SR-12-A (55)
..
PE:mea18.bancroft.pms
Council Meeting: September 29, 1992
Santa Monica,
,b2..-A
~rp r. '" '.:0;
Califortiia . -
TO: Mayor and City Council
FROM: city staff
SUBJECT: Resolution Authorizing the City Manager to Execute a
Memorandum of Understanding with the Municipal Employees
Association
INTRODUCTION
This report requests that Council adopt the attached Resolution
authorizing the City Manager to execute a Memorandum of
Understanding (MOU) with the Municipal Employees Association.
BACKGROUND
The current Memorandum of Understanding (MOU) with the Municipal
Employees Association expired on June 30, 1992. As per the terms
and conditions of the expired MOU, negotiations with the Municipal
Employees Association to replace the expired MOU commenced on April
23, 1992, and resulted in the attached MOD. This new agreement was
ratif1ed by the membership of the Municipal Employees Association
on September 22, 1992.
This agreement includes a cost of living increase for FY92-93;
increases the amount that the City contributes towards the cost of
medical lnsurance, but also places a "cap" on the City'S
contribution towards the cost of medical insurance coverage for
employees and dependents; and makes some other minor economic and
non-economic changes.
/~-A
SEP
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RECOMMENDATION
It is recommended that Council adopt the attached Resolution
authorizing the City Manager to execute the attached MOll with the
Municipal Employees Association.
Prepared By: Karen Bancroft
(KB. "mealS")
MEMORANDUM UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MUNICIPAL EMPLOYEES ASSOCIATION
TABLE OF-CONTENTS
ARTICLE/SECTION NUMBER
ARTICLE I: GENERAL PROVISIONS
( 1)
( 4)
(13)
( 2)
( 5)
( 3)
( 6)
( 8)
( 7)
(10)
(19 )
(12)
(18)
(17)
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
Parties to Memorandum.. . . . ~ . -. . . . . . . . . . . 0 . . . . 0 .
Purpose. .. . . . .. .. . . . .. -tI .. .. . . .. .. .. . . . .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. ..
Term of Agreement....... . .. .. .. II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ..
Ci ty Council Approval.... '_0_. ~---O -0 . 0 0 0 . . . . . . . . . . .
Recognized Employee Association Name..........
Full understanding, Modification, and Waiver..
Management Rights Reserved....................
Peaceful Performance of City Services.........
validity of Memorandum of understanding.......
Captions for Convenience.~....................
Non-Discrimination and Equal Employment.......
Definitions.......................................................... II......
Overpayment -Remedy II .. .. .. .. .. .. .. . .. .. .. .. .. .. II .. .. . .. .. . .. .. .. .. .. ..
Payments at Termination... 0 0 . . . . . . . . . . . . . . . . . .
ARTICLE II: COMPENSATION
(29)
(50)
(32)
(55)
(56 )
(52)
(54)
(53)
(27)
(26 )
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
Effective Date of Pay Increase................
Sa 1 ar i e s.. .. .. . .. .. .. .. .. . . . .. .. .. .. .. .. . . .. .. .. .. .. .. .. . .. .. .... .. .. .. .. II .. ..
Overt ime. . . . . . . . . .. . . . . . . . . . . . . . . .. . .. .. . . . . . . .. .. . .
Night Differential Pay........................
Call Back Pay.........................................
Skill Pay.....".-.......................................
Pay for Training..............................
Pay for Serving in Higher Job Classification..
Promo~ional Pay Rate..........................
Y - Ra t ~ n g. . .. .. . .. . . .. . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . .
Court Standby..........................................
ARTICLE III: SUPPLEMENTAL BENEFITS
(36)
(33)
(34)
(35)
(57)
(58)
(38)
(~l )
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
Health Insurance programs ....................
Ret irement. .. .. . .. . . . .. .. .. . .. .. .. .. . . . . . . . . .. .. . . __ . .. . . . .. ..
Tuition Reimbursement and Training............
Deferred Compensation.........................
Uniform Allowance. . . . .. .. . .. . . . . . . . . . .. . . .. .- .. . . . .. .. ..
Mileage Reimbursement::................ . . . . . . . . .
State Disability InSUrance... ........~........
sick Leave Buy Back..........~........:.......
Long Term Disability Insurance................
i
PAGE
1
1
2
2
2
3
3
3
4
5
5
5
8
8
9
9
11
12
13
13
15
15
16
16
16
19
19
20
22
22
23
23
23
25
ARTICLE IV: LEAVES
(39)
(40)
( 41)
(48 )
(44)
(46 )
(45)
(43)
(42)
(49 )
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
Paid !:Iolidays...................... ill .. .. .. . .. " ill . .. ill .. .. . .. .. .. .. .. .. .. ..
Vaca t~on Leave III .. . . .. .. III . .. .. .. . .. .. .. .. .. . .. . II .. .. . .. .. .. .. .. .. . ..
Sick Leave..................................................................
Leave of Absence Without pay..................
Mil i tary Leave................................
Workers' compensation Leav~...................
Jury Duty.........................................................................
Bereavement Leave......... ~ . . . . . . . . . . . . . . . . . . .
Personal Leave Days...........................
Parental Leave.............................................................
ARTICLE V: WORKING CONDITIONS
( 20) 5.0l
(28) 5.02
(30) 5.03
( 21) 5.04
(22) 5.05
(23) 5.06
(24 ) 5.07
(37) 5.08
(16 ) 5.09
5.10
5.11
26
27
28
29
30
30
30
30
31
32
Sa f et y .. .. .. .. .. . ... . . .. .. .. ... . .. .. .. .. . .. .. . . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. 33
Effect of Job Performance on Salary........... 33
Effect of Reassignment/Recertification on
Bonus/Skill Pays.............................. 34
Employee Parking.............................. 34
Personnel Files............................... 35
Job Sharing.............~..................... 36
Work Schedules................................................... 36
Energy Conservation......... .................. 38
Clerical Classification Revision..... ......... 38
La y 0 f f s.. . .. . . . . . . .. . .. . . .. . .. . .... . . .. .. . . . III .. . . .. . . .. . III .. .. .. 3 8
Promotions.......... . ........... ...... ... . ..... . . . . 39
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
(09)
(11)
(14)
(47)
(15)
(25)
(31 )
EXHIBIT A
EXHIBIT B
EXHIBIT C
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
Payroll Deduction. III . . . . .. . .. . . .. . . . . . .. . .. . . . .. .. . . . .
Reasonable Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Association Security..........................
Time-Off for Association Business.............
Notification of New Hires.....................
Child Care...... II . .. .. .. . .. . " . . . . . . . . . . . . . .. .. .. . . . III .
Grievance and Complaint Procedure.... .........
R~gh~ t~ Associa~ion Representation...........
D~scJ..p11nary Act10n. . . . . . . . . . . . . . . . . . . . . . . . . . .
REPRESENTED CLASSIFICATIONS
PERFORMANCE EVALUATION FORMS
AGENCY SHOP
ii
40
40
40
41
41
41
42
45
45
ARTICLE I: GENERAL PROVISIONS
1.01
1. 02
Parties 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, whose lawful provisions are hereby
incorporated by reference as if fully set forth herein,
and has been executed by the City Manager on behalf of
the City and by the Municipal Employees Association,
Administrative, -~erical, and Technical (hereinafter
MEA), on behalf of employees occupying the line-item
position classifications set forth in Exhibit A which
is attached hereto and made a part hereof.
As of July 1, 1992, the following position
classifications will no longer be represented by MEA.
However, an incumbent in any of these classifications as
of June 30, 1992 will be given the option of being
IIgrandfathered" and thereby continue to be represented
by MEA and be covered by the terms and conditions of
employment as set forth in this Agreement and any
subsequent Agreements, as long ashe/she continues to
hold the position classification in question. If the
"grandfathered" employee I s position should become
vacant, the new incumbent will be represented by the
bargaining unit which- became - the Recognized Employee
Organization representing that position classification.
Assistant Domestic Violence Counselor
Domestic Violence Counselor
Liability Claims Adjuster
Plan Checking Engineer
Programmer Analyst I
Programmer Analyst II
Systems Administrator
Telecommunications Analyst
Youth Services Counselor
In the event new job classifications are created the
Mun~cipal Employee Relations Officer will notify MEA
prior to Personnel Board and City Council consideration
of the new classification specifications. No
classifications currently represented by MEA shall be
excluded from the unit during the term of this MOU
except by mutual agreement.
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation
and understanding between the City and the employees
covered herein; to provide an orderly and equitable
- 1 -
1.03
1.04
1.05
means of resolving differences which may arise under
this memorandum, and to set forth the full agreements of
the parties reached as a result of meet1ng and
conferring in good faith regarding matters within the
scope of representation for employees represented by
MEA.
Term of Agreement
This Agreement shall be effective as of July 1, 1992 and
shall remain in full -force and effect until June 30,
1993. It shall be automatically renewed from year to
year thereafter-unless either party shall notify the
other in writing- not-later than March 1st of 1993 and
each subsequent year-:that-it desires to terminate or
mod~fy this Agreement, and specifically indicate
requested modifications. In the event that such notice
is given, negotiations shall- begin no later than April
l5th with a signed contract desired by July lst.
City council Approval
This MOU represents the mutual agreement of the parties
on the matters contained herein, but such agreement is
not binding on the parties unless or until ratified and
approved by MEA and unless- .or until ratified by
resolution duly adopted by the City-counoil of the City
of Santa Monica.
Recognized Employee Association Name
MEA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent employees
occupying line item position classifications set forth
~n Exhibit A (which is attached hereto and made a part
hereof) pursuant to Section 3.04 (c) of Ordinance No.
801 (CCS). It is the mutual understanding of the
parties hereto that acknowledgment of MEA, as the
Recognized Employee Organization:
A. Does not preclude employees in such position
classifications from representing themselves
individually in their employment relations with the
city.
B.
Does not
management
employees
concern~ng
city.
preclude or restrict the right of
officials to meet and consult with
in such position classifications
their employment relations with the
- 2 -
1.06
1.07
1.08
Full Understanding, MOdification, and Waiver
The parties agree that each has had full and
unrestricted right and opportunity to make, advance, and
discuss all matters properly within the scope of
representation as outlined in Section 2.05 of ordinance
No. 801 (CCS). This MOU constitutes the full and
complete agreement of the parties and there are no
others, oral or written, except as specified in this
Agreement. Each party, for the term of this MOU,
specifically waives the right-to negotiate for changes
herein, and agrees that the other shall not be required
to negotiate for changes- herein, -whether or not the
subjects were known to the parties -at the time of
execution hereof as proper subjects with~n the scope of
representation -as outlines in section 2.05 of Ord~nance
No. 801 (CCS).
The wages, hours of work and other terms and conditions
of employment covered by this MOU, including those
wages, hours of work and other terms and conditions of
employment in existence prior to this MOU, although not
specifically referred to in this MOU, shall constitute
the wages, hours of work and other terms and conditions
of employment for the term of this MOU.
Management Rights Reserved
The City retains all rights it had prior to this
Agreement except those rights specifically delegated by
this Agreement; provided that the City shall exercise
those rights in compliance with applicable State law,
the civil Service Provisions of the Municipal Code, the
City Charter and the provisions of this MOU.
Peaceful Performance of city Services
It is mutually understood and agreed that participation
by any employee in a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specific written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of
the parties hereto will participate in or
encourage, assist or condone any strike, concerted
work stoppage, cessation of work, slow-down,
sit-down, stay-away, illegal picketing or any other
illegal form of interference with or limitation of
the peaceful performance of City services.
B. In the event that there occurs any strike,
concerted work stoppage, cessation of work,
slow-down, sit-down, stay-away, illegal picketing
- 3 -
1.09
or any other illegal form of interference with or
limitation of the peaceful performance of city
services, the City, in addition to any other lawful
remedies or disciplinary actions, may by action of
the City Manager cancel any or all payroll
deductions, prohibit the use of bulletin boards,
prohibit the use of City facilities, and prohibit
access to former work or duty stations.
C. The protection of the public health, safety and
welfare demands that neither the employee
organization, nor any person acting in concert with
them, will cause, sanction, or take part in any
strike, walk-out, sit-down, slow-down~ stoppage of
work, illegal picketing, retarding of work,
abnormal absenteeism, withholding-of services, or
any other illegal interference with the normal work
routine. The provisions of this article shall
apply for the same term- as this Agreement, or
during any renewal or extension thereof. violation
of any provision of this MOD by either party shall
be cause to terminate this Agreement, in addition
to whatever other remedies may be available at law
or inequity.
D. The City agrees that there shall be no general
lock-out of bargaining unit members. Both parties
agree to exercise good faith in complying with all
the terms and conditions of this MOU. -
Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid
or lllegal by a court of competent jurisdiction, then
such provision shall be severed from this MOD, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to, in
good faith, negotiate for the purpose of replacing any
such ~nvalid or illegal provision.
Should any change be made in any Federal or state law,
or ln any rules and regulations implementing such
legislation, or in any city Charter provision which
would be applicable and contrary to any provision herein
contained, then such provision- of this-MOD shall be
automatically terminated, but the remainder of this MOD
shall remain in full force and effect. Such legislation
and/or rules and regulations shall supersede this MOD
and applicable clauses shall be substituted for those
ruled invalid or illegal. The parties hereto shall
immediately commence--to negotiate for the purpose of
replacing any such invalid or illegal provision.
- 4 -
1.10
1.11
1.12
captions for Convenience
The captions herein are for convenience only and are not
a part of the MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Non-Discrimination and Equal Employment
It is agreed by both parties to this MOU that they will
fully comply with all applicable local, state and
Federal laws, rules and regulations prohibiting
discrimination and governing _ __equal employment
opportunity. The Affirmative Action Program and the
Sexual Harassment Policy of_ the city of Santa Monica are
affirmed by both parties to this MOU and incorporated by
reference herein.
Every city employee is ~xpected to respect the dignity
of every other city employee and to refrain from any
actions, including the use of slurs or jokes regarding
sex, age, race, national origin, religion, disability or
sexual preference/orientation which could be construed
as harassment. Harassment of fellow employees is a
violation of City policy. No employment decision shall
be made based upon an employee's submission to or
rejection of such conduct. Any employee who believes
that he/she is the victim of such harassment EaY_Iile a
complaint pursuant to the proces~ defined in Section
6.06C of this MOU.
Complaints of discrimination by 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
involvlng sexual harassment, may bypass any step of the
standard grievance procedure which involves a supervisor
or manager whose conduct is the subject of the
compliant.
Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. tlSalary Range" shall mean the normal five-step A)
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position classification within the City work force.
B. "Salary Range steps A through 011 shall mean and be
established to bear the following percentage
relationsh1p to Salary Range step E computed to the
nearest dollar. Normal progression through the
- 5 -
range toward E-5tep shall be in annual step
increments cont~ngent on satisfactory serv~ce.
Step A - 81% of Step E
Step B - 85% of Step E
step C - 90% of -Step E
Step D - 95% of Step E
step E - 100%
c. "Nearest Dollarll shall mean the next lower dollar
in a monthly rate when the computed amount is fifty
(50) cents or less and the next higher dollar when
the computed amount is fifty-one (51) cents or
more.
D. IILine Item Position" shall mean a position which is
(1)
specifically itemized in
schedule of the annual budget
Santa Monica and
the personnel
of the city of
(2) eligible to accumulate vacation, sick leave
and other time off in proportion _to the
percentage of the full-time forty (40) hour
work week. Other fringe benefits shall be
provided to part-time employees covered herein
as if they were employed on a full-time basis.
E. "Permanent Employees" shall mean
(1) A person who is legally an incumbent of a
line-item position, full or part-time; or
(2) A former legal incumbent of a line-item
position on authorized leave of absence from a
regularly budgeted position which position is
held pending the employeels return.
The term IIpermanent employee" shall not be
construed to imply a guarantee of continued
employment. However, no permanent employee shall
be denied the right to those due process
protections appropriate to their status under the
Municipal Code and City Charter and applicable
state law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into
a line-item position in the classified service of
the City of Santa Monica, either by original
employment, reemployment or promotion. The date of
entrance for employees with broken service shall be
- 6 -
considered as that date on which the last unbroken
service in the class~fication was effective.
G. "Satisfactory Service" shall mean the attainment of
an Overall Performance Rating of not less than
"Satisfactory" on the performance report associated
with the employee's most recent date of entrance
anniversary.
H "Full-Time Work Week 'I shall mean forty (40) hours
within the seven (7) consecutive days (i.e., seven
consecutive 24-hour periods) established as the
work week for the affected employee(s).
(1) Incumbents of line-item positions employed in
a work week less than that defined as the
full-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
budgeted for that position bears to the
full-time work week; incumbents of line-item
positions employed in a work week greater than
that defined herein shall be compensated for
hours in excess ox the full-time work week on
the basis of and in- -accordance with the
provisions of the article hereof relating to
overtime.
(2) Incumbents of line-item positions regularly
working less than the full-time work week
shall accrue vacation, sick leave and other
time off in the same ratio as the average
number of hours they work per week is to the
full-time work week for the position occupied.
Other fringe benefits shall be provided to
part-time employees covered herein as if they
were employed on a full-time basis.
I. "paytl shall mean compensation for regular hours
worked, sick leave, bereavement leave, vacation,
holidays, compensatory time off and/or jury duty.
J. IIIn Pay Status" shall mean earning pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month in which an employee has been in pay
status for eleven (11) or more working days.
L. "Working Day" as used in the sections of this
Agreement pertaining to vacation accrual (Section
4.02) and sick leave accrual (Section 4.03) shall
mean eight (8) hours.
M. "Compressed Work Schedule" shall mean a work
schedule in which a full-time employee is assigned
to work a total of eighty (80) regularly scheduled
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1.13
l.l4
work hours in nine (9), or less, days in a given
two-week (i.e., two work week) period.
overpayment Remedy
Permanent employees covered herein shall reimburse the
city for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifies the affected~ employee in writing. If the
overpayment was not the result of fraud or
misrepresentation by the employee, the overpayment shall
be reimbursed~by<payroll ~deductions over a t1me period
equal to the time period that overpayment was made, or
by any- -other- reasonable -repayment method mutually
acceptable to the city and the employee. If the
overpayment was the result of fraud or
misrepresentation, the overpayment shall be reimbursed
by immediate lump-sum- payroll -deduction(s). In any
event, a lump-sum -deduction-shall be required if the
next subsequent employee payroll warrant is the final or
termination warrant issued to the affected employee.
Payments at Termination
When permanent employees covered herein, who are
considered "non-exempt" under the Fair Labor Standards
Act, leave the-service of the City of Santa_Monica, -they
shall be entitled to lump sum payoff of vacation days
and any unused compensatory time. Employees considered
"exempt" under the Fair Labor Standards Act will he
entitled to a lump-sum payoff of vacation days but will
not be entitled to a lump-sum payoff of any unused
compensatory time. No cla~m shall be made against the
City for the use or payoff of unused sick leave, nor
shall the effective date of termination be extended by
use of compensatory time, sick leave or vacation.
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ARTICLE II: COMPENSATION
2.01
Effective Date of Pay Increase
A. All negotiated pay increases and salary related
benefit increases specified in this MOV shall
become effective on the first day of the pay period
closest to the date stated in Section 2.02 hereof,
except that when such date falls on the Sunday in
the middle of a pay period, increases shall become
effective on the first day of the pay period
immediately following said effective date.
B. periodic- (step or merit) pay increases shall become
effective on the first day of the pay period in
which they are due.
2.02
Salaries
Salaries of permanent employees covered herein shall be
on a monthly rate, paid o~ a biweekly equivalent basis.
In lieu of the biweekly equivalent to a monthly rate,
the City Manager may- fix the compensation of any
position at an hourly rate. In positions for which the
work week is forty {40) . hours, the hourly equivalent
shall be determined by dividing the biweekly rate by
eighty (80).
A.
Effective July 1, 1992,
employees covered herein
4.0%.
~e
shall
E-step salaries of
be increased by
For the following classifications, the salary
increase provided in the first paragraph of
Subsection A of this Section shall be applied to
the following E-step salaries, which reflect an
equity adjustment. For the purposes of this
Section, the E-step salary for all other
classifications covered herein shall be that E-step
salary in effect as of June 30, 1992.
Community services Officer II
Field Inspector I
Field Inspector II
1.0. Technician
Police Range/Supply Specialist
$3,052
2,970
3,391
3,654
3,276
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B. compensation & Classification studies
1. ~ompensation Studies
Employees holding a position in a job classification
represented by MEA will be eligible to rece~ve an
equity adjustment iI a compensation study
substantiates the-need for an- equity adjustment to
bring the salary range of that job classification in
line with the mean salary paid the same or
comparable job classification found in cities
comparable to the city of Santa Monica. A
compensation study will be based on the
classification specification approved by the
Personnel Board for the job classification being
studied and will be based on the maj ori ty of the
duties and responsibilities held by that job
classification. Compensation studies may also take
into account internal equity factors based on a
review of other City of Santa Monica job
classifications.
The Personnel Department of the City of Santa Moniua
will conduct the compensation studies. Requests for
compensation studies must be submitted by the
employee or MEA in writing, using Personnel
Department specified forms, - _to the Personnel
Department by no later than December 1 of the year
preceding the expiration of - the MEA Memorandum of
Understanding (MOU). In its study, the Personnel
Department will consider any salary comparison data
provided by MEA or the employee requesting a
compensation study.
The Personnel Department -shall make every effort to
complete compensation studies by March 1 of the year
following submission of the request for the study.
Results of the compensation study, including the
supporting rationale and the methodology used, will
be reported in writing to the requesting employee
and MEA. Should the compensation study indicate
that a given jOb classification is currently being
paid above the mean salary paid to the same or
similar job classification found in comparable
cities, the salary range for that job classification
will remain unchanged.
Equity adjustments will be subject to the approval
of the City Council.
2. Classification Studies
If the duties and responsibilities of an employee's
position have changed and are no longer accurately
described by the classification specification for
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her/his position, the employee or MEA may request
that the classification specification be changed.
Such requests shall be made in writing, using
Personnel Department specified forms, to the
Personnel Department by no later than December 1 and
shall set forth supporting reasons. The Personnel
Director, or his/her designee, shall make a study of
the position and report his/her findings to the city
Manager. The Personnel Director will make every
attempt to complete all classification studies by
March 1 of the year following submission of the
request. The Personnel Board must approve any
modifications made to -the .existing classification
specifications . and all _ new classiflcation
specifications. Decisions as to the
re~lassification of a position shall be made by the
City Manager and shall be final.
If classification specifications are modified in
such a manner as to necessitate a change in
compensation level, said change in compensation
shall not be effective until the effective date of
the next City budget. If an employee is
reclassified to a new jOb classification, said
change shall not be effective until the effective
date of the next city budget.
2.03
overtime
overtime for employees who are regularly assigned to
five (5) day, eight (8) hour per day work week and for
permanent part time employees who regularly work less
than eight (8) hours in one (1) day and forty (40) hours
in one (1) week shall mean work in excess of eight (8)
hours in one (1) day or forty (40) hours in one (1)
week, provided such hours of work have had the prior
approval of an authorized departmental management
official. Overtime for employees regularly assigned to
a work day in excess of eight (8) hours or a work week
~n excess of forty (40) hours shall mean work in excess
of the regularly scheduled number of hours in one (1)
day or in excess of the regularly scheduled hours in one
(1) week, provided such hours have had the prior
approval of an authorized management official. All
authorized overtime shall be compensated for by cash
payment based upon one and one-half (1-1/2) times the
hourly rate equivalent of the employee's monthly salary
computed to the nearest one-tenth of an hour, except
that an authorized departmental management official may
grant compensatory time orI at the rate of one and
one-half (1-1/2) hours off for such overtime provided
that such compensatory time off can be granted within
the current fiscal year. If compensatory time is
accrued and not taken by June 30 of any fiscal year, it
will be paid to the employee at the rate earned.
- 11 -
2.04
In the event that a holiday or a sick leave day falls on
a regularly scheduled work day for which the work hours
exceed eight (8) hours, the employee will have the
option of working, at straight-time, the number of
hour (s) needed to supplement the eight (8) hours of
holiday payor eight (8) hours of sick leave pay so that
the employee will receive pay for the total number of
regularly scheduled work hours-for that day. The extra
time worked by the employee shall be worked during the
work week in which the holiday or the sick day falls.
In no event may an employee's work schedule be changed
to avoid the payment of overtime unless the employee
initiates the schedule change.
An employee who is directed to work on the scheduled day
off, shall receive- time and- one-half (~-1/2) for all
hours worked-on that day.
Night Differential Pay
Shift differentials shall be as follows:
A. Seventy-five cents ($0.75) per hour for all hours
worked on the shift for employees whose regular
schedule requires that the employee work at least
four (4) hours between 4:00 p.m. and 12:00
Midnight, subject to Subsections C, D and E below.
B. Ninety cents ($0.90) per hour for all hours
worked on a shift for employees whose regular
schedule requires the employee to work at least
four (4) hours between 12:00 Midnight and 7:00
a.m., subject to Subsections C, 0 and E below.
C. If any employee qualifies under both Subsections A
and B above, Subsection B shall prevail.
D. Shift differentials are not applicable when
scheduled hours are compensated as overtime.
E. Shift differentials are not applicable when the
employee is working the above hours as part of a
"split shift." IISplit shiftll is defined as: a
shift of eight (8) or more hours in a single day,
separated by a break of at least three (3)
non-working hours during the shift. Such employees
shall be paid the applicable shift differential,
established in SUbsections A or B above, only for
the hours actually worked on that shift.
F. If, during the term of this Agreement, a higher
night shift differential is provided by the City
council to any other -bargaining unit, employees
covered herein shall receive the higher rate.
- 12 -
2.05
2.06
Call Back Pay
Should the City call back any full-time employee covered
herein before or after his/her normal working hours to
perform work, the City shall pay not less than a minimum
of three (3) hours of pay, regardless of time actually
worked as a result of being called back to work to
perform services for the city.
Skill Pay
The following provisions exist for added payment for
special work assignments:
A. Registration by state of California Plan Check
Engineers and Fire Prevention Engineers receive an
additional $165.00 per month above their base rate
if they receive official registration by the State
of California. Such registration must be
maintained by the employees and supplemented by
regular, at least annual, courses in the
engineering field of study, or the bonus will be
stopped as of July 1 of the next fiscal year.
Courses which will enable the employee to meet this
requirement are subject to Tuition Reimbursement.
B. leBO Certificate Building Inspectors, Senior
Building and Housing Inspectors, Senior Electrical
Inspectors and Senior Plumbing/Mechanical
Inspectors, receive an additional $50.00 per month
if they receive an International Conference of
Building Officials certificate as a combination
Inspector. Senior Electrical Inspectors and Senior
Plumbing/Mechanical Inspectors receive an
additional $25.00 per month if they receive a
certificate in their specialty from the leBO.
Employees receiving such certification must
maintain certification to continue to qualify for
the bonus. Such training or courses are subject to
Tuition Reimbursement.
C. Scuba Dive Pay Whenever the Public Works
Inspector is required to scuba dive in the course
of assigned duties a skill bonus of $45.00 per
month shall be paid for any month during which the
employee has performed such diving. This benefit
is payable only if annual recertification is
attained and if the employee has been assigned to
scuba dive.
D. supervisory Differential A supervisory
differential of 2.7% shall be paid to employees who
are assigned to regularly supervise other employees
in the same job classification and who are not
- 13 -
covered under the terms of Sections 2.07 or 2.08
herein.
E. Short Hand Bonus -- Where shorthand ~s determined
to be a bonafide requirement of a position in the
Staff Assistant job series, an additional $50.00
per month shall be included in the compensation of
the individual who holds the-position and can take
dictation at seventy-five (75) words per minute.
Recertification of this shorthand skill may be
required from time -<to time through examination
administered by the Personnel Department.
F. Typing Bonus - -- An-- _employee occupy~ng the
classification_ of _ Staff Assistant I, Staff
Assistant II, Staff Assistant III, Staff Assistant
IV, Administrative staff Assistant, Fiscal Staff
Assistant I, Fiscal Staff Assistant II or
Transcriber Typist whose typing speed exceeds that
required for the position by twenty (20) words per
minute or more shall receive an additional $50.00
per month. Recertification of this skill may be
required from time to time through examination
administered by the Personnel-Department.
G. Bilingual Bonus -- Qualified employees who meet the
criteria set forth herein shall receive a bilingual
skill -pay of $50;00 per month~ To receive
bilingual pay the following criteria must be met:
(I) The employee must be assigned to speak or
translate a language in addition to English.
This may include specialized communication
skills such as sign language.
(2) An employee must regularly utilize such skills
during the course of their duties or upon
request OI city management.
(3) To become qualified, an employee must be
certified as qualified through examination
administered by the Personnel Department.
An employee who has not been certified and
qualified and is not receiving bilingual skill pay
will not be required to utilize this skill except
in an emergency situation.
If, during the term of this Agreement, a higher
bilingual pay is provided by the City Council to
any other bargaining unit, employees covered herein
shall receive the higher rate. In accordance with
this paragraph, an employee covered herein now
receives $100.00 per month if he/she qualifies for
bilingual bonus pay because of Spanish language
- 14 -
2.07
2.08
skills.
1991.
This change is retroactive to July 1,
Pay for Training
An employee covered herein who is specifically assigned
by the supervisor to train a new employee in the rules,
regulations and procedures of the Department and the
duties of the new employee's position, who may be
expected to communicate the new employee's progress to
the supervisor, shall receive Training Bonus of $0.50
per hour for each hour worked while so assigned provided
that the employee's classification specification does
not reference training or supervision as
responsibilities. It is'-not the City I S intention to
avoid payment of this bonus where appropriate; however,
the bonus does not apply to informal '.mentor'.
relationships which may evolve between veteran and new
employees or to an isolated request to orient a new
employee to a piece of equipment or a procedure where
the task can be accomplished in a day or less.
Pay for Serving in Higher Job Classification
When, in the determination of the Department Head, it is
necessary to . ~speci:f.ically ;:jssign _.-an _ employee _:the
significant duties and responsibilities of a higher
classification, the employee so assigned shall be
compensated as follows:
A. If the assignment is temporary due to the vacation,
sick leavs or other temporary absence of the
employee in the higher classification, the employee
temporarily assigned shall be paid at the rate of
seventy-five (75) cents per hour for all such hours
assigned after the employee works a minimum of two
(2) consecutive work days in the higher
classification assignment, with payment retroactive
to the first day. The City shall not rotate
employees in and out of higher position
classification assignments in order to avoid paying
said compensation.
B. If the position to be filled is vacant and there is
no valid eligible list for the classification, the
Department Head, if he/she has initiated procedures
to fill the vacancy on a permanent basis, may
assign an employee who meets the minimum
qualifications of the vacant position to fill that
position on a temporary detail (acting) basis. The
employee shall receive the salary rate for the
vacant classification at the lowest salary step
which provides an increase of at least 5% over
- ~5 -
2.09
2.10
2.11
his/her current rate of salary. If an eligible
list exists for the vacant position, the Department
Head shall appoint an employee from the eligible
list at the earliest possible date, and the
provisions of thlS paragraph shall be applicable to
the employee assigned to cover the vacancy in any
interim period.
c. An emp1-oyee -specifically .ass.igned to perform the
duties and responsibilities of a higher
classification may, after twenty (20) working days,
choose to return to the original classification
provided that another qualified employee is
available to-serv~-in tha-higher classification.
Nothing in this section shal~requ-irethe City to make
temporary assignments of employees.
Promotional Pay Rate
In the event that the rate of pay for an employee being
promoted is equal to or greater than the entrance salary
of the new position, the employee's salary shall be
increased to the next higher rate to that attained in
the former position.
A reclassification of a permanent employee covered
herein to a higher level job classification will be
considered a promotion and the employee's salary shall
be increased to the higher salary rate in the new
classification which provides a minimum of five (5)
percent salary increase, provided, however, that in no
event shall the salary rate exceed- the maximum -salary
rate for the new classizicat~on.
Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the
incumbent employee's salary range, the incumbent
employee's salary may be Y-rated. nY-rated" shall mean
the maintenance of the incumbent employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's sa~ary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rated salary.
Court standby
Whenever an employee has been placed in an on-call or
standby status while off duty in response to a subpoena
or d~rective in relation to a matter that arose during
- 16 -
the course and scope of employment, the following shall
apply:
A. For (1) the first court session (either morning
or afternoon) dur1ng a calendar day and (2) the
second court session during a calendar day where
the required court appearance is in connection
with a different matter than was involved in the
first court appearance, employees shall rece1ve
compensation as follows:
1. Employees who are off-duty for the entire period
of the court session shall receive an amount
equal to three (3) hours of compensation at the
straight time rate~
2. Where the standby or on-call assignment
commences wi thin three (3) hours prior to the
beginning of the employeels regularly scheduled
work shift, the employee shall receive
compensation at the applicable hourly rate of
pay for all time transpiring between the
commencement of the standby or on-call
assignment and the time the regularly scheduled
work shift was scheduled to begin.
3. The provisions of this Section shall apply if a
standby or on-call assiqnment that is scheduled
to occur on an employee' s scheduled day off
(including, for example an approved vacation) is
canceled less than twelve (12) hours in advance
of the time the assignment is scheduled to
begin.
4. The provisions of this Section shall not apply
if a standby or on-call assignment that 1S
scheduled to occur on an employee I s scheduled
work day is canceled any time prior to the
commencement of the standby or on-call status.
B. For the second court session in connection with the
same matter on that calendar day, the employee shall
receive compensation on an hour for hour basis at
the straight time rate.
c. Employees who are called into court after having
been in an on-call or standby status shall be
compensated as follows:
1. An employee who is required to appear in court
during the initial court session on a calendar
day that the employee is placed in an on-call or
standby status shall receive appropriate premium
overt1me compensation as provided in Section
2 . 03 of this Agreement as if the court
- 17 -
appearance began at the time the on-call or
standby assignment commenced.
2. An employee who is in an on-call or standby
status during the first and second court
sessions and is required to appear in court
during the second court session shall receive
straight time compensation for the first court
session in accordance with paragraph A.I of this
Section and shall receive appropriate premium
overtime compensation far the second court
session in accordance with paragraph C.l of this
Section.
- 18 -
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
Effective July -1, 1992, the City agrees to pay up to a
maximum of $435.00 per month towards the cost of medical
insurance coverage for employees and eligible dependents
provided that employees covared herein participate in
the City-offered medical insurance programs. The cost
of medical insurance coverage will be set each January
1st and will be a "composite" .monthly insurance
premium derived by dividing tha total monthly insurance
premium for all medical: -plans off"ered by the City,
except the PERS PORAe _ medical plans, by the total
number of employees enrolled in said medical plans as
of January 1st. Any extra payment required under
such plans shall be paid by the employee electing such
coverage.
In the event that the contribution "cap" does not cover
the cost of medical insurance coverage for employees and
eligible dependents, the City agrees to meet and confer
with MEA. If ~he city wishes to implement changes in
the current levels of coverage provided under the
city-offered_~edical plans, and if said changes are at
the volition or the cit~, the City must meet and confer
with MEA. Any mandatory, non-optional change(s) in
coverage levels required by medical insurance carrieres)
will be referred to the City-established Health
Insurance Committee Ior review prior to the effective
date of said change(s) in a good faith effort to reach
agreement on the manner of implementation.
Dental insurance coverage shall be provided at no cost
to employees and their eligible dependents provided that
employees covered herein participate in the City-offered
dental insurance programs.
The City agrees to provide v~s~on care insurance, at no
cost, to employees covered herein. The City retains the
right to select the provider and to set the levels of
coverage for said vision care insurance plan. The
City also retains the right to change the provider of
said v~sion insurance plan and/or the level of
benefi ts provided under that plan without meeting and
conferring.
3.02
Retirement
The City is a contract member of the Public Employees'
Retirement System (PERS), and it is understood and
agreed that such membership will be maintained and the
- 19 -
3.03
employee eligibility, classification, contributions, and
benef~ts are as prescribed in the contract between the
City and the public Employees I Retirement System
heretofore approved by the Santa Monica c~ty council.
The city shall continue to pay on behalf of each
employee covered by this Agreement an amount equal to
the individual- - employeeJs share of the required
retirement contributions to PERS (i.e., 7% of the
employee's "compensation" as defined by law). For the
three (3) employees who were hired as IO Technicians
prior to 1963 and who elected to be "grandfathered" into
the Safety retireEent system, the City shall pay on
behalf of these employees an amount equal to the
individual employee's share of the required retirement
contribution to PERS (i.e., --9% of the employee's
"compensation" as defined by law). For the Fire Safety
Specialist who is a - member of the Safety retirement
system, the City shall pay-on -beha~f of said employee an
amount equal to the individual employee's share of the
required contribution to PERS (i. e. , 9% of the
employee's "compensation" as defined by law).
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or be deemed to have been changed by reason
of such payments; as a result, the city will not treat
these payments as ordinary income and thus, will not
withhold Federal or State income tax therefrom. The
City's practice will be to report these payments as
being those of the employee so that they will be
credited to the particular employee's individual account
with PERS and upon termination will belong to the
employee.
It is agreed that if state and/or Federal procedures
require reporting of these payments in any other manner,
the parties will observe the provisions of Section 1.09
of this MOU.
TUlt~on Reimbursement and Training
The city and MEA agree that education and training may
enhance an employee's job performance and prepare the
employee for career- -advancement within the city. To
that end, the City and MEA encourage employees to take
advantage of City-sponsored training programs and of the
tuition reimbursement program that provides an incentive
to take courses on the employee's time.
The employee and his/her supervisor should document
objectives for training and education during the annual
performance review referenced in Section 5.02 herein.
These objectives should form the basis for selection of
- 20 -
specific training seminars and academic or technical
courses during the course of the fiscal year.
In any fiscal year during the term of this MOU,
employees covered herein shall be entitled to training
and tuition reimbursement on the following basis:
A.
One (1) City-paid training course
performance evaluation objectives, to
at the Department's convenience during
either on or off-site.
supported by
be scheduled
work hours,
B. Notification to employees of special City-conducted
classes held in conjunction with examinations for
non-traditional jobs. These classes may be
scheduled during work oT-non-w~rk time.
C. Reimbursement of up to $1,000.00 per fiscal year
for educational courses supported by performance
evaluation objectives, and related study materials
(exclusive of parking, room and board) on the
following basis:
(1) The course shail - be certified by the
Department Head 4nd Personnel Director if it
is consistent with the career development
objectives of the employee's most recent
performance evaluation.
(2)
The study
qualification
represented in
enhancement of
performance.
course
for
the
the
must be directed to
an employment position
City workforce or to
~mployee's current job
(3 )
The employee
expectation of
position upon
study course
enrollment.
must exhibit some reasonable
qualifying for another City
successful completion of the
if that was the reason for
(4) Reimbursement shall be made only in
installments upon successful completion of
prescribed units of study required by study
course approved.
(5) In the event a portion of the tuition and
study material is paid by an outside source of
aid, the City'S reimbursement shall be limited
to the difference between the cost of the
course less the amount of outside aid up to
the maximum reimbursement herein provided.
( 6)
Only employees who have completed
initial probationary period with the
shall be eligible for this program.
their
City
- 21 -
3.04
3.05
(7)
Courses for which tuition reimbursement will
be made must be taken on the employee's time
or on authorized vacation leave.
D. The City will maintain a computer record of each
employee's training and tuition reimbursement
course completions, _ which record shall be made
available to the employee for use in making
application for other City positions.
Deferred Compensation
It is hereby agreed_ that -employees covered herein will
be offered participation in ~he City's~ deferred
compensation plan.: ~
Uniform Allowance
A. Employees covered here2n, if required to wear a
uniform and such uniform is not. furnished by the
City, shall receive a monthly uniform allowance of
$40.00, and shall provide and _ wear -at all times
while on duty the uniform prescribed by their
respective Department Heads;
In addition to a continuation of the current
monthly uniform allowance described in the first
paragraph of Subsection A, above, the City will
provide one (1) new uniform each fiscal year for
the following classifications in the Police
Department: Communication Operator II, Parking
Checker, Community __ ..se~ices ~ _ _Officer II,
Community Services Officer I and Jailer. Each new
hlre in any of these classif1.cations, upon
appointment, will be supplied a complete uniform
and equipment required for the position.
B.
Upon request the
maintain coveralls
required to do work
personal clothing.
City agrees to furnish and
to those employees who are
that may cause damage to their
C. Except as provided in Subsection A above, the City
will provide and maintain any required uniform, and
employees shall be required to wear such uniforms
at all times while on duty.
Uniform specifications -for employees - currently covered
by this Section will not be changed during the term of
this MOU except by mutual consent of the~arties.
- 22 -
3.06
3.07
3.08
Mileage Reimbursement
Reimbursement to employees for authorized use of
personal automobiles on City business shall be at the
rate established by the City Council.
state Disability Insurance
The City shall maintain the state Disability Insurance
coverage in effect at the beginning of this MOU for the
term of this MOV. Said coverage shall be at city
expense, with City payment of said coverage to be
retroactive to January 1, 1989 for all employees covered
by this MOD. No integration of sick leave will be
provided.
This section of the MOU will be in effect through
December 31, 1992, at which time SDr coverage for MEA
employees will be discontinued and replaced with a Long
Term Disability Insurance plan as set forth under
section 3.09 of this MOU.
sick Leave Buy Back
Employees covered herein have two (2) optional sick
leave programs to choose from. Because the choice is
one-time and irrevocable, employees should carefully
consider their long and short term needs in arriving at
a choice. New employees shall make their selection at
the time they first become eligible to select payoff.
The two (2) programs are as follows:
A. Program I - The employee has the annual option to
be paid for certain unused sick leave on the terms
noted below or to "bank" unused sick leave to a
maximum accumulation of one hundred thirty (130)
days.
Payment at the employee's base salary for the
fiscal year during which the sick leave was earned
but not used, excluding any special assignment or
bonus pay, shall be made only to employees on the
payroll as of June 30 of that fiscal year. To
qualify for payment an employee must have a sick
leave "bank" of twelve ~12) days. For the purposes
of this Section, "bank" shall mean sick leave
earned in prior years and reported in the "sick
Leave Balance Brought Forward from prior Contract
Year" column of the "Vacation, Sick Leave and
Compensatory Time" report issued by the Finance
Department at the beginning of the fiscal year
during which payable sick-leave is earned.
- 23 -
Annual sick leave payoffs under this section tor
employees with less than ten (10) years of service
shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for
employees with ten (10) or more years of service
shall ba made according to the following schedule,
providing there are enough sick days accrued ~n the
employee. s sick leave bank to cover the payoff
described below:
sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the
use of Code 40 or other time off not appropriately
scheduled in advance will disqualify an employee
from eligibility for payment under this Section.
There will be an exception to this MOU prov is ion
for employees covered hereunder who work a
compressed work schedule. Employees assigned to
work a compressed work schedule will be allowed to
use Code 40 or other paid leave time, incl uding
vacation leave, compensatory time, floating holiday
hours or personal leave day hours, to supplement
the eight (3) hours of paid sick leave in order to
receive a full day's pay for a sick day. The use
of Code 40-or other paid leave time in this manner
by an employee assigned to a compressed work
schedule will not disqualify the employee from
- 24 -
3.09
being eligible for the sick leave buy back.
Sick leave for which payoff is received shall be
considered "used" in that it will not be added to
the "bank" (or if added to the "bank" prior to the
payoff date shall be removed from the "bank").
B. Program II - The employee has no option for pay for
unused sick leave and "banks" unused sick leave
with no limit or maximum accumUlation.
Long Term Disability Insurance
As of January 1, 1993, the City agrees to maintain a
long term disability insurance plan for permanent
employees covered hereunder at no cost to the employee.
The long term disability insurance benefits will be
equal to 60% of either the employee's base salary or
$6,667.00 per month, whichever amount is less, reduced
by the employee's income from other sources.
- 25 -
ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered herein shall receive paid holidays as
hereinafter provided:
New Year's Day {January 1)
Martin Luther King's Birthday (Third Monday in
January)
Lincoln's B~rthday (February 12)
washington's Birthday (Third-Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
The Friday following Thanksgiving
The half day immediatelY before Christmas Day
Christmas Day
The half day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by City Council
A paid holiday shall mean eight (8) hours at the
employee's straight-time base salary rate of pay.
A floating holiday becomes available at the beginning of
each fiscal year and must be taken before the end of
that fiscal year. A floating holiday not taken by the
end of the fiscal year shall be paid to the employee. A
float~ng holiday not taken by the end of the fiscal year
shall be pald to the employee on the final paycheck at
fiscal year end.
Employees in departments or divisions currently
observing different holiday schedules shall, in lieu of
the holidays listed above, receive holidays enjoyed by
other operating employees in that particular department
or d~vision, provided however that the same number of
holidays (12) shall be observed.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if it
falls on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon the first, second or third day off of any employee
who has three (3) consecutive days off, the day
preceding shall be deemed the holiday if it falls on the
first day off, and the day following the third day off
- 26 -
~.02
shall be deemed the holiday if it falls on the second or
third day off in lieu of the day listed.
Whenever any day listed herein as a paid
upon any day off of an employee who does
(2) consecutive days off, the following
deemed the holiday for such employee.
In the event that a holiday falls on a regularly
scheduled work day for which the work hours exceed eight
(8) hours (the amount- of paid holiday time provided by
this Agreement), the employee wil~ have the opt~on of
working, at straight-time, the number of hour(s) needed
to supplement the eight (8) hours of holiday pay so that
the employee will receive pay for the total number of
regularly scheduled hours for that day. The extra time
worked by the employee shall be worked during the work
week in which the holiday falls.
holiday falls
not have two
day shall be
Whenever any day listed herein as a paid holiday falls
upon any day other than Saturday or Sunday when a City
facility (including department, division or work unit)
is already scheduled to be closed to the public because
of the adoption of a compressed work schedule, employees
who work at said City facility will receive a floating
holiday in lieu of the day listed as the paid holiday.
This floating holiday cannot be accrued and carried over
to the next fiscal year, and the floating holiday cannot
be cashed out at the end of the fiscal year. This
floating holiday must be taken by the end of the fiscal
year in which it is granted to the employee or be
forfeited.
Time worked on an authorized paid holiday shall be
compensated for at the hourly rate equivalent of the
monthly salary for the time worked up to and including
the number of hours the employee normally works on any
work or duty day. Such time worked in excess of the
hours of the employee's normal work or duty day, except
part-time permanent employees, shall be compensated at
one and one-half times the hourly rate equivalent of the
monthly salary.
Vacation Leave
Each employee covered herein shall accrue vacation leave
with pay on the following basis, provided that permanent
part-time employees shall accrue vacation in that
proport~on as the number of hours budgeted for that
position bears to the full-time work week:
A. Following completion of the first six (6) calendar
months of continuous service, six (6) working days.
- 27 -
4.03
B. Thereafter, up to and including five (5) completed
years of service, one (1) working day for each
completed calendar month of service.
C. Thereafter, up to and including ten (10) completed
years of service, one and one-quarter (1.25)
working days for each completed month of service.
D.
Thereafterj- up
completed years
working days~for
service.
to and including fifteen (15)
of service, 'one and one-half (l.S)
_each completed calendar month of
E.
Upon completion
and thereafter,
working days for
service.
of fifteen ~(15) years of service
one and three-quarter (1.75)
each completed_calendar month of
F. The administration or application of vacation leave
provisions and the limitations on the accumulation,
proportionate accumulation, scheduling and payment
for such leave shall be as prescribed in the Civil
Service provisions of the Santa Monica Municipal
Code.
sick Leave
A. The use of sick leave shall be defined as in
Section 21041 of the Santa Monica Municipal Code,
hereby incorporated as if set forth in full herein,
except as follows:
Sick leave shall be defined as ahsencefrom~uty
because of the employee's illness or off-the-job
injury, exposure of the employee to contagious
disease as evidenced by certification from an
accepted medical authority, medical or dental
appointments of the employee or the employee's
dependent children which could not be scheduled
during non-work hours, with proper advance
notification to the Department Head, or illness or
injury of any member of the employee's household.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that
permanent part-ti~e employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the position bears to the full-time
work week:
(1) Following the completion of the first six (6)
calendar months of continuous service, six (6)
working days.
- 28 -
4.04
Thereafter, one (1) working day for each
completed calendar month of service.
c. The foregoing benefits are cumulative subject to
the following restrictions:
(2)
(1) No more than one hundred thirty (130) working
days may be applied against sick leave for any
one (1) illness.
(2) Accrual of sick leave shall be limited to one
hundred thirty (130) working days, unless the
employee has selected Program II as described
in Subsection B of Section 3.08 of this
Agreement, except that no employee who has
currently accrued a "bank" of sick leave in
excess of one hundred thirty (130) working
days shall be subject to this limit unless or
until that "bank" drops below one hundred
thirty (130) working days.
D. Any employee who is absent because of sickness or
other physical disability shall notify his/her
Department Head or other immediate superior officer
as soon as possible but in any event in accordance
w~th department rules and regulations.
E. In the event that a sick day falls on a regularly
scheduled work day for which the work hours exceed
eight (8) hours, the employee will have the option
of working, at straight-time, the number of hour(s)
needed to supplement the eight (8) hours of sick
leave pay so that the employee will receive pay for
the total number of regularly scheduled hours for
that day. The extra time worked by the employee
shall be worked dur~ng the work week in which the
sick day falls.
Leave of Absence Without Pay
An employee covered herein may be granted a leave of
absence without pay upon application approved by the
Department Head and the city Manager. Sick leave may
not exceed one (l) year's time. Upon expiration of the
leave, the employee shall be reinstated to the position
held before the leave was granted. Such leave shall be
granted only in those cases where an employee's record
of service and qualifications make it desirable for the
city to reta~n his/her services even at the cost of some
inconvenience to the city.
- 29 -
~.05
4.06
4.07
4.08
Military Leave
The City will observe the military leave requirements of
State and Federal law.
workers' compensation Leave
Any employee covered herein who is receiving disability
payments under the "Workers! compensation Act of
California" (for on-the-job injuries sustained while
engaged in the per~ormance of the duties of any such
position) shall receive_from the city during the first
sixty (60) days of such disability absence, payments in
an amount equal to the difference between the disability
payments received under the workers' Compensation Act
and the employee's full salary. Such payments by the
City shall be made without any deduction from accrued
sick leave benefits. The-city's obligation to make such
payments shall not commence until the third day of such
disability absence.
Jury Duty
Any employee covered herein, when duly called to serve
on any jury shall receive the regular base compensation
less all jury fees received excluding mileage for the
time required to be spent under the jurisdiction of the
court provided that an individual employee will be so
paid for jury service no more than once every three (3)
years and shall make every effort to cooperate with any
request by the Department Head to request a delay in
jury service to accommodate important department work in
progress. Each employee receiving a notice to report
for Jury service shall immediately notify his/her
irnmed~ate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Proof of jury service may be required before
compensat~on is made under this section.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate
family, meaning spouse, child, brother, sister, parent,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, grandparent or grandchild.
In addition, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
- 30 -
4.09
duty due to the deatn of any member of the employee's
household.
Personal Leave Days
Two (2) days of leave each fiscal year may be used for
personal matters. This leave shall be charged against
accrued sick leave. This leave shall be granted in
units of not less than two (2) hours, and only if
accrued sick leave is available. This leave shall not
be accruable from year to year if not used in any given
year.
In addition, two (2) days of leave each fiscal year may
be used for personal matters, with said leave not to be
charged against accrued sick leave. This leave shall be
granted in units of not less than one-half (1/2) of the
number of hours that would constitute the employee's
regularly scheduled work day. For example, if the
employee's regularly scheduled work day is eight (8)
hours in length, said leave shall be granted in units of
not less than four (4) hours. Scheduling of days off
shall be done with prior approval of the employee's
supervisor, providing that request for time off shall
not be unreasonably denied. Denials of time-off shall
be in writing and shall state the reason(s) for the
denial and shall propose alternate 4ates Lor the time
off that has been requested. The employee may agree to
the proposed alternate date(s) or make a request for a
different day off. The employee shall not unreasonably
refuse to agree to proposed alternate daters). The
employee shall have the right to challenge the denial of
time off through the Grievance Procedure. Unused
personal leave days that are not charged to sick leave
shall not be accruable from year to year if not used in
any given year, nor shall the employee be compensated
for unused days at the end of the fiscal year unless the
supervisor and the employee could not agree upon the
SCheduling of said leave days during that fiscal year.
If an employee has been unable to use said personal
leave days as a result of leave being denied by the
employee's supervisor, the Department Head shall certify
same by letter accompanying the final timecard of the
fiscal year, and the employee shall be paid the straight
time value of the unused personal leave time at the
employee's base rate.
A paid personal leave day shall mean eight (8) hours at
the employee's straight-time base salary rate of pay.
Employees covered hereunder who are on a compressed work
schedule will be allowed to use personal leave days in
units of less than two (2) hours or less than four (4)
hours for the purpose of supplementing eight (8) hours
of paid vacation, eight (8) hours of holiday or eight
- 31 -
4.10
(8) hours of sick leave in order to receive a full day's
pay.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
entitled to a leave ~f absence totaling four (4) months
immediatelY following the child's birth or adoption and
shall be returned to the same line-item position
occupied prior to the leave upon its expiration. Paid
vacation leave and sick Leave, if applicablsl as well as
unpaid leave shalL be counted toward the four (4) month
total. Additional ~eave may be requested under the
provisions of Section 4.04 of this MOU~
Maternity leave is not the same as parental leave and
shall be administered in -accordance with State and
Federal law. When an employee returns to work following
maternity leave, said employee shall be reinstated to
her former position.
- 32 -
ARTICLE V: WORKING CONDITIONS
5.01
Safety
The City shall make every reasonable effort to provide
and maintain a safe place of employment. The city shall
provide and maintain all equipment required by
applicable safety laws and regulations and shall comply
with all other applicable health and safety laws and
regulations. Employees shall report unsafe practices,
equipment or conditions to their supervisors. The use
of safety devices and protective equipment provided by
the City shall be mandatory.
An employee who is directed to perform a task which the
employee has good reason to believe is unsafe may
request an immediate review by his/her Department Head
and the Personnel Director who shall consult with the
city Building Officer, Fire Marshal, County health
officials, or state health officials as appropriate.
During the period of review and/or investigation the
employee shall not be required to perform the task
complained of, shall not suffer loss of payor benefits,
and shall be assigned other appropriate duties, if
possible.
If the task complained
appropriate official, the
the work as instructed.
of is deemed
e~ployee shall
safe by the
then perform
The City shall continue to consult with a committee of
video display terminal users, at least one (1) of whom
shall be an MEA representative, regarding work
environment and other concerns of individuals who spend
half or more of their work week using VDT's.
5.02 Effect of Job Performance on Salary
A. The parties hereto agree that one purpose of a
performance evaluation is to record and place in
perspective accomplishments and deficiencies in an
employee's performance which have previously been
discussed by the employee and supervisor during the
period of time covered by evaluation. In addition,
the performance evaluation is an opportunity for
the employee and supervisor to set and discuss
goals and object~ves for the next evaluation
period, both in regard to the employee's job
performance and in regard to his/her career
development within the City. To that end, MEA and
the City have developed the Performance Evaluation
form attached hereto as Exhibit B, consisting of a
pre-interview worksheet and a performance rating
form.
- 33 -
5.03
5.04
B. The city Manager, in exceptional cases, based upon
specific appraisal of the importance and difflculty
of the work and the experience and ability of the
person to be employed, or of the incumbent, may
authorize an entrance salary step higher than the
minimum, and special step increases in the salary
schedule for the class and length of service of the
incumbent. In no event, however, shall the rate
exceed the maximum rate for that class.
C. Notwithstanding any provisions contained herein,
there will be no increase ~n wages of any kind as a
result of a NOT ACCEPTABLE rating on the employee's
prescribed periodic performance rating. There will
be no subsequent increases in wages until the NOT
ACCEPTABLE rating has been improved to at least the
SATISFACTORY level. If overall performance is
rated NOT ACCEPTABLE an employee may be dismissed
from service, and if two (2) consecutive
performance ratings are marked NOT ACCEPTABLE, the
employee shall be dismissed by the appointing
authority for inefficiency (SMMC Section 2104Al).
Any overall rating in the BELOW SATISFACTORY
category may delay the next scheduled salary
increase at the discretion of the appointing
authority. Such action shall remain in effect
until the rating has been improved to at least a
SATISFACTORY level.
Effect of Reassignment/Recertification on Bonus/Skill
Pays
When a "bonus,1I "skill," or additional pay referenced in
sections 2.04, 2.06, 2.07 or 2.08 is the result of
assignment to specified duties or hours, or of
maintenance of a registration, certificate or other
credential, the loss of the bonus, skill, or additional
pay due to the end of the assignment or failure to
maintain the required registration, certificate or
credential shall not constitute a demotion, pursuant to
section 2105E of the Municipal Code.
Employee parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this Agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management
District (AQMD) and the City'S Transportation Management
Plan Ordinance. If the use of positive incentives does
not result in the City meeting the compliance
requirements of AQMD's Regulation XV or the City's
Transportation Management Plan Ordinance within one (1)
- 34 -
5.05
year of the effective date of this Agreement, it is
understood that the city can implement a charge for
employee parking in an effort to meet those
requirements. In addition, if it should become
necessary to charge for parking during the term of this
Agreement in order to comply with any other state or
Federal requirement regarding transportation management,
the City can implement said charge. However, in no
event shall the city implement such a charge for parking
without meeting and conferring with MEA should any
employee(s) represented by MEA be subject to such a
charge.
Personnel Files
The City shall maintain one and only one official
personnel file for each employee covered herein. Said
file shall be kept in the City's Personnel Department.
All personnel actions shall be based solely on the
contents of the official personnel file except that
there shall be no requirement that employee counseling
documentation be included in said file until such time
as other personnel actions relying upon the employee
counseling documentation is taken, providing that the
employee has received a copy of said employee counseling
documentation. However, this does not preclude an
appointing authority from taking disciplinary action for
an incident for which there is no prior documentation as
long as the disciplinary action is warranted and is
based on just cause. progressive discipline will be
followed with the disciplinary action taken being
dependent upon the severity of the incident on which the
disciplinary action is based.
An employee covered herein shall be entitled to review
the content of his/her city or departmental personnel
file at reasonable intervals provided that the employee
schedules an appointment, at least twenty-four (24)
hours in advance, during the regular business hours of
the office in which the files are maintained.
No material shall be placed in an employeefs
departmental personnel file without having been
the employee. An employee may prepare a
response to any such material and such response
filed with the original material.
City or
shown to
written
shall be
Materials placed in the official personnel file shall be
placed within said file within thirty (30) days. If an
employee believes that material contained in his/her
personnel file was not timely and/or is not accurate,
he/she may petition the Personnel Director, in writing,
to remove the material in question from the file. The
Personnel Director shall respond, in writing, within
fifteen (15) working days. Both the employee's request
- 35 -
5.06
5.07
and the Personnel Director's answer shall contain a
statement of reasons. If the Personnel Director so
determines, the material in question shall be removed
from the employee's personnel file. If it is the
Personnel Oirector's determination that the material
remain in the personnel file, the employee may place a
written statement regarding said material in the
personnel file.
Reprimands and warnings which become part of an
employee's official personnel file may be referenced in
the employee's next performance evaluation.
Job Sharing
The City of Santa Monica endorses the concept of job
sharing to encourage the participation of half-time
workers in the city. Department officials shall make
reasonable effort to accommodate an employee's request
to job share. Upon receipt of a request, the Department
may assign the employee to a half-time schedule, if
practicable, pending identification of a qualified
individual willing to occupy the remaining half-time
position.
Nothing in this provision shall require a Department to
maintain a job-share in a situation where a full-time
position is bUdgeted --and, after two (2) months of
reasonable effort to recruit an individual to occupy the
other half-time position, such efforts are unsuccessful.
An incumbent of a jOb-share may return to a full-time
schedule when the other half-time position becomes
vacant or by application for and acceptance as a
transfer to a vacant full-time position.
An employee who is denied a job-share is entitled to
receive the reasons for denial.
Work Schedules
Except in case of an emergency, an employee shall be
provided with fifteen (15) days advance notice or a
change in his/her regularly scheduled work hours. Such
a schedule change shall first be offered to qualified
volunteers.
In the case where the City contemplates creating a new
work schedule for a given classification that was not in
existence prior to July 1, 1989, the city agrees to
refer that matter to a joint labor-management committee,
comprised of equal representative of MEA and the City,
selected respectively by MEA and the City. The number
of representatives selected by MEA shall not exceed the
- 36 -
number of representatives that MEA is entitled to have
under Ordinance No. 801 (CCS).
The committee shall then meet and confer on the manner
in which a proposed new work schedule would be
implemented. The meet and confer process shall occur
during the forty-five (45) day time period following
notification to MEA by the City of its intent to
implement a new work schedule for a given
classification. In the case of an emergency, the meet
and confer process shall not apply when a new work
schedule is to be implemented. At the conclusion of the
forty-five (45) day meet and confer process, the f~fteen
(15) day notification period required by this Section
shall still apply.
Nothing in this section shall preclude the City from
implementing a new work schedule should the meet and
confer process not result in an agreement by the parties
by the end of the forty-five (45) day meet and confer
period.
The transfer of an employee from one work schedule to a
work schedule that alreauy existed as of July 1/ 1989
for that employee's classification shall not be subject
to the meet and confer process.
In those cases where a permanent employee desires to
modify her/his work schedule to accommodate specific
work schedule needs of the employee (e. g. I dependent
care arrangements) that do not fall within the normal
work schedule established for the employee's position,
the employee shall submit a request for a work schedule
modification to her/his Department Head. As long as the
operation needs of the Department and the City will
still be met, upon approval of the Department Head, 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 with the
employee's modified work schedule / the employee shall
receive at least thirty (30) days' notice that her/his
modified work schedule can no longer be continued. In
the event that the employee cannot change her/his
outside scheduling needs to fit within the regular work
schedule established for her/his position, the City will
make every reasonable effort to place said employee in
another like posit1on where the employee's specific
scheduling needs can be accommodated. While nothing in
this Section requires that the employee's modified work
schedule be granted or that the employee be transferred
to a like position to meet the employee's outside
schedul ing needs, requests shall not be unr~asonably
denied.
If an employee's request for a modified work schedule is
denied and if the employee does not agree with the
- 37 -
5.08
5.09
5.10
decision that has been reached, the employee can grieve
such decision under Subsection D of Section 6.07
(Grievance and Complaint procedure) of this Agreement.
Failure to successfully transfer an employee under th1S
section will not be grievable.
Energy Conservation
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month,_ will be provided to any
employee covered herein who_submits, on the City mileage
reimbursement form, a record of his/her trips (home to
worksite- or worksite to home} durin~ the preceding
month. The santa~onica Municipal Bus Line Route NUmber
and the Bus Number~used for each trip must be entered on
a mileage reimbursement form.
Any employee who has not been issued a City parking
pass, or who voluntari1y~rns in his/her-parking pass
to the Personnel Department and does not drive to work
for a period of not less than one (1) month shall be
eligible to receive two (2) tokens for each working day
in the month under the terms described above.
It is understood and agreed ~y the parties hereto that
such tokens are for the exclusive use of the employee
and his/her family or friends and are not to be resold.
Clerical Classification Revision
Employees who chose to retain classification titles and
pay rates in effect prior to the 1983 clerical
reclassification shall continue to be entitled to
receive any and all regular step increases, merit
increases, cost-oi-living increases and benefits
negotiated by the City and MEA and to retain their
classif1cation titles until they leave City service or
promote within the city. In the event of a layoff and
subsequent reemployment, such employees may again
exercise their right to elect either the classification
they retained or the new classification.
Layoffs
provisions of the Santa Monica Municipal Code governing
layoff or abolition of a permanent position are hereby
incorporated in this Agreement by reference.
MEA will be provided with thirty (30) days' notice of
the layoff of permanent MEA employee(s) or of the
abolition of position(s) held by permanent MEA
employee(s) .
- 38 -
5.11
Promotion
If, upon promotion, an employee represented herein fails
to satisfactorily complete his/her probationary per~od
in the position to which he/she has been promoted,
he/she shall have the right to return to his/her former
position, if vacant, or to a comparable position in the
same job classification if a vacancy exists. If no
vacancy exists, the employee will have any reappointment
rights to his/her former position as provided by the
Santa Monica Municipal Code (Section 2103J).
- 39 -
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
6.03
Payroll Deduction
It is mutually understood and agreed that the city will,
subject to the provisions of Ordinance No. 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization Recognized Employee Organization
dues, credit union investments or payments, ~ealth and
hospitalization insurance premiums, and life and
accident insurance premiums. Any or all such payroll
deductions are subject to termination by the city
Manager upon twenty-four (24) hours notice for failure
by MEA to comply with the provisions of this MOU.
Reasonable Notice
Reasonable written notice as defined in section 3504.5
California Government Code shall be given on all matters
requirlng such notice under sald section.
Association Security
A. Agency Shop
At such time as MEA demonstrates that it has seventy
(70) percent membership (based on the number of dues
paying members in comparison to the number of filled
MEA positions), the ci ty agrees to grant MEA an
Agency Shop provision. At such time as the Agency
Shop provision becomes effective, this Agreement
shall be amended to contain the provisions in
Exhibit c, and Exhibit C shall be in effect in lieu
of paragraph B below.
B. Maintenance of Membership
Employee payroll deduction authorizations for
the Municipal Employees Association dues shall be
voluntary on the part of the employee, but shall not
be subject to unilateral cancellation by the
employee during the term of this Agreement.
Employee members of the MEA who are members of MEA
ten (10) calendar days after ratification by the
ci ty Council and employees who thereafter become
members of MEA shall remain as members of MEA for
the term of this Agreement.
- 40 -
6.04
6.05
6.06
C. Association Lists
Within thirty (30) days after the date of this
Agreement and thereafter on request, the City of
Santa Monica shall give to the MEA one (l) copy of
a list of employees together with their most
current addresses as they appear on the records of
the Ci ty of Santa Monica. The MEA shall
retain such information in confidence and disclose
it only to those officials of the MEA whose duties
require them to have such information.
D. Hold Harmless Clause
MEA agrees to indemnify, hold harmless, and
defend the City at MEA expense against any claims,
losses or judgments rendered against the City
from any law suit filed by an employee or
group of employees by reason of the operation of
this provision.
Time Off for Association Business
Authorized Association representatives shall be allowed
to utilize a total of eighty (80) hours of time off with
pay during each calendar year to conduct necessary
Association business.
These eighty (SO) hours per annum represent the
aggregate maximum use for all authorized representatives
of the Association per annum, as opposed to eighty (80)
hours per representative per annum. Prior to such
usage, authorized Association representatives must
receive prior permission from the appointing authority,
or designee, in writing. All such time off shall be
reported by said Association representative to the
Personnel Director for accounting purposes.
Notification of New Hires
It is hereby agreed that the Personnel Department shall
provide the officers of MEA with the name of each
permanent employee whose job title entitles him/her to
MEA representation as soon as is practicable after hire
or transfer.
Child Care
An MEA representative shall participate as a committee
member in any City investigation or any cooperative
effort between the City and other public or private
- 41 -
6.07
agencies to study or establish child care programs for
employees.
Grievance and Complaint Procedure
A. Grievances and appeals of non-probationary
employees covered herein which involve removals,
demotions or suspensions shall be subject to the
procedures outlined in section 2106B et.seg. of the
Santa Monica Municipal Code, which shall constitute
the sole administrative recourse available under
the terms of this MOU.
B. An employee covered herein who believes that the
prescribed evaluation procedures have not been
followed or that the evaluation does not correspond
to the facts, should make a written complaint to
his/her supervisor within ten (10) days of
receiving the performance evaluation. If no
satisfactory response is received within five (5)
working days of filing the complaint, the employee
should immediately Iorward the complaint to his/her
Department Head. IT .- no satisf4ctory - response is
received within ten (In) working days, the employee
should immediately forward -the complaint to the
City Manager. The City Manager will appoint a five
(5) member board of review composed of City
employees. The Personnel Director will serve as
non-voting member and secretary of the board.
Within fifteen (15) working days of the filing of
the complaint with the City Manager, the board of
review shall meet with the employee and the rater
and, within twenty (20) days of those meetings,
shall forward their findings and recommendations to
the City Manager~ whose decision shall be final.
The decision of the City Manager shall be mailed to
the employee within ten (10) working days of
receipt of the board's recommendation.
If exercise of this procedure results in no change
in a NOT ACCEPTABLE or BELOW SATISFACTORY rating,
and, as a result, an employee's regularly scheduled
step-increase is denied, the provisions of section
A, above, governing demotions shall apply.
The foregoing shall
administrative recourse
of this MOU.
constitute
available under
the sole
the terms
C. All other grievances shall be resolved in the
following manner:
- 42 -
(l) Informal Discussion
The aggrieved employee(s} is encouraged to
meet with the immediate supervisor to discuss
the problem in an effort to clarify the
problem and to work cooperatively towards
settlement.
(2) First Step
If the matter cannot be satisfactorily
resolved within thirty (30) days of the event
giving rise to the grievance (or in the event
that the employee could not have known of the
event giving rise to the grievance, within
thirty (30) days of learning of the event] the
employee shall submit the grievance in
writing, stating the nature of the grievance
and the desired solution to the second level
supervisor, if any.
The second level supervisor shall meet with
the grievant and the grievant's
representatives, if any, no later than the
grievant's fifth regularly scheduled work day
following presentation of the grievance.
Within five (S) working days following such
meeting, the supervisor shall give a written
decision to the grievant. If the second level
supervisor does not have the authority to
resolve the grievance, it shall immediately be
forwarded to the Department Head or the
appropriate authority.
(3) Second Step
If the grievance is not resolved at the first
step, the grievance may be referred within ten
(10) days to the Department Head, who shall
meet with the employee and the representative
in an attempt to resolve the grievance within
the grievant's fifth regularly scheduled work
day following the forwarding of the grievance.
Within five (5) working days following such
meeting, the Department Head shall give a
written decision to the grievant.
(4) Third step
If the grievance is not resolved at the second
step, the grievance may be forwarded within
ten (10) days to the Personnel Director, who
shall meet with the employee and the
representative within five (5) working days
following receipt of the grievance, make such
- 43 -
1nvestigation as required, and make
recommendatlons to the city Manager no more
than ten (10) working days following such
meet~ng. Within five (5) working days
thereafter, the City Manager shall render a
written decision, which shall be final.
D. If the grievance alleges a Eisinterpretation of a
specific and germane section of this Memorandum of
Understanding, MEA~Eay request, following step two
of the grievance procedure described in Subsection
C, above, that the city meet and confer in an
effort to resolve ~the dispute. If the dispute
remains unresolved.after three {3) meetings or ten
(10) working days,_ whichever occurs first, a
grievance -board- shall _ be . convened. said board
shall be comprised of one_ (1) representative of
MEA, one (1) representative of the city and a third
who shall be a member of a-panel provided by the
state Conciliation Service. The board shall
schedule a hearing as soon as practicable and shall
issue a written decision within ten (10) working
days of the conclusion of the hearing. In the
event that the board rails to reach a unanimous
decision, the vote.of the panelist from the State
Conciliation Service shall be tie breaking. The
decision of the board shall be binding.
E. General provisions
(1) All time periods in this Section may be
extended by mutual written agreement of the
employee or representative, and the management
representative involved.
(2) If a management representative does not meet
with the grievant nor render a decision within
the time-limits specified, the employee may
immediately exercise the next step in the
grievance process.
(3) An employee who has initiated a grievance, or
assisted another employee in initiating and/
or processing a grievance, or who has
testified at any hearing shall not in any way
be coerced~ hindered, intimidated, or
discri~inated against for exercising this
right.
(4) For purposes of this Section, "days" shall
mean regular~y scheduled work days of the
affected employee(s) unless otherwise
specified.
- 44 -
6.08
6.09
F. Representat~on
(1)
Employees shall have the right to represent
themselves individually in grievance matters,
or to be represented by MEA.
MEA shall notify the Personnel Director, in
writing, of its designated employee grievance
representatives and shall provide
notifications of any change in such
representatives. At the Informal step and
step 1 MEA representatives may represent the
grievant. At Step 2 and 3 and at any
Personnel Board or Grievance Board hearing,
MEA may also designate an outside
representative to represent the grievant or
MEA.
(2)
(3)
Reasonable time off without loss of payor
benefits shall be given to a grievant or MEA
employee grievance representative to
investigate and/or process grievances, and to
witnesses in any grievance meeting or hearing
held during work hours.
Before performing grievance work, MEA
representatives, the grievant or witnesses
shall obtain permission from the immediate
supervisor and when the grievance work is
completed. Neither the grievant nor the
representative nor witnesses shall interrupt
or leave work if the supervisor determines
that such interruptions or absence will unduly
interfere with the work of the employee.
However, if the supervisor denies such time
off, time off must be granted within
twenty-four (24) hours of such request.
Right to Association Representation
Employees covered herein shall have the right to MEA
representation at any meeting with representative(s) of
the City which, in the employee's opinion, may result in
disciplinary action.
Disciplinary Action
Permanent employees covered herein shall be subject to
discipline only for just cause.
- 45 -
IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed this date:
1992.
MEA Bargaining Committee:
city of Santa Monica
Diane Jett
_ John Jalili, City Manager
Lauralee Staats
Claudia Brick
Stan Hernacki
Rene' 'Talbott
- APPROVED AS TO FROM:
LAWRENCE
City Attorney
- 46 -
MEA CLASSIFICATIONS
ADMINISTRATIVE STAFF ASSISTANT
ANIMAL CONTROL OFFICER
AUDITORIUM BOX OFFICE COORDINATOR
BUILDING INSPECTOR
BUYER
CASHIER CLERK
CEMETERY BUSINESS ASSISTANT
CHIEF OF SURVEY PARTY
CIVIL ENGINEERING DRAFTING
TECHNICIAN
COMMUNICATIONS OPERATOR I
COMMUNICATIONS OPERATOR II
COMMUNITY SERVICES OFFICER I
COMMUNITY SERVICES OFFICER II
COMPUTER OPERATOR
EMPLOYEE BENEFITS TECHNICIAN
EMPLOYEE BENEFITS SPECIALIST
ENGINEERING AIDE
ENVIRONMENTAL PROGRAMS TECHNICIAN
FIELD INSPECTOR I
FIELD INSPECTOR II
FINGERPRINT CLERK
FIREFIGHTER TRAINEE
FIRE SAFETY SPECIALIST
FISCAL STAFF ASSISTANT I
FISCAL STAFF ASSISTANT II
FISCAL STAFF ASSISTANT III
HOUSING SPECIALIST
IDENTIFICATION TECHNICIAN
JAILER
LICENSE INSPECTOR
MAIL COURIER I
MAIL COURIER II
MAINTENANCE PROJECTS ASSISTANT
MESSENGER CLERK
PARKING CHECKER
PAYROLL TECHNICIAN
PERMIT SPECIALIST
PERSONNEL TECHNICIAN
PLANNING TECHNICIAN
POLICE OFFICER TRAINNE
POLICE PROPERTY EVIDENCE CLERK
POLICE RANGE/SUPPLY SPECIALIST
- 47 -
EXHIBIT A
PUBLIC WORKS INSPECTOR
RECORDS MANAGEMENT
COORDINATOR
RECREATION CENTER DIRECTOR
REFUSE ACCOUNT INSPECTOR
REPROGRAPHICS SPECIALIST I
REPROGRAPHICS SPECIALIST II
SENIOR BUILDING AND HOUSING
INSPECTOR
SENIOR ELECTRICAL INSPECTOR
SENIOR PLUMBING/MECHANICAL
INSPECTOR
SENIOR PUBLIC WORKS
INSPECTOR
SENIOR SERVICES OUTREACH
COORDINATOR
SENIOR SURVEY TECHNICIAN
SOLID WASTE BUSINESS
ASSISTANT
STAFF ASSISTANT r
STAFF ASSISTANT II
STAFF ASSISTANT III
STAFF ASSISTANT IV
STREET INSPECTOR
SURVEY TECHNICIAN
TECHNICAL STAFF ASSISTANT
TRAFFIC ENGINEERING
TECHNICIAN
TRANSCRIBER TYPIST
TRANSCRIBER TYPIST TRAINEE
TRANSPORTATION MANAGEMENT
SPECIALIST
TRANSPORTATION PROGRAM
SPECIALIST
UNDERGROUND UTILITIY
LOCATOR
UTILITY BILLING COORDINATOR
UTILITY BILLING SPECIALIST
VIDEO TRAINING PROGRAM
COORDINATOR
WAREHOUSE WORKER
WATER PRODUCTION & TREATMENT
PLANT OPERATOR
WATER PRODUCTION & TREATMENT
PLANT OPERATOR TRAINEE
ZONING INSPECTOR
EXHIBIT C
AGENCY SHOP
At such time as MEA demonstrates that they have a 70% membership
(based on the number of dues paying members in comparison to the
number of all filled MEA positions), the City agrees to grant MEA
an Agency Shop provision, except that such provision shall not
become effective earlier than the first of the month following a
thirty (30) day period subsequent to ratification of this MOD by
both parties. Said Agency Shop provision shall be subject to the
following terms and conditions:
(1)
An employee working in a classification covered by this MOD
shall, within thirty (30) calendar days after the effective
date of the granting of an Agency Shop provision and, in the
case of a newly hired employee, within thirty (30) calendar
days of his/her employment, execute a payroll deduction
authorization form as furnished by MEA, and thereby either 1)
become and remain a member in good standing in MEA; or 2) pay
to MEA a monthly service representation fee in an amount not
to exceed the standard initiation fee, periodic dues and
general assessments of MEA during the term of this MOO.
(2)
In the case of an employee who certifies he/she is a member
of a bona fide religion, body or sect which has historically
held conscientious objections to joining or financially
supporting public employee organizations, such employee shall
execute a payroll deduction authorization from as furnished
by MEA, and thereby pay sums equal to the monthly service
representation fee to a non-religious, non-labor charitable
fund, chosen by the employee from a list of at least three
such funds which are exempt from taxation under Section
501 ( C) (3) of the Internal Revenue Code. The 1 ist of funds
shall be provided by the City, and shall be made up of funds
for which the City offers payroll deductions.
(3)
The City and MEA shall jointly notify all members of this
unit that they are required to pay dues or a service
representation fee as a condition of this section and that
such amounts shall be automatically deducted from their
paychecks. The religious exemption and the employees' rights
under Government Code Section 3502.5 (Meyers-Milias-Brown
Act, as amended) shall also be explained. The cost of this
communication and the responsibility for its distribution
shall be borne by MEA.
(4)
It is agreed that the city assumes no obligations to, in any
manner, enforce the provisions of the above paragraphs beyond
implementing any valid payroll deduction authorizations
submitted by unit employees authorizing the deduction of
service fees or other authorized payments to MEA, or amounts
in lieu of service fees to specified authorized charities.
Enforcement of the payments that unit employees are obligated
to make under the above paragraphs shall be within the
- 49 -
discretion and the sole responsibility of MEA by way of civil
court action against such allegedly non-complying unit
employee.
(5) MEA shall, within sixty (60) days after the end of its fiscal
year in which the Agency Shop prov~s~on was operative,
provide the City with detailed financial documentation, which
shall meet the requirements of Government code, Section
3502.5(d) .
(6) It is recognized that MEA, as the exclusive representative of
all unit employees, is required to represent all unit
employees fairly and equally without regard to union
membership or non-membership or their assertion of r~ghts
under this mOD or the law.
(7) Upon request by MEA, the City shall furnish MEA with the
and date of hire of all newly hired employees subject to
MOU, along with verification of transmittals to
charitable organizations.
name
this
any
- 50 -
RESOLUTION NO. 8483(CCS}
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the City adm1nistration and representatives of
the Municipal Employees Assoc1ation have met and conferred under
the terms of Ord1nance 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
C1ty of Santa monica requires preparat10n of a written Memorandum
of Understanding between the administration and employees 1f 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
blnd:lng unless and unt~l presented to the governlng body for
determ1nation; and
WHEREAS, the purpose of the Memorandum of Understanding
lS to promote and provide harmonious relations, cooperat1on, and
understand1ng between the City and the Mun:lcipal Employees
Association;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
Sect10n 1. The city council of the city of Santa Monica
does hereby approve and authorize the city Manager to execute the
Memorandum of Understanding executed by the Munic1pal Employees
Association, a copy of which is attached hereto.
Sectlon 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:
City Attorney
(KB. "rnea19")
Adopted and approved thlS 29th day of September, 1992.
I hereby certify that the foregoing Resolution No. 8483(CCS)
was duly adopted by the City council of the city of Santa Monica
at a meeting thereof held on September 29, 1992 by the following
Council vote:
Ayes: Councilmembers:
Abdo, Genser, Katz, vazquez, Zane
Noes: Councilmembers:
None
Abstain: Counci1members:
None
Absent: Councilmembers:
Holbrook, Olsen
ATTEST:
~~/!A~
Ci ty Clerk 7