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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 ') f\ ~M'i {.,f V t~....'::" -i 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 - 7 - 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. - 8 - 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 - 9 - 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 - 10 - 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