
~~sult of a ch~nge in dutie~, ~esults in the lowering of
the salary ranae of a nermanent emolovee covered herein.
- - - - -
the incumbent emolovee's salarY shall be Y-rated.
- - -
"Y-rated" shall mean the maintenance of the emolovee IS
salary rate at the level effective the day orecedina the
- - ~
effective date of the Dersonnel action olacina the
- -
emolovee in a lower salarY ranae. The emolovee's salarY
- - - - - - -
shall remain at such level until the salarY ranae of the
- -
new classification eauals or exceeds the Y-rated salarY.
The emolovee shall be reoresented bv the baraainina unit
- - - - -
which reoresents the ; ob classification to which the
- -
affected emolovee has been transferred as the result of
a personnel action and the ~ployee shal;L pe cove.ed by
the terms and conditions of the Memorandum of
Understandina between the City of Santa Monica and that
bargaining unit.
2.0-62
Pay for Serving in a Hlgher Job ClasSlflcatlon
When, ~n the determinat~on of the Department Head or C~ty
Manager, ~t ~s necessary to specifically assign an
employee the s~gnif~cant dut~es and responsibillties of a
h~gher class~fication, the employee so assigned shall be
compensated as follows:
A. If the ass~gnment ~s temporary due to the vacatlon,
s~ck leave, Jury duty Dr other temporary absence of
the employee ~n the h~gher classif~cat~on, the
employee temporarlly asslgned shall be pa~d at the
- 17 -
rate o~ seventy-f~ve (75) cents per hour for all
such hours ass~gned after the employee works a
m~n~mum of two (2) consecutlve work days ~n the
h~gher classlflcatlon asslgnment, w~th payment:
retroactlve to the flrst day.
If the temporary asslgnment should last a mlnimum of
fourteen (14) consecutlve work days, the employee
temporarily assigned shall receive the salary rate
for the vacant classlflcatlon at the lowest salary
step that prov~des a mlnlmum flve (5) percent salary
increase, provlded, however, ~n no event shall the
salary rate exceed the maximum salary rate for the
vacant classif~cation be~ng filled by the employee
on a temporary basls. Sa~d increase shall be
retroactive to the flrst day wlth the employee
relmbursing the Clty for any addltional payment
received under paragraph one (1) above.
The City shall not rotate employees in and out of
higher pOSltlon classlflcation assignments 1n order
to avo1d paY1ng sa1d compensatlon.
B If the posit1on to be filled 1S vacant and there is
no valid el1gible llSt for the classiflcat1on, the
Department Head or City Manager, if he/she has
inltlated procedures to fill the vacancy on a
permanent basis, may assign an employee who meets
the minlmum qual1flcations of the vacant pos1t1on to
flll the posltion on a temporary detail (acting)
basls The employee so assigned shall rece1ve the
salary rate for the vacant classif1cation at the
lowest salary step WhlCh prov1des an lncrease of at
least five (5) percent over hls/her current salary.
In no event, however, shall the employee I s salary
rate exceed the salary range establ~shed for the
vacant classif1catlon being filled by the employee
on an "act~ng" bas~s. If an ellgible llSt eXlsts
for the vacant posltlon, the Department Head shall
appo1nt an employee from the ellglble llSt at the
earliest posslble date, and the provislons of this
paragraph shall be applicable to the employee
assigned to cover the vacancy 1n any lnterim period.
Noth~ng in th~s Section shall requ~re the C~ty to make
temporary assignments of employees.
- 18 -
2.07~
Sklll Pay
The followlng provlslons eXlst =or added pay~ent to
employees covered hereln who possess speclal sk~lls not
requlred of thelr classlflcat~on spec~flcatlons,
provldlng that sald speclal skllls are utlllzed by the
employee ln the performance of his/her Job
A Professional Englneer Reglstration
clvil Engineer Ass1stants, C1Vll Engineer
Assoclates, and Plan Check Englneers shall recelve
an additional $165.00 per month above thelT salary
rate after they recelve off~c1al reglstration by the
State of Callfornia. Such reglstratlon must be
maintained by the employees and supplemented by
regular, at least annual, courses in the englneerlng
field of study, or the skill pay wll1 be stopped as
of July 1 of the next flscal year. Courses whl.ch
will enable the employee to meet thlS requirement
must be approved by the employee I s superVlsor ln
advance. Sal.d courses must be taken on the
employee's own tlme and w11l be subJect to the
tUltlon relmbursement section of thlS Agreement.
B. Bilingual Sklll Pay
Qualif1ed employees who meet the criteria set forth
hereln shall recelve a bllingual Sklll pay of $50.00
per month. To recelve billngual pay the following
crlterla must be met.
(1) The employee must be asslgned to speak or
translate a language in addltlon to Engl~sh.
Th1S may lnclude speclalized communlcatlon
skllls such as s1gn language.
(2) An employee must regularly utllize such Skllls
durlng the course of their dutles or upon
request of C~ty management.
(3) To become quallfled, an employee must be
cert~fled as quallfled through examinat~on
adminlstered by the Personnel Department.
(4) In order to reta~n sald b~lingual skill pay
from one flscal year to the next, during the
flrst month of the new fiscal year (July) the
employee receivlng bllingual skill pay must be
recert~fled as quallfled through examlnat~on
admlnistered by the Personnel Department.
- 19 -
C. Professlonal Plannlng Reglstratlon
Planner, Associate Planne~s and ASSlstant Planners
shall receive an addr-tlonal $25.00 per mon:.h above
thelr salary raLe after they recel ve an Amerlcan
Institute of Certifled Planners certlficate Such
certlficate must be malntalned by the employees and
supplemented by regular, at least annual, courses ln
the plannlng fleld of study, or the skill pay wlll
be stopped as of July 1 of Lhe next fiscal year.
Courses which will enable the employee to meet this
requlrement must be approved by the employee's
superv~sor in advance. Sa~d courses must be taken
on the employee's own time and will be subJ ect to
the tuition reimbursement sectlon of thlS Agreement.
2.0-&.2.
Supervlsory Dlfferential
A supervisory dlfferentlal of 2.7% shall be paid to
employees covered hereln who are assigned to regularly
supervlse other employees In the same job classlficatlon
and who are not covered under the terms of the Section of
this MOil coverlng pay for serv~ng 1n a higher
claSSlfl.catlon.
2.~10 Shlft Dlfferential
Shlft differentlals shall be as follows:
A. Seventy-flve cents ($0.75) per hour for all hours
worked on the shl.ft for employees whose regular
schedule requlres that the employee work at least
four {4} hours between 4:00 p.m. and 12:00
Mldnlght, subJect to Subsectlons C, D and E below.
Bo Nlnety (90) cents per hour for all hours worked on
a Shlft for employees whose regular schedule
requires the employee to work at least four (4)
hours between 12:00 M~dnlght and 7:00 a.m.,
subJect to Subsectlons C, D and E below.
C If any employee quallfies under both Subsections A
and B above, Subsectlon B shall prevail.
D. Shift differentlals are not applicable when
scheduled hours are compensated as overtlme.
E.
Shlft different1als are
employee 15 worklng the
"split sh~ft." "Spllt
not appllcable when the
above hours as part of a
shift" 18 defined as: a
- 20 -
Shlft of elght (8) or more hours In a S1ngle day,
separated by a break of a~ least three (3)
non-work1ng hours dur~ng the shlft. Such eMployees
shall be pald the applicable shlft dl:ferentlal,
establlshed ~n Subsectlons A or B above, only for
the hours actually worked on that Shlft.
F. If, durlng the term of thlS Agreement, a hlgher
nlght Shlft dlfferentlal 1.5 prov1.ded by the Clty
Counc1l to any other barga~nlng unit, employees
covered here1.n shall recelve the hlgher rate.
- 21 -
ARTICLE III
SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A Med~cal Insurance
Effect~ve July 1, ~ 1997, the Clty agrees to pay up to
a maXlmum of $475 per month towards the cost of medlcal
lnsurance coverage for employees and el~glble dependents
provlded that employees covered here~n partlclpate In the
Clty-offered medlcal lnsurance programs. The cost of
medlcal insurance coverage w~ll be set at the beg~nnlng
of each medical plan year and wlll be a "composite"
monthly premlum der~ ved by d1 viding the total monthly
premium for all medlcal plans offered by the City, except
the PERS paRAe medlcal plans or any other PERS med~cal
plans, by the total number of employees enrolled In said
medlcal plans as of the beglnnlng of the med~cal plan
year. Any extra payment required under such plans shall
be paid by the employee elect~ng such coverage.
Effective July 1. 1998. the maximum amount un tQ wbich
the City aarees to nay towards the cost of medical
insurance coverage will be equal to the hi~hest meQ~c~l
insurance nremium contribution caD established for any of
- -
the City's other baraainina units. excludina any oremium
- - - --
contribution caD established for baraainina units who
- - -
participate in the PERS medical plan~,
The Clty and ATA agree that employees should beneflt from
any premium sav~ngs WhlCh accrue from the ~mplementatlon
of a new health ~nsurance program (Trlple Optlon Plan +
Kalser) in 1994. The following procedure wlll be
utll~zed to determlne savlngs, 1f any, and, 1n the event
of sav~ngs, how sald savings wlll be dlstrlbuted:
(1) The actual medical ~nsurance premlum costs for 1993
for non-safety employees shall be compared agalnst
the Clty'S actual premlum costs for the new Triple
Option Plan + Kalser for those same employees
(2) If there should be any premlum savings between 1993
and 1994, each employee's share of the savlngs wlll
be determlned by dividing the total amount of the
savlngs by the total number of Clty employees (non-
safety) part~c~patlng lD the Clty'S medical
lDsurance program. Each employee 1 s share of any
- 22 -
3.02
savlngs wlII be pald :'0 the employee by nc lat:er
than March I, 1995 Prlor to thlS payment, the C~ty
wlll meet and confer wJ..:.h A";A and :.he other C:.:.y
bargal.!'nng un:. ':5 to determlne the method by Whlcr:
salCi payment wlll be made (e. g. , lump SUM,
contrlbutlon to deferred compensatlon plan, etc.)
In the event the medlcal lnsurance premlums for the
Trlple Optlon Plan for 1995, and any subsequent calendar
year, should be less than the actual Clty medlcal
lnsurance premlums for 1993, the 8avlngs wlll be handled
1n accordance with the same procedure, outl1.ned above,
wlth the payment be:.ng made to the employees by no later
than March 1 of the followlng calendar year
B. Dental Insurance
Dental lnsurance coverage shall be provided at no
cost to the employees and thelr ellglble dependents
provlded that employees covered hereln partlclpate
1n the Clty-offered dental insurance programs.
C. Vision Insurance
The Clty agrees to provlde vlsion care lnsurance, at
no cost, to employees covered here In. The City
retalns the rlght to select the provlder and to set
the levels of coverage for sald V1Slon care
~nsurance plan. The City also retalns the r~ght to
change the provlder of sald V1Slon lnsurance plan
and/or the level of beneflts provlded under that
plan wlthout meetlng and conferrlng.
Retlrement
The Clty 18 a contract member of the PubllC Employees t
Retlrement System, and it lS understood and agreed that
such membershlp wlll be malntalned and that employee
ellglblllty classlfication, contrlbution, and benefits
are as prescrlbed ln the contract between the Clty and
the Publlc Employees I Retlrement System heretofore
approved by the Clty Councll The City shall contlnue to
pay on behalf of each permanent employee covered here~n
one-hundred (100) percent of the lnd~vldual employee's
share of the requlred retirement contributions to PERS
[seven (7) percent of the employee I s "compensation" as
deflned by PERS legislation] for the term of thlS MOU.
These payments are not lncreases of salary and no salary
range appllcable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
- 23 -
3.03
such paymen~s, as a result, the Clty wlll not treat :.hese
payments as ord~nary lncome and :.hus, wlll not wlthhold
Federal or State lncome tax therefrom. The Clty'S
practlce will be to report these payments as being those
of the employees so that they wlll be credlted to the
parclcular employee I S lndlvldual account wlth PERS and
upon termlnatlon wlll belong to the employee
It 1S agreed that 1f State and/or Federal procedures
requlre reporting of these payments ln any other manner,
the parties will ablde by such requlrements.
TUltlon Reimbursement
The City wlll budget annually sufflcient funds to provlde
each permanent Ilne-item employee of the ATA tuitlon and
requlred study material relmbursement for career
improvement or job enhancement courses approved by
authorlzed department management offlclals and subJect to
appeal to and approval of the Dlrector of Personnel.
Relmbursement shall equal the total cost of tUltlon
(excluslve of lodglng and meals) and the total cost of
requlred study materlals, provlded, however, that:
A
The maXlmum annua_
lndi vldual employee
dollars ($1000.00).
amount of relmbursement per
shall not exceed one thousand
B. The course of study must be approved ln advance by
authOY1Zed department offlClals and the Dlrector of
Personnel.
C. The course must be dlrected to quallfy the employee
for an employment position represented in the Clty
work force or to enhance current Job skills.
D. The employee must exhiblt some reasonable
expectatlon of quallfYlng for the new posltlon upon
successful completion of the study course if that
was the reason for the course.
E. Relmbursement shall be made upon successful
completlon of the pre-authorlzed course and upon
presentat10n of recelpts and proof of satisfactory
course completlon.
F In no event shall the Clty'S relmbursement be
reduced when there is an outslde source of aid
except ln those cases where the ald from any outside
source, plus the normal City reimbursement, exceeds
- 24 -
3.04
3.05
the cos~ of tU1t~on and study mateYlal =o~ tee
approved study cou~se
G. Only employees who have completed. a probatlonary
pe~lod wlth the C:.ty shall be el~glDle for th.l.s
program.
H. Courses for WhlCh tUltlon reimbursement wlll be made
must be taken on the employee's tiMe or on
authorlzed vacation leave.
I. The procedure to be followed wlth regard to the
adm~nlstrat~on of the tUltlon relmbUrSement program
shall be establlshed by the Personnel Department.
Deferred Compensatlon
T""'1 _ __, _ , _ _ _ _ ." ~ ~ _ _ _ _ _.,
~o.~.L-J. t::Hi,l-i..1.U:t t::'C .......u \I '=.L '=...... 1.1'=.1. w:::: ..L..L.L i:lJ...1C1...l....L. J..J'!t:: V.L.J... t.1..;;;:;:u
I ______.L.. _ ___ .......L_ _ ____ , .L. _ '1
.t:Ja...1.l-..L."-'..Lt-J(:I.'-..1.U.Ll. ......J.J, ......4.J.c "-..L......y ,::, U'=J...C.L.J..CU ......VUlt:--"1;;......li:lla.I.....L.U.J.J. !:--,..ir.Q.LJ.
......,_ _ ..-. _ L- ___ _ ~ -'--- ...1... .. ___,_ __., _ __ .L... "!_ _ _ . "
.....J..it;: ......J-.......:f O'~.Lt;:co '-v ......v.....1.L"..,J..~..uU.LC ,-U I-J...lt;; }J..LClll '-ll'C c:lLHUUJ,.Ll.- 1,..1.L'i;:;.
- -=- I _ _, ,. _ ~ , __ ...
~C:1.I.. .....J..'-.J..tJQ ~.J..U':::i ,=::alLl:-'.J..VY'='= .J..,;:, .....V"lI....1. .J...L..IUL.J..H':::j LV ....U'= tJ-'-QU VB
IJ..J..b/l.LCJ.. Lri:lJ..cil':, l.;UI... .LLU:":' L.u c"^'-"-c:cJ. ,:;,cvc.L..LL.y-I..L.-v-,,;: (}...:.,lla.-.l..':>>
\." I ~ G u; j;;.::l' llLuHLl" Iv.1. Qi-.y ~ti~ i...J..'-' .J..tJCl ~ .J..iig C:lLlt-':0:ic,=
The City shall establish and maintain a deferred
comoensation olan oursuant to the orovisions of Section
- --
457 of the Internal Revenue Code of 1986. as amended.
Each emp~oyee covered herein. at his or her sole
discretion. may defer and have deoosited into the City's
- -
457 Dlan a oortion of his or her comoensation uo to the
- - --
maximum amount p~rmitted by law. The city-paid
contribution of seventy-five dollars (S75.00}oer month on
- -
behalf of each em~lovee covered herein into the deferred
comoensation ulan shall he discontinued as of
- -
June 30. 1997. Anv contributions made into the 457 Dlan
- -
on or after July 1, 1997 will be considered to be
employee contributio~~r
Mlleage Reimbursement and Energy Conservatlon
Relrnbursement to permanent employees covered herel.n for
the authorlzed use of personal automoblles on City
business shall be at the rate authorlzed by the City
Council. Reimbursement rates wlll be consldered ln
preparlng budget recommendatlons at least every two (2)
years
Santa Monlca Municlpal Bus Llne tokens will be provlded
to any employee covered hereln who submlts, on the Clty
- 25 -
3 06
3.07
form, a record 0: h~s/her tr~ps (home to work s~te, wo~k
slte to home, or work slte to work slte) dur~ng the
precedlng month The Santa Mor~lca Municlpal Bus Llne
route number used for each trlp must be entered on the
relmbursement form.
Long Term Dlsabllity Insurance
The Clty agrees to maintain a long term dlsablllty
lnsurance plan for permanent employees covered hereunder
at no cost to the employee. The long term d1sabJ..l~ ty
insurance benef1ts wll1 be equal to 60% of elther the
employee's base salary or $6,667 00 per month, whlchever
amount lS less, reduced by the employee r S lncome from
other sources
Slck Leave Buy Back
The employee has the annual option to be pald for certain
unused slck leave on the terms noted below or to "bank"
unused s~ck leave.
Payment at the employee's base rate for the fiscal year
durlng which the sick leave was earned but not used shall
be made only to employees on the payroll as of June 30 of
that fiscal year. To quallfy for payment an employee must
have a sick leave "bank" of twelve (12) days. For the
purposes of thlS Section, "bank" shall mean slck leave
earned in pr~or years and reported in the "Slck Leave
Balance Brought Forward from Prlor Contract Year" column
of the I1VacatlOTI, Sick Leave and Compensatory Time"
report lssued by the Flnance Department at the beglnnlng
of the fiscal year durlng which payable slck leave lS
earned
Annual slck leave payoffs under this Section for
employees wlth less than ten (10) years of serVlce shall
be made accordlng to the following schedule:
Slck Leave Days Used
In the Flscal Year
Slck Leave Days Payable
At Flscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
- 26 -
3.08
Annual sick leave payoffs under thls Sectlo~ :or
employees wlth ten (10) or more years of serVlce shall be
made accordlng ~o the follow~ng schedule, provldlng there
are enough slck days accrued 1D ~he employee's slck leave
bank to cover the payoff descrlbed below:
Slck Leave Days Used
In the Flscal year
sick Leave Days Payable
At F~scal 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
For a part-tlme employee, the sick leave buy back
schedule, as set forth 10 the preceding paragraphs,
w~ll be prorated In the same ratlo as the number of
hours budgeted for the employee's posltlon bears to
the full-tlme work week.
It 18 mutually acknowledged by the partles that the
use of Code 40 or other tlme off not appropr1ately
scheduled In advance wlll disquallfy an employee
from ellglblllty for payment under thls Sectlon.
Sick leave for wh~ch payoff 18 recel ved shall be
consldered "used" ln that lt wlll not be added to
the "bank" (or lf added to the "bank" prior to the
payoff date shall be removed from the "bank")
Slck leave payoffs under thls Section shall be made
by separate check by the end of July followlng the
flscal year ln whlch the payable sick leave was
earned.
Unlforms
The C1ty shall provlde all necessary uniforms, as
determlned by the Clty, to each employee covered herein
who lS requlred by the Clty to wear a un1form.
- 27 -
3.09
Term Life Insurance
The Clty agrees to malntaln at no cost
term Ilfe lnsurance plan for permanent
hereln, wlth lndivldual coverage to
employee's base annual salary rounded
thousand dollars
- 28 -
to the employee a
employees covered
be equal to the
up to the next one
ARTICLE IV: LEAVES
4.01
Pa1d Holldays
Employees covered here1.n shall recelve pald hol:l.days as
provlded below:
New Year's Day - January 1
Mart1n Luther K1.ngts Birthday - Thlrd Monday In
January
..,. _ _ _ _ _L-'_ _, _ ~ _ '!:_
..L.I...L.1J.......l...i~.L.i. ::> D.L..Ll..J..Li..J..a.y - L"'C;.J..J..l...l.lGl.LY ~'"
Washlngton's Blrthday - Thlrd Monday ln February
Memorlal Day - Last Monday ln May
Independence Day - July 4
Labor Day - First Monday 1n September
Thanksglvlng Day - Fourth Thursday in November
The Frlday Follow1ng Thanksgiving Day
The Half-Day Immedlately Before Christmas Day
Chrlstmas Day - December 25
The Half-Day Immedlately Before New Yearts Day
One {1l Non-Cashable Floating Holiday
One {ll Cashable Floating Hollday
All Other Holldays Declared by the Clty Councll
In addlt10n, the Llbrary shall close by no later than
5:30 P.M. on the day before the Thanksg1v1ng hollday and
the day before the New Yearts Day hollday.
A non-cashab~e floating holiday becomes available as of
Januarv 1. Only those emDlovees who are on the Davroll
- - - - -
as of Januarv 1 shall be entitled to receive the non-
cashable floatin~ holid~y for th~t fiscal y~ar. The non-
cashable floatin~ holig~y must b~ taken before the end of
the fiscal Year. If the non-cashable floatina holiday is
- -
not taken bv the end of the fiscal vear. the holiday
- -
cannot be cashed out and is forfeited.
A cashable float1ng hol1day becomes available at the
beg~nning of each flscal year and must be taken before
the end of that fJ..scal year. Only those employees who
are on the payroll at the beglnning of the fiscal year
shall be entitled to recelve the cashable floating
hollday for the flscal year. A cashable floatlng holiday
not taken by the end of the flscal year may be pald to
the employee 1f the employee enters the day on hlsjher
final timecard for the flscal year. ra~luLc ~0 ~a~c ~hc
- 29 -
r-, _ _ _ ..
......L.......CL_..L.ll~
--- - - - -,
'-.J..liL~'-c;L...LU
....J.;:-...L..L'..J..a..~-~_ _V.L
.J............1. l...i..J.'C
i.-i.-- ,tJU.... LLL~
[.1..::.......0.1 .Y-:::~..:...
hv}..:....day
, . '"j i
~.1-.1O'..........
UL~
. 1
'-....1~
,
..Lc;,~_
.__....J~~~:..J..:....L,..Ir..:....C- 0..
f01.'::6...1-~"""J..'= :"y :...h,= '=ILl~:"0y6c: A floatlng hollday WhlCh lS
cashed out at the end of the flscal year shall be pald In
an amount equal to e1ght (8) hours of the employee t s
· straight - tlme base salary rate of pay. Failure to take
the cashable floatina holiday or to 'Out the holiday on
- - -
the last time card for the fiscal year shall constitute a
forfeiture bv the em'Dlovee. If an em'Dlovee should
-- - -- --
terminate his/her em'Dlovment pJ;'ior to the ~nd ot t;.p.fi!
fiscal year and if the employee was eliqible to rec9ive ~
cashable floatinq holiday but has not used s~id hQlid~y
bv the date on which his/her emDlovment is terminated.
- - -
the em'Dlovee will be 'Daid for the cashable floatina
- - - -
holiday on his/1;l,~. final pay check, with the employee
receivina eiaht (8) hours of Dav at the emDlovee's base
- -
salarv rate of nave
Whenever any day listed herein as a pald holJ.day falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day precedlng shall be
deemed the hollday If lt falls on the flrst day off, and
the day followlng shall be deemed the holiday lf lt falls
on the second day off ln lleu of the day Ilsted.
Whenever any day listed herein as a pald holiday falls
upon any day off of an employee who does not have two (2)
consecutlve days off, the followlng day shall be deemed
the hollday for such employee
Employees in departments or divisions observing dlfferent
hollday schedules shall, ln lleu of holidays listed
above, recelve holidays enJoyed by other operatlng
employees ln that department or divlsion, prov1ded,
however, that the same number of holldays [twelve (12)]
s~all be observed.
Whenever any day llsted here1n as a paid holiday falls
upon any day ocher than Saturday or Sunday when a City
faclllty (lncludlng department, d1vlslon or work unlt) lS
already scheduled to be closed to the public because of
the adoption of a compressed work schedule, employees who
work at said City facility wlll receive a floating
hollday in lleu of the day listed as the pald hollday.
ThlS floating hol1day cannot be accrued and carried over
to the next flscal year, and the floating hollday cannot
be cashed out at the end of the fiscal year. This
floatlng holiday must be taken by the end of the flscal
year in WhlCh it lS granted to the employee or be
forfe1ted.
- 30 -
4.02
4.03
Vacatlor. Leave
Employees covered here~~ shall accrue vacatlOn leave w~t~
pay on the followlng baS1S'
A Followlng completlon or the flrst SlX (6) calenda~
months of contlnuous serVlce, SlX (6} worklng days
B. Thereafter, up to and lncludlng flve (5) completed
years of serVlce, one (1) worklng day for each
completed calendar month of servlce.
C. Thereafter, up to and lncludlng ten (10) completed
years of service, one and one-quarter (1.25) worklng
days for each completed calendar month of serVlce
D. Thereafter, up to and lncludlng flfteen (15)
completed years of serVlce, one and one-half (1.5)
worklng days for each completed calendar mon:.h of
serv1ce
E. Upon completlon of flfteen (15) years of service and
thereafter, one and three-quarters (1. 75) worklng
days for each completed calendar month of servlce.
F Employees are expected to take the1r vacatlon each
year. An employee who has accrued vacatlon to the
maximums prescrlbed herein may be req~lred to take
vacat10n leave ln order to reduce the accumulat10n
balance The scheduling of vacatlon shall be
accordlng to department or dlV1Slon policles and
contlngent on the serVlce needs of the department.
G. Accrual of vacatlon leave shall not exceed forty
(40) days. If an employee 15 denled the time off
required to maintaln a vacat lon balance below the
maximum allowed, the Department Head shall authorlze
payment to the employee for such vacatlon as would
exceed the maXlmum accumulatlon Ilmit.
H. Except as prov1ded herein, the adminlstratlon or
appllcatlon of vacat10n leave provisions and the
limltatlons on the accumulatlon, proportionate
accumulat1on, schedullng and payment for such leave
shall be as prescribed ln the Civll SerVlce
provis1ons of the Santa Monlca Municipal Code.
Sick Leave
A. The use of slck leave shall be defined as in Sectlon
2.04.570 of the Santa Monlca Municipal Code, hereby
- 31 -
4 04
lnco~orated as lf set forth In full here1n, except
as follows:
Slck leave shall be deflned as absence from duty
because of the employeets 11lness or off-the-]ob
lnJury, exposure of the employee to contagious
dlsease as eVldenced by certlf~catlon from an
accepted medlcal authorlty, medlcal or dental
appointments of the employee or the employeets
dependent chlldren whlch could not be scheduled
during non-work hours, wlth proper advance
not1flcatlon to the Department Head, or illness or
injury of any member or the employeets household.
B. Employees covered hereln shall accrue slck leave
with pay on the followlng basis, provlded that
permanent part-tlme employees shall accrue slck
leave In that proportlon as the number of hours
budgeted for the position bears to the full-tlme
work week:
(1) Followlng the completlon of the first SlX (6)
calendar months of continuous serVlce, SlX (6)
worklng days
(2) Thereafter, one (1) work1ng day for each
comple~ed calendar month of service
C. The foregolng benefits are cumulative subject to the
followlng restrictlons
{I} No more than one-hundred-thirty (130) working
days may be applled agalnst sick leave for any
one (1) lllness.
D. Any employee who 1S absent because of sickness or
other physlcal disablllty shall notify hls/her
Department Head or other immediate superior officer
as soon as possible but In any event 1n accordance
with department rules and regulatlons.
Leave of Absence Wlthout Pay
A permanent employee covered here1n may be granted a
leave of absence wlthout pay upon appl1cation approved by
the Department Head and the C1ty Manager. Such leave may
not exceed one (1) yearts time Upon exp1ration of the
leave, the employee shall be relnstated to the position
held before the leave was granted. Such leave shall be
granted only ln those cases where an employee's record of
servlce and quallficatlons make lt deslrable for the City
- 32 -
4.05
4.06
4 07
4 08
to retaln the employee I s serVlces even at the cos:. 0:
some ~nconVenlence to the C~ty
M1litary Leave
The Clty will observe the mllltary leave requlrements of
State and Federal law
Workers! Compensatlon Leave
Any employee covered hereln who is rece1.Vl.ng d~sabllity
payments under the "Workerst Compensation Act of
Californla" (for on-the-Job lnJur1es sustalned whlle
engaged in the performance of the duties of any such
posltlon) shall recelve from the Clty, durlng the flrst
Slxty (60) days of such disability absence, payments ln
an amount equal to the dlfference between the dlsablllty
payments recelved under the Workers' Compensatlon Act and
the employee r s full salary. Such payments by the Cl ty
shall be made w1thout any deduction from accrued slck
leave benefJ..ts. The Cl ty 's obligatlon to make such
paYments shall not commence until the third day of such
disability absence.
Jury Duty
Employees covered herein, when duly called to serve on
any Jury and when unable to be excused therefrom, shall
recelve the regular base compensatlon less all Jury fees
rece1ved excludlng mlleage for the t1me requlred to be
spent ln court provlded that an lndlvldual employee wJ..1I
be so paid for Jury serVlce only once every three (3)
years and shall make every effort to cooperate wlth any
request by the Department Head to request a delay in jury
serVlce to accommodate 1mportant department work 1n
progress. Each employee recelvlng a notlce to report for
jury serVlce shall lmmedlately notlfy hls/her 1mmediate
supervisor. Whenever daily jury duty schedullng perm1ts,
employees shall return to their regular dally Job
asslgnment to complete their regular dally work hours
Bereavement Leave
Bereavement leave of not more than flve (5) working days
wlth pay shall be provlded for absence from duty due to
the death of a member of the employeets lmmedlate famlly,
mean1ng spouse, Chlld, brother, slster, parent, step-
parent, step-brother, step-sister, parent-ln-law, son-ln-
law, daughter-in-law, sister-in-law, brother-in-law,
grandparent, grandchlld, spouse of child, spouse of step-
child, steD-Darent of spouse, uncle, aunt, niece and
- 33 -
4.09
4.10
4.11
nenhew. I~ addltlon, bereavement leave of no:' more than
flve (S) worklng days wlth pay shall be provlded fa::'"
absence fro~ duty due to the death of any merrber of the
employee's household
Admlnistratlve Leave
The Clty agrees to grant each permanent employee covered
hereln four (4) admlnistratlve leave days off w1th pay
per flscal year ln recognition of thelr professlonal and
adm1nlstrative role at the Clty. Admlnistratlve leave
days shall be earned in one (I) day increments effectlve
at the beglnnlng of each three (3) month per10d of the
fiscal year, to be usable as accrued.
Payment equivalent to the employee I s base salary as of
June 30 for any unused admln1strative leave days shall be
payable to the employee, upon the request of the employee
at the end of the flscal year when earned. A pald
admlnistratlve leave day shall mean eight (8) hours at
the employee's stralght-t1me base salary rate of pay.
Parental Leave
Employees who have primary responsibility for the care of
a new chlld shaL. be entltled to a leave of absence
totaling four (4) months lmmediately follow1ng the
child's blrth or adoptlon and shall be returned to the
same llne-ltem posltlon occupied prlor to the leave upon
lts eXplratlon. Pald vacatlon leave, unused accrued
administratlve leave, unused accrued compensatory t1me
and slck leave, lf appllcable, as well as unpaid leave
shall be counted toward the four (4) month total.
Addltlonal leave may be requested under the provlsions of
Sectlon 4.04 of thlS MOU.
Matern1ty leave lS not
shall be admlnlstered
Federal law.
the
1n
same as parental
accordance with
leave
State
and
and
Fam1ly Leave
The City hereby agrees to lmplement famlly and medlcal
leave In accordance wlth the Californ1a Family Rights Act
(CFRA) and the federal Famlly and Med1cal Leave Act
(FMLA) for all employees covered hereln. These statutes
shall supersede and be 1mplemented in lleu of any
contract language or City pOllcy/practice whlch prov1des
a lesser benefit.
- 34 -
Before the lssuance of any adm1.n1.strat.lve regu:"at:..ons
per:'alnlng to leave under -=he CFRA or FMLA, :'ne C:. cy
agrees to d1.scharge :..ts Meet and confer obl:..gat1on w:..th
ATA.
- 35 -
5 01
ARTICLE V' WORKING CONDITIONS
5.02
Safety and Loss Preventlon
The city shall provlde a reasonably safe and healthy
work~ng enVlronment ln accordance w~th applicable State
and Federal laws, rules and regulatlons. The Clty shall
provide and rna1nta~n all equ~pment requ~red by applicable
safety laws and regular-ions and shall comply w~th all
other appllcable health and safety laws and regulatlons.
Employees shall report unsafe practlces, equlpment or
condi~ions to their supervisors. ATA agrees that whe~e
safety devlces or items of protectlve equlpment are
requlred or furnished, thelr use shall be mandatory
An employee who lS directed to perform a task which the
employee has good reason to belleve lS unsafe may request
an immedlate reVlew by hls/her Department Head and the
Personnel Dlrector who shall, lf deemed approprlate,
consult wlth the approprlate offlclal (s) . Dur1ng the
perlod of review and/or lnvestigatlon, the employee shall
not be requ~red to perform the task complained of, shall
not suffer loss of payor beneflts, and shall be asslgned
other appropriate dutles, if posslble.
If the task compla~ned of 1S deemed safe by the
approprlate offlclal(s), the employee shall then perform
the work as lnstructed
Both partles to thlS MOU agree to fully support the
Clty'S R1Sk Control POllCY, Sald POllCY sets forth the
City's commitment to malntalnlng a safe and healthy work
envlronment, to preventlng accldents and lnJuries and
mlnlmizing rlsk and loss wherever possible. Sald policy
outlines the safety responslbllltles of the Clty, C~ty
managers and supervlsors, and City employees.
Effect of Job Performance on Salary
Normally, placement on entry shall be at the A-Step of
the salary range and advancement through the range shall
normally be to B-Step at one (1) year of employment, C-
Step at two (2) years of employment, D-Step at three (3)
years of employment and E-Step at four (4) years of
employment.
The Clty Manager, ln exceptional cases, based upon
speclflc appraisal of the lmportance and dlfficulty of
- 36 -
5.03
5 04
the work and the exper~ence and ablllty of the pe~son :'0
be employed, or of the lncurnbent, may authorlze entrance
salaries hlgher than the ml~lmUm, and specla: 1TICyeaSes
earlley than what lS prescrlbed :.n ::he salary schedule
for the class and lenq~h of serVlce of the lncumbent. In
no event, however, shill ~he rate exceed the maximum rate
for that class.
Notwlthstand~ng any prOV1Slon contalned hereln, there
wlll be no lncrease ln wages of any Klnd as a result of a
NOT ACCEPTABLE ratlng on the employee's prescrlbed
periodic performance ratlng There wlll be no subsequent
lncreases in wages until the NOT ACCEPTABLE ratlng has
been improved to at least the SATISFACTORY level. If
overall performance lS rated NOT ACCEPTABLE, the employee
may be dlsmissed from serVlce, and lf two (2) consecut1ve
performance rat1ngs are marked NOT ACCEPTABLE, the
employee shall be dismlssed by appolntlng authorlty ror
lnefflclency (SMMC Sectlon 2.04.490). Any overall ratlng
lD the BELOW SATISFACTORY category may delay the next
scheduled salary step increase at the dlscretlon of the
appolnting authority. Such action shall remaln in effect
until the overall ratlng has been lmproved to at least
the SATISFACTORY level.
Ef=ect of Reasslgnment/Recertlflcatlon on Skill Pays
When a 11 skl1: II or addl tlonal pay referenced ln thlS MOD
lS the result of asslgnment to speclrled dutles or hours,
or of rnalntenance of a reglstratlon, certlficate or other
credentlal, the loss of the sklll or addltlonal pay due
~o the end of the asslgnment or fallure to malntain the
required registratlon, certlflcate or credential shall
not constltute a demotion, pursuant to Sectlon 2 04.680
of the Munlcipal Code
Employee parklng
It lS hereby agreed that the Clty wlll make every effort
to ma:.ntaln free parking as It presently eXlsts for Clty
employees at City faClllties. The employees covered by
thlS Agreement recognlze that the Clty must comply with
Regulatlon XV lssued by the Air Quallty Management
Dlstrlct (AQMD) and the C1ty'S Transportation Management
Plan Ordlnance. If the use of positlve incentlves does
not result in the Clty meeting the compliance
requirements of AQMDts Regulatlon XV or the Clty'S
Transportatlon Management Ordlnance withln one (l) year
of the effectlve date of thlS Agreement, lt lS understood
that the City can implement a charge for parking durlng
the term of this Agreement ln order to meet those
- 37 -
5.05
5 06
5.07
requlrements. In addition, 1f ::..': should become necessary
to charge for parklng dU~lng ~he term of tnls Agreemen~
lD orde~ to comply w1th any o~her SLate or Federal
requi~ement regard1ng transportatlon management, the Clty
can lmplement sald charge. However, 1n no event shall
the Clty lmplement such a charge for parklng wlthout
meetlng and conferring with ATA should any employee (s)
represented by ATA be subJect to such a charge.
Official Personnel Flle
Only that file maintalned by the CltytS Personnel Office
and the contents lt contains shall be consldered the
offlclal personnel flle for each employee covered hereln.
An employee's offlc~al personnel flle and any other flle
kept on that employee shall be confldential An
employee r s off1c::..al personnel flle may be revlewed only
by the employee, by indlviduals authorlzed to reVlew sald
flle on a need-to-know basls, and by other persons
authorized by the employee.
An employee covered by this MOU shall be entltled to
reVlew the content of hls/her officlal personnel flle at
reasonable intervals provlded that the employee schedules
an appolntment, at least twenty-four (24) hours ln
advance, during the regular bUSlness hours of the
Personnel Offlce.
Reductlon ln Hours from Full-Tlme to Part-tlme
In those cases where a permanent full-time employee
deslres to reduce hls/her work schedule to part-time, the
employee shall submlt a request for a reductlon In hours
to hls/her Department Head. As long as the operatlonal
needs of the Department and the Clty wlll still be met,
upon approval by the Department Head, the employee t s
request shall be approved. The request will cover a set
perlod of tlme, not to exceed SlX (6) months. At the end
of that tlme perlod, lf the employee wishes to continue a
reductlon in hours, he/she must submit another request to
his/her Department Head and receive the necessary
approvals. If lt should be determined that the reductlon
in hours can no longer be contlnued, the employee shall
go back to a full-time work schedule if he/she wishes to
retain his/her positlon wlth the City.
Work Schedules
In those cases where a permanent employee deslres to
modlfy hls/her work schedule to accommodate speclflc work
- 38 -
5 08
schedule needs of the employee (e g, dependem: ca::-e
arrangement-s) t.hat do no'::. fall wlth:.n the normal wo::-k
schedule establlshed for the employee 1 S pOSl tlOr:, ::he
employee shall submlt a request foy a work schedule
modifJ..ca::lon to hls/her Department Head As long as t.he
operatlonal needs of the Department and the Clty wlll
stlll be met, upon approval of the Department Head, t.he
employee I s request shall be approved If 1. t sho~ld be
later determlned that the operatlonal needs 0= t.he
depart.ment and the Clty can no longer be met wlth the
employee 1 s modlfJ..ed work schedule, the employee shall
receJ.. ve at lease thlrty (30) days 1 notlce that hls/her
modifled work schedule can no longer be continued In
the event that the employee cannot change h1.s/her o~tslde
schedullng needs to flt wlthJ..n the regular work schedule
establlshed for hls/her posltlon, the Clty wlll make
every reasonable effort to place sald employee ln another
like posltlon where the employee t s speclflc schedullng
needs can be accommodated. While nothlng in thlS Sectlon
requlres that the eMployee 1 S modified work schedule be
granted or that the employee be transferred to a llke
position to meet the employeets outside schedullng needs,
requests shall not be unreasonably denied.
If an employeets request for a modlfled work schedule is
den1.ed and if the employee does not agree wlth the
deC1.S10n that has been reached, the employee can grleve
such decislon under Section 6.04 (Grievance and Complalnt
Procedure) of thlS Agreement. Fallure to successfully
transfer an employee under thlS Sectlon wlll not be
grlevable
Promotlons
If, upon promotlon, an employee represented herein falls
to satlsfactorlly complete hls/her probatlonary perlod In
the posltion to whlch he/she has been promoted, or durlng
the probatlonary perlod wlshes to return to hls/her
former posit1.on, he/she shall have the rlght to return to
hls/her former posltlonl if vacant, or to a comparable
positlon In the same Job classiflcatlon lf a vacancy
eXlsts. If no vacancy eXlsts, the employee wlll have any
reappo1ntment rlghts to his/her former posltion as
provided by the Santa Monlca Munlclpal Code (Sectlon
2.04.450) .
- 39 -
ARTICLE VI. EMPLOYER/EMPLOYEE RELA~IONS
6 01
6.02
6.C3
6.04
Payroll Deductlons
It lS mutually understood and agreed that the City wlll,
subject to the prov~slons of Ordlnance No. 801 (CeS) and
durlng the term of thlS MOD, deduct monthly and remlt to
the offlce or offlcer designated in the employee payroll
deduction authorlzatlon Recognlzed Employee Organizatlon
dues, credl. t union investments or payments, health and
hospitallzatlon lnsurance premlums, and Ilfe and accldent
lDsurance premiums. Any or all of such payroll
deductlons are subject to termlnation by the Clty Manager
upon twenty-four (24) hours notlce for failure to comply
wlth the provlslons of thlS MOD.
Reasonable Notlce
It lS mutually understood and agreed that a copy of the
Clty Councilor Personnel Board agenda for each meeting
mailed, by U.S. Mall or lnterofflce mall, to the
a'.lthorlzed representatl ve of ATA shall consti tute
reasonable wrltten notlce, and notlce of an opportunlty
to meet wlth such agency, on all matters wlthln the scope
of representat10n upon WhlCh the Clty Councll or
Personnel Board may act
T1me Off for Assoclatlon BUSlness
Elected Board Members of ATA or thelr deslgnees shall be
allowed to utllize a total of forty (40) hours of time
off with pay during each flscal year to conduct necessary
Assoclatlon buslness. These forty (40) hours per flscal
year represent the aggregate maXlmum use for all
authorlzed representatl ves of ATA per flscal year, as
opposed to forty (40) hours per representatlve. Prlor to
such usage, authorlzed ATA representatives must recelve
prlor permlsslon from the Department Head, or hls/her
deslgnee, In wrlting. All such t1me off shall be
reported by sald ATA representatlve to the Dlrector of
Personnel for accounting purposes.
Grievance and Complalnt Procedure
A grlevance 1S a complalnt by one (1) or more employees
concernlng:
(1) Dlscipllnaryactions.
- 40 -
(2) A suspens ~ on r demo~ 1. or. or removal f rom a ll.ne ~ ~ t. €!:'
pos~tlon clasSlf1catl~~.
(3) The proceduye, ~a~lngr or ou~corne of a perfo~mance
evaluat1.on
(4) The appllcatlon or interpretatlon of thlS MOD and/or
ordlnances, resolut~ons, pol~cles, practices or
procedures affecting t.he employee's wages, hours or
work1ng condltlons
A. Grlevances related to dlsclplinary actlons,
includ1.ng the appeal of a suspenSlon, demO::'lon or
removal, shall be lodged by the employee and shall
be sub] ect to the procedures outl1.ned in Sect10n
2 04 740 and/or Sect1.on 2.04.750 et seq of the Santa
Monica MUDlclpal Code, WhlCh shall constltute the
sole admlnlstratlve recourse avallable under the
terms of this MOD.
B.
Grlevances related to the
outcome of a performance
resolved as fellows:
procedure,
evaluatlon
ratlng
shall
or
be
Step 1: An employee covered herein who bel1eves
that the prescribed evaluation procedures
have not been followed or that the
evaluation does not correspond to the facts
should make a written complalnt to hls/her
supervlsor wlthln ten (10) working days of
recelvlng the performance evaluatlon.
Step 2: 1: no satlsfactory response is recelved
wlthln f1ve {5) worklng days of f~ling the
complalnt, the employee should lmmedlately
forward the complalnt to hls/her Department
Head The Department Head shall have ten
(10) worklng days to respond to the
gr~evance
Step 3: If no sat1sfactory response ~s received
wlthln ten (10) worklng days, the employee
should ~mmediately forward the complalnt to
the Director of Personnel. The Director of
Personnel shall confer wlth the grlevant
and the Department Head and any other
lnterested partles and shall conduct such
other lnvestigatlons as may be adv1sable.
Step 4. The f1ndlngs of the D~rector of Personnel
shall be submitted to the City Manager
- 41 -
w~thln ten (10) work1ng days of recelVl~S
the cornplal~~ The Clty Manage~ shall wake
hls/her decls~on ~n wrltlng. The Clty
Manager I s declslon shall be f1.nal. The
dec~slon of the Clty Manager shall be
malled to the employee wlthln ten (Ie)
work2ng days of recelpt of the flndlngs of
the Director of Personnel.
The foregoing shall constitute the sole admlnlstratlve
recourse avallable under the terms of this MOD.
C. Grlevances related to the appl~catlon or
~nterpretation of this MOV and/or oralnances,
resolutlons, policles, practlces or procedures
affectlng the employee I swages, hours or work1.ng
conditlons shall be resolved as follows:
Step 1. The aggrieved employee {s) shall meet wlth
the 1mmediate supervisor to dlSCUSS the
gr1.evance. The gr1.evance or grlevances
must be stated ln wr~tlng, speclfically
c1.ting the MOU provision, ordinance,
resolutlon, rule, policy, practlce or
procedure that ~s the subJect of the
gr1.evance, the C1.rcumstances glving r~se to
the grievance, and the des1red solution to
the gr1.evance withlI: thlrty (30) calendar
days of the event glvlng rlse to the
grlevance or Wl thln th~rty (30) calendar
days of the employee learn~ng of the event
~f the employee could not have known of the
event gl ving rise to the grlevance when
sald event occurred.
If the matter cannot be sat~sfactorily
resolved wlth~n five is) worklng days
follow~ng the meetlng wlth the ~mmediate
superv~sor, the employee may subrnlt the
gr~evance and the deslred solution to the
second level supervisor, If any.
Step 2: The second level superVlsor shall meet with
the grlevant and the gr~evant's
representatlves, if any, no later than the
grlevant 1 5 fifth (5th) work day following
presentatlon of the grievance. Wlthln flve
{S} worklng days followlng such meeting,
the supervlsor shall give a wr1.tten
declslon to the grievant.
- 42 -
If the second level supervlsor does
have ~he author~ty to resolve
grlevance, 1': shall lmmed1ately
forwarded to :.he Department Head or
appropr1ate authorlty.
no~
.....n,Ql
.........-.
be
the
Step 3: If the grlevance lS not resolved at Step 2,
the employee may refer the grlevance wlthln
ten ( 10) worklng days to the Department
Head, who shall meet wlth the employee and
the employee I s representatlve, :.f any, to
discuss the gr:.evance wlthin the employeeTs
flfth (5th) worklng day followlng the
forwardlng of the grlevance Wl thln ;: 1 ve
(5) worklng days followlng such meetlng,
the Department Head shall glve a wrltte~
declslon to the grievant.
Step~: If no satlsfactory response lS yeceived
w1thln ten (10) worklng days, the employee
should lmmedlately forward the complalnt to
the Director of Personnel. The Dlrector of
Personnel shall confer with the grlevant
and the Department Head and any other
interested partles and shall conduct such
other lnvestlgatlons as may be advlsable.
Step 5 The flndlngs of the Director of Personnel
shall be subm1tted to the City Manager
wlth:.n ten (10) worklng days of receivlng
the complaint. The Clty Manager shall maKe
his/her declsion ln wrltlng. The C1ty
Manager 's declslon shall be final. The
declslon of the Clty Manager shall be
mailed to the employee wlthln ten (10)
worklng days of recelpt of the flndl.ngs
subml.tted by the Dlrector of Personnel.
D. All tlme periods in this Sectlon may be extended by
mutual wrltten agreement of the employee or the
employee's representative, lf any, and the
management representatlve 1nvolved.
E. If a management representatlve does not meet with
the grlevant or render a declslon wlthlTI the tlme
Ilmits specified, the employee may l.mmedlately
exerClse the next step ln the grievance process.
F. An employee who has lnltlated a grlevance, or
asslsted another employee ln init1ating and/or
processing a grievance, or who has testifled at any
- 43 -
heaY~ng shall no:' ~n any way be coerced, hlndeyed,
lntlffildatec or clscrlmloated agalnst for exerc~s~ng
th:..s rlgh:..
G Employees shall have ~he rlght to be represented ~n
grlevance matters ln the followlng manner:
1. Employees shall have the rlght to represent
themselves lndlvldually ln gr1evance matters
2 Employees may deslgnate a member of the
department or of ATA to represent therr ln
grlevance matters at steps 1 and 2 of the
grlevance process.
3. Employees may desJ.gnate a member of the
department, an ATA representative or a legal
representative to represent them ln steps 3 and
4 of the grlevance process.
ATA shal: notlfy the D1rector of Personnel, In
wrl tlng, of 1 ts deslgnated employee grlevance
representatlves and shall provide notlficatlon
of any change ln such representatlves.
H.
Reasonable tlme off wlthout loss
shall be glven to a grlevant
representatlve to lnvestlgate
grlevances, and to wltnesses In
meetlng or hearlng held dur1ng work
of payor
or ATA
and/or
any
hours
beneflts
employee
process
grievance
I. Before performlng grlevance work, ATA
representatlves, the grievant or wltnesses shall
obtaln permlsslon from the lmmedlate supervlsor.
Nelther the grlevant nor the representatlve nor
wltnesses shall interrupt or leave work If the
supervlsor determlnes that such interruptlons or
absence will unduly lnterfere with the work of the
employee. However, lf the superVlsor denles such
time off, tlme off must be granted wi th1n twenty-
four (24) hours of such request.
- 44 -
IN WITNESS WHEREOF, ~he
Memorandum of Understandlng
, ~ 1998.
ADMINISTRATIVE TEAM ASSOCIATES
Karen Plckett
Terl Dorio
Larry Keleman
APPROVED AS TO FORM
Marsha Jones Moutrle
Clty Attorney
part:les hereto
to be executed
- 45 -
caused thls
da yo::
have
thls
CITY OF SANTA MONICA
John Jallll, Clty Manager
Attest:
Clty Clerk
EXHIBIT A
Classlflcatlons subJect to ~he MOD shall be as follows
Accountant
Admlnlstrative Analyst
Archl.tect
Assistant Domestic Violence Counselor
ASslstant Planner
ASSoclate Planner
C1Vll Englneer
Civl.l Englneering Assl.stant
Civil Englneerlng Associate
Conservatlon Coordlnator
Crlme Prevent~on Coordlnator - SHO
Cr~me Prevention Coordinator
Domestlc Vlolence Counselor
Envlronmental Coordinator
Envlronmental Programs Analyst - Hazardous Materials Management
Environmental P~ograms Analyst - Resource Efflcl.ency
Employee Services Coordl.nator
EnVlronmental Inspeccor
Farmer's Market CoorOlnator
Lead Environmental Inspector
Llabll~ty Clalms Adjuster
L1brarlan I
Librarlan II
Llbrary Llteracy Program Coordl.nator
Loss Co~trol Of:lcer
Network Admlnlstrator
Perm1t and ProJect Analyst
Personnel Analyst
Plan Checklng Engl.neer
Prl.nclpal Water Cheml.st
Programmer Analyst I
Programmer Analyst II
Senlor Accountant
Sen~or Administrative Analyst
Senlor Personnel Analyst
Speclal ProJects Engineer
Systems Admi~istrator
Systems Analyst
Telecommunicatlons Analyst
Transportatlon Management Coordlnator
Transportatlon Management Speclalist
Transportation Planner
Video Tralning/Productlon Coordlnator
Waste Reduction Coordinator
Water Chemist.
Workerst Compensatlon Offlcer
Youth SerVl.ces Counselor
- 46 -
\
RESOLUTION NO 9244
(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
ADM/N/STRA TIVE TEAM ASSOC/A TES
WHEREAS, the City administration and representatives of the
Administrative Team Associates have met and conferred under the terms of Ordinance
No 801 (CCS) and have reached agreement on wages, hours and other terms and
condItions of employment; and
WHEREAS, Section 2.06 of Ordinance No 801 (eCS) of the City of
Santa MOnica requires preparatIon of a wrrtten Memorandum of Understanding
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 Administrative Team AssocIates;
J
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
ratified by the Administrative Team Associates, a copy of which IS attached hereto.
Section 2. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be rn full force and effect
APPROVED AS TO FORM:
/'f~, . ) J, ,,,-( ht. i
; I ~~L---h/.....,..~_<" IlLtf-.{. If..-0.J
MARSHA JONES MOUTRIE
City Attorney
:"PALSSU ReSQiutlOn ": 997 981
t
Adopted and approved this 3rd of March. 1998
~;:6k/~
Robert T Holbrook. Mayor
I, Mana M Stewart. City Clerk of the City of Santa MonIca. do hereby certify that
the foregoing Resolution 9244 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 3rd of March, 1998 by the follOWing vote
Ayes Councllmembers
Felnstem, Genser, Holbrook, O'Connor,
Rosenstein
Noes Councllmembers
None
Abstam Councllmembers
None
Absent Councllmembers
Ebner. Greenberg
ATTEST
'-
~ ~ - ~,_,'c.--d-
Mana M Stewart. City Clerk