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PE mtastfrpt.1997-98MOU.bancroft pms
Council Meeting October 28, 1997
OCT 2 8 1997
Santa MOnica, California
TO Mayor and City CouncIl
FROM City Staff
SUBJECT Resolution Authorizing the Crty Manager to Execute a Memorandum of
Understanding with the Management Team Associates
INTRODUCTION
This report requests that Council adopt the attached Resolution authorrzlng the City
Manager to execute a Memorandum of Understanding (MOU) with the Management
Team Associates.
BACKGROUND
The current Memorandum of Understanding (MOU) with the Administrative Team
Associates expired on June 30, 1 997 As per the terms and condItIOns of the expired
MOU, negotiations With the Management Team Associates to replace the expired MOU
commenced and resulted In the attached MOU. This new agreement has been ratified
by the membership of the Management Team Associates
This agreement provides for a cost of living Increase for FY97-98, replaces the
city-paid deferred compensation plan contrrbutlon With an equal one-time adjustment
to base pay, replaces cashable management leave days With an equal amount of
management incentIve pay and makes some other minor non-economic changes
,Z,A
OCT 2 8 1997
BUDGET/FINANCIAL IMPACT
Funds are already Included In the budget for FY97-98 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
'-rrtas-f":n . 997 ~S'~iJ~
~
RESOLUTION NO 9211
(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 (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 Management Team Associates,
..
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 Monrca does hereby
approve and authorize the CIty Manager to execute the Memorandum of Understanding
executed 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
---
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, ,
':hAj/k,/~-,-f~ 0~~
MARSHA JONES MOUTRIE
CIty Attorney
Imta1997 1'8Solutlorl
Adopted and approved thIS 28th of October, 1997
t
~~.
prela O.Connor. Mayor
L Mana M Stewart. Crty Clerk of the CIty of Santa Momca. do hereby certIfy that the
foregomg ResolutIon 9211 (CCS) ,"vas duly adopted at a meetmg of the CIty CounCIl held on the
28th of October, 1997 by the follo,^,lng vote
Ayes
Councllmembers
Femstem. Genser. Holbrook, O'Connor
~oes
Councllmembers
None
Abstam
Councllmembers
None
Absent
Councllmembers
Ebner. Greenberg. Rosenstem
ATTEST
'-.
~ ._~ _ ~LL~n ^.\-
Mana M . Stewart. CItY-Clerk -
Ccnfrqcf # h &;;27 cc5.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MANAGEMENT TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum .. ........ 3
1.02 Purpose.......... .. ...... 3
1.03 Term of Agreement ........... 4
1.04 City Council Approval .......... 4
1.05 Recognlzed Employee Association Name 4
1.06 Scope of Representatlon......... 4
1.07 Full Understanding, Modlflcatlon and Walver 5
1.08 Management Rlghts Reserved...... 5
1.09 Peaceful Performance of Clty Servlce 6
1.10 Valldlty of Memorandum of Understandlng.. 7
1.11 Captions for Convenlence........ 7
1.12 Equal Employment and Non-Dlscrlmination. 7
1.13 Deflnltlons.... . . . . . . . . . . . . . . 8
1.14 Overpayment Remedy.............. ... 10
1.15 Payments at Termlnation......... 10
ARTICLE II:
COMPENSATION
2.01
2.02
2.03
2.04
2.05
2.06
2.07
Effective Date of Pay Increase. .
Salarles..... ..
Overtlme.... ...
Promotlonal Pay Rate
Reclassiflcations
Y - Ra t 1 ng . . . . . . .
Pay for Serving in a Higher
Job Classiflcation
12
12
13
13
13
14
14
ARTICLE III:
SUPPLEMENTAL BENEFITS
3.01 Health Insurance Programs........ ............ 16
3.02 Retlrement........ . . . . . . . . . . . . . . . . . . . . . .. 17
3.03 TUltlon Relmbursement ....................... 18
3.04 Supplemental Retirement Plans................. 19
3.05 Mileage Relmbursement and Energy
Conservatlon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
3.06 Mental Health Insurance. ...... .............. 20
3.07 Term Llfe Insurance..... . ............. 20
3.08 Long Term Disability Insurance........ 20
3.09 Recognitlon of Exceptlonal Performance. 20
3.10 Performance Based Increases ........ 22
3.11 Slck Leave Buy Back. . . . . . . . . . . . 22
1
ARTICLE IV: LEAVES
4.01 Paid Holldays. . ........ ............... 25
4.02 Vacatlon Leave...... ." ......... ...... 26
4 .03 Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
4.04 Leave of Absence Without Pay............ ...... 28
4.05 Mllitary Leave................................ 28
4.06 Workers' Compensatlon Leave................... 29
4 .07 Jury Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
4 08 Bereavement Leave .. ...... ............... 29
4 09 Management Incentlve Pay.. ...... ............ 30
4 10 Management Leave...... .......... ............ 30
4.11 Parental Leave.................. 31
4.12 Family and Medical Leave........ 31
4.13 work/Family Issues..... ...... 31
ARTICLE V; WORKING CONDITIONS
5 01 Safety and Loss Prevention......
5.02 Effect of Job Performance on Salary
5 03 Employee Parking.. .......
32
32
33
ARTICLE VI
EMPLOYER/~MPLOYEE RELATIONS
6.01 Payroll Deductions. . . . . . . . . . . . . . . . . . . . . . .. 34
6.02 Reasonable Not~ce. . . . . . . . . . . . . . . . . . . . . . .. 34
6.03 Grievance and Complaint Polley... 34
EXHIBIT A
38
2
ARTICLE I GENERAL PROVISIONS
1.01 Partles to Memorandum
This Memorandum of understandlng has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
City of Santa Mon~ca, WhlCh Ordlnance lS hereby
lncorporated by reference as If fully set forth herein,
and has been executed by the C~ty Manager on behalf of
management offlcials of the Clty and by the MANAGEMENT
TEAM ASSOCIATES (MTA) , and on behalf of employees
occupy~ng the llne-item full-tlme employment posltlon
clasSlflcatlons set forth ln Exhibit A WhlCh is attached
hereto and made a part hereof.
In the event new job classifications are created whlch are
proposed to be added to the MTA unlt I the Munlcipal
Employee Relatlons Officer will notlfy MTA prlor to the
Personnel Board and Clty Council considerations of the new
classifications Any classlflcatlons proposed to be added
to the unlt shall be mutually agreed upon ln wrltlng and
will become effective upon execution by the Pres~dent of
MTA and the Mun~clpal Employee Relatlons offlcer.
As of January 1 I 1992, the followlng posltlon
classificatlons will no longer be yepresented by MTA. Each
lncumbent In any of these classlfications who elected, as
of December 31, 1991, to be I1grand parentedll in MTA wlll
contlnue to recelve MTA beneflts, as set forth ln this
Agreement and any subsequent Agreements, as long as he/she
contlnues to hold the posltlon classiflcatlon ln question.
Event Facllltles Operations Supervlsor
Prlnclpal Communlty SerVlces Supervisor
1. 02
Purpose
The partles agree that the purpose of thlS MOU lS to
promote and provlde harmonlOUS relations, cooperatlon and
understandlng between the City and the employees covered
herelni to provlde an orderly and equltable means of
resolvlng dlfferences which may arlse under this
memorandum I and to set forth the full agreements of the
partles reached as a result of ffieetlng and conferring in
good faith regarding matters wlthin the scope of
representatlon for employees represented by MTA
3
1. 03
1. 04
1. 05
1. 06
Term of Agreement
ThlS Agreement shall be effectlve as of the 1st day of
July 1997 and shall remaln ln full force and effect untll
the 30th day of June 1998. It shall be automatlcally
renewed from year to year thereafter, unless either party
shall notlfy the other in wrltlng not later than March 1
of each year that lt deslres to terminate or modlfy thlS
Agreement, and speclflcally lndlcates requested
modiflcatlons In the event that such notlce 15 glven,
negotiations shall beglTI no later than April 1 wlth a
signed contract deslred July 1.
Clty Councll Approval
ThlS MOD lS of no force or effect whatsoever unless or
untl1 ratified and approved by resolution duly adopted by
the City Council of the Clty of Santa Monlca.
Recognlzed Employee Assoclatlon Name
The MTA lS hereby acknowledged as the Recognized Employee
Organlzatlon representing only the permanent 11ne-item
e~ployment positlon classlflcatlons set forth in Exhibit
A {whlch is attached hereto and made a part hereof}
pursuant to Sectlon 3.04 (c) of Ordlnance No. 80l (CeS).
It lS the mutual understandlng of the partles hereto that
acknowledgment of the MTA as the Recognized Employee
Organlzatlon:
A.
Does not preclude employees
posltlon classlflcatlons
themselves lndlvldually In
relations wlth the City.
such employment
representlng
employment
In
from
their
B. Does not preclude or restrlct the rlght of
management offlcials to meet and consult with
employees in such employment positlon
classlflcatlons concernlng thelr employment
relations wlth the City.
Scope of Representation
The scope of representation of the Recognized Employee
Organlzatlon shall lnclude all matters relating to
employment conditlons and employer-employee relatlons
includlng, but not Ilffilted to, wages, hours, and other
terms and condltlons of employment, except, however, that
the scope of representatlon shall not lnclude
4
1. 07
1. 08
conslderation of the me~its, necesslty, or organizatlon of
any serVlce or activity provlded by law or executlve order
and that the scope of representatlon shall be exerclsed or
performed in compliance with the provlslons of Ordlnance
No 801 (CCS).
Full Understandlng, Modlflcatlon and Waiver
The parties agree that each has had full and unrestricted
right and opportunlty to make, advance, and dlSCUSS all
matters p~operly withln the scope of representatlon as
outllned 1n Sectlon 2.05 of Ordlnance No. 801 (CCS) This
MOD constitutes the full and complete agreement of the
parties and there are no others, oral or written, except
as speclfled in thlS Agreement. The partles are not bound
by any past practlces or understandlngs of either party
unless such past practlces or understandlngs are
speclfically stated ln this MOD except that provlslons or
condltlons not speclflcally changed ln thlS or preVlOUS
MOU's shall be as prescrlbed by the C1Vll SerVlce
provlslons of the Santa Monica City Charter and the Santa
Mcnica Munlclpal Code. Each party, for the term of this
MOD, speclflcally waives the right to demand or petition
for changes herein, whether or not the subJects were known
to the partles at the tlme of executlon hereof as proper
subjects wlthln the scope of representation as outllned ln
Sectlon 2 05 of Ordlnance No 801 (CCS).
Management Rlghts Reserved
The Clty retalns all rlghts not speclflcally delegated by
thlS Agreement, lncluding, but not Ilmited to, the
excluslve right to.
A
hire, promote,
transfer, asslgn,
suspend,
schedule,
Dlrect, supervlse,
dlsclpllne, dlscharge,
and retaln employees.
B Relieve employees from dutles because of lack of
work or funds I or under condltlons where contlnued
work would be lnefflcient or nonproductlve.
C. Determlne serVlces to be rendered, operatlons to be
performed, utilizatlon of technology, and overall
budgetary matters.
D Determlne the approprlate Job classlflcations and
personnel by WhlCh government operatlons are to be
conducted.
5
1. 09
E. Determ1ne the overall mlssion of the unlt of
government
F.
Ma1nta1n and 1mprove the eff1c1ency
effectlveness of government operat1ons.
and
G Take any necessary actlons to carry out the mlSSlon
of an agency 1n sltuatlons of emergency.
H. Take whatever other act10ns may be necessary to
carry out the w1shes of the public not otherw1se
spec1f1ed above or by collective agreement.
Peaceful Performance of City Service
It 18 mutually understood and agreed that partic1pat1on by
any employee in a strike or a concerted work stoppage
term1nates the employment relat10nship in the absence of
specific written wa1ver of such terminatlon by an
authorized management off1C1al.
A It lS further understood and agreed that none of the
partles hereto wlll participate in, encourage,
ass1st or condone any str1ke, concerted work
stoppage, cessatlon of work, slow-down, sit-down,
stay-away, picketlng or any other form of
1nterference wlth or llmltatlon of the peaceful
performance of City serVlces.
B. In the event that there occurs any strlke, concerted
work stoppage, cessation of work, slow-down,
slt-doWTI, stay-away, plcketl~g or any other form of
lnterference with or llmltatlon of the peaceful
performance of Clty serVlces, the City, 1n addltlon
to any other lawful remed1es or d1sclpllnary
act1ons, may by action of the C1ty Manager cancel
any or all payroll deductions, proh1blt the use of
bullet1n boards, proh1blt the use of C1ty
faclllties, and prohlblt access to former work or
duty statlons
C Nelther the employee organizat1on, nor any person
acting ln concert with them, will cause, sanctlon,
or take part ln any strlke, walk-out, sit-down,
slow-down, stoppage of work, picketlng, retard1ng of
work, abnormal absenteelsm, wlthholdlng of serVlces,
or any other lnterference w1th the normal work
routine. The provisions of this Article shall apply
for the same term as this Agreement, or durlng any
renewal or extension thereof. Vlolation of any
prOV1Slon of thlS MOTI by the Recognized Employee
6
1.10
1.11
1.12
Organlzation shall be cause for the Clty, at ltS
sole optlon, to termlnate this Agreement in addlt10n
to whatever other remedies may be to the Clty at law
or in equlty
D The Clty agrees that there shall be no general
lockout of bargaining unlt members
Val1dlty of Memorandum of Understanding
If any provis1on of this MOU is determ1ned to be 1nvalld
or illegal by a court of competent Jurlsdlctlon, then such
provlslon shall be severed from thlS MOU, but the
remalnder hereof shall remaln In full force and effect.
The part1es hereto shall lmmedlately commence
to negotlate for the purpose of replaclng any such invalld
or illegal provision.
Should any change be made 1n any Federal or State law, or
in any rules and regulatlons lmplementing such
leglslation, or in any City Charter prov1s1on or Santa
Monlca Municipal Code prOV1Slon whlch would be applicable
and contrary to any provlsion hereln contalned, then such
provision of this MOU shall be automatically terminated,
but the remalnder of thlS MOU shall remaln In full force
and effect Such legislatlon and/or rules and regulatlons
shall supersede thlS MOD and appllcable clauses shall be
substltuted for those ruled 1nvalld or lllegal. The
partles hereto shall 1mmed1ately commence to negotlate for
the purpose of replaclng any such lnval1d or 11legal
provlSlon
Captlons for Convenlence
The captlons here1n are for convenience only and are not
a part of thlS MOD and do not 1n any way limit, deflne, or
ampllfy the terms and prOV1Slons hereof.
Equal Employment and Non-Discrlmlnatlon
It is agreed by both partles to this MOU that management
offlcials play a spec1al role in achlevlng equal
opportun1ty ln selecting, tralnlng, promotlng, and
dlsclplining employees. The partles hereto will work 1n
partnershlp wlth the Personnel Department to ensure full
compllance wlth the letter and spirit of all appllcable
local, State, and Federal laws, rules and regulations
governing equal opportunlty and with the Afflrmative
Actlon Program and Sexual Harassment Policy of the Clty of
7
1.13
Santa Monlca Wh1Ch are 1ncorporated by reference hereln
Both part1es acknowledge that progress In meetlng
aff1rmative actlon goals and the walntenance of a
harassment-free work enVlronment are appropr1ate
lnd1cators of performance of an employee subject to thlS
MOU. Both parties also agree to ablde by the requirements
of the Amerlcans with D1sablllties Act (ADA).
Deflnltlons
The follow1ng defin1tlons are to be appl1ed in the
lnterpretatlon of thlS MOU:
A. "Salary Range" shall mean the normal f1ve steps (A
through E) hourly or monthly pay scale (and the
bi-weekly equ1valent) asslgned to each employment
pos1t10n classificatlon within the C1ty work force,
unless changes to the payroll system make a range of
ten (10) steps possible, as described 1n Sectlon
3 10 of this MOU.
B "Salary Range Steps A through E" for each employment
pos1tlon class1flcation with1n the City work force
shall mean and be establlshed to bear the followlng
percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progresslon
through the range toward E step shall be lD annual
step 1ncrements cont1ngent on sat1sfactory serV1ce.
Step A - 81% of Step E
Step B - 85% of Step E
Step C - 90% of Step E
Step D - 95% of Step E
Step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount lS flfty (50) cents or less
and the next higher dollar when the computed amount
1S fifty-one (51) cents or more.
D. "Llne-item pos1tion" shall mean a poslt1on WhlCh is
(1) speclfically 1temized in the personnel schedule
of the annual budget of the C1ty of Santa
Monlca, and
8
(2) eliglble to accumulate vacatlon, slck leave and
other time off In proport1on to the percentage
of the full-time forty (40) hour week. Other
fr1nge benef1ts shall be provlded to part-time
employees covered herein as 1f they were
employed on a full-t1me basis.
E 11 Penranent Employees II shall mean:
(1 )
A person who 1S
llne-ltem posltion,
legally an incumbent of
full or part-t1me; or
a
(2) A former 1ncumbent of a line-item position on
author1zed leave of absence from a regularly
budgeted posltlon, which positlon 1S held
pendlng the employee's return.
The term "permanent employee" shall not be construed
to 1mply a guarantee of continued employment.
However, no permanent employee shall be denled the
right to those due process protectlons approprlate
to h1s/her status under the Municipal Code and City
Charter and applicable State law.
F. "Date of Entrance Annlversary" shall mean the date
wh1ch recurs annually after the date of entry into a
pos1t1on 1n the classifled service of the City of
Santa Monica, elther by original employment,
re-employment or promotlon. The date of entrance for
employees with broken serVlce shall be considered as
the date on wh1ch the last unbroken service was
effectlve.
G II Satlsfactory SerV1ce II shall mean the at talnment of
an overall rat1ng not less than II Competent II on the
performance report assoclated W1 th the employee 1 s
most recent date of entrance ann1versary.
H IIFull-T1me Work Weekll shall mean forty (40) hours.
(1) Incumbents of line-ltem pos1t1ons employed in a
work week less than that defined as the
full-t1me work week shall be compensated 1n
that proportlon of the compensatlon for
full-time employment as the number of hours
budgeted for that position bears to the
full-time work week; incumbents of line-item
posit1ons employed 1n a work week greater than
that deflned as the full-tlme work week shall
be compensated for hours in excess of the
full-time work week on the basis of and 1n
accordance w1th the prov1s10ns of the Article
9
1 14
1.15
hereof relatlng to overtime. Compensatlon
shall lnclude base salary, deferred
compensatlon and any other bonuses or sk1ll
pays provlded by th1S Agreement.
(2) Incumbents of llne-1tem pos1tions regularly
working less than the full-t1me work week shall
accrue vacation, sick leave and other tlme off
ln the same ratlo as the average number of
hours they work per week 1S to the full-tlme
work week for the posltlon occupled. Other
frlnge benef1ts shall be provided to part-time
employees covered herein as lf they were
employed on a full-time basls.
I "payll shall mean compensat1on for regular hours
worked, sick leave, vacatlon, bereavement leave,
holidays, management leave days, compensatory time
off and/or jury duty
J. urn Pay Status" shall mean earnlng pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month 1n whlch an employee, has been ln pay
status for eleven (11) or more working days
L. "Base Rate II shall mean the hourly rate for the
employee I s salary step excludlng any speclal
asslgnment, bonus pays or other compensatlon
Overpayment Remedy
Permanent employees covered here1n shall reimburse the
Clty for any overpayment of wages or benefits. Sald
reimbursement shall not be required untll the City
notifies the affected employee 1n wrlting Re1mbursement
may be accomplished by a lump-sum deductlon made on the
next subsequent employee payroll warrant following
overpayment not1f1catlon, or by other reasonable repayment
method mutually acceptable to the employee and the Clty,
except that the lump-sum deductlon shall be requ1red lf
the next subsequent employee payroll warrant 1S the flnal
or termlnatlon warrant lssued to the affected employee.
Payments at Terminatlon
When permanent employees covered hereln leave the serVlce
of the City of Santa Monica, they shall only be entitled
to lump-sum payoff of vacat10n leave and any unused
cashable floating hol1day. No claim shall be made aga1nst
10
the Clty for the use or payment of unused slck leave or
unused leave granted 1n lleu of cash payment for the
annual performance bonus, nor shall the effective date of
termlnat10n be extended by the use of slck leave, vacat10n
or other leave days.
11
ARTICLE II. COMPENSATION
2.01
Effect1ve Date of Pay Increase
Notw1thstand1ng any other prOV1Slon contalned here1n,
changes to the salary range and salary related beneflt
changes provided here1n shall become effectl ve on the
f1rst day of the payroll perlod closest to the effect1ve
date stated here1n If the effectlve date stated hereln
falls on the Sunday ln the m1ddle of a pay period, the
effective date shall be the flrst day of the following
payroll perlod
2.02
Salarles
Salarles of C1ty employees ln Ilne-1tem posltions shall be
on a monthly rate, pald on a bl-weekly equlvalent basls.
In lieu of the bi-weekly equ1valent to a monthly rate, the
C1ty Manager may I1X the compensatlon of any positlon at
an hourly rate. In positions for wh1ch the work week lS
forty (40) hours, the hourly rate shall be determined by
dlvld1ng the bi-weekly rate by eighty (80)_
A As of July 1, 1997, C1ty contrlbutlons lnto a 457
plan on behalf of employees covered herein shall be
d1scont1nued Instead, effect1ve July 1, 1997, each
step of the salary ranges establ1shed for posltlons
covered hereln shall be lncreased by an amount equal
to the City's current contrlbution into a 457 plan
on behalf of each MTA employee _ Th1S would be a
one-time adjustment to 1nclude as part of base
salary what was prevlously pald as a Cl ty-pald
contr1butlon into a 457 plan. The E-step salar1es
of the resulting salary ranges shall then be
adJusted by three percent (3%)
B. A given classif1cat1on covered by thlS MOU w111 be
ellglble to recelve an equlty adjustment prov1d1ng
that the compensation study conducted by the Clty of
Santa Monica substant1ates the need for an equ1ty
adjustment to br1ng the salary range of that
classlflcat10n 1n Ilne wlth the mean salary pald to
the same classlflcat10n found 1n comparable c1tles.
The Clty wlll be willlng to receive and evaluate any
salary compar1son data that MTA m1ght want to make
avallable regarding an equity adjustment for a glven
classificat1on. Should a compensat1on study lndlcate
that a glven Job classlfication is currently being
12
2.03
2 04
2.05
pa1d above the mean salary pald to che same
class1f1cat1on found 1n comparable c1t1es, the
salary range of that class1fication w111 rema1n
unchanged. Internal equity factors w1ll also be
taken 1nto consideration, as deemed approprlate by
the City, when determlnlng whether or not an equ1ty
adJustment for a glven classification lS warranted.
Equity adjustments descrlbed hereln w111 be
considered on an annual basls, elther as a part of
the annual budget process If no MOD negot1atlons
should be occurr1ng during the year or as a part of
the MOD negotlat1ons process should the MOD be up
for negotlat1on.
Overtl.me
Employees coveTed herel.n are exempt employees as def1ned
by the Fal.r Labor Standards Act (FLSA) as FLSA 1S applied
to publl.c agency employees. As a result, employees coveTed
here1n wl.ll not have to account fOT thelr work time on an
hourly basis and will only need to account for each full
day of absence whl.ch occurs on a regularly scheduled work
day. Employees covered herel.n, as exempt employees, w111
noc be el1g1ble to accrue compensatory t1me or be pal.d
overtlme.
Promotlonal Pay Rate
If a permanent employee covered herein is promoted and
hls/her salary 1S equal to or greater than the entrance
salary of the promot1onal class1f1cat1on, the employee's
salary shall be increased to the next higher salary rate
which prov1des a mln1mum f1ve (5) percent salary increase,
provlded, however, that ln no event shall the salary rate
exceed the maX1mum salary rate for the new classiflcatlon
In the event the promotion is to a supervl.sory position,
the employee promoted shall receive not less than the next
higher salary rate WhlCh provides a mlnlmum flve (5)
percent 1ncrease above the hlghest salary rate being pa1d
to any subord1nate, provlded, however, that ln no event
shall the salary rate exceed the maXlmum salary rate for
the new classificatlon
Reclass1f1cat1ons
A reclasslfication of a permanent employee covered hereln
to a higher level Job classlflcatlon wl.ll be consldered a
promotlon and the employeefs salary shall be increased to
the hlgher salary rate in the new classif1cat1on which
prov1des a m1n1mum of f1ve (5) percent salary lncrease,
13
2.06
2.07
prov1ded, however, that In no event shall the salary rate
exceed the maximum salary rate for the new class1f1cat1on.
A reclass1flcation of a permanent employee covered hereln
to a lower level Job clasS1f1catlon wlll not be considered
a demot1on, and the salary of the affected employee shall
rema1n at the same level until the salary range of the new
classificat10n equals or exceeds the Y-rated salary. The
employee shall be represented by the barga1nlng unit WhlCh
represents the job class1f1catlon to WhlCh the affected
employee has been reclasslf1ed and the employee shall be
covered by the terms and conditions of the Memorandum of
Understand1ng between the City of Santa Mon1ca and that
bargaining un1t
Y-Rating
When a personnel actlon, e g., demotion due to layoff or
reclasslfication, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee I s salary may be Y-rated. "Y-rated"
shall mean the malntenance of the employee's salary rate
at the level effective the day preced1ng the effective
date of the personnel act10n placing the employee in a
lower salary range. The employee's salary shall rema1n at
such level untll the salary range of the new
classlf1catlon equals or exceeds the Y-rated salary. Any
MTA member whose poslt1on 1S abollshed shall be demoted to
the highest pos1t1on under the member's supervislon for
which he/she qualifl.es and subJect to the "Y-Rating"
provisions above. The employee shall be represented by
the bargalnlng unlt WhlCh represents the Job
class1flcatlon to which the affected employee has been
transferred as the result of a personnel actlon and the
employee shall be covered by the terms and condltions of
the Memorandum of Understand1ng between the City of Santa
Monlca and that bargalning un1t.
Pay for Serving in a H1gher Job Classlflcat10n
When, in the determinat10n of the Department Head or Clty
Manager, lt is necessary to spec1flcally ass1gn an
employee the slgn1flcant duties and responslb1l1tles of a
hlgher classlflcatlon, the employee so asslgned shall be
compensated as follows:
A. If the posltlon 1S temporarily vacant due to the
vacat1on, long-term slck leave or other temporary
absence of the employee in the h1gher
classif1cat1on, w1th sa1d absence to be a mlnimum of
twenty (20) consecutive work days, the employee
14
temporarlly ass1gned shall receive the salary ra~e
for the vacant classiflcatlon at the lowest salary
step which provldes an lncrease of at least flve (5)
percent over hls/her current salary for all such
work days asslgned ln the hlgher classlf1cation. If
the asslgnment was not projected to be a minimum of
twenty (20) consecut1ve work days, but ends up belng
at least twenty (20) consecutive work days ln
length, the employee fllllng that hlgher
classlficatlon will receive the h1gher rate of pay,
as spelled out in this section, retroact1ve to the
f1rst day of the asslgnment The C1ty shall not
rotate employees 1n and out of the higher position
claSSlflcat10n asslgnments ln order to avold paY1ng
sald compensatlon.
B. If the posit~on to be fllled lS vacant and there 1S
no valld ellglble list for the classification, the
Department Head or Clty Manager, if he/she has
1nltlated procedures to flll the vacancy on a
permanent basls, may assign an employee who meets
the minimum quallflcat10ns of the vacant pos1tlon to
flll the positlon on a temporary detall (act1ng)
basis. The employee so asslgned shall rece1ve the
salary rate for the vacant classlflcatlon at the
lowest salary step WhlCh provldes an increase of at
least flve (5) percent over hls/her current salary.
If an eligible list exists for the vacant pos1tlon,
the Department Head shall appolnt an employee from
the ellg1ble Ilst at the earliest possible date, and
the provlsions of this paragraph shall be appllcable
to the employee assigned to cover the vacancy in any
lnterlm perlod
Nothing ln thls sectlon shall require the Clty to
make temporary assignments of employees.
15
ARTICLE III. SUPPLEMENTAL BENEFITS
3 01
Health Insurance Programs
A. Medical Insurance
Effect1ve July 1, 1997, the City agrees to pay up to
a maximum of $475 per month towards the cost of
medlcal insurance coverage for employees and
ellgible dependents provlded that employees covered
herein partlclpate ln the City-offered medlcal
insurance programs The cost of medlcal 1nsurance
coverage w1ll be set each medical plan year and wlll
be a "composlte" monthly premlum derived by d1v1d1ng
the total monthly premium for all medlcal plans
offered by the City, except the PERS PORAe medical
plans or any other PERS medlcal plans, by the total
number of employees enrolled ln sald medlcal plans
as of the beglnnlng of the medical plan year. Any
extra payment requlred under such plans shall be
pald by the employee electlng such coverage.
The Clty and MTA agree that employees should benefit
from any prem1um savlngs WhlCh accrue from the
implementat10n of a new health insurance program
(Trlple Optlon Plan + Kalser) in 1994. The
follow1ng procedure will be utillzed to determ1ne
sav1ngs, If any, and, in the event of savings, how
sald savlngs will be distrlbuted
(1) The actual med1cal 1nsurance premium costs for
1993 for non-safety employees shall be compared
against the Clty'S actual premium costs for the
new Trlple Optlon Plan + Kalser for those same
employees
(2) If there should be any premlum sav1ngs between
1993 and 1994, each employee's share of the
savlngs w1l1 be determined by d1 v1dlng the
total amount of the savlngs by the total number
of C1ty employees (non-safety) part1c1pat1ng 1n
the Clty'S medical insurance program. Each
employee's share of any sav1ngs wlll be paid to
the employee by no later than March 1, 1995.
Prior to th1S payment, the C1ty will meet and
confer with MTA and the other C1ty barga1nlng
unl ts to determine the method by which sald
payment wlll be made (e g., lump sum,
contr1butlons to deferred compensatlon plan,
etc.) .
16
3.02
In the event the med1cal insurance premlums for the
Trlple Option Plan for 1995, and any subsequent
calendar year, should be less than the actual Clty
med1cal insurance prem1ums for 1993, the sav~ngs
wlll be handled in accordance w1th the same
procedure, outlined above, w1th the payment being
made to the employees by no later than March 1 of
the followlng calendar year.
Upon written notiflcatlon from MTA, the City shall
establ1sh a Post Employment Health Plan (PEHP) for
employees covered hereln. There shall be no Clty -
pa1d contr1butlons lnto the PERP. Contributlons to
said plan shall be made by MTA employees through
payroll deductlon. MTA shall notlfy the Clty as to
the amount which will be contrlbuted by each MTA
employee lnto the PEHP.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to the employees and thelr eligible dependents
prov1ded that employees covered hereln partlc1pate
ln the City-offered dental lnsurance programs.
C. Vlsion Insurance
The City agrees to contlnue to provlde vision care
1nsurance, at no cost, to employees covered herein.
The City retalns the rlght to select the prov1der
and to set the levels of coverage for said V1Slon
care insurance plan. The City also reta1ns the right
to change the provlder of sald vision lnsurance plan
and/or the level of benefits provlded under that
plan without meetlng and conferrlng.
Retlrement
The C1ty lS a contract member of the Public Employees'
Ret1rement System, and 1t lS understood and agreed that
such membershlp wlll be maintained and that employee
ellglblllty classlflcatlon, contrlbution, and benef1ts are
as prescr1bed ln the contract between the Clty and the
PubllC Employees' Ret1rement System heretofore approved by
the C1ty Counell. The City shall contlnue to pay on
behalf of each permanent employee covered hereln one
hundred (100) percent of the indlvldual employee's share
of the requ1red ret1rement contrlbutlons to PERS [seven
(7) percent of the employee's IIcompensatlon" as def1ned by
PERS leg1s1ation] for the term of thlS MOU.
17
3 03
These payments are not 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 w111 not treat these
payments as ordlnary 1ncome and thus, wlll not wlthhold
Federal or State lncome tax therefrom. The City'S practice
wlll be to report these payments as being those of the
employees so that they wlll be credlted to the particular
employee's lndlVldual account wlth PERS and upon
termlnatlon will belong to the employee.
It 1S agreed that lf State and/or Federal procedures
requlre reporting of these payments in any other manner,
the part1es w111 ab1de by such requlrements.
TU1tlon Relmbursement
The City will budget annually sufficient funds to prov1de
each permanent Ilne-1tem employee of the MTA tUltlon and
requlred study material reimbursement for career
improvement or Job enhancement courses approved by
authorized department management officlals and subJect to
appeal to and approval of the Dlrector of Personnel.
Reimbursement shall equal the total cost of tUltlon
(exclus1ve of lodglng and meals) and the total cost of
requlred study materials, provlded, however, that:
A. The maximum annual amount of relmbursement per
indlvldual employee shall not exceed one thousand
dollars ($1,000 00).
B. The course of study must be approved ln advance by
authorlzed department officials and the D1rector of
Personnel.
C The course must be dlrected to qual1fy the employee
for an employment posltlon represented in the City
work force or to enhance current job skllls.
D. The employee must exhlblt some reasonable
expectatlon of quallfying for the new pos1tion upon
successful completion of the study course lf that
was the reason for the course.
E Relmbursement shall be made upon successful
complet10n of the preauthorlzed course and upon
presentat10n of recelpts and proof of satisfactory
course completion.
F.
shall
there
be
ald
the
lS
C1ty'S relmbursement
an outs1de source of
In no
reduced
event
when
18
3 04
3.05
except in those cases where the a1d from any outslde
source, plus the normal Clty rel~bursement, exceeds
the cost of tUl::'lon and study material for the
approved study course.
G Only employees who have completed a probat1onary
period Wl th the City shall be ellglble for th1S
program.
H. Courses for which tU1tlon re1mbursement w~ll be made
must be taken on the employeeTs time or on
authorlzed vacation leave
I. The procedure to be followed with regard to the
adm1nlstratlon of the tUltlon reimbursement program
shall be establ1shed by the Personnel Department.
Supplemental Retlrement Plans
The City shall establish and maintain a deferred
compensatlon plan pursuant to the provisions of Sectlon
457 of the Internal Revenue Code of 1986, as amended
Each employee covered herein, at his or her sole
discretion, may defer and have deposited into the City's
457 plan a port1on of hlS or her compensatlon up to the
maximum amount permltted by law. The clty-pald
contrlbut1on of $400 per month on behalf of each employee
covered here1n 1nto the deferred compensatlon plan shall
be discontlnued as of June 30, 1997.
The City shall establlsh and malntaln a pension plan
pursuant to the provisions of Section 401 (a) of the
Internal Revenue Code of 1986, as amended Each employee
covered here1n has agreed to contribute four hundred
dollars ($475) per month into the 401 (a) plan. Th1S
contr1butlon wl11 not reduce the employee's compensatlon
for the purpose of calculatlng performance bonuses or any
other payments WhlCh are based on the employee's base rate
of pay.
Mlleage Reimbursement and Energy Conservat1on
Reimbursement to permanent employees covered herein for
the authorized use of personal automob1les on C1ty
business shall be at the rate authorized by the City
Council. Reimbursement rates wlll be consldered ln
prepar1ng budget recommendations at least every two (2)
years.
Santa Monica Mun1c1pal Bus Llne tokens, to a maximum of
twenty (20) tokens per month, will be prov1ded to any
19
3.06
3 07
3.08
3 09
employee covered herein who SUb~lts, on the Clty form, a
record of his/her trlps (home to work slte, or work slte
to home) during the preced1ng month The Santa MonJ.ca
Municipal Bus Llne route number and the bus number used
for each trJ.p must be entered on the relmbursement form.
Any employee who has not been lssued a Clty parklng pass,
or who voluntar1ly turns ln his/her park1ng pass, shall be
elJ.g1ble to recelve forty (40) tokens per month under the
terms descr1bed above.
Mental Health Insurance
The City agrees to provide mental health 1nsurance
coverage, at no cost, to permanent employees and thelr
el1g1ble dependents prov1ded that employees covered herein
participate 1n the City-provlded mental health lnsurance
program
Term-Llfe Insurance
The Clty agrees to ma1ntaln at no cost to the employee a
term llfe insurance plan for permanent employees covered
herein, wlth individual coverage of tWJ.ce the employee's
annual base salary
Long Term Dlsabllity Insurance
The C1ty agrees to mainta1n a long term disablllty plan
for permanent employees covered herein, at no cost to the
employee. Coverage shall be maintained under current
terms. The maXlmum salary upon which beneflts are
calculated shall be $6,667.00 per month.
Recogn1t1on Of Exceptlonal Performance
Exceptional performance beyond the establlshed goals and
obJectives for employees covered herein may result ln a
cash performance incent1ve of one (1) percent to ten (10)
percent of the employee's annual salary for the past
fiscal 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 retlreffient contrlbut10ns.
Employees below the E-step of the salary range may receive
a mer1t step 1ncrease or a cash bonus for exceptlonal
performance, but may not receive both ln a glven contract
year.
20
A mer1t pool, no~ to exceed SlX (6) percent of the base
salar1es of employees covered here1TI shall be establ1shed
annually from which any and all such payments shall be
made. Nothlng hereln shall be construed as requiring that
all pooled funds be dlstrlbuted ln any year.
If an employee recommended for a cash payment prefers, the
Department Head may provide time off ln lieu of all or
part of the cash payment provlded that the value of the
above alternat1ve shall not exceed the cash payment
originally proposed and the "mer~t pool" shall not be
cons1dered to be lncreased by vlrtue of election of this
alternative. An employee who elects to rece1ve leave 1n
11eu of cash payment must use said leave by the end of the
fiscal year ln whlch the leave 1S granted. Any leave
WhlCh is not used by June 30 of that flscal year shall be
forfe~ ted. When a permanent employee covered herein
leaves the serVlce of the Clty of Santa Monica, he/she
shall not be entitled to a lump-sum payoff of any unused
leave granted 1n 11eu of cash payment for an annual
performance bonus.
The program procedures shall include, at a minimum, that
Department Head recommendatlons with appropr1ate
justlficatlon be forwarded to the Clty Manager by July 31
of each year and that the City Manager and Director of
Personnel review the department recommendatlons for
consistency and resolve resource problems if the
recommendatlons total more than the available funds by
August 15. The final recommendations of the C1ty Manager
will be made and commun1cated to the employees and thelr
Department Heads during the last week ln August and
payment shall be made by September 15.
If, In the opinion of the C1ty Manager, no cash payment 1S
warranted by an employee's performance, the employee shall
have the opportun1ty to present, within ten (10} days of
notlflcatlon that no payment is due, addlt10nal
lnformation that mlght alter the Clty Manager's decision.
The declsion of the Clty Manager, after conslderation of
any such add1tlonal lnformat~on, shall be final and no
appeal may be taken therefrom. The amount of payment is
not subJect to appeal
It is expressly understood and agreed that the performance
lncent1ve payments described in this Section do not
constltute a generally granted increase under Sect10n 1100
of the Clty Charter and Section 2.04.680 of the Santa
Monlca Munlclpal Code and that denial of such payment does
not constltute a demotlon.
21
3.10
3 11
Performance Based Increases
If during the term of thlS MOU, the payroll syste~ has
been changed by the City to prov~de for a ten-step salary
range, the range adopted shall be as follows:
"A"
"AlII
"B"
"Bltl
"CII
II Cll]
liD"
IIDlll
liE II
80 0% of Step "E"
82 5% of Step "E"
85 O%- of Step "E"
87 5% of Step "E"
90.0% of Step "EIT
92.5% of Step "E"
95.0% of Step "E"
97.5% of Step ITE"
100.0%
Steps "All1,1I IIB1"/lTel", and "Dl" shall be referred to as
"lnterlffi steps."
Normal progression through the range shall be as provided
1n Sect10n 5.02, lIEffect of Job Performance on Salary." On
an employee's anniversary date, the Department Head may
elect to grant an 1ncrease to an lnterlm step, rather than
to the next full step, 1f performance is rated Improvement
Needed or Unacceptable. A Department Head may elect to
grant an 1ncrease of one full step plus one lnterim step
on the employee's annlversary date If performance 1S rated
above average or better. In no event may such ~ncreases
exceed the E-step of the salary range for the employeels
class1f1catlon.
Slck Leave Buy Back
Employees covered hereln shall have the annual option to
be pa1d for certaln unused slck leave on the terms noted
below or to "bank" unused sick leave
Payment at the employee's base rate for the fiscal year
during which the slck leave was earned but not used shall
be made only to employees on the payroll as of June 30 of
that f1scal year To quallfy for payment an employee must
have a slck leave IT bank " of twelve (12) days. For the
purposes of this sectlon, "bank" shall mean sick leave
earned 10 pr~or years and reported ~n the 11 Sick Leave
Balance Brought Forward from Pr10r Contract Year" column
of the "Vacatlon, Slck Leave and Compensatory Tlme" report
~ssued by the Finance Department at the beginning of the
f1scal year durlng which payable slck leave is earned.
22
Annual slck leave payoffs under thls Section for employees
wlth less than ten (10) years of serV1ce shall be made
according to the follow1ng schedule
Sick Leave Days Used
In the Flscal Year
Slck Leave Days Payable
At Flscal Year End
2 or less
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual slck leave payoffs under this Sectlon for employees
wlth ten (10) or more years of service shall be made
accord1ng to the follow1ng schedule, provlding there are
enough slck days accrued lTI the employee's slck leave bank
to cover the payoff described below'
Slck 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 is mutually acknowledged by the parties that the use of
Code 40 or other tlme off not appropr1ately scheduled 1n
advance will disqual1fy an employee from eligibility for
payment under th1S sectlon. An exceptlon to this
provislon would be the use of Code 40 for tlme off ln
accordance with the Fam11y School partnershlP Act, as
descrlbed ln Sect10n 4 13 of thlS Agreement.
Slck leave for whlch payoff lS recelved shall be
cons1dered nused" 1n that 1t w111 not be added to the
n bank II (or lf added to the "bankn prlor to the payoff date
shall be removed from the nbankn).
23
Slck leave payoffs under this sect10n shall be made by
separate check by the end of July follow1ng the f1scal
year 1n which the payable sick leave was earned
For the purposes of this sect1on, slck leave days subJect
to payoff at the end of the f1scal year shall be pa1d on
the basls of eight (8) hours pay, at the employee's base
salary rate of pay, for each sick leave day eligible for
payoff.
24
ARTICLE IV: LEAVES
4 01
Paid Holldays
Employees covered hereln shall receive pald holidays as
provlded below:
New Year's Day - January 1
Martln Luther Klngts Blrthday - Third Monday in January
Pres1dents Day - Th1rd Monday 1n February
Memorlal Day - Last Monday ln May
Independence Day - July 4
Labor Day - First Monday 1n September
Thanksgiving Day - Fourth Thursday in November
The Fr1day follow1ng Thanksg1v1ng Day
The Half-Day lmmed1ately before Christmas Day
Chrlstmas Day - December 25
The Half-Day lmmed1ately before New Year1s Day
One (1) non-cashable floatlng hol1day
One (1) cashable floatlng hollday
All other holidays declared by the Clty Council
A non-cashable floatlng hollday becomes available as of
January 1. Only those employees who are on the payroll as
of January 1 shall be entltled to receive the non-cashable
float1ng hollday for that fiscal year. The non-cashable
floatlng hol1day must be taken before the end of the
flscal year. If the non-cashable hollday lS not taken by
the end of the fiscal year, the hol1day cannot be cashed
out and is forfe1ted
A floatlng hollday becomes avallable at the beginning of
each flscal year a~d must De taken before the end of that
flscal year. Only those employees who are on the payroll
at the beginning of the fiscal year shall be entitled to
recei ve the floatlng holiday for the fJ.scal year. A
floating holiday not taken by the end of the f1scal year
may be pald to the employee lf the employee enters the day
on hJ.s/her flnal time card for the flscal year. If the
employee elects to be pald for the floatlng holiday at the
end of the f1scal year, he/she will be paid eight (8)
hours of pay at the employee's base salary rate of pay
Fallure to take the floatlng hol1day or to put the holiday
on the last tlme card for the f1scal year shall constitute
a forfelture by the employee.
Whenever any day Ilsted hereln as a paid hol1day falls
upon the flrst or second day off of any employee who has
two (2) consecutlve days off, the day precedlng shall be
deemed the holiday if it falls on the flrst day off, and
the day followlng shall be deemed the hollday lf lt falls
25
4.02
on the second day off In 11eu of the day llsted. Whenever
any day Ilsted here1n as a pald hollday falls upon any day
off of an employee who does not have two (2) consecutlve
days off, the follow1ng day shall be deemed the holiday
for such employee.
Employees in departments or dlvisions observ1ng dlfferent
holiday schedules shall, 1n 11eu of holldays llsted above,
receive holidays enJoyed by other operat1ng employees ln
that department o~ division, prov1ded, however, that the
same nurriller of holldays [twelve (12)] shall be observed.
Vacatlon Leave
Employees covered herein shall accrue vacat10n leave wlth
pay on the following bas1s.
A. Followlng completion of the flrst SlX (6) calendar
months of contlnuous service, SlX (6) worklng days.
B.
Thereafter, up to and includlng flve
years of serVlce, one (1) work1ng
completed calendar month of serVlce.
completed
f or each
(5 )
day
C Thereafter, up to and 1ncluding ten (10) completed
years of serV1ce, one and one-quarter (1.25) worklng
days for each completed calendar month of serV1ce.
D Thereafter, up to and lncluding f1fteen (15)
completed years of serVlce, one and one-half (1.5)
working days for each completed calendar month of
serVlce.
E. Upon completlon of f1fteen (15) years of service and
thereafter, one and three-quarters (1 75) worklng
days for each completed calendar month of service
F. At the Clty Manager's discret1on, a new City
employee who 1S covered by this bargalnlng
agreement, based on the terms and condlt1ons of the
employee 1 s previous employment r may be granted a
vacatlon accrual rate Wh1Ch exceeds that llsted
above.
G. Employees are expected to take their vacation each
year. An employee who has accrued vacatlon to the
maX1mums prescrlbed herein may be required to take
vacation leave ~n order to reduce the accumulatlon
balance. The schedullng of vacation shall be
according to department or dl vlsion pol1c1es and
contingent on the serV1ce needs of the department.
26
4 03
If an employee lS denlea the t1me off requ1red to
malntaln a vacat10n balance below the maximum
allowed, the Department Head shall author1ze payment
to the employee for such vacatlon as would exceed
the maXlmum accumulatlon Ilmlt. However t lf the
employee is scheduled to take vacatlon and falls or
refuses to do so, he/she forfeits the excess accrual
wlthout compensation.
H. Accrual of vacatlon leave shall not exceed three (3)
t1mes the employee1s annual accrual of vacat1on.
I. Except as provlded hereln, the admlnlstrat10n or
appllcatlon of vacatlon leave provlslons and the
llmltat10ns on the accumulat10n, proportlonate
accumulatlon, schedullng and payment for such leave
shall be as prescr1bed 1n the C1Vll SerVlce
provisions of the Santa Monica Munlclpal Code.
J If an employee covered hereln should recelve a
payoff for any unused accrued vacation days, said
days shall be paid on the basis of elght (8) hours
pay, at the employee's base salary rate of pay at
the t1me of the payoff, for each vacatlon day
ellglble for payoff.
SlCK Leave
A. The use of sick leave shall be defined as ln Sectlon
2.04.570 of the Santa Monlca Municlpal Code, hereby
1ncorporated as lf set forth in full here1n, except
as follows
Slck leave shall be deflned as absence from duty
because of the employee's illness or off-the-)ob
In)UrYt exposure of the employee to contaglous
d1sease as eVldenced by certlflcat10n from an
accepted medical authority, or medical or dental
appo1ntments of the employee which could not be
scheduled dur1ng non-work hours, w1th proper advance
notlficatlon to the Department Head.
B Employees covered hereln shall accrue slck leave
w1th pay on the followlng basls, prov1ded that
permanent part-t1me employees shall accrue slck
leave ln that proportion as the number of hours
budgeted for the posltlon bears to the full-time
work week:
27
4 04
4.05
(1) Followlng the completlon of the f1rst SlX (6
calendar months of contlnuous serVlce, SlX (6
worklng days
(2) Thereafter, one (1) working day for each
completed calendar month of serVlce.
(3) At the C1ty Manager's discretlon, a r..ew Clty
employee who lS covered by this barga1Dlng
agreement, based on the terms and condlClons of
the employee's prevlous employment, may be
granted a lump sum number of slck leave days
upon his/her employment w1th the City of Santa
Monica.
C. The foregoing benef1ts are cumulative subJect to the
following restrlctlons
(1) No more than one-hundred-thirty (130) worklng
days may be applied against slck leave for any
one (1) 11lness.
D. Any employee who is absent because of slckness or
other physical disability shall notify his/her
Department Head or other immediate super10r offlcer
as soon as poss~ble but ln any event in accordance
w1th department rules and regulations.
Leave of Absence Wlthout Pay
A permanent employee covered herel~ may be granted a leave
of absence without pay upon appllcatlon approvec by the
Department Head and the City Manager. Such leave may not
exceed one (1) year's tlme. Upon expirat10n of the leave,
the employee shall be relnstated to the positlon held
before the leave was granted Such leave shall be granted
only ln those cases where an employee's record of servlce
and qualif1cations make 1t des1rable for the C1ty to
reta1n the employee's serVlces even at the cost of some
1nconvenience to the Clty
Mllltary Leave
The City will observe the mll1tary leave require~ents of
State and Federal law.
28
4.06
4.07
4.08
Workers I Compensatlon Leave
Employees covered hereln hlred by the Clty on or before
June 30, 1985, rece1v1ng dlsabll1ty payments under the
Workers' Compensatlon ACL of Californla shall recelve the
difference between the disability payments under the Act
and full salary durlng the flrst nlnety (90) days of such
disablllty absence
Employees covered here1n hlred by the Clty on or after
July 1, 1985, shall be entltled to only those Workers'
Compensatlon benef1ts speclfled under State law and shall
receive no salary from the Clty durlng a leave for
1nJur1es covered by the Workers' Compensatlon Act
Jury Duty
Employees covered hereln, when duly called to serve on any
Jury and when unable to be excused therefrom, shall
rece1ve the regular base compensat10n less all Jury fees
rece1ved excluding mileage for the t1me requ1red to be
spent ln court provided that an lndlvidual employee wlll
be so paid for Jury serVlce only once every three (3)
years and shall make every effort to cooperate with any
request by the Department Head to request a delay in JUry
service to accommodate 1mportant department work ln
progress Each ewployee recelv1ng a notlce to report for
Jury serVlce shall immed1ately notify his/her lmmedlate
superVlsor.
Whenever daily jury duty scheduling permlts, employees
shall return to thelr regular dally job asslgnment to
complete their regular daily work hours.
Bereavement Leave
Bereavement leave of not more than five (5) working days
w1th pay shall be provlded for absence from duty due to
the death of a member of the employee's famlly or
the employee r s household. For the purposes of thls
sectlon, ~family" shall lnclude spouse, child, brother,
sister, parent, parent-ln-Iaw, son-ln-law, daughter-ln-
law, step-parent, step-brother, step-sister, brother-in-
law, slster-ln-law, grandparent, grandch11d, spouse of
child, spouse of step-child, step-parent of spouse, uncle,
aunt, n1ece and nephew
29
4.09
4.10
Management Incentlve Pay
For thelr normal dutles and ln recognition of the unique
responslbilitles of thelr Jobs, each employee covered
hereln w1th less than fifteen (IS) years of serVlce shall
rece1ve up to sixty-four (64) hours of management
incentive pay per flscal year. The management lncentlve
pay shall be accrued on a quarterly basls, with one-
quarter, or sixteen (16) hours, of the total maXlmum
allotment for the flscal year accTU1ng as of the flrst day
of each quarter of the fiscal year. An addltional elght
(8) hours of management incent~ ve pay per f1scal year
shall be granted to all covered employees wlth flfteen
(IS) or more years of serVlce For employees with flfteen
(IS) or more years of serVlce, management 1ncent1ve pay
shall be accrued on a quarterly basls, w1th one-quarter,
or eighteen (18) hours, of the total maXlmum allotment for
the f1scal year accruing as of the f1rst day of each
quarter of the flscal year.
Only those employees who are on the payroll at the
beglnn1ng of the quarter shall be ellgible to accrue the
management lncentive pay for that quarter. The management
lncent1ve pay wlll be paid on a quarterly basis at the
beginning for the quarter in which 1t lS accrued. The
management incentive pay w111 be pald at the employee's
salary rate ln effect at the beginning of each quarter.
The Clty shall pay all PERS contrlbutlons due on thlS
compensatlon For each participant, no more than SlXty-
four (64) hours, for employees wlth up to fifteen (lS)
years of service, or seventy-two (72) hours for employees
wi~h fifteen (lS) or more years of serVlce, of management
lncentl ve pay will be reported to PERS In any gl veil
twelve-month period.
The management lncenti ve pay w~ll not accrue from one
f1scal year to another. No employee covered hereln shall
be entitled to take leave 1n lleu of management lncentlve
pay.
Management Leave
Each employee covered hereln shall be entitled to two (2)
non-cashable management leave days. The two (2)
non-cashable management leave days shall be available July
1 of each flscal year An employee must be on the payroll
as of July 1 ~n order to be ellglble to receive the two
(2) non-cashable management leave days for that f1scal
year. These two (2) non-cashable management leave days
shall not be accruable from year to year if not used in
any glven flscal year, nor shall the employee be
30
4.11
4 12
4 13
compensated for unused non-cashable management leave days
at the end of the f1scal year. ~~y unused non-cashable
management leave day(s) shall be forfeited at the end of
the f1scal year.
Parental Leave
Employees who demonstrate that they have prlmary
responsibility for the care of a new child shall be
ent1tled to a leave of absence totallng four (4) months
lmmedlately follow1ng the chlld's blrth or adoptlon and
shall be returned to the same line-item posltlon occupled
pr10r to the leave upon 1 ts exp1ration. Paid vacation
leave and slck leave, 1f applicable, as well as unpald
leave shall be counted toward the four (4) month total
Addlt10nal leave may be requested under the prOV1S1ons of
Sectlon 4.04 of th1S MOU
Maternlty leave lS not the same as parental leave and
shall be administered in accordance w1th State and Federal
law.
Famlly and Medlcal Leave
The City hereby agrees to lmplement famlly and medlcal
leave 1n accordance with the California Family Rights Act
(CFRA) and the Federal Famlly and Medical Leave Act (FMLA)
for all employees covered hereln. These statutes shall
supersede and be lmplemented 1n lleu of any contract
language or Clty pollcy/practice WhlCh provides a lesser
beneflt.
Before the issuance of any adm1nlstratl ve regulatlons
pertaining to leave under the CE'RA or FMLA, the City
agrees to discharge its meet and confer obligation with
MTA.
Work/Fam11y Issues
The City of Santa Monlca will comply wlth the Fam1ly
School Partnersh1p Act, set forth in State Labor Code
Section 230.8, as 1t pertains to public sector employers.
31
ARTICLE V. WORKING CONDITIONS
5.01
Safety and Loss Prevent10n
The Clty shall provlde a reasonably safe and healthy
working enVlronment 1n accordance w1th appllcable State
and Federal laws, rules and regulations. MTA agrees that
where safety devlces or 1tems of protect1ve equ1pment are
requlred or furnished, thelr use shall be mandatory.
Both part1es recognize the role that management officlals
play ln loss preventlon and safety and agree that measures
of loss prevent10n and safety are appropr1ate indlcators
of performance of an employee subJect to thls MOD.
It 1S mutually agreed that a representatlve of MTA may
attend meetlngs of the Adrninistratlve Safety Commlttee
when, in the oplnJ.on of such representatlve, a safety
hazard exists WhlCb should be considered by the
Admin1strat1ve Safety Commlttee.
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 at one (l) year of employment,
C-Step at two (2) years of employment, D-Step at three (3)
years of employment and E-Step at four (4) years of
employment.
The City Manager, ln exceptional cases, based upon
specif1c appraisal of the lmportance and difficulty of the
work and the experience and abillty of the person to be
employed, or of the lncumbent, may authorlze entrance
salarles higher than the mlnlmum, and speclal lncreases
above the amount prescrlbed in the salary schedule for the
class and length of serV1ce of the incumbent. In no event,
however, shall the rate exceed the maXlmum rate for that
class
Notw1thstandlng any prov1s10n conta1ned herein, there wlll
be no increase 1n wages of any klnd as a result of an
UNACCEPTABLE ratlng on the employee's prescrlbed perlodlc
performance rating. There wJ.ll be no subsequent lncreases
in wages unt11 the UNACCEPTABLE rating has been lmproved
to at least the COMPETENT level. If overall performance lS
rated UNACCEPTABLE, the employee may be dism1ssed from
serV1ce, and if two (2) consecutive performance ratings
are marked UNACCEPTABLE, the employee shall be dismlssed
by appo1ntlng authorlty for ineff1c1ency (SMMC Sectlon
32
5.03
2 04.490). Any overall ratlng 1n the IMPROVEMENT NEEDED
category may delay the next scheduled salary step lncrease
at the dlscretlon of the appolnt1ng authorlty Such act10n
shall remain In effect until the overall ratlng has been
lmproved to at least the COMPETENT level.
Employee Parklng
It lS hereby agreed that the Clty will make every effort
to malnta1n free parklng as it presently exists for City
employees at C1ty faclllt1es. The employees covered by
thlS Agreement recognlze that the C1ty must comply wlth
Regulatlon XV issued by the A1r Quallty Management
Dlstr1ct (AQMD) and the CltylS Transportat1on Management
Plan Ordlnance If the use of posltlve lncentlves does not
result in the City meetlng the compl1ance requlrements of
AQMD's Regulatlon XV or the City'S Transportatlon
Management Ordlnance w1th1n one (1) year of the effective
date of thls Agreement, 1t 18 understood that the City can
lmplement a charge for parklng dur1ng the term of this
Agreement in order to meet those requ1rements. In
addition, if it should become necessary to charge for
parklng durlng the term of this Agreement in order to
comply wlth any other State or Federal requlrement
regardlng transportatlon management, the Cl ty can
1mplement sald charge. However, In no event shall the City
implement such a charge for parking wlthout meet1ng and
conferrlng wlth MTA should any employee(s) represented by
MTA be subJect to such a charge.
33
ARTICLE VI:
EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductions
It is mutually understood and agreed that the Clty will,
subJect to the prov1s10ns of Ordinance No 801 (CCS) and
durlng the term of th1S MOD, deduct monthly and remlt to
the off1ce or offlcer designated in the employee payroll
deduction authorlzatlon Recognlzed Employee Organlzation
dues, credit unlon lnvestments or payments, health and
hosp1tallzation lnsurance premiums, and llfe and acc1dent
1nsurance prem1ums. Any or all of such payroll deductlons
are subJ ect to term1nat1on by the C1ty Manager upon
twenty-four (24} hours notlce for failure to comply w1th
the provls10ns of this MOD.
6 02
Reasonable Notice
It lS mutually understood and agreed that a copy of the
Clty Councilor Personnel Board agenda for each meetlng
mailed, by D.S Mail or 1nteroffice mail, to the
authorlzed representative of MTA shall constltute
reasonable wrltten notlce, and notice of an opportunity to
meet with such agency, on all matters within the scope of
representat10n upon wh1ch the Clty Councilor Personnel
Board may act.
6.03
Grlevance and Complalnt POI1CY
A grlevance lS a complalnt by one (1) or more employees
concern1ng the appl1cat1on or interpretat10n of the MOD,
ord1nances, resolut1ons, policies, pract1ces or procedures
affecting the employee's wages, hours and/or work1ng
condltlons provlded, however, that gr1evances regard1ng
dlsc1pllnary act10ns must be lodged by the employee belng
dlsclpllned and that appeals arising from suspensions,
demot1ons and removals shall be subJect to the procedures
outlined in Sectlon 2 04.750 et seq. of the Santa Mon1ca
Mun1c1pal Code, and that complalnts regardlng performance
evaluations shall be subJec~ to the procedures contalned
ln Sect10n 2.04.480 of the Municipal Code.
The Clty agrees that employees shall be afforded all due
process rlghts provlded ln applicable law.
The MTA agrees the rlghts of probationary employees are
limlted to those provlded under the Santa Monica Mun1c1pal
Code or City Charter.
34
Step .
Step 2.
Step 3
Step 4_
The aggrleved employee(s) shall meet with the
1mmed1ate supervlsor regardlng the gr1evance,
wh1ch must be stated ln writlng, speclflcally
citing the MOU provls1on, ordlnance, resolution,
rule, POllCY, practice or procedure that lS the
subject of the grlevance and the circumstances
glvlng r1se to the grievance within thlrty (30)
days of the event giving rlse to the grlevance
If the grievance is not resolved by the end of
the employee's thlrd (3rd) regularly scheduled
day follow1ng the day on which presentatlon of
the grlevance to the immediate superV1sor
occurred, the employee may, w1th1n flve (5)
regularly scheduled days, thereafter appeal to
the second level supervisor, 1f any.
If the grlevance lS not resolved by the end of
the employee's fifth (5th) regularly scheduled
day following presentation of the grievance to
the second level supervlsor, 1f any, the
employee may, within f1ve (5) regularly
scheduled days, appeal to the Department Head.
The Department Head shall meet wlth the employee
and the employee's representative to attempt to
resolve the grlevance.
If the grievance 1S not resolved by the end of
the employee's tenth (10th) regularly scheduled
day follow1ng presentatlon of the gr1evance to
the Department Head, the employee may, wlthln
five (5) days, appeal to the Director of
Personnel, who will investlgate the grlevance
and make recommendatlons to the City Manager,
whose decision shall be flnal. The decision of
the Clty Manager shall be lssued no later than
the end of the thlrtleth (30th) day followlng
presentat10n of ~he grlevance by the D1rector of
Personnel.
It lS mutually understood and agreed that:
A. All tlme perlods 1n thlS Section may be extended by
mutual consent of the employee and the management
representat1ve 1nvolved.
B. A grievance shall be consldered untimely 1f not
presented by the employee or the MTA within thlrty
(30) days of the 1ncident glv1ng rlse to the
grlevance or wlthln thlrty (30) days of its effect
upon the employee ln those lnstances where it lS
35
shown that the employee could not reasonanly have
known of the grievable act10n
c. Employees shall have the right to be represented ~n
grlevance matters ~n the followlng manner:
1 Employees shall have the rlght to represent
themselves ~ndivldually ln grievance matters.
2.
Employees may deslgnate
department or of MTA to
grlevance matters at steps
of the gr1evance process.
a member of the
represent them in
one (1) and two (2)
3. Employees may designate a member of the
department, an MTA representative, or a legal
representatlve to represent them ln steps three
(3) and four (4) of the grievance process
4, For the purposes of thlS section, II days II shall
mean regularly scheduled work days of the
employees In the affected department or
dlv1s10n.
5. Reasonable time off w1thout loss of payor
benefits shall be glven to a grievant or MTA
grlevance representative to lnvestigate or
process grievances, and to wltnesses 1n any
grlevance hear1ng or meetlng held durlng worklng
hours.
Before performing any grievance work, MTA
representatives, the gr1evant or w1tness shall obtain
permisslon from the lmmedlate supervlsor and shall
report back to work when the grievance work lS
completed. Ne1ther the grlevant nor representative
nor witness shall interrupt or leave work lf the
superv~sor determlrres that such lnterrupt10n or
absence will unduly lnterfere wlth the work of the
employee. However, if the supervlsor denies such tlme
off when requested, time off must be granted wlth1n
twenty-four (24) hours of such request.
D. An employee who has lnltlated a grlevance, or
asslsted another employee in lnltlatlng and/or
processlng a grievance, shall not in any way be
coerced, lntimidated or dlscrlm1nated agalnst
36
:N WITNESS WHEREOF, the partles hereto have caused this Memorandum
of Understand1ng co be executed this day of
, 1997
MANAGEMENT TEAM ASSOCIATES
CITY OF SANTA MONICA
Robe::::-t Harvey
President
John Jalill
C1ty Manager
Joan Akins, Negotlat1ons Team
Robert Ayer, Negotlations Team
Ron Fuchiwakl, Negotlatlons Team
APPROVED AS TO FORM
ATTEST:
Marsha Jones Moutrle
Clty Attorney
C1ty Clerk
37
EXHIBIT A
Classlfications subJect to the MOD shall be as follows:
Account~ng Manager
Adm1nistrative SerV1ces Officer
Adm1nlstrative SerVlces Offlcer - EPWM
Admlnistrat1ve SerVlces Officer - Earthquake Recovery Adm1nlstrator
Administrat1ve Servlces Offlcer - Plannlng & Communlty Development
Alrport Manager
Asslstant City Clerk
ASSlstant Clty Librarlan
Ass1stant Director of Community and Cultural SerVlces
ASs1stant Director of Transportation
Budget Manager
BUlldlng Officer
Cable T.V. Manager
Cemetery Superintendent
Clty Englneer
City Parking and Traffic Engineer
Communlty & Senior Programs Manager
Cultural Arts Adwlnlstrator
Economic Development Manager
Employee and Admin~stratlve Services Manager
Event Facillt~es Manager
Housing Manager
Human Services Manager
Informatlon Systems Manager
Malntenance Manager
Parks and Sports Manager
Personnel Services Manager
Planning Manager
Pr1ncipal L1brarian
Purchas1ng Agent
Revenue ManagerjClty Treasurer
Solid Waste Operat~ons Manager
Traffic Operat1ons Superlntendent
Translt Adm1nlstrat~on Manager
TranSlt Development & Intergovernmental Relations Manager
Translt Facilltles Maintenance & Veh1cle Englneer1ng Manager
Transit Malntenance Manager
Translt Operat1ons Supervlsor
Transit Serv~ces Manager
Utll1ties Manager
Water and Waste Water Superintendent
Water Production and Treatment Superlntendent
38