SR-12-A (57)
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I~A
PE:MT A MOU stfrpt 1998-2000.bancroft.pms
CouncIl Meeting March 16, 1999
MAR 1 6 1999
Santa MOnica, California
TO Mayor and City Council
FROM: City Staff
SUBJECT' Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding with the Management Team AssocIates
INTRODUCTION
This report requests that Council adopt the attached Resolution authorizing the City
Manager to execute a Memorandum of Understanding (MOU) with the Management
Team Associates
BACKGROUND
The current Memorandum of Understanding (MOU) with the Management Team
Associates (MT A) expired on June 3D, 1998 As per the terms and conditions of the
expired MOU, negotiations with MT A to replace the expired MOU commenced and
resulted In the attached MOU This new agreement has been ratified by the
membership of MT A.
This agreement prOVides for a cost of liVing Increase for FY98-99 and FY99-QO and
makes some minor economic and non-economic changes.
12A
MAR 1 6 1999
BUDGET IF1NANCIAL IMPACT
Funds are already Included In the budget for FY98-99 to cover any costs associated
wIth this agreement.
RECOMMENDA TION
It IS recommended that Council adopt the attached Resolution authorizing the City
Manager to execute the attached Memorandum of Understanding with the
Management Team Associates.
Prepared By: Karen Bancroft
ir~1T A t1CU 5'fr~. 1938 2000)
f
( CC;dya~ ttt fR?)
RESOLUTION NO. 9375
(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
MANAGEMENT TEAM ASSOCIATES
WHEREAS, the CIty admInIstratIon and representatives of the
Management Team Associates have met and conferred under the terms of Ordinance
No 801 (eeS) and have reached agreement on wages, hours and other terms and
conditions of employment, and
WHEREAS, Section 2.06 of Ordinance No. 801 (eeS) of the City of
Santa MOnica requires preparation of a wntten Memorandum of Understanding
between the administration and employees If an agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No 801 (eeS) further provides
that any such Memorandum of Understanding shall not be bIndIng unless and until
presented to the governing body for determinatIon; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and proVide harmonious relatIons, cooperation, and understanding between
the City and the Management Team AssocIates;
1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS
Section 1 The City Council of the City of Santa Monica does hereby
approve and authorize the City Manager to execute the Memorandum of Understanding
ratified by the Management Team Associates, a copy of which IS attached hereto_
Section 2. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM-
~
ES MOUTRIE
IMT A Resolution 1998 2000'
Adopted and approved this 16th of March, 1999
~l!t\ CO!~
p~m O'Connor, Mayor
I, Marra M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolution 9375 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 16th of March, 1999 by the followIng vote
Ayes Councllmembers
Feinstein, Genser, McKeown, O'Connor,
Rosenstem
Noes Councllmembers
None
Abstain Councilmembers
None
Absent Councllmembers
Holbrook
ATTEST
--
~..~ ~'~c...d
Mana M Stewart, City Clerk
...
()f14r~1Vh~
(/etxJ4f 9 j1~
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF S~~A MONICA, CALIFORNIA
AND
MANAGEMENT TEAM ASSOCIATES
ARTICLE I: GENERAL PROVISIONS
TABLE OF CONTENTS
1.01 Partles to Memorandum........ ........ 3
1 . 02 Purpose.................................. 3
1.03 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.04 City Councll Approval................. ....... 4
1.05 Recognlzed Employee Assoclation Name...... .... 4
1.06 Scope of Representation................ ... .... 4
1.07 Full Understanding, Mod1flcatlon and Waiver... 5
:.08 Management Rlghts Reserved.. ........... ... 5
1.09 Peaceful Performance of C1ty Service... ... ... 6
1.10 Validity of Memorandum of Understanding....... 7
l.11 Captlons for Conven1ence.... ............... ... 7
1.12 Equal Employment and Non-Dlscr1mlnation....... 7
1.13 Def1nlt1ons.............. .......... 8
~ 14 Overpayment Remedy............. . . . . . . . . . . . . . 10
1 15 Payments at Terminat.1on.. ...... . . . . . . . . . . . . 10
~ 16 Compensat1on & Benef1ts :or Part-Time Employees. 11
~ealth Insurance Progyams......
Re':.lrement. .
Tu~t1on Relmburse~ent.
Supplemental Ret1reme~t Plans..
M~leage Relmburse~ent and Energy
Cor..servatlon. . . . . . . . . . . . . . . . . . . . . . . . . .
3 2~ Mental Health InsuraDce..................
Terrr Llfe Insurance... .......
Long Term Dlsablllty Insurance......... . . .
Recognltlon of Exceptional Performance. .
Peyformance Based Increases.. ........
A..:tT:CLE ::::::
2 01
" 02
L.
2 ,,-
~1.5
2 04
2 05
2 06
L. 07
ARTI2LE
'":2 I":. ~
3+G2
3.03
3.D4
-:l 05
.-. ,..,.....
... 1..-,'
3~08
3 Co9
3.1:J
COMPENSATION
Effect1ve Date of Pay Increase......... ... 12
Salarles. . . . . .. ...... ........ . . . . . . . . . 12
OVeytlme . . . . . . . . . 14
Promotlonal Pay Rate ........... .. ..... 14
Reclasslflcatlons... ......................... 14
Y -Ratlng. . . . . . . . . . . . . . . . . . . 15
?ay for Servlng 1~ a Hlgher
Job Classlflcatlon... .. ... ..... ... ... 15
SUPPLEMENTAL BENEFITS
17
18
20
21
22
22
23
23
23
24
1
11
3.11 Slck Leave Buy Back..... ................. .... 25
ARTICLE IV; LEAVES
4.01 Pald Hol1days.. ....... ............. 27
4.02 Vacation Leave... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4.03 Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4.04 Leave of Absence without Pay......... .... .... 30
4.05 Milltary Leave. . . . . . . . . . . . . . . . . . . ., ......... 30
4.06 Workers' Compensatlon Leave.. ............ ..... 31
4.07 Jury Duty. . . . . . . . . . . . _ . _ . . _ . _ . . . . . . . . . _ . . . _ . . . 31
4.08 Bereavement Leave... .... ............... ...... 31
~ 09 Management Incentlve Pay..... .... ....... ..... 32
4.10 Management Leave ........................... 32
4.11 Parental Leave... .. .... ..... .... ........ ..... 33
4.12 Family and Medlcal Leave.. ... .... .... ..... .... 33
4.13 Work/Famlly Issues... . . . .. ................... 33
ARTICLE V: WORKING CONDITIONS
5.01 Safety and Loss Preventlon......... . . . . . ... 34
5 02 Effect of Job Performance on Salary.. .... ..... 34
5 03 Employee Parklng.. .................. ........ 35
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductl.ons.. . . . . . . . . . . . . . . 36
6.02 Reasonable Notice.. .. ...... .... 36
6.03 Grlevance and Complal.nt Polley... ........ ... 36
EXHIBIT A
40
2
If
ARTICLE I' GENERAL ?ROV:SIONS
1.01 Partles to Memorandum
Thls Memorandum of Understanding has been prepared
pursuant to the terms of Ordinance No 801 (CCS) of the
C~ty of Santa Mon~cal wh~ch Ordinance lS hereby
~ncorporated by reference as if fully set forth herelnl
and has been executed by the C~ty Manager on behalf of
management off~clals of the City and by the MANAGEMENT
TEAM ASSOCIATES (MTA) , and on behalf of employees
OccupYlng the line-lterP full-tlrne employment positlon
class~f1catlons set forth lD Exh~bit A whlch is attached
hereto and made a part hereof.
In the event new Job classiflcat~ons are created whlch are
proposed to be added to the MTA unit I the Munlcipal
Employee Relatlons Offlcer wlll notlfy MTA prlor to the
Personnel Board and Clty Councll conslderatlons of the new
classiflcaclons Any classificatlons proposed to be added
to the unlt shall be mutually agreed upon ln wTltlng and
wll1 become effectlve upon execution by the President of
MTA and the Munlclpal Employee Relatlons officer.
As of January II 1992, the followlng positlon
clasSlflcat~ons wlll no longer be represented by MTA. Each
lncumbent ln any or these class~flcatlons who elected, as
of December 311 199:"1 to be "grand parented" lD MTA will
COGtlnue to recelve MTA benefltsl as set forth in thlS
Ag~eement and any subsequent Agreements I as long as hel she
cont~nues to hold tne pOSl tion classlflcation ln question.
Event FaCllltles Operat~ons Supe~vlsor
P~~nc~pal Commuhl~Y Se~Vlces Supervlsor
~ 02
Pu::-pose
The partles agree ~hat the purpose of th~s MOD is' to
pro~ote and provlde harmoDlous relatlons, cooperat1on and
understandlng between the Clty and the employees covered
herelnj to provlde an orderly and equltable means of
:r-esolvlng d:..fferences wh~ch may arlse under thls
memorandum, and to set forth the full agreements of the
par~les reached as a res~lt of meetlng and conferring In
good falth regardlDg matters w~thin the scope of
~epresentat~on for employees represented by MTA.
3
1. 03
1.04
1. 05
1 06
..
Term of Agreement
This Agreement shall be effect~ve as of the 1st day of
July 1997 1998 and shall rema1n In full force and effect
until the 30th day of June ~~JU 2000. It shall be
automatlcally renewed from year to year thereafter, unless
either party shall notify the other in writ~ng not later
than March 1 of each year that lt deSlres to term~nate or
modlfy this Agreement, and specifically indlcates
requested modiflcatlons. In the event that such notlce is
glven, negotlatlons shall begin no later than April 1 with
a slgned contyact deSlred July 1
City Councll Approval
ThlS MOD 15 of no force or effect whatsoever unless or
untll ratlfied and approved by resolution duly adopted by
the Clty Councll of the City of Santa Monica
Recognized Employee Assoclatlon Name
The MTA 15 hereby acknowledged as the Recognlzed Employee
Organlzat:lon representlng only the permanent line-ltem
employment posltlon classlflcations set forth in Exhibit
A (WhlCh lS attached hereto and made a part hereof)
pU~5uant to Sectlon 3 04 (c) of Ordinance No. 801 (CCS).
It 15 the ITutual understand1ng of the parties hereto that
acknowledgrrent of the MTA as the Recognized Employee
Organlzatlon:
A
Does not preclude e~ployees
poslt1on classlflca~ions
themselves lnC1V1QUally in
relatlons w~tr. ~he C~ty.
1n
f!."'"om
thelr
such employment
representlng
employment
B ~oes not p~eclude or restrlct the right of
managerrent offlc~als to meet and consult wlth
employees ~n such employment pos~tlon
claSSlflcatlc~S concerning thelr employment
relat~ons w~~h the Clty.
Scope of Representat~on
The scope of representatlon of the Recognized Employee
Orgaclzatio~ sha~l lnclude all matters relatlng to
e~p~oyment CO~dl~lons and employer-employee relations
lncludlng, but ~o~ llm1ted to, wages, hours, and other
~e~~s and condltlons 0: employment, except, however, that
4
1. 07
::".08
the scope of representation shall not lnclude
conslderatlon of the fT1erlts, necessity, or organlzatlon of
any servlce or act.ivity provlded by law or executlve order
and that the scope of representat~on shall be exerclsed or
performed In compllance with the provlslons of Ordlnance
No. 801 (eeS).
Full Understandlng, Modlflcat~on and Walver
The partles agree that each has had full and unrestricted
rlght and opportunlty to make, advance, and discuss all
matters properly Wl.thln the scope of representation as
outllned ln Section 2.05 or Ordlnance No. 801 (eCS). Thls
MOU constitutes the full and complete agreement of the
parties and there are no others, oral or wrltten, except
as specifled In thlS Agreement. The parties are not bound
by any past practlces or understandings of either party
unless such past practices or understandlngs are
speclf1cally stated ~n this MOD except that provislons or
condltlons not speclflcally changed in this or previous
MOU's shall be as prescribed by the eivil Service
prOV1Slons of the Santa Monlca City Charter and the Santa
Monlca Munlclpal Code. Each party, for the term of this
MOU, speclf1cally walves the rlght to demand or petition
for changes hereln, whether or not the subJ ects were known
to the partles at the tlIDe of executlon hereof as proper
subJects wlthlD the scope of representation as outllned in
Seetlon 2.05 or Ordlnance No. 801 (ees).
Managemen~ Rlghts Reserved
The C~ty re=alns a:l rlghts not speclflcally delegated by
=h~s Agreemen~, lnc:udl~g, but not Ilffilted to, the
excluslve rlght to
A
hlre, promote,
transfer, asslgn,
suspend,
schedule,
Dlrect, supervlse,
dlsclp:lne, d~schargeJ
and reta~n eTployees
B Rel1-eve employees frow duties because of lack of
work or funds, or under cond1t1ons where contlnued
work would be lnefflclent or nonproductlve.
C Determlne serVlces to be rendered, operatlons to be
performed, u:'lllza~lon of technology, and overall
budgetary ~atte=s
D Deterrrlne the approprlate Job clasSlflcatlons and
personnel by WhlCh government operatlons are to be
conducted.
5
1. 09
E. Determine the overall mlss~on of the un~t of
government
F.
Maintain and ~mprove the efficiency
effect~veness of government operat1ons.
and
G. Take any necessary actlons to carry out the m~ss~on
of an agency in situations of emergency.
H Take whatever other actJ.ons may be necessary to
carry out the wishes of the public not otherwlse
specJ.fled above or by collectlve agreement
Peaceful Performance of Clty Servlce
It lS mutually understood and agreed that part~clpation by
any employee J.n a str~ke or a concerted work stoppage
terminates the employment relatJ.onshJ.p ~n the absence of
specJ.flc wrJ.tten waiver of such termJ.nation by an
authorlzed nanagement official.
A It 15 further understood and agreed that none of the
partles hereto will participate ln, encourage,
asslst or condone any strike, concerted work
stoppage, cessat10n of work, slow-down, slt-down,
stay-away, plcketlng or any other form of
1nterference wlth or llm1tation of the peaceful
per:orwance of Clty serVlces
B In the event that there occurs any strlke, concerted
work stoppage, cessat10n of work, slow-down,
slt-down, stay-away, picketlng or any other form of
lnterference wlth or llm1tatlon of the peaceful
performance of C~~y serVlces, the Clty, 1n addltlon
~o any o:her lawful remedles or dlsclpllnary
aC~lons, may by actlon of the Clty Manager cancel
any or al: payro:l deduc:lons, prohlblt the use of
bulletln boards, prohib1t the use of City
faCll~tles, and prohlblt access to former work or
du~y sta:.:..ons
C Nelther :.~e emp::"oyee organlzation, nor any person
acting ln concert wl:h them, wlll cause, sanction,
or take par:. ln any strlke, walk-out, Sl t -down,
slow-down, stoppage of work, plcketing, retarding of
work, abnormal absenteeism, withholdlng of serVlces,
or any a:.her lnterference wlth the normal work
routlne ~~e provlslons of thlS Artlcle shall apply
for the same :.erm as thlS Agreement, or durlng any
renewal or extenslon thereof. Vlolatlon of any
provls1o:," of thlS MOD by the Recogn:J..zed Employee
6
.
Organizatlon shall be cause for the City, at ltS
sole option, to termlnate this Agreement In add1tlon
to whatever other remed1es may be to the Clty at law
or in equity.
D. The C1ty agrees that there shall be no general
lockout of barga1n1ng un1t members
1.10
Valldlty of Memorandum of Understanding
If any prov1slon of tnls MOU 1S determlned to be invalid
or lllegal by a court of competent Jurisdlctlon, then such
provlslon shall be severed from this MOU, but the
rema1nder hereof shall remain In full force and effect.
The partles heyeto shall immediately commence.
to negotiate for the purpose of replaclng any such lnvalid
or lllegal provlsion.
Should any change be made 1n any Federal or State law, or
In any rules and regulatlons lmplementlng such
leglslatloD, or l~ any Clty Charter provlslon or Santa
Monlca Munlclpal Code prOV1Slon which would be applicable
and contrary to any provlslon hereln contained, then such
pYOV1SlOn of thls MOD shall be automatlcally termlnated,
bu~ the remalnder of thls MOD shall remain ln full force
and effect Such leglslatlon and/or rules and regulations
sha:l supersede tnls MOU and appllcable clauses shall be
Substltuted for those ruled lnvalld or lllegal. The
partles hereto sha:~ lmmedlately commence to negotlate for
the purpose of replaclng any such invalid or illegal
provlslon.
1 1:
Captlons for Conven~ence
~he capclons herelL are for convenlence only and are not
a part of thls MOC and do not ln any way llmlt, define, or
arrpllfy the terms and prOV1Slons hereof.
:2 Equal Employment ana Non-Dlscrlmlnatlon
~t lS agreed by both part1es to this MOD that management
of:lclals play a speclal role In achlevlng equal
opportUDlty In sele2t1ng, training, promoting, and
d~sclplln1ng employees The partles hereto wlll work In
partnersh~p wl~h t~e Personnel Department to ensure full
co~pl~ance Wlt~ t~e let~ey and Splrlt of all appllcable
loca2., State, and Federal laws, rules and regulatlons
govern:.ng equal cpportunlty and w1th the Afflrmatlve
A~:lon Program and Sexual Harassment Policy of the City of
7
1.13
-.
Santa Monlca which are incorporated by reference here~n.
Both partles acknowledge that progress in meet~ng
afflrmative act~on goals and the maintenance of a
harassment-free work env~ronment are approprlate
indlcators of performance of an employee subJect to thlS
MOU. Both parties also agree to ablde by the requlrements
of the Amerlcans wlth Dlsabllitles Act (ADA).
Defln~tions
The followlng deflnltlons are to be applled in the
lnterpretatlon of thlS MOU:
A. rrSalary Range" shall mean the normal flve steps (A
through E) hourly or monthly pay scale (and the
hi -weekly equivalent) assigned to each employment
posltlon class1flcatlon wlthln the City work force,
unless changes to the payroll system make a range of
ten (10) steps posslble, as described 1n Section
3.10 of thlS MOD.
B. "Salary Range Steps A through En for each employment
pos1t1on classif1catlon wlthln the City work force
shall mean and be established to bear the following
percen~age relatlonshlp to Salary Range Step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be ln annual
step lncrements contlngent on sat1sfactory service.
Step A - 81% of Step E
S1:ep B - 8-0 of Step E
::>-0
Step '"' 90% of Step E
'.....
Step D - 95% of Step E
Step ~ - 100%
~
~
C. "Neayes-: Dollar-" shall mean the next lower dollar
when the computed amount lS ~ .J..':<..y \:.JV J forty-nine
(49) cents CY less and the next hlgher dollar when
the computed amount ~s C_ILy-vue (Sl} fifty (SO)
cents or more.
D. IlLlne-ltem posltlon" shall mean a pos1tlon WhlCh is.
(:) speclf~cally ~tem~zed ~n the personnel schedule
of the annual budget of the City of Santa
Monlca, and
8
(2) ellglble to accumulate vacation, slck leave and
othey tlme off ln proport~on to the percentage
of the full-time forty (40) hour week. Other
fringe beneflts shall be provlded to part-tlme
employees covered hereln as If they were
employed on a full-time basls
E. "Permanent Employees" shall mean:
(1 )
A perso~ who is
l~ne-ltem posltlon,
legally an lncumbent of
full or part-t1mei or
a
(2) A former lncumbent of a Ilne-ltem posltlon on
authorlzed leave of absence from a regularly
budgeted posltion, which posltlon lS held
pendlng the employee's return.
The terw "permanent employeelt shall not be construed
to lmply a guarantee of contlnued employment.
However, no permanent employee shall be den~ed the
rlght to those due process protections appropriate
to hls/hey status under the Municlpal Code and Clty
Charter and appllcable State law.
;;' ItDace of Entrance Anniversaryll shall mean the date
WhlCh recurs annually after the date of entry lnto a
posi~lon ln the classlfled service or the City of
San~a Monlca, elther by orlglnal employment,
re-employment or promo~lon The date of entrance for
employees wl~h broken serVlce shall be consldered as
the date on WhlCh the last unbroken serV1ce was
effectlve
G. "Satlsfac~cry SerVlce" shall mean the attaJ.nment of
an overa:l rat~ng not less than "Competent" on the
performa:lce repor~ assoclated wlth the employee t S
most recen~ date of entrance annlversary.
H. "Full-T.lme ',",ark Week" shall mean forty (40) hours.
(1) ~ncumbe~ts of llne-item pos~tions employed In a
work week less than that deflned as the
fu2.1- t.:.me work week shall be compensated in
that proportlon of the compensatlon for
h:.ll-~l!Tle employment as the number of hours
budgeced foy that posltlon bears to the
full-tlme work week, lncumbents of line-ltem
posltlons err.ployed ~n a work week greater than
tha~ deflned as the full-tlme work week shall
be compe:1sated for hours In excess of the
full-~l:ne work week on the bas~s of and ln
accorda~ce w~th the provislons of the Artlcle
9
_ 14
:".15
hereof relating to overt~me Compensation
shall lnclude base salary, deferred
compensation and any other bonuses or skill
pays provided by this Agreement.
(2) Incumbents of llne-ltem positions regularly
worklng less than the full-tlme work week shall
accrue vacatlon, sick leave and other tlme off
in the same rat 10 as the average number of
hours they work per week is to the full-time
work week for the posltion occupled. Other
frlnge benef~ts shall be provided to part-tlme
employees covered hereln as lf they were
employed on a full-tlme basis.
I. nPayTl shall mean compensation for regular hours
worked, SJ.ck leave, vacation, bereavement leave,
holldays, management leave days, compensatory tlme
off and/or Jury duty
J. IIIn Pay Status" shall mean earnJ.ng pay.
K. tlComple::ec. Calendar Month of Service" shall mean a
calendar mon~h in WhlCh an employee, has been in pay
status ror eleven (11) or more worklng days.
L T1Base Rate II shall mean the hourly rate for the
employee's salary step excludlng any special
assJ.gnment, bonus pays or other compensation.
Overpayment Remedy
?er!f1anent employees covered herein shall relmburse the
::::1::1' for any overpayment of wages or benefJ. ts Sald
relnb~rsement sha:: no~ be requlred until the Clty
nO~~=les ~he a:=ected employee ln wrltlng. Reimbursement
TLa1' be aCCOT.pllShed by a lump-sum deduction made on the
next subsequent errployee payroll warrant followlng
overpayment r..o:::.::.catlcn, or by other reasonable repayment
method mutually acceptable to the employee and the City,
except tha:: the lump-su~ deduction shall be requlred lf
t~e next subsequent employee payroll warrant ~s the flnal
or term~natlon wa~ra~t ~ssued to the affected employee.
Payments at Term~natlon
Wheh permanent e~p:oyees covered hereln leave the servJ.ce
0: ~~e Clty 0: Santa Monlca, they shall only be entitled
to L.:.mp-sum payc:: of vacatlon leave and any unused
cashable :loatlng hollday. No claJ.m shall be made agalnst
:.0
the City for the use or payment of unused slck leave or
unused leave granted in lleu of cash payment for the
annual performance bonus, nor shall the effective date of
termlnatlon be extended by the use of slck leave, vacatlon
oy other leave days.
1.16 Compensation & Benefits for Part-T~e Employees
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 emploVIllent as the number of hours budaeted for that
position bears to the full-time work week. Compensation shall
include base salary, manaqement incentive payor any bonuses or
other tYpes of compensation provided by this Aareement.
Incumbents of line-item positions reqularly workina less than
the full-time \\'ork week shall accrue vacation. sick leave,
manaqement leave and other time off in the same ratio as the
averaqe number of hours they work per week is to the full-time
work week for the position occupied. Other frinqe benefits
shall be provided to part-time employees covered herein as if
they were employed on a full-time basis.
11
ARTICLE II: COMPENSATION
2.01
Effectlve Date of Pay Increase
Notw~thstandJ.ng any other provls1on conta1ned hereJ.n,
changes to the salary range and salary related benefit
changes provlded hereJ.n shall become effective on the
flrst day of the payroll perJ.od closest to the effectlve
date stated hereJ.n. If the effectlve date stated hereln
falls on the Sunday in the mlddle of a pay perlod, the
effectlve da~e shall be the first day of the followlng
payroll perlod
2 02
Salarles
Salar1es of Ci~y employees J.n llne-ltem posltlons shall be
on a monthly rate, palo on a bJ.-weekly equlvalent basis.
In lleu of the bl-weekly equlvalent to a monthly rate, the
City Manager may :ix the compensation of any positlon at
an hourly rate In posltions for which the work week 1S
forty (40) hours, the hourly rate shall be determined by
dlvld1ng the bJ.-weekly rate by eighty (80).
A
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As of July 1, 1998, the E-step salaries of employees
covered herein shall be increased by three percent
(3%) .
As of July 1, 1999, the E-step salaries of employees
covered herein shall be increased by a minimum of
two percent (2%), OR, if higher, by an amount equal
to the percentage increase in the "cost of living"
index as measured by the Consumer Price Index (for
Urban Waqe Earners and Clerical Workers, 1967 = 100)
12
for Los Anqeles-Anaheim-Riverside. California,
published by the U.S. Department of Labor, Bureau of
Labor Statistics, for the base period of April, 1998
to April, 1999. However, in no, event shall said
adjustment exceed four Dercent (4%).
In the event a hiqher percentaqe qenera1 salary
increase (also known as a cost of livinq adiustment)
is qranted to all employees of any other barqaininq
unit by the City of Santa Monica for the FY99-00
fiscal yearr excludinq the Santa Monica Police
Officers' Association (SMPOA) and the Santa Monica
Firefiqhters, Local 1109 r IAFF. emplovees
represented by MTA shall be qranted the hiaher
percentaqe qeneral salary increase. For the purpose
of this provision. an eauitv ad;ustment aranted to a
specific ;ob classification represented by a
barqaininq unit shall not be considered a qeneral
salary increase (also known as a cost of livina
ad;ustment) for that barqaininq unit.
B. A given classlflcatlon covered by LhlS MOU wl11 be
ellg1ble to recelve an equlty adJustment providlng
that the compensatlon study conducted by the Clty of
San~a Monlca subs~antlates the need for an equity
adJustment to brlng the salary range of that
clasSlflcatlon In llne wlth the mean salary paid to
the same classl:lcatlon found ln comparable cltles.
The C~~y wll: be wllllng to recelve and evaluate any
salary comparlsou da~a that M7A mlght want to make
ava~:able regarGlng a~ equlCY adJustment for a given
class~flcat~on S~ould a compensat~on study indlcate
~hat a glve~ Job c:asslflca~lon lS currently belng
pald above the ~ean salary pald co the same
classlflcatlon round In comparable citles, the
sa~ary range of that classlflcatlon wlll remaln
~nchanged Internal equlty factors wlll also be
taken lnte ccnslderatlcn, as deemed approprlate by
the Clty, when determln~ng whether or not an equity
adjustme~t for a glven clasSlflcatlon lS warranted.
EqUlty adJustmer.ts des~rlbed hereln wlll be
conslde~ed o~ an annual basls, elther as a part of
the annua::" budget process lf no MOU negotlatlons
should be occurrlng durlng the year or as a part of
the MOD ~egot~atlo~s process should the MOU be up
for negotlatlon
13
2.03
2.04
2 OS
Overtlme
Employees covered herelr- are exempt employees as deflned
by the Fair Labor Standayds Act (FLSA) as FLSA 15 appl1ed
to publlC agency employees. As a result, employees covered
hereln will not have to account for their work tlme on an
hourly basls and will only need to account for each full
day of absence WhlCh occurs on a regularly scheduled work
day. Employees covered hereln, as exempt employees, wlll
not be ellg1ble to accrue compensatory time or be paid
overtime.
Promotlonal Pay Rate
If a permanent employee covered hereln is promoted and
hls/her salary is equal to or greater than the entrance
salary of the promotlonal classification, the employee's
salary shall be increased to the next higher salary rate
whlch provldes a mJ.nlmum flve (5) percent salary lncrease,
prov1dedl however, that In no event shall the salary rate
exceed the maximum salary rate for the new classlfJ.cation.
In the event the promotion is to a supervlsory posltlon,
the employee promoted shall recelve not less than the next
higher sala:::-y rate WhlCh provldes a minimum flve (5)
percent ~ncrease above the hlghest salary rate belng pald
to any subordlnate, provldedl however, that 1n no event
shall the salary rate exceed the maximum salary rate for
the new clasSlflcatlon.
ReclasSlfJ.cations
A reclassiflcatlon of a permanent employee covered hereln
to a hlgher leve: Job clasSlflcatlon wll1 be consldered a
p:::-omotlo~ and the employee's salary shall be lncreased to
the hlgher sala:::-y rate 1n the new class1flcatlon which
provldes a m~ninur cf :lve (5) percent salary increasel
provldec1 howeve:::-, ~~at In no event shall the salary rate
exceed ~he ~aXlmUTl salary rate for the new clasSlficatlon.
A reclasslflcat:or. of a permanent employee covered hereln
to a lower leve: Job classlfJ.catlon wlll not be consldered
a demotlon, and ~he salary of the affected employee shall
remaln at the sa~e level ~ntll the salary range of the new
claSSlflcatlo~ eq~als or exceeds the Y-rated salary. The
employee shall be represented by the bargalning unlt which
represents the Job c:asslflcatlon to whlch the affected
employee has been reclasslfled and the employee shall be
covered by the terms and condltlons of the Memorandum of
Vnders~a~d~ng betweer. ~he Clty or Santa Monlca and that
barga:..nl:1g unlt
14
2.06
2.07
Y-Ratlng
When a personnel actlon, e.g., demotlon due to layoff or
reclassifica~lon, results ln the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee I s salary may be Y-rated. nY-rated"
shall mean the malntenance of the employee's salary rate
at the level effect~ve the day precedlng the effectlve
date of the personnel action placlng the employee In a
lower salary range. The employee's salary shall remain at
such level untll the salary range of the new
classiflcatlor- equals or exceeds the Y-rated salary. Any
MTA membe~ whose DOSltlOr:. lS abollshed shall be demoted to
the hlghest position under the member's supervlslon for
which he/she quallfles and subject to the "Y-Ratlng"
provlslons above. The employee shall be represented by
the bargalnlng unlt WhlCh represents the Job
clasSlflcatlon to WhlCh the affected employee has been
transferred as the result of a personnel actlon and the
employee shall be covered by the terms and conditlons of
the Memorandum 0: Understanding between the City of Santa
Monlca and tha~ bargalning unit.
Pay for Servlng 10 a Elgner Job ClasSlflcatlon
When, lr. the aetermlnatlon of the Department Head or Clty
Manager, ~t ~s necessary to speclfically assign an
employee the slgn~flcant duties and responslbllltles of a
hlgher classl:lcatlor., the employee so asslgned shall be
cOMpensated as follows:
A If the posl":lon lS terrporar:.ly vacant due to the
vacatlon, long-tern SlCK leave or ether temporary
absence ef ~~e employee In the hlgher
class~f~cat~on, w~th sald absence to be a mlnlmum of
twenty (20) consecutlve work days, the employee
te~porarlly asslgned shall recelve the salary rate
fer the vacan~ classlflcatlon at the lowest salary
s~ep WD1Cr. p~ovldes an lncrease of at least flve (5)
percent over h~s/her curren~ salary for all such
work days asslgned l~ the higher classlflcation If
the asslg~mer.t was not proJected to be a mlnlffium of
twenty (20\ consecutlve work days, but ends up belng
at least twenty (20) consecutive work days ln
length, ~he employee fllllng that higher
classlflcatlon w1ll receive the h~gher rate of pay,
as spellec o~t In thlS seetloD, retroactlve to the
:lrst day 0: ;:ne asslgnment. The Clty shall not
rotate e~ployees lD and out of the hlgher positlon
class~:lcatlon asslgnments 1n order to avoid paYlng
sald ce~pensatlon.
l5
B. If the pos1tlon to be f1l1ed 18 vacant and there 15
no va11d elig1ble list for the class1flcatlOTI, the
Department Head or City Manager, 1f he/she has
1nltlated procedures to f1l1 the vacancy on a
permanent bas1s, may assign an employee who meets
the mlnlmum qualif1catlons of the vacant position to
fill the pOS1 tion on a temporary deta11 (act1ng)
basls The employee so assigned shall receive the
salary rate for the vacant classificat10n at the
lowest salary step which prov1des an lncrease of at
least f1ve (5) percent over his/her current salary.
If an e11g1ble llst exists for the vacant position,
the Department Head shall appoint an employee from
the ellglble 11St at the earllest poss1ble date, and
the provislons of th1S paragraph shall be applicable
to the employee asslgned to cover the vacancy 1n any
1nterlm perlod
Noth1ng in th15 sect10n shall require the City to
make temporary aSSlgnments of employees.
16
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Medlcal Insurance
Effective July I, 1997 199B, the City agrees to pay
up to a maXlmum of $~75 per month towards the cost
of medlcal lnsurance coverage for employees and
el~g~ble dependents provlded that employees covered
here~n partlcipate in the City-offered medlcal
1nsurance programs. The cost of medlcal lnsurance
coverage wlll be set each medlcal plan year and w~ll
be a IIcomposlte" monthly premlum derlved by div1d:L.ng
the total monthly premium for all medical plans
offered by the Clty, except the PERS PORAe medical
plans oy any other PERS medlcal plans, by the total
number of e~ployees enrolled In said medical plans
as 0: the beglnning of the medical plan year. Any
extra payment requlred under such plans shall be
paid by the employee electing such coverage.
Effective July 1., 1999, the maximum amount up to
which the City aqrees to pay towards the cost of
medical insurance coveraqe will be equal to the
hiqhest medical insurance premium contribution cap
established for any of the City's other barqaininq
units, excludinq any premium contribution cap
established for barqaininq units who participate in
the PERS medical plans.
~he Clty and M?A agree that employees should benefit
::roTI' any pyemlUrr saV:L.ngs WhlCh accrue from the
lmplemen~atlO:l of a new health lnsurance program
(Tr~ple Opt~o~ Plan + Ka~ser) in 1994. The
follow:Lng pyo:::edl:.ye wlll be utlllzed to determine
savlngs, If any, and, ln the event of savlngs, how
sald sav~ngs w~~l be dlstrlbuted:
(I) The actual medlcal lnsurance prem~um costs for
1993 :oy Bon-safety employees shall be compared
aga~nst t~e Clty'S actual premlum costs for the
new Trlple Opt~on Plan + Ka~ser for those same
employees
(2) If theye s~ould be any prem~urr. savlngs between
1993 ar:d :994, each employee's share of the
sav1ngs w.lll be determlned by dl vldlng the
to~al a~Ol:.n~ or the sav~ngs by the total number
17
3.02
of Clty employees (non-safety) particlpat~ng ln
the Cl ty' s medlcal insurance program. Each
employee's share of any sav~ngs wlll be pald to
the employee by no later than March 1, 1995.
PrlOY to thlS payment, the G~ty wlll meet and
confer with MTA and the other Clty bargaining
urli ts to determ~ne the method by which sa~d
payment wlll be made (e.g., lump sum,
contrlbutions to deferred compensatlon plan,
ete.) .
In the event the medlcal insurance premlums for the
Triple Optlon Plan for 1995, and any subsequent
calendar year, should be less than the actual Clty
medlcal insurance premlums for 1993, the savings
wlll be handled 1n accordance with the same
procedure, outlined above, with the payment be1ng
made to the employees by no later than March 1 of
the followlng calendar year.
Upo~ WYltten notiflcatlon from MTA, the City shall
establlsh a Post Employment Health Plan (PEHP) for
employees covered hereln. There shall be no Clty -
pald contributlons lnto the PEHP. Contrlbutions to
sald plan shall be made by MTA employees through
payroll deduction. MTA shall notlfy the City as to
the amount WhlCh wlll be contributed by each MTA
emp~oyee into the PEHP
E Dental Insurance
Dental lnsurance coverage shall be prov1ded at no
cost ~o the employees and the1r ellglble dependents
prov~deci ~hat employees covered hereln partlclpate
ln the 21ty-offered dental 1nsurance programs.
C Vlslon Insurance
~he C~ty agrees to contlDue to prov1de V1S1on care
lp.surance, a~ no cost, to employees covered hereln.
The Clty re~alns the rlght to select the provlder
and to set ~he levels of coverage for sald V1Slon
care lnSUyance plan The Clty also retalns the r1ght
to change the prov1der of sald V1Slon lnsurance plan
and/o~ the :evel of beneflts provlded under that
plan wlthout ~eetlng and conferrlng.
Rec1.rement
The Clty 1.S a contract wember of the PubllC Employees'
Ret~re~ent Syste~, and ~t lS understood and agreed that
18
such mernbershlp wlll be mal.ntal.ned and that employee
ell.gl.bllity classlflcatlon, contrlbution, and beneflts are
as prescrlbed lO the contract between the City and the
Publlc Employees r Retlrement System heretofore approved by
the Clty Council. The City shall contlnue to pay on
behalf of each permanent employee covered herein one
hundred (100) percent of the lndividual employee's share
of the requlred re~lrement contrlbutlons to PERS [seven
(7) percent of the employee's "compensation" as defJ..ned by
PERS leglslatJ..on] for the term of thJ..s MOU
These payments are r.o~ lncreases of salary and no salary
range appllcable to any of the affected employees shall be
changed or be deemed to have been changed by reason of
such paymentsi as a result, the Clty wlll not treat these
payments as ordlnary lncome and thus, wlll not wlthhold
Federal or State lncome tax therefrom. The Clty'S practlce
wlll be to report these payments as belng those of the
employees so that ~hey wlll be credited to the partlcular
employee's l.ndlvJ..dual account wl.th PERS and upon
te~inatio~ wlll belong to the employee.
It is agreed tha-: 1.: State and/or Federal procedures
re~ulre reportlng of these payments in any other manner,
the partles will ablde by such requlrements
In addition, effective as soon as practicable followinq
the ratification of this Aqreement by MTA and the City, as
allowed by Government Code Section 20536{c) (4), the City
of Santa Monica shall report to the Public Employees'
Retirement System (PERS) as compensation earnable the
monetary value of normal contributions paid by the City on
behalf of each employee covered by this MOU (hereinafter
referred to as the EPMC) pursuant to the Drovisions of
Section 20691 of the California Government Code, as
described above in this Section. In return, for employees
covered herein I there shall be deducted from the net
income of each employee the added cost to the City
resul tinq from payinq employer and employee retirement
contributions on the EPMC, which is an amount equal to the
product obtained by multiplyinq the value of the EPMC by
a percentaqe equal to 7% plus the Citv's orescribed
contribution rate to PERS (which is sub; ect to annual
ad-justment) . For example, assume that the employee's
compensation earnable without includinq the EPMC is
$5,000.00 per month. The EPMC on $5,000.00 would be 7% of
$5,000.00, or $350.00. The EPMC would then be reported to
19
. C3
PERS as compensation earnable. Usina the City's current
contribution rate to PERS (which is 0'), the additional
PERS contribution on the EPMC, which would be deducted
from the employee's net income. would be $24.50 per month.
which represents 7% (i.e., 7% + 0%) of the additional
compensation earnable (i.e., the EPMC) reported to PERS.
If the City's contribution to PERS should increase, the
amount which would be deducted from the emplovee's net
income would increase accordinqly. For example assume
that the employee's compensation earnable without
includina the EPMC is still $5,000 per month and the
City's contribution to PERS is 3%. The EPMC on $5.000
would be 7% of $5,000.00, or $350.00. The EPMC would then
be reported to PERS as compensation earnable. The
additional PERS contribution on the EPMC. which would be
deducted from the employee's net income. would be $35.00
per month, which represents 10% (i.e.. 7% + 3%) of the
addi tional compensation earnable (i. e ., the EPMC) reported
to PERS.
MTA shall have the option to discontinue the arranqement
described in this Section 3.02. Immediately followinq the
exercise of this option, the City shall cease reportinq to
PERS as compensation earnable the value of the EPMC and
shall cease wi thholdinq from the employees' net income the
cost of the additional retirement contributi?ns, as
described in the precedinq paraqraph. Accordinqly, the
riqht to any future pension increase that could result
from this arranqement by includinq in the employee's final
compensation the value of the EPMC is not vested and may
be extinquished by MTA exercisinq this option. Thus, the
only benefit earned by an employee for services rendered
while this arranqement is in force and effect is the riqht
to have the value of the EPMC included in compensation
earnable reported to PERS durinq that particular time
period.
TUltlO~ Relmbursement
The Clty wi:l b~dget an~~ally sufflclent funds to provlde
eacr. permanent l~ne-ltem employee of the MTA tUltion and
requlred study mat.erlal relmbursement for career
l~provemen~ or Job enhancement courses approved by
a~thorlzed Qepar~ment management offlclals and subJect to
20
~ 04
appeal to and approval of the Dlrector of Personnel.
Reimbursement shall equal the total cost of tUltlon
(excluslve of lodclnc and meals) and the total cost of
required study ~ater;als, provlded, however, that:
A The max~mum annual amount of relmbursement per
lndivldual employee shall not exceed one thousand
dollars ($l,DOO.DO).
B. The course of study must be approved ln advance by
authorlzed departmen~ offlclals and the Dlrector of
Personnel.
C The course must be dlrected to quallfy the employee
for an employment posltlon represented ln the Clty
work force or to enhance current job skills.
D The employee must exhlblt some reasonable
expectatlon of quallfying for the new posltlon upon
successful completlon of the study course if that
was the reason for the course.
E. Reirriliursement shall be made upon successful
completlon of the preauthorlzed course and upon
presentatlo~ of recelpts and proof of satisfactory
course co~pletlon.
~ Ir. no event shall the Clty'S reimbursement be
reduced when -:.here 1S an outslde source of ald
except lTI those cases where the ald from any outside
source, plus the normal City reimbursement, exceeds
t.he cost of tUltlon and study material for the
approved study course.
G
Only employees
perlod Wl tn the
progra'T.
who have completed a probationary
Clty shall be ellglble for thls
E Courses :or wn18h tUltlon relmbursement w~ll be made
~us~ be take~ on the employee's tlme or on
authorlzec vaca~lon leave
I The procedure to be followed wlth regard to the
admlnlstratlon 0: the tUltlon relmbursement program
shall be estab~~shed by the Personnel Department.
S~pple~ental Ret~remen~ Plans
The Cl~Y shall establlsh and malnta~n a deferred
co~pensatlo~ plan pursuant to the provlslons of Sectlon
457 of the Interna2. Revenue Code of 1986[ as amended.
21
3.05
^ ~
-' L'8
Each employee covered hereln, at his oy her sole
d~scretlon, may defer and have deposited into the City's
457 plan a port~on of h~s oy her compensatlon up to the
maXlmum amount perml tted by law. ~uc -:..i.L:Y- .p.:..1.u.
_ _ _ -'---- _ _ _ ~ _ .L _I _ _ r .......,., ^ ~. , _ _ _ _ , _ _,_ _ , ~ . r , _ , _ _ _ _ ~
'-uu.....:. .J...uu. i- .J..U.! UJ.. .,,~ V V ~C.L lLlUU~U U!~ .uC!!Q...i...... VJ.. ca'-u Clll1:-'.J..U::t c.....
_ _ _..., 1- _ _ _ _ _ _ .L... _ .L... ,_ ., ~ :"' _ _ I ~ . _ _ 'L _ , ,
'-UVC~l:::U .1.J.C..L.C"";"J...l. ....i-.l..l....u L"..J.J.C: U'C..L.C..L..L.r::u. '-UlU~'CJ..10a.L-.J...UJ.J. ..t-"..L.d.i.1 ~J..La.......L.
J.j~ J...L~t..:u.l...L..LJ.J.u.t;:;.1 ca..::. u.c Ju.j.-.I.~ 3C, ,J...J'J I.
The Clty shall establlsh and maintain a pension plan
pursuant to the provisions of Sectlon 401 (a) of the
Internal Revenue Code of 1986, as amended. Each employee
covered hereln has agreed to contribute four hundred
dollars ($475) per month lnto the 401 (a) plan. ThlS
contrlbutlon will not reduce the employee's compensatlon
for the purpose of calculating performance bonuses or any
other payments whlch aye based on the employee's base rate
of pay
Mlleage Relw~ursewent and Energy Conservation
Relmbursement to permanent employees covered herein for
the author~zed ~se of personal automoblles on City
bUSlness shall be at the rate authorized by the Clty
Councll. Relmbursement rates will be considered ln
preparlng budget Yecommendatlons at least every two (2)
years.
Santa Monlca Munlclpal Bus Line tokens, to a max~mum of
twen~y ;20) tokens per month, wlll be provided to any
employee covered hereln who subm~ts, on the City form, a
record of hlsJher tr~ps (home to work slte, or work site
to home) durlng the precedlng month. The Santa Monlca
~un~clpal 3~s L~ne route number and the bus number used
for eacr. ~~lp IT~st be e~tered on the re~mbursement form.
&~y employee who has not been lssued a Clty parklng pass,
or who vol~h~arlly turns lTI hlsJher parking pass, shall be
el~g~ble to recelve forty (40) tokens per month under the
~erms desc~lbed above
Mental Health Ins~rance
The City agrees to provide mental health insurance
coverage, a~ no cost, ~o permanent employees and thelr
el1glble depende::~s provlded that employees covered herein
par~lClpate 1n the Clty-provlded mental health insurance
program.
22
3.07
3.08
3.09
Term-Llfe Insurance
The City agrees to malnta~n at no cost to the employee a
term Ilfe lnsurance plan for permanent employees covered
hereln, with IndIvIdual coverage of tWlce the employee's
annual base salary
Long Term Dlsability Insurance
The City agrees to maintain a long term disabILIty plan
for permanent employees covered hereln, at no cost to the
employee Coverage shall be malnta~ned under current
terms. The max~mum salary upon which benef~ts are
calculated shall be $6,667.00 per month.
Recognltlon Of Except~onal Performance
Exceptlonal perfor~ance beyond the established goals and
objectives for employees covered herein may result in a
cash performance lncentlve of one (2) percent to ten (10)
percent of the employee's annual salary for the past
!lscal year. Such payments shall be regarded as one-tlme
bonuses and shall not become part of the employee's base
rate. They are subJect to retIrement contributions.
Employees below the E-step of the salary range may receive
a merIt step lncrease or a cash bonus for exceptlonal
perfornance, bu~ may no~ recelve both In a gIven contract
year
A nerlt pool, ~ot to exceed SlX (6) percent of the base
salarIes of employees covered hereln shall be established
ann~ally from WhICh any and all such payments shall be
made No~hlng hereln shall be construed as reqUIrIng that
all pooled funds be dIstrIbuted lTI any year.
If an employee recomwended for a cash payment prefers, the
DepartMent Head may provlde tlme off lD lleu of all or
part of the cash payment provlded that the value of the
above alternatlve shall not exceed the cash payment
orlglnally proposed and the I1merl t pool" shall not be
consldered to be ~ncreased by v~rtue of electlon of thlS
al~ernat~ve. &~ eMployee who elects to rece~ve leave In
lleu 0= cash pa~e~t IT-US~ use sald leave by the end of the
:: lscal year In wh~ch t:he leave 15 granted. Any leave
WhlCh lS not: used by June 30 of that flscal year shall be
fcrfei ~ed. Wher. a permanent employee covered herein
~eaves the se~Vlce 0: the Clty of Santa Monlca, he/she
shall ~ot be entltled to a lump-sum payoff o~ any unused
:3.. eave grar.:.ed In ~leu of cash payment for an annual
perfor~ance bon~s
23
3.:0
The program procedures shall lnclude, at a mlnimum, that
Department Head recommendat1ons with approprlate
justificatlon be forwarded to the Clty Manager by July 31
of each year and that the Clty Manager and Dlrector of
Personnel reVlew the department recommendatJ.ons for
conslstency and resolve resource problems if the
recommendat1ons total more than the available funds by
August 15. The :lnal recommendations of the City Manager
will be made and communicated to the employees and the1r
Department Heads durlng the last week 1n August and
payment shall be made by September IS.
If, in the oplnlor. of the Clty Manager, no cash payment 1S
warranted by an employee 1 s performance, the employee shall
have the opportun~ty to present, withln ten (10) days of
notlflcatlon that no payment is due, addJ. tlonal
lnformat1on that mlght alter the Clty Manager's declslon.
The dec1s1on of the Clty Manager, after cons1deration of
any such addltlonal lnformat1on, shall be final and no
appeal may be taken therefrom. The amount of payment is
not subject to appeal.
It 15 expressly understood and agreed that the performance
lncen~J.ve payments descrlbed in th1S Section do not
constltute a generally granted lncrease under Sectlon 1100
of the Clty Charter and Sectlon 2.04.680 of the Santa
Monlca Munlclpal Code and that denial of such payment does
not const1~ute a demotlon.
?erfcr~ance Base~ Increases
~f durlng the term c~ thls MOU, the payroll system has
been changed by the Clty to provlde for a ten-step salary
range, the range adopted shall be as follows:
!lA" 8e 0% of S':ep u~rl
.....
"A: II 82 5% 0: Step "E"
n01' 85 C% 0: S:'eo "Elf
...-
nSlfl 87.5% 0: S-",,"""' "Elf
...........~
Ire" 90.0% 0: S..""..... "EU
'-~~
IICl" c~ -" of Ste~ nEu
_ut. :>i>
"D" 95 "':s.- ef Step liEn
-..... 0
liD:"" 97 5% of Step "EII
"E" 100.0%
Steps "AI"," "B:","Cl", and "D1" shall be referred to as
" 1r.ter~m steps "
. ~o~mal progress~o~ through the range shall be as provided
u: Sect.loD 5.02, "2ffect of Job Performance on Salary " On
ar. employee's annlversary date, the Department Head may
24
3 11
elect to grant an lncrease to an interlm step, rather than
to the next full step, lf performance is rated Improvement
Needed or Unacceptable. A Department Head may elect to
grant an lncrease of one full step plus one lnterlm step
on the employee's annlversary date if performance is rated
above average or better. In no event may such lncreases
exceed the E-step of the salary range for the employee's
classiflcation.
Slck Leave Buy Back
Employees covered hereln shall have the annual option to
be paid for certaln unused slck leave on the terms noted
below or to Hbankll unused SJ..ck leave.
Payment at the employee's base rate for the fiscal year
durlng WhlCh the slck leave was earned but not used shall
be made only to employees on the payroll as of June 30 of
that fiscal year. To quallfy for payment an employee must
have a sick leave 11 bank II of twelve (12) days. For the
purposes of thlS sectlon, "bank" shall mean sick leave
earned ln prior years and reported In the "Sick Leave
Balance Brought Forward from Prlor Contract Year" column
of the "Vacatlon, Slck Leave and Compensatory Tlme" report
issued by the Flnance Department at the beginning of the
fiscal year durlng WhlCh payable slck leave 1S earned.
.~nual slck leave payof:s under this Sectlon for employees
wl~h less than ten (10) years of serVlce shall be made
accordlng to the followlng schedule:
Slck Leave Jays Used
In ~he ?lscal Year
Sick Leave Days Payable
At Flscal Year End
2 0:::- less
.j
4
5
6
7
8 0:::- more
6
5
~
3
2
;
o
Al1.DUal SlCK leave payof::s under this SectloD for employees
wlth ten (2.0) or !.lore years of serVlce shall be made
accordlng to the fo:low~ng schedule, providing there are
enough slck days accrued lD the employee's slck leave bank
to cove~ the payoff descrlbed below:
25
Sick Leave Days Used
In the Flscal Year
Slck Leave Days Payable
At Fiscal Year End
2 or less
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 lS mutually acknowledged by the partles that the use of
Code 40 or other tlme off not appropriately scheduled In
advance wlll dlsqualify an employee from eligibility for
payment under thlS sectlon. An exception to thlS
provlslon would be the use of Code 40 for time off in
accordance with the Famlly School partnershlP Act, as
described in Sect lOr. 4.13 of thls Agreement.
Sick leave for WhlCh payoff lS received shall be
cODsldered "used" In that lt will not be added to the
"bank" (or lf added t:.o the "bank" pr1.0r to the payoff date
shall be removed from the lIbank")
Sick leave payoffs under thlS section shall be.made by
separate check by the end of July followlng the fiscal
year In WhlCh ~~e payable slck leave was earned.
For cne purposes of thlS sectloD, slck leave days subject
to payc:f at the end c: the flscal year shall be pa1.d on
the basls of elght (8) hOUTS pay, at the employee1s base
salary rate 0: pay, for each slck leave day ellgible for
payoff.
26
ARTICLE IV LEAVES
4.01 Paid Hol~days
Employees covered hereln shall rece~ve pald holldays as
prov~ded below:
New Year's Day - January 1
Martln Luther Klng's B~rthday - Thlrd Monday ln January
Presldents Day - Thlrd Monday In February
MemoYlal Day - Last Monday in May
Independence Day - July 4
Labor Day - Flrst Monday In September
Thanksglvlng Day - Fourth Thursday in November
The Frlday followlng Thanksgiving Day
The Half-Day lmmedlately before Christmas Day
Chrlstmas Day - December 25
The Half-Day immedlately before New Year1s Day
One (1) non-cashable floatlng hollday
One (1) cashable float~ng hollday
A:l other holldays declared by the City Council
A non-cashable floating hollday becomes available as of
January 1 Only those employees who are on the payroll as
of January 1 shall be entltled to recelve the non-cashable
floatlng hollday for that flscal year. The non-cashable
=loatlng hollday must be taken before the end of the
flscal year. If the non-cashable hollday lS not taken by
the end of the flscal year, the holiday cannot be cashed
out and lS forfe~ted.
A =:oatlng hol~day becomes avallable at the beginnlng of
eac~ =~scal year ar.d m~st De taken before the end of that
flsca: year Only those employees who are on the payroll
at the beglnnl~g of the =lscal year shall be entitled to
:::-ece:. ve the floatlng ho':"lday for the flscal year. A
:loating hollcay not taken by the end of the flscal year
rray be palQ to t~e employee If ~he employee enters the day
on hls/her f~nal tlme card for the =~scal year. If the
employee elects to be pald for the float~ng hollday at the
end of the flscal year, hel she w~ll be pald elght (8}
hours of pay at the employee's base salary rate of pay.
Fallure to take ~he floatlng hollday or to put the hollday
on the last tlme card fcr the flscal year shall constltute
a forfelture by the employee.
Whenever any day llsted hereln as a paid holiday falls
upon the f~rst o~ seco~d day off of any employee who has
~wo (2) consecut~ve days off! the day precedlng shall be
deened the hollday ~f lt falls on the f~rst day off! and
the day followlng shall be deemed the holiday If ~t falls
27
4 02
on the second day off in lieu of the day Ilsted. Whenever
any day l~sted here~n as a paid holiday falls upon any day
off of an employee who does not have two (2) consecut1ve
days off, the followlng day shall be deemed the holiday
for such employee.
Employees 1n departments or d1vislons observing dlfferent
hollday schedules shall, 1n lieu of holldays listed above,
recelve holidays enJoyed by other operatlng employees 1n
that department or dlvls~on, provldeo, however, that the
same number of holldays [twelve (12)J shall be observed.
Vacatlon Leave
Employees covered hereln shall accrue vacatlon leave wlth
pay on the followlng basis:
A. Followlng cornplet10n of the first six (6) calendar
months of cont~nuous serv~ce, SlX (6) worklng days.
B
Thereafter, up to and lncludlng flve
yea~s of service, one (1) work1ng
completed calendar month of service.
(5 )
day
completed
for each
,...,
'- .
Thereafter, up to and includlng ten (10) completed
years of serVlce, one and one-quarter (1.25) working
days for each completed calendar month of serVlce.
:a.
~hereaf~er, up to and lncludlng fifteen (15)
completed years of service, one and one-half (1.5)
work~ng days fer each completed calendar month of
serv~.ce _
E.
Upon comple~~oL 0: f~:teen (15) years of serv~ce and
thereafte~ t one and three-quarters (1.75) working
days for eac~ co~pleted calendar month of serVlce.
At the Clty Manager's discretlon, a new C1ty
employee who lS covered by th1S bargalning
agreemen~t based on the terms and condltions of the
employee's preVlOUS employment, may be granted a
vacatlOr. accrual rate WhlCh exceeds that l~sted
above.
......
o
~mployees a~e expected to take their vacatlon each
year. An e~p:oyee who has accrued vacat~on to the
maXlmums prescr~bed hereln may be requlred to take
vacat~or. leave lTI order to reduce the accumulatlon
balance The schedullng of vacation shall be
accordlng to department or dl vlsion pol1cles and
contlngent or. the service needs of the department.
28
4 03
If an employee lS den~ed the time off requ~red to
malntaln a vacat~on balance below the maximum
allowed, the Depart~ent Head shall authorize payment
to the employee for such vacat~on as would exceed
the maXlmum accumulat~on Ilm~t. However, lf the
employee lS scheduled to take vacat~on and falls or
refuses to do so, he/she forfeits the excess accrual
without compensatlon.
H. Accrual of vacatlon leave shall not exceed three (3)
tlmes the employeels annual accrual of vacation
I Excep': as p~ovlded herein, the admlnistration or
appllcatlon of vacatlon leave provlsions and the
llffilta':lons on the accumulatlon, proportlonate
accumulatlon, schedul~ng and payment for such leave.
shall be as prescrlbed In the C1V1I SerVlce
provlslons of the Santa Monica Municipal Code.
J If an employee covered hereln should receive a
payof: for any unused accrued vacatlon days, said
days shall be pald on the basis of elght (8) hours
pay, at the employee's base salary rate of pay at
the tlme of the payoff, for each vacation day
ellglble :or payoff
Slck Leave
A The use of slck leave shall be deflned as in Section
2.04 570 of the Santa Monlca Municipal Code, hereby
lncorporated as lf set forth in full hereln, except
as fo2.1ows
Slck leave sha:l be deflned as absence from duty
because of the employee I s illness or off-the-Job
lr.Jury, expos~~e 0: the employee to contaglous
olsease as eVldenced by certification from an
accep':ed TPedlca.:... authorlty, or medical or dental
appolnt.'Tler.:'s of the employee which could not be
scheduled dU~lng non-work hours, wlth proper advance
notlflcatlon to the Department Head.
B Employees covered hereln shall accrue slck leave
Wl tl: payor: :.he followlng basls, provlded that
permanent part-tlffie employees shall accrue sick
leave ln ::.ha::. proportlon as the number of hours
budge::.ed for ::.he posltlon bears to the full-time
work week
29
~ 04
4.05
(1) Following the complet~on of the flrst s~x (6)
calendar mon~hs of contlnuous serv~ce, s~x (6}
work~ng days.
(2) Thereafter, one (1) work~ng'day for each
completed calendar month of service.
(3) At the City Manager 's discretion, a new Clty
employee who ~s covered by th~s barga~ning
agreement, based on the terms and cond~tlons of
the employee's previous employment, may be
granted a lump sum number of sick leave days
upon hls/her employment wlth the Clty of Santa
Monlca.
C The forego~ng benef~ts are cumulative subject to the
follow~ng restrictlons:
(1) No more than one-hundred-thlrty (130) worklng
days may be applled agalnst sick leave for any
O:1e (1) lllness.
D. Any employee who lS absent because of sickness or
othey physlcal dlsaDlllty shall notlfy his/her
Department Head or other lrnmediate superior officer
as soon as posslble but ln any event ~n accordance
wlth ciepar~ment r~les and regulations.
Leave of Absence Without Pay
A permanent emp:oyee covered herelTI may be granted a leave
of absence wl~hout pay ~por. appllcatlon approved by the
Department Head and tne Clty Manager. Such leave may noc
exceed one (l) year's ~~me Upon eXplratlon of the leave,
the employee shall be relnstated to the posltJ..on held
be:ore the leave was granted. Such leave shall be granted
only l~ those ~ases where an employee's record of serVlce
ana. qual.lrlcat:.ons make It deslrable for the City to
retaln the employee's serVlces even at the cost of some
lTICOnVenlence to the Cl~Y
M:.Il ta:ry Leave
The Clty wlll observe the mllltary leave requirements of
State and Federa: law
30
4.06
4..C7
4 08
Workers' Compensat~on Leave
Employees covered here~n h~red by the Clty on or before
June 30, 1985, recelvlng d~sability payments under the
Workers' Compensatlon Act of Callfornla shall recelve the
dlfference between the dlsablllty payments under the Act
and full salary durlng the flrst nlnety (90) days of such
disabillty absence.
Employees covered herein hired by the Clty on or after
July l, 1985, shal: be entltled to only those Workers'
Compensatlon beneflts speclfled under State law and shall
recelve no salary from the Clty durlng a leave for
lnjuries covered by the Workers' Compensatlon Act.
Jury Duty
Employees covered herein, when duly called to serve on any
JUry and when unable to be excused therefrom, shall
recelve the regular base compensatlon less all jury fees
received excludlng ffilleage for the tlme requlred to be
spen~ In CO~Tt provlded that an individual employee wlll
be so pald for Jury serVlce only once every three (3)
years and shall make every effort to cooperate wlth any
request by the Department Head to request a delay in Jury
serVlce to accommodate lmportant department work in
progress. Eacr. errployee recelvlng a notlce to report for
Jury serVlce shall ~mmedlately notlfy hls/her lmmedlate
supe nil sor .
Whenever dally Jury duty schedullng permlts, employees
shall return to thelr regular daily Job assignment to
co~plete thelr regular dally work hours.
3ereave~ent Leave
Bereavemer.~ leave of not nore than flve (5) worklng days
Wl~~ pay shal~ be p~ovlded for absence from duty due to
~he death 0: a ~eTber of the employee's famlly or
:'!1e errplcyee IS hO';..lse::o::"c. For the purposes of thls
seetlon, IfarL::.2-y" s!1a::'l l~clude spouse, chlld, brother,
slstey, parent, parent-lr.-law, son-ln-law, daughter-ln-
law, step-paren~, step-brother, step-slster, brother-~n-
law, s~ster-ln-law, gyandparent, grandchlld, spouse of
chlld, spouse of s:ep-ehlld, step-parent of spouse, uncle,
au~:., nlece and nephew
31
4.09
4 :0
Management Incentive Pay
For thelr normal d~t~es and ~n recognlt~on of the un~que
responsib~li ties of their Jobs / each employee covered
here~n wlth less than f~fteen (15) years of service shall
receive up to slxty-four (64) hours of management
incentive pay per fiscal year. The management incent~ve
pay shall be accrued on a quarterly basls / wlth one-
quarter, or s lxt een ( 16 ) hours, of the total maXlmum
allotment for the flscal year accrulng as of the flrs~ day
of each quarter of the fiscal year. An addltlonal elght
(8) hours of management incentive pay per flscal year
shall be granted to all covered employees wlth fifteen
(15) or more years of serv~ce. For employees with flfteen
(15) or more years of service, management incentive pay
shall be accrued on a quarterly basis, wlth one-quarter,
or elghteen (18) hours, of the total maximum allotment for
the rlscal year accrulng as of the flrst day of each
quarter of the flscal year.
Only those employees who are on the payroll at the
beglnn1ng of the quarter shall be eliglble to accrue the
management lncent~ve pay for that quarter. The management
lncentlve pay will be pald on a quarterly basis at the
beglnn~ng for the quarter 1n whlch It is accrued. The
management lncentlve pay wlll be pald at the employee's
salary rate 1n effect at the beg1nn1ng of each quarter.
':'he Cl ~y shall pay all PERS contributlons due on this
co~pe~sat~on For each partlc~pant, no more than sixty-
four (64) hours, for e~ployees w~th up to flfteen (15)
years of service, or seventy-two (72) hours for employees
wlth f~fteen (15) or more years of serVlce, of management
lI:Centlve pay w:..l:" be reported to PERS 1.n any g~ven
twelve-montr- perlod
The management ~ncent~ve pay wlll not accrue from one
:lscal year to another No e~ployee covered hereln shall
be entltled to ~a~e leave In lleu of management incentive
pay.
Management Leave
Each employee covered hereln shall be entltled to two (2)
non-cashable manage~ent leave days The two (2)
non-cashable manageMent leave days shall be avallable July
1 of each f~scal year An employee must be on the payroll
as of July 1 ~n o~der to be el~g~ble to rece~ve the two
~ 2} non- cashable management leave days for that f~scal
year These two (2) non-cashable management leave days
s~all no~ be accruable from year to year lf not used ~n
ar.y Slyer. flscal year, nor shall the employee be
32
4.11
4 :!-2
4 13
compensated for unused non-cashable management leave days
at the end of the f~scal year. Any unused non-cashable
management leave day(s) shall be forfelted at the end of
the fiscal year.
Parental Leave
Employees wno demonstrate that they have prlmary
responslblll ty for the care of a new chlld shall be
entltled to a leave of absence totallng four (4) months
lmmedlately fo:lowlng the chlldls birth or adoptlon and
shall be returned to the same llne-ltem posltlon occupied
prlor to the leave upon lts eXplratlon. Pald vacatlon
leave and slck leave, If appllcable, as well as unpaid
leave shall be counted toward the four (4) month total.
Addltlonal leave may be requested under the provisions of
SeC~lOr. 4.0~ of thlS MOD
Matern1ty leave lS not the same as parental leave and
shall be ad~lnistered In accordance with State and Federal
law.
Famlly and Med~ca: Leave
The C1:'y hereby agrees to lmplement famlly and medical
leave ln accorda~ce wlth the Call!Ornia Famlly Rlghts Act
(CFR~) and the Fecieral Famlly and Medlcal Leave Act (FMLA)
for all employees covered hereln. These statutes shall
supersede and be lmplemented in lieu of any contract
language or Clty pol~cy/practlce which provides a lesser
beneflt.
Before the lssuance
peyta:.nJ.ng =0 leave
agrees ~o dlscharge
MTli..
of any adminl.sr.rative regulatlons
under the CFRA or FMLAt the Cl.ty
lts meet and confer obligatlon wlth
Work/Famlly Issues
The Clty of Sa:1ta rvronlca wlll comply wlth the Family
Schoel Parr.nershlP Act I set forth ln State Labor Code
Sectlon 230.8, as ~t pertalns to publlc sector employers
33
ARTICLE V' WORKING CONDITIONS
5.01
Safety and Loss Preventlon
The Clty shall provlde a reasonably safe and healthy
working enVlronment in accordance wlth appllcable State
and Federal laws, rules and regulatlons. MTA agrees that
where safety devlces or ltems of protectlve equlpment are
requlred or furnlshed, thelr use shall be mandatory.
Both partles recognize the role that management officials
play In loss preventlon and safety and agree that measures
of loss preventlon and safety are approprlate lndicators
of performance 0= an employee subJect to this MOU.
It 15 mutually agreed that a repre5entatlve of MTA may
attend meet:..ngs of the Administrative Safety Commlttee
when, 10 the OplDJ.OD. of such representatJ. ve, a safety
hazard eXlsts wnlch should be considered by the
Adm~nlstrative Safety Committee
5.02
Effect of Job Performance on Salary
Normal placement on entry shall be at the A-Step of the
salary range and advancement through the range shall
normally be to B-Step a:: one (1) year of employment,
C-Step at two (2) years of employment, D-Step at three (3)
years 0: employment and E-Step at four (4) years of
employroen::.
The C~ty Manage~, l~ exceptlonal cases, based upon
spec~flc a?pralsal c: the lMportance and dlfflculty of the
work and the experlence and ablllty of the person to be
employed, or of the ::..ncumbent, may authorlze entrance
salarJ.es nlgher than the mlnlmum, and specJ.al lncreases
above the amoun~ prescr~bed In the salary schedule for the
class and lengt~ cf serv::..ce of the incumbent. In no event,
howeve~, sha~l the rate exceed the maXlmum rate for that
c2.ass
NotWl ::hstand::..ng ar:y pyovlsion contalned hereJ.n, there wlll
be no lncrease ::..n wages of any klnd as a result of an
UNACCEPTABLE ratl~g en the employee1s prescribed perlodlc
perfornance ratlTIg. There wlll be no subsequent lncreases
ln wages untl: ::he UNACCEPTABLE rating has been improved
to at least the COM?~TENT level. If overall performance is
~ated UNACCE?TAB~E, the employee may be dlsmissed from
serVlce, and If two (2) consecutive performance ratings
a~e ~arked UNACCEPTABLE, the employee shall be dlsmissed
by appolnt lUg aut:hO~l ty for lnefflciency (SMMC Sectlon
34
5.03
2.04.490). Any overall rat~ng ~n the IMPROVEMENT NEEDED
category may delay the next scheduled salary step ~ncrease
at the d~scret~on of the appo~nting authority Such act~on
shall rema1n In effect until the overall ratlng has been
~mproved to at least the COMPETENT level.
Employee Parking
It 1S hereby agreed that the City w1lI make every effort
to mainta1n free parking as it presently exists for City
employees at Clty fac::.lltles The employees covered by
th~s Agreement recognlze that the Clty must comply with
Regulat10n XV lssued by the Air Quallty Management
District (AQMD) and the Clty'S Transportatlon Management
Plan Ordlnance If the use of positlve lncentives does not.
result In the C~ty ~eetlng the compliance requ1rements of
AQMD's Regulatlor. XV or the Clty'S Transportatlon
Management Ord~nance w1thln one (1) year of the effective
date of th1S Agreement, ~t 1S understood that the Clty can
1mplement a charge for parklng during the term of thlS
Agreement In order to meet those requirements. In
addl tlon, If 1 t should become necessary to charge for
parking durlng the t.erm of this Agreement in order to
comply wl~h any other State or Federal requirement
regarding ~ransportatlon management I the C~ty can
lmplement sald charge. However, In no event shall the C~ty
l~plemen~ such a charge for parklng wlthout meetlng and
ccnferrl~g wl~h MTA should any employee(s) represented by
MTA be subject to such a charge
35
ARTICLE VI:
EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductlons
It is mutually understood and agreed that the City will,
subJect to the provisions of Ordinance No. 801 (CCS) and
durlng the term of thlS MOU, deduct monthly and rem~t to
the off~ce or offlcer deslgnated 1n the employee payroll
deductlon authorlzatlon Recognlzed Employee Organ~zat~on
dues, credlt unlon investments or payments, health and
hosp~tal1zatlon lnsurance premlums, and life and accldent
insurance premlums Any or all of such payroll deductlons
are subJ ect co termlnatlon by the City Manager upon
twenty-four (24) hours notlce for failure to comply with
the provislons of th~s MOD.
6..02
Reasonable Not1ce
It lS mutually understood and agreed that a copy of the
City Councl: or Pe~sonnel Board agenda for each meeting
ma~led, by U.S. Mail or lnterofflce mail, to the
author1zed representative of MTA shall constltute
reasonable wrltten notlce, and notice of an opportunity to
mee~ w~th such agency, on all matters within the scope of
representatlo~ upon WhlCh the Clty Councilor Personnel
Board may act.
6 03
Gr~evance a~d COTpla~nt Pollcy
A grlevan2e ~s a 2o~p~alnt by ODe (1) or more employees
2c~cer~~ng t~e a?p:~catlo~ or lnterpretatlon of the MOU,
crdl~ances, resolutlons, pollcles, practlces or procedures
a:fectJ..~g the eTployee I swages, hours and/or work~ng
cond~tlons provlded, ~owever, tha~ grlevances regardlng
dlsclpllnary aC~lons ~~s~ be lodged by the employee belng
d:"sclpllned a::d :.ha::. appeals arlslng from suspensions,
de~c:'lcns and re~cvals shall be subJect to che procedures
o~tll~ed lr. Sec::'lcn 2 O~ 750 et seq of the Santa Mon~ca
Mur.lc1pal Code, a~d tiat 2ompla1nts regardlng performance
evaluatlons sha~l De subJect to the procedures contalned
In Sectlon 2 04 490 c: :.he Mun~clpal Code.
The Clty agrees :.hat employees shall be afforded all due
process Ylghts prov~ded In appllcable law.
T~e MTA agyees :~e rlgh~s of probationary employees are
Ilnltec ~c t~ose provlded under the Santa Monlca Municlpal
Code or Cl~y Charter
36
Step i
Step 2
Step 3.
Step 4
The aggr1eved employee{s) shall meet w1th the
~mmed1ate superV1sor regardlng the gr1evance,
Wh1Ch must be stated ~n wr1ting, specif~cally
c1t1ng the MOD provision, ord1nance, resolutlon,
rule, P011CY, practice or procedure that is the
subJect of the gr1evance and the C1rcumstances
glv~ng r1se to the gr~evance withln th~rty (30)
days of the event givlng rise to the grievance.
If ~he gr1evance ~s not resolved by the end of
the employee's th1rd (3rd) regularly scheduled
day followlng ~he day on which presentation of
the gr1evance to the ~mmed1ate supervisor
occurred I the employee may, wi thin f 1 ve ( 5 )
regularly scheduled days, thereafter appeal to
the second level supervlsor, 1: any
If ~he grlevance ~s not resolved by the end of
the employee's fifth (5th) regularly scheduled
day follow1ng presentat10n of the grievance to
the second level superVlsor, If any, the
employee may, w~thln f~ve (S) regularly
scheduled days, appeal to the Department Head.
The Department Head shall meet W1 th the employee
and the employee's representat1ve to attempt to
resolve the gr1evance
If the gr1evance 1S not resolved by the end of
the employee's tenth (lOth) regularly scheduled
oay followl~g presentatlon of the grievance to
the Departme~t Head, the employee may, wlthin
!lVe (5) days, appeal to the Dlrector of
personne2., who wlll 1nvestlgate the grievance
and make ~ecommendat1ons to the Clty Manager,
whose dec~s~on shall be f1nal The dec1slon of
the C1~Y ~anager shall be 1ssued no la~er than
the end of the thlrt1eth (30th) day followlng
presen~at:on of the gr1evance by ~he D1rector of
Personne:i.
I~ 1S mutually unders~ood and agreed that
A. All tlm€ perlods In this Sect10n may be extended by
T'1utua2. consent: of the employee and the management
represenratlve lr.volved
B. A gr1evance shall be considered unt1mely 1f not
presented by the employee or the MTA w~th1n thlrty
!3Q) days o~ ~he ~nc~den~ g~v~ng rlse to the
gr1evance O~ wlth1n th1rty (30) days of 1ts effect
upon the employee In those lnSL.a~Ces where 1t is
37
shown that the employee could not reasonably have
known of the grlevable actlon.
C. Employees shall have the right to be represented in
gr~evance matters ln the followlng manner:
1. Employees shall have the right to represent
themselves ~nd~vidually ln grlevance matters.
2.
Employees may deslgnate
department or of MTA to
gr~evance matters at steps
of the gr1evance process.
a memoer of the
represent them ~n
one (1) and two (2)
3. Employees may designate a member of the
department, an MTA representative, or a legal
representative to represent them in steps three
(3) and four (4) of the gr~evance process.
4.. For the purposes of this sectlon, "days II shall
mean regularly scheduled work days of the
employees 1I: the affected department or
dlV.l.sion.
5 Reasonable t~me off without loss of payor
benef~ts shall be given to a grievant or MTA
grlevance representatlve to investlgate or
process gr~evances, and to w~tnesses ~n any
gr.l.evance hearlng or meeting held dur~ng work~ng
hours
Before perforn1ng any gr~evance work, MTA
representatlves, the grievant or wltness shall obta.::..n
perm.l.SS~8n from the lm~edlate superV1sor and shall
report back to work when the gr1evance work lS
conple=ed. Kelther the grlevant nor representative
nor wltness shall lnterrupt or leave work ~f the
superV1sor de~ermlnes Lhat such lnterrupt~on or
absence w~~l ~nduly lnterfere with the work of the
employee However, lf the supervisor der.1es such t~me
off when reques=ed, tlme off must be granted w~th~n
twenty-four (24) hours of such request.
D An eMployee who has ln1t~ated a grievance, or
asslsted another employee in ln1t~at~ng and/or
process1ng a grlevance, shall not ln any way be
coerced, lntlITldated or dlscrlminated agalnst.
38
IN WITNESS WHEREOF, the partles hereto have caused th~s Memorandum
of Understandlng to be executed thlS day of
, 1957 1999.
MANAGEMENT TEAM ASSOCIATES
CITY OF SANTA MONICA
Robeyt Harvey
Presldent
John Jallll.
C1ty Manager
Ror. Fuchiwak1, Negoc~atlons Team
AP?ROV2D AS TO FORM.
ATTEST:
~arsha Jones Moutrle
Clty A:;to~ney
C1ty Clerk
39
EXHIBIT A
Classifications subJect to the MOD shall be as follows'
Accounting Manager
Administrative Serv~ces Offlcer
Administrative Serv~ces Offlcer - EPWM
Administratlve Serv~ces Offlcer - Earthquake Recovery Adminlstrator
Administrative Services Officer - Financial Administrator
Adm~n~stratlve Services Offlcer - Plann~ng & Commun1ty Development
A1rport Manager
Assistant Clty Clerk
Asslstant C1ty Llbrarlan
ASslstant Dlrector of Communlty and Cultural Services
Ass~stant Dlrector of Transportation
_., __ _ L- ...._
J;;l U.u"::::f<:: ~ .'.Cl.UC1~ C.L
Blalding Qff1cer
Cable TV Manager
Cemetery Super~ntendent
clty Englneer
____ __,__ ___ _- I'"""'l _ ~~_ _
.......J,..;...y :a...LI\....L.l.1.':j c:L...1........ .....La..:..........L\.,.. .L.:..I..L.i.':::j.l..J.l.c:t::::~
Communlty & Sen10r Programs Manager
CuI tural A~'L6 Affairs A":;',u...~....;;~.i..-a:::'0.i..- Manaqer
Econom1C Development Manager
E'11ployee aU~ ;"0.Ll-L.ii-'.i..S::'~c..:'...-.,;c Servlces Manager
~ve~t Faclll~les Manager
:10Uslng Manager
2~'11an Serv~ces Manager
Infor~atlo~ Systems Manager
~aln~enance Manager
Parks and Spor~s Manager
?erso~!1el Servlces Manager
?lann1~g Manager
?rlnclpal ~lbrar~an
?',jrcr:a S 1:19 Agent
Revenue ManagerjClty Treasurer
Sol~d Waste Operatlons Manager
Traffic Operations Manaqer
~rafflc Operatlons Superlntenden~
~ranslt Admln~s~ratlon Manager
~ransl~ ~evelop~ent & Intergovernwen~al Relatlons Manager
~ransl~ Facllltles Malntenance & Vehlcle Englneerlng Manager
Transl~ Malr.tenance Manager
TranS1~ Operatlons Supervlsor
Translt Servlces Manager
Transportation Planninq Manaqer
~t~:l~les Manager
Water an~ Waste Water Superln~endent
Water Prod~=~lO~ ane Treatment Superintendent
40