SR-11-A (41)
l1A
JPM:TAW: lsc :LDA
COUNCIL MEETING: Decerr~er 12, 1995
Santa Monica, California
DEe 1 3 1995
TO:
Mayor and City Council
FROM:
Airport Commlssion
SUBJECT:
Recommendation to Authorize Staff to Prepare a Comment
Letter to the Federal Aviation Administration (FAA)
Supporting the Decommissioning of the Localizer
Directional Aid (LDA) Instrument Approach at Santa
Monica Airport as Recommended by the Airport Commission.
Introduction
This transmittal recommends that the City Council authorize staff
to prepare a comment letter to the FAA supporting the
decommissioning of the LDA instrument approach at Santa Monica
Airport. The comment letter will request that the FAA proceed
with the decommissioning (shut down) of the LDA as recommended by
the Santa Monica Airport Comm~ssion at lts meeting on November 27,
1995.
Back;qroupd
The FAA announced at a ~eeting sponsored by Los Angeles City
Councilman Feuer that it was conducting a decommissionlng (shut
down) of the LDA and a reevaluatlon of whether to proceed with the
Environmental Impact Study (a~tached). The decommissioning process
began September 20, 1995, las~s 90 days, and is primarily an
internal FAA decision with the opportunity for the public to make
comment. Public comment on the decommissioning of the LDA is due
by December 16, 1995.
1
DEe f 3 1995
rIA
Discussion
The Airport Commission reviewed the LDA issue at its meeting on
November 27, 1995. At that meeting the City staff presented its
recommendation for completion of the Ers process to be able to
fUlly evaluate any potential safety and noise benefit as well as
any negative environmental impact that would be derived from the
installation of the LDA. The FAA's recent decision to
decommission the proposed LDA would in effect terminate the EIS
before completion. The Corr~ission received a wide range of public
testimony that was a mixture of opposition and advocacy. In its
deliberations the Commission identified several key reasons for
not wanting to see the EIS process continue:
1) In its capacity as a lead agency for the environmental review,
the FAA would have the ultimate control and ability to conduct the
EIS process with the City unable to control the outcome or
influence mitigation measures.
2) The existing impact of circle-to-land over Mar Vista did not
appear to substantiate the need to introduce a new potential
aviation impact in other West Los Angeles neighborhoods
3) A better preferred alternative to aviation operations in
inclement weather conditions was to consider greater use of
airport closure.
2
4) The FAA's confidence that the emerging Global Positioning
System technology would better replicate the flight tracks of the
existing VOR route and eventually negate the need for navids like
the non-precision LDA.
In summary the Commission was concerned that the proposed LDA
approach would negatively impact neighborhoods in Los Angeles and
would not provide comrr,ensurate safety benefits to justify its
installation
The Commission voted 3-1 with one abstention to
request the City Council write a letter supporting the termination
of the EIS and LDA decommissioning process prior to the December
16, 1995 deadline for cowments.
Budaet/Financial Imoact
- -
The recommendation in this report will not have a budget or fiscal
impact to the City.
Recommendation
It is recommended that the City Council authorize staff to prepare
a comment letter to the Federal Aviation Administration supporting
the termination of the EIS and the Decommissioning process for the
proposed LDA instrument approach as Recommended by the Airport
commission.
3
o
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d TrmspatOhOn
Federal AvIation
AdmIIntratlon
Western Pacif,c RegIon
PO Box 92007
Worldwav Postal Center
Los Angeles, CA 90009
October 20, 1995
To Whom It May Concern:
The Federal AVlatlon Admlnistratlon (FAA) Western Pacific Region
lS circulating the enclosed notlce, entltled:
NOtlce To All Concerned
SubJect. Case No. 95-AWP-9-NR
Santa Monlca Locallzer-Type Directional Aid (LDA)
Decommlsslonlng
The notlce 1S provlded as an opportunlty for all lnterested
persons to comment on the acceptablllty of th1S proposal.
Comments must be submitted to the pOlnt of contact lndlcated by
December 16, 1995.
For addit10nal lnformatlon, please contact the System Management
Branch, FAA Western-Paclf1c Reglonal Headquarters at (310) 725-
6606.
BU'"--",,,,-z. -r:) I ~ -
Edward Duarte
Lead Clvil ProJect Engineer
Airway Facilltles Dlvision, AWP-452.21
Enclosure
.0
Vfe:slBn.Padf"c RegIon
Po. 8011: 9ZOl17
Wcri::fway PasuI Cet'ur
lDs ~ CA 90009
us.~
d~'
FtedelaI AvIidion
~........
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.. - ~~:-_-
NOTICE TO ALL CONCERNED
~
~ ..
SUBJECf: CASE NO. 95-A WP-9-NR
SANTA MONICA LOCALTZFR-TYPE DIRECTIONAL AID (LDA)
DECOMMISSIONING
The Federal Aviation Admini~tration (FAA) is proposing the
decommissioning of the Santa Monica Localizer. Type Directional Aid
(LDA). This LDA navigational aid is an electronic component that provides
course guidance to a landing aircraft utilizing the published LDAlDME
Runway (RWY) 21 instIllment approach procedure into the Santa Monica
Municipal Aixport. The LDA/DME RWY 21 instrument approach was
established as an alternate procedure and will be canceled prior to
decommissioning of the LDA navigational aid.
~
The VOR or GPS-A published instrument approach procedure will remain
available to users of the airport. Sole utilization of this procedure has been
found to maintain an equivalent level of user safety and air traffic control
efficiency.
Decommissioning the LDA navigational aid and cancellation of the
LDAlDME RWY 21 instrument approach will have no impact on the Santa
Monica Municipal Airport Class D airspace.
The LDA navigational aid has not been in service since January 17, 1994;
however, the noise impact associated with the LDAlDME RWY 21
instrument approach procedure remains an issue. Pending the outcome of
. this proposal to decommission the LDA navigational aid, the environmental
process associated with its reuse is being held ~n abeyance.
95-A WP-9-NR
SMO LDA DECOMMISSIONING
i
The FAA is providing an opportUnity for all interested persons to cOIUDlent
on the acceptability of this proposal. Additional infofliiation may be
requested from Alton Scott, System Management Branch, FAA Western.
Pacific Regional Headquarters, Hawthorne, California at (31 0) 725-6606~
Aeronautical comments must be submitted to the Manager, System
Management Branch, AWP-530, P. O. Box 92007, WWPC, Los Angeles,
CA 90009. Comments must be received by December 16, 1995.
-
y' '. ,
/" I '-
-"'T ~ ~ - .. '1" l f ~ "''It:
.L il' Harvey R. Riebel
Manager, System Management Branch
Air Traffic Division
..
RESOLUTION 8973 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
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 Ordrnance 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 (eeS} further provIdes
that any such Memorandum of Understandrng shall not be brndlng unless and untIl
presented to the governrng body for determination, and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmOniOus relations, cooperation, and understandrng 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 MOnica 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 adoptlOn of thIs Resolution,
and thenceforth and thereafter the same shall be In full force and effect.
APPROVED AS TO FORM
~~~~)~
MARSHA J~~ MOUTRIE
City Attorney
(kb "'mta 95")
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 Recognized Employee Association Name.......... 4
1.06 Scope of Representation....................... 4
1.07 Full Understanding, Modification and Waiver... 5
1.08 Management Rights Reserved. ... .... ..... ....... 5
1.09 Peaceful Performance of C1ty Service.......... 6
1.10 Validity of Memorandum of Understanding. ...... 7
1.11 Captions for Convenience. ..... ........ ... ... 7
1.12 Equal Employment and Non-Discrimination. ...... 7
1 . 13 De f ~ni t ~ons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1.14 Overpayment Remedy....... .................... 10
1.15 Payments at Termination.. . . . . . . . . . . . . . . . . . . . .. 10
ARTICLE II:
COMPENSATION
2.01 Effect~ve Date of Pay Increase.......... ...... 12
2.02 Salaries...................................... 12
2.03 Overtime.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
2.04 Promotional Pay Rate. . . .. .................... 13
2.05 Y-Rating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
2 06 Pay for Serv1ng ~n a Higher
Job Classificat~on....... ..................... 14
ARTICLE III:
SUPPLEMENTAL BENEFITS
3 01 Health Insurance Programs..................... 16
3 02 Ret irement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 7
3 03 Tu~t~on Reimbursement......................... 18
3.04 Deferred Compensation. .... ...... ..... ...... ... 19
3.05 M~leage Reimbursement and Energy
Conservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
3.06 Mental Health Insurance.. ..................... 19
3.07 Term Life Insurance.......... ................ 20
3 08 Long Term D~sability Insurance............... 20
3 09 Recognition of Exceptional Performance....... 20
3.10 Performance Based Increases....... ........ ... 21
3 11 S~ck Leave Buy Back.............. ............ 22
1
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4 10
4.11
ARTICLE V:
Pald Holidays.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Vacatlon Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Sick Leave.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Leave of Absence Without Pay............... ... 27
Military Leave. . . .. . . .. . . . . . . . . . .. . . . . . . . . . . .. 27
Workers' Compensation Leave....... ...... .... 27
Jury Du t y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Bereavement Leave............................. 28
Management Leave.............................. 28
Parent al Leave................................ 29
Family and Medical Leave...................... 29
WORKING CONDITIONS
5.01 Safety and Loss Prevention...... ........ ...... 31
5.02 Effect of Job Performance on Salary..... ...... 31
5 . 03 Employee Parking...... ....................... 32
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions............................ 33
6.02 Reasonable Notice....... .... .... .... .......... 33
6.03 Grlevance and Complaint POllCy................ 33
EXH I BIT A. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
2
ARTICLE I: GENERAL PROVISIONS
1. 01
Parties to Memorandum
This Memorandum of Understandlng has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
Clty of Santa Monica, which Ordinance is hereby
lncorporated by reference as lf fully set forth herein,
and has been executed by the City Manager on behalf of
management officials of the City and by the MANAGEMENT
TEAM ASSOCIATES (MTA), and on behalf of employees
occupying the line-item full-time employment position
classifications set forth in Exhibit A which is attached
hereto and made a part hereof.
In the event new job classifications are created which are
proposed to be added to the MTA unit, the Municipal
Employee Relations Offlcer will notify MTA prl0r to the
Personnel Board and City Council considerations of the new
classifications. Any classifications proposed to be added
to the unit shall be mutually agreed upon in writing and
wlll become effective upon execution by the President of
MTA and the Munlclpal Employee Relations officer.
As of January 1, 1992, the following position
classificatlons will no longer be represented by MTA. Each
incumbent in any of these classiflcatlons who elected, as
of December 31, 1991, to be II grandparented II in MTA will
continue to receive MTA benefits, as set forth in this
Agreement and any subsequent Agreements, as long as he/she
continues to hold the posltion classification in question.
Auditorium Operations Supervisor
Principal Community Services Supervisor
(formerly Recreatlon Supervlsor)
1. 02
Purpose
The parties agree that the purpose of this MOU lS: to
promote and provide harmonious relations, cooperation and
understandlng between the City and the employees covered
herein i to provlde an orderly and equi table means of
resolving dlfferences which may arise under thlS
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring ln
good faith regardlng matters within the scope of
representation for employees represented by MTA.
3
1. 03
1. 04
1. 05
1. 06
Term of Agreement
This Agreement shall be effective as of the 1st day of
July 1995 and shall remain in full force and effect untl1
the 30th day of June 1996. It shall be automatically
renewed from year to year thereafter, unless elther party
shall notify the other in writing not later than March 1
of each year that it desires to terminate or modify thlS
Agreement, and specifically indicates requested
modifications. In the event that such notlce is given,
negotiations shall begin no later than April 1 with a
signed contract desired July 1.
City Council Approval
This MOD 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.
Recognized Employee Association Name
The MTA is hereby acknowledged as the Recognized Employee
Organizatlon representing only the permanent line-item
employment position classlflcations set forth in Exhibit
A (which is attached hereto and made a part hereof)
pursuant to Section 3.04 (c) of Ordinance No. 80~ (CCS).
It is the mutual understanding of the parties hereto that
acknowledgment of the MTA as the Recognized Employee
Organization:
A.
Does not preclude employees
position classifications
themselves individually in
relations with the City.
in such employment
from representlng
their employment
B. Does not preclude or restrlct the right of
management officlals to meet and consult with
employees ln such employment position
classifications concerning thelr employment
relations with the City.
Scope of Representation
The scope of representation of the Recognized Employee
Organization shall include all matters relating to
employment conditions and employer-employee relatlons
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not lnclude
4
.
1. 07
1. 08
consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order
and that the scope of representation 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
rlght and opportunity to make, advance, and discuss all
matters properly within the scope of representatlon as
outlined in Sect10n 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. The parties are not bound
by any past practices or understandings of either party
unless such past practlces or understandings are
specifically stated in this MOU except that provisions or
conditions not specifically changed in this or previous
MOU's shall be as prescribed by the Civil Service
provisions of the Santa Monica Clty Charter and the Santa
Monica Municipal Code. Each party, for the term of this
MOU, specifically waives the rlght to demand or petition
for changes herein, whether or not the subjects were known
to the parties at the time of execution hereof as proper
sub] ects wi thln the scope of representation as outlined in
Section 2.05 of Ordlnance No. 801 (CCS).
Management Rights Reserved
The City retains all rlghts not specifically delegated by
thlS Agreement, includ1ng, but not limited to, the
exclusive right to:
A.
Direct, supervise,
dlscipline, discharge,
and retain employees.
suspend,
schedule,
hire, promote,
transfer, assign,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be ineffic1ent or nonproductive.
C. Determ~ne serv1ces 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.
5
1. 09
.
E. Determine the overall mlssion of the unit of
government.
F.
Maintain and improve the efficlency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the misslon
of an agency in situations of emergency.
H. Take whatever other actions may be necessary to
carry out the wlshes of the publlc not otherwise
speclfied above or by collective agreement.
Peaceful Performance of City SerVlce
It is mutually understood and agreed that participation by
any employee in a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specific written waiver of such termination by an
authorized management offlcial.
A. It lS further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, slow-down, sit-down,
stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down,
sit-down, stay-away, picketing or any other form of
interference with or limitat~on of the peaceful
performance of City services, the City, in addition
to any other lawful remedies or disciplinary
actions, may by action of the City Manager cancel
any or all payroll deductions, prohib~t the use of
bulletin boards, prohibit the use of City
facilitles, and prohibit access to former work or
duty statlons.
c. Neither the employee organizatlon, nor any person
acting in concert with them, will cause, sanction,
or take part in any strike, walk-out, sit-down,
slow-down, stoppage of work, picketing, retarding of
work, abnormal absenteeism, withholding of servlces,
or any other interference with the normal work
routlne. The provlsions of thlS Article shall apply
for the same term as this Agreement, or during any
renewal or extension thereof. Violation of any
provlsion of th~s MOU by the Recognlzed Employee
6
4
1.10
1.11
1 12
Organizatlon shall be cause for the City, at its
sole optlon, to terminate this Agreement in addition
to whatever other remedies may be to the City at law
or in equity.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
Validity of Memorandum of Understanding
If any provision of this MOD is determined to be invalid
or lllegal by a court of competent ]urlsdiction, then such
provislon shall be severed from this MOU, but the
remalnder hereof shall rema1n ln full force and effect.
The parties hereto shall immediately commence
to negotiate for the purpose of replacing any such invalld
or illegal provision.
Should any change be made 1n any Federal or State law, or
In any rules and regulations implementing such
leglslation, or in any C1ty Charter provision or Santa
Mon1ca Municipal Code provision 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 MOD shall remain in full force
and effect. Such legislation and/or rules and regulations
shall supersede thlS MOU and applicable clauses shall be
substituted for those ruled invalid or 1llegal. The
parties hereto shall lmmediately commence to negotiate for
the purpose of replacing any such inval~d or illegal
provision.
Captions for Convenlence
The captions herein are for convenience only and are not
a part of thlS MOU and do not in any way l~mit, define, or
amplify the terms and prOVlSlons hereof.
Equal EmploYment and Non-D1scr~mination
It lS agreed by both parties to this MOU that management
offlcials play a special role in achieving equal
opportunity 1n selecting, training, promotlng, and
disciplining employees. The parties hereto will work 1n
partnership with the Personnel Department to ensure full
compllance with the letter and splrit of all applicable
local, State, and Federal laws, rules and regulations
governing equal opportunity and with the Affirmative
Action Program and Sexual Harassment Policy of the City of
7
1.13
Santa Monica which are incorporated by reference herein.
Both parties acknowledge that progress in rneetlng
affirmatlve action goals and the maintenance of a
harassment-free work environment are approprlate
indicators of performance of an employee subject to this
MOD. Both parties al so agree to abide by the requirement s
of the Americans with D1sabilities Act (ADA).
Definitions
The following definitions are to be applied in the
interpretation of this MOD:
A. "Salary Rangel! shall mean the normal five steps (A
through E) hourly or monthly pay scale (and the
bl-weekly equivalent) assigned to each employment
position classiflcatlon within the City work force,
unless changes to the payroll system make a range of
ten (1.0) steps possible I as described in Section
3.10 of this MOD.
B. II Salary Range Steps A through Ell for each employment
positlon classification within the City work force
shall mean and be established to bear the following
percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be in annual
step lncrements contingent on satisfactory service.
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. tlNearest Dollar" shall mean the next lower dollar
when the computed amount lS fifty (50 ) cents or less
and the next higher dollar when the computed amount
lS fifty-one (51 ) cents or more.
D. tlLine-item positionll shall mean a positlon which is:
(I) specifically itemized in the personnel schedule
of the annual budget of the City of Santa
Monica, and
8
(2) ellglble to accumulate vacation, sick leave and
other time off in proportlon to the percentage
of the full-tlme forty (40) hour week. Other
fringe benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-time basls.
E. "Permanent Employees" shall mean:
(l) A person who is legally an incumbent of a
line-item position, full or part-time; or
(2) A former incumbent of a line-item positlon on
author1zed 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.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to hls/her status under the Municipal Code and City
Charter and appllcable State law.
F. "Date of Entrance Anniversaryn shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City of
Santa Monica, either by original employment,
re-employment or promotion. The date of entrance for
employees with broken service shall be considered as
the date on whlch the last unbroken service was
effective.
G. "Satisfactory Service" shall mean the attainment of
an overall ratlng not less than "Competent" on the
performance report associated with the employee's
most recent date of entrance anniversary.
H. IlFull-Time Work Week" shall mean forty (40) hours.
(1) Incumbents of 11ne-1tem positions employed in a
work week less than that deflned as the
full-time work week shall be compensated in
that proportion of the compensation for
full-tlme employment as the number of hours
budgeted for that position bears to the
full-time work week; incumbents of line-item
positlons employed in a work week greater than
that defined as the full-time work week shall
be compensated for hours in excess of the
full- tlme work week on the basis of and ln
accordance wlth the provisions of the Article
9
1.14
1.15
hereof relating to overtime. Compensation
shall include base salary, deferred
compensation and any other bonuses or Sklll
pays provlded by this Agreement.
(2) Incumbents of line-ltem positlons regularly
working less than the full-time work week shall
accrue vacation, sick leave and other time off
in the same ratlo as the average number of
hours they work per week is to the full-time
work week for the position occupied. Other
fringe benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-t~me basis.
I. "Pay" shall mean compensation for regular hours
worked, sick leave, vacation, bereavement leave,
holldays, management leave days, compensatory time
off and/or jury duty.
J. urn Pay Statusll shall mean earning pay.
K. "Completed Calendar Month of Service" shall mean a
calendar month in which an employee, has been in pay
status for eleven (11) or more working days.
L. II Base Rate II shall mean the hourly rate for the
employee's salary step excluding any special
assignment, bonus pays or other compensation.
Overpayment Remedy
Permanent employees covered herein shall relmburse the
City for any overpayment of wages or beneflts. Said
relmbursement shall not be required until the City
notlf1es the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant follow1ng
overpayment notification, or by other reasonable repayment
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 lS the final
or terminatlon warrant issued to the affected employee.
Payments at Termination
When permanent employees covered herein leave the service
of the C~ty of Santa Monica, they shall be entitled to
lump-sum payoff of vacation leave, unused management leave
days and unused accrued compensatory time only. No claim
10
.
shall be made against the City for the use or payment of
unused sick leave, nor shall the effective date of
termination be extended by the use of compensatory time,
sick leave, vacatlon or other leave days.
11
ARTICLE II: COMPENSATION
2.0l
Effect1ve Date of Pay Increase
Notwithstandlng 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.
2.02
Salaries
Salaries of City employees in line-item pos1tions shall be
on a monthly rate, paid on a bi-weekly equivalent basis.
In lieu of the bi-weekly equlvalent to a monthly rate, the
City Manager may fix the compensation of any positlon at
an hourly rate. In positions for which the work week is
forty (40) hours, the hourly rate shall be determined by
dividing the bi-weekly rate by eighty (80).
A. Effective July 1, 1995, the E-step salaries of
employees covered here1n shall be increased by two
percent (2%).
For the following classification, the salary
increase provided in Subsection A of this Section
shall be applied to the following E-step salary.
For the purposes of this Section, the E-step salary
for all other classifications covered herein shall
be that E-step salary in effect as of June 30, 1995.
Budget Manager
$5,885
B. A given classification covered by this MOU will be
eligible to receive an equity adjustment providing
that the compensation study conducted by the City of
Santa Monica substantiates the need for an equity
adjustment to bring the salary range of that
classification in line with the mean salary paid to
the same classification found in comparable c1t1es.
The City will be willing to receive and evaluate any
salary comparison data that MTA might want to make
available regarding an equity adjustment for a given
classlflcation. Should a compensation study indicate
that a given job classification is currently being
paid above the mean salary paid to the same
12
2.03
2.04
classification found ln comparable cities, the
salary range of that classification will remain
unchanged. Internal equity factors will also be
taken 1nto consideration, as deemed appropriate by
the City, when determ1ning whether or not an equity
adjustment for a given classlflcatlon lS warranted.
Equity adjustments described hereln will be
considered on an annual basis, either as a part of
the annual budget process if no MOU negotiations
should be occurring during the year or as a part of
the MOU negotiat~ons process should the MOD be up
for negotiation.
Overtime
Employees covered herein are exempt employees as defined
by the Fair Labor Standards Act (FLSA) as FLSA is applied
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. Employees covered herein, as exempt employees, will
not be eligible to accrue compensatory time or be paid
overtlme.
Promotional Pay Rate
If a permanent employee covered herein is promoted and
h~s/her salary is equal to or greater than the entrance
salary of the promotional classification, the employee's
salary shall be increased to the next higher salary rate
which provides a minimum five (5) percent salary increase,
provided, however, that in no event shall the salary rate
exceed the maximum salary rate for the new classification.
In the event the promotion is to a supervisory position,
the employee promoted shall receive not less than the next
h1gher salary rate whlch provides a minimum five (5)
percent lncrease above the hlghest salary rate being paid
to any subordlnate, provided, however, that in no event
shall the salary rate exceed the maximum salary rate for
the new classification.
A reclassiflcation of a permanent employee covered herein
to a hlgher level job classification wlll be considered a
promotion and the employee's salary shall be increased to
the higher salary rate in the new classification which
provides a mlnlmum of five (5) percent salary increase,
provided, however, that in no event shall the salary rate
exceed the maximum salary rate for the new classif1cation.
l3
2.05
2.06
Y-Rating
When a personnel action, e.g., demot1on due to layoff or
reclassificatlon, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee's salary may be Y-rated. nY-rated"
shall mean the maintenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel act10n placing the employee in a
lower salary range. The employee's salary shall remain at
such level until the salary range of the new
classification equals or exceeds the Y-rated salary. Any
MTA member whose position is abolished shall be demoted to
the highest position under the member's supervision for
WhlCh he/she qualifies and subject to the "Y-Rating"
provisions above.
Pay for Servlng in a Higher Job Classification
When, ln the determination of the Department Head or Clty
Manager, lt is necessary to specifically assign an
employee the significant duties and responsibilities of a
hlgher classlficatlon, the employee so assigned shall be
compensated as follows:
A. If the position is temporarily vacant due to the
vacation, long-term sick leave or other temporary
absence of the employee ln the higher
classification, with said absence to be a minimum of
twenty (20) consecutive work days, the employee
temporarily assigned shall receive the salary rate
for the vacant classification at the lowest salary
step WhlCh provides an increase of at least five (5)
percent over hls/her current salary for all such
work days assigned in the higher classiflcation. If
the assignment was not projected to be a minimum of
twenty (20) consecutive work days, but ends up being
at least twenty (20) consecutive work days in
length, the employee filling that higher
classification will receive the higher rate of pay,
as spelled out 1n this section, retroactive to the
first day of the assignment. The City shall not
rotate employees ln and out of the higher position
classification asslgnments in order to avoid paying
said compensation.
B. If the position to be filled is vacant and there is
no valid eligible list for the classlflcation, the
Department Head or City Manager, if he/she has
lnltlated procedures to fill the vacancy on a
permanent basis, may assign an employee who meets
14
the mlnlmum qualifications of the vacant posltion to
fill the position on a temporary detail (actlng)
basis. The employee so assigned shall receive the
salary rate for the vacant classificat~on at the
lowest salary step which provides an lncrease of at
least five (5) percent over his/her current salary.
If an eligible llSt exists for the vacant position,
the Department Head shall appoint an employee from
the eliglble list at the earliest possible date, and
the provlsions of this paragraph shall be applicable
to the employee assigned to cover the vacancy in any
interim period.
Nothlng ln this section shall require the City to
make temporary assignments of employees.
15
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Medical Insurance
Effective July 1, 1995, the City agrees to pay up to
a maXlmum of $475 per month towards the cost of
medical insurance coverage for employees and
ellglble dependents provided that employees covered
herein participate in the City-offered medical
insurance programs. The cost of medical insurance
coverage will be set each medical plan year and will
be a "composite" monthly premium der1ved by dividing
the total monthly premium for all medical plans
offered by the City, except the PERS PORAC medlcal
plans or any other PERS medical plans, by the total
number of employees enrolled in sald medical plans
as of the beglnning of the medical plan year. Any
extra payment required under such plans shall be
pald by the employee elect1ng such coverage.
The City and MTA agree that employees should benefit
from any premium savings which accrue from the
implementation of a new health insurance program
(Triple Option Plan + Kaiser) in 1994. The
following procedure will be utilized to determine
savings, if any, and, in the event of savings, how
said savings will be distributed:
(1) The actual medical insurance premium costs for
1993 for non-safety employees shall be compared
against the City's actual premium costs for the
new Tr1ple Option Plan + Kaiser for those same
employees.
(2) If there should be any premium savings between
1993 and 1994, each employee's share of the
savings will be determined by dividing the
total amount of the savlngs by the total number
of City employees (non-safety) participating in
the Cl ty' s medical insurance program. Each
employee's share of any savings wlll be paid to
the employee by no later than March 1, 1995.
Prior to this paYment, the City will meet and
confer wlth MTA and the other City bargaining
units to determine the method by which said
payment will be made (e. g . , I ump sum,
contributions to deferred compensatlon plan,
etc.) .
16
3.02
In the event the medical insurance premiums for the
Triple Option Plan for 1995, and any subsequent
calendar year! should be less than the actual City
med1cal insurance premlums for 1993, the savings
will be handled in accordance with the same
procedure, outlined above, wlth the payment being
made to the employees by no later than March 1 of
the followlng calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to the employees and their eligible dependents
provided that employees covered herein partlclpate
in the City-offered dental insurance programs.
C. Vislon Insurance
The City agrees to continue to provide vision care
lnsurance, at no cost! to employees covered herein.
The C~ty retains the rlght to select the provider
and to set the levels of coverage for said vision
care insurance plan. The City also retains the rlght
to change the provlder of said vis~on insurance plan
and/or the level of benefits provided under that
plan without meeting and conferring.
Retlrement
The City is a contract member of the Public Employees!
Retirement System, and it is understood and agreed that
such membership w111 be maintained and that employee
eligibility classiflcation, contributlon, and benefits are
as prescrlbed in the contract between the City and the
Public Employees' Retirement System heretofore approved by
the City Council. The Clty shall continue to pay on
behal f of each permanent employee covered herein one
hundred (100) percent of the 1ndividual employee's share
of the required retirement contributions to PERS [seven
(7) percent of the employee's "compensationl1 as defined by
PERS leglslation] for the term of this MOU.
These payments are not increases 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 payments; as a result! the City will not treat these
payments as ordinary income and thus! will not withhold
Federal or State income tax therefrom. The City's practice
will be to report these payments as being those of the
employees so that they w1ll be credited to the particular
17
3.03
employee's lndividual account with PERS and upon
terminatlon will belong to the employee.
It 18 agreed that if State and/or Federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
TUlt10n Relmbursement
The City will budget annually sufflclent funds to pro~ide
each permanent line-item employee of the MTA tuition and
required study material relmbursement for career
lmprovement or job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Reimbursement shall equal the total cost of tUltlon
(exclusive of lodging and meals) and the total cost of
required study materials, provided, however, that:
A. The maX1ffium annual amount of reimbursement per
lndividual employee shall not exceed one thousand
dollars ($1,000.00).
B. The course of study must be approved in advance by
authorized department officials and the Director of
Personnel.
C. The course must be directed to qualify the employee
for an employment position represented in the Clty
work force or to enhance current job skills.
D. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completion of the study course if that
was the reason for the course.
E. Reimbursement shall be made upon successful
completion of the preauthorized course and upon
presentatlon of recelpts and proof of satisfactory
course completion.
F. In no event shall the City's re1mbursement be
reduced when there is an outside source of aid
except ln those cases where the aid from any outside
source, plus the normal City reimbursement, exceeds
the cost of tU1tion and study material for the
approved study course.
G. Only employees who have completed a probationary
period with the City shall be ellgible for this
program.
18
3.04
3.05
3.06
H. Courses for which tuition reimbursement will be made
must be taken on the employee's time or on
authorized vacation leave.
I. The procedure to be followed with regard to the
adminlstration of the tuition reimbursement program
shall be established by the Personnel Department.
Deferred Compensation
The City agrees to contr1bute to the plan three hundred
twenty-flve (325) dollars per month per participating
employee. In addition, the City further agrees to
contribute to the plan the amount the participatlng
employee is contrlbuting to the plan on his/her behalf,
but in no event shall said addltional 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.
Mileage Re~mbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automoblles on City
business shall be at the rate authorized by the City
Council. Reimbursement rates will be considered in
preparing budget recommendations at least every two (2)
years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered herein who submits, on the City form, a
record of his/her trips (home to work site, or work site
to home) during the preceding month. The Santa Monica
Municipal Bus Line route number and the bus number used
for each trip must be entered on the reimbursement form.
Any employee who has not been lssued a City parklng pass,
or who voluntarily turns in hls/her parking pass, shall be
eligible to recelve forty (40) tokens per month under the
terms described above.
Mental Health Insurance
The City agrees to provide mental health lnsurance
coverage, at no cost, to permanent employees and thelr
eligible dependents provided that employees covered herein
19
3.07
3.08
3.09
participate in the City-provided mental health insurance
program.
Term-Life Insurance
The City agrees to malntain at no cost to the employee a
term life insurance plan for permanent employees covered
herein, w1th individual coverage of twice the employee's
annual base salary.
Long Term Disability Insurance
The City agrees to malntain a long term disability plan
for permanent employees covered hereint at no cost to the
employee. Coverage shall be maintained under current
terms. The maximum salary upon which benefits are
calculated shall be $6,667.00 per month.
Recognltion Of Exceptional Performance
Exceptional performance beyond the established goals and
obJectlves for employees covered herein may result in a
cash performance lncentive of one (1) percent to ten (10)
percent of the employee's annual salary for the past
flscal year. Such payments shall be regarded as one-time
bonuses and shall not become part of the employee's base
rate. They are subject to retirement contributions.
Employees below the E-step of the salary range may receive
a merit step increase or a cash bonus for exceptional
performance, but may not receive both in a given contract
year.
A merit pool, not to exceed six (6) percent of the base
salarles of employees covered herein shall be established
annually from WhlCh any and all such payments shall be
made. Nothing herein shall be construed as requiring that
all pooled funds be distributed in any year.
The program procedures shall include, at a minimumt that
Department Head recommendations with appropriate
justification be forwarded to the City Manager by July 31
of each year and that the City Manager and Director of
Personnel review the department recommendations for
consistency and resolve resource problems if the
recommendations total more than the available funds by
August 15. The final recommendat~ons of the City Manager
will be made and communicated to the employees and their
Department Heads during the last week in August and
payment shall be made by September 15.
20
3.10
If, in the opinion of the City Manager, no cash payment is
warranted by an employee's performance, the employee shall
have the opportunity to present, within ten (10) days of
notiflcation that no payment is due, additional
lnformation that might alter the City Manager's declsion.
The decision of the City Manager, after consideration of
any such additional ~nforrnation, shall be final and no
appeal may be taken therefrom. The amount of payment is
not subject to appeal.
It lS expressly understood and agreed that the performance
incent1ve payments descrlbed in this Section do not
constitute a generally granted increase under Section 1100
of the City Charter and Section 2.04.680 of the Santa
Monica Municipal Code and that denial of such payment does
not constltute a demotion.
Upon the execution of this Agreement, a joint
labor-management committee will be establ1shed to develop
specific criterla and procedures to be used as the basis
on which each MTA employee will be evaluated to determine
the amount, if any, of h1s/her merit bonus. This commlttee
will be comprised of not more than three (3) MTA
representatives and three (3) Department Heads. The time
line outllned in paragraph three (3) of this Section could
be modified as a result of the committee's recommendation.
The commlttee's recommendations will be subject to the
approval of the City Manager and can only be implemented
lf said approval is obtalned. The committee will present
its 1nitial recommendations to the City Manager by no
later than March 31, 1996.
Performance Based Increases
If during the term of this MOU, the payroll system has
been changed by the City to provlde for a ten-step salary
range, the range adopted shall be as follows:
II A" 80.0% of Step E
"A11I 82.5% of Step E
liB" 85.0% of Step E
"Bl" 87.5% of Step E
"ClI 90.0% of Step E
"Cl" 92.5% of Step E
"D" 95.0% of Step E
"D1" 97.5% of Step E
liE" 100.0%
Steps "A1"," "B1I1,IC1", and "D1" shall be referred to as
"1nterim steps."
21
3.11
Normal progression through the range shall be as provided
in Section 5.02, "Effect of Job Performance on Salary." On
an employee's anniversary date, the Department Head may
elect to grant an increase to an interim step, rather than
to the next full step, if performance is rated Improvement
Needed or Unacceptable. A Department Head may elect to
grant an increase of one full step plus one interim step
on the employee's anniversary date if performance 1S rated
above average or better. In no event may such lncreases
exceed the E-step of the salary range for the employee's
classlf1cation.
Sick Leave Buy Back
Employees covered herein shall have the annual opt1on to
be paid for certain unused sick leave on the terms noted
below or to II bank II unused s1ck leave.
Payment at the employee's base rate for the fiscal year
during which the sick leave was earned but not used shall
be made only to employees on the payroll as of June 30 of
that f~scal year. To qualify for payment an employee must
have a sick leave II bank !1 of twelve (12) days. For the
purposes of this sectlon, "bank" shall mean sick leave
earned in prior years and reported in the "Sick Leave
Balance Brought Forward from Prior Contract Year" column
of the "Vacation, sick Leave and Compensatory Tlme" report
issued by the Finance Department at the beginning of the
fiscal year during which payable sick leave is earned.
Annual sick leave payoffs under thlS Section for employees
with less than ten (10) years of service shall be made
accord1ng to the following schedule:
Slck 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 Sect10n for employees
with ten (10) or more years of service shall be made
accordlng to the following schedule, providing there are
enough sick days accrued in the employee's sick leave bank
to cover the payoff described below:
22
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
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the use of
Code 40 or other time off not appropr1ately scheduled in
advance will d1squalify an employee from eligibillty for
payment under this section.
Sick leave for which payoff lS rece~ved shall be
considered "usedll in that it will not be added to the
II bank 11 (or if added to the IIbank" prior to the payoff date
shall be removed from the "bankll).
Slck leave payoffs under th1S section shall be made by
separate check by the end of July following the fiscal
year in which the payable sick leave was earned.
For the purposes of this section, sick leave days subject
to payoff at the end of the fiscal year shall be paid on
the basis of eight (8) hours pay, at the employee's base
salary rate of pay, for each sick leave day elig~ble for
payoff.
23
ARTICLE IV: LEAVES
4.01
Paid Holldays
Employees covered hereln shall receive paid holidays as
provided below:
New Year's Day - January 1
Martin Luther King's Birthday - Third Monday in January
Lincoln's Birthday - February 12
Washington's Birthday - Third Monday ln February
Memorial Day - Last Monday 1n May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday in November
The Friday Following Thanksgiving Day
The Half-Day Immediately Before Christmas Day
Christmas Day - December 25
The Half-Day Immediately Before New Year's Day
One Floatlng Holiday
All Other Holidays Declared by the City Council
A floating holiday becomes available at the beginning of
each fiscal year and must be taken before the end of that
flscal year. A floating hol1day not taken by the end of
the fiscal year may be pald to the employee if the
employee enters the day on his/her final time card for the
fiscal year. If the employee elects to be paid for the
floating holiday at the end of the fiscal year, he/she
w1Il be pald elght (8) hours of pay at the employee's base
salary rate of pay. Failure to take the floating hol1day
or to put the hol1day on the last time card for the fiscal
year shall constitute a forfeiture by the employee.
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 preced1ng shall be
deemed the holiday if it falls on the first day off, and
the day followlng 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.
Employees in departments or divis10ns observlng different
holiday schedules shall, in lieu of holidays listed above,
receive holidays enjoyed by other operatlng employees in
that department or division, provided, however, that the
same number of holidays [twelve (12)] shall be observed.
24
4.02
Vacat10n Leave
Employees covered hereln shall accrue vacation leave with
pay on the following basis:
A. Following completion of the first s~x (6) calendar
months of continuous service, SlX (6) work1ng days.
B. Thereafter, up to and including five (5) completed
years of service, one (1) working day for each
completed calendar month of service.
C. Thereafter, up to and includlng ten (10) completed
years of serVlce, one and one-quarter (1.25) working
days for each completed calendar month of service.
D. Thereafter, up to and lncluding fifteen (15)
completed years of serVlce, one and one-half (1.5)
working days for each completed calendar month of
service.
E. Upon complet~on of flfteen (15) years of service and
thereafter, one and three - quarters (1. 75) working
days for each completed calendar month of service.
F. At the City Manager's d~scretion, a new C~ty
employee who is covered by thl.s bargaining
agreement, based on the terms and conditions of the
employee's previous employment, may be granted a
vacation accrual rate which exceeds that listed
above.
G. Employees are expected to take their vacation each
year. An employee who has accrued vacation to the
maximums prescribed herein may be required to take
vacation leave in order to reduce the accumulatlon
balance. The scheduling of vacation shall be
according to department or division policies and
contingent on the service needs of the department.
If an employee is denied the time off required to
ma1ntain a vacation balance below the maXlmum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensatlon.
H. Accrual of vacation leave shall not exceed three (3)
times the employee's annual accrual of vacation.
25
4.03
I. Except as provided herein, the administration or
appl~cation of vacat10n leave provisions and the
limitations on the accumulation, proportionate
accumulat1on, schedullng and payment for such leave
shall be as prescribed in the Civil Service
provisions of the Santa Monica Municlpal Code.
J. If an employee covered herein should receive a
payoff for any unused accrued vacation days, said
days shall be paid on the basls of e1ght (8) hours
pay, at the employee's base salary rate of pay at
the time of the payoff, for each vacation day
eligible for payoff.
Slck Leave
A. The use of sick leave shall be defined as in Section
2.04.570 of the Santa Monica Municipal Code, hereby
incorporated as if set forth in full hereln, except
as follows:
Sick leave shall be defined as absence from duty
because of the employee's illness or off-the-job
1nJury, 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 durlng non-work hours, with proper advance
notification to the Department Head.
B. Employees covered herein shall accrue slck leave
with pay on the following basis, provided that
permanent part-time employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the position bears to the full-time
work week:
(1) Following the completion of the first six (6)
calendar months of contlnuous service, six (6)
worklng days.
(2) Thereafter, one (1) working day for each
completed calendar month of service.
(3) At the City Manager's dlscretlon, a new City
employee who is covered by this barga1.nlng
agreement, based on the terms and conditions of
the employee's previous employment, may be
granted a lump sum number of sick leave days
upon hls/her employment with the C1.ty of Santa
MonJ.ca.
26
4.04
4.05
4.06
C The foregoing beneflts are cumulative subJect to the
following restrictions:
(1) No more than one-hundred-thirty (130) worklng
days may be applied against sick leave for any
one (1) illness.
D. Any employee who is absent because of sickness or
other physical d1sability shall notlfy hls/her
Department Head or other immediate superior offlcer
as soon as possible but in any event in accordance
with department rules and regulations
Leave of Absence Without Pay
A permanent employee covered herein may be granted a leave
of absence w1thout pay upon application approved by the
Department Head 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 ln those cases where an employee's record of service
and qualificat10ns make lt desirable for the C1ty to
reta1n the employee's services even at the cost of some
lnconvenlence to the Clty.
Military Leave
The City wll1 observe the military leave requirements of
State and Federal law.
Workers' Compensation Leave
Employees covered herein hlred by the City on or before
June 30, 1985, receiving disability payments under the
Workers' Compensation Act of Californ1a shall receive the
dlfference between the disability payments under the Act
and full salary durlng the first ninety (90) days of such
d1sability absence.
Employees covered herein hired by the City on or after
July I, 1985, shall be entitled to only those Workers'
Compensation benefits specified under State law and shall
receive no salary from the C1ty dur1ng a leave for
1njurles covered by the Workers' Compensatlon Act.
27
4.07
4.08
4.09
Jury Duty
Employees covered herein, when duly called to serve on any
jury and when unable to be excused therefrom, shall
receive the regular base compensation less all jury fees
recelved excluding mileage for the time required to be
spent 1n court provided that an individual employee will
be so pa1d for jury service 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 important department work ln
progress. Each employee receiving a not1ce to report for
jury service shall immediately notify his/her 1mmediate
supervisor.
Whenever daily jury duty scheduling perm1ts, employees
shall return to their regular daily Job assignment to
complete thelr regular dally work hours.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate
family, meaning spouse, child, brother, sister, parent,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, grandparent or grandchild.
In addition, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
duty due to the death of any member of the employee's
household.
Management Leave
As partial recognition of the sensitive and demanding
nature of the employer-employee relationship as regards
employees covered herein, the City hereby agrees to grant
to each employee covered herein eight (8) management days
off w1th pay to all such employees with less than f1fteen
(15) years of serV1ce. An add1tional management day
[total of nine (9) days] shall be granted to all covered
employees with fifteen (15) or more years of service.
Management days shall be earned in increments with two
(2) days available July 1 of each fiscal yeari two (2)
additional days available October 1 of each fiscal year;
two (2) addlt10nal days available January 1 of each
fiscal yeari and two (2) additional days available Apr11
1 of each fiscal year. Employees with nine (9) days shall
earn the extra day as of April 1 of the fiscal year.
28
4.10
4.11
Unused management leave days may be paid to the employee
lf he/she records them on the final time card of each
fiscal year or in such other pay period requlred by the
Payroll unit of the Flnance Department. Unused cashable
management 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 management leave day ellgible for payoff.
In addition to the cashable management leave days
described above, each employee covered herein 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 fiscal year. An employee must
be on the payroll as of July 1 ln order to be eligible to
recelve the two (2) non-cashable management leave days
for that fiscal year. These two (2) non-cashable
management 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
management leave days at the end of the fiscal year. Any
unused non-cashable management leave day (s) shall be
forfeited at the end of the flscal year.
Parental Leave
Employees who demonstrate that they have primary
responsibil1ty for the care of a new child shall be
entitled to a leave of absence total1ng four (4) months
immediately following the chlld's birth or adoption and
shall be returned to the same llne-item positlon occupied
prior to the leave upon 1ts expiration. Paid vacation
leave and slck leave, if applicable, as well as unpaid
leave shall be counted toward the four (4) month total.
Addi tional leave may be requested under the provisions of
Section 4.04 of this Morr.
Maternlty leave is not the same as parental leave and
shall be administered in accordance with State and
Federal law.
Family and Medical Leave
The City hereby agrees to implement family and medical
leave in accordance wlth the Callfornia Famlly Rights Act
(CFRA) and the Federal Family and Medical Leave Act
(FMLA) for all employees covered herein. These statutes
shall supersede and be implemented in lieu of any
contract language or C1ty policy/practice wh1ch provides
a lesser benefit.
29
~
Before the issuance of any administrative regulations
pertaining to leave under the CFRA or FMLA, the City
agrees to discharge lts meet and confer obligation with
MTA.
30
<
ARTICLE V: WORKING CONDITIONS
5.01
Safety and Loss Prevention
The C1ty shall provide a reasonably safe and healthy
working environment in accordance with applicable State
and Federal laws, rules and regulations. MTA agrees that
where safety devices or items of protective equipment are
required or furnished, their use shall be mandatory.
Both parties recognize the role that management officials
play in loss preventlon and safety and agree that
measures of loss prevention and safety are appropriate
indicators of performance of an employee subJect to this
MOD.
It is mutually agreed that a representative of MTA may
attend meetings of the Administrative Safety Committee
when, in the oplnion of such representat~ve, a safety
hazard exists Wh1Ch should be considered by the
Adm1nistrative Safety Committee.
5.02
Effect of Job Performance on Salary
Normal placement on entry shall be at the A-Step of the
salary range and advancement through the range shall
normally be to B-Step at one (I) 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, in exceptional cases, based upon
spec1flc appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or ot the incumbent, may author1ze entrance
salaries higher than the minimum, and speclal increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maX1mum rate
for that class.
Notwithstanding any provis1on contained herein, there
will be no lncrease in wages of any k~nd as a result of
an UNACCEPTABLE rating on the employee's prescribed
periodic performance rat1ng. There will be no subsequent
lncreases in wages until the UNACCEPTABLE rating has been
improved to at least the COMPETENT level. If overall
performance lS rated UNACCEPTABLE, the employee may be
dismissed from service, and lf two (2) consecutive
performance ratlngs are marked UNACCEPTABLE, the
3l
5.03
~
employee shall be dismissed by appointing authority for
lnefficiency (SMMC Section 2.04.490). Any overall rat1ng
1n the IMPROVEMENT NEEDED category may delay the next
scheduled salary step increase at the discretion of the
appo1nt1ng authority. Such action shall remain in effect
untll the overall rat1ng has been 1mproved to at least
the COMPETENT level.
Employee Parking
It is hereby agreed that the City will make every effort
to maintaln 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 Ordlnance. If the use of positive incentives does
not result in the City meeting the compl~ance
requirements of AQMD's Regulat10n XV or the C~ty' s
Transportation Management Ordinance within one (1) year
of the effective date of this Agreement, it is understood
that the City can implement a charge for parking during
the term of thlS Agreement 1n order to meet those
requirements. In addition, if it should become necessary
to charge for parklng durlng the term of this Agreement
in order to comply with any other State or Federal
requ1rement regarding transportation management, the City
can implement sald charge. However, in no event shall the
City implement such a charge for park1ng without meeting
and conferring with MTA should any employee (s)
represented by MTA be subJect to such a charge.
32
.
ARTICLE VI:
EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductlons
It is mutually understood and agreed that the City will,
subject to the provisions of Ordinance No. 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorizatlon Recognized Employee Organlzatlon
dues, credit union 1nvestments or payments, health and
hospitalization insurance premiums, and life and accident
insurance premiums. Any or all of such payroll deductions
are subject to termination by the City Manager upon
twenty-four (24) hours notice for failure to comply with
the provisions of this MOU.
6.02
Reasonable Notice
It is mutually understood and agreed that a copy of the
City Councl1 or Personnel Board agenda for each meeting
ma1led, by u.s. Mail or interofflce mail, to the
authorized representative of MTA shall constltute
reasonable written notice, and notice of an opportunity
to meet wlth such agency, on all matters within the scope
of representatlon upon which the City Councilor
Personnel Board may act.
6.03
Grievance and Complaint POllCY
A grievance lS a complaint by one (1) or more employees
concernlng the application or interpretation of the MOU,
ordlnances, resolut1ons, policies, practices or
procedures affectlng the employee's wages, hours and/or
working cond1tions provlded, however, that grievances
regarding discipl1nary actions must be lodged by the
employee being disciplined and that appeals arising from
suspenslons, demotions and removals shall be subject to
the procedures outlined ~n Section 2.04.750 et seq. of
the Santa Monica Mun1clpal Code, and that complalnts
regardl.ng performance evaluations shall be sub] ect to the
procedures contalned in Section 2.04.480 of the Mun1cipal
Code.
The City agrees that employees shall be afforded all due
process rights provided in applicable law.
The MTA agrees the rights of probationary employees are
llmlted to those provided under the Santa Monica
Municlpal Code or City Charter.
33
Step 1.
Step 2.
Step 3.
Step 4.
The aggrieved employee(s) shall meet with the
immed1ate supervlsor regarding the gr1evance,
which must be stated in writing, specifically
citing the MOU provision, ordinance,
resolutlon, rule, policy, practlce or
procedure that is the subject of the grievance
and the circumstances glving rise to the
grievance within thirty (30) days of the event
giving rise to the grievance.
If the grievance lS not resolved by the end of
the employee's third (3rd) regularly scheduled
day following the day on WhlCh presentation of
the gr1evance to the immediate supervisor
occurred, the employee may, wi thin f 1 ve (5)
regularly scheduled days, thereafter appeal to
the second level supervisor, if any.
If the grievance is not resolved by the end of
the employee's fifth (5th) regularly scheduled
day followlng presentation of the grievance to
the second level superv1sor, if any, the
employee may, wlthln five (5) regularly
scheduled days, appeal to the Department Head.
The Department Head shall meet with the
employee and the employee's representative to
attempt to resolve the grievance.
If the grievance is not resolved by the end of
the employee's tenth (10th) regularly
scheduled day followlng presentation of the
grievance to the Department Head, the employee
may, wi thin five (5) days, appeal to the
Director of Personnel, who will investigate
the grievance and make recommendations to the
City Manager, whose decis10n shall be final.
The decision of the City Manager shall be
lssued no later than the end of the thirtieth
(30th) day following presentation of the
grievance by the D1rector of Personnel.
It is mutually understood and agreed that:
A. All time periods in this Section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the MTA wlthln thirty
(30) days of the incident glvlng rlse to the
grlevance or within thirty (30) days of its effect
upon the employee in those instances where it is
34
~
shown that the employee could not reasonably have
known of the grievable action.
C. Employees shall have the right to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
2.
Employees may designate
department or of MTA to
grievance matters at steps
of the grievance process.
a member of the
represent them ln
one (1) and two (2)
3. Employees may designate a member of the
department, an MTA representative, or a legal
representative to represent them 1n steps
three (3) and four (4) of the grievance
process.
4. For the purposes of this section, "daysl1 shall
mean regularly scheduled work days of the
employees in the affected department or
divlsion.
5. Reasonable time off without loss of payor
benefits shall be given to a grlevant or MTA
grievance representatlve to investigate or
process gr1evances, and to witnesses in any
gr1evance hearing or meeting held during
worklng hours.
Before performing any grievance work, MTA
representatives, the grievant or wltness shall
obtain permlssion from the immediate supervisor and
shall report back to work when the grlevance work
is completed. Neither the grlevant nor
representative nor witness shall interrupt or leave
work If the supervisor determines that such
interruption or absence will unduly interfere with
the work of the employee. However, if the
supervisor denles such tlme off when requested,
tlme off must be granted within twenty-four (24)
hours of such request.
D. An employee who has initiated a grievance, or
asslsted another employee in inltiating and/or
processing a grlevance, shall not ln any way be
coerced, intimldated or dlscriminated against.
35
~
~
IN WITNESS WHEREOF, the part1es hereto have caused this Memorandum
of Understand1ng to be executed thlS 14th day of
December , 1995
MANAGEMENT TEAM ASSOCIATES
CITY OF SANTA MONICA
~~~~
Robert H.arvey . ~
Presldent )
~d
Ro;trt 1!.yer ' / - \
k~\.f:~~
RoL :~:~wakl '
--E;L- ~LLA:.
JoM Jalll1
City Manager
APPROVED AS TO FORM:
~iRJ~ huuikt
Marsha Jqh~s Moutrle
Clty Attor'ney
36
,
~
EXHIBIT A
Classifications subject to the MOU shall be as follows:
Accounting Manager
Administrative Servlces Officer
Airport Manager
Arts Division Administrator
Assistant City Clerk
Assistant Clty Librarian
Asslstant Dlrector of Communlty and Cultural Services
Assistant D~rector of Transportation
Budget Manager
Cable T.V. Manager
Cemetery Superintendent
Clty Engineer
City Parking and Traffic Engineer
Community & Sen10r Programs Manager
Electrical/Pub11c Facilities Maintenance Superintendent
Event Facilities Manager
Event Facilities Operat~ons Supervlsor
Housing and Redevelopment Manager
Human Services Manager
Informat1on Systems Manager
Maintenance Manager
Parks and Sports Manager
Personnel Services Manager
Plann1ng Manager
Principal Llbrarian
Purchasing Agent
Revenue Manager/City Treasurer
Solid Waste Operations Manager
Traffic Operations Superlntendent
Transit Operations Manager
Transportation Malntenance Manager
Transportation Maintenance Superintendent
utilities Manager
Water and Waste Water Super~ntendent
Water Production Treatment Superintendent
37
i
Adopted and approved thIs 13th of December. 1995
/lJ~
Mayor
I hereby certIfy that the foregomg ResolutIOn 8973 (CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 13th of December, 1995 by the followmg vote
Ayes
CouncIl members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner, Greenberg
ATTEST
"-
-~ 'l.u ~o-J;-
CIty Clerk
RESOLUTION NO. 8974 eCCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MODIFICATION TO THE MEMORANDUM OF UNDERSTANDING
WITH
MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the City administration and representatives of the MUnicipal
Employees Association have met and conferred under the terms of Ordmance 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 wntten 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 determmatlon; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provIde harmonious relations, cooperation, and understanding between
the City and the MUnicipal Employees Association;
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS:
Section 1. The City Council of the City of Santa MOnica does hereby
approve and authorize the City Manager to execute the Modification to the
Memorandum of UnderstandIng executed by the MUnicipal Employees ASSociation, 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
Il<b 'mea 95a"J
MODIFICATION TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the Memorandum of UnderstandIng between the City of Santa MOnica and
the MUnicipal Employees ASSOciation has been In effect since July 1, 1 994 and
WHEREAS, Section 1.03 (Term of Agreement), Section 2.02 (Salanes), Section 2.05
(Standby Pay) and SectIon 2.12 (Pay for Tralnmg) of saId Memorandum of Understandmg
provided for the reopening of the Memorandum of UnderstandIng with regard to a modifIcation
of salanes, standby pay and pay for traIning as of July 1, 1995,
NOW, THEREFORE, both parties to the Memorandum of Understanding between the
City of Santa MonIca and the MUniCipal Employees AssociatIon agree to modIfy the eXistIng
Memorandum of Understanding to add the follOWIng language as SubsectIOn E of SectIOn 2.02
(Salaries) :
Effective July 1, 1995, the E-step salanes of employees covered hereunder shall be
Increased by two percent (2%)
FURTHERMORE, both parties to the Memorandum of Understanding between the City
of Santa MonIca and the MUniCipal Employees ASSOCiatIon agree to modify the eXisting
Memorandum of Understanding to replace SubsectIOn A (Regular Standby) of SectIon 2.05
(Standby Pay) With the follOWIng language:
An employee required to serve on standby duty shall be paId a bonus of twelve and
one-half percent (1 2 5 %) of his/her base salary for those hours he/she IS serving on standby
duty Employees who are reqUIred to use their personal vehicles for standby response Will be
.-
compensated at the CIty's mileage rate for miles actually driven In response to a standby call.
If the employee IS called 10 to work, upon being notified to report to work, he/she Will no
longer receive standby pay and Will be compensated for hours worked at the appropnate
regular or overtIme rate. If the employee should then go back on standby duty, he/she Will
receIve standby pay for the remaining hours he/she IS on standby duty
FURTHERMORE, both partIes to the Memorandum of Understanding between the City
of Santa MOnica and the MUniCipal Employees Association agree to modify the eXIsting
Memorandum of Understanding to replace of Section 2 12 (Pay for Tralnmg) with the
followmg language:
An employee covered herem who IS specIfically assigned by the supervisor to tram a
new employee In the rules, regulations and procedures of the Department and the duties of
the new employee's position, who may be expected to communicate the new employee's
progress to the superVisor, shall receIve a training bonus of seventy (70) cents per hour for
each hour worked while so assigned providing that the employee's claSSification specificatIOn
does not reference tramlng or supervIsIon/lead responsIbilities The tramlng assignment shall
be Irmlted to two (2) consecutive work weeks unless authorrzatlon to exceed two (2) work
weeks IS gIven by the employee's Department Head. The assignment to train a new employee
Will be gIven In writing and Will be submitted to the Personnel Department for processing.
It IS not the City's Intention to aVOId payment of thiS bonus where appropriate,
however, the bonus does not apply to mformal "mentor" relationshIps which may evolve
between veteran and new employees or to occasional requests to orient a new employee to
a pIece of eqUIpment or a procedure where the task can be accomphshed In a day or less. In
addition, an employee assigned to tram a new employee who has been hIred as a student
Intern or as a temporary employee under the City Youth Employment and Tralnmg Program
Will not be eligible to receive the pay for trammg bonus.
Except as expressly modified herem, all other terms and conditions set forth m the
Memorandum of Understandmg between the City of Santa MOnica and the MUnicipal
Employees Association shall remaIn In full force and effect.
IN WITNESS WHEREOF, the parties have executed this ModIfIcation to the
Memorandum of Understandmg between the City of Santa MOnica and the MUnicipal
Employees Association as of July 1, 1995
MEA BARGAINING COMMITTEE
CITY OF SANTA MONICA
~ .:':jrif ~~
o
\/1 ' .
V L.:auralee Asch, f7'esldent
By:
~kU.
.f I- ,
John Jahh
City Manager
a_~4~
Rene Talbott, ~Ice President
'""\
I
~l~ u'~{/ktPJ ~~.
Jim Arenberg
/ &i?c
(Jtuej;
Kit Hale
)f.1LR!. :zr
Gi1b-ert Tre:fter v
.
Adopted and approved thIs 13th of December, 1995
;?W~
Mayor
I hereby certIfy that the foregomg ResolutIOn 8974 (CCS) was duly adopted at a meetmg
of the City CouncIl held on the 13th of December. 1995 by the followmg vote
Aves
Councd members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CounCIl members
Ebner, Greenberg
ATTEST
~,,~ .~+
CIty Clerk '
..
RESOLUTION 8975 (ees)
(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
PUBLIC ATTORNEYS UNION
WHEREAS, the City administration and representatIves of the Public
Attorneys Unton 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 Understandmg IS to
promote and prOVide harmonious relations, cooperation, and understanding between
the City and the PubliC Attorneys Union;
.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS
Section 1 The City CounCIl of the City of Santa Monica does hereby
approve and authorize the CIty Manager to execute the Memorandum of
Understandmg executed by the Public Attorneys 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
~ "' 1. dL~ !~~
MAR~~~S MOUTRIE
City Attorney
(kb 'pau 950')
--
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 Assoclation Name. ... ... 4
Scope of Representatlon.. .... .... .... ...... 4
Full Understanding, Modlf1catlon and Walver. . . 4
Management Rights Reserved. .... ...... .. .... 5
Valldlty of Memorandum of Understanding.. .... 5
Captlons for Convenience.............. .... ... 6
Non-Dlscrlmlnatlon and Equal Employment. .. ... 6
Def1n1tlons. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. 6
Overpayment Remedy.. . . . . . . . . . . . . . . .. ........ 9
Payments at Termination.............. . , . . . . . . . .. 9
COMPENSATION
Effective Date of Pay Increase. ....... ..... ....10
Salar1es. ..................................... .10
Overt ime. . . . . . . . . . . . . . . . . . . . . . . . . .. ......... 11
Bil ingual Bonus...... . . . . . . . . . . . . . . . . . . . . . . . .11
Y-Rat1ng.. .......... ............ .........12
SUPPLEMENTAL BENEFITS
Health Insurance Programs . ................... .13
Ret 1rement .. ........., . . . . . . . . . . . . . . . . . . . .15
Deferred Compensatlon ..... ....... ........15
Mileage Reimbursement. . ................ _. .16
Bar Dues.... ......... . . . . . . . . . . . . . . . . . . . .16
Professional Development... ........... ........ .16
Long Term Dlsablllty Insurance.............. .. .16
Slck Leave Buy Back. . . . . . . . . . . . . . . . . .. ...17
Term Life Insurance..... ......... ....... .. .18
- 1 -
ARTICLE IV
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4 09
4.10
4 11
ARTICLE V:
5 01
5.02
5.03
5.04
ARTICLE VI:
6.01
6.02
6.03
6.04
LEAVES
Paid Holidays....... ........... ...... '" 19
Vacatlon Leave.. . . . . . . . . .. ................. ...19
Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Leave of Absence Wlthout Pay..... .... ........ ...20
MlIJ.tary Leave....... ...................... . .21
Workers' Compensation Leave. ................ .. .21
Jury Du t y. . . . . . . . . . .. ...................... .. 22
Bereavement Leave......................... .. ..22
Parental Leave... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Professional Leave ... ......... ............... .23
Family Leave. . . . . . . . . . . . . . . . . . . . . . .. ....24
WORKING CONDITIONS
Safety................. . ...... ......25
Employee Parklng...... . . . . . . .. ........ .25
Performance Evaluations and Effect of Job
Performance On Salary..... . . . . . . . . . . . . . . . . . . . . . .25
Employment Separations...................... .. .27
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductlons... ......................... .28
Reasonable Notice... ........... .............. .28
Time Off For Associatlon Business.............. .28
Grlevance and Complaint Policy....... ....... .. .28
- 2 -
ARTICLE I: GENERAL PROVISIONS
1.01.
1 02
1. 03
1.04.
Parties to Memorandum
This Memorandum of Understand1ng has been prepared
pursuant to the terms of Ordlnance 801 No. (CCS) of the
City of Santa Monlca, which Ordinance is hereby
incorporated by reference as lf fully set forth herein,
and has been executed by the Clty Manager and by the
Publ1C Attorneys Union (PAU), on behalf of C1ty Attorney
employees occupying the llne-1tem emploYment attorney
position classifications, exceptlng the City Attorney and
Assistant City Attorney.
Purpose
The part1es agree that the purpose of this MOU is: to
promote and provide harmon10US relat1ons, cooperation and
understandlng between the C1ty and the employees covered
herein; to provide an orderly and equitable means of
resolving differences WhlCh may ar1se under thlS
memorandum, and to set forth the full agreements of the
part1es reached as a result of meetlng and conferring in
good falth regarding matters within the scope of
representatlon for employees represented by PAU.
Term of Agreement
Th1S Agreement shall be effective as of July 1, 1995 and
shall remain in full force and effect untll the 30th day
of June 1998.
ThlS Agreement shall be automatically renewed from year
to year thereafter, unless either party shall notify the
other in wrltlng not later than March 1, 1998 (and March
1 of each subsequent year) that it deSlres to term1nate
or modify this Agreement, and speclfically indicates
requested modlflcatlons. In the event that such notice
is glven, negotlat1ons shall begin no later than April 15
wlth a slgned contract desired by July 1st.
City Council Approval
It 1S, however, the mutual understanding of all the
parties hereto that such Memorandum of Understanding lS
of no force or effect whatsoever unless or unt11 ratified
and approved by resolution duly adopted by the City
Council of the Clty of Santa Monica.
- 3 -
1.05.
1. 06
1.07.
Recognlzed Employee Association Name
The Publ1c Attorneys Unlon (PAU) is hereby acknowledged
as the Recogn1zed Employee Organlzatlon representing only
the regular attorney employment pos1tlon
classifications, excepting the Clty Attorney and the
Assistant Clty Attorney, pursuant to Section 3 04 (c) of
Ordinance No 801 (CCS) It lS the mutual understanding
of the parties hereto that acknowledgment of PAU:
A.
Does not preclude employees
posltlon classlflcat10ns
themselves lnd1v1dually 1n
relations with the CitYi
ln
from
their
such employment
representing
employment
B. Does not preclude or restrict the rlght of
management off1clals to meet and consult with
employees in such employment posltlon
class1fications concernlng thelr employment
relatlons with the City.
Scope of Representation
The scope of representation of the Recognized Employee
Organizatlon shall lnclude all matters relat1ng to
employment condltlons and employer-employee relations
lncluding (but not llm1ted to) wages, hours, and other
terms and conditlons of employment, except, however, that
the scope of representation shall not lnclude
cons1derat1on of the mer1ts, necesslty, or organizatlon
of any serVlce or activity provlded by law or execut1ve
order and shall be exerclsed or performed 1n compllance
wlth the provisions of Ordlnance No 801 (CCS).
Full Understanding, Modiflcatlon and Wa1ver
The parties agree that each has had full and unrestricted
rlght and opportunity to make, advance, and dlSCUSS all
matters properly within the scope of representatlon as
outlined in Section 2.05 of Ord1nance No. 801 (CCS).
This MOU constltutes the full and complete agreement of
the part1es and there are no others, oral or wr1tten,
except as specified in this Agreement. Partles are not
bound by any past practlces or understandlngs of e1ther
party unless such past practlces or understandings are
specif1cally stated in thlS MOD except that provislons or
condlt1ons not speclf1cally changed 1n th1S or prevlous
MOD's shall be as prescrlbed by the C1Vll serV1ce
provls1ons of the Santa Monlca Municipal Code
- 4 -
1. 08.
1.09.
Management Rights Reserved
The City Attorney retains all rights not specifically
modified or 11mited by thlS Agreement, including, but not
llrnlted to, the exclusive right to:
A.
D1rect, supervlse,
d1sclpline, discharge,
and retain employees;
hire, promote,
trans fer, ass ign,
suspend,
schedule,
B. Rel~eve employees from duties because of lack of
work or funds, or under conditions where contlnued
work would be lnefficient or nonproductivej
c. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters;
D. Determine the approprlate Job classifications and
personnel by which government operations are to be
conducted,
E. Determlne the overall mlssion of the un1t of
government;
F.
Maintain and 1mprove the efficiency
effect1veness of government operations;
and
G. Take any necessary actions to carry out the m1SSlon
of an agency in situations of emergency.
Val1dity of Memorandum of Understandlng
If any prOVlS1on of this MOU is determined to be ~nvalid
or illegal by a court of competent j urisd1ct1on, then
such provision shall be severed from this MOU, but the
remainder hereof shall remalll ~n full force and effect.
The parties hereto shall immedlately commence to
negotiate for the purpose of replacing any such invalld
or 11legal provision.
Should any change be made ln any Federal or State law, or
in any rules and regulations 1mplementlng such
legislatlon, or in any Clty Charter provisions or Civil
SerVlce Rule and Regulation wh1ch would be applicable and
contrary to any provls10n hereln contalned, then such
provision of th1S MOU shall be automatlcally term1nated,
but the remainder of this MOD shall remaln in full force
and effect. Such legislatlon and/or rules and
regulations shall supersede this MOD and appllcable
clauses shall be substituted for those ruled invalld or
illegal. The parties hereto shall lmmediately commence
- 5 -
1.10
1.11.
1.12.
to negotiate for the purpose of replacing any such
invalid or illegal provislon.
Captlons for Convenience
The captions hereln are for convenience only and are not
a part of this MOU and do not in any way limit, deflne,
or amplify the terms and prOV1Slons hereof
Non-Discrimination and Equal Employment
It lS hereby agreed by the partles to this MOU that they
will fully comply wlth all applicable local, State and
Federal laws, rules and regulatlons proh1bltlng
discrimination and govern1ng equal employment
opportunlty. The Affirmat1ve Actlon Program and the
Sexual Harassment Policy of the City of Santa Monica are
afflrmed by both partles to thlS MOU and incorporated by
reference herein. Both parties will abide by the
requlrements of the Americans w1th Dlsabilities Act
(ADA) .
Every City employee is expected to respect the dlgnity of
every other City employee and to refrain from any
actions, includ1ng the use of slurs or jokes regarding
sex, age, race, natlonal orlgln, religion, disab1llty, or
sexual preference/orientation which could be construed as
harassment. Harassment of fellow employees 1S a
violation of C1ty policy. No employment decision shall
be based on an employee's submisslon to or rejection of
such conduct.
Definitions
The followlng definitions are to be applied in the
lnterpretation of this MOU:
A. IISalary Range It shall mean the normal monthly pay
scale (and the hourly or bl-weekly equlvalent)
ass1gned to each employment position claSSlf1catlon
wlthin the City work force.
B. "Nearest Dollarll shall mean the next lower dollar in
a monthly rate when the computed amount 18 flfty
(50) cents or less and the next hlgher dollar when
the computed amount lS flfty-one (51) cents or more.
C. IIDate of Entrance Anniversaryll shall mean the date
whlch recurs annually after the date of entry into a
llne-item position covered by this MOU , e1ther by
- 6 -
"
origlnal employment, re-employment or promotlon.
The date of entrance for employees with broken
service shall be consldered as the date on which the
last unbroken service in the classiflcation was
effective.
D. "Satlsfactory Service" shall mean the attalnment of
an Overall Rating of not less than "Sat1sfactory" on
the performance report associated w1th the
employee's most recent date of entrance ann1versary.
E.
"Pay" shall mean compensatlon
workedt sick leave, bereavement
hol1days, and/or Jury duty.
for regular hours
leave, vacatlon,
F. "In Pay Status" shall mean earn1ng pay.
G. "Completed Calendar Month of Service" shall mean a
calendar month 1n which an employee has been 1n pay
status for eleven or more work1ng days.
H. "Line-1tem pos1tion" shall mean a positlon WhlCh is'
(1) specifically itemized in the personnel schedule
of the annual budget of the C1ty of Santa
Monlcai and
(2) el1glble to accumulate vacation, slck leave,
and other time off 1n proportion to the
percentage of the full-time forty (40) hour
work week. Other fringe benefits shall be
prov1ded to part-t1me employees covered
hereunder as If they were employed on a full-
time basis.
I. npermanent Employees" shall mean.
(1) A person who lS legally an lncumbent of a line-
item posltlon, full or part-time; or
(2) A former legal 1ncumbent of a line-ltem
position on authorized leave of absence from a
regularly budgeted position wh1ch positlon is
held pend1ng the employee's return.
The term "permanent employee 11 shall not be construed
to 1mply a guarantee of continued employment, and
employees covered herein are not subJect to the
c1vil Service provisions of the Municlpal Code and
City Charter.
J. "Full-Time Work Week" shall mean forty (40) hours.
- 7 -
1.13.
.
K. A "full-time" employee 1S an lncumbent of a
line-1tem posltion budgeted in the annual budget of
the City of Santa Monica for a full-t1me work week
L.
A "part-t1me1t employee is an
line-1tem position budgeted ln the
the C1ty of Santa Monlca for less
work week.
incumbent of a
annual budget of
than a full-tlme
A part-time employee shall be compensated ln the
same proport1on as the number of hours budgeted for
the employee's position bears to the full-time work
week. Compensation shall 1nclude base salary,
deferred compensation (both the City contrlbut1on
w1thout a match and the Clty'S matching
contribution), and bilingual bonus. Any part-tlme
employee covered hereln who, as of June 30, 1995,
was receiving a higher proportion of deferred
compensatlon (both the C1ty contrlbut1on w1thout a
match and the City's matching contribution) than
would be provlded pursuant to thlS section shall
continue to rece1ve the hlgher proportlon as long as
the employee cont1nues to hold a p061tlon which 16
budgeted as a pare-time pos1tion ln the City of
Santa Monica's annual budget.
Part-tlme employees shall accrue vacation, sick
leave and other time off 1n the same ratio as the
number of hours budgeted for the employee's position
bears to the full-tlme work week.
With the exceptlon of compensat1on and accrued leave
tlme, as set forth in the preceding paragraphs of
this subsection, the part-tlme employee shall
rece1ve all other employee benefits as lf he/she
were employed on a full-tlme basis.
M. "Working Day" as used ln the section of this
Agreement perta1nlng to vacat10n accrual (Section
4.02) and slck leave accrual (Sect1on 4.03) shall
mean elght (8) hours.
N. "Compressed Work Schedule" shall mean a work
schedule 1n whlch a full-time employee is asslgned
to work a total of eighty (80) regularly scheduled
work hours 1n n1ne (9), or less, days in a gl ven
two-week (i.e., two work week) period.
OverpaYment Remedy
Permanent employees covered hereln shall reimburse the
City for any overpayment of wages or beneflts. Sald
re1mbursement shall not be requ1red untl1 the City
notlfies the affected employee in writlng. Reimbursement
- 8 -
1.14.
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
requlred if the next subsequent employee payroll warrant
is the flnal or termination warrant issued to the
affected employee.
Payments at Termlnatlon
When permanent employees covered hereunder leave the
service of the C1ty of Santa Mon1ca they shall be
ent1tled to lump-sum payoff of vacation leave and unused
Professional Leave days only. No claim shall be made
aga1nst the City for the use or payment of compensatory
tlme or unused sick leave, nor shall the effect1ve date
of termlnatlon be extended by the use of compensatory
time, slck leave, vacation or other leave days.
- 9 -
ARTICLE II: COMPENSATION
2.01.
2 02.
Effective Date of Pay Increase
Notwithstanding any other provision conta1ned here1n,
changes to the salary range and salary related benefit
changes provided hereln shall become effectl ve on the
first day of the payroll period closest to the effectlve
date stated hereln. If the effective date stated here1n
falls on the Sunday in the middle of a pay perlod, the
effective date shall be the f1rst day of the following
payroll period
Salaries
Salaries of City employees covered herein shall be on a
monthly rate, pald on a bl-weekly equivalent basis.
A. New hires shall be ass1gned to the classification
and salary rate most appropriate for thelr educatlon
and experlence and for the nature of the work to be
performed as evaluated by the City Attorney.
B. Effectlve July I, 1995, the monthly salary ranges ln
effect for the employees covered herein shall
reflect a two percent (2%) salary increase (also
known as a cost of llving adjustment) and shall be
as follows:
A
B
c
D
E
Deputy Attorney I
4024 4494 4968 N/A N/A
Deputy Attorney II
5414 5838 6262 6685 6886
Deputy Attorney III
7356 7689 8034 8396 8769
C, Effective the first day of each flscal year (July
1st) wh1le this agreement remains in effect, the
monthly salary ranges set forth in Subsectlon B of
this sect10n shall be adjusted to reflect the
largest percentage salary lncrease (also known as
cost of living adJustment) granted to all employees
of any other bargalning unit by the City of Santa
Monica for that same fiscal year, exclud1ng the
Santa Monlca Police Officers' Association (SMPOA)
and the Santa Mon1ca Flrefighters Local 1109, IAFF,
- 10 -
by incorporation into the bargalnlng unit's
Memorandum of Understanding (MOU) or otherwlse, and
Subsect10n B of thlS section shall be adJusted to
reflect the new monthly salary ranges. For the
purposes of this prOV1Slon, an equlty adJustment
granted to a specific job classlflcatlon shall not
be considered a salary lncrease (also known as a
cost of living adjustment) .
D. Advancement from Deputy Attorney I to Deputy
Attorney II and Deputy Attorney II to Deputy
Attorney III shall be cons1dered a promotion rather
than a step lncrease. An employee who has reached
the top step of Deputy Attorney I must apply for and
receive a promotlon by July 1 of the fiscal year
following the flscal year in which he/she has served
two (2) years at the top step of Deputy Attorney I
or h1s/her employment will be terminated effect1 ve
July 1. An employee's qualificatlon for promotlon
shall be determined by the City Attorney
E. An employee assigned as Chief Deputy of a division
shall rece1ve a superv1sor's bonus of ten (10)
percent of hls/her annual base salary per year I
which does not become part of the employee's base
pay. This bonus wlll be paid on a bl-weekly basis.
2.03.
Overtime
Employees covered herein are exempt employees under the
professional employee exemption of the Fair Labor
Standards Act (FLSA) as 1t may be applicable to publlc
agency employees. As a result, employees covered herein
will not have to account for thelr work time on an hourly
baS1S and will only need to account for each full day of
absence Wh1Ch occurs on a regularly scheduled work day.
2.04. Bll1ngual Bonus
Qualified employees who meet the criteria set forth
herein shall recelve a bilingual skill pay of fifty
dollars ($50.00) per month. To receive bilingual pay the
following crlteria must be met:
1. The employee must be assigned to speak or translate
a language 1n addition to English. ThlS may include
speclal1zed communicatlon skills such as slgn
language.
2. An employee must regularly ut1llze such Skllls
durlng the course of their duties or upon request of
Clty management
- 11 -
2.05.
3. In order to receive b1llngual bonus, an employee
must be certlfied as quallfied by exam1natlon
adminlstered by the Personnel Department.
An employee who has not been certified and qual1f1ed and
is not receiving bilingual Sklll pay will not be requlred
to utilize this skill except in an emergency sltuation.
If an employee qualifies for blllngual bonus for Spanish
and lS required to regularly use said Sklll during what
are determined by the Personnel Department to be
emergency or emergency-related situat1ons, he/she shall
receive an add1tional fifty dollars ($50.00) per month,
for a total of one-hundred dollars ($100.00l per month.
Y-Rating
When a personnel action, e.g., demotlon due to layoff or
reclasslflcation, results 1n the lowerlng of the
lncumbent employee's salary range, the incumbent
employee's salary may be Y-rated. "Y-ratedlt shall mean
the maintenance of the incumbent employee's salary rate
at the level effectlve the day precedlng the effectlve
date of the personnel action plac1ng the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classlflcation equals or exceeds the Y-rated salary.
- 12 -
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01.
Health Insurance Programs
A Med1cal Insurance
Effect1ve July I, 1995, the City agrees to pay up to
a maX1mum of $475 per month towards the cost of
medical insurance coverage for employees and
el1glble dependents provided that employees covered
hereln participate in the City-offered medlcal
insurance programs. The cost of medical insurance
coverage will be set at the beginning of each
medical plan year and will be a 11 composlte II monthly
insurance premlum der1ved by dividing the total
monthly premium for all medical plans offered by the
Clty, except the PERS PORAC medical plans or any
other PERS medlcal plans 1 by the total number of
employees enrolled in said medical plans as of the
beginning of the med1cal plan year. Any extra
premium payment above $475.00 required under any of
such plans shall be pa1d through payroll deductlon
by the employee electing such coverage.
Effectlve July 1, 1996, and each July thereafter,
the maXlmum amount up to which the C1ty agrees to
pay towards the cost of medical insurance coverage
will be equal to the hlghest medical insurance
premium contr~but1on cap established for any of the
City's other bargalnlng unlts for that fiscal year,
excluding any premium contr1butlon cap establlshed
for the PERS PORAC medical plans or any other PERS
medical plans. The same terms and conditions
outlined in the flrst paragraph of thlS Sectlon
shall still apply This provislon shall rollover
to the same extent as the ent1re MOU rolls over.
In the event that the contributlon II cap" does not
cover the cost of medlcal insurance coverage for
employees and eligible dependents, the Cl ty agrees
to meet and confer with PAU.
The Clty and PAU agree that employees should benefit
from any prem1um sav1ngs WhlCh accrue from the
1mplementation of a new health insurance program
(Trlple Option Plan) ln 1994. The following
procedure will be utilized to determ1ne savings, lf
any, and in the event of savings, how sald savings
w1ll be distributed:
- 13 -
(1) The actual medical lnsurance premium costs for
1993 for non-safety employees shall be compared
against the Clty'S actual premium costs for the
new Triple Optlon Plan for those same
employees.
(2) If there should be any premium savings between
1993 and 1994, each employee's share of the
savings wlll be determlned by dlv1dlng the
total amount of the savings by the total number
of C1ty employees (non-safety) participating 1n
the City's medical insurance program. Each
employee's share of any savlngs will be pa1d to
the employee by no later than March I, 1995.
Prior to this payment, the City will meet and
confer with PAU and the other City barga1n1ng
unlts to determlne the method by WhlCh sa1d
payment will be made (e g., lump sum,
contributlon to deferred compensation plan,
etc. ) .
In the event the medical lnsurance premlums for the
Triple Optlon Plan for 1995, and any subsequent
calendar year, should be less than the actual City
med1cal lnsurance premiums for 1993, the savings
wlll be handled in accordance w1th the same
procedure outlined above, w1t:h the payment being
made to the employees by no later than March 1 of
the followlng calendar year.
The C1ty shall make no changes to this Triple-Option
Plan (such as changlng insurance carrlers or the
number or nature of plans offered) without f1rst
meeting and conferring with PAD.
B Dental Insurance
Dental lnsurance coverage shall be provided at no
cost to employees and their eligible dependents
provided that employees covered hereln partlclpate
in the City-offered dental insurance programs.
C. Vislon Insurance
The Clty agrees to cont1nue to provlde 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 C1ty also retalns the r1ght
to change the provider of said vision insurance plan
and/or the level of benefits provided under the plan
without meeting and conferr1ng.
- 14 -
3.02.
3 03
Retirement
The City lS a contract member of the Public Employees'
Retirement System (PERS), and lt 1S understood and agreed
such membershlP wlll be maintained and that employee
eligibility, classificat1on, contribution, and beneflts
are as prescribed in the contract between the City and
the PubllC Employees' Retirement System heretofore
approved by the Santa Monica City Councll.
The City shall pay on behalf of each employee covered by
thlS Agreement an amount equal to one hundred percent
(100%) of the individual employee's share of the required
retirement contr1butions to PERS (i.e., 7 0% of the
employee's ITcompensatlontl 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 wlII not treat these
paYments as ordinary income and thus wlll not withhold
Federal or State lncome tax therefrom The Clty'S
practice wlll be to report these payments as being those
of the employees so that they w1ll be credlted to the
partlcular employee's indlvldual account with PERS and
upon term1nat1on will belong to the employee
It lS agreed that if State and/or Federal procedures
reqUlre reportlng of these payments in any other manner,
the part1es will abide by such requlrements.
Deferred Compensation
It is hereby agreed that employees covered herein will be
offered partlc1pation in the C1ty'S deferred compensatlon
plan. Effective July 1, 1991, the City agrees to
contribute to the plan three hundred-twenty fJ..ve (325)
dollars per month per participatlng employee. In
addition, the City further agrees to contrlbute to the
plan the amount the particlpatlng employee is
contributing to the plan on h1s/her behalf, but in no
event shall said additlonal amount exceed seventy-five
(75) dollars per month per partlcipating employee. The
Ci ty' s contribution under this Sectlon shall not exceed
four hundred (400) dollars per month per partlcipatlng
employee.
Upon approval of this Agreement by both partles, an
employee covered herein who lS currently not
partlclpating in the C1ty'S deferred compensatlon plan
will be allowed to enroll in sald plan retroactive to
July I, 1991 and thereby recelve the benef1ts provided by
th1S Sectlon retroactive to that date
- 15 -
3 04.
3.05
3.06.
3 07.
Mileage Reimbursement
Reimbursement to employees for authorized use of personal
automoblles on City business shall be at the rate
establ~shed by the City Council.
Bar Dues
The City shall pay each attorney's Cal~fornia State Bar
dues requlred to practlce law in the State of Callforn~a
The City shall also pay for one local bar association
dues at each attorney's opt~on.
Professional Development
Employees covered hereln shall receive reimbursement for
registration at legal semlnars and trainlng sess~ons,
inclusive of reasonable travel, parklng or accommodat~on
expenses, prov~ded that the seminar or traln~ng program
is reasonably related to the practice of municlpal law,
as determined by the Clty Attorney, and the employee has
received the prlor approval of the City Attorney for sald
reimbursement. Trainlng tapes and/or books or pamphlets
may be acqulred under the terms of this Section provlded
that such materials remain the property of the City.
Each employee covered under thlS Agreement shall be
requlred to attend at least one (1) professlonal
development or training session per each flscal year. In
addition, the C~ty wlll provlde employees covered hereln
with opportunities to meet the contlnuing education
requirements of the Callfornla State Bar elther by pay~ng
the cost of requlred courses or through offer~ng self-
directed studles.
Long Term Disabllity Insurance
The Clty wlll continue to offer employees covered herein
participation in a long term d~sab1lity plan provlded at
Clty expense. As of the first of the month followlng
ratification of thlS Agreement by both parties, the City
agrees to mod~fy the current long term disabillty
~nsurance plan to provide long term disablllty lnsurance
beneflts whlch will be equal to 60% of e~ther the
employee's base salary or $5,000.00 per month, whlchever
amount is less, reduced by the employee's income from
other sources.
- 16 -
3.08.
Slck Leave Buy Back
Each employee covered hereln has the annual optlon to be
pald for certain unused sick leave on the terms noted
below or to I1bank" unused sick leave.
PaYment at the employee's base salary for the fiscal year
during which the slck leave was earned but not used,
excluding any special asslgnffient or bonus pay, shall be
made only to employees on the payroll as of June 30 of
that flscal year.
Annual sick leave payoffs under thlS Section for
employees with less than ten (10) years of service shall
be made accordlng to the following 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 with ten (10) or more years of service shall be
made accordlng to the following schedule, providing there
are enough sick days accrued ln 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 Flscal Year End
2 or less
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It lS mutually acknowledged by the parties that the use
of Code 40 or other time off not approprlately scheduled
in advance will dlsqualify an employee from ellgibillty
for payment under thlS Section
- 17 -
3.09.
Sick leave for WhlCh payoff 15 recelved shall be
considered "usedn 1n that it wlll not be added to the
nbankn (or 1f added to the II bank" pr10r to the payoff
date shall be removed from the I1bankrt).
Term Life Insurance
The City agrees to maintain at no cost to the employee a
term llfe lnsurance plan for permanent employees covered
herein, with 1ndlvldual coverage of tWlce the employee's
annual base salary.
- 18 -
ARTICLE IV
4.01.
4.02.
LEAVES
Paid Holldays
Employees OccupYlng the line-ltem pos~tlons covered
hereln shall recelve pald holldays as follows:
New Year's Day
Martin Luther King's
Blrthday
Lincoln's Birthday February 12
Washlngton's Blrthday Third Monday ln February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day Flrst Monday in September
Thanksglvlng Day Fourth Thursday in November
The Frlday followlng Thanksgiving
The half-day immediately before Christmas Day
Chrlstmas Day December 25
The half-day immedlately before New Year's Day
One (l) floatlng hollday
All other holidays declared by the City Councll
January 1
Thlrd Monday in January
The floatlng hollday becomes available at the beginnlng
of each fiscal year and must be taken before the end of
that flscal year. Only those employees who are on the
payroll at the beglnnlng of the flscal year shall be
entitled to recelve the floating hollday for that flscal
year. If the floating holiday is not taken by the end of
the fiscal year, it shall be paid to the employee on the
final paycheck at flscal year end A floating holiday
which is cashed out at the end of the flscal year shall
be pald in an amount equal to eight (8) hours at the
employee's straight-time base salary rate of pay.
Whenever any day li.sted hereln as a paid hollday falls
upon the flrst or second day off of any employee who has
two (2) consecutlve days off, the day preceding shall be
deemed the hollday lf ~t falls on the first day off, and
the day following shall be deemed the holiday if it falls
on the second day off ln lleu of the day listed.
Whenever any day listed hereln as a pald holiday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the followlng day shall be deemed
the holiday for such employee
Vacatlon Leave
Each employee OccupYlng a regularly authorized full-time
position or a permanent and contlnulng part-time posltlon
- 19 -
4 03.
4.04
ln any employment classification covered herein shall
accrue vacatlon leave w~th pay on the following baSlS.
A. Following completion of the first six (6) calendar
months of contlnuous serVlce, SlX (6) working days.
B.
Thereafter, up to and including three
years of service, one (1) working
completed calendar month of serVlce.
completed
for each
(3 )
day
c. Thereafter, up to and including seven (7) completed
years of serVlce, one and one-quarter (1 25) working
days for each completed calendar month of service.
D. Upon complet1on of seven (7) years of service and
thereafter, one and one-half (1.50) work1ng days for
each completed calendar month of serV1ce.
E. Accrual of vacatlon leave hereunder shall not exceed
forty (40) days.
Slck Leave
Slck leave shall be def1ned as in Sectlon 2.04.570 of the
Santa Mon1ca Mun1cipal Code, hereby incorporated as lf
set forth 1n full herein, except that:
A Accrual of sick leave shall be as follows:
(1) Followlng the completion of the flrst SlX (6)
calendar months of continuous serVlce, SlX (6)
work1ng days.
(2) Thereafter, one (1) working day for each
completed calendar month of serVlce.
B. Sick leave shall be deflned as absence from duty
because of the employee's illness or off-the-Job
injury, exposure of the employee to contagious
dlsease as eVldenced by certification from an
accepted medlcal authority or medical or dental
appolntments of the employee which could not be
scheduled during non-work hours with proper advance
notlce to the City Attorney.
Leave of Absence Without Pay
An employee may be granted a leave of absence wlthout pay
upon appllcatlon approved by the City Attorney and the
City Manager Such leave may not exceed one (1) year's
tlme Upon explratlon of the leave, the employee shall
be relnstated to the position held before the leave was
- 20 -
4.05.
4.06.
granted.
where an
make it
services
Clty.
Such leave shall be granted only ln those cases
employee's record of service and qualificatlons
desirable for the Cl ty to retain hlS or her
even at the cost of some lnconvenience to the
Military Leave
An employee wlth a permanent civil serVlce status, who in
time of war or national emergency as proclalmed by the
President of the United States or the Congress of the
Unlted States, or while any natlonal conscription act lS
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 wlthln a
reasonable tlme after leaving hls/her employment wlth the
Clty does enter such serVlces, shall be granted a leave
of absence wlthout pay for the duratlon of the period of
actlve service with such armed forces. If such employee
receives an honorable dlscharge or its equlvalent and the
poslt~on still exists and the employee otherwlse is
qualified to fill the same, the employee shall have a
rlght to return to the positlon with the Clty wlthln six
(6) months after the termination of such active servlce
but shall not have a rlght to so return later than SlX
(6) months after the end of the war or after the time the
President or Congress proclaim the national emergency is
termlnated, or after the expiration of the natlonal
conscrlptlon act. Such an employee shall receive
seniority and other cred~ts on the same basis as though
the employee had remalned in the City service and had not
taken such mllltary leave. Leaves of absence w~th pay
for temporary military duty shall be granted ln
accordance with applicable State laws.
Workers' Compensatlon Leave
Employees covered herein hired pr~or to July I, 1985, who
are entitled to recelve disability payments under the
Workers' Compensatlon Act of Callfornla for on-the-job
lnJur~es sustained in the performance of the duties of
the employee's position, shall recelve from the City
during the flrst sixty (60) days of such disablllty
absence payments in an amount equal to the dlfference
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 thlrd day of such dlsabllity absence.
Employees covered hereln, hlred on or after July 1, 1985,
shall be entitled to only those Workers' Compensatlon
- 21 -
4.07.
4.08.
4.09
benefits speclfied under State law, and shall receive no
salary from the City durlng leave covered by the Workers'
Compensation Act.
Jury Duty
Employees covered herein, when duly called to serve on
any Jury and when not excused therefrom, shall receive
their regular compensatlon less all jury fees received
excluding mileage for the t1.me required to be spent on
active jury duty. Each employee receiving a notice to
report for Jury serVlce shall immedlately notify hls/her
immediate supervlsor. The employee shall make every
effort to cooperate with any request by the C1.ty Attorney
or h1.s/her designee to request a delay ln Jury serVlce to
accommodate l.mportant department work l.n progress.
Whenever daily jury duty schedullng permits, employees
shall return to thelr regular daily Job ass1.gnment to
complete their regular daily work hours.
Bereavement Leave
Bereavement leave of not more than five (5) worklng days
wlth pay shall be provlded for absence from duty due to
the death of a member of the employee's immedlate
famlly, meaning spouse, chlld, brother, slster, parent,
parent-ln-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-slster, grandparent or grandchild.
In addltlon, bereavement leave of not more than flve (5)
worklng days wlth pay shall be provlded for absence from
duty due to the death of any member of the employee's
household.
Parental Leave
Employees who demonstrate that they have prlmary
responsib1.lity for the care of a new Chlld who requires
constant parental supervision shall be entitled to a
leave of absence totallng four (4) months immedlately
following the chlld' s birth or adoptlon and shall be
returned to the same job claSSlflcatlon occupied prior to
the leave upon its eXplratlon Pald vacation leave or
slck leave, if appllcable, as well as unpaid leave shall
be counted toward the four (4) month total. Paid sick
leave can be used only If the requlrements of this MOD or
Section 2.04.570 (Slck Leave) of the Santa Monica
Munlclpal Code are met. Additional leave may be
requested under the provlsions of thlS MOD governing
leaves of absence without pay (Sectlon 4.04).
Maternity leave is not
shall be adm1.nlstered
Federal law.
same as parental
accordance with
leave and
State and
the
in
- 22 -
4.10.
Professional Leave
As partlal recognlt1on of the sensitive and demandlng
nature of the employee-employer relatlonshlp as regards
employees covered hereln, 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 servlce. An additional
professlonal day [total of nine (9) days] shall be
granted to all covered employees w1th fifteen (15) or
more years of service.
Professional days shall be earned in increments with five
(5) days available July 1 of each f~scal year and three
(3) addit10nal days avallable January 1 of each fiscal
year Employees wlth nine (9) days shall earn the extra
day as of January 1 of the fiscal year. Unused
professlonal leave days may be paid to the employee lf
he/she records them on the final time card of each fiscal
year or ~n such other pay period requlred by the Payroll
Division of the Finance Department. Unused cashable
professlonal leave days paid to the employee at the end
of each flscal year shall be paid on the basls of eight
(8) hours pay, at the employee's base salary rate of pay,
for each professlonal leave day ellglble for payoff.
In additlon to the cashable profess lanaI leave days
descrlbed above, each employee covered herein shall be
entitled to two (2) non-cashable professional leave days.
The two (2) non-cashable profess1onal leave days shall be
earned in increments wlth one (1) day available July 1 of
each year and one (1) additlonal day avallable 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 1n any glven fiscal year, nor shall
the employee be compensated for unused non-cashable
professional leave days at the end of the flscal year.
Any unused non-cashable professional leave day (s) shall
be forfeited at the end of the flscal year.
Each employee covered herein who 1S requlred, by the
schedullng requirements of the court system, to work
Monday through Frlday of each calendar week, shall be
entltled to recelve flve (5) additional non-cashable
professional leave days over and above those described
above. The flve (5) additional non-cashable professlonal
leave days shall be earned in lncrements with three (3)
days available July 1 of each year and two (2) addltional
days available January 1 of each flscal year These five
(5) addlt10nal non-cashable professional leave days shall
not be accruable from year to year if not used ln any
glven 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
- 23 -
4.11
~
professional leave days shall be forfelted 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 Frlday as of result of the
scheduling requirements of the court system on a
compressed work schedule, said employee would no longer
be entitled to rece1ve additional non-cashable
professional leave days once h1s/her work schedule has
been changed.
Famlly Leave
The CJ.ty hereby agrees to implement famlly and medlcal
leave in accordance with the California Family Rights Act
(CFRA) and the federal Family and Medical Leave Act
(FMLA) for all employees covered herein. These statutes
shall supersede and be lmplemented ln lieu of any
contract language or City pOllcy/practice which provides
a lesser benefit.
Before the ~ssuance of any admlnlstrative regulations
pertaining to leave under the CFRA or FMLA, the Cl ty
agrees to dlscharge lts meet and confer obligat1on wlth
PAU.
- 24 -
~
ARTICLE V: WORKING CONDITIONS
5.01.
5.02.
5.03.
Safety
The Cl ty shall provide a reasonably safe and heal thy
working enVlronment ln accordance with applicable State
and Federal laws and regulatlons. The Recognized
Employee Organization agrees that where safety devices or
items of protectlve equipment are required or furnished,
their use shall be mandatory.
It is mutually agreed that a representative of the
Recognlzed Employee Organization may attend meetlngs of
the Administrative Safety Committee when, in the opinion
of such representatlve, a safety hazard eXlsts which
should be considered by the Safety Committee.
Employee Parking
It is hereby agreed that the City will make every effort
to maintaln free parklng as lt presently eXlsts for City
employees at Clty facilities. The employees covered by
this Agreement recognize that the City must comply with
Regulation XV issued by the Alr Quality Management
Dlstrict (AQMD) and the Clty'S Transportation Management
Plan Ordinance. If the use of posltlve incentives does
not result lTI the Clty meeting the compliance
requlrements of AQMD's Regulatlon XV wlthin one (1) year
of the effective date of this Agreement, it is understood
that the Clty can lmplement a charge for employee parking
ln an effort to meet those requirements. In addition, lf
it should become necessary to charge for parking during
the term of thlS Agreement ln order to comply wlth any
other local, State or Federal requirements regarding
transportation management, the City can lmplement said
charge. However f in no event shall the Clty lmplement
such a charge for parking without meetlng and conferrlng
Wl th PAD should any employee (s) represented by them be
subject to such a charge.
Performance Evaluations And Effect Of Job Performance On
Salary
The Clty Attorney or his/her deslgnee shall evaluate in
wri ting the performance of employees covered hereln on
the following schedule
A. Once at the conclusion of the first SlX (6) months
of employment.
- 25 -
~
B. At the conclusion of the f1rst year of employment.
C. Annually thereafter on or about the employee's date
of entrance annlversary.
If the City Attorney or his/her deslgnee fails to conduct
a performance evaluatlon on or before its due date, the
employee shall adv1se the C1ty Attorney in wrlt1ng that
the evaluation is past due. The City Attorney or his/her
designee shall complete the evaluation within flfteen
(15) days of said wrltten notice and any step lncreases
t1ed to the evaluatlon shall be retroactive to the pay
period in WhlCh the evaluation was origlnally due.
In exceptional cases, based upon an Overall rating of
OUTSTANDING, the City Attorney may authorlze a step
1ncrease prior to the employee achievlng 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.
Notw1thstanding any provision contalned here1n, there
will be no 1ncrease in wages of any kind as a result of a
NOT ACCEPTABLE rat1ng on the employee's prescribed
periodic performance rating. There wlll be no subsequent
increases ln wages untll the NOT ACCEPTABLE rating has
been improved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE an employee
may be dlsmlssed from serVlce, and if two (2) consecutive
performance ratlngs are marked NOT ACCEPTABLE, the
employee shall be disffilssed by the appointing authorlty.
An overall rat1ng in the BELOW SATISFACTORY category may
delay the next scheduled salary increase at the
d1scretlon of the appolnting authority. Such action
shall remaln ln effect untll the rating has been lmproved
to at least a SATISFACTORY level.
An employee who recelves an evaluation of BELOW
SATISFACTORY or NOT ACCEPTABLE shall receive a follow-up
evaluatlon In three (3) months to assess progress ln
correctlng performance problems.
An employee who receives an evaluatlon of BELOW
SATISFACTORY or NOT ACCEPTABLE may request reVlew of the
rating by a panel consisting of the ASslstant City
Attorney, Chief Deputy Attorney of the employee's
division and a thlrd Deputy Attorney of the employee's
choice who shall review the rating and make
recommendations to the City Attorney in ..,rltlng. The
City Attorney shall consider the recommendatlons of the
panel and respond with his/her final deC1S10n including
reasons, 1n wr1ting.
- 26 -
.
r
5.04
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
ratlng is overall ABOVE AVERAGE or better shall be
eligible on his/her anniversary date to receive a cash
payment of five (5) percent of the annual base salary.
The ratlng upon WhlCh thlS payment shall be based shall
be the assessment of the individual conducted in the
preceding year, pursuant to thlS Section of the
Agreement. Sald payments shall not be considered base
salary in computlng subsequent salary adjustments but
shall be subject to PERS contrlbutlons. The bonus
payment, lf any, shall be made wlthin thirty (30) days of
the employee's anniversary date as regards appolntment to
a Deputy Attorney III posltion and shall be based on the
annual base salary ln effect on said anniversary date.
Employment Separations
A. Reductlons In Force
PAD, and each affected member of PAD, shall be
provlded thlrty (30) days' actual, wrltten notlce of
any reductlon ln force (l.e., layoff resultlng from
a reduction of the number of Deputy Clty Attorney
positlons budgeted ln the Clty'S Adopted Budget) by
the abolition of any position(s) held by non-
temporary employee(s). No employee shall be
termlnated pursuant to this provlslon prlor to
eXplratlon of the notlce period
- 27 -
~
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01.
6.02.
6.03.
6.04
Payroll Deductlons
It lS mutually understood and agreed that the Clty,
subject to the prOVlSlons of Ordinance No. 801 (CCS) and
durlng the term of this MOU, shall deduct and remit to
the office or officer deslgnated In the employee payroll
deduction authorlzatlon recognized employee organization
dues, credlt union investments or payments, health and
hospltalizatlon insurance premlums, and life and accldent
lnsurance programs.
Reasonable Notice
A copy (via the Unlted States Postal Servlce) of the City
CounCll and/or Personnel Board agenda for each meetlng
malled to the authorlzed representatlve of the Recognlzed
Employee Organlzatlon shall constitute reasonable written
notlce, and notice of an opportunity to meet wlth such
agencies, on all matters withln the scope of
representatlon upon which the Clty Councilor Personnel
Board may act.
Time Off For Assoclatlon Business
Authorized Assoclatlon representatives shall be allowed
to utlllze a total of forty (40) hours of tlme off with
pay durlng each calendar year ~o conduct necessary
Assoclatlon business. These forty (40) hours per annum
represent the aggregate maXlmum use for all authorized
representatives of the Assoclatlon per annum.
Grlevance and Complaint POllCY
In the event any grievances, disputes or dlsagreements
arlse concernlng the matters wlthln the scope of
representatlon of the Recognized Employee Organlzatlon,
such grievances, dlsputes or dlsagreements shall be
resolved as follows:
Grlevances, dlsputes or disagreements concerning the
interpretatlon or appllcatlon of the terms of thlS MOU
shall be resolved, if possible, by meeting and conferring
ln good falth. If unresolved by such meetlngs wlthln
flve (5) worklng days the partles shall consider
submlttlng such issues to medlatlon as provided by
Ordlnance No 801 (CCS). If elther party cannot agree to
- 28 -
,
mediation within five (5) worklng days, the partles shall
then select a grlevance board made up of one (1)
representative of PAD, one representatlve from
management I and a third who shall be a member of the
State Conciliatlon Service who shall also act as
chairperson. The decision of the board shall be blndlng
subJect to approval of the City Councll.
- 29 -
,
IN WITNESS WHEREOF, the partles hereto have caused thlS
Memorandum of Understanding to be executed thlS l4th day of
December , 1995.
PUBLIC ATTORNEYS UNION
~
Da-ih:-d-13orrino .
PAu~eprePJe t'v~
{/K J' .
Adam Radlnsk
PAU Representatlve
CITY OF SANTA MONICA
- . /.- r: C-"L
---c,e- ~....,
Jolln Jallll
Clty Manager
~~
Barry~senbaum
PAU Representative
APPROVED AS TO FORM:
tr~L~ti&4L~
Marsha J~es Moutrle
Clty Attorney
illpaUrTr::-'..i. ;5'11
- 30 -
Adopted and approved thrs 13th of December. 1995
IJ
Mayor
I hereby certIfy that the foregomg ResolutIon 8975 (CCS) was duly adopted at a meetmg
ofthe City CouncIl held on the 13th of December, 1995 by the followmg vote
Ayes
Councrl members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner, Greenberg
ATTEST
~ 'l.u.~
CIty Clerk
.
RESOLUTION 8976 eCCS)
(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
SANTA MONICA POLICE OFFICERS ASSOCIATION
WHEREAS, the City administration and representatives of the Santa
MOnica Police Officers Association have met and conferred under the terms of
Ordinance No. 801 (eCS) 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 govermng body for determmatlon; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmomous relations, cooperation, and understanding between
the City and the Santa MOnica Police Officers AssociatIon;
,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOllOWS:
Section 1. The City Council of the City of Santa MOnica does hereby
approve and authorize the City Manager to execute the Memorandum of
Understanding executed by the Santa Monica Police Officers ASSociation, 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'
~
MARSHA J ES MOUTRIE
City Attorney
Ikb 'smpoa 95h'l
..
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SANTA MONICAl CALIFORNIA
AND
SANTA MONICA POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
ARTICLE I:
PAGE#
GENERAL PROVISIONS
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:
1.15:
1.16:
ARTICLE II:
2.01:
2 02:
2.03:
2 04:
2 05:
2 06:
2.07'
2 08:
2.09:
2 10:
2 11:
2 12:
2 13:
2 14:
2 15:
2 16:
2 17:
2 18:
Parties to Memorandum....... ............3
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Term of Agreement........... ...........3
Continuation of Terms........ .. . . . ...4
Ratlflcatlon. . . . .. .. ..... . . .4
Recognized Employee Association Name . .4
Scope of Representation. . . . . . . . . . . . . . . . . .4
Full Understanding, Modification
& Waiver......... . . . . . . . . .. ....... 5
Management Rights Reserved. ...... .5
Peaceful Performance of City
Servlces. . . . . . . . . . . . . . . .. .......6
Validlty of Memorandum of Understanding 6
Captions for Convenience .... ..........7
Equal Employment.. ..... .... ... ... .7
Defini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Overpayment Remedy. ... ...... 10
Payments at Termlnatlon .. ............ .10
COMPENSATION
Effectlve Date of Pay Increase... 11
Salaries. . . . . . . . . . . . . . . . . . . . .11
Overtime. . . . . . . . . . . . . . . . . . . . . . . . .. .... .13
Call-Back Pay.. ..... ............ .14
Off-Duty Court Appearances............. .15
Court Standby . .. . . . . . . . . . . . . . 1 7
Beeper Pay.. . .. .... .... . . . . . .. .....18
Longevity Compensatlon.. .... ... .... 19
Educational Incentlve..... .... ... .... 19
Asslgnment Bonus.. . ............ .20
Motorcycle, Pilot, & Observer Pay. .... .20
Bonus for Employees Not on 4/10
Work Schedule..... . .... ........ .22
Blllngual Pay...... . . . . . .. ... .23
Promotional Pay Rate .... ..... .24
Y -Rating. . . . . . . . . .. .. . . . . . . . . . . . . .24
Actlng Pay...... . . . . . . . . . .. .... 24
FTO Bonus... . .. .. . . . . . . . . . . . 25
Agent's Pay......... ....... 25
1
.
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01:
3.02:
3.03:
3.04:
3 05:
3.06:
3.07
3.08.
3.09:
3.10:
3.11:
3.12:
Health Insurance Programs.... .......... .26
Beneflts Trust.. . . . . . . . . . . . . . . . . . . . . . . . .26
Optional Employee Benefit Program...... .27
Retirement.................. .......... .28
Deferred Compensation...... .......... .29
Equipment Provlded/Reimbursed.......... .29
Unlform Allowance. . . .. ........ ........30
Mileage Relmbursement.. . ..... ...... .30
Sick Leave Buy-Back... .... ........ ... .30
Slck Leave Bonus... ... ... ........ .32
Filming Assignment......... ............ .32
Health Incentive Bonus....... .......... .33
ARTICLE IV: LEAVES
4.01:
4.02:
4.03:
4.04.
4.05'
4.06:
4.07:
4.08:
4.09:
4.10:
4.11:
4 12:
4 13:
Paid Holidays.......... .... ....... .. .34
Vacation Leave. . . . ... . . . . . . . . . . . .35
Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . .. ..36
Leave of Absence Wlthout Pay...... ... .38
Bereavement Leave.......... ............ 38
Mllltary Leave.. ..................... .38
Workers' Compensation Leave........ .... .39
Parental Leave.... ................. .... .39
Job Shar lng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Minimum Staffing............ .......... .40
Assignment of Voluntary Overtime...... ..41
Probationary Perlod.. ...... ...... ... .41
Family Leave. . . . . . . . . _ . . . . .. ...........41
ARTICLE V: WORKING CONDITIONS
5.01:
5.02:
5.03:
5.04:
5.05:
5.06:
Safety. . . . . . . . . . . . . . . . . . . . . . . . .43
Effect of Job Performance on Salary. .. .43
Employee Parking................. .... .43
Vacatlon/Slck Leave Notlfication... .... 44
Conduct Review.......................... 44
Use of Civillan Employees and
Volunteers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 :
6.02:
6.03-
6.04
6.05
6.06
6.07:
6.08:
6.09:
EXHIBIT A. . . . .
Payroll Deductlons.................... ..46
Reasonable Notice..................... ..46
Agency Shop... . . . . . . . . . . . . . . . . _ . . . . . . . . . 46
Chairperson's Shift.................... .47
Time Off for SMPOA Business.. ..... ...48
Grievance & Complaint Policy.. .... ....49
Court Reporter. ....... . ......... ..50
New Police Department Facility.. ..51
Disabllity Retlrement Dlspute
Resolution Procedure................... 51
.54
2
SANTA MONICA POLICE OFFICERS ASSOCIATION
CITY OF SANTA MONICA
ARTICLE I: GENERAL PROVISIONS
1.01. Parties to Memorandum
ThlS Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
Clty of Santa Monica, which ordinance lS hereby
incorporated by reference as if fully set forth hereln,
and has been executed by the City Manager on behalf of
the City and by the Santa Monica Police Officers
ASSOclatlon (SMPOA), on behalf of employees occupying the
line-item posltion classifications set forth in Exhibit
A whlch 18 attached hereto and made a part hereof.
1.02.
Purpose
The parties agree that the purpose of this MOU lS: to
promote and provlde harmonlOUS relatlons, cooperatlon and
understanding between the Clty and the employees covered
herein; to promote an orderly and equitable means of
resolving dlfferences WhlCh may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meetlng and conferring in
good falth regardlng matters wlthln the scope of
representat~on for employees represented by SMPOA.
1.03.
Term of Aqreement
This agreement shall be effective on July 1, 1995 and
shall rema~n ln full force and effect until
June 30, 1997. It shall be automatically renewed from
year to year thereafter unless either party notifies the
other in writing not later than March 1, 1997 (or in the
event of an automatic renewal, March 1 of the followlng
year) that lt deslre8 to terminate or modify this
agreement, and specifically ~ndlcates requested
modlflcatlons. If the Clty, as a result of a final
declsion of the California or United States Supreme Court
ln the case of Santa Clara Local Transportation Authority
v. Guardlno and/or related State legislation, is no
longer able to collect taxes derived from an ordinance
whlch was not approved by the voters, the City shall have
the option of reducing the term of this agreement to a
one year per~od so that the agreement would expire
June 30, 1996 The City must exercise this option by no
later than March 1, 1996 by written notlflcation to
SMPOA, in which case each party shall have untll
April 1, 1996 to submlt lts requested modifications to
the entire agreement.
3
1.04.
1.05.
1.06.
1.07.
Continuation of Terms
The wages, hours of work and other terms and conditions
of emploYment covered by this MOU, lncluding those wages,
hours of work and other terms and conditions of
employment in eXlstence prior to this MOU although not
specifically referred to by this MOU, shall constitute
the wages, hours of work and other terms and conditlons
of employment for the term of this MOD.
Ratlfication
This MOU is of no force or effect whatsoever unless or
until ratlfied and approved by the membership of the
SMPOA and ratified and approved by resolution duly
adopted by the Clty Councll of the City of Santa Monica.
Recoqnized Employee Association Name
The SMPOA is hereby acknowledged as the Recognized
Employee Organizatlon representing only the permanent
line-ltem employment position classiflcations set forth
In Exhibit A (which is attached hereto and made a part
hereof) pursuant to Sectlon 3.04 (c) of Ordinance No. 801
(CCS). It is the mutual understanding of the parties
hereto that acknowledgment of the SMPOA as the recognized
employee organizatlon:
A.
Does not preclude employees
posltion classlfications
themselves individually in
relations wlth the City.
such employment
representing
employment
in
from
their
B. Does not preclude or restrict the right of
management offlclals to meet and consult with
employees in such employment position
classificatlons concerning thelr employment
relatlons with the City.
C. Does not permit (and hereby expressly prohlbltS)
employees occupying the employment positlon
classificatlons of Police Lleutenant and Police
Captain from representing the SMPOA.
Scope of Representatlon
The scope of representation of the recognlzed employee
organization shall include all matters relatlng to
employment condltions and employer-employee relations
including, but not llmlted to, wages! hours, and other
terms and condl tions of employment, except, however, that
the scope of representat~on shall not lnclude
consideratlon of the merits, necesslty, or organizatlon
of any serVlce or activity provlded by law or executive
order and that the scope of representatlon shall be
4
1. 08.
1.09.
exercised or performed in compllance wlth the provislons
of Ordinance No. 801 (CCS).
Full Understandlnq, Modification and Waiver
The parties agree that each has had full and unrestricted
right and opportun~ty to make, advance, and dlSCUSS all
matters properly within the scope of representation as
outlined in Sectlon 2.05 of Ordinance No. 801 (CCS). This
MOD constitutes the full and complete agreement of the
parties and there are no others, oral or wrltten, except
as speclfled in this agreement. Each party, for the term
of this MOU, specifically walves the rlght to demand or
petition for changes herein, whether or not the subjects
were known to the parties at the time of executlon hereof
as proper subjects within the scope of representatlon as
outlined in Section 2.05 of Ordinance No. 801 (CCS)
Management Rlghts Reserved
The City retains all rights not specifically delegated by
thlS agreement , including, but not liml ted to, the
exclusive right to:
A.
Direct, supervise,
discipline, dlscharge,
and retaln employees.
suspend,
schedule
hlre, promote,
transfer, asslgn,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefflclent or nonproductlve.
C. Determine services to be rendered, operatlons to be
performed, utilization of technology, and overall
budgetary matters.
D. Determlne the appropriate job classifications and
personnel by whlch government operatlons are to be
conducted.
E Determine the overall mission of the unit of
government.
F
Malntaln and improve the efflciency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the misslon
of an agency ln sltuations of emergency.
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwlse
specified above or by collective agreement to the
extent the City acts ln a legal manner in
compllance with State law.
5
1.10.
1.11.
Peaceful Performance of City Services
A. It is mutually understood and agreed that
partlclpat10n by any employee in a strike or a
concerted work stoppage terminates the employment
relationship in the absence of specific written
waiver of such terminatlon by an authorlzed
management off1cial.
B. It lS mutually understood and agreed that none of
the partles hereto will participate in, and/or
encourage, ass 1St or condone any strike, concerted
work stoppage, cessat10n of work, slow-down,
sit-down, stay-away, illegal picketing or any other
illegal form of lnterference wlth or limitatlon of
the peaceful performance of City services. In the
event of any such action, the City has avallable to
it any and all remedies provided by law.
C. The protectlon of the publlC health, safety and
welfare demands that neither the employee
organizatlon, and lts members, nor any person
actlng in concert with them, shall cause, sanction,
or take part ln any strike, walk-out, sit-down,
slow-down, stoppage of work, plcketlng, retardlng
of work, abnormal absenteeism, withhold1ng of
serVlces, or any other illegal interference wlth
the normal work routlne. The provislons of this
artlcle shall apply for the same term as this
agreement, or durlng any renewal or extension
thereof.
D. The Clty agrees that there shall be no general
lockout of bargalnlng unit members.
E. Both partles agree to exercise good falth in
complYlng with the terms and conditions of this
MOU.
F. The Personnel Dlrector shall review the compllance
wlth thls MOD at least once every SlX months.
G. The provislons of thlS Section shall apply for the
same term as this MOD or during any renewal or
extenSlon thereof.
Validity of Memorandum of Understanding
If any provision of thlS MOD is determined to be invalid
or lllegal by a court of competent jurlsdiction, or
should any change be made in any Federal or State law, or
l.n any rules and regulations implementing such
legislatlon, or In any Clty Charter provislon herein
contained, then such provision shall be superseded and
severed from this MOU, and shall be replaced by a
6
1.12.
1 13.
1.14
substitute benefit or provision of equal value or worth,
with the remalnder of thlS MOU to remain 1n full force
and effect. The part1es hereto shall 1mmediately meet for
the purpose of determining the precise nature and form of
such Substltute beneflt or provision for the purpose of
replaclng any such invalid or lllegal provls~on.
Captions for Convenlence
The captions here1n are for convenlence only and are not
a part of thlS MOD and do not in any way llmlt, define,
or ampllfy the terms and provisions hereof.
Equal Employment
It is agreed that a balanced work force can enhance the
Pol i ce Department's rel at ions wi th the communl ty . The
Ci ty and SMPOA will fully comply Wl th the letter and
spirit of all applicable Federal, State and local laws,
rules and regulatlons governing equal emploYment
opportunity and wlth the City's current Afflrmatlve
Action Program and current POllCY on Sexual Harassment,
which are lncorporated by reference herein. The Clty and
SMPOA will strlve to achieve a work place free of b~as
and neither party will support or condone manifestations
of pre]UdlCe by employees covered hereunder. Both
partles agree to ablde by the requirements of the
Americans wlth Disabilities Act (ADA)
Definltlons
The following deflnitions are to be applled in the
lnterpretation of thlS MOU'
A. IISalary Range" shall mean the normal five step (A
through E) hourly or monthly pay scale (and the
bl-weekly equivalent) asslgned to each employment
posltion classification within the City work force
based upon the following amounts of service ln the
positlon:
Step
Amount of Service
A
B
C
D
E
During-first year
During second year
Durlng third year
During fourth year
After fourth year
The above step progresslon shall be subject in all
cases to the provislons of Sect10n 5.02 herein.
B. II Salary Range Steps A Through E II for each
employment posltlon classification within the City
work force shall mean and be established to bear
7
the following percentage relatlonshlp to Salary
Range Step E computed to the nearest dollar.
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 50 cents or less and
the next higher dollar when the computed amount is
51 cents or more.
D. ULlne-Item Position" shall mean a position which
is:
(1) specifically itemlzed ln 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
week.
E "Permanent Employeell shall mean:
(1) A person who lS legally an incumbent,
including a probatlonary employee, of a
line-item posltion, or
(2) A former legal incumbent of a line-ltem
posltion on authorized leave of absence from a
regularly budgeted position which posltion is
held for the employee pending the employee's
return.
The term 11 permanent employee II shall not be
construed to imply a guarantee of continued
employment. However, no permanent employee who has
completed hlS or her probationary per10d shall be
denied the right to those due process protections
approprlate to his/her status under the Municipal
Code and City Charter and applicable State law.
F. "Date of Entrance Annlversary" shall mean the date
whlch recurs annually after the date of entry into
a position in the classified service of the City of
Santa Monica, either by original employment,
re-employment or promotion. The date of entrance
8
for employees with broken service shall be
considered as the date on which the last unbroken
serVlce was effective.
G. nSatisfactory SerVlce" shall mean the attalnment of
not less than "Overall Satisfactoryn on the
performance report lmmedlately precedlng the
employee's date of entrance anniversary.
H. "Full-time Work Weekn shall mean forty (40) hours.
(1) The aforementioned work week includes all time
spent, if any, for meal periods and briefing
tlme as directed and assigned by the Clty. No
extra compensatlon shall be granted for any
work performed during said meal periods or
brlefing sessions, if any, and during said
periods officers shall be subject to the
dlrection and control of the City. The City
may hold voluntary briefing periods at which
attendance is not requlred. No compensatlon
shall be provided for attendance at any such
voluntary period, unless otherwise required by
applicability of the Fair Labor Standards Act.
(2) Incumbents of llne-item positlons employed in
a work week less than that deflned as the
full-time work week shall be compensated in
that proportion of the compensatlon for
full-tlme employment as the number of hours
budgeted for that positlon bears to the
full-tlme work week; incumbents of line-item
positions employed in a work week greater than
that defined herein shall be compensated for
hours in excess of the full-time work week on
the baS1S of and ln accordance wlth the
provisions of Sectlon 2 03 hereof relatlng to
overtime.
(3) Incumbents of llne-ltem poslt~ons regularly
worklng less than the full-time work week
shall accrue vacatlon, slck leave and other
time off ln the same ratlo as the average
number of hours they work per week is to the
full-tlme work week for the position occupied.
I. "Base Salary" shall mean the employee's salary and
does not lnclude longevlty, overtime, bonuses,
educatlonal lncentlve, etc.
J. nEffective Salary" shall mean the employee's salary
and longevity.
K. "Regular Rate of Payn shall mean the employee's
base salary plus longevlty, educatlonal lncentlve,
9
1.15.
1.16.
5/8 bonus, motorcycle/p1lot/observer bonus, agent
pay, FTO pay, and any other supplemental pays
required to be included by the Fair Labor Standards
Act (FLSA), should FLSA be appllcable to employees
covered herein.
L. 11 Pay II shall mean compensation for regular hours
worked, slck leave, bereavement leave, vacation,
holldays, and/or JUry duty.
M. IIIn Pay Statusll shall mean receivlng pay.
N. "Completed calendar month of servicell shall mean a
calendar month in whlch an employee has been in pay
status for at least eleven (11) eight-hour days or
the equivalent number of hours.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
Clty for any overpayment of wages or benefits. Sald
relmbursement shall not be required until the City
not1fies the affected employee 1n writing. If the
overpayment was not the result of fraud or
mlsrepresentation by the employee, the overpayment shall
be reimbursed by payroll deductlons over a time period
equal to the tlme period the overpayment was made, or by
any other reasonable repayment method mutually acceptable
to the City and the employee If the overpayment was the
result of fraud or mlsrepresentatlon, the overpayment
shall be reimbursed by lmmediate lump-sum payroll
deduction(s). In any event a lump-sum deduction shall be
required if the next subsequent employee payroll warrant
lS the f1nal or termination warrant issued to the
affected employee.
Payments At Terminatlon
When permanent employees covered herein leave the serVlce
of the City of Santa Monica they shall be entltled to
lump sum payoff of unused vacation days, unused
compensatory tlme and unused II banked n holldays as deflned
in Sectlon 4 01. No clalm shall be made aga1nst the Clty
for the use or payoff of unused sick leave, nor shall the
effective date of terminatlon be extended by use of sick
leave, vacation or deferred ho11days.
10
ARTICLE II. COMPENSATION
2.01 Effective Date Of Pay Increase
Notwithstanding any other prOV1Slon contained
salary-related changes provided herein shall
effective on the first day of the payroll period
to the effectlve date stated hereln.
herein,
become
closest
2 02.
Salaries
Salaries of City employees ln llne-item positions shall
be on a monthly rate, paid on a bi-weekly basis. In lieu
of the bi-weekly equivalent to the monthly rate, the Clty
Manager may fix the compensation of any posltion at an
hourly rate. In positions for WhlCh the work week is
forty (40) hours, the hourly rate shall be determined by
dividing the bi-weekly rate by elghty (80).
A EffectJ.ve July 1, 1995, the E-step salaries of
employees covered hereln shall be lncreased by two
percent (2%).
B. Effective April 1, 1996, the E-step salarles of
employees covered hereln shall be lncreased, if
necessary, by the percentage equivalent of the
amount required to cause the total compensation, as
deflned below, of the classification of Pollee
Officer to be the second highest of the total
compensation pald to employees at top step, with
sixteen (16) years of serVlce, of a comparable
classlflcatlon in the followlng local police
departments: Torrance, Beverly Hills, Inglewood,
Gardena, Culver City, Pasadena, Glendale, Compton,
Burbank, and Redondo Beach. For the purposes of
thlS provision, total compensation shall be
calculated by addlng to the base salary the value
of the employee's requlred retirement contribution
if: 1) the employer pays the employee's requlred
retlrement contributloni or 2) the employee pays
his/her requlred retlrement contribution in
exchange for an increase having been made to the
employee's compensatlon. There shall then be
subtracted from thlS sum any compensatJ.on
enhancement received in return for any agreement on
behalf of the employee to pay hls/her own
retirement contrlbution. There shall then be added
to the resultJ.ng remaJ.nder the maXlmum amount WhlCh
any such employee may receive over and above base
salary for uniform allowance, longevity bonuses and
deferred compensation payments made by the employer
as a salary substitute on behalf of all employees
11
in the comparable classification and the value of
any retlrement enhancement produced by causlng the
employer's payment of the employee's normal
retirement contrlbution to be included In the base
upon which retirement beneflts are calculated. The
latter item shall be computed by multiplYlng the
value of the employer pald employee retirement
contributions by the employer's required
contrlbutlon rate plus nlne percent. As an
example, if the compensation earnable of an
employee is $4,000 per month and the employer's
requlred contributlon rate is 11%, the value of
this enhancement is $72.00 [$4,000 x .09 = $360;
$360 x (.09 + .11) = $72.00].
C. Unless the City lawfully exerClses the option
described in Sectlon 1.03, effective July I, 1996,
the E-Step salaries of employees covered herein
shall be lncreased by a mlnlffium of two percent
(2%), OR, if higher, by an amount equal to the
percentage increase in the ~cost-of-living~ lndex
as measured by the Consumer Prlce Index (for Urban
Wage Earners and Clerical Workers, 1967 = 100) for
Los Angeles-Riverslde-Anahelm, Callfornia,
publlshed by the U.S. Department of Labor, Bureau
of Labor Statistics, for the base period of April,
1995 to April, 1996. However, in no event shall
said adJustment exceed four percent (4%).
D. Unless the City lawfully exerClses the optlon
described ln Sectlon 1.03, effective April I, 1997,
the E-step salarles of employees covered hereln
shall be increased, lf necessary, by the percentage
equl valent of the amount requlred to cause the
total compensation, as deflned below, of the
classificatlon of pollce Officer to be the second
hlghest of the total compensatlon paid to employees
at top step, wlth sixteen (16) years of serV1ce, of
a comparable classiflcat10n in the following local
police departments: Torrance, Beverly Hills,
Inglewood, Gardena, Culver Clty, Pasadena,
Glendale, Compton, Burbank, and Redondo Beach For
the purposes of this provision, total compensation
shall be calculated by addlng to the base salary
the value of the employee's normal retirement
contrlbution If: 1) the employer pays the
employee's required retirement contribution; or 2)
the employee pays his/her required retirement
contribution in exchange for an increase havlng
been made to the employee's compensatlon. There
shall then be subtracted from this sum any
compensation enhancement recelved in return for any
12
.
2.03.
agreement on behalf of the employee to pay his/her
own retlrement contribution. There shall then be
added to the resulting remainder the maximum amount
whlch any such employee may receive over and above
base salary for uniform allowance, longevity
bonuses and deferred compensat~on payments made by
the employer as a salary substitute on behalf of
all employees In the comparable classlfication and
the value of any retirement enhancement produced by
causlng the employer's payment of the employee's
normal retirement contr1butlon to be included ln
the base upon whlch retirement beneflts are
calculated. The latter item shall be computed by
multiplying the value of the employer paid employee
retirement contribut~ons by the employer's required
contribution rate plus nine percent. As an
example, lf the compensation earnable of an
employee is $4,000 per month and the employer's
required contribut10n rate is 11%, the value of
this enhancement is $72.00 [$4,000 x .09 = $360 i
$360 x (.09 + .11) = $72.00].
overtime
overtime shall mean work by employees occupying regularly
authorized llne-ltem positions in any employment position
classification covered hereln ln excess of the employee's
regularly ass~gned work day or ln excess of forty (40)
hours ln one week, provided such hours of work have had
the prlor approval of an authorized departmental
management official. Except as provided below, all
authorized overtime shall be compensated for by cash
payment based upon one and one-half (1-1/2) tlmes the
hourly rate equlvalent of the employee's monthly
effectlve salary computed to the nearest one-tenth of an
hour, except that in lleu of the effectlve salary, the
regular rate of pay shall be used for all overtime if the
provlsions of the Fair Labor Standards Act (FLSA) are
appllcable to employees covered herein. Notwithstanding
the above, employees in the classification of Police
Captaln shall not be entltled to any additional
compensation for performlng regularly scheduled weekend
standby duties which are included within their normal
working hours.
Subject to the followlng llmltatlons, each employee may
elect to recelve up to eighty (80) hours per flscal year
of overtime compensatlon, after conversion to premium
time, in the form of compensatory time off benefits in
l~eu of a cash payment. Employees assigned to any work
schedule other than the 4/10 work schedule, except for
13
2.04
.
motor officers, may only convert overtime earned as l) a
result of worklng beyond the end of a regular work shift,
2) because of a shortage of personnel, 3) as a result of
special investlgations, and/or 4) the 4th of July.
Employees assigned to a 4/10 work schedule and motor
offlcers may only convert overtime earned as a result of
court overtime that represents hours worked, or credlted
as having been worked pursuant to Section 2.05, ln excess
of the regularly scheduled work shift. All such
compensatory time off beneflts must be utilized durlng
that same flscal year. The employee also has the opt10n
of cashlng out some or all of his/her accrued
compensatory time during the fiscal year by adding the
time to h~s/her time card. Any such benefits not
utillzed or cashed out dur1ng that fiscal year shall be
compensated by a cash payment at the conclusion of that
fiscal year. The utillzation of time off benefits shall
be accomplished in the same manner and subJect to the
same terms and conditlons as the use of vacation
beneflts.
The Chief of Police, at h1s/her discretlon, may lncrease
the maximum amount of compensatory tlme off that may be
earned 1n any given fiscal year to allow an employee to
maintain an on-golng bank of up to eighty (80) hours,
provlded that compensatory time off may not be utllized
if it will result ln the obligatlon to provide overtime
compensation to replace that employee.
~all-Back Pay
Should a supervisor determine that it is necessary to
call back any full time employee to work outside of
his/her regularly scheduled work hours, compensatlon
shall be as follows:
A. The employee who would regularly be off-duty for
the entlre perlod worked shall receive the
applicable overtime hourly rate of pay for all
hours actually worked, but ln no event shall the
employee recelve less than the equivalent of two
(2) hours pay For prearranged detalls, the minlmum
shall be for four (4) hours pay as described above.
B. Where the overtlme worked commences within two (2)
hours (or, in the case of prearranged detalls, four
(4) hours) prlor to the beglnning of the employee's
regularly scheduled work shift, the employee shall
recelve overtime compensation at the appllcable
overtime hourly rate of pay for all time
transplring between the commencement of the
overtime and the time the regularly scheduled work
14
2.05
Shlft was scheduled to begin. Except as provided
above, indlvidual employees shall not have thelr
work schedule changed to avo1d the paYment of
compensation under th1S Sectlon. Th1S shall not
prevent the Department from changing the schedules
of groups of employees.
This Section shall not apply to overtime resulting
from an extenslon of the regular work shift, court
appearances, court standby, or filmlng assignments.
Off-Duty Court Appearances
Employees who appear in court while off-duty 1n response
to a subpoena or directive relating to a matter that
arose during the course and scope of the~r emploYment
shall receive compensat~on as follows:
A. Except as provlded below ln paragraphs B, C and D,
employees who would regularly be off duty for the
entire period of the appearance shall recelve the
appllcable overtime hourly rate of pay for either
the actual number of hours 1n attendance, less any
noon recess, or a minimum of three (3) hours,
whichever is greater.
B. Where the court appearance commences within three
(3) hours prior to the beginning of the employee's
regularly scheduled work shift, the employee shall
recelve overtime compensation at the applicable
overtime hourly rate of pay for all tlme
transpiring between the commencement of the court
appearance and the t~me the regularly scheduled
work shlft was scheduled to begin. In the event of
a situatlon that would have lnvoked the provisions
of Bectlon 2.04 of this Agreement, an employee may
be assigned to perform law enforcement dut~es that
otherwise would have been performed on a call back
bas~s durlng that period of time between the end of
the court appearance and the commencement of the
employee's regularly scheduled shift without being
entitled to any additlonal compensation over and
above that descrlbed above.
C Where a court appearance begins three (3) or less
hours after the end of the employee's regularly
scheduled work shift, the employee shall recelve
compensation at the applicable overtime hourly rate
of pay for all time transpirlng between the end of
the regularly scheduled work shift and the
concluslon of the court appearance; prov~ded that
where the court appearance commences on the
15
employee's regularly scheduled day off the employee
shall also be entitled to a minimum of three (3)
hours overtime compensation as provided above ln
paragraph A. In the event of a sltuatlon that would
have invoked the provislons of Section 2.04 of thlS
Agreement, an employee may be assigned to perform
law enforcement duties that otherWlse would have
been performed on a call back basis during that
period of time between the end of the employee's
regularly scheduled shift and the commencement of
the court session without belng entitled to any
additional compensation over and above that
described above.
D. The provisions of this Sectlon shall apply if a
court appearance that is scheduled to occur on an
employee's scheduled day off (lncluding, for
example, an approved vacatlon) is canceled less
than twelve (12) hours in advance of the time the
appearance lS scheduled to begin.
E. The provlslons of this Section shall not apply if a
court appearance outside of the employee 's
regularly scheduled work hours on the employee 's
regularly scheduled work day is canceled any tlme
prlor to the time of the court appearance.
F . Except as provided above in Subsect ion B, 1 f an
employee is ordered to report to work after having
slgned out from the court appearance in accordance
with Department policy, for other than hls/her
regularly scheduled shift, the provlsions of
Section 2.04 shall apply.
An employee who appears in court on a day which is a
regularly scheduled work day and is excused from court
prlor to the beginning of his/her regular work hours may
request to begln work early. If an employee elects to
work early under this Section, the employee's work shift
will end early by the same amount of tlme by which the
employee began hls/her work shlft early. When the
Department approves an employee-lnltiated actlon, he/she
shall forfelt any overtlme compensation for the hour(s)
applled to his/her regular work hours. Except as provided
above, individual employees shall not have their work
schedules changed to avo1d the payment of compensatlon
under th1S Section. ThlS shall not prevent the Department
from changing the schedules of groups of employees.
16
2.06.
Court Standby
Whenever an employee has been placed in an on-call or
standby status whlle off duty in response to a subpoena
or directive ln relation to a matter that arose during
the course and scope of employment, the followlng shall
apply:
A. For (1) the first court seSSlon (either morning or
afternoon} during a calendar day, and (2) the
second court session durlng a calendar day where
the requ1.red appearance is in connectlon W1.th a
dlfferent matter than was involved in the first
court appearance, employees shall receive
compensation as follows:
1. Employees who are off -duty for the entire
perlod of the court session shall receive an
amount equal to three (3) hours of
compensation at the straight tlme rate.
2. Where the standby or on-call ass1gnment
commences wlthin three (3) hours prior to the
beginnlng of the employee's regularly
scheduled work shift, the employee shall
rece1.ve compensation at the appllcable hourly
rate of pay for all time transpiring between
the commencement of the standby or on-call
assignment and the tlme the regularly
scheduled work Shlft was scheduled to begln
3. The provisions of this Section shall apply if
a standby or on-call assignment that lS
scheduled to occur on an employee's scheduled
day off (including, for example, an approved
vacation) lS canceled less than twelve (12)
hours ln advance of the time the assignment is
scheduled to begin.
4. The provislons of thlS Sectlon shall not apply
if a standby or on-call ass1.gnment that is
scheduled to occur on an employee's scheduled
work day lS canceled any time prior to the
commencement of the standby or on-call status.
B. For the second court session in connection with the
same matter on that calendar day, the employee
shall receive compensation on an hour for hour
basis at the stralght tlme rate.
17
2.07.
C. Employees who are called into court after hav~ng
been in an on-call or standby status shall be
compensated as follows:
1. An employee who is required to appear in court
during the initlal court session on a calendar
day that the employee is placed in an on-call
or standby status shall recelve appropriate
premlum overtlme compensation as prov~ded in
Section 2.05 of this Agreement as if the court
appearance began at the tlme the on-call or
standby assignment commenced.
2. An employee who is ln an on-call or standby
status during the first and second court
sess~ons and is required to appear in court
during the second court session shall recelve
stralght time compensation for the flrst court
session in accordance wlth paragraph A.I of
this Section and shall receive appropr~ate
prem~um overtime compensatlon for the second
court session in accordance with paragraph C-I
of thls Section
Beeper Pay
Effective July I, 1995, the following posltions shall be
eligible to receive beeper pay in the amounts deslgnated
below An employee holding one of the deslgnated
positlons wlll only be ellglble to recelve the beeper pay
for those weekends (72-hour periods) for which it lS
mandatory that the employee report back to work If he/she
is paged. Employees who are called back to work under
the provisions of this paragraph shall receive overtime
compensation, lf appropriate, only for time actually
worked wlth no minimum guarantee The positions covered
by thlS provislon are as follows: one (1) crim~nal
investlgation supervisor; two (2) homiclde invest1gators;
one (I) sex crlmes investigator; one (1) supervisor of
speclal enforcement; three (3) llability assessment team
offlcers; one (1) supervisor assigned to the Office of
Special Enforcement (OSE) i and one (1) investlgator
assigned to the maJor accident investigations team. The
beeper pay bonus which will be paid under this prov~slon
is as follows: Police Offlcer $75.00/weekend (72-hour
period), pollce Supervisor $85. OO/weekend (72 -hour
period). It will not be mandatory for employees other
than those holdlng one of the posltlons deslgnated in
thlS provision who are provided a beeper by the Police
Department to respond or report back to work if paged
except in the event of a general call-back ~n the case of
an emergency
18
2.08.
2.09
Any reasslgnment resulting in the discontlnuance of the
bonus shall not constitute a demotion under City Charter
Section 1110 and Municlpal Code Section 2.04.630.
The SMPOA shall not assert, nor represent or provide
representation to any member in asserting, that the
dlscontinuance of the bonus constitutes a demotion under
City Charter Section 1110 and Municlpal Code Sectlon
2.04.630. The SMPOA agrees that loss of these beneflts
through elimlnation of the requirement that an employee
carry a beeper does not constitute punltlve action withln
the meaning of the Public Safety Offlcer's Procedural
Bill of Rlghts Act, Government Code Section 3500, et.
seq.
Lonqevlty Compensation
Each employee covered hereunder shall receive additional
monthly compensation at the rates and for the service
periods set forth ln the following table:
% Payment
Years of Continuous Service
2.7%
5.4%
8.1%
Over five (5) years to ten (10) years
Over ten (10) years to fifteen (IS) years
Over fifteen (15) years
For the purpose of
defined as service
Agreement.
service
covered
shall be
by this
thlS provlsion,
in position(s)
Educational Incentlve
As an 1ncentive for educational advancement, the City
shall pay an amount equal to six percent (6%) of the
applicable base salary after attainment of an
Intermedlate Certificate from the State Commission on
Peace Officers Standards and Training (POST) or
attainment of an AA or AS degree, or the equlvalent In
terms of numbers of units and courses taken, in Police
SClence or a related fleld from an accredited college or
unlversltYi or an amount equal to twelve percent (12%) of
the applicable base salary after attainment of an
Advanced Certlficate from the State Commission on Peace
Officers Standards and Tralning (POST) or attainment of
a Bachelor's degree in pollce Science or a related fleld
from an accredlted college or university.
Any employee who through inexcusable neglect fails to
satisfy the minlmum POST mandated training requirements
shall be disquallfled from receiving the benefits
19
2.10.
2.11.
provided in this Sectlon for a period of one (1) year
follow~ng the disqualiflcation.
Assiqnment Bonus
A. All employees asslgned to the Investlgations
Divislon or the Narcotlcs/Vice sectlon shall
receive an assignment bonus equal to flve percent
(5%) of the employee's base salary dur1ng the time
the employee 1S assigned to work ln that
divlsion/sectlon.
B. All employees holding a position ln the job
classif1cation of Police Officer and Police
Sergeant assigned to a Metro team shall receive an
assignment bonus equal to five percent (5%) of the
employee!s base salary durlng the time the employee
is asslgned to work on a Metro team.
C. Any employee other than those who hold positions in
the assignments listed in subsections A and B above
who are currently receiving an assignment bonus
shall be "grandfathered" and thereby contl..nue to
recelve thlS assignment bonus as long as that
employee continues to hold that positlon. Should
the employee be given a new assignment, the bonus
shall be removed, and the employee who replaces
that employee will not be entitled to receive the
assignment bonus.
D. Any reassignment resulting in the discontinuance of
the assignment bonus shall not constltute a
demotion under City Charter Section 1110 and
Municipal Code Section 2.04.630.
E The SMPOA shall not assert! nor represent or
provide representation to any member in asserting,
that the dlscontinuance of the asslgnment bonus
constltutes a demotlon under City Charter Sectlon
1110 and Munlcipal Code Sectlon 2.04.630.
F. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punitlve action within the meanlng of
the Publl..c Safety Offlcers' Procedural Bill of
Rlghts Act! Government Code Section 3500, et. seq.
Motorcycle, pilot and Observer Pay
A. Employees covered hereln who are assigned to the
motorcycle detail shall receive a bonus pay of
$250.00 per month. Employees covered here1n who are
20
assigned as pilot for the pollce aircraft shall
receive a bonus pay of $150.00 per month. If such
employees are assigned to a 5/8 work week the terms
of Section 2.12 shall apply. No agent or FTO pay
shall be made to employees in these assignments,
and the provisions of Resolutlon No 6553 (CCS) are
hereby superseded and shall no longer apply.
B. Employees asslgned as observers for the police
alrcraft shall recelve a bonus pay of $1.50 per
each hour actually spent in that capacity, provided
that on each occaSlon an lndividual is requlred to
serve ln that capacity, she or he shall receive a
minimum bonus pay of $6.00.
c. In addltlon, the City shall procure on behalf of
each person who serves as a pllot, crew member, or
observer for the police alrcraft an accidental
death and dlsmemberment insurance policy which will
provlde among other benefits a cash payment in the
sum of $100,000 to the deslgnated beneficiaries of
any such employee who is killed as a result of an
on-duty accident whlle serving in any such
capaclty.
D. Employees covered hereln who are assigned to the
motorcycle detail shall have the option of home-
garaging the motorcycle and riding the motorcycle
back and forth between home and work for any and
all duty assignments as long as the employee's home
lS wlthln a 25-mile radius of the City. If an
employee lS eliglble to home-garage his/her
motorcycle and elects to do so, he/she shall
perform all cleanlng and detailing duties currently
performed on-duty while on off-duty status and
shall not receive any additional compensatlon for
performlng those duties. The employee who elects
to home-garage hls/her motorcycle cannot stop along
the way for personal business while riding the
motorcycle to and from work The motorcycle must
also be stored lnslde a locked garage and cannot be
parked on the street or driveway.
E. Any reass~gnment resultlng ln the dlscontlnuance of
the bonus shall not constltute a demotlon under
City Charter Sectlon 1110 and Munlclpal Code
Sectlon 2 04.630.
F. The SMPOA shall not assert, nor represent or
provide representatlon to any member in asserting,
that the discontinuance of the bonus constitutes a
21
2.12
demotion under City Charter Section 1110 and
Municipal Code Section 2.04.630.
G The SMPOA agrees that loss of these benefits
through normal rotatlon of employees does not
const1tute punitive actlon for the purposes of the
Public Safety Officers' Procedural Bill of Rights
Act, Government Code Section 3500 et. seq.
Bonus for Employees Not on 4/10 Work Schedule
Each employee covered by this agreement who 1.S not
continually assigned to a 4/10 work schedule, excluding
employees rece1.v1.ng a bonus pursuant to Sect1.on 2.10,
Subsection A, of th1.s Agreement, shall receive for each
pay period a bonus of $50.00 for such assignment subJect
to the following:
A. This bonus is pald wlth the express understanding
that the bonus shall discontinue upon the
reassignment to a 4/10 work schedule.
B. Any reassignment resultlng in the dlscontinuance of
the asslgnment bonus shall not constitute a
demotion under C1.ty Charter Section 1110 and
Municipal Code Section 2.04.630.
C. The SMPOA shall not assert, nor represent or
provide representat1.on to any member 1.n asserting,
that the dl.scontinuance of the assignment bonus
constitutes a demotlon under C1.ty Charter Section
1110 and Munic1.pal Code Seet1.0n 2.04.630.
D. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
const1tute punitl.ve action within the meaning of
the PubllC Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seq.
E.
Both parties
retains the
officers to
schedule.
acknowledge that the Chief of pol1.ce
authority to freely assign police
and from asslgnments on any work
F. The assignment bonus will be paid at a flat rate in
each pay period and does not lncrease the
employee's base or effective rate of pay for
purposes of computing sick leave payoff or other
pays. The assignment bonus is included 1.n the
employee's regular rate of pay for overtime
calculatlons. Because this paYment is recelved for
the employee's speclal work assignment, work days
22
2.13.
and/or hours, it shall be regarded as "special
compensation" w1thin the meaning of Section
20023(c) (1) of the Californ1.a Government Code.
G. Effective January I, 1994, the Chief of Po11ce is
willing to place those employees, other than Police
L1eutenants and Pollce Captains, who are currently
assigned to a work schedule different than the 4/10
on a 4/10 work schedule on a tr1al basis
(Investigations Division, Office of Special
Enforcement & Administration). The language
regarding thls trlal work schedule program will be
developed in collaboration w1th SMPOA, subject to
sole and final approval by the Chief of Po11ce,
specifying a trial period as well as operational
and administrative 1.nd1.ces of performance which
will be used as the basis for a determ1.natl.on by
the Chief of Pol1.ce as to whether or not the work
schedules Wl.ll be ma1.ntalned permanently. At the
end of the tr1.al period, in the event the Office of
Special Enforcement (OSE) 1S the only work unit
among those participating in the trial per1.od which
is not allowed to continue to work a 4/10 work
schedule, employees holding a position in the job
classif1catlons of Pol1ce Officer and Police
Sergeant asslgned to OSE shall be ent1tled to
receive a work schedule bonus equal to five percent
(5%) of the employee's base salary dur1ng the time
the employee is assigned to work in the Off1.ce of
Special Enforcement. If the OSE employees should
be placed back on a 4/10 work schedule, the 5%
bonus will be discontinued. In the event said
bonus is paid, it shall be subJect to the terms and
conditions outlined 1n subsections A through F
l1.sted above.
Bilinqual Pay
Qualified employees who must meet the criteria set forth
herein shall rece1ve a b1.l1.ngual skill pay of $50 00 per
month. To receive bilingual pay the following criteria
must be met:
(1) The employee must be ass1gned to speak or translate
a language In add1.tl.on to Engllsh. Thl.s may lnclude
spec1.al1zed communication skills such as S1gn
language.
(2) An employee must be in an asslgnment where he/she
1S required to use such skills on a regular basis.
23
2.14.
2.15
2.16
{3} To become qualified, an employee must be certified
as qualif~ed through examl.nation administered by
the Personnel Department.
An employee who quallf1es for bl.lingual pay under this
Section because of Spanish language skills shall receive
an additional $50.00 per month, for a total of $100.00
per month.
An employee who has not been cert~fied and qualifl.ed and
~s not receiv1.ng bilingual skill pay will not be required
to utilize this sk1.1I except ~n an emergency situat1on.
If, during the term of this Agreement, a higher bilingual
pay l.S provided by the City Council to any other
bargal.ning unl.t, employees covered herein shall receive
the higher rate.
Promotional Pay Rate
In the event that the rate of pay being rece~ved by an
employee being promoted is equal to or greater than the
entrance salary of the new position, the employee's
salary shall be increased to the next hlgher rate to that
attained l.n the former position. In the event the
promotion 1S to a supervisory pos1t1on, the employee
promoted shall receive not less than the next higher rate
above the highest rate being pa~d to subord1nates.
Y-Ratinq
When a personnel act1.on, e 9 , demot~on due to layoff or
reclassificatl.on, results in the lowerl.ng of the
l.ncumbent employee's salary range, the incumbent
employee's salary may be Y-rated nY-rated" shall mean
the maintenance of the incumbent employee's salary rate
at the level effectl.ve the day preceding the effective
date of the personnel action placing the employee in a
lower salary range The employee's salary shall remain at
such level until the salary range of the new
classlfl.cation equals or exceeds the Y-rate salary.
Act1nq Pay
Whenever an employee is directed to perform all of the
dutl.es and assume all of the responsl.bilities of a higher
class1fication for a minimum of eighty (80) consecutive
work hours, that employee shall be pa1d at the lowest
salary step of the hl.gher classificatl.on which will
result in a salary increase of at least 5% for all time
worked l.n the higher classification.
24
2.17
2.18
FTO Bonus
A. All employees regularly assigned as Field Training
Officers shall receive an assignment bonus equal to
five percent (5%) of the employee's base salary.
B. Any reassl.gnment resulting in the discontl.nuance of
the ass1gnment bonus shall not constl.tute a
demotion under Clty Charter Section 1110 and
Mun1cipal Code Section 2.04.630.
C. The SMPOA shall not assert, nor represent or
provide representation to any member l.n asserting,
that the d1scont~nuance of the assignment bonus
constitutes a demotion under City Charter Section
1110 and Municipal Code Section 2.04.630.
D. The SMPOA agrees that loss of these beneflts
through normal rotatl.on of employees does not
constitute punitive action within the meaning of
the Publ1C Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seq.
Aqent's Pay
Whenever an employee has been designated by the Chief of
Poll.ce or his designee to act as an 11 agent, 11 that
individual shall receive additional compensation at the
rate of $.35 per hour for all tlme the employee 1.S
serving in that deslgnated capacity. Because that
additional payment is received for special sk1lls,
knowledge, abl.ll.tl.es and/or work assignment, it shall be
regarded as IIspecial compensation" with1n the meaning of
Section 20023(c) (1) of the California Government Code.
25
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01.
Health Insurance Programs
A. Medical Insurance
The City shall continue to contract with the Public
Employees' Retirement System (PERS) to make
available to those employees covered herel.n and
their dependents and to eligible retirees and their
dependents the health insurance benefits available
under the Public Employees' Medical and Hospital
Care Act, as set forth l.n Section 22751, et. sea..
of the California Government Code (hereinafter
referred to as the PERS Program). The City shall
contribute toward the payment of premiums under the
PERS Program on behalf of each eligible employee
and, to the extent required by law, each eligible
retiree annuitant the sum of $16.00 per month.
B. Dental Insurance
The City shall continue to provide to all employees
covered by this agreement, and el~gible dependents,
the benefits available under the existing dental
~nsurance plan ma1.ntal.ned by the C1 ty , wi th the
City to pay 100% of the prem~ums for said dental
insurance plan, provided that employees and
eligible dependents participate in the
City-prov1ded dental insurance plan.
C. Vision Insurance
The City agrees to continue to provide vision care
insurance, at no cost, to employees covered
hereunder. The City retains the right to select the
provider and to set 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
provl.ded under that plan without meeting and
conferrl.ng.
3.02.
Benefits Trust
In addit1.on to the benefits described in Section 3.01,
effective July 1, 1995, the City shall contribute four
hundred fifty-n1ne dollars ($459) per month ($475 - $16
= $459) for each active employee covered by this
Agreement into a trust to be established and administered
by SMPOA in accordance with federal and state laws. The
26
3 03.
trust will be used to pay all or part of 1nsurance
premlums for active employees and their dependents and,
to the extent authorized by the trust, eligible future
retires and dependents SMPOA shall be responsible for
all costs associated with establishing and adminlsterlng
the trust. Cl.ty contributions to said trust shall be
governed by applicable federal and state laws. The Cl.ty
shall not be responsible for any tax ll.ab~llty associated
with contrl.butions to and/or payments made from the
trust. The monthly contr1bution for an actl.ve employee
will only be made for each month that the employee is
eligible to recel.ve medl.cal insurance coverage under the
PERS Program. The Cl.ty shall then bill SMPOA, on a
monthly bas1.s, for the medical insurance premiums for all
active SMPOA employees partlc1pat1ng in the PERS Program
for the month in question less $16.00 per employee. On
a monthly basls, SMPOA shall reimburse the City for the
amount billed. In the event the funds rel.mbursed by the
trust are insufficient to cover the cost of the monthly
medical insurance prem1ums for active SMPOA employees and
thel.r dependents part1Cl.patl.ng ~n the PERS Program, any
extra payment required shall be pa1d e1ther (a) through
direct payroll deductions from the employees
participating in the PERS Program, with the amount owed
to be divided equally among all participating employees,
or (b) by dl.rect payment from SMPOA.
In the event the City grants a medical insurance premium
contribut~on cap which exceeds $475/month to another Cl.ty
bargaining unl.t, the Cl.ty shall contribute the amount of
the h1gher medical insurance preml.um contribution cap,
less $16.00, for each active employee covered by this
Agreement into the trust. The same terms and conditions
descr1bed in the above paragraph w~ll stl.ll apply.
SMPOA has the opt1on of having employees covered herein
make a monthly contribution to the trust. In the event
SMPOA elects to exercise this option, SMPOA shall notify
the C~ty as to the amount (el.ther a f1.xed percentage or
a fixed dollar amount) which is to be deducted from each
actl.ve employee's paycheck.
Optional Employee Benefit Proqram
A maximum of $45.00 per month per employee, payable in
equal 1.nstallments on the first and second paycheck of
each month, shall be remitted by the City to SMPOA to
cove;t" the cost of employee requ1red contr1butions towards
medlcal l.nsurance premiums, as provided in Section 3.01,
and/or the cost of optl.onal insurance programs if an
employee elects such lnsurance SMPOA shall provl.de proof
of coverage for each employee reCelV1.ng this benef1t for
optlonal l.nsurance programs and shall submit monthly
statements to the Flnance Department detalll.ng the amount
27
3.04.
to be pald on behalf of each employee recel ving this
benefit.
Retirement
The City l.S a contract member of the Publlc Employee's
Retirement System, and it is understood and agreed that
such membershlp will be maintained and that employee
ell.gibility, classificatlon, contributions, and benefits
are as prescrlbed in the contract between the Cl.ty and
the Public Employee's Retirement System heretofore
approved by the City Councl.l. The City shall pay on
behalf of each permanent employee covered hereln one
hundred percent (100%) of the indiv~dual employee's share
of the required retirement contributl.ons to PERS [nine
percent (9%) of the employee's "compensation earnable" as
defined by the Public Employees' Retirement Law,
Government Code Sectlon 20000 et.seq.]
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 l.ncome and thus, will not withhold
federal or state l.ncome tax therefrom. The City's
practice will be to report these payments as belng those
of the employees so that they Wl.ll be cred~ted to the
particular employee's lnd1.v~dual account with PERS.
It l.S agreed that If state and/or federal procedures
require reportlng of these payments in any other manner,
the parties wl.ll abide by such requirements.
As of December I, 1995, the above prov1.sl.ons of Sect~on
3.04 shall be replaced with the following provision.
Each employee shall have his/her base salary ~ncreased by
7.20%, which takes into account a base salary reductl.on
of eight-tenths of one percent (0 8%) to cover the
additlonal costs l.ncurred by the City as a result of the
1.mplementation of this prOVlSl.On. The 0.8% reduction to
base salary shall cease as of the year 2018, with base
salarles to be lncreased by 0.8% as of July 1, 2018, but
the remal.nder of this prOV1Slon shall be 1.n effect unless
modifl.ed by the partl.es at a future date The City shall
be relieved of ltS obligation to pay the employee's
required contribution to PERS [nlne percent (9%) of the
employee's "compensation earnable" as defined by the
Public Employees' Retirement Law, Government Code Section
20000 et seq.] provlded, however, that the City shall
implement the provis~ons of Section 414 (h) (2) of the
Internal Revenue Code which allow that the employee
contrlbutions to PERS w~ll be treated as employer
28
3.05.
3.06.
contributions for federal and state tax purposes. So
long as permitted by the Internal Revenue Code and/or
state tax laws, the value of thl.s "pick-up" shall be
regarded as deferred compensat~on, and the gross ordlnary
income reported to the applicable taxl.ng authorlty(ies)
shall be reduced by that amount. SMPOA and/or employees
covered by thls agreement shall be responsible for any
tax liability associated with this provision.
If not already provided, following ratification of thl.s
Agreement, the Cl.ty shall amend its contract with PERS to
provide the following benefits:
1. Military Serv~ce Credit as PubllC Service, as set
forth l.n Sectlon 20930.3 of the Californla
Government Code.
2. Third Level of 1959 Survivor Beneflts as set forth
l.n Section 21392.4 of the California Government
Code.
Deferred Compensation
It is hereby agreed that employees covered herein are
ell.glble to participate in the City's deferred
compensation plan.
Equipment Provided/Relmbursed
The City shall provlde each newly hl.red offl.cer wl.th a
serv~ce revolver, holster, ammunition, nightstick,
handcuffs, raincoats and rain boots, keys, mace and
holder, patches, helmet, leather belt, cuff case,
ammunition holder, baton ring, keepers, key holder,
walkie-talkie accessories, vest, and coveralls for
certain assignments. Employees newly assigned as
motorcycle officers shall be provlded w1.th boots,
breeches, leather jacket, helmet, eye protection and
gloves. Employees newly assigned to beach detail shall
be provided on a reunbursement basis w~th shorts, T-shlrt
and hat. Such equipment shall remain the property of the
Cl.ty during its useful life. Replacement of these ltems
for all employees, other than in Clrcumstances where loss
or damage 1.S due to the employee's negligence, shall be
at City expense. Should an employee be rel.mbursed by any
third party for damage to any of the above items, said
rel.mbursement shall be reml.tted to the Cl.ty if the
employee has previously been reimbursed by the City.
In add1.tl.on, the City will relmburse employees covered
here1.n for necessary replacement of one (1) uniform shirt
and pants, or, l.n ll.eu thereof, other department
29
3.07.
3.08.
3.09.
preapproved equipment of equal value, annually and one
(I) unlform Jacket every flve (5) years, in August,
provided that receipts are presented to the
Adminlstrative captain for approval at the time of
purchase. Each August, those employees not regularly
assigned to positions which require the dal.ly wearing of
the prescribed patrol uniform shall recel. ve, as an
alternative to the items set forth in this paragraph, an
annual clothing allowance of $150.00, which allowance
shall be in addition to the unl.form allowance afforded
under Sectlon 3.07 of this agreement
Uniform Allowance
In addition to the benefits provided under Section 3.07
of this agreement, each employee occupying a regular
full-time position in the employment position
classlfications covered herein, shall receive a monthly
uniform maintenance allowance of $40.00. This allowance
along wlth the benefits available under Section 3.07 of
thl.s agreement shall be l.n addltion to and are not
l.ntended to replace the rights of employees covered by
thls agreement to secure payment or reimbursement for
items of clothing or other personal property lost or
damaged in the line of duty pursuant to Section 2802 of
the Call.fornia Labor Code.
Mileaqe Reimbursement
Reimbursement to employees for the authorlzed use of
personal automoblles on City business shall be at the
rate established by the Cl.ty Counc1.l.
Sick Leave Buy-Back
A. If an employee has 22 or more days of accumulated
sick leave at the end of any contract year, in the
f1.rst pay perl.od of July of the following contract
year that employee may, l.f he/she lS on the payroll
dur1.ng that pay period.
(1) IT Bank II unused sl.ck leave.
(2) Convert unused slck leave to payment based
upon the hourly rate equlvalent of the monthly
effective salary on the 30th of June preceding
the date of payment computed to the nearest
one-tenth of an hour as follows:
30
Less Than 10 Years Servlce
10 Or More Years Service
# Days Used
Prior To
End of
Contract Year
o
1
2
3
4
5
6
6+
#Days
Aval.lable
For Pay
# Days Used
Prlor To
End of
Contract Year
# Days
Aval.lable
For Pay
6
5
4
3
2
1
o
o
o
1
2
3
4
5
6
7
8
9
10
11
12
12+
12
11
10
9
8
7
6
5
4
3
2
1
o
o
(3) Elect on or before July I, to receive payment
as computed in (2) above for one-half of the
days available for payment on the schedule in
(2) above and either "bank" the remaln~ng
one-half of the available days for payment or
convert the remaining one - hal f of the
aval.lable days for payment to vacation time
off on a day for day basis. Those employees
assigned to a 5/8 work schedule may further
elect to convert up to 3 additional days of
those days avallable for payment to vacation
time off on a day for day basls l.n lieu of
recelvlng a cash payment for those ava~lable
days. Such converSlon to vacation shall be
only for immed1ate use and shall not accrue to
the employee's vacation balance. That l.S, such
converted vacation days shall be used durlng
the contract year whereln the option to
convert is exercised; provl.ded that such
benefits shall not be forfeited when an
employee has made reasonable attempts to use
them but has been denied permission to do so
by the Department, in whl.ch case the employee
may carry the converted days into the next
contract year. Such converted vacation days
shall be used prlor to the use of any other
vacation days.
31
3.10.
3.11
(4) Elect on or before July I, to cause the
payment available under the schedule in (2)
above to be deposited to h~s/her account with
the City's deferred compensation plan assuming
the plan can be so amended.
Payment for unused sick leave as specifl.ed l.n (2) and (3)
above shall be made ~n a separate check rather than in
the employee's regular payroll check.
S~ck Leave Bonus
Any non-probationary employee subject to this MOU shall
receive a bonus of $250 if his or her sick leave usage in
a contract year is less than the average sick leave usage
for all non-probationary employees subject to this MOU
durl.ng the same contract year. The payment will be made
by separate check Wlthln thirty (30) days after the end
of the contract year in questlon. In computing the
average, no employee shall be deemed to have used more
than twenty-four (24) days of sick leave l.n the contract
year, regardless of actual usage.
Filminq Assl.qnments
The parties hereto agree that full-tlme sworn Police
personnel (includl.ng supervisors) of the Santa Monica
Poll.ce Department shall be exclusively assigned to
provl.de publl.c safety for fl.lming companies filming on
locatl.on within the Santa Monlca City limlts. Employees
so assigned shall recel.ve a minimum of eight (8) hours
pay at overtlme compensation for all hours worked under
the terms of Sect10n 2.03. The parties hereto agree that
the City may include as charges or fees to the filming
company adml.nistratlve overhead costs. Such asslgnments
are expressly condltloned upon the filming company
agreel.ng to pay to the City all costs for and relating to
the assignment of such employee including, but not
ll.mited to, worker's compensation insurance premlums for
the purpose set forth l.n thlS Article. Such employees
shall have the rl.ght to volunteer for thls assignment by
causing their names to be placed on an availabill.ty list.
Assignments shall be made from that Ilst on a rotating
basis However, if an insufficient number of volunteers
are available from that list to serve a particular
project, the City may assign any such employees who are
wllling to work such proJect. The Department shall supply
the necessary two-way radio communicatlon between the
employee and the Poll.ce Station and transportatlon from
the statl.on to the filming site. Subject to the
provisions of thlS Artl.cle, the administration of this
program shall be performed by the C~ty at its dl.scretlon
32
3.12
and this Article shall be promulgated as Police
Department rules and regulatlons. Employees in the
classificatl.on of Pol~ce Officer shall recel.ve a bonus of
$50.00 for each day assigned to movie overtime.
Health Incentive Bonus
Any employee hired on or after July 1, 1991 shall be
restricted from uSl.ng any tobacco product both on duty or
off duty. This provision will be maintained throughout
said employee's tenure w~th the Santa Monica Police
Department as a conditlon of employment
All employees who currently habitually use tobacco may
enroll in a non-smoking clin~c designated by the Clty, at
the City's expense. As soon as any employee has
demonstrated to the Cl.ty that he/she has not used tobacco
for the past s~x (6) months, that employee will receive
a one-time only bonus in the sum of $250.00. At such tlme
that all employees qualify for that bonus, and provided
that no employee in the unl.t has resumed or commenced the
use of tobacco, each employee covered by thl.s Agreement
who has not already received a bonus pursuant to this
Sectlon shall receive a one time only bonus in the form
of a cash payment of $250.00. An employee who takes up
the use of tobacco solely for the purpose of collecting
the bonus provlded ln this section shall not be eligible
to recel.ve said bonus
33
ARTICLE IV: LEAVES
4.01.
Paid Holidays
A. There shall be 12 paid holldays for permanent
employees covered hereln, five of which shall be
floatl.ng holidays. The holl.days shall be.
New Year's Day - January 1
*Dr. Martln Luther Klng's Bl.rthday - Third
Monday in January
*Lincoln's Birthday - February 12
Washington's Birthday - Third Monday in
February
Memorlal Day - Last Monday in May
Independence Day - July 4
*Labor Day - First Monday in September
*Admissions Day - September 9
*Columbus Day - 2nd Monday in October
Veteran's Day - Fourth Monday in October
Thanksgiving Day - Fourth Thursday l.n November
Christmas Day - December 25
All Other Holldays Declared By The Cl.ty Councll
(*FLOATING HOLIDAYS ONLY)
B. Whenever any day listed hereln as a pald holiday
falls upon the first or second day off of any
employee who has two (2) consecutl.ve days off, the
day preceding shall be deemed the holl.day if it
falls on the first day off, and the day following
shall be deemed the hollday l.f it falls on the
second day off in lieu of the day ll.sted. Whenever
any day llsted herel.n as a paid hollday falls upon
any day off of an employee who does not have two
(2) consecutive days off, the following day shall
be deemed the hollday for such employees.
C. Employees shall be pald for such holldays in the
pay period in whlch the holiday falls based upon
the hourly rate equl.valent of the monthly effective
salary computed to the nearest one-tenth of an hour
except as provided below or In Section 6.05.
D. Floating holiday hours must be taken off or
converted to pay prior to the end of the fiscal
year in whl.ch they are earned. If this t~me cannot
be used or is not converted to pay by the end of
the fiscal year, the value of those hours shall be
paid to the employee at the employee's base salary
prlor to the negotlated lncrease for July 1 of the
next fiscal year The use of floatl.ng holidays
34
4.02.
shall be subject to the same approval as vacation
time off.
E. Subject to the provisions of Section 4 01(D),
floating holiday hours may be used at any time
during the fiscal year ln WhlCh they are earned. If
an indiv1.dual's employment terminates dur1.ng the
fl.scal year, the use and payment of floating
holiday hours shall be pro rated.
F. Each hollday shall be compensated in an amount
equal to eight (8) hours at the employee's regular
rate of pay. The only exception is where an
employee who is regularly scheduled to work on the
holiday takes the day off without pay, and hl.s/her
regularly scheduled work day exceeds e1.ght (8)
hours, 1.n which case the employee will then receive
holiday compensation for the number of hours the
employee was regularly scheduled to work on the
holiday. An employee who l.S regularly scheduled to
work on a holiday will only be given the day off
with hol1.day pay ln the event it 1S not necessary
to replace the employee on an overtime baS1S. Use
of vacat1.on, compensatory or floatl.ng ho11day pay
will cause the hol1.day to be pal.d on an e1.ght (8)
hour bas1.s.
Vacatl.on Leave
Each permanent employee covered here1.n shall accrue
vacat1.on leave with pay on the following basis:
A. Following completion of the first SlX calendar
months of continuous serVl.ce, Sl.X (6) work1.ng days.
B. Thereafter, up to and inc 1 uding f 1. ve completed
years of continuous service, one (1) working day
for each completed calendar month of service.
C. Thereafter, up to and l.nclud1.ng ten completed years
of continuous service, one and one quarter (1.25)
working days for each completed calendar month of
serVlce.
D. Thereafter, up to and 1.nclud1.ng f1.fteen completed
years of contl.nuous serVl.ce, one and one-half (1.5)
work1ng days for each completed calendar month of
servlCej and
E.
Upon completl.on of flfteen years
service and thereafter, one and
of continuous
three-fourths
35
4.03
(1.75) working days for each completed calendar
month of service.
F. Vacation benefits may be accumulated to a maximum
of three tl.mes the particular employee's annual
accrual rate.
Sick Leave
Sick leave shall be defined as:
Absence from duty because of illness or off-the-Job
1.nJury, or exposure to contag1ous diseases as evidenced
by certification from an accepted medical authorl.ty,
medical or dental appointments of the employee or the
employee's dependent spouse or children which could not
be scheduled during non-work hours, with proper advance
notlfl.cation to the department head, or 1.1lness or injury
of the employee's dependent spouse or ch~ldren.
Each incumbent of a line-item position shall accrue slck
leave with pay on the followl.ng basis:
A. Following completion of six (6) calendar months of
contlnuous service, SlX (6) work1.ng days.
Thereafter up to and includlng ten (10) completed
years of serV1.ce, one (1) workl.ng day for each
completed calendar month of continuous serv~ce.
Upon completion of the tenth (10th) year of service
In posl.tion{s) covered by this Agreement and
thereafter, two (2) working days for each completed
calendar month of serVlce untll the employee
attains a bank of sixty-five {65} days, at which
t1.me the accrual rate shall drop to and remain at
one (1) working day per completed calendar month of
continuous service.
B For all employees covered hereunder, sick leave
shall begin with the first day of illness.
C. The foregoing benefits are cumulat1.ve.
D. Full-time employment, for the purpose of this
section, shall be construed as the forty (40) hour
week regardless of the hours actually worked 1.n a
calendar week. A line-ltem positlon incumbent
employed less than forty (40) hours per week shall
accrue sick leave in proportion of the sick leave
for full-t1.me employment as the number of hours per
week budgeted ~n that position bears to the forty
(40) hour week
36
E Department Heads shall be responslble to the City
Manager for the uses of slck leave. Department
Heads shall require proof of illness from an
authorized medical authorl. ty for slck leave in
excess of five (5) consecutive working days and may
require such proof for periods of less than flve
(5) consecutl.ve working days.
F. The Director of Personnel shall devl.se standardized
forms and procedures for the ma1.ntenance of slck
leave records.
G. The right to beneflts under the sick leave plan
shall continue only during the period that the
employee is employed by the City. This plan shall
not give any employee the right to be retained in
the serv1.ces of the City, or any right of cla1.m to
sickness disability benefits after separation from
the serVlce of the City.
H. Notw1.thstandlng anything contained in this sectl.on,
no employee shall be entitled to rece1.ve any
payment or other compensation from the City while
absent from duty by reason of injuries or
disability recelved as a result of engag1.ng in
employment for monetary gain or other compensatlon,
or by reason of engaging in business or actl.vity
for monetary gain or other compensation.
I. Any employee who is absent because of sickness or
other physical d1.sablll.ty shall notify his
Department Head or other superVl.sor in accordance
wl.th the Department's Policy and Procedure Manual.
J If the employee's absence on sick leave exceeds
thl.rty (30) calendar days, employee must subm1.t a
statement and medical certl.ficate on an offlC1.al
C1.ty form prior to h1.s/her be1.ng granted
relnstatement to City serVlce.
K. At the wrl.tten request of the appointing authority,
the Personnel Director may requl.re an employee to
submit to an examination by the City's medical
examiner, and if the results of the examination
l.ndicate that the employee 1.S unable to perform
his/her dutl.es or in the performance of his/her
dut1.es exposes others to infection, the employee
shall be placed on administrative sick leave
without privilege of relnstatement, unt1.1 adequate
medical eV1.dence lS submitted that the employee 1.S
competent to perform his/her duties or will not
subject others to lnfection. Any employee so
37
4.04
4.05.
4.06.
examined shall have the right to submit the reports
of a competent medical authority of hl.s own
selection, and at hl.s own expense, in addl.tlon to
the report submitted by the City medl.cal examl.ner.
In the event of a conflict of opinion and/or
recommendations of the two examiners, a thl.rd
examiner shall be selected by the flrst two
examl.ners, and a final decl.sion shall be made by
the Personnel Board based on the three reports.
Leave Of Absence Without Pay
An employee may be granted a leave of absence without pay
upon applicatl.on approved by the Department Head and the
City Manager. Such leave may not exceed one year's time.
Upon expiration of the leave, the employee shall be
relnstated to the position held before the leave was
granted, with full seniority except that when the leave
is for more than 30 days, seniority rl.ghts shall extend
only to the date of commencement of the leave. Such leave
shall be granted only in those cases where an employee's
record of service and quall.fications make it desirable
for the City to retain the employee's services even at
the cost of some inconvenience to the City.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's l.mmediate famlly,
meaning spouse, child, brother, sister, parent,
parent-l.n-law, step-parent, step-brother, step-sister,
son-in-law, daughter-l.n-law, grandparent, or grandchl.ld.
In addl.tion, bereavement leave of not more than fl.ve (5)
working days wl.th pay shall be prov~ded for absence from
duty due to the death of any member of the employee's
household.
Bereavement leave is not a part of sick leave and no
reduction of accumulated sl.ck leave shall be made for the
use of Bereavement leave.
Military Leave
A permanent employee covered herein, who in tlme of war
or natl.onal emergency as proclal.med by the presl.dent of
the United States or the Congress of the United States,
or while any national conSCrl.ptlon act is in effect, is
l.nducted into the armed forces of the Unl.ted States or
who leaves employment with the City to enter voluntarl.ly
the armed forces and within a reasonable time after
leavl.ng employment with the Cl. ty does enter such service,
38
4.07.
4.08.
4.09
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 dl.scharge
or its equlvalent, and the position still eXlsts and the
employee otherWlse l.S qualified to fill the same, the
employee shall have a rl.ght to return to the positlon
wl.th the City wlthln six months after the termlnation of
such active service but shall not have a right to so
return later than six months after the end of the war or
after the time the President or Congress proclaims the
national emergency lS terminated, or after the expiration
of the natlonal conscription act. Such an employee shall
receive seniority and other credits on the same bas1.s as
though the employee had remalned in the City servl.ce and
had not taken such military leave. Leaves of absence
with pay for temporary milltary duty shall be granted In
accordance with appllcable federal or state law.
Workers Compensation Leave
Workers compensation leave shall be ln accordance with
appll.cable California State law.
Parental Leave
Employees who demonstrate that they have prlmary
responsibility for the care of a new child, shall be
entitled to a leave of absence totaling four months
1.mmed1.ately following the ch1.1d's blrth or adoption and
shall be returned to the same 11.ne-item position occupled
prlor to the leave upon 1.ts expiration. Paid vacat1.on
leave, and sick leave if applicable, as well as unpal.d
leave shall be counted toward the four month total.
Additional leave may be requested under the provisions of
this MOD governing leaves of absence without pay.
Prlmary responsibility may be establlshed by providing
documentatlon that the employee's spouse 1.S medically
lncapacltated or that the spouse 1.S galnfully employed
during hours the employee 1.S normally scheduled to work
and no schedule change for the employee or spouse is
possible.
Maternity leave is not the same as parental leave and
shall be admlnl.stered in accordance with Federal and
State law.
Job Sharing
The Department shall consider requests from permanent
employees to job share a budgeted full-t1me poslt1.0n.
Upon receipt of a request from two permanent employees to
39
4.10
job-share, the Chief shall determine whether or not a
job-share arrangement is operationally feasible. If the
job-share arrangement is granted, nothing in this
provision shall require the Department to mal.ntain a J ob-
share arrangement for a full-tl.me budgeted positl.on.
Upon the determlnation of the Chief, the job-share
arrangement can be ended at any time upon notificatlon to
the two Job-share incumbents. Sal.d notifl.cation shall be
made at least three {3) months in advance of the date on
which the Job-share arrangement is to end. If one of the
job-share particlpants should elect to discontinue the
Job-share arrangement, the job-share arrangement wlll be
immedlately discontinued for both employees. with no
advance notification being requ1red. In the event a Job-
share arrangement l.S discontlnued, the job-share
participants will be offered full-time budgeted
positions, providing full-tl.me positions are avallable.
The job-share partlcipants will be placed l.n any vacant
full-time posltlons based on seniority in the Department
as a sworn employee. The job-share partlcipants will not
be able to bump a less senior employee out of his/her
permanent full-time budgeted positlon. The partlcipants
in a Job-share arrangement wlll not be eligible to
receive voluntary overtl.me assignments. Each part1Cl.pant
in a Job-share arrangement shall be compensated 1n that
proportion of the compensation for full-time employment
as the number of hours the employee is regularly
scheduled to work bears to the full-tl.me work week, with
the total number of regularly scheduled work hours for
the job-share particl.pants to not exceed forty (40) hours
per week. Compensation shall include base salary, and
any other compensation, l.ncluding bonuses of skill pays,
provlded by this agreement. Each participant l.n a job-
share arrangement shall accrue vacatl.on, sick leave and
other time off in the same ratio as the number of hours
the employee l.S regularly scheduled to work bears to the
full-time work week, with the total number of regularly
scheduled work hours for the job-share participants to
not exceed forty (40) hours per week. Participation in
the City's Employee Assistance program (EAP) and medl.cal,
dental, Vl.Sl.on and llfe insurance benefl ts shall be
provided to participants 1n a job-share arrangement as l.f
they were employed on a full-time basls
Minlmum Staffing
At all tl.mes between ffildnight and 6:00 a.m., the Police
Department shall make reasonable efforts to cause there
to be on duty a minlmum of six (6) employees in the
classl.flcation of police officer who are able to perform
the full range of patrol functions.
40
4.11
4.12
4 13
Assignment of Voluntary Overtime
The Police Department shall make reasonable efforts to
asslgn voluntary overt1.me by means of an equitable
process to those employees who want to work overtime and
follow establl.shed procedures to make that deslre known
to management. The equitable process refers to the
inltl.al ass1.gnment of overtime only. The Police
Department shall not be responsible for the assl.gnment of
overtime that results from the voluntary relinquishment,
tradlng, or no-show by the initially assigned employee.
Nothlng in this section shall be construed as implying
that any employee has the right to be assigned overtime,
whether voluntary overtime or otherwlse. Nothing ln thl.s
sectlon shall be construed as limit1.ng existing
management rights or prerogatives to assign or schedule
the assignment of overtime to any employee covered by
this agreement. Copies of voluntary overtime listings
w1.11 be made available by the Police Department to SMPOA.
The Pol1.ce Department wlll make reasonable efforts to
post voluntary overtlme schedules ten (10) calendar days
in advance of the event. In the event that the Police
Department does not post voluntary overtime ten (10)
calendar days in advance, an attempt will be made by the
Poll.ce Department to notlfy the affected employee (s)
through their work mail box, by telephone, pager or other
personal notifl.catl.on. Any of these methods will be
deemed sufflcient. Should the overtime schedule not be
posted w1.th ten (10) calendar days and should the Police
Department fail to use one of the above methods to
attempt personal notification, the involved employee(s)
will not be subject to disciplinary action for fa1.1ing to
appear for the voluntary overtime assignment.
Probationary Perl.od
Any appolntment from an el1.gl.ble Ilst to the position of
Police Officer shall be subject to a probationary perl.od
of twelve (12) months. However, upon the determination
of the appo1.nt~ng authority, with the review and approval
of the Personnel Director, said probationary period can
be extended for up to an additional six (6) months. To
become effectlve, thlS extension must be submitted to the
Personnel Director at least ten (10) calendar days prior
to the expiration of the 12-month probationary period.
Family Leave
The Cl.ty hereby agrees to implement family and medical
leave in accordance w1.th the Callfornl.a Family R1.ghts Act
(CFRA) and the federal Fam1.1y and Medl.cal Leave Act
41
(FMLA) for all employees covered herel.n. These statutes
shall supersede and be ~mplemented in l~eu of any
contract language or City policy/practice wh~ch prov~des
a lesser benefit.
Before the 1.ssuance of any administrative regulat1.ons
pertal.n~ng to leave under the CFRA or FMLA, the City
agrees to discharge its meet and confer obligation with
SMPOA.
42
ARTICLE V: WORKING CONDITIONS
5.01.
5.02.
5.03.
Safety
The City shall provl.de a reasonably safe and healthy
workl.ng environment in accordance with applicable State
and Federal laws, rules and regulations. SMPOA agrees
that where safety devices or ltems of protective
equ~pment are required or furnished, their use shall be
mandatory.
It is mutually agreed that a representative of
attend meetings of the Admlnlstrative Safety
when, in the opinion of such representative,
hazard exists which should be considered
Administratl.ve Safety Committee.
SMPOA may
Committee
a safety
by the
Effect Of Job Performance On Salary
The City Manager, in exceptional cases, based upon
specifl.c appraisal of the importance and difflculty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salarl.es higher than the minimum, and special increases
above the amount prescrl.bed l.n the salary schedule for
the class and length of servlce of the incumbent. In no
event, however, shall the rate exceed the maXl.mum rate
for that class.
Notw~thstanding any prov~sions contained here~n, there
will be no increase ln wages of any kind as a result of
a NOT ACCEPTABLE rat~ng on the employee's prescribed
period~c performance rating. There wl.ll 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 dl.SmlSSed from serv~ce, and if two consecutlve
performance ratings are marked NOT ACCEPTABLE, employee
shall be dlsmlssed by appol.ntl.ng authority for
l.nefficiency (SMMC Section 2.04.490). Any overall rating
l.n the BELOW SATISFACTORY category may delay the next
scheduled salary step increase at the d~scretion of the
appolntlng authority. Such action shall rema~n l.n effect
until the overall rating has been improved to at least a
SATISFACTORY level.
Employee Parklnq
It is hereby agreed that the City will make every effort
to mainta~n free parking as it presently eXlsts for City
43
5.04
5.05
5.06.
employees at City facilities. The employees covered by
this agreement recognlze that the City must comply wlth
Regulation XV l.ssued by the Al.r Quality Management
Dlstrict (AQMD) and the City's Transportation Management
Plan Ordinance. If the use of positl.ve l.ncentl.ves does
not result in the Cl.ty meetlng the compllance
requl.rements of AQMD's Regulation XV or the City's
Transportation Management Plan Ordl.nance wl.thin one (1)
year of the effectlve date of thlS agreement, l.t is
understood that the City can implement a charge for
employee parking in an effort to meet those requlrements.
In addition, if it should become necessary to charge for
parking during the term of this agreement in order to
comply wlth any other State or Federal requirement
regarding transportation management, the City can
implement sa1d charge. However, in no event shall the
Cl.ty implement such a charge for parking wl.thout meeting
and conferring wl.th SMPOA should any employee(s)
represented by them be subject to such a charge.
Vacation/Sl.ck Leave Notification
The City shall provide notificatl.on to each affected
employee on at least one occaSl.on per month of the then
current balance of said employee's accrued sick leave and
vacation benefits and shall post on the bulletin boards
in the Department each month each employee's unused,
floatl.ng holiday benefits and earned and unused
compensatory tlme off benefits.
Conduct Review
The procedures for revlewing the conduct of an employee
shall be those procedures contained in the poll.ce
Department's Poll.cy and Procedures Manual as of the
effective date of this Agreement. SMPOA shall be allowed
to appol.nt one (1) member for any committee convened to
reVl.ew the appropriateness of conduct of an employee
covered by this Agreement which may result ln disclpline.
The committee member desl.gnated by SMPOA shall be
furnished copies of all reports, recommendations and
other documentation prepared by the conduct reVlew
committee in the dlscharge of its offl.clal dutl.es.
Use of Cl.vilian Employees and Volunteers
Non-sworn employees and volunteers
Department (except Level 2 reserves
regular sworn officer) shall not:
in the
working
Police
Wl. th a
A. Routinely and knowlngly intervlew or lnterrogate
suspects.
44
B. Act as prlmary investigating officer for the
purpose of prosecution or file cases Wl.th
prosecutors, except in regard to anl.mal regulatlon
and child and sexual abuse cases.
C Take any enforcement action other than to report a
situatl.on to a poll.ce officer or the dispatcher,
except to issue parkl.ng citations, impound a
vehicle, control traffl.c or issue anlmal regulatlon
citations where those duties are consistent with an
employee's classlfication specifl.cation.
D. Replace sworn officers in overtlme asslgnments
(lncluding mOVles, beach detal.l, concerts, dances,
board and commission meetlngs) except those fleld
assignments where sworn officers have not been
routlnely used and unless all sworn personnel have
decllned the overtime or unless the Chief of Poll.ee
determlnes that non-traditional deployment is
necessary.
Under the Chief of Police, reserves shall be
limlted to performl.ng Level 2 and Level 3 dutles
even though certl.fled at Level 1 and shall be
immediately supervlsed by Police Department
employees except l.TI exceptional circumstances.
Santa Monlca Unified Radio Volunteers (SURV) may be
used in the field only to observe and report
potential pollce activity.
Volunteers other than reserves shall be l~m~ted to
traditional clerl.cal duties and shall not take
crime or accl.dent reports.
Nothing l.n this agreement restrlcts the continued
use or deployment of SMPD police explorers and/or
interpreters.
The restrictlons noted above may be modl.fl.ed In
cases of emergency where common sense dictates
exceptl.onal assignments.
45
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductions
It is mutually understood and agreed that the Cl.ty will,
subject to the provl.sions of Ordinance No. 801 (CCS) and
during the term of thlS MOD, deduct from the first and
second paychecks of each calendar month, and remlt to the
office or officer designated l.D the employee payroll
deduct~on authorization, recognlzed employee organlzation
dues, credit unl.on investments or payments, health and
hospl.talization l.nsurance premiums, and ll.fe and accident
and other insurance premiums
6.02
Reasonable Notice
Reasonable written notice as defined in Section 3504.5
California Government Code shall be glven on all matters
requirl.Dg such notl.ce under said section.
6.03.
Aqency Shop
A. Each employee in the classifl.catl.on of Poll.ce
Offl.cer as of the effectlve date of this Agreement
and all Dew hires wlthin 30 days of eommencement of
employment shall execute a payroll deductl.on
authorizatl.on form as furnished by SMPOA, and
thereby ei ther 1) become and rema~n a member in
good standing in the SMPOA; or 2) pay to the SMPOA
a monthly servlce representation fee, based on
SMPOA's representation expenses accrued durlng the
term of this agreement.
B. If any such employee lS a member of a bona fide
religlon, body or sect whlch has historically held
conscientious objections to joining or financially
supportlng publl.c employee organizatl.ons, such
employee shall not be required to join or
fl.nancially support SMPOA, but, upon providing
proof of such conscl.entious obj ection shall, l.n
lieu of joining or supporting SMPOA, be requl.red to
pay sums equal to the amounts referred to above in
paragraph A(2) to a non-rell.glous, non-labor
charitable fund exempt from taxation under Section
SOl (e) (3) of the Internal Revenue Code.
C. The City and SMPOA shall Jointly notlfy all
employees ln the elasslfl.cation of poll.ce Officer
that they are required to pay dues or a serVl.ce
representation fee as a condition of this section
and that such amounts shall be automatl.cally
deducted from thel.r paychecks. The religious
46
.
6.04
exemption and the
Government Code Section
Act, as amended} shall
of th~s communication
l.ts distribution shall
employees' rights under
3502.5 (Meyers-Ml.lias-Brown
also be explal.ned. The cost
and the responsiblll ty for
be borne by SMPOA.
D. It is agreed that the City assumes no obll.gations
to enforce the provisions of the above paragraphs
beyond implementing any valid payroll deduction
authorizations submitted by unit employees
authorizing the deductl.on of servl.ce fees or other
authorized payments to SMPOA, or amounts in lieu of
service fees to specl.fl.ed author~zed charities.
Enforcement of the payments that employees are
obligated to make under the above paragraphs shall
be within the discretion and the sole
responsibility of SMPOA by way of Cl.Vl.l court
action against such allegedly non-complY1ng
employee.
E. Within 60 days after the end of each fiscal year,
SMPOA shall provide the City with detailed
financial documentation, which shall meet the
requ~rements of Government Code Sectl.on 3502.5(d)
and which shall specifically include an itemization
of all expendltures by functl.on or purpose and from
whl.ch l.t can readily by ascertal.ned the proportion
that the costs of negotiation, adml.nl.sterlng the
MOU, and grievance processing bore to total unl.on
expenditures.
F It ~s recognized that SMPOA, as the exclusl.ve
representatlve of all unlt employees, is required
to represent all unit employees fairly and equally
without regard to assoclation membershl.p or
non-membership or their assert~on of rights under
this MOU or the law.
G. Upon request by SMPOA, the Cl.ty shall furnish the
associatlon the name, date of hl.re, and salary of
all newly hired employees subject to this
agreement, along w1th verification of transmittals
to any charl.table organlzatl.Ons.
Chal.rperson's Shift
If the Chairperson of SMPOA is a Police Offl.cer, he/she
shall have the right to select the shift to whlch he/she
wlll be assl.gned durlng hl.s/her term of office, provlded
that more than one sh~ft l.S applicable to the Offlcer's
asslgnment.
47
6.05.
.
Time off For SMPOA Business
A maximum of four hundred(400) hours tl.me wl.th pay wl.ll
be allowed for each annual period of th~s Memorandum of
Understanding to employee representatives, as designated
under Section 4.02 of Ordinance No. 801 (CCS), for lawful
SMPOA buslness, lncluding preparation for, and
partl.cl.pation in, meet and confer negotl.ations with the
Cl.ty. Accounting for and written prlor approval of sal.d
four hundred (400) hours pal.d time shall be malntained in
the office of the Chief of Police.
Employees covered here1n shall recelve pay for
four hours of holiday time for the July 4th holl.day. The
City will credlt the bank for SMPOA business by an amount
equal to four hours for each employee in pay status as of
July 4th.
The City shall make available to the Associatl.on each
month, an accounting of the number of such holidays hours
(as well as the cumulatlve total of the particular fiscal
year) and of the total number of such hours of time off
utilized by authorlzed Assoclation representative during
such time periods.
Any unspent hours in the bank at the end of a fiscal year
shall be carrled over for use in subsequent flscal years,
l.ncluding those hours ~n the bank which were not used
prl.or to June 30, 1985.
Tl.me spent in the conduct of meet and confer negotiatl.ons
In excess of that allowed by the term of Ordinance No.
801 (CCS) (currently one representatlve for each 50
positl.ons in the unit of representatl.on as authorized by
the City Council l.S allowed tlme off wlth pay) shall be
charged to the bank. If during the term of this
agreement, the Cl.ty increases the number of employees
allowed time of f with pay to meet and confer l.n good
faith for any other employee group over and above that
currently set forth in Ordinance No. 801 (CCS), that
increase will apply to SMPOA on the same terms as
applicable to such other group
Said bank of hours shall be available to authorized
representatl.ves of SMPOA for time off with full pay for
lawful Association activities but shall not be utilized
unless predesl.gnated authorlzed representatives of SMPOA
submit a prl.or written request to utlll.ze such tl.me and
said request has been approved by the Chief of Police or
his/her predesl.gnated representative.
48
..
.
6 06.
The determination by the Chief of Police as to whether
the request shall be approved shall be based on the needs
of the Santa Monlca Police Department. The City and
SMPOA will mutually decl.de upon a specific day (e.g.,
Monday) of the week on which the Chairperson, or a
deslgnee, will be released to conduct SMPOA business. It
will be the same day each week. The release of the SMPOA
Chairperson, or designee, can be revoked if the offlcer
in charge determines that the absence of the SMPOA
Chairperson, or designee, for the day will result ln
overtime costs for the Police Department In the event
the release of the Chairperson, or deslgnee, l.S revoked,
SMPOA will be allowed to substitute another SMPOA
representatl ve for the release time provldl.ng his/her
absence will not result In addltional overtime for the
Police Department. In all cases, the decision of the
Chlef of Police shall be flnal.
The Chief of poll.ce may allow an employee covered by thlS
Agreement to receive release tlme without loss of
compensatlon to hold office in a State of California or
national law enforcement organl.Zatlon to the extent that
the organlzatlon reimburses the City for the full value
of that release tl.me.
Grlevance and Complaint Policy
In the event any grl.evance, dl.sputes or dl.sagreements
arise concerning matters within the scope of
representation of the recognl.zed employee organl.zatl.on,
such grievance, dl.spute or dlsagreement shall be resolved
as follows:
A. Grlevances, disputes or disagreements concerning
the interpretatlon or appll.catl.on of the terms of
this MOU shall be resolved, if possible, by meetlng
and conferrl.ng in good faith. If unresolved by
such meetings, the parties shall conslder
submitting such lssues to medlatlon as provlded by
Ordlnance No. 801 (CCS). In the absence of
agreement to mediate, or failure of mediation, or
arbitration by mutual consent, the issue shall be
resolved by an actl.on l.n a court of competent
jurisdictlon on motlon by elther party.
B. Grievances, disputes or disagreements involving
removals, demotlons, or suspenSl.ons shall be
resolved through one of the following procedures
whl.ch shall be selected by the affected employee l.n
each case:
49
6 07.
.
(1) A full and fa~r evidentiary hear~ng before the
Personnel Board ln accordance with the Cl.Vll
Service provisions of the Santa Monl.ca City
Charter and Munl.cipal Codej or
(2) A full and fa~r evidentiary hear~ng in
accordance with the City Charter and Municipal
Code before a hearing offl.cer selected by
mutual agreement of the partles or as
otherwise provided in any ordl.nance adopted by
the Cl.ty Counc~l. The hearing officer's
dec~sion shall be presented to the Personnel
Board for approval or rejectlOnj provl.ded that
if the Personnel Board elects to reJect the
hearing officer's dec~sion it must render an
independent decisl.on after conducting a full
and fair evidentiary hearing as provided ~n
Paragraph (1) above.
Subject to the right to seek judic~al review, both
parties agree that they will be bound by:
(I)
A decision of the Personnel
whether the removal, demotlon,
was with or without just cause.
Board as to
or suspenslon
(2) A decision of the Personnel Board that the
removal, demotl.on, or suspenSl.on imposed by
the City was Wl.thout just cause and that some
lesser degree of dl.scl.pline should be imposed.
C Other grievances, disputes or dlsagreements shall
be resolved as provided by the cl.vil serVl.ce
provisions of the Santa Monica Municipal Code;
provided, however, that representation by the
recognlzed employee organizatlon shall be llmited
to grievances, disputes or disagreements whl.ch
cannot or have not been resolved between the
employee and his immediate supervisor or the
employee and his Department Head.
Representatl.on by the recognized employee organl.zatl.on
shall be limited, In this class of grievance, to
appearances before the lowest level of superVl.Sl0n not
represented by the employee organization, the department
head, Personnel Dlrector, and the C~ty Manager.
Court Reporter
In any dl.sciplinary appeal under Sectl.on 2.04.680 of the
Municlpal Code, the SMPOA may request that a Court
50
,I
,
6.08.
6.09
Reporter record the proceedl.ngs. The cost of the Court
Reporter shall be shared equally by SMPOA and the Cl.ty.
New Police Department Facility
In the event the City of Santa Monlca constructs a new
Police Department facility, the City agrees to meet and
confer with SMPOA as to space to be allocated to SMPOA.
Also subject to sald meet and confer process wl.ll be the
lssue of how the SMPOA space wlll be utilized and under
whose control that space will fall.
Disability Retlrement Dispute Resolution Procedure
A. When a safety member of the Retirement System
appll.es for a disability retirement, and the Board
of Admlnlstration (nBoardn) of the Public
Employees' Retirement System (npERsn) requests the
City to determl.ne whether the applicant is
l.ncapacltated for the performance of duty, the City
shall promptly perform all acts necessary I
includlng the conduct of a medical examination, to
determlne whether the applicant is incapacitated
for the performance of duty. The determination of
the City shall lnclude an explanatl.on of the basls
for that decision. If the City has not made that
determinatl.on Wl.thln 180 calendar days from the
date of the Board's request, it shall be deemed to
have determlned that the applicant lS incapacitated
for the performance of duty.
B. As soon as the Cl.ty has made lts determination, l.t
shall notlfy the employee in writing. This notice,
as well as all other not lees required by this
procedure, shall be sent to the employee's home
address with a copy to his or her legal
representative, if any. The notlflcatl.on shall be
aecompanled by a copy of this Disability Retirement
Dl.spute Resolution Procedure
C. The employee may challenge that determlnatl.on, or
any related deC1Sl.On by the Cl.ty regarding hls/her
disabl.lity retl.rement or l.ts effectl.ve date, by
submitting to the City Manager a written request
for a hearing. Thl.S request must be submitted
wl.thin thirty (30) calendar days from service of
the notice that is the subject of the request for a
hearl.ng. If the employee fal.ls to submit such a
wrltten request within the prescribed time limit,
the determinatlon of the City shall become final
and no longer subJect to appeal.
51
~
.
D. If the employee submits a timely written request
for a hearing, the matter shall be referred to the
Offl.ce of Admlnistratlve Hearlngs so that a hearing
will be conducted by an Administrative Law Judge
from that office in accordance wlth the provlslons
of Section 11500, et seq. of the Californl.a
Government Code, (the Adminl.strative Procedure
Act). However, l.t shall not be necessary for the
City to prepare a Formal Accusation or Statement of
Issues, or for the employee to flle a Notlce of
Defense, as ldentified in that Act. Instead, the
communl.cations described above shall replace those
items. However, all dlscovery rights described in
the Act shall be available to the parties; the
hearing shall be conducted in accordance with the
provisions of Section 11513 of the California
Government Code; the resulting declsion shall be as
specified in the Act; and all tl.me limits
prescrl.bed in the Act shall be appllcable.
E. The City shall have the burden of proof that its
decl.sion should be upheld.
F. The employee shall be entitled to a representative
of his/her choice in the hearing. The cost of such
representation shall be borne by the employee.
G. Where testimony of City employees is involved, at
least seven calendar days advance notl.ce shall be
gl.ven to the Department Head so that work
asslgnments may be made accordl.ngly. Wherever
practicable, Clty employees needed as witnesses
shall be placed on an on-call basis and compensated
at thelr regular rates of pay of time spent in the
hearing.
H. The decisl.on of the Adminl.strative Law Judge shall
be final, subJect to judicial reVl.ew commenced by
the employee in accordance with the provl.sions of
Sectl.on 11523 of the California Government Code.
52
s
IN WITNESS WHEREOF, the parties hereto have caused this
memorandum of understanding to be executed this 14 th day of
December , 1995
APPROVED AS TO FORM:
~4nL1~
MARSHA JONF/.3JMOUTRIE
City Attorn't<y
CITY OF SANTA MONICA
#-#1-
JOHN JALILI
City Manager
SANTA MONICA POLICE OFFICERS
ASSOCIATION
2?M~~
CHAIRPERSON
^ A r _ I
PAT\~zr~ '1....~ D
y0td2 t~(
7/)JZ~~
WILLIAM Y SROWN ()
~4~
CH~ISTOPHER DAWSON
!;~ ..'J'. ~
P:;Js; ~ DIDO
SHANE S. TALBOT
53
4
Adopted and approved tins 13th of December, 1995
/w~
Mayor
I hereby certIfy that the foregomg ResolutIon 8976 (CCS) was duly adopted at a meetIng
of the CIty Council held on the 13th of December, 1995 by the followmg vote
Ayes
CouncIl members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner, Greenberg
ATTEST
~'--w.~
CIty Clerk \
..
RESOLUTION 8977 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
SUPERVISORY TEAM ASSOCIATES
WHEREAS, the City administration and representatives of the Supervisory
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 Ordmance 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 Supervisory 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 MOnica does hereby
approve and authorize the City Manager to execute the Memorandum of
Understanding executed by the Supervisory 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:
h
MARSHA J
City Attorney
li<b 'sla sS.')
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
SUPERVISORY TEAM ASSOCIATES
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
ARTICLE I GENERAL PROVISIONS
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
1.15
Parties to Memorandum........ ................
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Term of Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . .
Ci ty Council Approval...... . . . . . . . . . . . . . . . . . .
Recognl.zed Employee Assocl.ation Name..... ....
Scope of Representation....... ...............
Full Understanding, Modification, & Waiver...
Management Rights Reserved... ................
Peaceful Performance of Cl.ty Service.........
Validity of Memorandum of Understanding......
Captions for Convenience.... .................
Non-Discrimination and Equal EmploYment.....-
Definl.tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overpayment Remedy....... . . . . . . . . . . . . . . . . . . . .
Payments at Termination...... ................
ARTICLE II: COMPENSATION
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
Effective Date of Pay Increase.. .... .... .....
Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Overtime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shift Differential... __........ _ _... ....__...
Skill/Assignment Pay.........................
Call-Back Pay................................
Pay Rate on Appointment/Supervisory
Differentlal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pay for Serv~ng in H~gher Job Classification.
Bilingual Bonus..............................
Y-Rating. . . . . . . . . .. .........................
ARTICLE III: SUPPLEMENTAL BENEFITS
PAGE
3
4
4
4
5
5
5
6
6
7
8
8
8
10
11
12
12
12
13
14
15
15
17
18
19
3.01 Health Insurance Programs.................... 20
3.02 Retl.rement................................... 22
1
3.03
3.04
3.05
3.06
3.07
3.08
3.09
Tui tion Reimbursement. . . . . . . . . . . . . . . . . . . . . . .. 22
Deferred Compensation.... . . . . . . . . . . . . . . . . . . .. 23
Unlform Allowance. . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Mileage Reimbursement & Energy
Conservation. . . . . . . . . . . . . . . . . .. ............. 24
Sick Leave Buy Back.. ......................... 25
Term Life Insurance.................. ........ 26
Long Term Disability Insurance.......... ...... 26
ARTICLE IV: LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
Paid Hol idays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacation Leave....... . . . _ . . . . . . . . . . . . . . . . . . . .
Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leave of Absence without Pay. ....... .........
Military Leave..... . . . . . . . . . . . . . . . . . . . . . . . . . .
Workers' Compensation Leave.. ....... .........
Bereavement Leave............................
Jury Duty....................................
Parental Leave...............................
Supervisory Leave... . . . . . . . . . . . . . . . . . . . . . . . . .
Family Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE V: WORKING CONDITIONS
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
Safety & Loss Prevention... ..................
Employee Parking......... ...................
Effect of Job Performance on Salary.... ......
Effect of Reassignment/Recertification on
Bonus/Skill Pay..............................
Supervisory Training... .... ......... .........
Work Schedules...............................
Promot ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Probationary Period.... .... ......... .... .....
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
6.03
6.04
Payroll Deductions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Reasonable Notice............ ....... .........
Time Off for Associat10n Business... .........
Grievance & Complaint Po11cy...... ....... ....
28
29
30
31
31
32
32
32
33
33
34
35
35
36
36
37
37
38
38
40
40
40
41
EXH I BIT n A" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
2
ARTICLE I: GENERAL PROVISIONS
1. 01
Parties to Memorandum
This memorandum of understanding has been prepared
pursuant to the terms of Ordinance 801 (CCS) of the Cl.ty
of Santa Monica, which Ord~nance lS hereby lncorporated by
reference as if fully set forth herel.n, and has been
executed by the City Manager on behalf of management
officials of the City and by the Supervisory Team
Association (STA) . and on behalf of employees occupy~ng
the lI-ne-item full and part-time employment position
classifications set forth ~n Exhibit A which l.S attached
hereto and made a part hereof.
As of July 1, 1990, the following position classifications
will no longer be represented by STA. However, an
incumbent in any of these classifications as of June 30,
1990 wl.II be "grandfatheredJ1 in that he/she will continue
to receive STA benefits, as set forth in this Agreement
and any subsequent Agreements, as long as he/she continues
to hold the position classification in question. Whenever
one of the affected positl.on classl.fications becomes
vacant, the new incumbent wlll receive the benefits
provided by the Memorandum of Understanding representing
that posltion classificat~on as of July 1, 1990.
Concrete Crew Leader
Event Attendant III
Senlor Accountant
Senior Parking Meter Collector
Senior Tree Trimmer
Storekeeper
Wastewater Crew Leader
Water Leader
As of July 1, 1993, the position classification of Fire
Prevention Engineer will no longer be represented by STA.
However, the lncumbent in that classification as of
June 30, 1993 will be "grandparented" in that he/she will
cotinue to receive STA benefits, as set forth in this
agreement and any subsequent agreements, as long as he/she
continues to hold the positlon classificatlon in question.
If the position of Fire Preventlon Englneer becomes
vacant, the new incumbent will receive the benefits
provided by the Memorandum of Understanding representing
that positon classification as of July 1, 1993.
As of July 1, 1995, the position classification of Civil
Engineer will no longer be represented by STA. However,
each l.ncumbent in the position classification of Civil
Engineer as of the date on which this agreement was signed
by the City and STA will be IIgrandparentedll in STA in that
he/she will continue to receive STA benefits, as set forth
3
1.02
1.03
1. 04
in this agreement and any subsequent agreements, as long
as he/she continues to hold the position classification of
Civil Engineer. In addition, the salary range whl.ch was
in effect as of June 30, 1995 for the Civil Engineer
position classification represented by STA will be
retained for those employees holding a position in the
position classification of Civil Engineer who have been
"grandparented" in STA, and any general cost of livl.ng
adjustments implemented for all employees represented by
STA shall be applied to that salary range. If one of the
llgrandparented" Civil Engineer positions becomes vacant,
the new incumbent will receive the benefits provl.ded by
the Memorandum of Understanding representing that positon
classlficatlon as of July I, 1993.
In the event new job classifications are created which are
proposed to be added to the STA unit, the Municipal
Employee Relations Officer will notify STA prior to the
Personnel Board and City Council considerations of the new
classifications. Any classiflcat~ons proposed to be added
to the unit shall be agreed upon in writing and will
become effective upon execution by the President of STA
and the Municipal Employee Relations Officer.
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 ~n
good fa~th regardlng matters within the scope of
representation for employees represented by STA.
Term of Agreement
This agreement shall be effective as of the 1st day of
July 1995 and shall remain in full force and effect untl.l
the 30th day of June 1996. It shall be automatically
renewed from year to year thereafter, unless el.ther party
shall notify the other in writing not later than March 1
of each year that it desires to terminate or modify this
agreement, and specifically indicates requested
modif~cations. In the event that such notice is given,
negotiations shall begin no later than April 1 with a
signed contract desired July 1.
City Counc1l Approval
This MOU is of no force or effect whatsoever unless or
until ratl.fied and approved by resolution duly adopted by
the City Council of the City of Santa Monica.
4
1.05
1. 06
1. 07
Recognized Employee Assoclation Name
The STA is hereby acknowledged as the Recognized Employee
organization representing only the permanent line-item
employment position classifications set forth in Exhibit
A (wh~ch is attached hereto and made a part hereof)
pursuant to Section 3.04 (c) of Ordinanee 801 (CCS) . It
~s the mutual understanding of the parties hereto that
acknowledgment of the STA as the recognized employee
organizatlon:
A.
Does not preclude employees ~n such employment position
classifications from representlng themselves individually
in the~r employment relations with the City.
B.
Does not preclude or restrict the r~ght of management
officials to meet and consult with employees in such
employment position classifications concerning their
employment relations with the Cl.ty.
Scope of Representation
The scope of representatlon of the recognized employee
organlzation shall lnclude all matters relatl.ng to
employment conditions and employer-employee relations
including, but not limited to, wages, 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 servlce or activity provided by law or executive order
and that the scope of representation shall be exercised or
performed in compliance with the provisions of Ordinance
801 ( CCS) .
Full Understanding, Modiflcation 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
outl~ned in Section 2.05 of Ordinance 801 (CCS). This MOU
constitutes the full and complete agreement of the parties
and there are no others, oral or wri t ten, except as
specified ~n this Agreement or the attachments hereto. The
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 ln this or previous MOU's shall be as prescribed
by the civlI service provisions of the Santa Monica City
Charter and the Santa Monica Municipal Code. Each party,
for the term of thl.s MOU, specifically waives the right to
demand or petl.tion for changes herein, whether or not the
subjects were known to the parties at the time of
5
1. 08
1. 09
execution hereof as proper subjects within the scope of -
representation as outlined in Section 2.05 of Ordinance
801 (CCS).
Management Rights Reserved
The City 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,
hlre, 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 nonproductlve.
C. Determine services to be rendered, operatl.ons to be
performed, utl.ll.zation of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determlne the overall mission of the unit of
government.
F.
Maintain and improve the efficiency
effectiveness of government operatlons.
and
G. Take any necessary actions to carry out the mission
of an agency in situations of emergency.
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwise
specified above or by collective agreement.
Peaceful Performance of City Service
It is mutually understood and agreed that particlpatl.On by
any employee ln a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specifl.c written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, slow-down, sit-down,
stay-away, picketing or any other form of
l.nterference with or ll.ml.tatl.on of the peaceful
performance of City serVl.ces.
6
1.10
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slow-down, sit
down, stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services, the City, in addition
to any other lawful remedies, or disciplinary
actions, may by action of the City Manager cancel
any or all payroll deductions, prohib~t the use of
bulletin boards, prohibit the use of City
facil~tl.es, and prohibit access to former work or
duty stations.
C. Neither the employee organizatlon, nor any person
acting in concert with them, will cause, sanction,
or take part in any strike, walk-out, sit-down,
slow-down, stoppage of work, picketing, retarding of
work, abnormal absenteeism, withholding of services,
or any other interference with the normal work
routine. The provisions of this article shall apply
for the same term as this Agreement, or during any
renewal or extension thereof. Violation of any
provl.sion of this MOU by the recognized employee
organization shall be cause for the City, at its
sole option, to terminate this Agreement in addition
to whatever other remedies may be to the City at law
or in egu~ty.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid
or illegal by a court of competent )urisdietion, then such
provision shall be severed from this MOU, but the
remalnder hereof shall remain in full force and effect.
Such illegal or invalid section shall be substituted with
a benef~t of equal value or worth, with the parties hereto
to immediately commence to negotiate for the purpose of
replacing any such lnvalid or illegal provision.
Should any change be made in any federal or state law, or
in any rules and regulatlons implementing such
legislation, or in any City Charter prov~sion or Santa
Monica Municipal Code provision whl.ch would be applicable
and contrary to any prov~sion herein contained, then such
provl.sl.on 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
subst~tuted for those ruled invalid or lllegal. The
parties hereto shall immedlately commence to negotiate for
the purpose of replacing any such invalid or illegal
provision.
7
1.11
1.12
1.13
Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOU and do not in any way limit, define, or
amplify the terms and provisions hereof.
Non-Discrimination and Equal EmploYment
It is agreed by both parties to this MOU that supervisors
play a special role in achieving equal opportunity in
selecting, training, promoting, and disc1plining
employees. The parties hereto will work in partnership
w1th the Personnel Department to ensure full compliance
with the letter and spirit of all applicable local, state,
and federal laws, rules and regulations governing equal
opportunity and with the Affirmative Action Program and
Sexual Harassment Policy of the City of Santa Monica which
are incorporated by reference herein. Both parties
acknowledge that progress in meeting affirmative action
goals and the mal.ntenance of a harassment-free work
environment are appropriate indicators of performance of
an employee subject to thl.s MOU. Both parties agree to
ablde by the requirements of the Amerl.cans With
Disabillties Act (ADA).
Deflnitions
The following definitions are to be applied in the
interpretation of this MOU:
A. rrSalary Rangerr shall mean the normal flve step (A through
E) hourly or monthly pay scale (and the bi-weekly
equl.valent) assigned to each employment position
classification within the City work force.
B. n Salary Range Steps A through E for each employment
position classification within the City work force" shall
mean and be established to bear the following percentage
relationship to Salary Range Step E computed to the
nearest dollar. Normal progression through the range
toward E-step shall be in annual step increments
contingent on satisfactory service.
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%
8
..
C. lINearest Dollarl1 shall mean the next lower dollar when the
computed amount is 50 cents or less and the next higher
dollar when the computed amount lS 51 cents or more.
D. lILine-item posit1onll shall mean a pos1tion Wh1Ch is
(1) spec1fically itemized in the personnel schedule of
the annual budget of the City of Santa Mon1ca and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage of
the full-tlme forty (40) hour week. Other fr1nge
benefits shall be provided to part-time employees
covered hereunder as if they were employed on a
full-time basis.
E. IIPermanent Employees" shall mean:
(1) A person who is legally an incumbent of a line-item
position, full or part-time; or
(2 )
A former incumbent of a line-item
authorized leave of absence from
budgeted position, which position is
the employee's return.
position on
a regularly
held pending
The term IIpermanent employee" shall not be construed to
imply a guarantee of continued employment. However, no
permanent employee shall be denied the right to those due
process protections approprlate to his/her status under
the Municipal Code and City Charter and applicable State
law.
F. lIDate of Entrance Anniversaryll shall mean the date which
recurs annually after the date of entry into a position in
the classified service of the Cl.ty of Santa Mon1ca, 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 was effective.
G. "Sat1sfactory Service" shall mean the attainment of an
overall rating not less than "Satisfactoryl1 on the
performance report assoc1ated with the employee's most
recent date of entrance anniversary.
H. I1Full-Time Work Week" shall mean forty (40) hours within
the seven (7) consecutive day period established as the
work week for the affected employee(s).
(1) Incumbents of line-item positl.ons 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
9
1.14
M.
full-time work week; compensation shall include base
salary, deferred compensation and any other bonuses
or skill pays provided by this Agreement. Incumbents
of line-item posit~ons employed in a work week
greater than that defined as the full time work week
shall be compensated for hours in excess of the
full-time work week on the basis of and In
accordance with the provisions of the article hereof
relating to overtime.
(2) Incumbents of line-item positions regularly working
less than the full-time work week shall aecrue
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-tlme 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.
1.
"Pay" shall mean compensation for regular hours worked,
sick leave, vacation, bereavement leave, holldays,
supervlsory leave days, compensatory time off and/or jury
duty.
J.
"In Pay Status" shall mean earning pay.
K.
IICompleted Calendar Month of Service 11 shall mean a
calendar month in which an employee has been in pay status
for eleven or more working days.
L.
"Working Day It as used in the section of this Agreement
pertalning to vacat~on accrual (Section 4.02) and sick
leave accrual (Section 4.03) shall mean eight (8) hours.
"Compressed Work Schedulel1 shall mean a work schedule in
which a full-time employee is assigned to work a total of
eighty (SO) 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 notif~cation, or by other reasonable
re-payment method mutually acceptable to the employee and
the City, except that the lump-sum deduction shall be
requl.red if the next subsequent employee payroll warrant
l.S the final or termination warrant issued to the affected
employee.
10
1.15
Payments at Termination
When permanent employees covered hereunder leave the
service of the City of Santa Mon~ca they shall be entitled
to a lump sum payoff of vacation leave, unused Supervlsory
Leave days and unused accrued compensatory time only. No
claim shall be made against the City for the use or
payment of unused sick leave or other leave days, nor
shall the effective date of termination be extended by the
use of compensatory time, sick leave, vacation or other
leave days.
11
ARTICLE II: COMPENSATION
2.01
Effective Date of Pay Increase
Notwi thstanding any other provision contained herein,
changes in salary range and salary-related benefit changes
provided herein shall become effective on the first day of
the payroll period closest to the effectl.ve 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.
2.02
Salarles
Salaries of City employees l.n line-item pos~tions shall be
on a monthly rate, paid on a bi-weekly equivalent basls.
In lieu of the bi-weekly equivalent to a monthly rate, the
City Manager may fix the compensation of any position at
an hourly rate. In positions for which the work week is
forty (40) hours, the hourly rate shall be determined by
dividing the bi-weekly rate by BO.
A. Effective July 1, 1995, the E-step salaries of
employees covered hereunder shall be increased by
two percent (2%).
2.03
Overtime
A. Overtime for employees who are regularly assigned to
a fl.ve (5) day, eight (8) hour per day work week and
for permanent part-time employees who regularly work
less than el.ght (B) hours in one (I) day and forty
(40) hours ~n one (1) week shall mean work in excess
of el.ght (B) hours in one (1) day or forty (40)
hours in one (1) week, provided such hours of work
have had the prior approval of an authorized
departmental management official. Overtime for
employees regularly assigned to a work day in excess
of eight (B) hours or work week in excess of forty
(40) hours shall mean work in excess of the
regularly scheduled number of hours in one (1) day
or lD excess of the regularly scheduled hours in one
( 1) work week, provided such hours have had the
prior approval of an authorized management official.
All authorl.zed overtime shall be compensated for by
cash payment based on one and one-half (1-1/2) times
the hourly rate equivalent of the employee's monthly
salary computed to the nearest one-tenth (.10) of an
hour, except that an authorized departmental
management official may grant compensatory time off
at the rate of one and one-half (1-1/2) hours off
for such overtime. Such compensatory tlme off may
accrue to a maXl.mum of forty (40) hours.
12
~
2.04
B. Department management officials shall not
unreasonably deny an employee 1 s request for
compensatory time in lieu of pay. If compensatory
time off is accrued and not taken by June 30 of any
f1scal year, it will be paid to the employee at the
rate earned. There shall be no carryover of unused
compensatory tlIDe.
C. In no event may an employee's work schedule be
changed to avoid the payment of overtime unless the
employee initiates the schedule change. Further,
management will not schedule split shifts to avoid
overtime or for any other reason. (For those
classiflcations working a split shift as of July 1,
1987, this provision shall not apply.)
D. An employee who is dlrected to work on a scheduled
day off, shall receive time and one-half (1-1/2) for
all hours worked on that day.
E. In order to supplement eight (8) hours of paid leave
tlme for a regularly scheduled work day comprised of
more than el.ght (8) hours, the employee will have
the option of working the additional time required,
on a straight-time basis, during the applicable
payroll perlod, in order to receive a full day's pay
for the day in question. Paid leave tl.me would
l.nclude holiday hours, vacation, sick leave and
supervisory leave.
Shift Differential
Permanent employees covered herein shall receive shift
differentl.al as follows:
A. Seventy-Five cents ($.75) per hour for all hours
worked on the shift for employees whose regular
schedule requ1res that the employee work at least
four (4) hours between 4:00 p.m. and 12:00 Midnight,
subject to C, D, and E below.
B. Nl.nety cents ($.90) per hour for all hours worked on
a shift for employees whose regular schedule
requires the employee to work at least four hours
between 12:00 Midnight and 7:00 a.m., subject to C,
0, and E below
C. If any employee qualifies under both A and B above,
provision B shall apply.
D. Shift dlfferentials are not applicable when the
scheduled work hours are compensated as overtime.
13
2.05
E. Shift differentials are not applicable when the
employee is working the above hours as part of a
"split shift." "Split shift" is defined as: a shift
of eight (8) or more hours in a single day,
separated by a break of at least three (3)
non-working hours during the shift. Such employees
shall be paid the applicable shlft differential,
established in A or B above, only for the hours
actually worked on that shift.
F. If, during the term of this MOU, a higher shift
d~fferential is provl.ded by the City Council to any
bargaining unit of employees subordinate to
supervisors covered herein, employees covered herein
shall receive the higher rate.
G. For employees covered hereunder who hold permanent
positions at the Library, the following MOU language
shall apply in lieu of the shift ~ifferential
provisions listed above:
(l) A night shift differential of forty {40} cents
per hour shall be paid to any line-item
employee whose regular schedule requires the
employee to work between the hours of 5:30 p.m.
and 9:00 p.m., provided that such differential
shall be paid only for such hours worked
between 5:30 p.m. and 9:00 p.m.
(2) A differential of forty {40} cents per hour
shall be paid to line-item employees covered
herein for all regular hours worked in a shift
which is divided into two (2) parts by three
(3) or more hours of non-working time as a part
of the scheduled shift. Such differential shall
not be paid in addition to night shift
differential or for overt~me hours beyond the
scheduled shift.
Skill/Assignment Pay
The followl.ng prov~s~ons exist for added payment for
special skills or work assignments:
A. Reqistration by State of California Civil
Engineers receive an additional $50.00 per month
above their base rate l.f they receive official
registration by the State of California. Such
registration must be maintained by the employees and
supplemented by regular, at least annual, courses in
the engineering field of study or the bonus wl.ll be
stopped as of July 1 of the next fiscal year.
Courses must be taken on the employees' own time;
however, courses which will enable the employees to
14
..
..
2.06
2.07
meet this requirement are subject to Tuition
Relmbursement.
B.
leBO Certificates -- Building and Safety Operations
supervisors receive an add~tional $50.00 per month
if they receive an lnternat~onal Conference of
Build1ng Officials Certificate as a combinatl.on
inspector. Employees receiving such eertification
must maintain certification to continue to quall.fy
for the bonus. Further, thlS must be supplemented by
annual courses in the applicable area of study or
the bonus will be stopped as of July 1 of the next
fiscal year. Courses must be taken on the employees'
own timej however, courses WhlCh enable the
employees to meet this requirement are subj ect to
Tuition Reimbursement.
C. Any Supervising Staff Assistant who is assigned to
the Police Records Bureau shall receive a bonus of
5% of base salary, paid on a monthly basis, for the
assignment. Said bonus shall cease if and when the
classificat~on of Supervising Staff Assistant is
replaced by another class~fication within that same
assignment.
Call-Back Pay
A. Should the City call back any full-time employee
after his/her normal workl.ng hours to perform work,
the City shall pay the employee the approprl.ate
overtl.me compensation but not less than a minimum of
three (3) hours pay regardless of time actually
worked as a result of bel.ng called back to work to
perform services for the City.
B. Should an employee in the Police Department receive
an authorized telephone call during his/her off-duty
hours for purposes of gaining informatlon or doing
other work, said employee shall be entitled to
compensation at the minimum of one-half hour at the
appropriate overtime rate. Phone calls will be
compensated ~n quarter hour increments after the
minlmum of 30 minutes has been met. Authorized
calls shall be defined as any ealls made by or
authorized by the Watch Commander on duty at the
time of the call.
Pay Rate on Appointment/Supervisory Differential
A. During the life of this MOU, supervisors covered
herein shall mainta~n a differential ~n pay over
their subordinate employees. The differential for
15
all supervisors who hold positions in Job
classifications represented by STA as of the end of
FY92-93, except Motor Coach Supervisors, shall be
determined by setting the E-step salary for the
supervisory job classification at a level which
provides at least fifteen percent (15%) more than
the E-step salary of the job classification of thelr
highest paid subordinate. The differential for Motor
Coach Superv1sors shall be determined by setting the
E-step hourly rate at that level which, when the
seven percent (7%) PERS contribution is added,
provides at least a twenty percent (20%)
differential over the E-step hourly rate for Motor
Coach Operators; except that the affected supervisor
must have on file a current performance rating of
SATISFACTORY OR BETTER to qualify for the term of
this section. The differential for supervisors who
hold positions in job classifications not
represented by STA as of June 30, 1993 shall be
determined by setting the E-step salary for the
supervisory job classification at a level which
provides at least ten percent (10%) more than the E-
-step salary of the job classification of their
highest pal.d subordinate. The dl.fferential for
incumbents holdlng a position in the Job
classlfication of Senior Civil Engineer will be at
least ten percent (10%) more than the E-step salary
established for the job classifieation of Civil
Engineer represented by the Admlnlstrative Team
Associates (ATA) , not the Civil Engineer job
classification which continues to be represented by
STA.
B. A supervisory differential of 2.7% shall be paid to
employees covered herein who are assigned to
regularly supervise other employees ln the same job
classification and who are not covered under the
terms of the section of th~s MOU covering pay for
serving in a higher classificat~on. Subsections A
and D shall not apply whenever an employee covered
herein is assigned to regularly supervise other
employees in the same job classificatlon.
C. In the event that the rate of pay being recel.ved by
an employee being appointed on promotion to a
classification covered by this MOU is equal to or
greater than the entrance salary of the new
position, the employee's salary shall be increased
to that salary step for hls/her new job
classification which provides a minimum five percent
(5%) salary increase, except as provided in D or E
below.
A reclassification of a permanent employee covered
hereln to a higher level Job classification will be
16
it
,I
2.08
considered a promotion and the employee's salary
shall be increased to the higher salary rate in the
new classification which provides a minimum of five
(5) percent salary increase, provided, however, that
in no event shall the salary rate exceed the maximum
salary rate for the new classification, except as
provided in C or D below.
D. In any event, an employee be:Lng appointed to a
position classification covered by this MOU shall be
placed at the step in the pay range for the job
class which provides not less than fl.ve percent (5~)
more than the highest rate being paid to
subord:Lnates.
E. In no event may an employee's pay rate exceed the
established E-step for the job classification.
Pay for Serving in a Higher Job Classif:Lcation
When, in the determination of the department head, it is
necessary to specifically assign an employee the
signifl.cant duties and responsibilities of a higher
classification, the employee so assigned shall be
compensated as follows:
A. If the assignment is temporary due to the vacation,
sick leave or other temporary absence of the
employee in the higher classification, the employee
temporarily asslgned shall be paid at the rate of
seventy five cents ($0.75) per hour for all such
hours assigned after the employee works a minimum of
two (2) consecutive work days in the higher
classification assignment, with payment retroactive
to the first day. The City shall not rotate
employees in and out of higher position
classification assignments in order to avoid paying
said compensation.
If the temporary assignment should last a minimum of
fourteen (14 ) consecutive work days, the employee
temporarily assigned shall receive the salary rate
for the vacant job classification at the lowest
salary step whl.ch provides a minimum five percent
{5%) salary increased, provided, however, in no
event shall the salary rate exceed the maximum
salary rate for the vacant classification being
filled by the employee on a temporary basis. Said
increase shall be retroactive to the first day with
the employee re:Lmbursing the City for any additional
payment received under paragraph one (1) above. In
no event shall the employee who has been given the
temporary assignment receive less than seventy-five
cents ($0.75) per hour.
17
2.09
B. If the position to be filled is vacant and there is
no valid eligible list for the classif~cation, the
Department Head may assign an employee who meets the
minimum qualifications of the vacant position to
fill the position on a temporary detail (acting)
basis. The employee shall receive the salary rate
for the vacant classification at the lowest salary
step which provides an increase of at least flve
percent (5%) over his/her current salary, provided,
however, in no event shall the salary rate exceed
the maximum salary rate for the vacant
classification being filled by the employee on a
temporary basl.s. If an eligible list exists for the
vacant position, the Department Head shall appoint
an employee from the eligible list at the earliest
possible date, and the provisions of this paragraph
shall be appll.cable to the employee assigned to
cover the vacancy in any interim period.
C. An employee specifically assigned to perform the
duties and responsibilities of a higher
classification may, after twenty working days,
choose to return to the original classification
provided that another qualified employee is
available to serve in the higher classification.
Nothing in this section shall require the City to make
temporary assignments of employees.
Bilingual Bonus
Qualified employees who meet the criteria set forth herein
shall receive a bilingual bonus of $50.00 per month. To
receive the bilingual bonus, the followlng criteria must
be met:
A. The employee must be assigned to speak or translate
a language other than Engl~sh.
B. There lS no llmitation as to the number of employees
that can be assigned to speak or translate a
language other than English as long as the
employeeCs) must regularly utilize such skill during
the course of hl.s/her dutl.es or upon request of
management.
C. An employee must be certified as qualified through
an examination administered by the Personnel
Department.
An employee who holds the position of Communication Center
Supervisor and who qualifies for bilingual bonus under
this Section because of Spanish language skills shall
18
2.10
receive an additional $50.00 peT month, for a total of
$100.00 per month.
Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassif~cation, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee's salary may be Y-rated. nY-ratedn
shall mean the malntenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range The employee's salary shall remain at
such level until the salary range of the new
classification equals or exceeds the Y-rate salary.
19
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
A. Medieal Insurance
Effective July 1, 1995, the City agrees to pay up to
a maXlmum of $475.00 per month towards the cost of
medical insurance coverage for employees and
eligible dependents provided that employees covered
hereunder participate in the City-offered medical
insurance programs. The cost of medical insurance
coverage will be set at the beginning of the medical
plan year and wlll be a "composite" monthly
insurance premi um derived by di viding the total
monthly premium for all medical plans offered by the
ci ty , except the PERS PORAe 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 pa~d by
the employee electing such coverage.
The Cl.ty and STA agree that employees should benefit
from any premium savings which accrue from the
~mplementat~on of a new health insurance program
(Triple Option Plan + Kaiser) in 1994. The
following procedure will be utilized to determine
savings, lf any, and, in the event of savings, how
said savlngs will be distributed:
(1) The actual medical insurance premium costs for
1993 for non-safety employees shall be compared
against the City's actual premium costs for the
new Triple Option Plan + Kaiser for those same
employees.
(2) If there should be any premlum savings between
1993 and 1994, each employee's share of the
savings will be determined by dividing the
total amount of the savings by the total number
of Cl.ty employees (non-safety) participating in
the City's medical insurance program. Each
employee's share of any savings will be paid to
the employee by no later than March 1, 1995.
Prior to this payment, the City wlll meet and
confer with STA and the other City bargaining
unlts to determine the method by which said
payment will be made (e.g., lump sum,
contribution to deferred compensation plan,
etc. ) .
20
In the event the medical insurance premiums for the
Triple Option Plan for 1995, and any subsequent
calendar year, should be less than the actual City
medical insurance premiums for 1993, the savings
will be handled in accordance with the same
procedure, outlined above, with the payment being
made to the employees by no later than March 1 of
the followlng calendar year.
B. Dental Insurance
Dental insurance coverage shall be provided at no
cost to employees and the~r eligible dependents
provided that employees covered hereunder
participate in the City-offered dental l.nsurance
programs.
C. Vision Insurance
The City agrees to provide vision care insurance, at
no cost, to employees covered hereunder. The City
retains the right to select the provider and to set
the levels of coverage for sal.d vision care
insurance plan. The City also retains the right to
change the provider of said vlsion insurance plan
and/or the level of benefits provided under that
plan wlthout meeting and conferring.
D Retiree Health Insurance
Employees with 20 or more years of service with the
City and who retire from employment with the City
after July 1, 1987, shall receive the following: for
each 75 days of unused sick leave accrued In the
employee's sick leave bank at the date of
retirement, one year of health insurance shall be
furnished to the retiree, at the approprlate retiree
premium, provided that the employee participates in
one of the City's health plans for retirees.
Employees covered hereunder who are hired on or
after July 1, 1990 shall not be eligible to receive
this benefit. Current City employees who obtain
positions represented by STA on or after July 1,
1990 shall also not be eligible to receive this
benefit.
21
3.02
3.03
Retirement
The City is a contract member of the Public Employee's
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility class~flcation, contribution, and benefits are
as preseribed in the contract between the City and the
Publ~c Employee' s Ret~rement System heretofore approved by
the City Council. The City shall continue to pay on behalf
of each permanent employee covered herein one hundred
percent (100%) of the individual employee's share of the
required retirement contributions to PERS [seven percent
(7%) of the employee's "compensation" as defined by PERS
leglslation] for the term of this MOD.
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall be
changed or be deemed to have been changed by reason of
such payments; as a result, the City will not treat these
payments as ordinary income and thus, will not withhold
federal or state income tax therefrom. The City's practice
will be to report these payments as being those of the
employees so that they wlll be credl.ted to the partlcular
employee's indi vidual account wi th 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.
Tuition Reimbursement
The City will budget annually suffl.c~ent funds to provide
each permanent line-item employee of the STA tuition and
requlred study material reimbursement for career
improvement or Job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Relmbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, provided however, that:
A. The maximum annual amount of reimbursement per
individual employee shall not exceed $1,000.00.
B. The course of study must be approved in advance by
authorized department officials and the Personnel
Director.
C. The course must be directed to qualifications for an
employment position represented in the City work
force or to enhancement of current job skills.
22
3.04
D. Reunbursement under this prov~sion shall be made
only to employees who have completed the requ~red
probationary period before completing the course for
which re1mbursement is requested.
E. Courses taken under this article may not be taken on
City time.
F. The employee must exhibl.t some reasonable
expectation of qualifying for the new position upon
successful completion of the study eourse if that
was the reason for the course.
G. Reimbursement shall be made upon successful
completion of the preauthorized course and upon
presentation of receipts and proof of satisfactory
course completion.
H. In no event shall the City's reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from any outside
source, plus the normal City rel.mbursement, exceeds
the cost of tuition and study material for the
approved study course.
I. The procedure to be followed with regard to the
administration of the tuition reimbursement program
shall be established by the Personnel Department.
Prior to the implementation of any revisions to the
procedure, the Personnel Department will meet with
STA to review the changes.
Deferred Compensation
Each employee covered herein will be offered participation
in the City's deferred compensation plan. The City agrees
to contrlbute to the plan, the amount the full-time
participating employee is contributing to the plan on his
or her behalf, but not to exceed $85.00 per month for any
participating employee. Part-time employees shall be
eligible to recelve said deferred compensation plan
contribution on a pro-rata bas1s in proportion to the
percentage of the full-time forty (40) hour work week the
part-time employee is regularly scheduled to work.
23
3.05
3.06
Uniform Allowance
A. Each employee occupying a regular full-time position
or a permanent and continuing part-time position in
the employment position classifications covered
herein, if required to wear a uniform and such
uniform is not furnished by the City, shall receive
a monthly unl.form maintenance allowance of $40.00.
In addl.tion to a continuation of the current monthly
uniform allowance described in the first paragraph
of Subsection A above, the City will provide one (1)
new uniform each fiscal year for the followlng STA
classifications in the Police Department providing
said STA employee (s) is/are required to wear a
uniform: Jail Management Supervisor, Parking Checker
Supervisor and Supervising Animal Control Officer.
B.
If, during the term of this agreement, the
allowance prov~ded to any employees in
composed of subordl.nates to supervisors
exceeds $40.00 per month, the employees
herein shall receive the higher amount.
uniform
a unit
herein
covered
c. The Cl.ty agrees to furnish and mal.ntain coveralls to
those employees that are required to do work that
may cause damage to their personal clothing.
D. Supervisors not covered above will be furnished with
a dl.stinctive work unl.form as prescribed by the
Cl.ty. The City wlll provide at least nine (9) sets
of such uniforms. Maintenance of these uniforms will
be in accordance with existing City contracts
concern1ng said uniforms.
Mileage Re~mbursement and Energy Conservation
Relmbursement to permanent employees covered herein for
the authorized use of personal automobiles on City
busl.ness shall be at the rate authorlzed by the City
Councll. Reimbursement rates Wl.ll be considered in
preparl.ng budget recommendations at least every two years.
Santa Mon~ca Munl.cipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered hereunder who submits, on the City
reimbursement form, a record of his/her trips (home to
work site, or work site to home) during the preceding
month. The Santa Monica Mun~cipal Bus Line Route number
and the Bus number used for each trip must be entered on
the reimbursement form.
Any employee who has not been lssued a Cl.ty parking pass,
or who voluntarily turns in his/her parking pass, shall be
24
3.07
eligible to receive forty (40) tokens per month under the
terms described above.
Sick Leave Buy Back
Employees covered herein shall have the annual option to
be paid for certaln unused sick leave on the terms noted
below or to "bankn unused sick leave.
Payment at the employee's base salary for the fiscal year
during which the sick leave was earned but not used,
excluding any special assignment or bonus pay, shall be
made only to employees on the payroll as of June 30 of
that fiscal year. To qualify for payment an employee must
have a sick leave "bank" of 12 days. For the purposes of
this section, "bank" shall mean sick leave earned in prior
years and reported in the "Sick Leave Balance Brought
Forward from Prior Contract Yearn column of the "Vacation,
Sick Leave and Compensatory Time" report issued by the
Finance Department at the beginning of the fiscal year
during which payable sick leave is earned.
Annual sick leave payoffs under this section for employees
with less than ten (10) years of service, shall be made
accordlng to the follow~ng schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this section for employees
with ten (10) or more years of service shall be made
accordlng to the following schedule, provid1ng there are
enough slck days accrued in the employee's sick leave bank
to cover the payoff described below:
25
3.08
3.09
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
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 (leave without pay) should be limited to
situations where no other appropriate paid leave ~s
available. The use of Code 40 in lieu of sick leave, or
the use of other paid time off not appropriately scheduled
in advance, will disqualify an employee from elig~bility
for paYment under th~s section for the year in which the
unauthorized leave occurs, and may subj ect the employee to
disciplinary action.
S~ck 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 lIbank" prior to the payoff date
shall be removed from the "bank").
Sick leave payoffs under this section shall be made by
separate check by the end of July following the fiscal
year in which the payable sick leave was earned.
Term L~fe Insurance
Effective as of the flrst of the month following
ratification of this Agreement by both parties, the City
agrees to mainta~n at no cost to the employee a term life
insurance plan for permanent employees covered herein,
wi th l.ndi vidual coverage of one t l.mes the employee's
annual base salary. The amount of term life insurance
which an employee covered herein is entitled to receive
shall be determined July 1 of each fiscal year and remain
l.n effect unt~l the next July 1.
Long Term Disability Insurance
The City agrees to maintain a long term disability
insurance plan for permanent employees covered herein at
no cost to the employee. The long term disability
26
~
insurance benef~ts will be equal to 60% of either the
employee's base salary or $6,667.00 per month, whichever
amount is less, reduced by the employee's income from
other sources.
27
ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered hereunder shall receive paid hol idays as
provided below:
New Year's Day - January 1
Martin Luther King's Birthday - Third Monday in January
Lincoln's Birthday - February 12
Washington's Birthday - Third Monday in February
Memorial Day - Last Monday ln May
Independence Day - July 4
Labor Day - First Monday in September
Thanksglving Day - Fourth Thursday in November
The Friday Following Thanksgiving Day
The Half-Day Immediately Before Christmas Day
Christmas Day - December 25
The Half-Day Immediately Before New Year's Day
One Floatlng Holiday
All Other Holldays Declared by the City Council
In addition, the Library shall close by no later than
5:30 p.m. on the day before the Thanksgiving holiday and
the day before the New Year's Day holiday.
A floating holiday becomes avallable at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year may be paid to the employee by the
employee entering the day on the time card for the last
paycheck of the fiscal year. A floatlng holiday which is
cashed out at the end of the fiscal year shall be paid in
an amount equal to eight (8) hours of the employee's
straight time base salary rate of pay. Failure to take
the floating holiday or to put the holl.day on the last
time card for the fiscal year shall constitute a
forfeiture by the employee.
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 precedl.ng shall be
deemed the holiday if it falls on the f1rst 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 followlng day shall be deemed the holiday
for such employee.
Time worked on an authorized paid holiday, up to the
number of hours worked in a normal work day, shall be
compensated as straight time overtl.me at the hourly rate
equivalent to the monthly salary, in addition to the
28
~
4.02
holiday pay i except that if a supervisor has a subordinate
who receives a rate greater than straight time, the
supervisor shall receive the same multiple of hours worked
as his/her subordinate. Tlme worked on a holiday in excess
of the number of hours in an employee's normal work day
shall be compensated as overtime at time and one-half.
When an employee covered herein is required to work on a
holiday, the employee shall have the option, with the
approval of his/her supervisor, to 11 float 11 the holiday on
a day for a day basis if the holiday is taken off at a
later date. The employee must schedule an alternate day
off within ninety (90) calendar days, but no later than
June 30 of the fiscal year in which the assigned hol~day
work occurred. In the event the employee elects to have
the day which has been floated paid rather than schedule
an alternate day off, the employee shall receive eight (8)
hours of holiday pay at the employee's straight-time rate
of pay.
Employees 1n departments or d1visions observing different
holiday schedules shall, in lieu of holidays listed above,
recelve holidays enjoyed by other operating employees in
that department or dlvision, provided, however, that the
same number of holidays (12) shall be observed.
Whenever any day listed here1n as a paid holiday falls
upon any day other than Saturday or Sunday when a City
facllity (including department, division or work unit) is
already scheduled to be closed to the public because of
the adoption of a compressed work schedule, employees who
work at sa1d City facility will receive a float1ng holiday
l.n lieu of the day listed as the paid holiday. This
floating hollday cannot be accrued and carried over to the
next fiscal year, and the floating holiday cannot be
cashed out at the end of the fiscal year. This floating
hollday must be taken by the end of the fiscal year in
which it is granted to the employee or be forfeited.
Vacation Leave
Employees covered herein shall accrue vacation leave with
pay on the following basis:
A. Following completion of the first six calendar
months of continuous service, six (6) working days.
B. Thereafter, up to and including five completed years
of service, one (1) worklng day for each completed
calendar month of service.
C. Thereafter, up to and includlng ten completed years
of service, one and one-quarter (1.25) working days
for each completed calendar month of service.
29
4.03
D. Thereafter, up to and including f~fteen completed
years of service, one and one - hal f (1 . 5) working
days for each completed calendar month of service.
E. Upon completion of fifteen years of service and
thereafter, one and three-quarters (1. 75) working
days for each completed calendar month of service.
F. Employees are expected to take their vacation each
year. An employee who has accrued vacation to the
maximum prescribed herein may be requ~red to take
vacation leave in order to reduce the accumulation
balance. The scheduling of vacation shall be
according to department or division policies and
cont~ngent on the service needs of the department.
If an employee is denied the time off required to
maintain a vacation balance below the maximum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensation.
G. Accrual of vacation leave shall not exceed forty
(40) days.
H. Except as provided herein, the administration or
application of vacation leave provisions and the
limitations on the aecumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil service
provisions of the Santa Monica Municipal Code.
Slck Leave
A. The use of sick leave shall be defined as in Section
2.04.570 of the Santa Monica Municipal Code, hereby
~ncorporated as l.f set forth in full herein, except
as follows:
Sick leave shall be defined as absence from duty
because of the employee's illness or off -the-j ob
injury, exposure of the employee to contagious
dlsease as evidenced by certification from an
accepted medical authority, medical or dental
appointments of the employee or the employee's
dependent chlldren which could not be scheduled
during non-work hours, with proper advance
notif1cation to the Department Head, or illness or
~njury of any member of the employee's household.
B.
Employees
wi th pay
leave
that
covered herein shall accrue sick
on the following basis, provided
30
4.04
4.05
permanent part-time employees shall accrue sick
leave in that proport ion as the number of hours
budgeted for the position bears to the full-tl.me
work week:
(1)
Following the completion of the first
calendar months of continuous service, six
working days.
six
(6)
(2) Thereafter, all sick leave accruals shall
accrue on the basis of one (1) working day for
each completed calendar month of service.
C. The foregoing benefits are eumulative subject to the
following restrlction:
No more than one-hundred thirty (130) worklng days
may be applied against sick leave for anyone
illness.
D. Any employee who is absent because of sickness or
other physical disability shall notlfy his/her
department head or other immediate superior officer
as soon as possible but in any event in accordance
with department rules and regulations.
Leave of Absence Without Pay
A permanent employee covered herein may be granted a leave
of absenee without pay upon application approved by the
Department Head and the City Manager. Such leave may not
exceed one year's time. Upon exp~ration 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
the employee's services even at the cost of some
lnconvenience to the City.
An individual reinstated following a leave of absence
without pay shall receive full seniority rights as if
fully employed during the leave only if said leave of
absence was of duration of 4 months or less and was for
the purpose of parental or pregnancy dlsability leave.
Military Leave
The Clty will observe the military leave requirements of
State and Federal law.
31
4.06
4.07
4.08
Workers' Compensation Leave
Employees covered hereln hired by the City on or before
June 30, 1985, who receive disability payments under the
Workers' Compensatlon Act of California shall receive the
difference between the disability payments under the Act
and full salary during the first ninety (90) days of such
disability absence.
Employees covered herein hired by the City on or after
July 1, 1985, shall be entitled to only those Workers'
Compensation benefits specified under State law and shall
receive no salary from the City during a leave for
injuries covered by the Workers' Compensation Act.
Bereavement Leave
Bereavement leave of not more than five (5) work1ng days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate faml.ly,
meaning spouse, child, brother, sister, parent,
parent-in-law, son-in-law, daughter-in-law, step-parent,
step-brother, step-sister, grandparent or grandchild. In
addl.tion, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
duty due to the death of any member of the employee's
household.
Jury Duty
Employees covered herein, when duly called to serve on any
jury and when unable to be excused therefrom, shall
receive the regular base compensation less all jury fees
recelved excludlng mileage for the time required to be
spent ln court provided that an individual employee will
be so paid for jury service 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 important department work in
progress. Each employee receiving a notl.ce to report for
jury service shall immediately notify his/her immediate
supervisor.
Whenever daily jury duty schedull.ng permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Employees covered herein may be required to provide proof
of jury service to rece~ve jury duty pay.
32
4.09
4.10
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
entltled to a leave of absence total~ng four (4) months
lmmediately following the child's birth or adoption and
shall be returned to the same line-item position occupied
prlor to the leave upon its expiration. Primary
responsibility may be established by provlding
documentat~on that the employee's spouse is medically
incapacitated or when the spouse is gainfully employed
during hours the employee is normally scheduled to work
and no schedule change for the employee's spouse is
possible. Paid vacation leave, and slck leave if
applicable, as well as unpaid leave shall be counted
toward the four month total. Additional leave may be
requested under the provisions of Article 4.04 of this
MOU.
In the event of a conflict w2th State or Federal law, the
City will comply with the provisions of applicable State
or Federal law.
Pregnancy disability leave is not the same as parental
leave and shall be administered in accordance with State
and Federal law. When an employee returns to work
following maternity leave, said employee shall be
reinstated to her former position.
Supervisory Leave
As partial recognltion of the supervisorial and sensitive
nature of the employee-employer relationship regarding
employees covered hereunder, the City hereby agrees to
grant forty (40) hours of paid supervisory leave time per
flscal year. The forty (40) hours of paid supervisory
leave time shall be in addition to any other regular
benefits which are provided by this Agreement.
The forty (40) hours of supervisory leave t2me shall be
granted in four (4) equal l.ncrements of ten (10) hours,
effective at the beginning of each three-month quarter of
the fiscal year beginning with July 1. Supervisory leave
time can be used in one (I) hour increments to supplement
elght (8) hours of paid leave time for a regularly
scheduled work day comprised of more than eight (8) hours.
Unused supervisory leave t2me cannot be accrued from one
f2scal year to the next. At the end of the fiscal year,
the employee shall receive payment, at the employee's
straight-time rate of pay, for any unused supervisory
leave time.
33
4.11
Family Leave
The City hereby agrees to implement family and medical
leave in accordance with the California Family Rights Act
(CFRA) and the Federal Family and Medical Leave Act (FMLA)
for all employees covered herein. These statutes shall
supersede and be implemented in lieu of any contract
language or City policy/practice which prov~des a lesser
benefit.
Before the issuance of any administrative regulations
pertaining to leave under the CFRA or FMLA, the City
agrees to dlscharge its meet and confer obligation with
STA.
34
ARTICLE V: WORKING CONDITIONS
5.01
Safety and Loss Prevention
The City shall make every reasonable effort to provide and
maintain a safe place of employment. The City shall
provide and maintain all equipment requ1red by applicable
safety laws and regulations and shall comply with all
other applicable health and safety laws and regulations.
Employees shall report unsafe practices I equipment or
conditions to thel.r supervisors. The use of safety devices
and protective equipment provided by the City shall be
mandatory.
An employee who is directed to perform a task which the
employee has good reason to believe is unsafe may request
an immediate review by his/her Department Head and the
Personnel Director who shall consult with the City
Build~ng Officer, Fire Marshal, County health officials,
or State health offic1als as appropriate. During the
period of review and/or investigation the employee shall
not be required to perform the task complained of, shall
not suffer loss of payor benefits, and shall be assigned
other appropriate duties, if possible.
If the task complained of is deemed safe by the
appropriate official, the employee shall then perform the
work as instructed.
The City shall continue to consult with a comm1ttee of
video display terminal users, at least one of whom shall
be an STA representative, regarding work environment and
other concerns of ind1viduals who spend half or more of
their work week using VDT'S.
Both parties recognize the role that supervisory officials
play in loss prevention and safety and agree that measures
of loss prevention and safety are one appropriate
indicator of performance of an employee subject to this
Morr.
5.02
Employee Parking
It l.S hereby agreed that the C1ty will make every effort
to maintain free parking as it presently exists for City
employees at City facilit1es. The employees covered by
this agreement recognize that the City must comply with
Regulation XV issued by the Air Quality Management
Distrl.ct (AQMD) and the City's own Transportation
Management Plan ordinance. If the use of positive
incentives does not result l.n the City meeting the
compliance requirements of either AQMD's Regulation XV or
the Cl.ty's Transportation Management Plan Ordinance within
35
5.03
5.04
one year of the effective date of this agreement, it is
understood that the City can lmplement a charge for
employee parking in an effort to meet those requirements.
In addit1on, 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 such charge. However, ln no event shall the City
l.mplement such a charge for parking without meeting and
conferring with STA should any employee(s) represented by
them be subject to such a charge.
Effect of Job Performance on Salary
The City Manager, in exceptional cases, based upon
specific appraisal of the lmportance and difficulty of the
work and the experience and ability of the person to be
employed, or of the incumbent, may authorize entrance
salarl.es higher than the minimum, and specl.al increases
above the amount prescribed in the salary schedule for the
class and length of service of the incumbent. In no event,
however, shall the rate exceed the maximum rate for that
class.
Notwlthstanding 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 perlodic
performance rating. There will be no subsequent increases
In wages untl.l the NOT ACCEPTABLE rating has been improved
to at least the SATISFACTORY level. If overall
performance is rated NOT ACCEPTABLE, the employee may be
dl.smlssed from service, and if two consecutive performance
ratings are marked NOT ACCEPTABLE, employee shall be
disml.ssed by appointing authority for inefficiency (SMCC
Sectl.on 2.04.490). Any overall ratlng in the BELOW
SATISFACTORY category may delay the next scheduled salary
step increase at the dl.scretl.on of the appointl.ng
authority. Such action shall remain in effect until the
overall rating has been lmproved to at least the
SATISFACTORY level.
Effect Of Reassignment/Recertification On Bonus/Skill
Pays
When a "bonus," "skill,n or additional pay referenced 1n
various sections of this MOU is the result of assignment
to specified dutles or hours, or of maintenance of a
reg1stration, certificate or other credential, the loss of
the bonus, skill, or additional pay due to the end of the
assignment or failure to maintain the requ1red
registration, certificate or credential shall not
const1 tute a demotion, pursuant to Section 2.04.530 of the
Santa Monica Municipal Code.
36
5 05
5.06
Supervisory Training
The City recognizes the importance of mainta~ning
supervisor awareness of poll.cies, regulations, laws and
procedures which pertain to the duties and
responsibilit~es of employees covered herein. The City
will provide at least annual training to supervisors
cover~ng such subjects as affirmative action, sexual
harassment, emploYment discrimination, discipline,
gr~evance handling, performance evaluation, labor laws and
practices, safety and loss prevention. Such training will
be supplemented by periodic bulletins and updates
regardlng changes in appll.cable law, policies, or
regulations.
Supervisors covered herein are encouraged to use training
and tu~tion reimbursement programs to seek additional
skill development In supervisory functlon and
responsibility.
A joint labor-management committee shall be established to
develop and implement supervisory training goals and
objectives, as well as programs, for the employees covered
hereunder. Said commlttee shall be comprised of not more
than three {3} representatives from STA and not more than
three (3) representatives from the City'S Personnel
Department. This committee shall meet not less than one
time per quarter during the City'S fiscal year, with the
meeting to be held during the first month of each quarter.
Work Schedules
In those cases where a permanent employee desires to
modify his/her work schedule to accommodate specific work
schedule needs of the employee (e. g., dependent care
arrangements) that do not fall within the normal work
schedule establlshed for the employee's position, the
employee shall submit a request for a work schedule
modlfication to his/her Department Head. As long as the
operatl.onal needs of the department and the City will
stlll be met, upon approval of the Department Head, the
employee's request shall be approved. If it should be
later determined that the operational needs of the
department and the City can no longer be met with the
employee's modified work schedule the employee shall
receive at least thirty (3D) days' notice that his/her
modified work schedule can no longer be continued. In the
event that the employee cannot change his/her outside
scheduling needs to fit within the regular work schedule
established for his/her position, the City will make every
reasonable effort to place said employee in another like
positl.on where the employee's specific scheduling needs
can be accommodated. While nothing in this sect~on
requ~res that the employee's modified work schedule be
37
5.07
5.08
~
granted or that the employee be transferred to a like
position to meet the employee's outside scheduling needs,
requests shall not be unreasonably denied.
If an employee's request for a modlfied work schedule is
den1ed and if the employee does not agree with the
decision that has been reached, the employee can grieve
such declslon under Section 6.04 (Grievance and Complaint
Polley) of this Agreement. Failure to successfully
transfer an employee under this Section w11l not be
grievable.
Promotion
If, upon promotion, an employee represented herein fails
to sat1sfactorily complete his/her probationary period in
the position to which he/she has been promoted, or during
the probationary period wishes to return to his/her former
position, he/she shall have the right to return to his/her
former position, l.f vacant, or to a comparable position in
the same Job classification if a vacancy exists. If no
vacancy exists, the employee will have any reappointment
rights to his/her former position as provided by Santa
Monica Municipal Code (Section 2.04.450) .
Probatl.onary Per10d
Any appointment made from an eligible list shall be
subject to a probationary period of six (6) months.
However, upon the determinat10n of the appointing
authority, said probationary period can be extended for up
to two (2) additional six (6) month periods. The
probationary period of an employee may be extended by the
appointing authority l.f:
A. A license, registration, or certification is
required before permanent status may be granted,
provided there l.S a reasonable expectation that the
license, regl.stration, or certification will be
awarded durlng the extension.
B. The employee has had a number of supervisors during
the probationary period, none of whom can
reallstl.cally evaluate the probationary employee's
performance.
C. The employee, or the employee's immediate
supervisor, was on leave for a signifl.cant portion
of the probationary perl.od.
D. The employee's probationary period involved work on
a specific project which has not yet been completed,
38
but which reasonably can be expected to be completed
during the extension period.
E. It is necessary to complete background reference
checks or similar investigations, including receipt
of fingerprint report from Department of Justice,
provided the employee is performing satisfactorily,
and the checks and investigations are expected to be
completed during the extension period.
F. The employee's performance needs l.mprovement, but in
the opinion of the appoint ing authority, can be
expected to become satlsfactory during the extended
probationary period.
G. The appointl.ng authority identifies job-related
circumstances other than those listed above.
If an appointing authority determines that the extension
of an employee's probationary period is warranted, he/she
shall submit to the Director of Personnel, in writing, the
reason (s) for extending the employee's probationary period
with~n ten (10) calendar days prior to the expiration of
the probatl.onary period. This same provision shall apply
to any six-month extension of the probationary period.
No appointee shall acquire permanent civil service status
until his/her probationary period has expired and unless
prl.or to the expiration of such period the appointing
authority of the appointee has recommended to the
Personnel Direetor, in writing, that the appol.ntee be
given permanent civil service status. In the event the
appointing authority fails to make such recommendation
prior to the expiration of the probationary period, the
probat~onary appointee's employment by the City shall
terminate automatically upon the expiration of said
probationary period. This same provision shall apply to
any six-month extension of the probationary period.
If an employee covered herein passes a six-month
probationary perlod, said employee would normally not be
eligible for a salary step increase until the completion
of one full year of service in that posit~on, with said
salary step increase being contingent upon satisfactory
service.
39
~
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductions
It is mutually understood and agreed that the Clty will,
subject to the provisions of Ordinance 801 (CCS) and
during the term of this MOU, deduct monthly and remit to
the office or officer desl.gnated in the employee payroll
deduction authorization form of the recognlzed employee
organization, the dues, credit union investments or
payments, health and hospitalization insurance premiums,
and life and accident lnsurance premiums. Further, the
City agrees to change deductions from the employee's pay
from a monthly to a twice-a-month basis (on the 1st and
2nd pay checks of the month) only if the out-of-pocket
cost to the employee for health insurance premiums exceeds
$25.00 per month.
Any or all of such payroll deductions are subj ect to
termlnatl.On by the City Manager upon twenty-four (24)
hours notice for fal.lure to comply with the provisions of
this MOU.
6.02
Reasonable Notice
A. It is mutually understood and agreed that a copy of
the City Councilor Personnel Board agenda for each
meeting mailed by U.S. Mail or interofficemail.to
the authorized representative of STA shall
constltute reasonable written notice, and notice of
an opportunity to meet with such agency, on all
matters within the scope of representation upon
which the City Councilor Personnel Board may act.
B. The City agrees to notify STA of any change in
status of its membership on a monthly basis. The
City further agrees to provide STA with at least 10
days' notlce of any change in classification, except
that the STA president may waive any tlme limits.
6.03
Time Off for Association BUSlness
Authorized STA representatives shall be allowed to utilize
a total of forty (40) hours of time off with pay during
each fiscal year to conduct necessary Associatl.on
busl.ness. These forty hours per annum represent the
aggregate maximum use for all authorized representatives
of the Association per fiscal year, as opposed to forty
(40) hours per representative. Prlor to using such time,
authorized representatives must receive permission from
the Department Head, or his/her authorized designee, in
writing. For accounting purposes, all such time off shall
40
6.04
be reported to the Personnel Director by copy of the
authorizatlon memo signed by the Department Head or
designee.
Grievance and Complaint Policy
A grievance l.S a complaint by one or more employees
concerning the applicatlon or interpretation of the MOO,
ordinances, resolutions, policies, practices or procedures
affecting the employee's wages, hours and/or working
conditions provided, however, that grievances regarding
dl.sciplinary actions must be lodged by the employee being
disciplined and that appeals arising from suspensions,
demotions and removals shall be subject to the procedures
outlined in Section 2.04.750 et seg. of the Santa Monica
Munl.cipal Code, and that complaints regarding Performance
Evaluations shall be subject to the procedures contained
in Section 2.04.480 of the Santa Monica Municipal Code.
The Clty agrees that employees shall be afforded all due
process rlghts provided in applicable law.
The STA agrees the rights of probationary employees are
limited to those provided under the Santa Monica Municipal
Code and Clty Charter.
Step 1.
The aggrieved employee(s) shall meet with the
immediate supervisor regarding the grievance,
which must be stated in writing, specifically
citlng the MOU provision, ordinance,
resolution, rule, policy, practice or procedure
that is the subject of the grievance and the
circumstances giving rise to the grievance
w~thin th~rty (30) days of the event giving
rl.se to the grievance.
Step 2.
If the grlevance is not resolved by the end of
the employee's third regularly scheduled day
follow~ng the day on WhlCh presentation of the
grievance to the immediate supervisor occurred,
the employee may, within five regularly
scheduled days thereafter appeal to the second
level supervisor, if any.
Step 3.
If the grievance is not resolved by the end of
the employee's fifth regularly scheduled day
following presentation of the grievance to the
second level supervisor, if any, the employee
may, within five regularly scheduled days
appeal to the Department Head. The Department
Head shall meet with the employee and the
employee's representative to attempt to resolve
the grievance.
41
.
Step 4.
If the grievance is not resolved by the end of
the employee's tenth regularly scheduled day
following presentation of the grievance to the
Department Head, the employee may, within five
days, appeal to the Personnel Director, who
will lnvestigate the grievance and make
recommendations to the City Manager, whose
decisl.on shall be final. The decl.sion of the
City Manager shall be issued no later than the
end of the thirtieth day following presentation
of the grl.evance to the Personnel Director.
It is mutually understood and agreed that:
A. All time periods in this section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grlevance shall be considered untimely if not
presented by the employee or the STA within thlrty
(30) days of the lncident giving rise to the
grievance or within thirty (30) days of l.ts effect
upon the employee in those lnstances where it is
shown that the employee could not reasonably have
known of the grievable action.
C. Employees shall have the right to be represented in
grievance matters in the following manner:
(1) Employees shall have the rl.ght to represent
themselves individually in grievance matters.
(2 )
Employees may designate
Department or of STA to
grievance matters at Steps
of the grievance process.
a member of the
represent them in
One (1) and Two (2)
(3) Employees may designate a member of the
Department, an STA representative, or a legal
representative to represent them in Steps Three
(3) and Four (4) of the procedure.
(4) For the purposes of this section, ndaysn shall
mean regularly scheduled work days of the
employees in the affected department or
division.
(5) Reasonable time off without loss of payor
benefl.ts shall be given to a grievant or STA
grievance representative to investigate or
process grievances, and to witnesses in any
grievance hearing or meeting held during
working hours.
42
.
Before performing any grievance work, STA
representatives, the grievant or witness shall
obtain permission from the immediate supervisor and
shall report back to work when the grievance work is
completed. Neither the grievant nor representative
nor witness shall interrupt or leave work if the
supervisor determines that such interruption or
absence will unduly interfere wlth the work of the
employee. However, if the supervisor denies such
time off when requested, time off must be granted
within twenty-four (24) hours of such request.
D. An employee who has lnitiated a grievance, or
assisted another employee in lnitiating and/or
processing a grievance, shall not in any way be
coerced, intimldated or discriminated against.
43
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum
of Understanding to be executed this 14th day of December
1995.
~fi~~
c1):Jln7fi:lJ
JW7:1t -7
Ruf;h-tldell- --tf
~?~~{,
(
John Jalili
city Manager
APPROVED AS TO FORM:
,~~)v~~
Marsha Jpnes Moutrie
city Att6rney
44
G
"Exhibit A"
For Job Classifications established as at the end of FY92-93,
employees covered hereunder shall be as follows:
Arborist
Assistant Administrative Services Officer
Assistant City Treasurer
Building and Safety Operatlons Supervisor
Cemetery Field Supervisor
Communications Center Supervisor
Crossing Guard Supervisor
Custodian Supervisor
Electrical Supervisor
Fleet Maintenance Superintendent
Housing Assistance Supervl.sor
Identifl.cation Section Supervisor
Jail Management Supervisor
Liability Clal.ms Supervisor
Librarian III
License, Permit and Park~ng Citation Supervisor
Mechanic Supervisor
Motor Coach Supervisor
Parking Checker Supervisor
Parking Meter Supervl.sor
Pier Maintenance Supervisor
Planning and Permit Supervisor
Police Records Management Supervisor
Property Evidence Supervisor
Sanitation Supervisor
Senior planner
Senl.or Traffic Engineer
Street Clean~ng Supervisor
Supervising Fl.scal Staff Asslstant
Supervising Staff Assistant
Traffic Operatlons Supervisor
Transfer Station Supervisor
Transportation Mechanic Supervisor
Warehouse Supervisor
Waste Water Supervisor
Water Production and Treatment Supervisor
Water Supervisor - Construction
Water Supervisor - Meters
45
~
~
For Job Classifications represented by STA after June 30, 1993,
employees covered hereunder shall be as follows:
Accounts Payable Supervisor
Beach and Street Cleaning Supervlsor
City Manager Office Administrator
Communications Management Supervisor
Community Services Program Superv~sor
Community Services Program Supervisor - Aquatics & Community Sports
Programs
Community Services Program Supervisor - Community Sports Programs
Community Services Program Supervisor - Employment Programs
Community Services Program Supervisor - Therapeutic Recreation
Programs
Community Services Program Supervisor - Volunteer Programs
Community Servl.ces Program Supervisor - Youth & Family Programs
Council Office Adminl.strator
Electrical and Public Facilities Superintendent
Event Facilities operations Supervisor
Event Facilitles Services Supervisor
General Ledger Supervisor
Parks Maintenance Supervisor
Parks Maintenance Superintendent
Park Ranger Supervisor
Principal Community Services Supervisor
Principal Commun1ty Services Supervisor - Sen~or Services
Princl.pal Community Services Supervlsor - Youth & Family Services
Payroll Supervisor
Sen~or Civil Eng~neer
Solid Waste Business Supervisor
Street Maintenance Superintendent
Supervislng Animal Control Officer
Systems Development Supervisor
Technical Servlces Supervisor
Trades Superv~sor
Utilities Billl.ng Supervisor
46
:a
Adopted and approved th1s 13th of December, 1995
dJ~.=
Mayor
I hereby certIfy that the foregomg Resolution 8977 (CCS) was duly adopted at a meetmg
of the CIty CouncIl held on the 13th of December, 1995 by the followmg vote
Ayes
CounCIl members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner, Greenberg
ATTEST
'-L~ ~~
CIty Clerk
<<
RESOLUTION NUMBER 8978
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE EXECUTIVE PAY PLAN
WHEREAS, the Executive Pay Plan resolution adopted by Resolution No 8283
(CCS) has been In effect for four year and amended by Resolution No 8470 (CCS)
and Resolution No. 8835 (CCS) ; and
WHEREAS, certain of Its provIsions require modification to update
compensation and other terms and conditions of employment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1 The City Council does hereby modify the eXisting Executive Pay
plan resolution which defines the wages, benefits and conditIons of employment of
the City's Department Heads and those members of the Executive Staff of the City
Manager's Office who choose to represent themselves individually under Ordinance
No 801 (CCS).
SECTION 2 The Executive Pay Plan adopted by Resolution No. 8283 (CCS)
IS readopted and Incorporated herein by this reference, except as to Section 8, which
.
"
IS amended to read as follows, and the addition of Section V (Jury Duty) which
follows Section B:
B. July 1995 WaRe Adlustments. Effective July 1, 1995, the E-step salanes
of the participants In the Executive Pay Plan shall be adjusted by two percent (2%)
V Jury Duty. Employees covered herein, when duly called to serve on any
Jury and when unable to be excused therefrom, shall receive the regular base
compensation less all Jury fees received excludmg mileage for the time required to be
spent In court provided that an individual employee will be so paid for Jury service only
once every three (3) years and shall make every effort to cooperate with any request
by the City Manager to request a delay In Jury service to accommodate Important
department work In progress. Each employee receiving a notice to report for Jury
service shall Immediately notify the City Manager or his/her designee. Whenever dally
Jury duty scheduling permits, employees shall return to their regular dally Job
assignment to complete their regular dally work hours.
SECTION 3' This Resolution shall In effect as of July 1, 1995 and shall remam
m effect until modified by a future Resolution adopted by City CouncIl.
SECTION 4: 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'
hA /, / / j 1<l.L0 L~-
M;~~.-?Moutrle
City Attorney
{kh "eep611-!
..
Adopted and approved th1s 13th of Decemher, 1995
~~
Mayor
I hereby certify that the foregomg ResoluTIon 8978 (CCS) was duly adopted at a meetillg
of the CIty CouncIl held on the 13th of December, 1995 by the followmg vote
Ayes
Council members
Abdo, Genser, Holbrook, 0' Connor. Rosenstem
Noes
Council members
None
Abstam
Council members
None
Absent
Councll members
Ebner, Greenberg
ATTEST
~ ~ J:~~=,~.
CIty Clerk \.
REQUEST TO ADDRESS THE COUNCIL
I'
; J
V
Deposit requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be receIVed poor to
any pubhc comments on the agenda Item "Late" requests
reqUire a 2/3 vote of the CounCil to be heard
NAME J U Lot P. LA }VI rvl
ADDRESS :2...1 2. - /6 -rY ~ I
CITY ~1'" ~!/t.- ZIP (c..
DATE 1 '2-/12. (C;~ ITEM NO. II A
*
*Persons wishing to speak on more than one rtem per meetmg must
submit a separate request for each Item and check appropnate box
9i 3 mmutes (limited to 1 item per meetmg)
o 2 minutes (limited to 1 item per meeting)
o 1 minute (all other items)
REQUEST TO ADDRESS THE COUNCIL V
Depos1t requests In the box located at the front of the Chamber
by the C1ty Clerk's desk All requests must be receIVed pnor to
any publiC comments on the agenda Item "Late" requests
reqUIre a 213 vote of the Council to be heard
NAME J'/ vn LJ(?'.' I/o:' :_..!.is('!:1/../
ADDRESS ..2';: _'~
CITY
DATE 1)- /;2
'/ j ... -'
I........ ...... I
~ /< , , , . 'l"'=
-. . ~.
ZIP
ITEM NO. // Ii *
/-S
"Persons wIshing to speak on more than one Item per meetIng must
submit a separate request for each Item and check appropnate box
o 3 minutes (limited to 1 Item per meetmg)
I]Y" 2 minutes (limited to 1 item per meeting)
o 1 minute (all other items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests In the box located at the front of the Chamber
by the City Clerk's desk. All requests must be receIved pnor to
any public comments on the agenda Item "~-requests
reqUIre a 2/3 vote of the Council to be heard I p/5-"';"
NAME ~ i ) I tAJo~d ~ l.,; "J: ~
ADDRESSSavr(q /lonfC?, f+'?if ~\
,
CITY ~ ZIP
DATE !2/1.2-,/?Y ITEM NO. / / A *
.Persons wishIng to speak on more than one Item per meeting must
subm,t a separate request fOf each ,tern and check appropnate box
)3.- 3 minutes (limited to 1 item per meeting)
o 2 minutes (limited to 1 item per meeting)
o 1 mmute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
DeposIt requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any public comments on the agenda Item "Late~sts
requIre a 2/3 Vl0?te f the. Council to be heard ( 1)/ t::1- i
, / Gr-,' - ! j..!...tft /
NAME {iT- ;r ," () :~ !- \, I--
ADDRESS ,~H V(P r3fJit5(/h~ ((
CITY j:" 1J- ZIP' t( t<J b C/
DATE ITEM NO. i I ft-
*
"Persons wishing to speak 011 more than one Item per meeting must
submit a separate request for each Item and check appropnate box
fl 3 mmutes (limited to 1 item per meeting)
o 2 mmutes (limited to 1 Item per meeting)
o 1 mmute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
/
Deposit requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received prior to
any public comments on the agenda Item "Late" requests
reqUIre a 2/3 vote of the Councl' to be heard
NAME hP~ 2~~
, -
ADDRESS ~2'c5~/~~~--R
CITY ~~~_ Zl~~/'~
DATE / ~~ ,#f1TEM NO.//--#- *
*Persons wishing to speak on more than one Item per meeting must
submit a separate request for each Item and check appropnate box
J'i 3 minutes (limited to 1 Item per meetmg)
o 2 mmutes (limited to 1 item per meeting)
[] 1 mmute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any public comments on the agenda Item "Late" re
req~ ~te;. of the ~II to be heard - .:: ~r
NAME f')t \(J \i\ l'\/vroA~\ \U q "-f
ADDR~~~ 7~~~ (~~'1 \q. L\~ ~~-e.
CITY ~l^' .. ZIP
DATE \tr- - Iv q~ ITEM NO. [\ {T--
*Persons Wlshlllg to speak on more than one Item per meetlllg must
submIt a separate request for each Item and check appropnate box
e( 3 minutes (limited to 1 item per meetmg)
*
o 2 minutes (limited to 1 item per meetmg)
o 1 minute (all other items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests m the box located at the front of the Chamber
by the City Cterk's desk All requests must be received pnor to
any public comm. ents on the agenda. Item "Lat~" ests
reqUire a 2/3 vote of the Council ~ be heard 0;_ 1
NAME z:- 1) r/ LJcLfi,t:f;t/ ,,~~~ I
ADDRESS..2-.:l./- :L ./'l~tfi'i'/-<'-o lIfT:
- ~
CIT't-.( ~ ~~- ZIP ~} s0. i
DA TE I ot-/~-!?I ITEM NO. IIf .4 - *
/ ~/ II , T _,
.Persons wlshmg to speak on more than one Item per meetIng must
submit a separate request for each Item and check appropnate box
o 3 minutes (limited to 1 item per meeting)
Jii( 2 minutes (limited to 1 Item per meetmg)
o 1 minute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
DeposIt requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any publIc comments on the agenda Item "Late" requests
requIre a 2J3 vote of the CouncIl to be heard. .bu....
NAME XE/V/YE7?1 :l}?zt-,#;2Jf~:f:
I ,
ADDRESS 7--808 OtdP;ift,v
CITY as i/kr5/bU' ZIPq#Jb~
DATE IJIly/1s-' ITEM NO. II -II *
I /
"Persons wlshmg to speak on more than one Item per meetmg must
submIt a separate request for each Item and check appropnate box
;:a- 3 minutes (limited to 1 item per meeting)
o 2 minutes (limited to 1 item per meetmg)
o 1 minute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
"(
ZIP
ITEM NO.
?NJf; (,,, 1,,(
... ,.!.II .
II A--
*
*Persons wlshmg to speak on more than one Item per meetmg must
submit a separate request for each ltem and check appropnate box
'tI{ 3 mmutes (limited to 1 Item per meeting)
o 2 minutes (limited to 1 item per meetmg)
o 1 minute (all other items)
v
REQUEST TO ADDRESS THE COUNCIL
Deposit requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any public comments on the agenda Item "Late" requests
require a 213 vote of the Council to be heard
NAM E 1<' O&:'e e.+
ADDRESS ..2. ~~~
CITY 5 · f;tA .
DATE ,.z-- rz..- 'i5
tJew~LJ";)
,A,ee iJue
ZIP
ITEM NO. , (- P
*
*Persons wIshing to speak on more than one Item per meeting must
submit a separate request for each Item and check appropnate box
....EI 3 minutes (limited to 1 item per meeting)
o 2 minutes (limited to 1 item per meetmg)
o 1 mmute (all other items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any public comments on the agenda 1tem "Late" re~sts
require a 2/3 vote of the Council to be heard ~!) ~ :
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NAME STfrAl S#A/liJ6?J?nl#', !-.;: .:
. "-- .
ADDRESS ~?? W. r:co f7LVO
L,f-- ZIP ?~3$
/7'i2j9r ITEM NO. //-17
CITY
DATE
*'
"Persons Wishing to speak on more than one Item per meeting must
submit a separate request for each Item and check appropnate box
"61 3 mmutes (limited to 1 item per meetmg)
o 2 minutes (limited to 1 Item per meeting)
o 1 minute (all other items)
REQUEST TO ADDRESS THE COUNCIL
r
'./
Deposit requests In the box located at the front of the Chamber
by the CIty Clerk's desk All requests must be recell/ed prior to
any public comments on the agenda .tem "Late" requests
reqUire a 2/3 vote of the Council to be heard
NAME \C( ~I()f ~5~( to
ADDRESS 219:7 ~\./vwb
CITY L- fA- ZIP~
DATE 'r/ri\~' ITEM NO. ({ /4-'- *
"Persons Wishing to speak on more than one Item per meeting must
submIt a separate request for each Item and check appropnate box
~ minutes (limited to 1 item per meeting)
o 2 minutes (limited to 1 item per meeting)
o 1 minute (all other items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests In the box located at the front of the Chamber
by the City Cleric's desk All requests must be reGelved pnor to
any pubJrc comments on the agenda Item nLalen~que~ts
reqUIre a 2/3 vote of the Council to be heard ::~
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if ~A.,A}E7l1 '{ (, '/:J/A-
(/ /I~/._- C -/TJ
ADDRESS ,'" i I 7 l- ,) L nVL-.IC-
/,1
/ J/.' 9 r
CITY F-~"~ VC(CLL 5 ZIP CC'(;'(~
DATE I 2.j; 2// 9 'i ITEM NO. tl-!\
*Persons wishing to speak on more than one Item per meeting must
submit a separate request for ei;l.ch Item and check appropnate box
~
NAME
3 minutes (limited to 1 Item per meeting)
o 2 minutes (limited to 1 item per meeting)
o 1 minute (all other Items)
,
*
v
REQUEST TO ADDRESS THE COUNCIL
DepoSIt requests In the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any public comments on the agenda Item "late" requests
reqUIre a 213 vote of the CouncIl to be heard
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~~~ ~- .'---: 1/ t~h _/
NAME
ADDRESS
CITY
-
j..", (; -
v ..;
, I/'
P 2-- /--j
" i .
i' ___ /
ZIP -f/; ~.
I 'v
.-
ITEM NO. I~ *
DATE
I
, -. i ./1 j ) .-
I - f !.-:
I .
*Persons wishing to speak on more than one Item per meetrng must
submIt a separate request for each Item and check appropnate box
B 3 mmutes (limited to 1 Item per meetmg)
o 2 minutes (limited to 1 Item per meeting)
o 1 minute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
v
Deposit requests In the box located at the front of the Chamber
by the City Clerl(s desk All requests must be received pnor to
any public comments on the agenda Item "late" requests
reqUIre a 2~ote of the CouncIl to beJ~eard
NAME +J ~ S n. e 0-.--
ADDRESs2h ~O 3;L ~
6J /Vl ZIP
J,;2 / I "'2-- ITEM NO.
. I
CITY
DATE
\("
*
*Persons WIshing to speak on more than one Item per meetrng must (
~mlt a separate request for each Item and check appropnate b
~ 3 minutes (limited to 1 item per meetmg)~
o 2 mmutes (limited to 1 item per meeting)
o 1 mmute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests rn the box located at the front of the Chamber
by the City Clerk's desk All requests must be received pnor to
any public comments on the agenda Item "late" reguests
reqUire a 213 vote of the Council to be heard .A5 C
I . ~
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-.l.'
NAME
ADDRESS
CITY
DATE
ZIP
ITEM NO.
*
*Persons wlshrng to speak on more than one Item per meetIng must
submit a separate request for each Item and check appropnate box
o 3 minutes (limited to 1 Item per meeting)
o 2 minutes (limited to 1 Item per meeting)
0-- 1 minute (all other items)
REQUEST TO ADDRESS THE COUNCIL
Deposit requests rn the box located at the front of the Chamber
by the City Clerk's desk All requests must be receIved pnor to
any public comments on the agenda Item :'Late" requests
reqUire a 2: vote of the CouncIl to be heard J t![,.
NAME ~~/; r/~O~/k!:/ ."
ADDRESS :;2-~-~ ~ ~;1/f(r(lii::-
CITY ..j=,/;/ ZIP 9/J /'/,1/-----
.1 /1.//'-"
DATE j,J-//_vYf ITEM NO. /V-- *
*Persons WI~hl'tO s~a; on more than one lte~ per meeting must
submIt a separate request for each Item and check appropnate box
o / minutes (limited to 1 item per meeting)
.ff 2 minutes (limited to 1 Item per meeting)
o 1 minute (all other Items)
REQUEST TO ADDRESS THE COUNCIL'/
DeposIt requests In the box located at the front of the Chamber
by the City Clerk's desk AU requests must be receIved pnor to
any public comments on the agenda Item "late" requests
reqUire a 2J3 vote of the Council to be heard
........--
NAME ~'! h1
/' '"
ADDRESS ...:. ...,:..JJ
CI TV ~<1',.) C- /71
DATE /-2~ ,,<!2~ i'S-
p,y~./ If~r;7/~
'0,' -j.J j.....t'-f ,,/1 /' ,~-
r:..:: Y I"":;,.. ";,y' n ~~G"
ZIP "7'PC1:;.......
ITEM NO. -<-.<;...
*
*Persons wlshmg to speak on more than one Item per meeting must
submit a separate request for each Item and check appropnate box
o 3 minutes (limited to 1 item per meeting)
o 2 minutes (limited to 1 item per meetmg)
[l.Y" 1 minute (all other Items)
REQUEST TO ADDRESS THE COUNCIL
Deposrt requests In the box located at the front of the Chamber
by the CIty Clerk's desk All requests must be received pnor to
any publrc comments on the agenda Item "late" requests
requIre a 213 vote of t:: c"~uncll to be heard ~
NAME /~-:c ~~~ ---
, L-
ADDRESS --1V?;tJ ~<~4
/7
CITY /~ B-: ZIP PCy/~;
DATE /;:-, ;?:> /-1',r.;--ITEM NO. Is- *
f
*Persons Wishing to speak on more than one Item per meeting must
submit a separate request for each Item and check appropnate box
J:l" 3 minutes (limited to 1 item per meeting)
o 2 minutes (limited to 1 item per meeting)
o 1 minute (all other Items)