SR-12-A (44)
..
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PE:KB:kbjcc2.bancroft.pms
Council Meeting: December 17, 1991
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 Supervisory
Team Associates (STA)
INTRODUCTION
This report requests that Council adopt the attached Resolution
authorizing the City Manager to execute a Memorandum of
Understanding (MOU) with the Supervisory Team Associates (STA).
BACKGROUND
The current Memorandum of Understanding
(MOU)
wi th the
Supervisory Team Associates (STA) expired on June 30, 1991. As
per the terms and conditions of the current MOU, negotiations
with STA to replace the current MOU commenced on March 27, 1991
and resulted in the attached MOU.
THis new agreement was
ratified by the membership of STA on December 2, 1991.
This agreement includes cost of living adjustments for FY91-92
and FY92-93: increases the amount that the City contributes
towards the city's deferred compensation plan: increases the
amount that the City contributes towards the cost of medical
insurance, but retains a "cap" on the city's contribution towards
IrJ~A-
n'~'"
U~- ~_ 1 ~~Q1
4
the cost of medical insurance coverage for employees and
dependents; increases coverage under a term life insurance plan;
and makes some other minor economic and non-economic changes.
FINANCIAL/BUDGET IMPACT
Funds have been included in the adopted budget.
RECOMMENDATION
It is recommended that Council adopt the attached Resolution
authorizing the City Manager to execute the attached MOU with the
Supervisory Team Associates.
Prepared by: Karen Bancroft
RESOLUTION NO.
(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
SUPERVISORY TEAM ASSOCIATES
WHEREAS, the City Administration and
representatives of the Supervisory Team Associates have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages, hours and other terms and conditions
of employment; and
WHEREAS, section 2.06 of Ordinance No. 801 (CCS) of
the City of Santa Monica requires preparation of a written
Memorandum of Understanding between the administration and
employees if an agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance 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
Supervisory Team Associates:
i
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
Mon~ca does hereby approve and authorize the City Hanager to
execute the Memorandum of Understanding executed by the
Supervisory 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~~S'~U ~
City Attorney
(KB."cc2")
MEMORANDL~ OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SUPERVISORY TEAM ASSOCIATES
TABLE OF CONTENTS
PAGE
ARTICLE/SECTION NUMBER
ARTICLE I:
1.01
1.02
1.03
1.04
1.05
1. 06
1. 07
l.Oa
1.09
1.10
1.11
1.12
1.13
1.14
1.15
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
3.04
3.05
3.06
3.07
3.08
3.09
GENERAL PROVISIONS
Parties to Memorandum...........................
3
4
4
4
4
5
5
5
6
7
7
7
a
Overpayment Remedy.. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Payments at Termination......................... 10
Purpos e. . .. . . . " . .. ... . III . . . . " .. . . . . . . . II . . . . . . . ... . . . . III .. .
Term of Agreement. .. . . . . oil ... . . . . . .. . " . . . . . . . ... . .. . . III .. .
city Council Approval...........................
Recognized Employee Association Name............
Scope of Representation.........................
Full Understanding, Modification, & Waiver......
Management Rights Reserved......................
Peaceful Performance of City Services...........
Validity of Memorandum of Understanding.........
captions for Convenience........................
Equal Employment..............................,............
Definitions.. . .. .. . . . .. .. .. .. . . . . ... .. .. .. . .. . .. " . . . . . .. .. .. . .. . .. .
COMPENSATION
Effective Date of Pay Increase........ .......... 12
Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Overtime. . . . . . . " . of . .. .. .. . .. .. . .. . . . " II .. .. .. . . . . .. . . .. .. . . .. 13
Shift Differential.............................. 14
Skill/Assignment Pay............................ 14
Call-Back Pay. .. .. .. .. .. . .. .. . . .. .. . . .. . . . ... . . .. .. .. .. . .. .. .. " ... ill .... 15
Pay Rate on Appointment/Supervisory Differential 16
Pay for Serving in Higher Job Classification.... 17
Bilingual Bonus................................................ 17
Y-Rating.. . . . . . . . . . . .. .. . . . . . . . .. . . .. . .. . . . . . . . .. . . .. .. ... 18
SUPPLEMENTAL BENEFITS
Health Insurance Programs....................... 19
Retirement. . . . . . . . . . . .. .. . . . .. .. .. . .. .. . . . . .. . .. .. .. .. .. . .. . .. 20
Tui tion Reimbursement........................... 20
Deferred Compensation........................... 21
Uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Mileage Reimbursement & Energy.................. 22
sick Leave Buy Back ............................ 22
Term Li fe Insurance............................. 24
Long Term Disability Insurance.................. 25
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ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
ARTICLE V:
5.01
5.02
5.03
5.04
5.05
5.06
ARTICLE VI:
6.01
6.02
6.03
6.04
Paid Hol idays.. . .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. ..
vacation Leave......................................................... II .. .. .. ..
sick Leave........."....................................................... II .. .. ..
Leave of Absence without Pay......... ...........
Military Leave..................................................................
Workers' Compensation Leave.....................
Bereavement Leave.............................................................
Jury Duty.................................................... III . .. .. .. . .. .. .. .. .. .. ..
Parental Leave..................................................................
Supervisory Leave
WORKING CONDITIONS
Safety & Loss Prevention........................ 32
Employee Parking.............................................................. 32
Effect of Job Performance on Salary.. ........... 33
Effect of Reassignment/Recertification on
Bonus/ Skill pay................................. 33
Supervisory Training. . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Work Schedules.. .. .. .. .. .. .. . . .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 34
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions.............................. 36
Reasonable Notice....................................... ill. 36
Time Off for Association Business............... 36
Grievance & Complaint policy.................... 37
26
27
28
29
29
30
30
30
30
31
EXHIBIT ., A II . .. . . .. .. . . . . . . . . . . ill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
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ARTICLE I: GENERAL PROVISIONS
1. Ol
Parties to Memorandum
This memorandum of understanding has been prepared
pursuant to the terms of Ordinance 801 (CCS) of the City
of Santa Monica, which Ordinance is hereby incorporated
by reference as if fully set forth herein, and has been
executed by the city Manager on behalf of management
officials of the City and by the Supervisory Team
Association (STA), and on behalf of employees occupying
the line-item full and part-time employment position
classifications set forth in Exhibit A which is attached
hereto and made a part hereof.
As of July 1, 1990, the following position classifica-
tions will no longer be represented by STA. However, an
incumbent in any of these classifications as of June 30,
1990 will be "grandfathered" in that he/she will continue
to receive STA benefits, as set forth in this Agreement
and any subsequent Agreements, as long as he/she
continues to hold the position classification in
question. Whenever one of the affected position
classifications becomes vacant, the new incumbent will
receive the benefits provided by the Memorandum of
Understanding representing that position classification
as of July 1, 1990.
Asphalt Crew Leader
Cemetery Business Assistant
Concrete Crew Leader
Event Attendant III
Lead carpenter
Lead Environmental Inspector
Lead Hazardous Materials Technician
Lead Painter
Lead Plumber
Maintenance Man III
Records Management Coordinator
Recycling Crew Leader
Senior Accountant
Senior Groundskeeper
senior Parking Meter Collector
Senior Tree Trimmer
storekeeper
Supervising Data Entry Operator
Support Services Supervisor
Wastewater Crew Leader
Water Leader
In the event new job classifications are created which
are proposed to be added to the STA unit, the Municipal
Employee Relations Officer will notify STA prior to the
Personnel Board and city Council considerations of the
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1. 02
1.03
1. 04
1. 05
new classifications. Any classifications proposed to be
added to the unit shall be agreed upon in writing and
will become effective upon execution by the President of
STA and the Municipal Employee Relations Officer.
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
herein: to provide an orderly and equitable means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by STA.
Term of Agreement
This agreement shall be effective as of the 1st day of
July 1991 and shall remain in full force and effect until
the 30th day of June 1993. It shall be automatically
renewed from year to year thereafter, unless either party
shall notify the other in writing not later than March 1
of each year that it desires to terminate or modify this
agreement, and specifically indicates requested
modifications. In the event that such notice is given,
negotiations shall begin no later than April 1 with a
signed contract desired July 1.
City Council Approval
This MOO is of no force ~~ effect whatsoever unless or
until ratified and approv .' ":Jy resolution duly adopted by
the City council of the c~ty of Santa Monica.
Recognized Employee Association Name
The STA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent line-item
employment position classifications set forth in Exhibit
A (which is attached hereto and made a part hereof)
pursuant to section 3.04 (c) of Ordinance 801 (CCS). It
is the mutual understanding of the parties hereto that
acknowledgment of the STA as the recognized employee
organization:
A.
Does not preclude employees
position classifications
themselves individually in
relations with the city.
in such
from
their
employment
representing
employment
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1. 06
1.07
LOB
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
classifications concerning their employment
relations with the city.
Scope of Representation
The scope of representation of the recognized employee
organization shall include all matters relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance 801 (CCS).
Full Understanding, Modification and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly within the scope of representation as
outlined in section 2.05 of Ordinance 801 (CCS). This
MOU constitutes the full and complete agreement of the
parties and there are no others, oral or written, except
as specified in this agreement or the attachments hereto.
The parties are not bound by any past practices or
understandings of either party unless such past practices
or understandings are specifically stated in this MOU
except that provisions or conditions not specifically
changed in this or previous MOU's shall be as prescribed
by the civil service provisions of the Santa Monica city
Charter and the Santa Monica Municipal Code. Each party,
for the term of this MOV, specifically waives the right
to demand or petition for changes herein, whether or not
the subj ects were known to the parties at the time of
execution hereof as proper subjects within the scope of
representation as outlined in section 2.05 of Ordinance
801 (CCS).
Management Rights Reserved
The City retains all rights not specifically delegated by
this agreement, including, but not limited to, the
exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees.
suspend,
schedule,
hire, promote,
transfer, assign,
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1. 09
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determine the overall mission of the unit of
government.
F.
Maintain and improve the efficiency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the mission
of an agency in situations of emergency.
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwise
specified above or by collective agreement.
Peaceful Performance of City Service
It is mutually understood and agreed that participation
by any employee in a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specific written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, sloW-down, sit-down,
stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down,
sitdown, stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services, the City, in addition
to any other lawful remedies or disciplinary
actions, may by action of the City Manager cancel
any or all payroll deductions, prohibit the use of
bulletin boards, prohibit the use of City
facilities, and prohibit access to former work or
duty stations.
c. Neither the employee organization, nor any person
acting in concert with them, will cause, sanction,
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1.10
1.11
1.12
or take part in any strike, walk-out, sit-down,
slow-down, stoppage of work, picketing, retarding of
work, abnormal absenteeism, withholding of services,
or any other interference with the normal work
routine. The provisions of this article shall apply
for the same term as this agreement, or during any
renewal or extension thereof. violation of any
provision of this MOU by the recognized employee
organization shall be cause for the city, at its
sole option, to terminate this agreement in addition
to whatever other remedies may be to the City at law
or in equity.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
Such illegal or invalid section shall be substituted with
a benefit of equal value or worth, with the parties
hereto to immediately commence to negotiate for the
purpose of replacing any such invalid or illegal
provision.
Should any change be made in any Federal or state law, or
in any rules and regulations implementing such
legislation, or in any city Charter provision or Santa
Monica Municipal Code provision which would be applicable
and contrary to any provision herein contained, then such
provision of this MOU shall be automatically terminated,
but the remainder of this MOU shall remain in full force
and effect. Such legislation and/or rules and
regulations shall supersede this MOU and applicable
clauses shall be substituted for those ruled invalid or
illegal. The parties hereto shall immediately commence
to negotiate for the purpose of replacing any such
invalid or illegal provision.
Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Equal Employment
It is agreed by both parties to this MOU that supervisors
play a special role in achieving equal opportunity in
selecting, training, promoting, and disciplining
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1.13
employees. The parties hereto will work in partnership
with the Personnel Department to ensure full compliance
with the letter and spirit of all applicable local,
State, and Federal laws, rules and regulations governing
equal opportunity and with the Affirmative Action Program
and Sexual Harassment Policy of the city of Santa Monica
which are incorporated by reference herein. Both parties
acknowledge that progress in meeting affirmative action
goals and the maintenance of a harassment-free work
environment are appropriate indicators of performance of
an employee subject to this MOU.
Definitions
The following definitions are to be applied in the
interpretation of this MOV:
A. "Salary Range" shall mean the normal five step (A
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position classification within the city work force.
B. "Salary Range Steps A through E" for each employment
position classification within the City work force
shall mean and be established to bear the following
percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be in annual
step increments contingent on satisfactory service.
Step A - 81% of step E
step B - 85% of step E
step C - 90% of Step E
Step D - 95% of step E
step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is 50 cents or less and the
next higher dollar when the computed amount is 51
cents or more.
D. "Line-item position" shall mean a position which is
(1) specifically itemized in the personnel schedule
of the annual budget of the City of Santa Monica and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage of
the full-time forty (40) hour week. other fringe
benefi ts shall be provided to part-time employees
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covered hereunder as if they were employed on a
full-time basis.
E. "Permanent Employees" shall mean:
(1) A person who is legally an incumbent of a
line-item position, full or part-time; or
_(2) A former incumbent of a line-item position on
authorized leave of absence from a regularly
budgeted position which position is held
pending the employees return.
The term "permanent employee" shall not be construed
to imply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to his/her status under the Municipal Code and City
Charter and applicable State law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City of
Santa Monica , either by original employment,
re-employment or promotion. The date of entrance
for employees with broken service shall be
considered as the date on which the last unbroken
service was effective.
G. "satisfactory Servicell shall mean the attainment of
an overall rating not less than "Satisfactory" on
the performance report associated with the
employee's most recent date of entrance anniversary.
H. lIFull-Time Work Week" shall mean forty (40) hours
within the seven (7) consecutive day period
established as the work week for the affected
employee(s) .
(I) Incumbents of line-item positions employed in
a work week less than that defined as the
full-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
budgeted for that position bears to the
full-time work week; incumbents of line-item
positions employed in a work week greater than
that defined as the full time work week shall
be compensated for hours in excess of the
full-time work week on the basis of and in
accordance with the provisions of the article
hereof relating to overtime.
(2)
Incumbents of
working less
line-item
than the
positions
fUll-time
regularly
work week
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1.14
1.15
shall accrue vacation, sick leave and other
time off in the same ratio as the average
number of hours they work per week is to the
full-time work week for the position occupied.
other fringe benefits shall be provided to
part-time employees covered hereunder as if
they were employed on a full-time basis.
I. IIpay II shall mean compensation for regular hours
worked, sick leave, vacation, bereavement leave,
holidays, supervisory leave days, compensatory time
off and/or jury duty.
J. uIn pay status" shall mean earning pay.
K. "completed Calendar Month of Service" shall mean a
calendar month in which an employee has been in pay
status for eleven or more working days.
L. "Working Day" as used in the section of this
Agreement pertaining to vacation accrual (Section
4.02) and sick leave accrual (Section 4.03) shall
mean eight (8) hours.
M. "Compressed Work Schedule" shall mean a work
schedule in which a full-time employee is assigned
to work a total of eighty (80) regularly scheduled
work hours in nine (9), or less, days in a given
two-week (i.e., two work week) period.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
City for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifies the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following
overpayment notification, or by other reasonable
re-payment method mutually acceptable to the employee and
the City, except that the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee.
Payments at Termination
When permanent employees covered hereunder leave the
service of the City of Santa Monica they shall be
entitled to a lump sum payoff of vacation leave, unused
supervisory Leave days and unused accrued compensatory
time only. No claim shall be made against the city for
the use or payment of unused sick leave or other leave
days, nor shall the effective date of termination be
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2.01
ARTICLE II: COMPENSATION
2.02
Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes in salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
Salaries
Salaries of City employees in line-item positions shall
be on a monthly rate, paid on a bi-weekly equivalent
basis. In lieu of the bi-weekly equivalent to a monthly
rate, the city Manager may fix the compensation of any
position at an hourly rate. In positions for which the
work week is forty (40) hours, the hourly rate shall be
determined by dividing the bi-weekly rate by 80.
A. Effective July 1, 1991, the E-step salaries of
employees covered hereunder shall be increased by
4.7%.
For the following classifications, the salary
increase provided in Subsection A of this Section
shall be applied to the following E-step salaries,
which reflect an equity adjustment. For the
purposes of this Section, the E-step for all other
classifications covered herein shall be that E-step
salary in effect as of June 30, 1991
License, Permit and Parking
Citation supervisor
Police Records Management
Supervisor
Water Production and Treatment
Supervisor
$4,359
4,359
3,822
B. Effective July 1, 1992, the E-step salaries of
employees covered herein shall be increased by a
minimum of four (4) percent, OR, if higher, by an
amount equal to the percentage increase in the
"cost-of-living" index as measured by the Consumer
Price Index (for Urban Wage Earners and Clerical
Workers, 1967 = lOO) for Los
Angeles-Riverside-Anaheim, California, published by
the u.S. Department of Labor, Bureau of Labor
Statistics, for the base period of April, 1991 to
April, 1992. However, in no event shall said
adjustment exceed eight (8) percent.
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,
2.03
overtime
A. Overtime for employees who are regularly assigned to
a five (5) day, eight (8) hour per day work week and
for permanent part time employees who regularly work
less than eight (8) hours in one (1) day and forty
(40) hours in one (1) week shall mean work in excess
of eight (8) hours in one (1) day or forty (40)
hours in one (1) week, provided such hours of work
have had the prior approval of an authorized
departmental management official. Overtime for
employees regularly assigned to a work day in excess
of eight (8) hours or work week in excess of forty
(40) hours shall mean work in excess of the
regularly scheduled number of hours in one (1) day
or in excess of the regularly scheduled hours in one
( 1) work week, provided such hours have had the
prior approval of an authorized management official.
All authorized overtime shall be compensated for by
cash payment based on one and one-half (1-l/2) times
the hourly rate equivalent of the employee's monthly
salary computed to the nearest one-tenth (.10) of an
hour, except that an authorized departmental
management official may grant compensatory time off
at the rate of one and one-half (1-1/2) hours off
for such overtime. Such compensatory time off may
accrue to a maximum of forty (40) hours.
B. Department management officials shall not
unreasonably deny an employee request for
compensatory time in lieu of pay. If compensatory
time off is accrued and not taken by June 30 of any
fiscal year, it will be paid to the employee at the
rate earned. There shall be no carryover of unused
compensatory time.
c. In no event may an employee's work schedule be
changed to avoid the payment of overtime unless the
employee initiates the schedule change. Further,
management will not schedule split shifts to avoid
overtime or for any other reason. (For those
classifications working a split shift as of July 1,
1987, this provision shall not apply.)
D. An employee who is directed to work on a scheduled
day off, shall receive time and one-half (1-1/2) for
all hours worked on that day.
E. In order to supplement eight (8) hours of paid leave
time for a regularly scheduled work day comprised of
more than eight (8) hours, the employee will have
the option of working the additional time required,
on a straight-time basis, during the applicable
payroll period, in order to receive a full day'S pay
for the day in question. Paid leave time would
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2.04
2.05
include holiday hours, vacation, sick leave and
supervisory leave.
Shift Differential
Permanent employees covered herein shall receive shift
differential as follows:
A. Sixty cents ($.60) per hour for all hours worked on
the shift for employees whose regular schedule
requires that the employee work at least four (4)
hours between 4:00 p.m. and 12:00 Midnight, subject
to C, D, and E below.
B. Seventy-five cents ($.75) per hour for all hours
worked on a shift for employees whose regular
schedule requires the employee to work at least four
hours between 12:00 Midnight and 7:00 a.m., subject
to C, D, and E below.
C. If any employee qualifies under both A and B above,
provision B shall apply.
D. Shift differentials are not applicable when the
scheduled work hours are compensated as overtime.
E. Shift differentials are not applicable when the
employee is working the above hours as part of a
"split shift." "Split shift" is defined as: a shift
of eight (8) or more hours in a single day,
separated by a break of at least three (3)
non-working hours during the shift. Such employees
shall be paid the applicable shift differential,
established in A or B above, only for the hours
actually worked on that shift.
F. If, during the term of this MOU, a higher shift
differential is provided by the City Council to any
bargaining unit of employees subordinate to
supervisors covered herein, employees covered herein
shall receive the higher rate.
Skill/Assignment Pay
The following provisions exist for added payment for
special skills or work assignments:
A. Registration by state of California civil
Engineers receive an additional $50.00 per month
above their base rate if they receive official
registration by the State of California. Such
registration must be maintained by the employees and
supplemented by regular, at least annual, courses in
- 14 -
2.06
the engineering field of study or the bonus will be
stopped as of July 1 of the next fiscal year.
Courses must be taken on the employees I own time;
however, courses which will enable the employees to
meet this requirement are subject to Tuition
Reimbursement.
B. rCBO certificates -- Building and Safety Operations
Supervisors receive an additional $50.00 per month
if they receive an International Conference of
Building Officials certificate as a combination
inspector. Lead Electricians and Lead Plumbers
receive $25.00 per month if they receive a
certificate in their specialty from ICBO. Employees
receiving such certification must maintain
certification to continue to qualify for the bonus.
Further, this must be supplemented by annual courses
in the applicable area of study or the bonus will be
stopped as of July 1 of the next fiscal year.
Courses must be taken on the employees lawn time;
however, courses which enable the employees to meet
this requirement are subject to Tuition
Reimbursement.
C. Any Sr. Groundskeeper who is required by the City to
possess a Pesticide License issued by the state of
California shall receive a monthly bonus of $40.00.
D. Any Supervising Staff Assistant who is assigned to
the Police Records Bureau shall receive a bonus of
5% , paid on a monthly basis, for the assignment.
said bonus shall cease if and when the
classification of Supervising staff Assistant is
replaced by another classification within that same
assignment.
Call-Back Pay
A. Should the City call back any full-time employee
after his/her normal working hours to perform work,
the city shall pay the employee the appropriate
overtime compensation but not less than a minimum of
three (3) hours pay regardless of time actually
worked as a result of being called back to work to
perform services for the city.
B. Should an employee in the Police Department receive
an authorized telephone call during his/her off-duty
hours for purposes of gaining information or doing
other work, said employee shall be entitled to
compensation at the minimum of one-half hour at the
appropriate overtime rate. Phone calls will be
compensated in quarter hour increments after the
minimum of 30 minutes has been met. Authorized
calls shall be defined as any calls made by or
- 15 -
2.07
authorized by the Watch Commander on duty at the
time of the call.
Pay Rate on Appointment/Supervisory Differential
A. During the life of this MOU, supervisors covered
herein shall maintain a differential in pay over
their subordinate employees. The differential for
all supervisors, except Motor Coach Supervisors,
shall be determined by setting the E-step salary for
the supervisory classification at a position on the
salary matrix which provides at least fifteen
percent (15%) more than the E-step salary of the
classification of their highest paid subordinate;
the differential for Motor Coach supervisors shall
be determined by setting the E-step hourly rate at
that position on the salary matrix which, when the
seven percent (7%) PERS contribution is added,
provides at least a twenty percent (20%)
differential over the E-step hourly rate for Motor
Coach Operators; except that the affected supervisor
must have on file a current performance rating of
SATISFACTORY OR BETTER to qualify for the terms of
this section.
B. In the event that the rate of pay being received by
an employee being appointed on promotion to a
classification covered by this MOU is equal to or
greater than the entrance salary of the new
position, the employee I s salary shall be increased
to that salary step for his/her job classification
which provides the next higher rate to that attained
in the former position, except as provided in C or D
below.
A reclassification of a permanent employee covered
herein to a higher level job classification will be
considered a promotion and the employee I s salary
shall be increased to the higher salary rate in the
new classification which provides a minimum of five
(5) percent salary increase, provided, however, that
in no event shall the salary rate exceed the maximum
salary rate for the new classification, except as
provided in C or D below.
C. In any event, an employee being appointed to a
position classification covered by this MOU shall be
placed at the step in the pay range for the job
class which provides not less than five percent (5%)
more than the highest rate being paid to
subordinates.
D. In no event may an employee r spay rate exceed the
established E-step for the job classification.
- 16 -
2.08
2.09
Pay for Serving in a Higher Job Classification
When, in the determination of the department head, it is
necessary to specifically assign an employee the
significant duties and responsibilities of a higher
classification, the employee so assigned shall be
compensated as follows:
A. If the assignment is temporary due to the vacation,
sick leave or other temporary absence of the
employee in the higher classification, the employee
temporarily assigned shall be paid at the rate of
seventy five (75) cents per hour for all such hours
assigned after the employee works a minimum of two
(2) consecutive work days in the higher
classification assignment, with payment retroactive
to the first day. The city, shall not rotate
employees in and out of higher position
classification assignments in order to avoid paying
said compensation.
B. If the position to be filled is vacant and there is
no valid eligible list for the classification or if
the position is temporarily vacant due to a long
term illness (more than 20 days) of the employee
employed in the higher classification, the
Department Head, if he/she has initiated procedures
to fill the vacancy on a permanent basis (if
appropriate), should assign an employee who meets
the minimum qualifications of the vacant position to
fill that position on a temporary detail (acting)
basis. The employee shall receive the salary rate
for the vacant classification, at the lowest salary
step which provides an increase of at least 5% over
his/her current rate of salary. If an eligible list
exists for the vacant position , the Department Head
shall appoint an employee from the eligible list at
the earliest possible date, and the provisions of
this paragraph shall be applicable to the employee
assigned to cover the vacancy in any interim period.
C. An employee specifically assigned to perform the
duties and responsibilities of a higher
classification may, after twenty working days,
choose to return to the original classification
provided that another qualified employee is
available to serve in the higher classification.
Nothing in this section shall require the city to make
temporary assignments of employees.
Bilingual Bonus
Qualified employees who meet the criteria
herein shall receive a bilingual bonus of
set
fifty
forth
(50)
- 17 -
2.10
dollars per month. To receive the bilingual bonus, the
following criteria must be met:
A. The employee must be assigned to speak or translate
a language other than English.
B. There is no limitation as to the number of employees
that can be assigned to speak or translate a
language other than English as long as the
employee(s) must regularly utilize such skill during
the course of their duties or upon request of
management.
C. An employee must be certified as qualified through
an examination administered by the Personnel
Department.
An employee who holds the position of communication
Center Supervisor and who qualifies for bilingual bonus
under this Section because of Spanish language skills
shall receive an additional $50.00 per month, for a total
of $100.00 per month.
Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee's salary may be Y-rated. IIY-rated"
shall mean the maintenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rate salary.
- 18 -
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Effective July 1, 1991, the city agrees to pay up to
a maximum of $435 per month towards the cost of
medical insurance coverage for employees and
eligible dependents provided that employees covered
hereunder participate in the City-offered medical
insurance programs. The cost of medical insurance
coverage will be set at the beginning of the medical
plan year and will be a "composite" monthly
insurance premium derived by dividing the total
monthly premium for all medical plans offered by the
ci ty , except the PERS PORAC medical plans or any
other PERS medical plans, by the total number of
employees enrolled in said medical plans as of the
beginning of the medical plan year. Any extra
payment required under such plans shall be paid by
the employee electing such coverage.
Effective July 1, 1992, the maximum amount up to
which the city agrees to pay towards the cost of
medical insurance coverage will be equal to the
highest medical insurance premium contribution cap
established for any of the City's other bargaining
units, excluding any premium contribution cap
established for the PERS PORAC medical plans or any
other PERS medical plans. The same terms and
conditions outlined in the first paragraph of this
Subsection will still apply.
B. Dental insurance coverage shall be provided at no
cost to employees and their eligible dependents
provided that employees covered hereunder
participate in the City-offered dental insurance
programs.
C. The City agrees to provide vision care insurance, at
no cost, to employees covered hereunder. The City
retains the right to select the provider and to set
the levels of coverage for said vision care
insurance plan. The City also retains the right to
change the provider of said vision insurance plan
and/or the level of benefits provided under that
plan without meeting and conferring.
D. Retiree Health Insurance - Employees with 20 or more
years of service with the City and who retire from
employment with the city after July l, 1987, shall
receive the following: for each 75 days of unused
sick leave accrued in the employee's sick leave bank
at the date of retirement, one year of health
- 19 -
3.02
3.03
insurance shall be furnished to the retiree, at the
appropriate retiree premium, provided that the
employee participates in one of the City's health
plans for retirees. Employees covered hereunder who
are hired on or after July 1, 1990 shall not be
eligible to receive this benefit. Current City
employees who obtain positions represented by STA on
or after July 1, 1990 shall also not be eligible to
receive this benefit.
Retirement
The city is a contract member of the Public Employee 's
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility classification, contribution, and benefits
are as prescribed in the contract between the City and
the Public Employee's Retirement System heretofore
approved by the city Council. The City shall continue
to pay on behalf of each permanent employee covered
herein one hundred percent (100%) of the individual
employee's share of the required retirement contributions
to PERS [seven percent (7%) of the employee's
"compensation" as defined by PERS legislation] for the
term of this MOU.
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
such payments; as a result, the city will not treat these
payments as ordinary income and thus, will not withhold
federal or state income tax therefrom. The City'S
practice will be to report these payments as being those
of the employees so that they will be credited to the
particular employee's individual account with PERS and
upon termination will belong to the employee.
It is agreed that if state and/or federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
Tuition Reimbursement
City will budget annually sufficient funds to provide
each permanent line-item employee of the STA tuition and
required study material reimbursement for career
improvement or job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Reimbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, provided however, that:
- 20 -
3.04
3.05
A. The maximum annual amount of reimbursement per
individual employee shall not exceed one thousand
dollars ($1000).
B. The course of study must be approved in advance by
authorized department officials and the Personnel
Director.
c. The course must be directed to qualifications for an
employment position represented in the City work
force or to enhancement of current job skills.
D. Reimbursement under this provision shall be made
only to employees who have completed the required
probationary period before completing the course for
which reimbursement is requested.
E. Courses taken under this article may not be taken on
city time.
F. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completion of the study course if that
was the reason for the course.
G. Reimbursement shall be made upon successful
completion of the pre-authorized course and upon
presentation of receipts and proof of satisfactory
course completion.
H. In no event shall the City's reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from any outside
source, plus the normal City reimbursement, exceeds
the cost of tuition and study material for the
approved study course.
Deferred Compensation
Each employee covered herein will be offered
participation in the City'S deferred compensation plan.
The City agrees to contribute to the plan, the amount the
participating employee is contributing to the plan on his
or her behalf, but not to exceed eighty-five ($85)
dollars per month for any participating employee.
Uniform Allowance
A. Each employee occupying a regular full-time position
or a permanent and continuing part-time position in
the employment position classifications covered
herein, if required to wear a uniform and such
uniform is not furnished by the city, shall receive
a monthly uniform maintenance allowance of $40.00.
- 21 -
3.06
3.07
In addition to a continuation of the current monthly
uniform allowance described in the first paragraph
of Subsection A, above, the City will provide one
(1) new uniform each fiscal year for the following
STA classifications in the Police Department
providing said STA employee (s) is/are required to
wear a uniform: Jail Manager, parking Checker
Supervisor and supervising Animal Control Officer.
B. If, during the term of this agreement, the uniform
allowance provided to any employees in a unit
composed of subordinates to supervisors herein
exceeds $40 per month, the employees covered herein
shall receive the higher amount.
C. The City agrees to furnish and maintain coveralls to
those employees that are required to do work that
may cause damage to their personal clothing.
D. Supervisors not covered above will be furnished with
a distinctive work uniform as prescribed by the
City. The City will provide at least nine (9) sets
of such uniforms. Maintenance of these uniforms
will be in accordance with existing City contracts
concerning said uniforms.
Mileage Reimbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automobiles on City
business shall be at the rate authorized by the City
Council. Reimbursement rates will be considered in
preparing budget recommendations at least every two
years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered hereunder who submits, on the City
reimbursement form, a record of his/her trips (home to
worksite, or worksite to home) during the preceding
month. The Santa Monica Municipal Bus Line Route number
and the Bus number used for each trip must be entered on
the reimbursement form.
Any employee who has not been issued a City parking pass,
or who voluntarily turns in his/her parking pass, shall
be eligible to receive forty (40) tokens per month under
the terms described above.
Sick Leave Buy Back
Employees covered herein are eligible for participation
in the sick leave payoff option as described below.
Employees hired prior to July 1, 1987 have already made
- 22 -
their irrevocable choice; uni t employees who have not
previously made a choice of payoff options shall make
their selection at the time they first become eligible to
select payoff. Once an employee makes his/her decision to
accumulate unlimited sick leave or to participate in the
payoff program and limit accumulation to 130 days, the
decision is irrevocable.
Employees covered herein have two optional sick leave
programs to choose from. Because the choice is one-time
and irrevocable employees should carefully consider their
long and short term needs in arriving at a choice. The
two programs are as follows:
A.
program I - the employee has the annual option
paid for certain unused sick leave on the
noted below or to "bank" unused sick leave
maximum accumulation of one-hundred-thirty
(130) .
to be
terms
to a
days
PaYment at the employee's base salary for the fiscal
year during which the sick leave was earned but not
used, excluding any special assignment or bonus pay,
shall be made only to employees on the payroll as of
June 30 of that fiscal year. To qualify for paYment
an employee must have a sick leave "bank" of 12
days. For the purposes of this section, "bank"
shall mean sick leave earned in prior years and
reported in the "Sick Leave Balance Brought Forward
from Prior Contract Year" column of the "vacation,
Sick Leave and Compensatory Timelt report issued by
the Finance Department at the beginning of the
fiscal year during which payable sick leave is
earned.
Annual sick leave payoffs under this section for
employees with less than ten (10) years of service,
shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this section for
employees with ten (10) or more years of service
shall be made according to the following schedule,
providing there are enough sick days accrued in the
employee's sick leave bank to cover the payoff
described below:
- 23 -
3.08
Sick Leave Days Used
In the Fiscal Year
sick Leave Days payable
At Fiscal Year End
2 or less
3
4
5
6
7
8
9
10
II
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the
use of Code 40 (leave without pay) should be limited
to situations where no other appropriate paid leave
is available. The use of Code 40 in lieu of sick
leave, or the use of other paid time off not
appropriately scheduled in advance, will disqualify
an employee from eligibility for payment under this
section for the year in which the unauthorized leave
occurs, and may subject the employee to disciplinary
action.
Sick leave for which payoff is received shall be
considered "used" in that it will not be added to
the "bank" (or if added to the "bank" prior to the
payoff date shall be removed from the "bank").
Sick leave payoffs under this section shall be made
by separate check by the end of July following the
fiscal year in which the payable sick leave was
earned.
B. program II - The employee has no option for pay for
unused sick leave and "banks" unused sick leave
with no limit or maximum accumulation.
Term Life Insurance
Effective as ~f the first of the month following
ratification of this Agreement by both parties, the city
agrees to maint ~n at no cost to the employee a term life
insurance plan .:or permanent employees covered herein,
with individual coverage of one times the employee's
annual base salary. The amount of term life insurance
which an employee covered herein is entitled to receive
shall be determined July 1 of each fiscal year and remain
in effect until the next July 1.
- 24 -
3.09
Long Term Disability Insurance
The City agrees to maintain a long term disability
insurance plan for permanent employees covered herein at
no cost to the employee. The long term disability
insurance benefits will be equal to 60% of either the
employee's base salary or $6,667.00 per month, whichever
amount is less, reduced by the employee's income from
other sources.
- 25 -
ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered hereunder shall receive paid holidays
as provided below:
New Year's Day - January 1
Martin Luther King's Birthday - Third Monday in
January
Lincoln's Birthday - February 12
washington's Birthday - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday in November
The Friday Following Thanksgiving Day
The Half-Day Immediately Before Christmas Day
Christmas Day - December 25
The Half-Day Immediately Before New Year's Day
One Floating Holiday
All Other Holidays Declared by the City Council
A paid holiday shall mean eight (8) hours of pay at the
employee's straight-time base salary rate of pay.
A Floating Holiday becomes available at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year may be paid to the employee by the
employee entering the day on the timecard for the last
paycheck of the fiscal year. Failure to take the floating
holiday or to put the holiday on the last timecard for
the fiscal year shall constitute a forfeiture by the
employee.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if it falls
on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Time worked on an authorized paid holiday, up to the
number of hours worked in a normal work day, shall be
compensated as straight time overtime at the hourly rate
equivalent to the monthly salary, in addition to the
holiday pay; except that if a supervisor has a
subordinate who receives a rate greater than straight
time, the supervisor shall receive the same multiple of
hours worked as his/her subordinate. Time worked on a
- 26 -
4.02
holiday in excess of the number of hours in an employee's
normal work day shall be compensated as overtime at time
and one-half. When an employee covered herein is required
to work on a holiday, the employee shall have the option,
with the approval of their supervisor, to "float" the
eight (8) hours of holiday time and to schedule an
alternative day off or to be paid within ninety (90)
calendar days, but no later than June 30 of the fiscal
year in which the assigned holiday work occurred.
Employees in departments or divisions observing different
holiday schedules shall, in lieu of holidays listed
above, receive holidays enjoyed by other operating
employees in that department or division, provided,
however, that the same number of holidays (12) shall be
observed.
Whenever any day listed herein as a paid holiday falls
upon any day other than saturday or sunday when a City
facility (including department, division or work unit) is
already scheduled to be closed to the public because of
the adoption of a compressed work schedule, employees who
work at said City facility will receive a floating
holiday in lieu of the day listed as the paid holiday.
This floating holiday cannot be accrued and carried over
to the next fiscal year, and the floating holiday cannot
be cashed out at the end of the fiscal year. This
floating holiday must be taken by the end of the fiscal
year in which it is granted to the employee or be
forfeited.
Vacation Leave
Employee's covered herein shall accrue vacation leave
with the pay on the following basis:
A. Following completion of the first six calendar
months of continuous service, six (6) working days.
B. Thereafter, up to and including five completed years
of service, one (1) working day for each completed
calendar month of service.
c. Thereafter, up to and including ten completed years
of service, one and one-quarter (1.25) working days
for each completed calendar month of service.
D. Thereafter, up to and including fifteen completed
years of service, one and one-half (1.5) working
days for each completed calendar month of service.
E. upon completion of fifteen years of service and
thereafter, one and three-quarters (1.75) working
days for each completed calendar month of service.
- 27 -
4.03
F. Employees are expected to take their vacation each
year. An employee who has accrued vacation to the
maximum prescribed herein may be required to take
vacation leave in order to reduce the accumulation
balance. The scheduling of vacation shall be
according to department or division policies and
contingent on the service needs of the department.
If an employee is denied the time off required to
maintain a vacation balance below the maximum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensation.
G. Accrual of vacation leave shall not exceed forty
(40) days.
H. Except as provided herein, the administration or
application of vacation leave provisions and the
limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil service
provisions of the Santa Monica Municipal Code.
Sick Leave
A. The use of sick leave shall be defined as in Section
21041 of the Santa Monica Municipal Code, hereby
incorporated as if set forth in full herein, except
as follows:
Sick leave shall be defined as absence from duty
because of the employee's illness or off-the-j ob
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medical authority, medical or dental
appointments of the employee or the employee's
dependent children which could not be scheduled
during non-work hours, with proper advance
notification to the Department Head, or illness or
injury of any member of the employee's household.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that
permanent part-time employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the position bears to the full-time
work week:
(1) Following the completion of the first six
calendar months of continuous service, six (6)
working days.
- 28 -
4.04
4.05
(2) Thereafter, all sick leave accruals shall
accrue on the basis of one (1) working day for
each completed calendar month of service.
c. The foregoing benefits are cumulative subject to the
following restrictions:
(1) No more than one-hundred thirty (130) working
days may be applied against sick leave for any
one illness.
(2) Accrual of sick leave shall be limited to one
hundred and thirty (130) working days, unless
the employee has selected option I in Section
3.08 herein, except that no employee who has
currently accrued a "bank" of sick leave in
excess of one hundred and thirty (130) working
days shall be subject to this limit unless or
until that "bank" drops below one hundred and
thirty (130) working days.
D. Any employee who is absent because of sickness or
other physical disability shall notify his/her
department head or other immediate superior officer
as soon as possible but in any event in accordance
with department rules and regulations.
Leave of Absence Without Pay
A permanent employee covered herein may be granted a
leave of absence without pay upon application approved by
the Department Head and the City Manager. Such leave may
not exceed one year's time. Upon expiration of the
leave, the employee shall be reinstated to the position
held before the leave was granted. Such leave shall be
granted only in those cases where an employee's record of
service and qualifications make it desirable for the
city to retain the employee1s services even at the cost
of some inconvenience to the City.
An individual reinstated following a leave of absence
without pay shall receive full seniority rights as if
fully employed during the leave only if said leave of
absence was of duration of 4 months or less and was for
the purpose of parental or maternity leave.
Military Leave
The City will observe the Military leave requirements of
State and Federal law.
- 29 -
4.06
4.07
4.08
4.09
Worker's Compensation Leave
Employees covered herein hired by the City on or before
June 30, 1985, receiving disability payments under the
Workers' Compensation Act of California shall receive the
difference between the d~sability payments under the Act
and full salary during t.:.e first ninety (90) days of such
disability absence.
Employees covered herein hired by the City on or after
July 1, 1985, shall be entitled to only those Workers I
compensation benefits specified under state law and shall
receive no salary from the City during a leave for
injuries covered by the Workers' compensation Act.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
meaning spouse, child, brother, sister, parent,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, grandparent or grandchild. In
addition, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
duty due to the death of any member of the employee I s
household.
Jury Duty
Any permanent employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom, shall receive the regular pay less all jury
fees received excluding mileage, for the time required to
be spent under the jurisdiction of the court. Each
employee receiving a notice to report for jury service
shall immediately notify his/her immediate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Employees covered herein may be required to provide proof
of jury service to receive jury duty pay.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
entitled to a leave of absence totaling four (4) months
immediately following the child's birth or adoption and
shall be returned to the same line-item position occupied
prior to the leave upon its expiration. Primary
- 30 -
4.10
responsibility may be established b~ providing
documentation that the employee's spouse ~s medically
incapacitated or when the spouse is gainfully employed
during hours the employee is normally scheduled to work
and no schedule change for the employee's spouse is
possible. Paid vacation leave , and sick leave if
applicable, as well as unpaid leave shall be counted
toward the four month total. Additional leave may be
requested under the provisions of Article 4.04 of this
MOU.
In the event of a conflict with State or Federal law, the
City will comply with the provisions of applicable State
or Federal law.
Materni ty leave is not the same as parental leave and
shall be administered in accordance with state and
Federal law. When an employee returns to work following
maternity leave, said employee shall be reinstated to her
former position.
Supervisory Leave
As partial recognition of the supervisorial and sensitive
nature of the employee-employer relationship as regards
employees covered hereunder, the Ci ty hereby agrees to
grant five (5) bonus days off with pay per fiscal year.
These five (5) bonus days shall be in addition to any
other regular benefits which accrue hereunder. Four (4)
of the bonus days shall be granted in one (1) day
increments effective at the beginning of each three (3)
month period of the fiscal year, to be usable as accrued.
The fifth (5th) supervisory leave day per each fiscal
year shall be made available at the beginning of the
fourth quarter of the fiscal year if the employee plans
to either take the day off or be paid for it at the end
of the fiscal year. If the employee should elect to use
the day, in increments of one (1) hour, to supplement
eight (8) hours of paid leave time for a regularly
scheduled work day comprised of more than eight (8)
hours, the employee will be given access to the fifth
(5th) supervisory leave day at the beginning of the
fiscal year. The employee will indicate the option that
he/she is electing to take as regards the fifth (5th)
supervisory leave day at the beginning of each fiscal
year.
Payment equivalent to the employee's basic salary for any
unused bonus days shall be payable to the employee at the
end of the fiscal year when earned.
A paid supervisory leave day shall mean eight (8) hours
at the employee's straight-time base salary rate of pay.
- 31 -
ARTICLE V: WORKING CONDITIONS
5.01
5.02
Safety and Loss Prevention
The City shall make every reasonable effort to provide
and maintain a safe place of employment. The City shall
provide and maintain all equipment required by applicable
safety laws and regulations and shall comply with all
other applicable health and safety laws and regulations.
Employees shall report unsafe practices, equipment or
conditions to their supervisors. The use of safety
devices and protective equipment provided by the City
shall be mandatory.
An employee who is directed to perform a task which the
employee has good reason to believe is unsafe may request
an immediate review by his/her Department Head and the
Personnel Director who shall consult with the City
Building Officer, Fire Marshall, County health officials,
or state health officials as appropriate. During the
period of review and/or investigation the employee shall
not be required to perform the task complained of, shall
not suffer loss of payor benefits, and shall be assigned
other appropriate duties, if possible.
If the task complained of is deemed safe by the
appropriate official, the employee shall then perform the
work as instructed.
The City shall continue to consult with a committee of
video display terminal users, at least one of whom shall
be an STA representative, regarding work environment and
other concerns of individuals who spend half or more of
their work week using VDTts.
Both parties recognize the role that Supervisory
officials play in loss prevention and safety and agree
that measures of loss prevention and safety are one
appropriate indicator of performance of an employee
subject to this MOU.
Employee Parking
It is hereby agreed that the city will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management
District (AQMD) and the cityts own Transportation
Management Plan Ordinance. If the use of positive
incentives does not result in the city meeting the
compliance requirements of either AQMDts Regulation XV or
- 32 -
5.03
5.04
the City's Transportation Management Plan Ordinance
within one year of the effective date of this agreement,
it is understood that the city can implement a charge for
employee parking in an effort to meet those requirements.
In addition, if it should become necessary to charge for
parking during the term of this agreement in order to
comply wi th any other local, state or federal
requirements regarding transportation management, the
ci ty can implement such charge. However, in no event
shall the City implement such a charge for parking
without meeting and conferring with STA should any
employee(s) represented by them be subject to such a
charge.
Effect of Job Performance on salary
The City Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rating has
been improved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE, the employee
may be dismissed from service, and if two consecutive
performance ratings are marked NOT ACCEPTABLE, employee
shall be dismissed by appointing authority for
inefficiency (SMCC Section 2104Al). Any overall rating
in the BELOW SATISFACTORY category may delay the next
scheduled salary step increase at the discretion of the
appointing authority. such action shall remain in effect
until the overall rating has been improved to at least
the SATISFACTORY level.
Effect Of Reassignment/Recertification On Bonus/Skill
Pays
When a "bonusu, "Skill", or additional pay referenced in
various sections of this MOU is the result of assignment
to specified duties or hours, or of maintenance of a
registration, certificate or other credential, the loss
of the bonus, skill, or additional pay due to the end of
the assignment or failure to maintain the required
registration, certificate or credential shall not
- 33 -
5.05
3.06
constitute a demotion, pursuant to Section 2105E of the
Municipal Code.
Supervisory Training
The City recognizes the importance of maintaining
supervisor awareness of policies, regulations, laws and
procedures which pertain to the duties and
responsibilities of employees covered herein. The City
will provide at least annual training to supervisors
covering such subjects as affirmative action, sexual
harassment, employment discrimination, discipline,
grievance handling, performance evaluation, labor laws
and practices, safety and loss prevention. Such
training will be supplemented by periodic bulletins and
updates regarding changes in applicable law, policies, or
regulations.
supervisors covered herein are encouraged to use training
and tuition reimbursement programs to seek additional
skill development in supervisory function and
responsibility.
A joint labor-management committee shall be established
to develop and implement supervisory training goals and
objectives, as well as programs, for the employees
covered hereunder. Said committee shall be comprised of
not more than three (3) representatives from STA and not
more than three (3) representatives from the City's
Personnel Department. This committee shall meet not less
than one time per quarter during the City's fiscal year,
with the meeting to be held during the first month of
each quarter.
Work Schedules
In those cases where a permanent employee desires to
modify his/her work schedule to accommodate specific work
schedule needs of the employee (e.g., dependent care
arrangements) that do not fall within the normal work
schedule established for the employee's position, the
employee shall submit a request for a work schedule
modification to his/her Department Head. As long as the
operational needs of the Department and the City will
still be met, upon approval of the Department Head, the
employee I s request shall be approved. If it should be
later determined that the operational needs of the
Department and the City can no longer be met with the
employee's modified work schedule the employee shall
receive at least thirty (30) days' notice that his/her
modified work schedule can no longer be continued. In
the event that the employee cannot change his/her outside
scheduling needs to fit within the regular work schedule
established for his/her position, the city will make
- 34 -
every reasonable effort to place said employee in another
like position where the employee I s specific scheduling
needs can be accommodated. While nothing in this Section
requires that the employee I s modified work schedule be
granted or that the employee be transferred to a like
position to meet the employee's outside scheduling needs,
requests shall not be unreasonably denied.
If an employee's request for a modified work schedule is
denied and if the employee does not agree with the
decision that has been reached, the employee can grieve
such decision under Section 6.07 (Grievance and Complaint
Policy) of this Agreement. Failure to successfully
transfer an employee under this Section will not be
grievable.
- 35 -
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
6.03
Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization recognized employee organization
dues, credi t union investments or paYments, health and
hospitalization insurance premiums, and life and accident
insurance premiums. Further, the city agrees to change
deductions from the employee I s pay from a monthly to a
twice-a-month basis (on the 1st and 2nd pay checks of the
month) only if the out-of-pocket cost to the employee for
health insurance premiums exceeds $25.00 per month.
Any or all of such payroll deductions are subj ect to
termination by the City Manager upon twenty-four (24)
hours notice for failure to comply with the provisions of
this MOU.
Reasonable Notice
A. It is mutually understood and agreed that a copy of
the city Councilor Personnel Board agenda for each
meeting mailed, by u.s. Mail, to the authorized
representative of STA shall constitute reasonable
written notice, and notice of an opportunity to meet
with such agency, on all matters within the scope of
representation upon which the City Councilor
Personnel Board may act.
B. The City agrees to notify STA of any change in
status of its membership on a monthly basis. The
City further agrees to provide STA with at least 10
days notice of any change in classification, except
that the STA president may waive any time limits.
Time off for Association Business
Authorized STA representatives shall be allowed to
utilize a total of forty (40) hours of time off with pay
during each fiscal year to conduct necessary Association
business. These forty hours per annum represent the
aggregate maximum use for all authorized representatives
of the Association per fiscal year, as opposed to forty
hours per representative. Prior to using such time,
authorized representatives must receive permission from
the Department Head, or his/her authorized designee, in
writing. For accounting purposes, all such time off shall
be reported to the Personnel Director by copy of the
- 36 -
6.04
authorization memo signed by the Department Head or
designee.
Grievance and Complaint Policy
A grievance is a complaint by one or more employees
concerning the application or interpretation of the MOO,
ordinances, resolutions, policies, practices or
procedures affecting the employee's wages, hours and/or
working conditions provided, however, that grievances
regarding disciplinary actions must be lodged by the
employee being disciplined and that appeals arising from
suspensions, demotions and removals shall be subject to
the procedures outlined in Section 2106B et seq. of the
Santa Monica Municipal Code, and that complaints
regarding Performance Evaluations shall be subject to the
procedures contained in Section 2l04A of the Municipal
Code.
The City agrees that employees shall be afforded all due
process rights provided in applicable law.
The STA agrees the rights of probationary employees are
limited to those provided under the Santa Monica
Municipal Code and City Charter.
Step l.
The aggrieved employee(s) shall meet with the
immediate supervisor regarding the grievance,
which must be stated in writing, specifically
citing the MOU provision, ordinance,
resolution, rule, policy, practice or
procedure that is the subject of the grievance
and the circumstances giving rise to the
grievance within thirty (30) days of the event
giving rise to the grievance.
step 2.
If the grievance is not resolved by the end of
the employee I s third regularly scheduled day
following the day on which presentation of the
grievance to the immediate supervisor
occurred, the employee may, within five
regularly scheduled days thereafter appeal to
the second level supervisor, if any.
Step J.
If the grievance is not resolved by the end of
the employee's fifth regularly scheduled day
following presentation of the grievance to the
second level supervisor, if any, the employee
may, within five regularly scheduled days
appeal to the Department Head. The Department
Head shall meet with the employee and the
employee's representative to attempt to
resolve the grievance.
Step 4.
If the grievance is not resolved by the end of
the employee I s tenth regularly scheduled day
- 37 -
following presentation of the grievance to the
Department Head, the employee may, within five
days, appeal to the Personnel Director, who
will investigate the grievance and make
recommendations to the city Manager, whose
decision shall be final. The decision of the
city Manager shall be issued no later than the
end of the thirtieth day following
presentation of the grievance to the Personnel
Director.
It is mutually understood and agreed that:
A. All time periods in this section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the STA within thirty
(30) days of the incident giving rise to the
grievance or within thirty days of its effect upon
the employee in those instances where it is shown
that the employee could not reasonably have known of
the grievable action.
c. Employees shall have the right to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
2.
Employees may designate a member
Department or of STA to represent them
grievance matters at steps one (1) and
of the grievance process.
of the
in
two (2)
3. Employees may designate a member of the
Department, an STA representative, or a legal
representative to represent them in steps
three (3) and four (4) of the procedure.
4. For the purposes of this section, "days" shall
mean regularly scheduled work days of the
employees in the affected department or
division.
5. Reasonable time off without loss of payor
benefits shall be given to a grievant or STA
grievance representative to investigate or
process grievances, and to witnesses in any
grievance hearing or meeting held during
working hours.
Before performing any grievance work, STA
representatives, the grievant or witness shall
obtain permission from the immediate supervisor and
- 38 -
shall report back to work when the grievance work is
completed. Neither the grievant nor representative
nor witness shall interrupt or leave work if the
supervisor determines that such interruption or
absence will unduly interfere with the work of the
employee. However, if the supervisor denies such
time off when requested, time off must be granted
within twenty-four (24) hours of such request.
D. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any way be
coerced, intimidated or discriminated against.
- 39 -
:N WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed this date:
, 1991.
r1arla McCullough
John Jalil~
City Manager
Debra Sowers
APPROVED AS TO FORM:
~~~..;..-r-.i."Ij;~~~..' '" ~, ~.~~...-7'::t~....
Robert M. Myers
city Attorney
- 40 -
IlExhibit A"
Employees covered hereunder shall be as follows:
Arborist
Airport Supervisor
Assistant Administrative Services Officer - Transportation
Assistant purChasing Agent
Assistant city Treasurer
Auditorium Business Supervisor
Auditorium Operations Supervisor
Beach cleaning Supervisor
Building and Safety Operations Supervisor
Cemetery Field Supervisor
communication Center Supervisor
crime Analysis/Prevention Unit Supervisor
crossing Guard supervisor
Custodial Supervisor
Electrical Supervisor
Fire Prevention Supervisor
Fleet Maintenance Supervisor
Groundskeeping Supervisor
Housing Assistance supervisor
Jail Manager
Landscape Supervisor
Liability Claims Supervisor
License, Permit and Parking Citation Supervisor
Mechanic Supervisor
Motor Coach Supervisor
Parking Checker Supervisor
Parking Meter Supervisor
Personnel Services supervisor
pier Maintenance supervisor
Police Records Management Supervisor
Property Evidence Supervisor
Recreation Program Coordinator
Recreation Supervisor
Sanitation supervisor
Senior Planner
Street Cleaning Supervisor
Street Maintenance Supervisor
Supervising Animal Control Officer
Supervising Civil Engineer
supervising Fiscal Staff Assistant
Supervising Senior Accountant
supervising Staff Assistant
supervising Zoning Inspector
Traffic Operations supervisor
Transfer station Supervisor
Transportation Mechanic supervisor
Warehouse Supervisor
Waste Water Supervisor
Water Production and Treatment supervisor
- 41 -
BEFORE DISTRIBUTiON CHECK CONTENT OF
~ISTF.rBUTION OF RESOLUTION t :f5":>P
Council Meeting Date ~~~7~~/
Agenda Item t /c.?- 4--
Was it amended? &,0
ALL FO~ CITY C~ERK'S ACTION
ORDINANCE ~
Introduced:
Adopted:
ALWAYS PUBLISH ADOPTED ORDINANCE
Cross out Attorney's approval
VOTE: Affirmative:
Negative:
Abstain:
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING
DISTRIBUTION: ORIGINAL to he signed, sealed and f11ed in Vault.
7-,0
t
NEWSPAPER PUBLICATION (Date:
D~partment originating staff report! Laur1e L~eberman)
Ordinances only for Attorney ( Claud1a Thompson)
Management Services Lynne Barrette ORDINANCES ON~Y
Agency mentioned in document or staff report
(certif1ed?)
2
1
Subject file (agenda packet)
1
Counter file
1
.
Others: (Review for
Airport
Auditorium
Building Dept.
C/ED
departments who need to
parJsing Auth.
Personnel
Planning
Police
Purchasing
Recr!Parks
Transportation
Treasurer
,
know) .
(
Finance
General Servo
Library
Manager
Fire
SEND FOUR COP]~S OF ALL ORDINANCES TO:
CODED SYSTEMS
120 Main Street
Avon, New Jersey 07717
SEND FOUR COPIES OF ALL ORDINANCES TO: 4
Debra Myrick
Santa HonLca Munic~pal Court
l725 Ma~n Street, Room 118
Santa Monica, CA 90401 Total Copies
4
~
RESOLUTION NO. 8338(CCS)
(CITY COu~CIL 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
SUPERVISORY TEAM ASSOCIATES
WHEREAS, the City Administration and
representatives of the Supervisory Team Associates have met and
conferred under the ternts of Ordinance No. 801 (CCS) and have
reached agreement on wages, hours and other terms and conditions
of employment; and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of
the City of Santa Monica requires preparation of a written
~emorandurn of Cnderstanding between the adm~nistration and
employees if an agreement can be reached; and
WHEREAS, section 2.06 of Ordinance 801 (CCS)
further provides that any such Memorandum of Understanding shall
not be binding unless and unt~l presented to the governing body
for determination~ and
WHEREAS, the purpose of the Hemorandum of
Understanding is to promote and provide harmonious relations,
cooperation, and understanding between the ci ty and the
Supervisory Team Associates:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
Sfu~TA 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 MemorandUlIl of Understanding executed by the
Supervisory Team Associates, a copy of which is attached hereto.
Sect ion 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:
~VY'-"~
ROBERT M: MYERS U.
City Attorney
(KB."cc2f1)
Adopted and approved this 17th day of December, 1991.
Mayor
I hereby certify that the foregoing Resolution No. 8338(CCS)
~as duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on December 17, 1991 by the following
council vote:
Ayes: Counci1members: Abdo, Holbrook, Ka t Z T Olsen,
Vazques, Zane, Genser
Noes: Councilmembers: None
Abstain: Counc~lmembers: None
Absent: Councilmembers: None
ATTEST:
/LL L2~
~ City Clerk' /