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SR-12-A (63) ~ , /? /' n / // "1 .' f ; ""'I .. J .---- /~-A .. IlU'f' ') () 1(;91 Ii 'u '" v ..,J PE:KB:kb Council Meeting: August 13, 1991 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 Public Attorneys Union (PAU) INTRODUCTION This report requests that Council adopt the attached Resolution authorizing the city Manager to execute a Memorandum of Understanding (MOU) with the Public Attorneys Union. BACKGROUND The MOU with the Public Attorneys Union (PAU) expired on June 30, 1991. Negotiations to replace the expired MOU commenced on April 4, 1991, and resulted in the attached MOU. This new agreement was ratified by the membership of PAU July 18, 1991. This agreement includes cost of living adjustments for FY91-92 and FY92-93; eliminates overtime compensation and the accrual of compensatory time; increases the amount the City contributes towards the City's deferred compensation plan; increases the number of professional leave days; increases the amount that the City contributes towards the cost of medical insurance, but retains a "cap" on the City I S contribution towards the cost of medical insurance coverage for employees and dependents; adds a /~-A - 1 - ~l'f' ~ 0 i9"'1 f-1L", L !::11 performance bonus program for Deputy Attorney IIIs who reach top step of the salary range established for that classification; increases coverage under a long term disability insurance plan and a term life insurance plan; and makes some other minor economic and non-economic changes. FINANCIAL/BUDGET IMPACT Funds have been included in the adopted budget. RECOMMENDATION It is recommended that Council adopt the attached Resolution authorizing the City Manager to execute the attached Memorandum of Understanding (MOU) with the Public Employees Union (PAU). Prepared By: Karen Bancroft - 2 - BEFORE DISTRIBUTION CHECK CONTENT OF DISTRIBUTION OF RESOLUTIuN i J'~j?_/ Council Heeting oat?!]/'9/ Agenda I tern #: /. - fl /Yd 6-/ ALL FOR CITY CLERK'S ACTION ---"ORDINANCE # Introduced: Was it amended? Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval VOTE: Affirmative: Negative: Abstain: Absent: ~ PROOF VOTES WITH ANOTMER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he s~gned, sealed and filed in Vault. NEWSPAPER PUBLICATION (Date: D~partment orlg~natlng staff report( Laurle Lleberrnan) Ordlnances only for Attorney ( Claudla Thompson) Management Servlces Lynne Barrette ORDINANCES ON~Y Agency mentloned ~n document or staff report (certI-fled? ) 2 1 SubJect file (agenda packet) 1 Counter file 1 ~ Others: (Review for departments who need to know) . Airport Par~ing Auth. Auditorium Personpel Building Dept. Planning C/ED Police Finance General Servo Library Manager Flore Purchasing Recr!Farks Transportatl.on Treasurer SEND FOUR COPISS OF ALL ORDINANCES TO: CODED SYSTEMS 120 Main Street Avon, N~w Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrick Santa Mon~ca Municipal Court 1725 Ma1n Stree~, Ro~rn 118 Santa Bonica, CA 9040l Total Copies -3 RESOLUTION NO. 8282(CCS) (CITY COCNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS UNION WHEREAS, the City Administration and representatives of the Public Attorneys Union have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa Monica requires preparation of a written Memorandum of Understanding between the administration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governing body for determination; and WHEREAS, the purpose of the Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and the Public Employees Union: - 3 - NOW, THEREFORE I 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 executed by the Public Employees Union, a copy of which is attached hereto. section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: tl..4t..e.-1t' ............ "- ROBERT M. MYERS city Attorney ~- \1 ~ -... (RB."poa30") - 4 - .. . Adopted and approved this 20th day of August, 1991. 4 #//L. 1''' Mayor I hereby certify that the foregoing Resolution No. 8282(CCS) was duly adopted by the city Council of the City of Santa Monica at a meeting thereof held on August 20th, 1991 by the following council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Counc1lmembers: Katz ATTEST: c:dt~ Iff6t Ci t.1 Clerk l ARTICLE I: 1. 01 1. 02 1. 03 1. 04 1. 05 1.06 1. 07 1. 08 1. 09 1.10 1.11 1.12 1.13 1.14 ARTICLE II: 2.01 2.02 2.03 2.04 2.05 ARTICLE III: 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND PUBLIC ATTORNEYS UNION TABLE OF CONTENTS GENERAL PROVISIONS Parties to Memorandum........................... 3 Purpose. . . . .. .. . . . . . . . .. . . . . . .. . . .. . .. . . . . .. . . . .. .. .. .. .. . ... 3 Term of Agreement............................... 3 City council Approval........................... 3 Recognized Employee Association Name............ 4 Scope of Representation......................... 4 Full Understanding, Modification and waiver..... 4 Management Rights Reserved...................... 5 Validity of Memorandum of Understanding......... 5 Captions for Convenience........................ 6 NOn~D~s?rimination and Equal Employment......... 6 Def~n.1. t.1ons. . . . . ... .. . .. . .. " " " " .. . . .. . .. . . . . . .. .. .. . .. " '" " III ". 6 overpayment Remedy""."""""......"......,....."""""""".". 8 Payments at Termination......................... 8 COMPENSATION Effective Date of Pay Increase.................. 9 Salaries" . . .. .. . " .. " . .. . " " . " ,. ,. " " . " " " .. " " . . . . .. .. .. " .. " " .." 9 Overtime" " " " " .. " " " " " " " " " " " " " " " ill .. " " " " . . " " " " " .. " " " " " 10 Bilingual Bonus................................ .11 Y - Ra t inq" .. .. .. " . " . " . " . .. " " " .. .. . . . . " " " . .. .. .. " .. .. .. .. .. " .. " " " 11 SUPPLEMENTAL BENEFITS Health Insurance Programs.......................12 Retirement" " " . " .. " " .. " .. " . " . .. " " .. . .. . . .. .. " .. " " . .. .. .. .. .. .. .. . 13 Deferred Compensation...........................13 Mileage Reimbursement. . . . . . . . . . . . . . . . . . . . . . . . . . .14 Bar Dues"".."..........""..".."......"".."........".""""............ 14 Professional Development........................14 Long Term Disability Insurance..................l4 Sick Leave Buy Back............................. 15 Term Life Insurance............................. 16 - 1 - ARTICLE IV: LEAVES 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 ARTICLE V: Pa id Ho 1 idays.. . .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. . .. .. .. .. .. 4- .. . .. .. .. .. 17 Vacation Leave.................................................. II ... .. .. .. . .. .. .. .. 17 Sick Leave..................................,...................... II ... .. ~ " .. 18 Leave of Absence Without Pay....................18 Military Leave................................. .19 Workers I Compensation Leave.....................19 Jury Duty.............................."............................ III .. .. .. .. .. .. .. .. 20 Bereavement Leave............................... 20 Parental Leave..................................20 Professional Leave................... ......... ..21 WORKING CONDITIONS 5.01 5.02 5.03 ARTICLE VI: 6.01 6.02 6.03 6.04 Safety.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. III It .. .. . .. .. III .. .. .. .- .. .23 Employee parking III .. .. .. .. .. .. .. .. .. . . , .. .. .. . . .. .. .. III .. .. . .. .. . .. .. III .. 23 Performance Evaluations and Effect of Job Performance On Salary.......................... .23 EMPLOYER/EMPLOYEE RELATIONS Payroll Deduct ions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Reasonable Notice............................... 26 Time Off For Association Business...............26 Grievance and Complaint Procedure...............26 - 2 - ARTICLE I: GENERAL PROVISIONS 1.01. 1.02. 1. 03. 1.04. Parties to Memorandum This Memorandum of Understanding has been prepared pursuant to the terms of Ordinance 801 No. (CCS) of the Ci ty of Santa Monica, which Ordinance is hereby incorporated by reference as if fully set forth herein, and has been executed by the city Manager and by the Public Attorneys Union (PAU)t on behalf of City Attorney employees occupying the line-item employment attorney position classifications, excepting the City Attorney and Assistant City Attorney. purpose The parties agree that the purpose of this MOU is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein; to provide an orderly and equitable means of resolving differences which may arise under this memorandum, and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by PAU. Term of Agreement This Agreement shall be effective as of July 1, 1991 and shall remain in full force and effect until the 30th day of June 1993. It shall be automatically renewed from year to year thereafter, unless either party shall notify the other in writing not later than March 1, 1993 (and March 1 of each subsequent year) that it desires to terminate or modify this Agreement, and specifically indicates requested modifications. In the event that such notice is given, negotiations shall begin no later than April 15 with a signed contract desired by July 1st. city Council Approval It is, however, the mutual understanding of all the parties hereto that such Memorandum of Understanding is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the city of Santa Monica. - 3 - 1. 05. 1. 06. 1. 07 . Recognized Employee Association Name The Public Attorneys Union (PAU) is hereby acknowledged as the Recognized Employee Organization representing only the regular attorney employment position classifications, excepting the city Attorney and the Assistant city Attorney, pursuant to Section 3.04 (c) of Ordinance No. 801 (CCS). It is the mutual understanding of the parties hereto that acknowledgment of PAU: A. in such from their Does not preclude employees position classifications themselves individually in relations with the city; B. Does not preclude or restrict the right of management officials to meet and consult with employees in such employment position classifications concerning their employment relations with the City. employment representing employment Scope of Representation The scope of representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations including (but not limited to) wagesl hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order and shall be exercised or performed in compliance with the provisions of Ordinance No. 801 (CCS). Full understanding, Modification and waiver The parties agree that each has had full and unrestricted right and opportunity to make, advance, and discuss all matters properly within the scope of representation as outlined in Section 2.05 of Ordinance No. 801 (CCS). This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this Agreement. Parties are not bound by any past practices or understandings of either party unless such past practices or understandings are specifically stated in this MOU except that provisions or conditions not specifically changed in this or previous MOUs shall be as prescribed by the civil service provisions of the Santa Monica Municipal Code. - 4 - 1.08. 1. 09. Management Rights Reserved The city Attorney retains all rights not specifically delegated by this Agreement, including, but not limited to, the exclusive right to: A. Direct, supervise, discipline, disCharge, and retain employees; suspend, schedule, hire I promote, transfer, assign, B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive; C. Determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters; D. Determine the appropriate job classifications and personnel by which government operations are to be conducted; E. Determine the overall mission of the unit of government; F. Maintain and improve the efficiency effectiveness of government operations; and G. Take any necessary actions to carry out the mission of an agency in situations of emergency. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall' be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. Should any change be made in any Federal or State law, or in any rules and regulations implementing such legislation, or in any City Charter provisions or Civil Service Rule and Regulation which would be applicable and contrary to any provision herein contained, then such provision of this MOU shall be automatically terminated, but the remainder of this MOU shall remain in full force and effect. Such legislation and/or rules and regUlations shall supersede this MOU and applicable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall immediately commence - 5 - 1. 10. 1.11. 1. 12. to negotiate for the purpose of replacing any such invalid or illegal provision. captions for Convenience The captions herein are for convenience only and are not a part of this MOV and do not in any way limit, define, or amplify the terms and provisions hereof. Non-Discrimination and Equal Employment It is hereby agreed by the parties to this MOU that they will fully comply with all applicable local, state and Federal laws, rules and regulations prohibiting discrimination and governing equal employment opportunity. The Affirmative Action Program and the sexual Harassment Policy of the City of Santa Monica are affirmed by both parties to this MOU and incorporated by reference herein. Every City employee is expected to respect the dignity of every other City employee and to refrain from any actions, including the use of slurs or jokes regarding sex, age, race, national origin, religion, disability, or sexual preference/orientation which could be construed as harassment. Harassment of fellow employees is a violation of City policy. No employment decision shall be based on an employee's submission to or rejection of such conduct. Definitions The following definitions are to be applied in the interpretation of this MOU: A. "Salary Rangel! shall mean the normal monthly pay scale (and the hourly or bi-weekly equivalent) assigned to each employment position classification within the City work force. B. "Nearest Dollar" shall mean the next lower dollar in a monthly rate when the computed amount is fifty (50) cents or less and the next higher dollar when the computed amount is fifty-one (51) cents or more. c. t1Date of Entrance Anniversary" shall mean the date which recurs annually after the date of entry into a line-item position covered by this MOU , either by original employment, re-employment or promotion. The date of entrance for employees with broken service shall be considered as the date on which the last unbroken service in the classification was effective. - 6 - D. "Satisfactory Servicel1 shall mean the attainment of an Overall Rating of not less than "Satisfactorylt on the performance report associated with the employee's most recent date of entrance anniversary. E. "Pay" shall mean compensation for regular hours worked, sick leave, bereavement leave, vacation, holidays, and/or jury duty. F. "In Pay Status" shall mean earning pay. G. "Completed Calendar Month of Service" shall mean a calendar month in which an employee has been in pay status for eleven or more working days. H. "Line-item position" shall mean a position which is: (1) specifically itemized in the personnel schedule of the annual budget of the City of Santa Monica; and (2) eligible to accumulate vacation, sick leave, and other time off in proportion to the percentage of the full-time forty (40) hour work week. other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. I. "Permanent Employees" shall mean: (1) A person who is legally an incumbent of a line-item position, full or part-time; or (2) A former legal incumbent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held pending the employee's return. The term "permanent employee" shall not be construed to imply a guarantee of continued employment, and employees covered herein are not subject to the civil Service provisions of the Municipal Code and City Charter. J. "Full-Time Work Week" shall mean forty (40) hours. (1) Incumbents of line-item positions employed in a work week less than that defined as the full-time work week shall be compensated in that proportion of the compensation for full-time employment as the number of hours budgeted for that position bears to the full-time work week. - 7 - 1.13. 1.14. (2) Incumbents of line-item positions regularly working less than the full-time work week shall accrue vacation, sick leave and other time off in the same ratio as the average number of hours they work per week is to the full-time work week for the position occupied. other fringe benefits shall be provided to part-time employees covered hereunder as if they were employed on a full-time basis. K. "Working Day" as used in the section of this Agreement pertaining to vacation accrual (Section 4.02) and sick leave accrual (Section 4.03) shall mean eight (8) hours. L. II compressed Work Schedule" shall mean a work schedule in which a full-time employee is assigned to work a total of eighty (80) regularly scheduled work hours in nine (9), or less, days in a given two-week (i.e., two work week) period. Overpayment Remedy Permanent employees covered herein shall reimburse the City for any overpayment of wages or benefits. Said reimbursement shall not be required until the City notifies the affected employee in writing. Reimbursement may be accomplished by a lump-sum deduction made on the next subsequent employee payroll warrant following overpayment notification, or by other reasonable re-payment method mutually acceptable to the employee and the City, except that the lump-sum deduction shall be required if the next subsequent employee payroll warrant is the final or termination warrant issued to the affected employee. Payments at Termination When permanent employees covered hereunder leave the service of the City of Santa Monica they shall be entitled to lump-sum payoff of vacation leave and unused Professional Leave days only. No claim shall be made against the City for the use or payment of compensatory time or unused sick leave, nor shall the effective date of termination be extended by the use of compensatory time, sick leave, vacation or other leave days. - 8 - ARTICLE II: COMPENSATION 2.01. 2.02. Effective Date of Pay Increase Notwithstanding any other provision contained herein, changes to the salary range and salary related benefit changes provided herein shall become effective on the first day of the payroll period closest to the effective date stated herein. If the effective date stated herein falls on the sunday in the middle of a pay period, the effective date shall be the first day of the following payroll period. Salaries Salaries of City employees covered herein shall be on a monthly rate, paid on a hi-weekly equivalent basis. In lieu of the bi-weekly equivalent to a monthly rate, the City Attorney may fix the compensation of any position at an hourly rate. In positions for which the work week is forty (40) hours, the hourly rate equivalent shall be determined by dividing the hi-weekly rate by eighty (80). A. New hires shall be assigned to the classification and salary rate most appropriate for their education and experience and for the nature of the work to be performed as evaluated by the City Attorney. B. The salary ranges in effect as of June 30, 1991 for employees covered herein are as follows: A B C D E Deputy Attorney I 3516 3929 4343 N/A N/A Deputy Attorney II 4733 5103 5474 5843 6019 Deputy Attorney III 6431 6721 7023 7339 7666 C. Effective July 1, 1991, the salaries of employees covered herein shall be increased by 4.7%, with said amount being equal to the percentage increase in the "cost-of-living" index as measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = lOa) for Los Angeles-Riverside- Anaheim, California, published by the U.S. Depart- ment of Labor, Bureau of Labor statistics, for the base period of April, 1990 to April, 1991. - 9 - 2.03. D. Effective July 1, 1992, and each July thereafter, the salaries of employees covered herein shall be increased by a minimum of 4%, OR, if higher, by an amount equal to the percentage increase in the "cost-of-living" index as measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Riverside- Anaheim, california, published by the U.S. Department of Labor, Bureau of Labor Statistics for the preceding base period of April to April. However, in no event shall said adjustment exceed 8%. This provision shall rollover to the same extent as the entire MOU rolls over. E. Advancement from Deputy Attorney r to Deputy Attorney II and Deputy Attorney II to Deputy Attorney III shall be considered a promotion rather than a step increase. An employee who has reached the top step of Deputy Attorney I must apply for and recei ve a promotion by July 1 of the fiscal year following the fiscal year in which he/she has served two (2) years at the top step of Deputy Attorney I or his/her employment will be terminated effective July 1. An employee's qualification for promotion shall be determined by the City Attorney. F. An employee assigned as Chief Deputy of a division shall receive a supervisor'S bonus of ten (10) percent of his/her annual base salary per year, which does not become part of the employee's base pay. This bonus will be paid on a bi-weekly basis. Overtime Employees covered herein are exempt employees under the professional employee exemption of the Fair Labor standards Act (FLSA) as it may be applicable to public agency employees. As a result, employees covered herein will not have to account for their work time on an hourly basis and will only need to account for each full day of absence which occurs on a regularly scheduled work day. Upon ratification of this Agreement by both parties, each employee covered herein will receive a one-time bonus of three (3) percent of the employee's base salary as of July 1, 1991. with the payment of said bonus, each employee shall forfeit all of hiS/her accrued compensatory time, if any, as of the date that this Agreement is approved. Henceforth, employees covered herein will not be entitled to receive overtime compensation and/or accrue compensatory time. Any employee covered herein who had obtained approval prior to July 1, 1991 will have the option of using up to one hundred-forty five (145) hours of accrued compensatory time for the purpose of maternity and/or parental leave - 10 - in lieu of receiving the three (3) percent bonus. 2.04. Bilingual Bonus Qualified employees who meet the criteria set forth herein shall receive a bilingual skill pay of fifty (50) dollars per month. To receive bilingual pay the following criteria must be met: 1. The employee must be assigned to speak or translate a language in addition to EngliSh. This may include specialized communication skills such as sign language. 2. An employee must regularly utilize such skills during the course of their duties or upon request of City management. 3. To become qualified, an employee must be certified as qualified through examination administered by the Personnel Department. An employee who has not been certified and qualified and is not receiving bilingual skill pay will not be required to utilize this skill except in an emergency situation. If, during the term of this pay is provided by the bargaining unit, employees the higher rate. Agreement, a higher bilingual City Council to any other covered herein shall receive 2.05. Y-Rating When a personnel action, e.g., demotion due to layoff or reclassification, results in the lowering of the incumbent employee's salary range, the incumbent employee f s salary may be Y-rated. nY-rated" shall mean the maintenance of the incumbent employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee in a lower salary range. The employee1s salary shall remain at such level until the salary range of the new classification equals or exceeds the Y-rated salary. - 11 - ARTICLE III: SUPPLEMENTAL BENEFITS 3.01. Health Insurance Programs Effective July 1, 1991, the City agrees to pay up to a maximum of $435 per month towards the cost of medical insurance coverage for employees and eligible dependents provided that employees covered herein participate in the City-offered medical insurance programs. The cost of medical insurance coverage will be set at the beginning of each medical plan year and will be a "composite" monthly insurance premium derived by dividing the total monthly premium for all medical plans offered by the Ci ty , except the PERS PORAC medical plans or any other PERS medical plans, by the total number of employees enrolled in said medical plans as of the beginning of the medical plan year. Any extra payment required under such plans shall be paid through payroll deduction by the employee electing such coverage. Effective July 1, 1992, and each July thereafter, the maximum amount up to which the City agrees to pay towards the cost of medical insurance coverage will be equal to the highest medical insurance premium contribution cap established for any of the City's other bargaining units for that fiscal year, excluding any premium contribution cap established for the PERS PORAC medical plans or any other PERS medical plans. The same terms and conditions outlined in the first paragraph of this Section shall still apply. This provision shall rollover to the same extent as the entire MOU rolls over. In the event that the contribution "cap" does not cover the cost of medical insurance coverage for employees and eligible dependents, the City agrees to meet and confer with PAU. Dental insurance coverage shall be provided at no cost to employees and their eligible dependents provided that employees covered herein participate in the CitY-Offered dental insurance programs. The City agrees to continue to provide vision care insurance, at no cost, to employees covered herein. The City retains the right to select the provider and to set the levels of coverage for said vision care insurance plan. The City also retains the right to change the provider of said vision insurance plan and/or the level of benefits provided under the plan without meeting and conferring. - 12 - 3.02. 3.03. Retirement The City is a contract member of the Public Employees' Retirement System (PERS), and it is understood and agreed such membership will be maintained and that employee eligibility, classification, contribution, and benefits are as prescribed in the contract between the City and the Public Employees' Retirement System heretofore approved by the Santa Monica City Council. The City shall pay on behalf of each employee covered by this Agreement an amount equal to one hundred percent (100%) of the individual employee's share of the required retirement contributions to PERS (i.e., 7.0% of the employee's "compensation" as defined by law). These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordinary income and thus will not withhold Federal or state income tax therefrom. The City'S practice will be to report these payments as beinq those of the employees so that they will be credited to the particular employee's individual account with PERS and upon termination will belong to the employee. It is agreed that if state and/or Federal procedures require reporting of these payments in any other manner, the parties will abide by such requirements. Deferred Compensation It is hereby agreed that employees covered herein will be offered participation in the City's deferred compensation plan. Effective July 1, 1991, the city agrees to contribute to the plan three hundred-twenty five (325) dollars per month per participating employee. In addition, the City further agrees to contribute to the plan the amount the participating employee is contributing to the plan on his/her behalf, but in no event shall said additional amount exceed seventy-five (75) dollars per month per participating employee. The City's contribution under this Section shall not exceed four hundred (400) dollars per month per participating employee. Upon approval of this Agreement by both parties, an employee covered herein who is currently not participating in the City I S deferred compensation plan will be allowed to enroll in said plan retroactive to July 1, 1991 and thereby receive the benefits provided by this Section retroactive to that date. - 13 - 3.04. 3.05. 3.06. 3.07. Mileage Reimbursement Reimbursement to employees for authorized use of personal automobiles on City business shall be at the rate established by the City Council. Bar Dues The City shall pay each attorney's California state Bar dues required to practice law in the state of California. The City shall also pay for one local bar association dues at each attorney's option. Professional Development Employees covered herein shall receive reimbursement for registration at legal seminars and training sessions, inclusive of reasonable travel, parking or accommodation expenses, provided that the seminar or training program is reasonably related to the practice ot municipal law, as determined by the City Attorney, and the employee has received the prior approval of the City Attorney for said reimbursement. Training tapes and/or books or pamphlets may be acquired under the terms of this Section provided that such materials remain the property of the city. Each employee covered under this Agreement shall be required to attend at least one (1) professional development or training session per each fiscal year. In addition, the City will provide employees covered herein with opportunities to meet the continuing education requirements of the California State Bar either by paying the cost of required courses or through offering self-directed studies. Long Term Disability Insurance The City will continue to offer employees covered herein participation in a long term disability plan provided at City expense. As of the first of the month following ratification of this Agreement by both parties, the City agrees to modify the current long term disability insurance plan to provide long term disability insurance benefits which will be equal to 60% of either the employee's base salary or $5,000.00 per month, whichever amount is less, reduced by the employee I s income from other sources. - 14 - 3.08. Sick Leave Buy Back New hires shall make their selection at the time they first become eligible to select payoff. Employees covered herein have two (2) optional sick leave programs to choose from. Because the choice is one-time and irrevocable, employees should carefully consider their long and short term needs in arriving at a choice. The two (2) programs are as follows: A. Program I - The employee has the annual option paid for certain unused sick leave on the noted below or to "bank" unused sick leave maximum accumulation of one-hundred-thirty days. Payment at the employee's base salary for the fiscal year during which the sick leave was earned but not used, excluding any special assignment or bonus pay, shall be made only to employees on the payroll as of June 30 of that fiscal year. to be terms to a (130) Annual sick leave payoffs under this Section for employees with less than ten (10) years of service shall be made according to the following schedule: Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 or less 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual sick leave payoffs under this Section for employees with ten (lO) or more years of service shall be made according to the following schedule, providing there are enough sick days accrued in the employee's sick leave bank to cover the payoff described below: Sick Leave Days Used In the Fiscal Year Sick Leave Days Payable At Fiscal Year End 2 or less 3 4 5 6 7 12 11 10 9 8 7 - 15 - 3.09. 8 9 10 11 12 13 14 or more 6 5 4 3 2 1 o It is mutually acknowledged by the parties that the use of Code 40 or other time off not appropriately scheduled in advance will disqualify an employee from eligibility for payment under this Section. Sick leave for which payoff is received shall be considered "used" in that it will not be added to the "bank" (or if added to the "bank" prior to the payoff date shall be removed from the "bankll). B. Program II - The employee has no option for pay for unused sick leave and "banks" unused sick leave with no limit on maximum accumulation. Term Life Insurance The City agrees to maintain at no cost to the employee a term life insurance plan for permanent employees covered herein, with individual coverage of twice the employeets annual base salary. - 16 - ARTICLE IV: LEAVES 4.01. 4.02. Paid Holidays Employees occupying the line-item positions covered herein shall receive paid holidays as follows: New Year's Day Martin Luther King's Birthday Lincoln's Birthday February 12 Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November The Friday following Thanksgiving The half-day immediately before Christmas Day Christmas Day December 25 The half-day immediately before New Year's Day One (1) floating holiday All other holidays declared by the City Council January 1 Third Monday in January Whenever any day listed herein as a paid holiday falls upon the first or second day off of any employee who has two (2) consecutive days off, the day preceding shall be deemed the holiday if it falls on the first day off, and the day following shall be deemed the holiday if it falls on the second day off in lieu of the day listed. Whenever any day listed herein as a paid holiday falls upon any day off of an employee who does not have two (2) consecutive days off, the following day shall be deemed the holiday for such employee. Vacation Leave Each employee occupying a regularly authorized full-time position or a permanent and continuing part-time position in any employment classification covered herein shall accrue vacation leave with pay on the following basis: A. Following completion of the first six (6) calendar months of continuous service, six (6) working days. B. Thereafter, up to and including three (3) completed years of service, one (1) working day for each completed calendar month of service. C. Thereafter, up to and including seven (7) completed years of service, one and one-quarter (1.25) working days for each completed calendar month of service. - 17 - 4.03. 4.04. D. Upon completion of seven (7) years of service and thereafter, one and one-half (1.50) working days for each completed calendar month of service. E. Accrual of vacation leave hereunder shall not exceed forty (40) days. sick Leave Sick leave shall be defined as in Section 2104I of the Santa Monica Municipal Code, hereby incorporated as if set forth in full herein, except that: A. Accrual of sick leave shall be as follows: (1) Following the completion of the first six (6) calendar months of continuous service, six (6) working days. (2} Thereafter, one (1) working day for each completed calendar month of service. B. Unless an employee has selected program II under Section 3. 08 , subsection B (S ick Leave Buy Back), accrual of sick leave shall be limited to one hundred and thirty (130) working days, except that no employee who has currently accrued a "bank" of sick leave in excess of one hundred and thirty (130) working days shall be subject to this limit. C. Sick leave shall be defined as absence from duty because of the employee I s illness or off-the-job injury, exposure of the employee to contagious disease as evidenced by certification from an accepted medical authority or medical or dental appointments of the employee which could not be scheduled during non-work hours with proper advance notice to the City Attorney. Leave of Absence Without Pay An employee may be granted a leave of absence without pay upon application approved by the City Attorney and the city Manager. Such leave may not exceed one (1) year's time. Upon expiration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualifications make it desirable for the City to retain his or her services even at the cost of some inconvenience to the city. - 18 - 4.05. 4.06. Military Leave An employee with a permanent civil service status, who in time of war or national emergency as proclaimed by the President of the United States or the congress of the United states, or while any national conscription act is in effect, is inducted into the armed forces of the united states or who leaves employment with the City to enter voluntarily the armed forces and within a reasonable time after leaving his/her employment with the City does enter such services, shall be granted a leave of absence without pay for the duration of the period of active service with such armed forces. If such employee receives an honorable discharge or its equivalent and the position still exists and the employee otherwise is qualified to fill the same, the employee shall have a right to return to the position with the City within six (6) months after the termination of such active service but shall not have a right to so return later than six (6) months after the end of the war or after the time the President or Congress proclaim the national emergency is terminated, or after the expiration of the national conscription act. Such an employee shall receive seniority and other credits on the same basis as though the employee had remained in the city service and had not taken such military leave. Leaves of absence with pay for temporary military duty shall be granted in accordance with applicable state laws. Workers. Compensation Leave Employees covered herein hired prior to July 1, 1985, who are entitled to receive disability payments under the Workers I compensation Act of california for on-the-j ob injuries sustained in the performance of the duties of the employee's position, shall receive from the city during the first sixty (60) days of such disability absence payments in an amount equal to the difference between the disability payments received under the Workers. Compensation Act and the employee's full salary. Such payments by the City shall be made without any deduction from accrued sick leave benefits. The city.s obligation to make such payments shall not commence until the third day of such disability absence. Employees covered herein, hired on or after July l, 1985, shall be entitled to only those Workers · Compensation benefits specified under state law, and shall receive no salary from the City during leave covered by the Workers' Compensation Act. - 19 - 4.07. 4.08. 4.09. Jury Duty Any line-item employee covered herein, when duly called to serve on any jury and when unabl e to be excused therefrom, shall receive the regular base compensation less all jury fees received excluding mileage, for the time required to be spent under the jurisdiction of the court. Each employee receiving a notice to report for jury service shall immediately notify his/her immediate supervisor. When daily jury duty scheduling permits, employees shall return to their regular job assignments to complete their regular work hours. Bereavement Leave Bereavement Leave not exceeding five {5} working days shall be granted to employees covered herein due to the death of a member of the employee I s immediate family. Immediate family shall mean spouse, child, brother, sister, parent, parent-in-law, grandparent, step-parent, step-brother, step-sister, or any other relative living in the same household. Parental Leave Employees who demonstrate that they have primary responsibility for the care of a new child who requires constant parental supervision shall be entitled to a leave of absence totaling four (4) months immediately following the child I s birth or adoption and shall be returned to the same job classification occupied prior to the leave upon its expiration. Paid vacation leave or sick leave, if applicable, as well as unpaid leave shall be counted toward the four ( 4 ) month total. Paid sick leave can be used only if the requirements of this MOU or Section 2104I (Sick Leave) of the Santa Monica Municipal Code are met. Additional leave may be requested under the provisions of this MOU governing leaves of absence without pay (Section 4.04) . Maternity leave is not the same as parental leave and shall be administered in accordance with State and Federal law. - 20 - 4.10. Professional Leave As partial recognition of the sensitive and demanding nature of the employee-employer relationship as regards employees covered herein, the City hereby agrees to grant to each employee covered herein eight (8) professional days off with pay to all such employees with less than fifteen (15) years of service. An additional professional day [total of nine (9) days] shall be granted to all covered employees with fifteen (15) or more years of service. Professional days shall be earned in increments with five (5) days available July 1 of each fiscal year and three (3 ) additional days available January 1 of each fiscal year. Employees with nine (9) days shall earn the extra day as of January 1 of the fiscal year. Unused professional leave days may be paid to the employee if he/she records them on the final timecard of each fiscal year or in such other pay period required by the Payroll Oivision of the Finance Department. Unused cashable professional leave days paid to the employee at the end of each fiscal year shall be paid on the basis of eight (8) hours pay, at the employee's base salary rate of pay, for each professional leave day eligible for payoff. In addition to the cashable professional leave days described above, each employee covered herein shall be entitled to two (2) non-cashable professional leave days. The two (2) non-cashable professional leave days shall be earned in increments with one (1) day available July 1 of each year and one (1) additional day available January 1 of each fiscal year. These two (2) non-cashable professional leave days shall not be accruable from year to year if not used in any given fiscal year, nor shall the employee be compensated for unused non-cashable professional leave days at the end of the fiscal year. Any unused non-cashable professional leave day(s) shall be forfeited at the end of the fiscal year. Each employee covered herein who is required, by the scheduling requirements of the court system, to work Monday through Friday of each calendar week, shall be entitled to receive five (5) additional non-cashable professional leave days over and above those described above. The five (5) additional non-cashable professional leave days shall be earned in increments with three (3) days available July 1 of each year and two (2) additional days available January 1 of each fiscal year. These five (5) additional non-cashable professional leave days shall not be accruable from year to year if not used in any given fiscal year, nor shall the employee be compensated for unused non-cashable professional leave days at the end of the fiscal year. Any unused non-cashable - 21 - professional leave days shall be forfeited at the end of the fiscal year. In the event that the city Attorney's Office places an employee who would normally be required to work Monday through Friday as of result of the scheduling requirements of the court system on a compressed work schedule, said employee would no longer be entitled to receive additional non-cashable professional leave days once his/her work schedule has been changed. - 22 - ~TICLE V: WORKING CONDITIONS 5.01. 5.02. 5.03. Safety The City shall provide a reasonably safe and heal thy working environment in accordance with applicable State and Federal laws and regulations. The Recognized Employee Organization agrees that where safety devices or items of protective equipment are required or furnished, their use shall be mandatory. It is mutually agreed that a representative of the Recognized Employee Organization may attend meetings of the Administrative Safety committee when, in the opinion of such representative, a safety hazard exists which should be considered by the Safety Committee. Employee Parking It is hereby agreed that the City will make every effort to maintain free parking as it presently exists for city employees at City facilities. The employees covered by this Agreement recognize that the City must comply with Regulation XV issued by the Air Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incentives does not result in the City meeting the compliance requirements of AQMDts Regulation XV within one (1) year of the effective date of this Agreement, it is understood that the City can implement a charge for employee parking in an effort to meet those requirements. In addition, if it should become necessary to charge for parking during the term of this Agreement in order to comply with any other local, state or Federal requirements regarding transportation management, the City can implement said charge. However, in no event shall the City implement such a charge for parking without meeting and conferring wi th PAU should any employee (s) represented by them be subject to such a charge. Performance Evaluations And Effect Of Job Performance On Salary The City Attorney or his/her designee shall evaluate in wri ting the performance of employees covered herein on the following schedule: A. Once at the conclusion of the first six (6) months of employment. B. At the conclusion of the first year of employment. - 23 - c. Annually thereafter on or about the employee's date of entrance anniversary. If the City Attorney or his/her designee fails to conduct a performance evaluation on or before its due date, the employee shall advise the city Attorney in writing that the evaluation is past due. The city Attorney or his/her designee shall complete the evaluation w~thin fifteen (15) days of said written notice and any step increases tied to the evaluation shall be retroactive to the pay period in which the evaluation was originally due. In exceptional cases, based upon an Overall rating of OUTSTANDING, the City Attorney may authorize a step increase prior to the employee achieving the length of service normally associated with the salary step. In no event shall the rate exceed the maximum (E-step) rate for the employee's class. Notwithstanding any provision contained herein, there will be no increase in wages of any kind as a result of a NOT ACCEPTABLE rating on the employee's prescribed periOdic performance rating. There will be no subsequent increases in wages until the NOT ACCEPTABLE rating has been improved to at least the SATISFACTORY level. If overall performance is rated NOT ACCEPTABLE an employee may be dismissed from service, and if two (2) consecutive performance ratings are marked NOT ACCEPTABLE, the employee shall be dismissed by the appointing authority. An overall rating in the BELOW SATISFACTORY category may delay the next scheduled salary increase at the discretion of the appointing authority. Such action shall remain in effect until the rating has been improved to at least a SATISFACTORY level. An employee who receives an evaluation of BELOW SATISFACTORY or NOT ACCEPTABLE shall receive a follow-up evaluation in three (3) months to assess progress in correcting performance problems. An employee who receives an evaluation of BELOW SATISFACTORY or NOT ACCEPTABLE may request review of the rating by a panel consisting of the Assistant City Attorney, Chief Oeputy Attorney of the employee's division and a third Deputy Attorney of the employee's choice who shall review the rating and make recommendations to the City Attorney in writing. The City Attorney shall consider the recommendations of the panel and respond with his/her final decision including reasons, in writing. Commencing on July 1, 1992, an employee who has reached the maximum base salary established for a Deputy Attorney III position and who has been at that salary step for at least one (1) year and whose most recent performance rating is overall ABOVE AVERAGE or better shall be - 24 - el~g~ble on his/her anniversary date to receive a cash payment of five (5) percent of the annual base salary. The rating upon wh~ch this payment shall be based shall be the assessment of the individual conducted in the preceding year I pursuant to this Section of the Agreement. Said payments shall not be considered base salary in computing subsequent salary adjustments but shall be subject to PERS contributions. The bonus payment, if any, shall be made within thirty (30) days of the employee1s anniversary date as regards appointment to a Deputy Attorney III position and shall be based on the annual base salary in effect on said anniversary date. - 25 - ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6. 01. 6.02. 6.03. 6.04. Payroll Deductions It is mutually understood and agreed that the City, subject to the provisions of Ordinance No. 801 (CCS) and during the term of this MOU, shall deduct and remit to the office or officer designated in the employee payroll deduction authorization recognized employee organization dues, credit union investments or payments, health and hospitalization insurance premiums, and life and accident insurance programs. Reasonable Notice A copy (via the United states Postal Service) of the City Counc~l and/or Personnel Board agenda for each meeting mailed to the authorized representative of the Recognized Employee organization shall constitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. Time Off For Association Business Authorized Association representatives shall be allowed to utilize a total of forty (40) hours of time off with pay during each calendar year to conduct necessary Association business. These forty (40) hours per annum represent the aggregate maximum use for all authorized representatives of the Association per annum. Grievance and Complaint Policy In the event any grievances, disputes or disagreements arise concerning the matters within the scope of representation of the Recognized Employee Organization, such grievances, disputes or disagreements shall be resolved as follows: Grievances, disputes or disagreements concerning the interpretation or application of the terms of this MOU shall be resolved, if possible, by meeting and conferring in good faith. I f unresolved by such meetings wi thin five (5) working days the parties shall consider submitting such issues to mediation as provided by Ordinance No. 801 (CCS). If either party cannot agree to mediation within five (5) working days, the parties shall then select a grievance board made up of one (1) - 26 - representative of PAU, one representative from management, and a third who shall be a member of the State Conci11ation Service ~ho shall also act as chairperson. The decision of the board shall be binding subject to approval of the City Council. - 27 - ~ r c IN WITNESS w~EREOF, the parties hereto have Memorandum of Understanding to be executed this , 1991. PUBLIC ATTOIDiEYS UNION caused this day of CITY OF SANTA MONICA Amelia Sherman PAU Representative John Jalili city Manager Debra Kanoff PAU Representative James Bianco PAU Representative APPROVED AS TO FORM: ~~.~ Robert M. Myers r~ City Attorney - 28 -