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SR-12-A (54) f-uJo #- q 3113 1- ~cf4I= 7<(25"" 12Ps ROV 2 " tJ9B PE PALSSU MOU stfrpt.1998~2000 bancroft pms Council Meeting: November 24, 1998 Santa Monica, Calrfornla TO. Mayor and City Council FROM City Staff SUBJECT. Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the Public Attorneys' Legal Support Staff Union INTRODUCTION This report requests that Council adopt the attached Resolution authOrizing the City Manager to execute a Memorandum of Understanding (MOU) With the Public Attorneys' Legal Support Staff Union. BACKGROUND The current Memorandum of Understanding (MOU) With the Public Attorneys' Legal Support Staff Union (PALSSU) expired on June 3D, 1998. As per the terms and condItIons of the expIred MOU, negotiations WIth PALSSU to replace the expIred MOU commenced and resulted In the attached MOU. ThiS new agreement has been ratified by the membership of PALSSU ThiS agreement prOVides for a cost of irving Increase for FY98-99 and FY99-00 and pay for serving In a higher Job claSSification and makes some minor non-economic changes 12A ROV 2 It 81 BUDGET/FINANCIAL IMPACT Funds are already Included In the budget for FY98-99 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 Public Attorneys' Legal Support Staff Union. Prepared By Karen Bancroft iP:"~~S:... f,,10;; st'rp. . 992 2!::::;C." CfJh;f fa c:f ~ 7'i 2-5""' ( ~ /2ea;4=Cj 3l(3) MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND PUBLIC ATTORNEysr LEGAL S0PPORT STAFF UNION TABLE OF CONTENTS ARTICLE I. GENERAL PROVISIONS 1.01: 1 02: 1 03: 1.04: 1. 05 1. 06 1. 07 1. 08 1. 09 1.10 1.11 1.12 1.13: 1.14: 1.15: Partles to Memorandum ........ Purpose. . . . . . . . . . . . . . . . .. ...... Term of Agreement. . . . . . . . . . . . . . . .. ...... c~ty Councll Approval... ................. ...... Recognlzed Employee ASSoclatlon Name..... ...... Scope of Representatlon........................ Full Understanding, Modlflcatlon and Wa~ver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management Rights Reserved ............... Peaceful Performance of C1ty SerV1ces.......... Validity of MOD.. . . . . . . . . . . . . . . . . . . . . . Captlons for Convenience.. ............... Non-Discrimination/Harassment and Equal Employment . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overpayment Remedy......................... Payments at Terminatlon. . . . . . . . . . . . . . ARTICLE II. COMPENSATION 2.01: 2.02: 2.03 : 2.04: 2.05: 2.06: 2.07: 3 3 3 3 4 4 4 5 5 6 7 7 7 9 9 Effectlve Date of Pay Increase........... 11 Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Overt1me. . . . . .. ........ . . . . . . . . . . . . . . . 13 Call-Back Pay.. ........ . . . . . . . . . . . . . . . 14 Blllngual Compensatlon... .. _ . . . . . . . . . . . . 14 Pay for Servinq in a Higher Job Classification. Y -Rating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE III. SUPPLEMENTAL BENEFITS 3.01: 3.02: 3.03: Retlrement..... ... .... Health Insurance Programs Tuitlon Reimbursement. . . 1 16 16 18 3 04: 3.05: 3.06 : 3.07 3.08 Mlleage Relmbursement and Energy Conservation. . . . . . . . . . . . . . . 19 Deferred Compensation. . .. . . . . . . . . . . . . . 19 Long Term Dlsabillty Insurance. ......... ..... 19 State Disabillty Insurance.... . . . . . . . . . . . . .. 20 Sick Leave Buy Back ....... . . . . . . . . _ . . . .. 20 ARTICLE IV. LEAVES 4.01: 4.02: 4.03: 4.04 : 4.05: 4.06: 4 07: 4 08: 4 09: 4 10: 4 11: 4.12: Pald Holidays.. ........ ............... 22 Vacat10n Leave. . . . . . . . . . . . . . . . . . . . . . . . _. 23 Sick Leave.............. . . . . . . . . . . . . . . . 24 Leave of Absence Wlthout Pay...... ...... 24 Military Leave........... ........ 24 Jury Duty. . .. . . . . . . . . . . . . . . . . 25 Workers' Compensatlon Leave. ..... 25 Parental Leave. ............ .... 25 Bereavement Leave..... . _ . . . . . . 26 Urgent Personal Leave.. ........ 27 Unclasslfled Leave. ........ 27 Famlly Leave...... . ................ 28 ARTICLE V. WORKING CONDITIONS 5.01' 5.02 5.03. 5.04. 5.05 5.06. 5.07: 5.08: safety. . . . . . . . . . . . . . . . . . . . Employee Parking. . . . . . . . Performance Evaluatlons... Work Schedules.. ....... Employment Separatlons.... Disclpline. . . . . . . . . . . . . . Personnel FlIes . . . . . . . . Lunch Periods. .... .... 29 29 29 31 32 32 32 ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS 6.01: 6 02: 6 03: 6 04: 6.05: payroll Deductions...... ....... Reasonable Notice. ..... ......... Grlevance and Complalnt Policy... Tlme Off for Negotlatlons........ Successors .. ... . . . . . . . . . . . . 33 33 33 34 34 2 ARTICLE I. GENERAL PROVISIONS 1.01 Part~es to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the City of Santa Monica, which Ordlnance lS hereby incorporated by reference as if fully set forth hereln, ana has been executed by the City Manager on behalf of management officlals of the Cl ty and by the PubllC Attorneys I Legal Support Staff Unlon signatory hereto who occupy the full-time job classlficatlons set forth ln Sectlon 1.05 1.02. Purpose The parties agree that the purpose of thlS MOD is: to promote and provide harmonious relatlons, cooperation and understandlng between the City and the employees covered herelni to provide an orderly and equltable means of resolving differences which may arlse under th1S MOU, and to set forth the full agreements of the partles reached as a result of meetlng and conferring in good falth regardlng matters withln the scope of representation for employees covered herein. 1.03. Term of Agreement This Agreement shall be effective as of July 1, ~ 1998 and shall remaln in full force and effect until June 30, 1998 2000 It shall be automatically renewed from year to year thereafter unless either party notlfies the other 1n wrltlng not later than March 1, 1998 2000(or in the event of an automatic renewal, March 1 of the following year) that it desires to terminate or modify thlS Agreement and speciflcally lndicates requested modlficatlons. In the event such notlce lS given, negotlations shall begin no later than Aprl1 15 w1th a slgned contract deslred by July 1. 1 04. City Cauncll Approval It ~s, however, the mutual understanding of all the parties hereto that such Memorandum of Understanding 18 of no force or effect whatsoever unless or untll ratlfled and approved by the City Cauncll of the Clty of Santa Monica. 3 1.05. 1 06. 1 07 Recognized Employee Assoclatlon Name The Publlc Attorneys! Legal Support Staff Unlon (PALSSU) lS hereby acknowledged as the Recogn1zed Employee Organizatlon, pursuant to Sectlon 3.04(c) of Ordinance No. 801 (CCS), representlng the job claSSlflcatlons of: Communlty Llaison Consumer Affairs Speclallst Legal Administratlve Staff Assistant Legal Asslstant Legal Secretary Offlce Administrator Paralegal It is the mutual understanding of the partles hereto that acknowledgment of PALSSU: A. Does not preclude employees in such job classlflcations from representing themselves individually In thelr employment relatlons wlth the City; B. Does not preclude or restrict the right of management officials to meet and consult with employees ln such Job clasSlflcatlons concernlng their employment relatlons wlth the Clty. Scope of Representation The scope of representation of the Recognized Employee Organization shall include all matters relating to employment conditlons and employer-employee relatlons including but not limited to wages, hours, and other terms and condltions of employment, except, however, that the scope of representatlon shall not lnclude consideratlon of the merits, necessity, or organizatlon of any serVlce or actlvlty provlded by law or executive order and shall be exercised or performed in compliance wlth the provlsions of Ordinance No 801 (cCS) Full Understandingr Modlflcatlon and Walver The parties agree that each has had full and unrestr1cted right and opportunity to make, advance, and discuss all matters properly wlthin the scope of representatlon as outllned ln Sectlon 2 05 of Ordlnance No. 801 (CCS). Th~s MOU const~tutes the f~ll and complete agreement of the partles and there are no others, oral or wrltten, 4 1. 08 1.09. except as speclfled in thlS Agreement. Each party, for the term of thlS MOD, specifically walves the rlght to demand or petitlon for changes herein, whether or not the subJ ects were known to the partles at the time of executlon hereof as proper subJects wlth1n the scope of representation as outllned in Section 2.05 of Ordinance No. 801 (CCS). Manaqement Rlghts Reserved The City reta1ns all rlghts not speclflcally delegated by thlS Agreement, including, but not limited to the exclusive right to. direct, supervise, d~sclpllne, dlscharge, and retain employeesi hlre, promote, transfer, assign, suspend, schedule, relieve employees from dutles because of lack of work or funds, or under condltlons where contlDued work would be lnefflclent or nonprod~ctlve, determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters, determlne the overall mlssion of the unit of governmenti malntaln and lmprove the efflclency and effectiveness of government operationsi take any necessary actlons to carry out the mission of an agency ln sltuatlons of emergeLCYi and take whatever other actlons may be necessary to carry out the w1shes of the publlC not otherwise specifled above or by collectlve agreement. Any grievance wlth respect to the reasonableness of the application of the above management rights shall be sub- j ect to the grievance procedure conta~ned ln Section 6.03, herein. Peaceful Performance of Clty Services It is mutually understood and agreed that partlcipation by any employee in a strlke or a concerted work stoppage termlnates the employment relationshlp ln the absence of speclflc wrltten walver of such termination by an authorized management official. 5 1.10. A. It is further understood and agreed that none of the parties hereto wlll participate in or encourage, assist or condone any strike, concerted work stoppage, cessation of work, slow-down, sit- down, stay-away, 111egal picketing or any other lllegal form of interference with or lImitation of the peaceful performance of City serVlces. B. In the event that there occurs any strlke, concerted work stoppage, cessatlon of work, slow- down, sit-down, stay-away, illegal picketlng or any other illegal form of lnterference wlth or limitatlon of the peaceful performance of Clty serVlces, the City, in add1tIon to any other lawful remedIes or disclpllnary actions, may by action of the Clty Manager cancel any or all payroll deductions, prohibit the use of bulletln boards, prohibit the use of Clty facllities, and prohiblt access to former work or duty stations. C. The protectIon of the publ1C health, safety and welfare demands that nelther the employees nor any person actlng in concert wlth them, w~ll cause, sanctIon, or take part In any strike, walkout, sit- down, slow-down, stoppage of work, illegal plcketing, retardlng of work, abnormal absenteeism, wlthholdlng of serVlces, or any other lllegal interference with the normal work routlne The provlslons of thlS Artlcle shall apply for the same term as thlS Agreement, or durlng any renewal or extension thereof. Vlolatlon of any provlsion of this MOU by the partIes shall be cause to term1nate thlS Agreement, ln addltion to whatever other remedies may be avallable at law or in equlty. D. The City agrees that there shall be no general lockout of employees covered hereln The partles agree to exerClse good faith in complying with all the terms and cond~t~ons of thIS MOU. Validlty of MOU If any prov1sion of thIS MOU is determined to be Invalld or illegal by a court of competent ]urisdictlon, then such provlslon shall be severed from this MOU, but the re~aInder hereof shall remalD in full force and effect The parties hereto shall lmmediately commence to, ln good falth, negot~ate for the purpose of replaclng any such lDvalid or lllegal provision Should any change be made in any Federal or State law, or 6 1 11 1.12. in any rules and regulations lmplementing such legislatlonr or In any City Charter provlsion or Civil Service Rule and Requlation which would be applicable and contrary to any provision herein contained, then such provislon of thlS MOU shall be automatically termlnated, but the remainder of this MOU shall rema~n in full force and effect. Such legislation and/or rules and regulations shall supersede this MOU and applicable clauses shall be substltuted for those ruled invalld or illegal. The parties hereto shall immedlately commence to negotiate for the purpose of replacing any such inval~d or illegal prov~sion. Captions for Convenience The captlons hereln are for convenience only and are not a part of the MOU and do not in any way l~mit, deflne, or ampllfy the terms and provisions hereof. Ey u6.1 ELL-'jJl0 i'LL<::Ht _______,,_ "__ __~_I .L.1___ ~tr'-"TT .L-1__.L... .1_1__ _ __~" .1.L- .1.<:> Cl~.L<::<::u JJY L-HC lJC1..1.L-.1.<::<:> ....V L-U.1.;:; l'lUU ....LLClL- L-LL<::'y W.1..1..1. f~lly C0~ply wl~li all oppl~~~~lc l~cbll SLaLe ai~d F6~6~~l la..Wb I .L ul...::o ctl-lt.:l .LC:':::1 ulCit.::i..0.i-i6 .t:-'.LU~J..J...}j~~.::i..:i-l~- U.LOl...-.L ~i.-L-l~J.laL..LU.lJ. _., _ _____, , _________.1_ _ _ .__..L-_____.1-.._ TT'11 _ aLL'-'- ~vv<::.L.Ll.1..Ll~ t::yUC1..L t::iLl1:-'.1.UYiLICLLl... V}J}JV.L l...ULL.1.....Y. J.LLt:: Af f:i.:L lUa \.....L V ~ A...:.:t i.VL~ Pi:ug:L Gt.l-t-. GlLJ.~ ~lJ.tj DC:x.-U.a.l. ;ICiJ.:" Cii6StL-LCil:"" ,..., _ -, . _.L.I.... "1_ _ "...... 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Non-Discrimination/Harassment and Equal Employment It is aqreed by both parties to this MOU that they will fully comply with all applicable local, State and Federal laws, rules and regulations prohibitinq discrimination and qoverninq equal employment opportunity. The Affir.mative Action proqram and the Harassment in Employment Policy of the City of Santa 7 1.13. Monica are affirmed by both parties to this MOU and incorporated by reference herein. Both parties also aqree to abide by the requirements of the Americans with Disabilities Act (ADA). Every City employee is expected to respect the dignity of every other City employee and to refrain from any actions, including the use of slurs or ;okes regarding sex, age, race, national origin, religion, disability or sexual preference/orientation which could be construed as harassment. Verbal or physical harassment of fellow employees is a violation of City policy. No employment decision shall be made based upon an employee I s submission to or rei ection of such conduct. Any employee who believes that he/she is the victim of such harassment or discrimination may file a complaint in accordance with the procedure outlined in Section 6.03 (Grievance and Complaint Procedure) of this Agreement. Complaints involving an appointed official of the City, including the City Manager, City Attorney or City Clerk, may be made in writing to the City Council. Complaints of a sensitive nature, including complaints involving sexual harassment, may bypass any step of the grievance procedure which involves a supervisor or manager whose conduct is the subiect of the complaint. Definitions The following deflnltlons are to be applied to the inter- pretatlon of this MOU: A "Salary Range" shall nean the hourly or monthly pay scale (and the bi-weekly equlvalent) asslgned to each employment pos~tlon classification covered herein. B "Nearest Dollar" shall mean the next lower dollar in a monthly rate when the computed amount is ~ 49 cents or less and the next higher dollar when the computed amount is 5T 50 cents or more. C I1Line-Item Position" shall mean a posltlon whlch is (a) specifically itemized in the personnel schedule of the annual budget of the City of Santa Monlca and (b) eligible to accumulate frlnge benefits in proportion to the percentage of the full-tlme work week. 8 D. "Permanent Employeel1 shall mean: (1) A person who is legally an lncumbent of a llne-ite~ posltion, full or part time; or (2) A former legal lncumbent of a llne-ltem position on authorized leave of absence from a regularly budgeted posltlon which position is held pendlng the employee's return. E. "Date of Entrance Ann1versary" shall mean the date which recurs annually after the date of entry lnto a llne-ltem position ln the unclassified service of the City of Santa Monica, either by original employment, re-employment or promotlon. The date of entrance for employees wlth broken service shall be cons1dered as that date on which the last unbroken serVlce was effect~ve. F nSatisfactory SerVlce" shall mean the attainment of an overall performance rating of not less than "satlsfactory" on the performance report ~mmedlately precedlng the employee's date of entrance anniversary. G. "Hours of Work": the full-time work week shall be defined as forty (40) hours. (1) Incumbents of Job positlons employed in a work week less than that deflned as the full-time work week shall be compensated 1n that proportlon of the compensatlon for full-tlme employment as the number of hours budgeted for that posltlon bears to the full-time work week; lncumbents of job positions employed in a work week greater than that deflned herein shall be compensated for hours ln excess of the full-tlme work week on the baS1S of and ln accordance with the provisions of Section 2.03 herein relatlng to overtlme. Compensation shall 1nclude base salary, deferred compensatlon and any other bonuses or sklll pays provlded by thlS Agreement. (2) Incumbents of job positions regularly working less than the full-time work week shall accrue pald leave benefits in the same rat~o as the average number of hours they work per week 18 to the full-tlme work week for the positlon occupled. Other frlnge beneflts shall be provlded to part-time employees covered herein as If they were employed on a full-tlme bas~s. 9 1.14. 1.15 H "Pay Status" shall mean regularly assigned work hours actually performed In addltion, pay status shall also speclflcally lnclude pay for time not worked such as slck leave, vacation, holldays, unclassified leave, floatlng hollday and jury duty. I "Worklng Day" as used in the sectlons of thlS Agreement pertaining to vacatlon accrual (Sectlon 4.02) and slck leave accrual (Section 4.03) shall mean elght (8) hours. J. "Compressed Work Schedule II shall mean a work schedule in which a full-tlme employee lS assigned a total of elghty (80) regularly scheduled work hours in nine (9) days ln a glven two-week (i.e., two work weeks) perlod. Overpayment Remedy Employees covered here~n shall reimburse the City any overpayment of wages or beneflts. Said relmbursement shall not be requlred unt1l the Clty notlf1es the affected employee in writing. Reimbursement may be accompllshed by a lump-sum deductlon made on the next subsequent employee payroll warrant following overpayment notificatlon, or by other reasonable re-payment method, mutually acceptable to the employee and the City, except that lump-sum deductlon shall be requlred lf the next subsequent employee payroll warrant 1S the flnal or termlnatlon warrant issued to the affected employee Payments at Term~natlon When employees covered hereln leave the serVlce of the City of Santa Monlca, they shall be entitled to lump sum payoff of unused accrued vacatlon days, unused accrued unclassified leave and any unused accrued compensatory time. No claim shall be made agalnst the Clty for the use or payoff of unused sick leave, nor shall the effectlve date of termination be extended by use of compensatory tlme, slck leave, vacation or unclasslfied leave days 10 ARTICLE II COMPENSATION 2.01. Effectlve Date of Pay Increase Notwithstandlng any other provision contalned hereln, changes In salary rates and salary related benefit changes shall become effective on the 1st day of the payroll period closest to the effectlve date stated hereln. 2.02 Salaries Salaries of employees In Job classlflcations covered hereln shall be on a monthly rater paid on a b~-weekly equlvalent basis. In lieu of the bl-weekly equlvalent to a monthly rate, the City Attorney may fix the compensatlon of any position at an hourly rate. In posltlons :or which the work week is forty (40) hours, the hourly rate shall be determlned by dlvldlng the bl- weekly rate by eighty (80). A. As of June 30, 1997 1998, the salary ranges for the posltlons covered hereln are as follows Community Lialson $3,098 - ...~ ~ ~ . -T'J,OL."% $3,562 - $4,397 ...~ ~ . ~ - ... . -T'J,J"%.;7 'i''":I:,.LJ''":t: $3,740 - $4,617 ...~ ~~1 - ... . ~n " ';:>J,OI.L -T'":t, I U.L $4,015 - $4,950 $3,121 - $3,OS4 $3,241 - $3,995 ...~ ~~ ~ - ...~ ~ ~ " o?J,V.:70 ...,J/O","":I: $3,216 - $3,964 $3,871 - $4,781 $4,015 - $4,950 Consumer Affairs Specialist Legal Admlnlstrat1ve Staff Asslstant Legal Assistant Legal Secretary Office Admlnistrator Paralegal .......... ...........A o?J,V.:70 - -T'J,OL."% $3,216 - $3,964 .Mob _ r UL -- - ., - - ... U U.Ll .L, ""I- ~.........., ..1.;J:JJ, .- _ .L. _ _ __ _ __ I . , . ~ .......LLY ......UUL.L.L.uUL..LUUb ..1..l.J.L-V Ct ';:;, _ ., , _ _.. _.. r r- _ _., _ __ _ _ _ __ _ _ _ _ _ _ _ _ _, ,_ _ _ _ _ .. ... _ .,., , _ _ I::-'.J...a.u vu .uCUa..LL VL CLLlI::-'.LVYCCb '-'V V CL CU UC.LC.LU bUeL.L.L .uc _, ~ _ _ _ _ _ _ _, "'T'" _ _, _ r r _ _ I I . ""'II ..................., U.J...::>'-'UUL..LUU.CU. .Lu::>L-Cau, CLLe'-'L-.LVC UU.LY .L, J...:7:;J I, cadl 6L6~ vI L~le beLla.LY Lc..i-lSC;~ c;&'cc..:t.ll5~-lt:J. [0:': __ _ ___ -"--- _ ~__ __ __ _______ _., ,_ _ __ __ _ J_ .r _ __1_1_ _,_ ____ _.1_ ..,., f.JUi:;I..L. l.. .l.UJ..l;:' ......v v C.L CU 1.Lt:::..L t:: .LJ..L / Cl~ .;:;,'C '- .L UL l,.. 11. Cl.LJV V t: I O1.10....1..J.. ,_ _ _ __ _ _"1 ,_ _ _ _ __ _ _ ., I .. .uc .Lu...... L <::: ClbCU .u Y ClU ClLlLV UUL. e:::y UcLL L-U L- ue::: '--.L L. Y b __ _ __.L.___ '___L- _ ___ _,,_ _,_ _, r _ L L;L.l.l..l.e~l.L. LVll.LL..LJJUL.LUl.l. .Ll.l.LU a "":::J I ..1,-J.l.G.ll VI!. U'Clla..LL VJ.. _ _ __,_ _ ___ __., _ _ _ ""'- _ _ _ _ _ _'1 _ __ __., _ _ _ _, _ .r= ..1....'_ _ <:::Cl'-'U <:::ILl!,J.LUYC<:::. r..<..c<..cVLU.Lll':::l.LY, ea.'--ll "'L.el::-' U.L L.ue __ _, _ _ _ __ _ _ _ _ _ _ _ _ _ _ ., _ _ , " _ _ _ __ _ _ _ _ " _ ~ _ _ _ r _ _ _ _ ~Cl.l.Cl.l.Y LCUI",=,'C ~11c:l.L.L UC .Ll.~'\...,:.LC::Cli:)C::U JJ:t L..W'c::l.ll..-Y-.L.LV~ 11 -, - ." - - - ( ,..,. - ~ ^..... \ ___ - __ -"- 1- UU-L-LGlL n \ .yL.:J . VV / j,J<:::L liLUllL-U , I _ __ __ _. _ , _ __ L-llt:: L<:::OU...L.L-.Ll~~ nGl-LGlLY .i.GlllO:jCn , _ _ _ _ _ _. _ _ _ .L... I ...... 0 \ uy L-llLCC !,Jt::.LI..'t::HL- \':>'0/ P"'""'11_ _ 'P'"'II __.1__ .lHt:: .c.-nL-'=!::-, ..,. - , , i::::I1.1C\.L.L L~it:ll '::;ctl.al..~~6 vI '- JJe GlUj LU:; L-t::u As of July 1, 1998. the base salaries of employees covered herein shall be increased by three percent (3%) . As of July 1, 1999. the base salaries of employees covered herein shall be increased by a minimum of two percent (2%), 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 = 100) for Los Angeles-Anaheim-Riverside, California, published by the U.s. Department of Labor, Bureau of Labor Statistics. for the base period of April, 1998 to April, 1999. However, in no event shall said adjustment exceed four percent (4%). In the event a higher percentage general salary increase (also known as a cost of living adjustment) is granted to all employees of any other bargaining unit by the City of Santa Monica for the FY99-00 fiscal year, excluding the Santa Monica Police Officers' Association (SMPOA) and the Santa Monica Firefighters, Local 1109, IAFF, employees represented by PALSSU shall be granted the higher percentage salary increase. For the purpose of this provision, an equity adjustment granted to a specific ;ob classification represented by a bargaining unit shall not be considered a general salary increase (also known as a cost of living ad;ustment) for that bargaining unit. B. A given class1flcat1on covered by this MOU will be ellglble to recelve an equlty adjustment providing that the compensatio~ study conducted by the Clty of Santa Monica substantiates the need for an equlty adJustment to brlng the salary range of that classlflcatlon in Ilne wlth the mean salary paid to the same classification found In truly comparable public sector employers. The City will be w1lllng to receive and evaluate any salary comparison data that PALSSU ffilght want to make available regarding 12 an equlty adJustment for a given classlflcatlon. Should a coropensation study indicate that a glven Job classification lS currently belng paid above the mean salary pald to the same classification found in truly comparable publ1C sector employers, the salary range of that clasS1f1cation will remain unchanged. EqUlty adJustments descrlbed hereln wlll be considered on an annual basls, elther as a part of the annual budget process if no MOD negotlatlons should be occurring during the year in question or as a part of the MOD negotlatlons process should the MOD be up for negotlat1ons. Like any other salary lncrease, equlty adJustments will be subJect to the approval of Clty Councll C. The Clty Attorney may hire employees at a salary higher than "entry level" based on the experlence of the individual. In exercising his/her d~scretlon, the City Attorney will consider all relevant factors, including but not limited to. length of experience, public sector experience, experlence within the particular field (e.g, criminal, civil litigation, land use, admlnlstratlve and supervlsory experlence) Salaries above entrance level should be based upon lncrements of 5-7% and shall not exceed the maximum salary provided for in this Section. D. Mer~t lncreases wlthin salary ranges: Advancement withln the range after hire shall be based on performance as determlned pursuant to Sect~on 5.03, hereln Subject to the maximum salary range establls~ed herein, employees covered hereln shall recel ve, on the date of entrance annlversary, annual sequentlal step 1ncreases of 5% for overall Satlsfactory performance, 6% for overall Above Average performance, and 7% for overall Outstanding performance rat~ngs on the review that cOlncldes wlth the anniversary date of the employee, unless the clty Attorney specifles otherwise, in wrltlng, with a statement of reasons. This not~flcat~on shall be delivered at least SlXty (60) days in advance of the denlal of the scheduled annual step increase. E. Merlt pay for employees at maXlmum of range An employee who has reached the maXlmum salary for his/her position and whose most recent performance rating is overall ABOVE AVERAGE or better shall be ellglble for an annual cash payment of 3-5% of the 13 2.03. annual base salary; the rating upon whlch thlS payment shall be based shall be the assessment of the ~ndlvidual conducted ln the preceding year, pursuant to Sectlon 5.03 hereln. For an overall OUTSTANDING ratlng, an employee shall be eligible for an annual cash payment of 6-8% of the annual base salary; the ratlng upon whlch this payment shall be based shall be the assessment of the lndi vidual conducted ln the preceding year, pursuant to Sectlon 5.03 hereln. Said payments shall not be consldered base salary in computing subsequent salary adjustments, but are subJect to PERS contributions The bonus payment, lf any I shall be made wlthln thlrty (30) days of the em- ployee's annlversary date and shall be based on the annual salary ln effect on the employee IS anniversary date. Overtime Overtime for employees who are regularly assigned to a flve (S) day, eight (8) hours per day work week, and for permanent part time employees who regularly work less than elght (8) hours in one day and forty (40) hours in one week shall mean work by employees occupying line-item positions covered hereln ln excess of elght (8) hours in one (1) day or forty (40) hours ln one week, provlded such hours of work have had the prior approval of an authorized departmental management offic~al Overtime for employees regularly asslgned to a work day 1n excess of elght (8) hours or a work week in excess of forty (40) hours shall mean work ln excess of the regularly scheduled number of hours ~n one (1) day or in excess of the regularly scheduled hours ln one (1) week, provided such hours have had the prior approval of an authorized departmental management off1cial Except that overtlme for all employees not class1fled as exempt under the requlrements of the Fair Labor Standards Act (FLSA) shall mean work in excess of forty (40) hours in one (1) week, provlded that such hours of work have had the prior approval of an authorized departmental management off1cial. Should the Fair Labor Standards Act be amended to change the definition of overtime for sald employee(s), thlS Sectlon shall be amended to reflect those changes. All authorlzed overtime shall be compensated for by cash payment based upon one and one-half (1-1/2) times the hourly rate equlvalent of the employee's monthly salary computed to the nearest one-tenth (O.10) of an hour, ex- cept that an authorized departmental management offlClal 14 2.04. 2.05. may grant compensatory time off at tlme and one-half (1- 1/ 2) for such overtime to a maximum of forty (40) hours in any f~scal year. Such compensatory time off must be taken off durlng the flscal year 1n WhlCh it 1S earned Such time shall not be taken, however, in conJunction w1th vacation leave Any compensatory time off not taken off durlng the fiscal year w1ll be pald off at the appllcable rate of pay, as of June 30. Call-Back Pay Should the City call back any full-tlme employee before or after his/her normal worklng hours to perform work, the City shall credit the employee with not less than a minimu~ of two (2) hours of tiMe, regardless of time actually worked as a result of be1ng called back to work to perform services for the Clty Call-back shall be defined as any work not specifically scheduled in advance as to tlme and/or place and for which a person lS asked to return to the work place after he/she has left the pr~mary work place. Bilinaual Compensation Quallfled employees who meet the criteria set forth hereln shall receive a bll~ngual Sklll pay of $50.00 per month. To recelve bilingual pay the followlng crlterla must be met: (1) The employee must be asslgned to speak or translate a language in addltlon to English. This may include speciallzed communlcatlon skills such as sign language. (2) An employee must regularly utlllze such skills dur1ng the course of hls/her duties or upon request of clty management (3) To become quallfled, an employee must be certlfled as qual~fled through examination adm~n~stered by the Personnel Department. (4) Recertificatlon of thlS sk~ll may be required from tlme to time th~-ough exarnlnatlon administered by the Personnel Department. 15 2.06 An employee who has not been cert1fied and quallfled and is not recelving bilingual Sklll pay wlll not be required to utllize this sklll except on an occasional basis. If an employee qualifies for bilingual bonus for Spanish and is required to regularly use sald sklll durlng what are determined by the Personnel Department to be emergency or emergency-related situations, he/she shall rece~ve an add~t~onal $50 00 per month, for a total of $100.00 per month. Pay for Serving in a Hiqher Job Classification When, in the determination of the City Attorney, it is necessary to assign duties and responsibilities of a position classification higher than those normally performed by an employee due to the temporary absence of an employee in a hiqher position classification, employees so assigned shall be compensated as follows: ~ 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 an additional seventy-five (75) cents per hour for all such hours assigned after the employee works a minimum of two (2) consecutive work days in the higher classification assignment, with payment retroactive to the first day. The City shall not rotate employees in and out of the hiqher position classification assiqnments in order to avoid payinq said compensation. ~ If the position to be filled is vacant, the City Attorney may temporarily assiqn an employee who meets the minimum qualifications of the vacant position. The employee shall receive the salary rate for the vacant classification at the lowest salary step of the salary ranqe established for the hiqher classification which provides an increase of at least five (5) percent over his/her current salary rate. ~ Nothing in this section shall require the City to make temporary assiqnments of employees. 16 2 0-6-1. Y-Rating When a personnel action, e g., demotion due to layoff or reclassiflcatlon, results in the lowering of the lncumbent employee's salary range, the incumbent employee's salary may be Y-rated. nY-rating" shall mean the malntenance of the incumbent employeets 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 untll the salary range of the new classlflcation equals or exceeds the Y-rated salary. 17 ARTICLE III. SUPPLEMENTAL BENEFITS 3.01. Retlrement The City lS a contract member of the Public Employees' RetlrefTlent System (PERS), and it is understood and agreed that such membership will be ma1nta1ned and that employee el~g~bll~ty, classlflcatlon, contributions, and beneflts are as prescribed ln the contract between the clty and PERS heretofore approved by the Santa Monica Clty Council The Clty shall pay on behalf of each employee covered by th~s Agreement an amount equal to 100% of the individual employee I s share of the required retirement contrlbutlons to PERS (i.e., 7% of the employee's T1compensationll as deflned by law) These payments are not increases 0= 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 Clty wlll not treat these payments as ordinary lncome and, thus, will not wlthhold Federal or State lncome tax therefrom. The Clty'S prac- tice will be to report these payments as belng those of the employees so that they wlll be credlted to the par- ticular employee's individual account with PERS and upon term~nat~on wlll belong to the employee It 1S agreed that if State and/or Federal procedures re- quire reporting of these payments in any other manner, the partles w1ll abide by such requlrements. 3.02 Health Insurance Programs A Medical Insurance Effective July 1, 1997 1998, the Clty agrees to pay up to a maximum of $475.00 per month towards the cost of medical lnsurance coverage for employees and eligible dependents provlded that employees covered here~n participate ln the City-offered medlcal lnsurance programs. The cost of medlcal lnsurance coverage w~ll be set each July 1st and wlll be a II composite II monthly insurance premium derlved by dividing the total monthly premium for all medical plans offered by the City, except the PERS PORAC medical plans, by the total number of employees enrolled in said medical plans as of July 1st. Any extra payment required under such plans 18 shall be pald by the employee electing such coverage. In the event that the contrlbutlon "cap" does not cover the cost of medical lnsurance coverage for employees and ellglble dependents, the City agrees to meet and confer wlth PALSSU. Effective July 1. 1999. the maximum amount up to which the City aqrees to pay towards the cost of medical insurance coveraqe will be equal to the hiqhest medical insurance premium contribution cap established for any of the City's other bargaining units, excludinq any premium contribution cap established for barqaininq units who participate in the PERS medical plans. The Clty and PALSSU agree that employees should beneflt from any premlum savings which accrue from the implementation of a new health lnsurance program (Triple Optlon Plan + Kaiser) ln 1994. The following procedure will be utilized to determlne savings, lf any, and, ln the event of savings, how said savings wlll be distributed. 1. The actual medical insurance premlum costs for 1993 for non-safety employees shall be compared against the City! s actual premium costs for the new Trlple Option Plan + Kaiser for those same employees. 2. If there should be any premium savings between 1993 and 1994, each employee's share of the savlngs will be determlned by dividing the total amount of the savlngs by the total number of Clty employees (non-safety) participatlng ln the Clty'S medical insurance program. Each employee's share of any sav~ngs wlll be paid to the employee by no later than March 1, 1995. Prior to thlS payment, the Clty will meet and confer wlth PALSSU and the other City bargalnlng Ulllts to determine the method by which said payment wlll be made (e g., lump sum, contribution to deferred compensatlon plan, etc.). In the event the medical insurance premlums for the Triple OptlOll plan + Kaiser for 1995, and any subsequent calendar year, should be less than the actual City medlcal insurance premiums for 1993, 19 3.03 the savings will be handled in accordance with the same procedure, outllned above, wlth the payment being made to the employees by no later than March 1 of the following calendar year. Post Employment Health Plan Option -- Upon written notification from PALSSU, the City shall establish a Post Employment Health Plan (PEHP) for employees coyered herein. There shall be no City-paid contributions into the PEHP. Contributions to said plan shall be made by PALSSU employees through payroll deduction. PALSSU shall notify the City as to the amount which will be contributed by each PALSSU employee into the PEHP. B. Dental Insurance Dental ~nsurance coverage shall be provlded at no cost to employees and their eliglble dependents provided that employees covered herein partlclpate ~n the City-offered dental lnsurance programs. C Vlslon Insurance The City agrees to prov~de V~Slon care ~nsurance, at no cost, to employees covered herein. The Clty retains the right to select the provider and to set the levels of coverage for said Vls~on care ~nsurance plan. The City also retalns the right to change the provider of sald V1s~on insurance plan and/or the level of benefits provlded under the plan without meeting and conferring. Tuition Relmbursement It lS agreed that the Clty will budget annually an amount equal to $10.00 per employee ~n the appropriate unit for tuition and required study material for career lmprovement study approved by authorlzed management officials. Payment shall equal the total cost of tUltlon (excluslve of lodglng and meals) and the total cost of required study materials, prov~ded, however, that: A. Enrollment in the career lmprovement study course shall be approved in advance by an authorlzed management officlali B. The study course must for employment ln a City work force; The employee must be dlrected to quallflcation position represented ~n the exhlblt some reasonable c. 20 3.04. 3.05. expectatlon of qualifying for such positlon upon successful completlon of the study course; D. Relmbursement shall be made only In lump-sum payments upon successful completlon of the prescrlbed units of study requlred by study course approved, E In no event shall the City 's relP1bursement be reduced when there lS an outside source of aid except ln those cases where the aid from the outside source(s) plus the normal City relmbursement exceeds the cost of tuition and study material for the approved study course. F If approved tUltion reimbursement costs exceed the budgeted amount as described above, the costs will be prorated so as not to exceed the budgeted amount. G. The maximum annual amount of relmbursement per ind1vidual employee shall not exceed $1,000 00. Mileaqe Reimbursement and Enerqy Conservatlon Relmbursement to employees for authorized use of personal automobiles on c~ty bUSlness shall be at the rate es- tabl1shed by the City Council. Santa Monica Municlpal Bus Llne tokens, to a maximum of thlrty (30) tokens per month, will be provlded to any em- ployee covered herein who subm~ts, on the City mlleage relmbursement form, a record of hls/her trips (home to work slte or work slte to home) durlng the preceding month. The Santa Monica Municipal Bus Line route number and the bus number used for each trlp must be entered on the mileage relmbursement form. Any employee who has not been issued a City parking pass, or who voluntarlly turns In his/her parklng pass, shall be eliglble to receive flfty (50) tokens per month under the terms described above DefeL.l.C::J. C0i-I-L-~eJ.i5a.tl0iJ. Supplemental Retirement Plans The City shall establish and malntain a deferred compensatlon plan pursuant to the provisions of Section 457 of the Internal Revenue Code of 1986, as amended Each employee covered herein, at his or her sole 21 3 06. 3.07 3.08. discretlon, may defer and have deposlted into the clty'S 457 plan a portlon of his or her compensation up to the maXlmum amount permitted by law. The c1ty-pa~d ~ , . _ __ _ r L- I ,... _ _ _ _ _, _ ., , _ _ _ _ I ...... ..... ..... ....... ".... \. _ _ _ __ ___,_ _ l..CV1H_L.LULlL_.LUll UL L_WCll....Y-.L.LVC UU.L.LClLC ~.y>""...J.UVJ~CL LLIUllL_ll Ull ,_ _ 1_ _ '.r _ r ,_ _ _____ , __ _ _, ,_ _ __ _ _ __ ~ __ 1 _ I 1 JJCllCl..LL VL c:ett..-...J. CLlL.t-J.LVy ~c: I..-VVtJ.'t:::U 11'C.l..t:...Lll .Ll1L'U L...llc:. ---- . --,-- -,--,., ,-- -.,--------~. -, l..CVlLL~CllCaL-.LUll ~.Lall CllCl.L.L .lJC U.LCl..CVll.....LllLlCU _'11 _ ~ _ ____ _ "l UC.LC.L.Lcu. as ol U u.l..J.'= .::J U 1 .L :J J I . __ _ __ .L- _ _ ..! ,_ _ _ 1_.1 _ _ __ .M.ll}' l..CUllL_L.LULll...LUllC .,.., ... ... ......,..,..,. - - - ""I: , U Ll.L}' .L, .L;;:l;;:ll W-,-.L.L . _ _ ., _ '- _ -"---,_ _ .. r-...... _ _ , _ lLlau.c .LilL_V Lllc: "":J' ~.Lctll ,__ __. ..1-'_____1 ,__ Uc: L_UllC.LUt::.Lt::U LV .lJC Ull U.L _ .L..L- _ __ aLL_CL ______,_ _ ___.L-___1___.L-_"___ 1:::aHJ:J...Luy~.;::;: ~U.LlL-J. .LJJUL.LUlJ.~. Upon written notification from PALSSU, the City shall establish and maintain a pension plan pursuant to the provisions of Section 401 (a) of the Internal Revenue Code of 1986, as amended. Contributions to said plan shall be made by PALSSU employees throuqh payroll deduction. PALSSU shall notify the City as to the amount which will be contributed by each PALSSU employee into the plan. This contribution will not reduce the employee's compensation for the purpose of calculatinq performance bonuses or any other payments which are based on the employee's rate of pay. Lonq Term Disability Insurance The City agrees to malntaln a long term d~sablllty insurance plan for permanent employees covered hereunder at no cost to the employee. The long term disabillty insurance beneflts will be equal to 60% of either the employee's base salary or $6,667.00 per month, whlchever amount lS less, reduced by the employee's lncome from other sources. State Dlsabllity Insurance "71. L- .L..'_ _ _ _ __, _ _ _..L... _, _ J _ _ __ _ .1.' _ r _ "1- "l _ . _ I. _ f"" I '1_ I __ .t"':!I....... '-loll:;::: t:::c:LJ.. ..l..J..ti:::i L. uaL.C f:-JU.::J-O..l..LJ..l.~ .LV..l...1..UW..l.1J.~ 'C-A~\,...L..ll._..l.UJ..1 VL L,...E.l...l.O - , ~:::I.L.c:.C::LLL'=J..1l.. ~lLl~lclllt::llL employees employee deduction. :0y 00tl-l }?aL-t:Lc':;, The City shall make available State Disability Insurance coverage for covered hereln. Said coverage shall be at expense and will be paid through payroll Slck Leave Buy Back Each employee has the annual certain unused sick leave on the II bank II unused sick leave days. optlon to be pald for terms noted below or to 22 Payment at the employeets base salary for the fiscal year durlng WhlCh the slck leave was earned but not used, excluding any speclal asslgnment or bonus pay, shall be made only to employees on the payroll as of June 30 of that flscal year. To quallfy for payment, an employee must have a slck leave IIbankll of six (6) days. For purposes of this Sect1on, "bank" shall mean sick leave earned in prior years and reported ln the "Sick Leave Balance Brought Forward from Prior Contract YearlT column of the IIVacat~on, Sick Leave and Compensatory T~me" report lssued by the Finance Department at the beglnnlng of the fiscal year durlng which payable sick leave is earned. Annual slck leave payoffs under thlS Sectlon for employees wlth less than ten (10) years of service shall be made according to the following schedule Sick Leave Days Used In the F1scal Year Sick Leave Days Payable At Fiscal Year End o 1 2 3 4 5 6 or more 6 5 4 3 2 1 o Annual slck leave payoffs under this Sectlon for employees wlth ten {10} or more years of serVlce shall be made according to the following schedule: Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Flscal Year End o 1 2 3 4 5 6 7 8 9 10 11 12 or more 12 11 10 9 8 7 6 5 4 3 2 1 o 23 It is mutually acknowledged by the partles that the use of Code 40 or other tlme off not approprlately scheduled ln advance will dlsquallfy an employee from ellgibility for payment under thlS Sect1on. There wlll be an exceptlon to thlS MOD provision for employees covered heyeunder who work a compressed work schedule. Employees assigned to work a compressed work schedule will be allowed to use Code 40 or other paid leave tlme, includlng vacat~on, compensatory t~me, or unclassified leave, to supplement the eight (8) hours of paid sick leave in order to receive a full day's pay for a slck day. The use of Code 40 or other pald leave tlme in this manner by an employee assigned to a compressed work schedule wlll not d1squalify the employee from being ellglble for the sick leave buy-back. Sick leave consldered II bank 11 (or date shall for which payoff is Tecelved shall be "usedl1 in that lt w1lI not be added to the If added to the "banklt prlor to the payoff be removed from the I1bank"). Such payment shall be prorated only for employees taking service retlrement during the contract year or for new employees on the payroll as of June 30 of any covered contract year 24 ARTICLE IV. LEAVES 4 01. Paid Holidays Employees covered hereln shall receive paid holldays as hereinafter provlded .January 1 .Thlrd Monday in January .Th1rd Monday in February .Last Monday ln May .July 4 .First Monday ln September .Fourth Thursday ln November The Friday follow1ng Thanksgiving The half day lmmediately before Christmas Day Christmas Day. ....... .December 2S The half day immediately before New Year's Day One (1) non-cashable float1ng hollday One (1) cashable floatlng holiday All other holldays declared by City Council New Year's Day Martin Luther Klng's Birthday Washington's Blrthday. Memorial Day Independence Day Labor Day. . Thanksgivi~g Day . Whenever any day l~sted herein as a paid holiday falls upon the flrst or second day off of any employee who has two (2) consecutlve days off, the day preceding shall be deemed the holiday if it falls on the first day off, and the day followlng shall be deemed the holiday if it falls on the second day off ln lleu of the day Ilsted. Whenever any day listed herein as a paid hollday falls upon any day off of an employee who does not have two {2) consecutlve days off, the following day shall be deemed the holiday for such employee Title worked on an author~zed pald holiday, shall be compensated at stralght tlme at the hourly rate equl valent to the monthly salary plus the regular holiday pay Employees ln Divisions observing different holiday schedules shall, in lieu of the holidays l~sted above, recelve holldays enJoyed by other operatlng employees ln that particular Dlvlslon; provlded, however, that the same number of holidays [twelve (12) days] shall be observed. The cashable floating holiday is accrued by employees on pay status on July 1 of each year. A cashable floating holiday not taken by the end of the flscal year shall be pald to the employee on the final paycheck at fiscal year end A cashable floating holiday which is cashed out at 2S 4 02 4.03. the end of the flscal year shall be pald in an amount equal to eight (8) hours at the employee1s straight-time base salary rate of pay. A non-cashable floating holiday becomes avallable as of January 1. Only those employees who are on the payroll as of January 1 shall be entitled to receive the non- cashable floating hollday for that fiscal year. The non- cashable floating holiday must be taken before the end of the fiscal year. If the non-cashable floating hollday is not taken by the end of the fiscal year, the hollday cannot be cashed out and is forfeited. Vacatlon Leave Employees covered hereln shall accrue vacation leave with pay on the followlng basis: A Following completlon of the flrst SlX (6) calendar months of contlnuous service, SlX (6) working days. B Thereafter, up to and lncludlng five (5) completed years of serV1ce, one (1) working day for each completed calendar month of service. C Thereafter, up to and includ~ng ten (10) completed years of serVlce, one and one-fourth (1.25) worklng days for each completed calendar month of service. D. Thereafter, up to and includlng flfteen (15) years of serVlce, one and one-half (1.5) working days for each completed calendar month of service. E. Upon completion of flfteen (15) years of serv~ce and thereafter, one and three-fourths (1 75) working days for each completed calendar month of service F. The adminlstratlon or appllcatlon of vacatlon leave provisions and the Ilffiltatlons on the accumulatlon, proportlonate accumulation, scheduling and payment for such leave shall be as prescrlbed In the C~v~l SerVlce prOV1Slons of the Santa Monlca Munlclpal Code except that maximum accrual of vacatlon shall be forty (40) days. Sick Leave Employees covered hereln shall accrue six sick leave followlng SlX (6) months of (6) days of continuous 26 4.04. 4.05. 4.06. serv~ce. Thereafter, one (1) day shall be accrued for each completed calendar month of service There shall be no Ilmit on the number of days accrued except as provided in Sectlon 3 07 (Slck Leave Buy Back) of thlS Agreement. Leave of Absence Wlthout Pay An employee may be granted a leave of absence wlthout pay upon application approved by the City Attorney and the City Manager Such leave may not exceed one (1) year's tlme. Upon expiratlon 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 IS record of service and quallflcatlons make lt deslrable for the Clty to retaln his/her services even at the cost of some lnconvenlence to the City. Military Leave An employee covered hereln who ln tlme of war or national emergency as proclaimed by the Presldent of the Unlted States or the Congress of the Unlted States, or whlle any national conscr~ptlon act lS ln effect, lS ~nducted lnto the armed forces of the United States or who leaves employment with the clty to enter voluntar1ly the armed forces and within a reasonable tlme after leavlng hls/her employment wlth the City does enter such serv~ce, shall be granted a leave of absence without pay for the duratlon of the period of active service with such armed forces. If such employee recelves an honorable d~scharge or its equivalent and the posltlon stlll eXlsts and the employee otherw~se 1S qualified to fill the same, the employee shall have a rlght to return to the posltlon with the Clty wlth1n SlX (6) months after the termlnatlon of such actlve service but shall not have a right to so return later than six (6) months after the end of the war or after the time the President or Congress proclaims the natlonal emergency is term1nated, or after the expiration of the national conscrlptlon act. Such an employee shall recelve senlor1ty and othe~ credits on the same baS1S as though the employee had remalned ln Clty serVlce and had not taken such mllltary leave. Leaves of absence wlth pay for temporary m~l~tary duty shall be granted ln accordance with appllcable State law 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 compensation less all Jury fees 27 4 07 4 08. received excludlng mileage for the t1me required to be spent under the Jurisdlction of the court provided that an lndividual employee will be so paid for jury serVlce no more than ten (10) days once every two (2) years and shall make every effort to cooperate with any request by the C~ty Attorney or his/her designee to request a delay 1n jury service to accommodate important department work in progress. Each employee rece1ving a notice to report for jury service shall immedlately notlfy his/her immedlate superv~sor. Whenever daily Jury duty scheduling permits, employees shall return to thelr regular daily job asslgnment to complete thelr regular daily work hours Workers' Compensatlon Leave Any employee occupying an employment classification covered hereln shall be ellgible to recelve disablllty payments under the Workers' Compensation Act of Cal~fornla as speclfied hereln. The employee shall recelve the dlfference between the disablllty payments under the Workers' compensatlon Act and full salary for the flrst sixty (60) days of such disabllltYi however, the first two (2) days of this sixty (60) day perlod shall be without salary. Parental Leave A Female Employees Female employees shall be entitled to a leave of absence totaling elther 1) four (4) months lmmedlately followlng the child's blrth or adoption if the child is under the age of three (3), or 2) two (2) months immedlately following the adoptlon of a chlld between the ages of three (3) to seven (7); or 3) one (1) month immediately following the adopt1on of a Ch1ld age eight (8) to twelve (12). The employee shall be returned to the same job class~flcation occupled prior to the leave upon explratlon of the leave Additional leave may be requested under the provisions of th1S MOU governing Leaves of Absence Wlthout Pay (Section 4.04) Maternity leave lS not the same as parental leave and shall be administered ln accordance with State and Federal law. 28 4.09. B. Male Employees' Male employees shall be entltled to the same leave of absence as female employees (see above) provlded he can demonstrate that he has prlmary responsiblllty for the care of a new child who requlres constant parental supervision If a male does not have the pr1mary responsiblllty for the care of the new chlld, he will be entitled to parental leave for the 1) first forty-five (45) calendar days followlng the blrth or adoption of a child under age three (3); or 2) first thlrty (30) calendar days immedla~ely following the adoption of a chlld age three (3) to seven (7); or 3) flrst flfteen (15) calendar days lmmediately follow1ng the adoptlon of a chlld age eight (8) to twelve (12). The employee shall be returned to the same Job classificatlon occupled prlor to the leave upon expiratlon of the leave. Additional leave may be requested u~der the provlslons of this MOD governlng Leaves of Absence Without Pay (Section 4.04) . C. For either male or female employees, leaves of absence wlll be granted ln length greater than outl~ned above lf requlred by an adoptlon agency. However, in no case shall said leave exceed a total of one (I) year. D. Prlmary Responslbility shall be deflned as: The employee I s spouse 1S medically incapac1tated, or the spouse is gainfully employed during hours the employee 1S normally scheduled to work and no schedule change for the employee or spouse is posslble, or by demonstratlng other extraordlnary Clrcumstances (such as adoption of a dlsabled child who requlres constant parental supervision). Bereavement Leave Bereavement leave not exceeding five (5) working days with pay shall be granted to employees covered here~n due to death of a member of the employee's immediate family. Immedlate family shall mean spouse, child, brother, sister, parent, parent-in-law, grandparent, grandchlld, step-parent, step-brother, step-sister, stepchlld, son-in-law, daughter-in-law, slster-ln-law, brother-in- law, spouse of child, spouse of step-chlld, step-parent of spouse, uncle, aunt, niece and nephew. In addltlon, bereavement leave not exceed1ng f1ve (5) working days wi th pay shall be granted to employees covered hereln due to the death of any member of the employee's household. 29 4.10 4.11. 4.12. Urqent Personal Leave Two (2) days of sick leave each flscal year way be used for urgent personal matters that could not be postponed to a subsequent time. Thls leave shall be charged against accrued s~ck leave, If any. Th~s leave shall be granted ln units of not less than two (2) hours, and only lf accrued sick leave lS available. ThlS leave shall not be accruable from year to year if not used in any given year. Unclassifled Leave A paid unclassifled leave day shall mean elght (8) hours at the employee's stralght-time base salary rate of pay As recognition of the lack of Civil SerVlce protection afforded to employees covered herein, the Clty agrees to grant to each employee who maintalns overall performance ratings of SATISFACTORY or better: four (4) unclasslfled leave days off wlth pay per contract year for employees with less than ten (10) years of serVlce and five (5) unclassified leave days off w1th pay per contract year for employees with ten (10) or more years of serVlce. Unclassifled leave days shall be earned ln increments of one {I} day effect:.l ve at the close of each three (3) month perlod, with two (2) days earned at the end of the fourth three (3) month period for employees with ten (10) or more years of serVlce. New employees may not take thelr first day until the second performance rating has been gl ven with a rating of SATISFACTORY or better. Payment equivalent to the employee's base salary not to exceed the equlvalent of four (4) days [or five (5) days ln the case of those employees wlth ten (10) or more years of servlce] shall be automatlcally payable to the employee for unused days at the end of the fiscal year ln WhlCh they are earned; any remalnlng unused days shall be forfeited. If the employee does not wish to be pald off, he/she must not1fy his/her supervlsor ln writing by June 15th that he/ she wlshes to take the day(s); however, said day{s) must be taken by July 30th or be forfeited. Family Leave The City hereby agrees to implement famlly and medlcal leave in accordance wi th the Callfornla Famlly Rights Act (cFRA) and the federal Famlly and Medlcal Leave Act (FMLA) for all employees covered hereln. These statutes shall supersede and be implemented in lleu of any contract language or City pollcy/practlce which provides a lesser benefit. 30 Before the lssuance of any admlnlstratlve regulatlons pertalnlng to leave under the CFRA or FMLA, the Clty agrees to discharge its meet and confer obligatlon wlth PALSSU. 31 ARTICLE V. WORKING CONDITIONS 5.01. Safety The City shall prov1de a reasonably safe and healthy worklng enV1ronment ln accordance w1th applicable State and Federal laws and regulat1ons. The employees covered here1n agree that where safety devlces or items of protect1ve equlpment are required or furnlshed, thelr use shall be mandatory. 5 02 Employee Parklng It 1S hereby agreed that the C1ty will make every effort to malntain free park1ng as 1t presently eXlsts for City employees at City facilitles. The employees covered by th~s Agreement recognize that the City must comply w1th Regulatlon XV lssued by the Air Quality Management D1str1ct (AQMD) and the City's Transportat1on Management Ordinance. If the use of positive incentives does not result in the City meet1ng the compl1ance requirements of AQMD's Regulat10n XV or the City's Transportation Management Ordinance within one (1) year of the effective date of this Agreement, 1t lS understood that the C1ty can implement a charge for employee parking in an effort to meet those requirements. In add1t1on, If It should become necessary to charge for park1ng dur1ng the term of this Agreement 1n order to comply wlth any other State or Federal requirements regard1ng transportat1on management, the C1ty can implement sald charge However, 1n no event shall the City 1mplement such a charge for park1ng without meetlng and conferring with PALSSU should any ewployee (s) represented by them be subject to such a charge. 5 03. Performance EvaluaC10ns The parties hereto agree that one purpose of a performance evaluatlon lS to record the accomplishments and defic1enc1es of an employee's Job performance. An employee will be given notice in advance of h1s/her performance evaluation if there are performance lssues which would result 1n an overall performance rating of less than satlsfac~ory. An employee covered herein can request the presence of someone else durlng a dlscussion regarding his/her performance. In add1t1on, the performance evaluat10n is an opportunity for the employee and superv1sor and/or Division Head to discuss the employee1s Job performance as well as his/her career development and/or goals w1thin the City; and what job improvements, if any, shall be ach1eved by the employee durlng the next evaluatlon period. 32 The Dlvlsion Head of each Divlslon shall evaluate 1n wrltlng the performance of employees in their respect~ve dlvlslons and all new employees hlred subsequent to the effective date of thlS Agreement. Such evaluation will be submitted to and approved by the Clty Attorney unless the Clty Attorney provides a wrltten explanat10n to the affected employee as to why the City Attorney dlsagrees wlth the Division Head 1 s evaluatlon. Those employees who are covered here1n, but who are not members of any division ln the City Attorney's Office, will be evaluated by the City Attorney. All employees wlll be given reasonable opportunity to dlSCUSS sald evaluations wlth the evaluator. The evaluatlons will be performed on the followlng basis. (a) Once at the concluslon of the first three (3) months of employment. (b) Once at the conclusion of the flrst six (6) months of employment (c) Once at the conclusion of the flrst year of employment. (d) Once every year thereafter, wlth sald performance evaluations to be due three (3) weeks prior to the employee's annlversary date with the Clty. (e) Whenever an employee r s performance substantlally declines. If the City Attorney, or the D1VlSlon Head, fails to conduct a performance evaluation on or before its due date, the employee shall advise the City Attorney ln wri ting that the evaluation is past due. The C1ty Attorney, or the Dlvision Head, shall complete the evaluation withln ten (10) days of said wrltten notlce and any merlt increase tied to the evaluation shall be retroactive to the pay period in which the evaluatlon was originally due An employee covered hereln who belleves that the prescrlbed evaluation procedures have not been followed or that the evaluation does not correspond to the facts should make a written complaint to his/her supervlsor wlthln ten (10) days of recelving the performance evaluation If no satlsfactory response is received wlthln five (5) days of flllng the complalnt, the employee should ~mmediately forward the complaint to the City Attorney. If no satisfactory response is received within five (5) days, the employee shall have the right to submlt a written rebuttal to the performance evaluation and to have sald rebuttal attached to and become part of the employee I s permanent performance evaluatlon 33 5.04. 5.05 Work Schedules In those cases where a permanent employee desires to modify his/her work schedule to accommodate speclflc work schedule needs of the employee (e.g., dependent care ar~angements) that do not fall within the normal work schedule establlshed for the employee's position, the employee shall submit a request for a work schedule modif1cat1on to his/her Department Head. As long as the operatlonal needs of the Department and the City will stlll be met, upon approval of the Department Headt the employee'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 wlth the employee r s modlfled work schedule, the employee shall rece1ve at least thirty (30) days' notlce that his/her modlfied work schedule can no longer be continued_ In the event that the employee cannot change his/her outside scheduling need to flt wlthln the regular work schedule establlshed for hls/her posltlon, the City will make every reasonable effort to place said employee in another like position where the employee's specific scheduling needs can be accommodated. Whl1e nothlng in this Sectlon requires that the employee1s modified work schedule be granted or that the employee be transferred to a like pOSl tion to meet the employee's outslde schedullng needs, requests shall not be unreasonably denled. If an employeers request for a mod1f1ed work schedule lS denied and if the employee does not agree with the decision that has been reached, the employee can grieve such declsion under Sect10n 6 03 (Grlevance and Complalnt Procedure) of thlS Agreement. Fallure to successfully transfer an employee under th1S Section w1ll not be grievable. Employment Separatlons A Reductions ln Force PALSSU, and each affected member of PALSSU, shall be provided thlrty (30) days! actual, wrltten notice of any reductlon In force (1. e, layoff resultlng from a reductlon of the number of budgeted permanent positions represented by PALSSU in the City's Adopted Budget) by the abolition of any posltion(s) held by non-temporary employee(s). No employee shall be terminated pursuant to thlS prOV1Slon prior to the expiratlon of the notlce period. 34 5 06 5.07 5.08 Dlsclpline Even though all employees in the City Attorney1s Office are exempt from the Cltyl s civil service rules, the Office adheres to the fundamental princlple that dlsclpline shall be progressive Possible dlsciplinary actions, ln order of severlty, are as follows: verbal counseling/warnlng; written reprimand; suspension, demotlon, and terrnnatlon. Any disciplinary actlon taken will be dependent upon the sever1ty of the incident or inc~dents on which the d1sc1pllnary action 18 based. Very serlOUS incidents can result in severe discipllnary action, up to and including termination, even though there has not been any prior disciplinary actlon taken against that employee. Personnel Files The Clty shall maintain one and only one officlal personnel file for each employee covered herein. Sald file shall be kept ln the Personnel Department. The City Attorney's Office can malntaln a worklng file for each employee covered herein. An employee covered hereln shall be entltled to reVlew the content of his/her official personnel file at reasonable intervals prov1ded that the employee schedules an appointment, at least twenty-four (24) hours in advance, during the regular buslness hours of the Personnel Department. No materlal shall be placed in an employee1s personnel flle wlthout having been shown to the employee. An employee may prepare a written response to any such material and such response shall be filed with the original naterlal. Lunch periods Employee lunch 'Periods shall be considered duty free. If the City seeks to direct the employee, or require that the employee provide services durinq the duty free lunch period, the employee shall be compensated at the applicable rate of pay for the period of time in question. 35 ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS 6 01. Payroll Deductions It lS mutually understood and agreed that the City will, subJect to the prOV1Slons of Ordinance No 801 (CCS) and during the term of thlS MOD, deduct monthly and remlt to the offlce or officer deslgnated lTI the employee payroll decuction authorlzatlon any dues, credit union investments or payments, health and hospitallzatlon insurance premlums, and life and accident insurance premlums. Any or all of such payroll deductions are subject to term~natlon by the Clty Manager upon twenty- four (24) hours notlce for failure to comply with the provis~ons of thlS MOU. 6.02. Reasonable Notlce It is mutually understood and agreed that a copy (vla the United States Postal Servlce) of the City Council and/or Personnel Board agenda for each meet1ng malled to the authorlzed representatlve of the employees covered hereln shall constl tute reasonable written notice, and notice of an opportunlty to meet with such agencies, on all matters wlthln the scope of representation upon which the City Councilor Personnel Board may act. 6.03. Grievance and Co~plalnt POllCY In the event any grlevances, dlsputes, or dlsagreements arl.se concernlng the interpretation or application of the terms of this MOU, such grievances, disputes or disagreements -- wlth the exceptlon of those complalnts covered 1n Sectlon 5.03 (Performance Evaluatlons) shall be resolved as follows: A. Flrst Step. The aggrieved employee (s) lS encouraged to meet w1th the immediate supervisor to discuss the problem ln an effort to clarify the problem and to work cooperatlvely toward a settlement. B. Second SteD. If the matter cannot be satisfactorily resolved within thlrty (30) days of the event giving rise to the grlevance [or wlthin thirty (30) days of the time that the employee learned of the event], the employee shall submlt the grievance in writing to the City Attorney, stating the nature of the grievance, the speclflc MOU provlsion alleged to be v1olated, and the desired solution. The City Attorney shall meet 36 6.04. 6.05. wlth the grievant wlthln five followlng the presentation of Wlthln five (5) worklng days meetlng, the City Attorney shall deC1Slon to the grlevant. ( 5 ) working days the gr1evance. following such glve a written C. Thlrd Step. If the grlevance lS not resolved at the second step, within five (5) working days, the part1es shall consider submitting sald grlevance to med1atlon as provided by Ord1nance No. 801 (CCS) If elther party cannot agree to medlatlon, wlthln flve (5) worklng days the part1es shall then select a grievance board made up of one (1) representative of PALSSU, ODe (1) representatlve from management, and a thlrd who shall be a member of the State Conciliatlon SerVlce who shall also act as chairperson. The decislon of the board shall be blndlng subject to the approval of the City Council. Employees shall have the rlght to represent themselves individually in grlevance matters, or to be accompanled by a PALSSU representatlve Reasonable time off wlthout loss of payor benefits shall be glven to a grievant and/or PALSSU representative to lnvestlgate and/or process grievances, and to wlthesses in any grievance meeting or hearing held during working hours. Tlme Off for Negotiations Indivlduals covered herein shall be afforded reasonable tlIDe off with pay to prepare for and conduct negotlatlons. The authorized representative must recelve prior permission from the Cl ty Attorney to use such time. Notwithstanding the llffiltatlons In Ordlnance No. 801 (CCS), PALSSU shall be allowed two (2) representatl ves at the negotiating table in a paid status, provided that said representatlves shall not be entitled to pay if the negotiating seSSlons fall outs1de of their normal worklng schedule. Successors Any person hired to a permanent position in the C1ty Attorney's Office similar to those covered hereln shall become a party to thlS MOU. 37 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed th~s date 1998. By: Public Attorneys! Legal Support Staff Unlon Clty of Santa Monlca Vlctor Vasquez PALSSU Representatlve John Jallll City Manager Christine Hureskln PALSSU Representative Deborah Freeman PALSSU Representative APPROVED AS TO FORM' ATTEST' Marsha Jones Moutrle Clty Attorney Clty Clerk :":;:":"S3tT ::Ora!:: 1"0-:: 19:33-::;'1 38 f C Se! a (so ~~7'i zj ...1 RESOLUTION NO. 9343 (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 PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION WHEREAS, the City administration and representatives of the Public Attorneys' Legal Support Staff Union 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 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 Public Attorneys' Legal Support Staff Union, , l':; 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 Public Attorneys' legal Support Staff Union, 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' VI.; . A ! ,J.. .' . r1 .j~'J/ .~(/,\ "h(1'. i .i//L;J..// ..., t... ....... '-/ /1'" -' '"---" ..- V"~ - - -- "--L MARSHA JONES MOUTR1E CIty Attorney IPALSSU Fi~solutlD~ 1998 2C-oOI , ~ -, Adopted and approved this 24th of November, 1998 d~ Robert Holbrook, Mayor J, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Resolution 9343 (CCS) was duly adopted at a meetmg of the Santa MOnica City Council held on the 24th of November. 1998 by the following vote Ayes Councllmembers Femstem, Genser, O'Connor, Rosenstem Noes Councllmembers None Abstain Councllmembers None Absent Council members Ebner. Holbrook ATTEST ~~.~ Mana M Stewart, CIty Clerk