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SR-12-A (57) ReAo-# qf;15 C&n1rdc:t 4F 1f/b? 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 A." ...... ~ ,:; l.<.l Y ~ , - - -- -'- -- - .J..;7;;7 I I \....L-~i' I"...vJ,.J,.Ir,....L..L.......I"J.I".......V.1.J.i;) .J,....L.,lI,...V c. ":t.:J I _ .L'" _.., ., __.,_ _ .,., 'L_ v.L. ClUl--'..L."...,Iyt::co .....uv'=.L-t::\..oi. .,lJ.t::.&-'=.J.......L ,o..L,LC1........J.. J..,J.;::;. ___ L_L_~~ i:--"~a.L.. ........J.1 J...J';;:::.Ll.Cl__ _, _ _ _ _ _ -'-_ _ _ _ __ -'- _ _ .. f'" ~ . 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I.' ;::,o._a..;..} w.~o.~ wo.i:> t-'.:. 0::: v .Lvu."".Ly l-'o..LU 0."" 0. '-.L LY -1Jo..LU _ _ __ .L- _ _ _ 1_ _ _ .L _ 1> r- 'P"""! __, _ _ ,.., _.L- _ __ __ _ , _ __ _ _ _ L;..;.:.lL..;..-...J.....;I.........._V.L..;. .l........L.._. a. "':t~ j !:J.l..Gll.l.. J..J.lC .L:..-.:::>L.c:.,t-J i::)Cl.LCl.i... .J...C:~ ....,[ ~L:::: .;.. O::::=>l...l '.....Lu-:f salCl.1.. y 1.. o.H,::!'="" ",,110.11 Lll<:::1~ b6 - "'_ _ _ _ .L , .... n , c:i..U-,..J.~.....,;;:;'o.....\. U}" ......,;"..;,.....;..:::::-;::: t-.,.;:::.....;..--~....L..... \.J--c/ 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