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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
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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.
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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
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11
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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
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,_ _ 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:.
---- . --,-- -,--,., ,-- -.,--------~. -,
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_'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: ,
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,__ __. ..1-'_____1 ,__
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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
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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 !
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MARSHA JONES MOUTR1E
CIty Attorney
IPALSSU Fi~solutlD~ 1998 2C-oOI
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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