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PE.PAl55U MOU stfrpt,1997-98 bancroft.pms
Council Meeting. February 24, 1998
Santa MOnica, California
TO' Mayor and City Council
FROM. City Staff
SUBJECT: ResolutIon Authorizing the CIty Manager to Execute a Memorandum of
Understandmg with the Public Attorneys' Legal Support Staff Union
INTRODUCTION
This report requests that Council adopt the attached Resolution authorlzmg the City
Manager to execute a Memorandum of Understanding (MOU) with the Public
Attorneys' Legal Support Staff Union.
BACKGROUND
The current Memorandum of Understanding (MOU) with the Public Attorneys' legal
Support Staff Union expired on June 30, 1997 As per the terms and conditions of
the expIred MDU, negotiations With the Publrc Attorneys' Legal Support Staff Union
to replace the expired MOU commenced and resulted In the attached MOU. ThiS new
agreement has been ratified by the membership of the Public Attorneys' legal Support
Staff Union
ThiS agreement provIdes for a cost of IIvmg Increase for FY97-98, replaces the
city-paid deferred compensation plan contrrbutlon With an equal one-time adjustment
126
MAR 0 3 RIB
..
,
S' '- ,-
"
;J #
to base pay, expands bereavement leave coverage and makes some minor
non-economic changes.
BUDGET/FINANCIAL IMPACT
Funds are already Included In the budget for FY97 -98 to cover any costs assocIated
wIth thIs agreement,
RECOMMENDA TION
It IS recommended that Council adopt the attached Resolution authorizing the CIty
Manager to execute the attached Memorandum of Understandrng with the Public
Attorneys' Legal Support Staff Union
Prepared By: Karen Bancroft
UPALSSU MOU sUtpt 1991 981
SUMMARY
MOU SETTLEMENT
PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
TERM:
one-year MOU (7 /01/97 to 6/30/981
ECONOMIC ITEMS:
.
COLA:
7/01/97:
Delete City-paid deferred compensation
($25/month) and add that amount to base
salary; 3% COLA applied to base salary
. Bereavement Leave - expanded coverage
NON-ECONOMIC ITEMS:
. Replace Lincoln's Birthday Holiday with non-cashable floating holiday
CLARIFICATION LANGUAGE RE:
. Performance Evaluations
. Personnel Files
. DIscipline
Attached MOU reflects the above-listed changes, Deleted contract language appears
as strike-outs. New language IS printed In bold and underlined.
JPA~SSU Serrlemenr SUIllINfY 1997 98)
RESOLUTION NO. 9245
(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' LEGAL SUPPORT STAFF UNION
WHEREAS, the City administration and representatives of the Public
Attorneys' Legal Support Staff Union have met and conferred under the terms of
Ordinance No 801 (CCS) and have reached agreement on wages, hours and other
terms and conditions of employment; and
WHEREAS, Section 2,06 of Ordinance No, 801 (CCS) of the City of
Santa MOnica requires preparation of a written Memorandum of Understanding
between the administration and employees If an agreement can be reached; and
WHEREAS, Section 2 06 of Ordinance No, 801 (eCS) further provides
that any such Memorandum of Understandrng shall not be bmdlng unless and until
presented to the governing bOdy for determination; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperatIon, and understanding between
the City and the Public Attorneys' Legal Support Staff 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 Momca does hereby
approve and authorize the City Manager to execute the Memorandum of Understanding
ratified by the Public Attorneys' Legal Support Staff 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,..~~
MARSHA J~~OUTRIE
City Attorney
lPA~SSU ResolutJOrl 1997.981
~#Coqtf6 (C5
C~O -II '17-l.(~ GCr)
MEMORANDUM OF u~uERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION
TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS
1 01:
1.02'
1.03,
1. 04
1. 05
1.06:
1.07:
::.08:
1 09:
1 10:
1.11:
l 12:
1.13:
1.14'
1.15
Partles to Memorandum. "............, 3
Purpose. . . . , . . . , . . . . . . . . . . , , . . . . . . . ,. ,....... 3
Term of Agreement..... ................... 3
Clty Council Approval...... ...........,.. 4
Recognlzed Employee Associatlon Name.. .. 4
Scope of Representatlon.................. 5
Full Understandlng, Modl:lcatlon and
Wal ver. . . . . . . . . . . . . . . . . . . . . . .. .......... 5
Management Rlghts Reserved..,. ... ,...... 5
Peaceful Performance of Clty Servlces..... .... 6
Valldlty of MOU., ..... ........ .... 7
Captions for Convenlence. .... ...... 8
Equal Employment ......... 8
Definltlons. . . .. .. . . . . . . . . . . , . . . 8
Overpayment Remedy.. . ,. ......... 11
Payments at Termlnatlon ........ 11
ARTICLE II. COMPENSATION
2.01:
2.02:
2 03:
2 04:
2 05:
2 06:
Effective Date of Pay Increase....
SalarJ..es. . . , . . . . . . . . . . .. .........,
Overt )..me . . . . . . . . . . . . . . . . .. .........
Call-Back Pay............. ........
Blllngual Compensatlon..............
Y - Ra t ing. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
12
15
16
16
17
ARTICLE III. SUPPLEMENTAL BENEFITS
3.01.
3,02'
3.03.
3.04.
3.05,
Retlrement. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . .. 18
Health Insurance Programs............. . ...,. 18
TUltlon Reimbursement..".,...".."" ....... 20
Mileage Relmbursement and Energy
Cons e rva t ).. on . . . . ,. ..................... 21
Deferred Compensatlon. .. .... ... ....... .... 22
1
3.06.
3.07:
Long Terw D~sab~l~ty Insurance. ......
Slck Leave Buy Back...................
22
22
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:
Pald HalJ.days. . . . . . . . . . . . . . . . . . . . .. .,...... 25
Vacation Leave. . . . . . . . . . , . . . . . . . . .. ......... 26
SJ.ck Leave..... . . . . . . . . . , . . . . . . . . . . .. ....... 27
Leave of Absence Wlthout Pay...... .., 27
MJ.IJ.tary Leave. .................. 27
Jury Duty. . . . . . . . . . . . . . 28
Workers' Compensation Leave ......... ... 28
Parental Leave..."... ....,....,.. 29
Bereavement Leave...." .....................,. 30
Urgent Personal Leave...,.....,....,. ..,.... 30
UnclassJ.fied Leave ........,..... 31
Family Leave..... .,.. . ., .. 31
ARTICLE V. WORKING CONDITIONS
5 01:
5,02:
5.03'
5.04'
5:05
Safety. , . . . . . . . . . . . . . . . . . 33
Employee Parking,...., ....,.,....,...,.., 33
Performance Evaluations. ..... ....... 33
Work Schedules. . . . . . . . . . , . . . . . . . . .. .,........ 35
Employment SeparatJ.ons.. ........,.... ..... ... 36
ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01'
6.02.
6.03
6 04:
6 05:
Payroll Deductlons... ..' ,.... 37
Reasonable NotJ.ce.. . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
GrJ.evance and Complaint PolJ.cy .... ... .... 37
TJ.me Off for NegotlatJ.ons....,' ..... ... .... 38
Successors. . . . . . . . . . . . . . . . .. ...... 39
2
PUPL:C ATTO~~EYS' LEGAL SU?PORT STAFF UNION
ARTICLE I. GENERAL PROVISIONS
1 01. Parties to Memo~andum
Th~s Memorandum of Understanding (MOD) has been prepared
Dursuant to the terms of Ordinance No. 801 (eeS) of the
City of Santa Monlca, which Ord~nance ~s hereby
~ncorporated by reference as ~f fully set forth here~n,
and has been executed by the e~ty Manager on behalf of
management off~clals of the e~ty and by the Publ~c
Attorneys' Legal Support Staff Un~on s~gnatory hereto who
occupy the full-tlme Job classlflcatlons set forth ~n
Bectlon 1 05.
1. 02
Purpose
The partles agree that the purpose of this MOU ~s to
promote and provlde harmonlOUS relat~ons, cooperatlon and
understandlng between the C~ty and the employees covered
hereln, to prov~de an orderly and equltable means of
resolvlng differences which may arise under th~s MOU, and
to set forth the full agreements of the parties reached
as a result of meetlng and conferring 1n good falth
regarding matters w1th1n the scope of representation for
employees covered hereln.
1.03.
Term of Aoreement
This Agreement shall be effective as of July 1, ~ 1997
and shall remaln ln full force and effect until
June 30, 1997 1998 It shall be automatically renewed
from year to year thereafter unless elther party notifles
the other ln wrltlng not later than March 1, 19971998(or
ln the event of an automatlc renewal, March 1 of the
following year) that it deslres to terminate or modify
thlS Agreement and speclflcally lndlcates requested
modlflcatlons. In the event such notlce is given,
negotiations shall begln no later than April 15 with a
signed contract deslred by July 1.
1,04.
City Council Approv~l
It lS I however, the mutual understand1.ng of all the
parties hereto that such Memorandum of Understand1.ng lS
3
1. 05
~ 06.
1.07.
of no force or effec~ whatsoever unless or unt~l rat~:~ed
and approved by che C~ty Council of the C~ty 0= Sa~~a
MonJ..ca.
Recoqnlzed Emnlovee Assoc~at~on Name
The Publ~c Attorneys' Legal Support Staff Un~on (PALSSU)
~s hereby acknowledged as the Recogn~zed Employee
Organ~zation. pursuant to Sect~on 3.04(c) of Ord~nance
No. 801 (CCS) , representing the job classif~catlons of:
Commu~~ty Lia~son
Consumer Affairs Special1st
Legal Admlnlstratlve Staff Assistant
Legal ASslstant
Legal Secretary
Office Administrator
Paralegal
It is the mutual understanding of the part~es hereto that
acknowledgment of PALSSU:
A. Does not preclude employees In such Job
class~f~catlons from represent~ng themselves
indlvldually in the~r employment relations wlth the
City;
B Does not preclude or restrlct the rlght of
management offlcials to meet and consult wlth
employees In such Job classiflcatlons concernlng
the~r employment relat~ons w~th the Clty.
Scone of Renresentat~on
The scope of representatlon of the Recogn~zed Employee
Organlzatlon shall lnclude all matters relatlng to
employment conditlons and employer-employee relatlons
lncluding but not llmlted to wages, hours, and other
terms and condltlons of employment, except, however, that
the scope of representation shall not lnclude
conslderatlon of the mer~ts, necessity, or organlzatlon
of any serVlce or activlty provided by law or executive
order and shall be exercised or performed in compllance
with the provlslons of Ordlnance No. 801 (eeS)
Full Understandlno. Modiflcatlon and Walver
The parties agree that each has had full and unrestricted
right and opportunlty to make, advance, and discuss all
matters properly withln the scope of representatlon as
outllned in Sect~on 2 05 of Ordlnance No. 801 (CCS) ,
This MOU constltutes the full and complete agreement of
the partles and there are no others, oral or wrltten,
4
1.08.
1.09.
except as speclfled ~n thlS Agreemenc. Each par~y, for
the term of thlS MOD, spec~flcally waives the r:ght to
demand or petltlon for changes hereln, whether or no~ the
sub] ects were known to t.he partles at the t lme of
executlon hereof as proper subJects w~thln the scope of
representatlon as outllned lD SectloD 2.05 of OrdlDance
No. 801 (CCS)
Manaaement Rlohts Reserved
- -
The Clty retalns all rlghts not speclflcally delegated by
thlS Agreement, lncludlng, but Dot llmlted to the
exclus~ve right to:
dlrect, supervise,
dlsclpllne, d~scharge,
and retalD employees,
hire, promote,
transfer, asslgn,
suspend,
schedule,
rel~eve employees from duties because of lack of
work or funds, or under condit~ons where contlnued
work would be lnefficlent or nonproductlve;
determine serVlces to be rendered, operations to be
performed, utillzatlon of technology, and overall
budgetary mattersj
determlne the overall misslon of the unit of
government;
ma~ntaln and ~mprove the efflclency and
effectlveness of government operatlons,
take any necessary actlons to carry out the m~ssion
of an agency lD Sltuatlons of emergencYj and
take whatever other actions may be necessary to
carry out the wishes of the publ~c not otherwise
spec~fled above or by collective agreement.
Any grievance wlth respect to the reasonableness of the
applicatlon of the above management r~ghts shall be sub-
Ject to the grievance procedure contalned ~n Section
6,03, herein.
Peaceful Performance of City Services
It is mutually understood and agreed that partic~pat~on
by any employee ~n a strike or a concerted work stoppage
termlnates the employment relatlonshlp ln the absence of
spec~flc wrltten walver of such terminatlon by an
author~zed management off~clal
5
1.10.
A. It ~s further understood and agreed thac none of
the part1es hereto will partj..c1pate :.r. or
encourage, ass~st or condone any str:.ke, co~certed
work stoppage, cesSat10n of work, slow-down, Sl~-
down, stay-away, 1.1legal p1.Cketlng or any other
11legal forro of 1nterference w1th or Ilmltat10n of
the peaceful performance of Clty serVlces.
B In the event that there occurs any strlke,
concerted work stoppage, cessation of work, slow-
down, slt-down, stay-away, illegal p1cket1ng or any
other lllegal form of lnterference wlth or
limltat10n of the peaceful performance of Clty
serVlces, the Clty, 1n addlt10n to any other lawful
remedles or dlscipllnary actlons, may by actlon of
the Clty Manager cancel any or all payroll
deductlons, proh1bit the use of bulletin boards,
prohiblt the use of Clty facllit1es, and proh1b1t
access to former work or duty stat1ons.
C. The protect1on of the public health, safety and
welfare demands that nelther the employees nor any
person actlng 1n concert w1.th them, w1ll cause,
sanctlon, or take part ln any strike, walkout, Slt-
down, slow-down, stoppage of work, 11legal
picketing, retarding of work, abnormal absentee1sm,
wlthhold1ng of serv~ces, or any other ~llegal
~nterference w~ th the normal work rout1ne. The
prov1sions of this Art1cle shall apply for the same
term as th1S Agreement, or during any renewal or
extens~on thereof. Vlolatlon of any provlsion of
thlS MOU by the partles shall be cause to termlnate
thlS Agreement, In add~t1on to whatever other
remed1es may be ava1lable at law or In equ1ty.
D The City agrees that there shall be no general
lockout of employees covered here1n. The parties
agree to exerC1se good fa1th In complYlng w1th all
the terms and condit1ons of this MOV
Valid1ty of MOU
If any provision of this MOU is determined to be 1nval1d
or illegal by a court of competent jurisdiction, then
such provlsion shall be severed from thls MOU, but the
rema1nder hereof shall remain 1n full force and effect.
The parties hereto shall lmmediately commence to, in good
falth. negotiate for the purpose of replacing any such
1nvalid or lllegal provision.
Should any change be made 1n any Federal or State law, or
1n any rules and regulat~ons lmplementlng such
6
'::".11.
1.12
1.13.
~eg1slat1on, or 1D any Cl~y Charter prov1slon wn1cr. would
be appl1cable and cont~a~y to any provls1on here~n
conta:.ned, ::hen such p~ov1s1on of thlS MOD slLall be
automatlcally termlnated, Dut ~he remalnder of th1S MOU
shall rema1n 1n full force and effect Such leg1slatlor.
and/or rules and regulatlons shall supersede thlS MOD and
appllcable clauses shall be substltuted for those ruled
lDvalid or 11legal. The parties hereto shall 1mmedlately
commence to negotlate for the purpose of replac1ng any
such lDvalld or 111egal provlslon.
Cantlons for Conven1ence
The capt10ns herein are for convenlence only and are not
a part of the MOD and do not in any way 11m1t, deflne, or
ampllfy the ter~s and prOV1S1ons hereof
EQual Employment
It lS agreed by the part1es to this MOD that they wlll
fully comply wlth all appllcable local, State and Federal
laws, rules and regulations prohlblting discrlffi1natlon
and govern1ng equal employment opportuD1ty The
Aff1rmatlve Actlon Program and the Sexual Harassment
POllCY of the Clty of Santa Monica are afflrmed by the
part1es to th1S MOD and 1ncorporated by reference here1n
Both partles agree to ablde by the requirements of the
Amerlcans wlth Dlsab1l1t1es Act (ADA).
Every City employee 15 expected to respect the dlgnlty of
every other C~ty employee and to refrain from any
actlons, includ1ng the use of slurs or Jokes regardlng
sex, age, race, natlonal or1gln, rellg1on, d~sab1llty, or
sexual preference/or1entatlon which could be construed as
harassment Harassment of fellow employees lS a
violat~on of C1ty policy No employment declsion shall
be based on an employee's submisslon to or reject10n of
such conduct.
Deflnit10ns
The following def1nlt1ons are to be applied to the ~nter-
pretatlon of this MOD:
A. "Salary Rangelt shall mean the hourly or monthly pay
scale (and the b1-weekly equivalent) ass1gned to
each employment pos~tlon classif~cat1on covered
herein.
B ItNearest Dollar" shall mean the next lower dollar
~n a monthly rate when the computed amount ~s 50
cents or less and the next higher dollar when the
computed amount 1S 51 cents or more.
7
C. "Llne-Item POS1::lO~" shall mean a pOSlt~On Whlch 15
(al speclf~ca~:y lterrized ln the personnel sched~le
0f the annual b~dge:: of the Cl::Y of Sa~ta MO~lca
and (b) eliglole to accumulate frlnge beneflts lTI
proporclon to the percentage of the full-tlme work
week.
D. "Permanent Employee" shall mean:
(1) A person who ~s legally an lncumbent of a
11ne-iteM pos1t1on, full or part time; or
(2) A for~er legal lncumbent of a line-ltem
posltlon on authorized leave of absence from a
regularly budgeted posit1on WhlCh posltlon 15
held pendlng the employee's return.
E "Date of Entrance Ann1versary" shall mean the date
whlch recurs annually after the date of entry lnto
a llne-ltem posltion in the unclasslfied serV1ce of
the Clty of Santa Monica, either by orlglnal
employment, re-employment or promotlon. The date
of entrance for employees with broken service shall
be considered as that date on which the last
unbroken serVlce was effective.
F. "Satlsfactory Servicell shall mean the attainment of
an overall performance rating of not less than
"satlsfactory" on the performance report
lmmedlately precedlng the employee's date of
entrance anniversary
G. 'tHours of Work": the full-tlme work week shall be
deflned as forty (40) hours.
(1) Incumbents of Job poslt~ons employed In a work
week less than that def~ned as the full-tlrne
work week shall be compensated in that
proport~on of the cornpensatlon for full-tlme
employment as the number of hours budgeted for
that pos~t~on bears to the full-tlme work
week: lncumbents of Job positlons employed in
a work week greater than that deflned herelD
shall be compensated for hours ln excess of
the full-time work week on the basis of and lD
accordance w~th the prov~sions of Section 2.03
hereln relating to overtime. Compensation
shall include base salary, deferred
compensatlon and any other bonuses or skill
pays provided by this Agreement,
(2) Incumbents of Job posltions regularly worklng
less than the full-tlme work week shall accrue
pald leave beneflts In the same ratlo as the
average number of hours they work per week is
8
1.14
1. :"5
to the full-tlme work week for the pos~tlon
occup~ed. Other fr~nge benef~ts shall be
prov~ded to payt-tlme employees covered here~~
as 1: they were employed on a full-tlme basls
H nPay StatusH shall mean regularly asslgned work
hours actually performed. In add1tlon, pay status
shall also specif1cally ~nclude pay for tlme not
worked such as s~ck leave, vacatlon, holldays 1
unclasslfled leave, floatlng hollday and Jury duty.
I nWorking Dayn as used 1n the sect~ons of th~s
Agreement pertalTI1ng to vacatlon accrual (Sect~on
4.02) and sick leave accrual (Beetlon 4.03) shall
mean elght (8) hours.
J. "Compressed Work Schedulen shall mean a work
schedule In which a full-tlme employee lS assigned
a total of elghty (80) regularly scheduled work
hours 1n TIlne (9) days in a given two-week (i.e.,
two work weeks) period.
Overpayment Remedy
Employees covered hereln shall relmburse the C~ty any
overpayment of wages or beneflts. Sa~d relmbursement
shall not be required until the City notifles the
affected employee 1n writlng Reunbursement may be
accompl~shed by a lump-sum deduetlon made on the next
subsequent employee payroll warrant followlng overpayment
not~f~cation, or by other reasonable re-payment method,
mutually acceptable to the employee and the Clty, except
that lump-sum deductlon shall be requlred lf the next
subsequent employee payroll warrant is the final or
termination warrant issued to the affected employee.
Pavrnents at Term~nation
When employees covered hereln leave the serVlce of
the Clty of Santa Monlca, they shall be entltled to
lump sum payoff of unused accrued vacat~on days, unused
accrued unclasslfled leave and any unused accrued
compensatory time. No claim shall be made agalnst the
City for the use or payoff of unused slck leave, nor
shall the effectlve date of termlnation be extended by
use of compensatory t~me, slck leave, vacation or
unclasslfied leave days.
9
ARTICLE r:.
COMPENSA'TIOK
2.01.
Effectlve Da~e of Pay Increase
Notwlthstandlng any other provislon contalned
changes ln salary rates and salary related
changes shall become effectlve on the ls~ day
payroll perlod closest to the effectlve date
hereln.
hereHl,
beneflt
of the
stated
2.02
Salaries
Salarles of employees in job classiflcatlons covered
hereln shall be on a monthly rate, pald on a bl-weekly
equivalent basls, In lleu of the bl-weekly equlvalent to
a monthly rate, the City Attorney may flX the
compensatlon of any posltion at an hourly rate. In
posltions for whlch the work week lS forty (40) hours,
the hourly rate shall be determlned by dlvldlng the bl-
weekly rate by elghty (80)
A.
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......U.lJ.bU-lLlC.a... ..t'1...,L..J....Cl.J....L';:::' .::J-t-'C:,"",~CI.....L..J...~l...
L~~Q.}.. r..."'-"-Ui..J.l..1....LCO '-.J.. 0....... J.. v~ v\..a..i:f
Ai;,.o..L;:;' '- a..Ll ~
...~
-?.::J,V:J<.>
....~
-?,J,J":t~
...~
-?.::J,UL.";l;
.... .
..".'"':t:,..J.....;t'"'%
..,.. ;... - - ~
.l..Jt,=,a...l. r\.;:'i::l-L;:;Lo::;lUL
L~SfQl 3<::..:..1..<:: l:.c!uy'
O[[.J...:e AdLlL.J..~J..J..;::,L..L.QLcr
Pa~'al~S:i'Cll
.y-.J, 0 I"'"
....~
~.::J,..LL..J..
$3,090
$3.871
$3,098
.;:t&;t I f O..L..
......." 1"\.....11
.;l..J,<'>-''":t
$3,824
.... .
.;>":t. ' O.J..
$3,824
~ P'P'It_ _ _ _ ., _ _ , ~ ,_ _ .
\J.U<:: ;::'Q.LQ..L.Y .1.ClU';:jCi::l .oUUWH Q},JVv<::
. . I - r ... - _., I \
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L. oil V ~o
_ ." . . ~ _ .L- , _ ~ _ ,_ _ .., _ _ _ ~ r _ . _
\L./ ..1..11<:: ;:'Q.J..Q.1.Y .J..QU~<::;::' ..LV.1. LU<:: JU~ .....J..Clbi::l.J.......J..\..G1.L.J..VUb
_ .., L_ _ ..L..'_ ~ "PI... I ,...
I,.;UV<::..L.<::U ~y LU.J..i::l rl.~..L.<=<::llI<::U'- Qi::l V.1. uu..J...y .J., .J..~~v
"l__'" ___ __ ___,_______.,. ___", ~_.LL __
;:::j".L..&.CI..J....L. J.. t;:;.lLIQ.J..J.J. U.l.J.I."...LJ.-c;:I..L.L=t'l;:;:U ~.L~.L. t:;~o 'C J.. L.J..LC:L !--,a..L. '-- y
1J1"UV..LJ.Cb W.L ,J,..L.Lt::,l.-l J.H.jl:..J..L.C:: L.U t.llC; ui...i-.I.C:.L ,LJ.ul:. l.a~':J..
than ;.jCl.1.-(..l! 1, ..L.~~ ( LUQL .J..L J.';:':'.J...L.<::i::l LV lllvu.it:y
.. ,_ _ _ _ ..... _ r __ _ ., _ _ ~'1_
'-u<:: ;::>a.J..Q..1.Y .l.ClU~I:i::l a;::o v.... ULL.J..Y .J.., .J..~:;1". ","UI:
10
_ ..., _ r _ _ _ _ _ _.
aCl..i..C1.J..:t ~o..,i.l'::::fC;:;' _..........;.. JUJ.J ..........i..C1i:)-i:)..L..L..L......O'_..1......;lJ..::. i-0VC"";"C:-.....l
1..Lt;:1..c:L.....L.1~-=~ .L~._ c~~~(..:.. Q.~ u.c uu.ly- :, :S:36 ;:::1.10.11
_ . _ 1_ _ _-- _ "'": ... r _ I _ _"1_
.L ~il.ia.L"'.J U.l.J......J...I.Cl....l.=tC'U I".i...l,....... c~;::;, 1.i~i....J......J..J.. .,J..\,.....Cl L..._u....l~ aiL C .JlG"'""'.....
- - - ... -
.t-Ju.~ .u-\...ola..L.i.~ i..V
_.: ~ - -- - -
u.... ..:lCi.""..i,.....L'-'.....:.
A.~.LC;e~Ue.L..+:. .
~ VJ
- -
l...lJ.C 'rI'ri.L-.J.. L".. a....t::ll L1V I...,._..L '--'0. io-..LU.1.1 ~-L. V 'Ii .,.L.:J ..L.v...J.
If'T'':. _ _____ ~.,... _ ~. _ ~
'\':'''=.J..ld V.L .M.'::;:j-..L.t;::'=LLl~.LJ.'-} V.J.. LJ...i..Li::lI
A. Aj; ot .;Tune 30. 1997. the salary ran~es for the
positions covered herein are as follows:
Community Liaison
Consumer Affairs SDecialist
L~qal Administrative Staff
Assistant
Leaal Assistant
Legal Secretary
Office Administrator
Paraleaal
S3.098 - S3.824
$3.349 - $4,134
S3.871 - $4.781
S3.121 - $~,854
S3.098 - $3.824
S3.871 - $4,781
$3.098 - $3,824
As of Julv 1. 1997, City contributions into a 457
Dlan on behalf of emolovees covered herein shall be
discontinued. Instead. effective Julv 1. 1997.
each sten of the salary ranaes established for
- --
Dositions covered herein. as set forth above. shall
be increased l;ly an amount equal to the Ci tv's
current contribution into a 457 Dlan on behalf of
each employee. Accordinaly reach steD Qt the
salarY ranae shall be increased bv twenty-five
- -
dollars ($25.00) per month. ~~~ ~-step sala~~~s of
the resultina salarv ranaes shall then be ad;usted
- - - -
bv three oercent {3%}.
- -
B. A g1ven class1fication covered by th1s MOil will be
el~glble to recelve an equlty adJustment provlding
that the compensatlon study conducted by the Clty
of Santa Monlca substantlates the need for an
equity adJustment to brlng the salary range of that
classiflcation ~n llne wlth the mean salary pa1d to
the same classification found in truly comparable
public sector employers. The Clty will be willing
to receive and evaluate any salary comparison data
that PALSSU might want to make avallable regardlng
an equlty adJustment for a given classlf1cat1.on.
Should a compensatlon study lndlcate that a given
Job classlflcatlon lS currently being pald above
the mean salary paid to the same class1ficatlon
11
found ~n truly comparaD~e publlC secto~ employers,
the salary range of that classlflca~lon wlll remal~
unchanged EqUlty adJus':ments descrlbed. hereHl
w~ll be consldered on ar. annua~ basls, elther as a
part of the annual budget process if no MOD
negotlatlons should be occurr~ng durlng the year In
questlon or as a part of the MOD negotlatlons
process should the MOD be up for negot:.atlons
Llke any other salary lncrease, equlty adJustments
wlll be subJect to the approval of City Caunell.
C. The Clty Attorney may hlre employees at a salary
higher than "entry level" based on the experlence
of the indlvldual In exerclslng hls/her
dlscretJ.on, the Clty Attorney will consider all
relevant factors, includlng but not 11ml ted to:
length of exper1.ence, publ1.c sector experlence,
experience wlthln the partlcular fleld (e.g.,
criminal, civl1 lit1gatlon, land use,
adm1.nistrative and supervJ.sory experlence) .
Salaries above entrance level should be based upon
lncrements of 5-7% and shall not exceed the maXlmum
salary provlded for in this Section.
D. Merlt lncreases wJ.thln salary ranges:
Advancement wlthin the range after hlre shall be
based on performance as deternaned pursuant to
Sectlon 5.03 I hereJ.n. SubJ ect to the maXlffium
salary range establJ.shed hereln, employees covered
hereJ.n shall rece~ve, on the date of entrance
annlversary, annual sequentlal step 1ncreases of 5%
for overall Satlsfactory performance, 6% for
overall Above Average performance, and 7% for
overall Outstanding performance ratings on the
reVlew that cOlncJ.des with the anniversary date of
the employee, unless the Clty Attorney speclfles
otherwise, In wrlting, wlth a statement of reasons
ThlS notlflcatJ.on shall be dellvered at least Slxty
(60) days ln advance of the denial of the scheduled
annual step lncrease
E Merit pay for employees at max~mum of range:
An employee who has reached the maximum salary for
his/her posltlon and whose most recent performance
rating is overall ABOVE AVERAGE or better shall be
el~gJ.ble for an annual cash payment of 3-5% of the
annual base salary i the ratlng upon whJ.ch this
payment shall be based shall be the assessment of
the lndJ. vldual conducted ln the preceding year,
pursuant to Section 5 03 herein. For an overall
12
2 03.
OL~ST~uING rac~ng, an employee shal: be e:lg~ble
for an annual cash payme~~ of 6-8% of the a~~ual
:>ase salary, t.he :::-a':.ing upon whJ..ch ":.h.:..s payment
shall be based shall be the assessment of the
lcdivldual conducced 1n che precedlng year,
pursuant to Sect:lcn 5.03 hereJ..n. Sala payments
shall not be consldered base salary in computlng
subsequent salary adJustments, but are subJect to
PERS contrlbutions The bonus payment, lf any,
shall be made wlthln thlrty (30) days of the em-
ployee's ann1versary date and shall be based on the
annual salary in effect on the employee's
annlversary date
Overtlme
Overtime for employees who are regularly asslgned to a
five (5) day, elght (8) hours per day work week, and for
per~anent part time employees who regularly work less
than e1ght (8) hours 1n one day and forty (40) hours 1n
one week shall mean work by employees OccupYlng llne-J..tem
posltlons covered herein ln excess of eJ..ght (8) hours ln
one (1) day or forty (40) hours ln one week, provJ..ded
such hours of work have had the prior approval of an
authorlzed departmental management official. OvertJ..me
for employees regularly assigned to a work day in excess
of eight (8} hours or a work week 1n excess of forty (40)
hours shall mean work ln excess of the regularly
scheduled number of hours 1n one (1) day or lD excess of
the regularly scheduled hours J..n one (1) week, prov1ded
such hours have had the prlor approval of an authorlzed
departmental management off1c1al Except that overtime
for all employees not classlfled as exempt under the
requJ..rements of the Falr Labor Standards Act (FLSA) shall
mean work ln excess of forty (40) hours ln one (1) week,
provlded that such hours of work have had the prlor
approval of an authorlzed departmental management
offlclal Should the Falr Labor Standards Act be amended
to change the deflnltlon of overtlme for said
employee(s), thlS Seetlon shall be amended to reflect
those changes.
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 salary
computed to the nearest one-tenth (0.10) of an hour, ex-
cept that an authorized departmental management official
may grant compensatory tlme off at time and one-half (1-
1/ 2) for such overtime to a maXlmum of forty (40) hours
in any flscal year. Such compensatory tlme off must be
taken off during the fiscal year 1n wh~ch 1t 18 earned
13
2.04.
2 05.
Such t~me shall no~ be taken, howeve~, ~n conJunct~cn
with vacat~on leave
Any compensatory tlme of: no= ta~en off durlng the flscal
year wlll be paid off at the appllcable rate of pay, as
of June 30
Call-Back Pay
Should the Clty call back any full-tlme employee before
or after hls/he= normal worklng hours to perform work,
the Clty shall credlt the employee w~th not less than a
ffilnlmum of two (2) hours of time, regardless of tlme
actually worked as a result of belng called back to work
to perform serv~ces for the Clty.
Call-back shall be defloed as any work not speclflcally
scheduled 10 advance as to tlme and/or place and for
WhlCh a person lS asked to return to the work place after
he/she has left the primary work place.
Bilinaual Compepsation
Qualif~ed employees who meet the crlteria set forth
herelD shall recelve a blllngual sk111 pay of $50.00
per month. To recelve bll~ngual pay the following
criterla must be met:
(1) The employee must be ass1gned to speak or translate
a language 1n addltion to Engllsh. This may
lnclude spec~alized communlcation Skllls such as
Slgn language
(2) An employee must regularly utllize such skills
durlng the course of hls/her dutles or upon request
of Clty management.
(3) To become quallf~ed, an employee must be cert1fled
as qualifled through examinatlon adminlstered by
the Personnel Department.
(4) Recertiflcation of this skill may be required from
time to time through exam1nation admlnistered by
the Personnel Department.
An employee who has not been certif1ed and qual~fied and
is not receiv1ng b1lingual sklll pay will not be requlred
to utlllze thlS Sklll except on an occasional baS1S.
If an employee quallfles for bi11ngual bonus for Spanish
14
2.06.
and 1S requlred to regularly use sald Sk1ll dur1ng wha~
are determ~ned by ~he Personnel Depar~men~ to be
emer3ency or emergency-re:ated sltuat1ons, he/she sha::
rece~ve an add1~lonal $50 00 per monthl for a tota: or
$100.00 per month.
Y-Rat1na
When a personnel act1on, e g., demot1on due to layoff or
reclasslf1cat1onl results 1n the lower1ng of the
1ncurnben:. employee I s salary range 1 the lncumbent
employee's salary may be Y-rated. nY-rating" shall mean
the malntenance of the 1ncumbent employee's salary rate
at the level effect1ve the day preceding the effective
date of the personnel act10n plac1ng the employee 1n a
lower salary range. The employee's salary shall remain
at such level unt1l the salary range of the new
claSS1f1cat1on equals or exceeds the Y-rated salary
15
A..~ T I CLE I I I .
SUPP~EMEN~AL BENE~=TS
3.01
Ret:..rement
The Clty lS a contract member of the Publ~c Employees'
Retlrement System (PERS). and It lS understood and agreed
that such meIT~erShlp wlII be malntalned and that employee
ellglbillty, classlficatlon, contributlons, and beneflts
are as prescrlbed In the contract between the Clty and
PERS heretofore approved by the Santa Monlca Clty
Councll.
The Clty shall pay on behalf of each employee covered by
thlS Agreement an amount equal to 100% of the lndlvldual
employee's share of the requlred retlrement concrlbutlons
to PERS (l.e., 7% of the employee's "compensatlon" as
deflned by law) .
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 wlII not treat these
payments as ordinary lncorne and, thus, w~ll not wlthhold
Federal or State lncome tax therefrom The Clty'S prac-
tlce will be to report these payments as belng those of
the employees so that they will be credlted to the par-
tlcular employee's lndlvldual account wlth PERS and upon
termlnatlon wlIl belong to the employee
It lS agreed that If State and/or Federal procedures re-
qUlre reportlng of these payments in any other manner,
the partles wlll ablde by such requlrements
3.02
Health Insurance Proqrams
A. Medlcal Insurance
Effectlve July 1, ~ 1997, the Clty agrees to pay
up to a maximum of $475.00 per month towards the
cost of medlcal ~nsurance coverage for employees
and ellgible dependents provlded that employees
covered herein partlclpate ln the City-offered
medical lnsurance programs The cost of medical
insurance coverage wlIl be set each July 1st and
wlIl be a "composlte" monthly lnsurance premlum
derived by dlvidlng the total monthly premlum for
all medlcal plans offered by the Clty, except the
PERS PORAe med~cal plans, by the total number of
employees enrolled in sald medical plans as of July
16
1st. Any extra payment requlred unde~ such plans
shall be pald by the employee electlng s~c~
coverage
In the event that the concrlbutlon "cap" does not.
cover the cost of medlcal lnsurance coverage fo~
employees and ellgible dependents, the Clty agrees
to meet and confer wlth PALSSU.
The Cl ty and PALSSU agree that employees should
beneflt from any premlum savlngs whlch accrue from
the 1mplernentat1on of a new health lnsurance
program (Trlple Optlon Plan + Kalser) 1n 1994. The
followlng procedure will be utilized to determlne
savlngs, If any, and, In the event of savlngs, how
sald savlngs will be distributed:
1. The actual med1cal lnsurance premium costs for
1993 for non-safety employees shall be
compared against the City's actual premlum
costs for the new Triple Option Plan + Kalser
for those same employees.
2. If the~e should be any premlum savlngs between
1993 and 1994, each employee's share of the
sav1ngs will be determlned by dlvldlng the
total amount of the savings by the total
number of City employees (non-safety)
partlclpatlng In the City's medical 1nsurance
program Each employee's share of any savlngs
wlll be pald to the employee by no later than
March 1, 1995. Prior to this payment, the
C1ty wlll meet and confer wlth PALSSU and the
other Clty bargalnlng unlts to determlne the
method by whlch sald payment wlll be made
(e.g, lump sum, contrlbutlon to deferred
compensatlon plan, etc.).
In the event the med1cal lnsurance premiums for the
Tr1ple Optlon Plan + Kalser for 1995, and any
subsequent calendar year, should be less than the
actual City medlcal lnsurance prem1ums for 1993,
the sav1ngs wlll be handled In accordance wlth the
same procedure, outllned above, wlth the payment
being made to the employees by no later than March
1 of the following calendar year
B. Dental Insurance
Dental lnsurance coverage shall be provlded at no
cost to employees and thelr ellgible dependents
provided that employees covered herein partlcipate
1n the Clty-offered dental lnsurance programs.
17
3_03.
C. VlSlon Insurance
The Cl~Y agrees to provlde V~Slon care lnsurance,
at no cost, to employees covered hereln. The Clty
retalns the rlght ~o select the provide~ and to set
the levels of coverage for sald VlSlon care
2nsurance plan. The Clty also retalDS the rlght to
change the provlder of sald vislon lnsurance plan
and/or the level of beneflts provlded under the
plan wlthout meetlng and conrerrlng.
TUltlon Relmburse~ent
It lS agreed that the City w2ll budget annually an amount
equal to $10.00 per employee 2n the approprlate unlt for
tUltlon and required study material for career
lmprovement study approved by authorlzed management
officlals. Payment shall equal the total cost of tUltlon
(exclusive of lodging and meals) and the total cost of
required study materlals, provlded, however, that:
A Enrollment In the career lmprovement study course
shall be approved In advance by an authorlzed
management offlclali
B_ The study course must be dlrected to quallficatlon
for employment in a posltion represented 1n the
Clty work fo~cei
C. The employee must exhlblt some reasonable
expectatlon of qualifYlng for such posltion upon
successful completion of the study course,
D Re1mbursement shall be made only in lump-sum
payments upon successful completion of the
prescr1bed units of study requlred by study course
approved;
E. In no event shall the Clty IS relmbursement be
reduced when there is an outside source of ald
except 1n those cases where the ald from the
outslde source (5) plus the normal City
relmbursement exceeds the cost of tUltlon and study
materlal for the approved study course,
F. If approved tuitlon reimbursement costs exceed the
budgeted amount as descr1bed above, the costs will
be prorated so as not to exceed the budgeted
amount.
G. The maXlmum annual amount of reimbursement per
indlvidual employee shall not exceed $1,000.00,
18
3,04,
3.05.
3.06
Mlleaae Relmbu~seme~~ and E~erav Conservatlo~
Reimbursement to employees for autho~~zed use of personal
automoblles on C~ty buslness shall be at the rate es-
Labllshed by the Clty Councll
Santa Monlca Municlpal Bus Llne tokens, to a maXlmum of
thirty (30) tokens per month, wlll be provlded to any e~-
ployee covered hereln w~o submlts, on the Clty mlleage
relmbursement form, a record of hls/her trlps (home to
work site or work slte to home) during the preceding
month. The Santa Monica Munlclpal Bus Llne route number
and the bus number used for each trlp must be entered on
the mlleage relmbursement form.
~~y employee who has not been lssued a Clty parking
or who voluntarlly turns ln his/her parklng pass,
be ellglble to recelve flfty (50) tokens per month
the terms descrlbed above.
pass,
shal:
under
Deferred Comoensatlon
"T"..L.. _ 1 1 _ _ _., L ~_ _ L-'" _ _ _ ., 1 .. _ _ __
-i-L".. ..L~ lJ.C~'=J...,I'y Cl':j.L.Ce:U .......JJ.QL.. ~Hi~..L.U'yC::C::.::J ......vv"=-.l..~U .L..lC.L'C..L.L.L W~~...L. oUt::
u~.c6.L-'::::..:l po.i-L..L'-..L1JClL...J..U.L~ ':ll t.l-.LC:: C.Ll..j. 6 dt=['C.L-i"e::d ......Ulll~C:i-J.~Cl~.L0.LL
plc..J...L.. 71lc C..L.:....:t ~~.i::..l ,"-0.LJ.~.i-i~u.L,= Lv Ll".Lc iJlCii-... ~lJ.c o.i-~-~0ui-l~
I , , L.. _ .......,_, ___
L..L.1.t::: J:JCl..L ........LI.-.J..,t.JC1L-..L.L.1.y 'CUL.,tJ..LUYC'C- ..L.':;' ............,.11.1.-.1.. ..I-..LJu........J..J..l~ L..V '-..1.1.'C::: ~..La.1J. UJ..L
,_ _. J ,. _. ..._ ,_ _., r- 1. L- ~ _, _.,., . _ . _, .
J.l.J..o/ .llt::::J.. J..)'t;:.1.1CL..1...L I uu...... .1..1.. .1.iV t;: v'C:aJ.L ~J.J.Cl~..1.. .::>Cl.LU c:1.LLl\..JU.lll- .1..JC
, - - ,., ......."....... .... - - -- -'- \- -, ,.&" - - - - - -- - - -'- ,-
..Lt;:,;:,~ ~.L..I.c..J.J. .y.J.\.....vv t-lt:::::..L. LLh..J.1.ll..J..l l.lU.J.. 'CA....c:C.U --?.:::..) UU 1-lc...L LUUJ,.1L,.ll
_ _ .L- ' _ _ __ _ , _ _ _ _ _
1-''='-l. 1-'0..1.. L......c.....1-'o.L.......U':;:j '='HI1-'.J..'-'l'=''=''
The Citv shall establish and maintain a deferred
com~ensation ~lan ~ursuant to the ~rovisions of Section
457 of the Internal Revenue Code of ~986. a~ amend~dr
Each emDlovee covered herein. at his or her sole
discretion. may defer and have deposited into the City'~
457 plan a portion of his or her compensation up to the
maximum amount 'Dermitted bv law. The citv-Daid
- - -
contribution of twenty-five Qollars ($25.00)n~~ month on
behalf of each employee cove~ed heretn into th~ ~efer~ed
com'Densation Dlan shall be discontinued as of
- -
June 30. 1997. Anv contributions made into the 457 'Dlan
on or after Julv 1. 1997 will be considered to be
emnlovee contributions.
Lana Term Dlsablllty Insuranc~
The City agrees to malntain a long term disability
insurance plan for permanent employees covered hereunder
at no cost to the employee. The long term dlsabillty
insurance beneflts wlll be equal to 60% of either the
employee's base salary or $6,667.00 per month, whichever
19
3 07
3.0.:r.a.
amount ~s less, reduced DY the employee's lncome =~om
other SO'...lrces
State D~sab~l~~y Insurar.ce
At the earllest date poss~ble follow~ng executlon of thlS
Agreement by both part~es, the Clty shall ~mplement State
Dlsabillty Insurance coverage for employees covered
hereln Sa~d coverage shall be at employee expense and
will be pald th~ough payroll deductlon
Slck Leave Buv Back
Each employee has the annual option to be paid for
certaln unused slck leave on the terms noted below or to
"bank" unused s~ck leave days
Payment at the employee's base salary for the fiscal year
during which the s~ck 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 flscal year To qualify for payment, an employee
must have a sick leave "bank" of six (6) days. For
purposes of thl.s Sectlon, It bank It shall mean slck leave
earned ln prlor years and reported l.n the "Sick Leave
Balance Brought Forward from PrJ.or Contract Year" colunm
of the ItVacation, S~ck Leave and Compensatory T~me"
report issued by the Finance Department at the beginnlng
of the flscal year durlng which payable sick leave l8
earned.
Annual sick leave payoffs under thls Sectlon for
employees wlth less than ten (10) years of serVlce shall
be made accordlng to the followlng schedule.
sick Leave Days Used
In the Flscal Year
Slck Leave Days Payable
~t Flscal year End
o
l
2
3
4
5
6 or more
6
5
4
3
2
1
o
20
Annual slck leave payoffs under thlS Sec~~on =c~
employees wlth ten (:0) or more years of seYV~ce shall be
made accoralng to the follow~ng schedule:
S~ck Leave Days Used
In the Flscal Year
S~ck Leave Days Payable
At Flscal Year End
o
1
2
3
4
5
6
7
8
9
10
11
12 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the part~es that the use
of Code 40 or other tlme off not appropr1ately scheduled
~n advance will disqual1fy an employee from ellg1blllty
for payment under th1S Sect~on. There will be an
exceptlon to th1S MOU prOV1S1on for employees covered
hereunder who work a compressed work schedule. Employees
asslgned to work a compressed work schedule will be
allowed to use Code 40 or other paid leave t1me,
includ1ng vacatlon, compensatory time, or unclaSS1f1ed
leave, to supplement the e1ght (8) hours of pald slck
leave ln order to receive a full day's pay for a sick
day. The use of Code 40 or other paid leave tlme in thlS
manner by an employee asslgned to a compressed work
schedule will not d1squalify the employee from belng
ellgible for the sick leave buy-back.
S~ck leave for which payoff 15 rece~ved shall be
consldered "used" 1n that 1t will not be added to the
"bank" (or 1f added to the "bank" pr10r to the payoff
date shall be removed from the "bank")
Such payment shall be proratea only for employees taklng
service retirement dur1ng the contract year or for new
employees on the payroll as of June 30 of any covered
contract year.
21
ARTICLE IV LEAVES
4.01, Pald Holldays
Employees covered hereln shall recelve palo hclldays as
hereinafter provlded.
+ L""'l::JJ..L.. u.o....i..:f ,J.."",
.Thlrd Monday ln February
,Last Monday in May
.July 4
. . . , .First Monday in September
.Fourth Thursday ln
November
The Frlday followlng Thanksglving
The half day lmmediately before Chrlstmas Day
Christmas Day. . . . . .December 25
The half day lmmedlately before New Yearts Day
One (ll non-cashable floatina holiday
- -
One (1) cashable floatlng hollday
All other holidays declared by City Caunell
New Year's Day. . .
Martln Luther King's Blrthday.
_ _ _ ... __ I _ ...... _ _ L- "'-_ _, _ _ _
L~J.J.."-U..L..L.L ;:> cl....;... l,................a..}" .
Washlngton's Bir~hday.
Memorlal Day
Independence Day
Labor Day. .
Thanksglvlng Day .
.January 1
.Thlrd Monday In January
~ ~---
Whenever any day llsted herein as a paid hollday falls
upon the flrst or second day off of any employee who has
two (2) consecutive days off, the day preceding shall be
deemed the hollday lf it falls on the flrst day off, and
the day followlng shall be deemed the holiday lf it falls
on the second day off ln lleu of the day listed.
Whenever any day Ilsted hereln 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 employee.
Tlme worked on an authorized paid hollday, shall be
compensated at stralght tlme at the hourly rate
equ1valent to the monthly salary plus the regular hollday
pay.
Employees in D1vislons observ1ng dlfferent hol1day
schedules shall, 1n lleu of the holidays 11sted above,
recelve holldays enJoyed by other operating employees in
that particular Div1s1on; provlded, however, that the
same number of hol1days [twelve (12) days] shall be
observed.
The cashable float~ng hol~day 18 accrued by employees on
pay status on July 1 of each year, A cashable floatlng
holiday not taken by the end of the fiscal year shall be
paid to the employee on the f1nal paycheck at fiscal year
22
4 02.
4 03.
end A cashable floatlng hollday WhlCr. ~s cashed out at
the end of ~he flscal year shall be paid ln an amount
e~Jal ~o elght (8) hou~s a~ the employee's s~ralght-tlne
base salary ra~e of pay.
A non-cashable floating holiday becomes available as of
Januarv 1. Onlv those emclovees who are on the oavroll
- - - -
as of Januarv 1 shall be entitled to receive the non-
~ashable floatina holiday for that fiscal year. The non-
cashable floatina holiday must be taken before the end of
the fiscal Year. If the non-cashable floatina holiday is
- -
;1ot taken by the end of the fiscal year. the holiday
cannot be cashed out and is forfeited.
Vacatlon Leave
Employees covered hereln shall accrue vacatlon leave wlth
pay on the following basls'
A. Followlng completlon of the first SlX (6) calendar
months or cont~nuous servlce, six (6) worklng days,
B. Thereafter, up to and lncludlng flve (5) completed
years of servlce, one (1) working day for each
completed calendar month of serVlce.
C. Thereafter, up to and lncludlng ten (10) completed
years of serVlce, one and one-fourth (1.25) worklng
days for each completed calendar month of service.
D. Thereafter, up to and lncludlng flfteen (15) years
of serVlce, one and one-half (1 5) worklng days for
each completed calendar month of service.
E. Upon completlon of fifteen (15) years of serVlce
and thereafte=, one and three-fourths (1.75)
working days for each completed calendar month of
serVlce.
F. The admlnlstratlon or applicatlon of vacatlon leave
prOV1Slons and the llmltations on the accumulation,
proportlonate accumulatlon, schedullng and payment
for such leave shall be as prescrlbed In the C1V1I
Servlce provlslons of the Santa Monlca Municipal
Code except that maXlmum accrual of vacation shall
be forty (40) days.
Sick Leave
Employees covered hereln shall accrue six (6) days of
sick leave following six (6) months of contlnuous
service. Thereafter, one (l) day shall be accrued for
each completed calendar month of servlce. There shall be
23
4.04
4.05.
4.06.
nc llIDlt on the number of days acc~ued except as provlded
~n Sec~lon 3 07 (Sick Leave Buy Back) of thls Agree~ent
Leave of Absence W~thout Pay
An employee may be granted a leave of absence without pay
upon appllcation approved by the City Attorney and the
Clty Manager. Such leave may not exceed one (1) year's
tlme. Upon expiration of the leave, the employee shall
be relnstated to the posltlon held before the leave was
granted, Such leave shall be gran~ed only In those cases
where an employee's record of servlce and qualiflcatlons
make It deslrable for the City to retaln hls/her servlces
even at the cost of some ~nconVenlence to the Clty.
Mllltary Leave
An employee covered herein who in tlIDe of war or national
emergency as proclaimed by the Presldent of the Dnlted
States or the Congress of the United States, or whlle any
natlonal conscriptlon act is in effect, lS lnducted lnto
the armed forces of the United States or who leaves
employment wlth the Clty to enter voluntarlly the armed
forces and withln a reasonable time after leavlng hls/her
employment wlth the Clty does enter such service, shall
be granted a leave of absence without pay for the
duration of the perlod of active service wlth such armed
forces. If such employee recelves an honorable dlscharge
or lts e~Jlvalent and the posltion still eXlsts and the
employee OLherWlse lS qualifled to flll the same, the
employee shall have a rlgh~ to return to the posltion
wlch the Clty wlthin SlX (6) months after the termlnatlon
of such actlve serVlce but shall not have a rlght to so
return late~ than SlX (6) months after the end of the war
or after the elme the Presldent or Congress proclalms the
natlonal emergency lS termlnated, or after the eXplratlon
of the natlonal conscrlptlon act. Such an employee shall
recelve senlorlty and other credits on the same basis as
though the employee had remalned ln Clty servlce and had
not taken such mllltary leave. Leaves of absence wlth
pay for temporary mllltary duty shall be granted in
accordance with applicable State law.
Jury Duty
Employees covered hereln, when duly called to serve on
any Jury and when unable to be excused therefrom, shall
recelve the regular base compensatlon less all jury fees
recelved excludlng mlleage for the time requlred to be
spent under the jurlsdlction of the court provlded that
an lndivldual employee wlll be so paid for Jury serVlce
24
4.07
4, 08.
nc rno~e than ten (10) days once every cwo (2} years ane
shall make every effort to cooperate wlth any request by
the C~ty Attorney or hls/her aeslgnee to request a delay
in Jury service to accommodate lmportan~ department work
ln progress. Each employee recelvlng a nO~lce ~o report
for Jury serVlce shall immedlately notlfy ~is/her
lmmediate supervlsor.
Whenever dally Jury duty schedullng permlts, employees
shall return to the~r regular dally Job asslgnment to
complete thelr regular dally work hours.
Workers' ComDensation Leave
Any employee occupying an employment classiflcatlon
covered herein shall be ellgible to recelve dlsablllty
payments under the Workers' Compensatlon Act of
Callfornla as specifled hereln: The employee shall
recelve the dlfference between the dlsabllity payments
under the Workers' Compensatlon Act and full salary for
the first Slxty (60) days of such disablllty; however,
the flrst two (2) days of thlS sixty (60) day perlod
shall be wlthout salary.
Parental Leave
A. Female Employees
Female employees shall be entltled to a leave of
absence totallng elther 1) four (4) months
lmmedlately followlng the Chlld's blrth or adoptlon
lf the child lS under the age of three {3}; or 2}
two (2) months lmmedlately followlng the adoptlon
of a chlld between the ages of three (3) to seven
(7); or 3} one (1) month immedlately followlng the
adoption of a chlld age elght (8) to twelve (12).
The employee shall be returned to the same job
classificatlon occupled prlar to the leave upon
eXplratlon of the leave, Addltional leave may be
requested under the provlslons of thlS MOU
governing Leaves of Absence Wlthout Pay (Sectlon
4.04) .
Maternity leave lS not the same as parental leave
and shall be administered in accordance wlth State
and Federal law
B. Male Employees:
Male employees shall be entltled to the same leave
of absence as female employees (see above) provlded
25
4.09.
he can demonstrate that he has pY~mary
respons~bll;.. ty for the care of a new ch~lci who
~equ~res consta~t parental superv~slon. :f a male
does not have the prlmary responslblllty for the
care of the new Chlld, he wlll be entltled to
parental leave for the 1) flrst forty-f~ve (45)
calendar days following the blrth or adopt~on of a
ch~ld under age three (3); or 2) flrst thlrty {30}
calendar days lmmed~ately following the adopt~on of
a child age three (3} to seven (7); or 3) flrst
fifteen (15) calendar days lmmed1.ately followlng
the adoption of a child age elght (8) to twelve
(12). The employee shall be returned to the same
Job class1.f1.cation occup~ed prlor to the leave upon
expiration of the leave. Addltlonal leave may be
requested under the prov~s1.ons of th~s MOU
governing Leaves of Absence Wlthout Pay (Sect~on
4.04) .
C For el ther male or female employees, leaves of
absence will be granted in length greater than
outllned above if required by an adoptlon agency.
However, l.n no case shall sald leave exceed a total
of one (1) year.
D. Prlffi.;3.J;Y Responsibility shall be defined as: The
employee's spouse 1S medically 1ncapacitated, or
the spouse 1S galnfully employed dur~ng hours the
employee 15 normally scheduled to work and no
schedule change for the employee or spouse 1.S
posslble, or by demonstrating other extraordinary
circumstances (such as adopt1on of a disabled ch1.1d
who requ~res constant parental superv1sion) .
Bereavement Leave
Bereavement leave not exceedlng flve (5) worklng days
with pay shall be granted to employees covered herein due
to death of a member of the employee's lmmedlate famlly.
Immediate family shall mean spouse, child, brother,
slster, parent, parent-1n-law, grandparent, grandchild,
step-parent, step-brother, step-sister, son-in-law,
daughter-in-law, sister-in-law, brother-in-law, spouse of
child, spouse of step-child, sten-narent of s~ouse,
uncle, gynt, niec~ and nephew. In addltion, bereavement
leave not exceedlng flve (5) worklng days with pay shall
be granted to employees covered hereln due to the death
of any member of the employee's household.
26
4.10
4 11.
4 12.
Uroent Personal Leave
Two '2) days of slck leave each flscal year may be used
for urgent personal matters that could not be postponed
to a subsequen~ t.1me. ThJ..s leave shall be charged
agalnst accrued slck leave, If any. ThlS leave shall be
granted in units of not less than two (2) hours, and only
lf accrued sick leave lS avallable. This leave shall not
be accruable from year to year lf not used ln any glver.
year,
Unclasslflect Leave
A pald unclasslfled leave day shall mean elght (8) hours
at the employee's stra1ght-t1me base salary rate of pay.
As recognltlon of the lack of Clvil Service protection
afforded to employees covered hereln, the City agrees to
grant to each employee who ma1ntalns overall performance
ratlngs of SATISFACTORY or better. four (4) unclasslfled
leave days off wlth pay per contract year for employees
wlth less than ten (10) years of serVlce and five (5)
unclasslfled leave days off with pay per contract year
for employees wi~h ten (10) or more years of service.
UnclasSlf1ed leave days shall be earned in 1ncrements of
one (I) day effective at the close of each three (3)
month perlod, wlth two (2) days earned at the end of the
fourth three (3) month period for employees with ten (10)
or more years of serVlce New employees may not take
thelr first day untll the second performance ratlng has
been glven wlth a ratlng of SATISFACTORY or better.
Payment equlvalent to the employee's base salary not to
exceed the equlvalent of four (4) days [or flve (5) days
10 the case of those employees with ten (10) or more
years of serv1ce] shall be automatically payable to the
employee for unused days at the end of the fiscal year in
WhlCh they are earned; any remalning unused days shall be
forfelted. If the employee does not wlsh to be paid off,
he/she must notlfy hls/her supervlsor 1n writlng by June
15th that he/ she wlshes to take the day(s); however,
sald day(s) must be taken by July 30th or be forfelted.
Family Leave
The City hereby agrees to implement family and medical
leave in accordance wlth the Callfornla Family Rights Act
(CFRA) and the federal Family and Med1cal Leave Act
(FMLA) for all employees covered herein, These statutes
shall supersede and be ~mplemented ~n l~eu of any
contract language or Clty pol1cyjpract1ce which provldes
a lesser beneflt.
Before the lssuance of any adminlstrat~ve regulat~ons
pertainlng to leave under the CFRA or FMLA, the City
27
.
ARTICLE V. WORKING CONDITIONS
5.01. Safetv
The Clty shall provlde a reasonably safe and heal~hy
worklng environment In accordance w~th appllcable State
and Federal laws and regulatlons The employees covered
hereJ.n agree that where safety devlces or l~ems of
protect1ve equ1pment are requJ.red or furnlshed, the1r use
shall be mandatory.
5.02.
5mployee Park1ua
It 1S hereby agreed that the City wlll make every effort
to ma1ntain free parklng as lt presently eXlsts for Clty
employees at C1ty faCll1tles. The employees covered by
th1S Agreement recognlze that the CJ.ty must comply w1th
Regulation XV lssued by the A1r Quality Management
Dlstrict (AQMD) and the City's Transportatlon Management
Ordinance. I: the use of posltlve incentlves does not
result lD the City meetlng the compliance requlrements of
AQMD's Regulat10n XV or the C1tyTS Transportatlon
Management Ordinance wlthJ.n one (1) year of the effectlve
date of th1S Agreement, it is understood that the Clty
can lmplement a charge for employee park1ng 1n an effort
to meet those requlrements. In addition, If lt should
become necessary to charge for park1ng during the term of
th1S Agreement ~n order to comply with any other State or
Federal requlrements regardlng transportat1on management,
the CJ.ty can lmplement sald charge However, 1n no event
shall the Clty 1mplement such a charge for parklDg
wlthout meet1ng and conferring w1th PALSSU should any
employee (5) represented by them be subJect to such a
charge.
5 03.
Perfo~ance Evaluat10PS
The oarties hereto aaree that one DUrDOSe of a
oerformance evaluation is to record the accomnlishments
- -
and deficiencies of an emolovee's ;ob oerformance. An
- - --
employee will be aiven notice in adva:p.Cli! of his/her
performance evaluation if there are per;Q~~nce issues
which would result in an overall oerfor.mance ratina of
- -
less than satisfactory. An emolovee covered herein can
- --
request the presence of SQmeone else durinq a Qiscussion
reaardina his/her oerformance.
- - -
In addition. the oerformance evaluation is an oDoortunitv
29
;;
.
for the emolovee and sUDervisor and/or Division Head to
discuss the ~loyee's ;ob perfor.mance as well as his/her
career development and/or aoals within the City: and what
iob i,mprovemf;lnts. if any. shall be achieved by the
employee du~ipg the next evaluation period.
The Division Head of each DlvlSlon shall evaluate in
wrltlng the performance of employees In thelr respectlve
dlvisions and all new employees hired subsequent to the
effect~ve date of thls Agreement Such evaluatlon wlll
be submltted to and approved by the City Attorney unless
the Clty Attorney provldes a written explanation to the
affected employee as to why the Clty Attorney dlsagrees
with the D1V1Slon Head's evaluatlon, Those employees who
are covered herel.n, but who are not members of any
dlvislon 1n the City Attorney's Offlce, wlll be evaluated
by the City Attorney. All employees wlll be glven
reasonable opportunlty to dlSCUSS said evaluatlons wlth
the evaluator. The evaluations wlll be performed on the
following basl.s:
(a) Once at the concluslon of the flrst three (3)
months of employment
(b) Once at the conclusion of the flrst SlX (6) months
of employment.
(c) Once at the conclusl.on of the flrst year of
employment.
(d) Once every year thereafter, wlth sald performance
evaluatlons to be due three (3) weeks pY10r to the
employee's annlversary date with the Clty.
(e) Whenever an employee I s performance substantially
declines.
If the Clty Attorney, or the Divls10n Head, falls to
conduct a performance evaluatlon on or before lts due
date, the employee shall advise the Clty Attorney ln
wri ting that the evaluatlon lS past due. The City
Attorney, or the Di V1Slon Head, shall complete the
evaluation wlthln ten (10) days of sald written notice
and any merit lncrease t~ed to the evaluatloo shall be
retroactlve to the pay perlod 10 which the evaluation was
originally due.
An employee covered hereln who belleves that the
prescrlbed evaluatlon procedures have not been followed
or that the evaluatlon does not correspond to the facts
should make a wrltten complaint to hls/her supervisor
30
.
5.04
5.05.
wlthlD ~e~ (10) days of recelvlng the perforr.ance
evaluatlon If nc sa::1sfactory response 1S reCelVec.
wlthln flve (5) days of f~llng the complaln~, the
employee should lmmedla::ely forward ~he complalnt to the
Clty Attorney. If no sa::lsfactory response is recelved
withln flve (5) days, the employee shall have the rlght
to subrnlt a wrl::~en rebuttal to the performance
evaluatlon and to have sald rebuttal attached to and
become part of the employee I s permanent performance
evaluatlon.
Work Schedules
In those cases where a permanent employee deslres to
modlfy his/her work schedule to accommodate speclflc work
schedule needs of the employee (e. g., dependent care
arrangements) that do not fall wlthln the normal work
schedule establlshed for the employee's posltlon, the
employee shall submit a request for a work schedule
modiflcation to hls/her Department Head. As long as the
operatlonal needs of the Department and the Clty wlll
stlll be met, upon approval of the Department Head, the
employee's request shall be approved. If lt should be
later determlned that the operational needs of the
Department and the Clty can no longer be met with the
employee's modlfled work schedule, the employee shall
recelve at least thlrty (30) days' notlce that his/her
~odifled work schedule can no longer be contlnued. In
the event that the ewployee cannot change his/her outslde
schedullng need to flt wlthln the regular work schedule
established for hls/her posltlon, the Clty wlll make
every reasonable effort to place sald employee In another
llke posltlon where the employee's speciflc schedullng
needs can be accommodated Whlle nothlng ln thlS Section
requlres that the employee'S modifled work schedule be
granted or that the employee be transferred to a llke
posltlon to meet the employee's outslde schedullng needs,
requests shall not be unreasonably denled.
If an employee's request for a modlfled work schedule lS
denled and If the employee does not agree Wl th the
dec~slon that has been reached, the employee can grleve
such declsion under Sectlon 6.03 (Grlevance and Complalnt
Procedure) of thlS Agreement. Fallure to successfully
transfer an employee under thlS Sectlon will not be
grievable.
Emnlovment Senaratlons
A. Reductlons In Force
PALSSU, and each affected member of PALSSU, shall
be provlded thlrty (30) days' actual, written
notice of any reductlon ln force (1. e, layoff
resultlng from a reductlon of the number of
31
5.06
5.07
.
budgeted permanent posltlons representee ny PALSSC
In the Clty'S Adopted Budget) by the abolltlon cf
any pOSltlO~{S) held by non-temporary employee(s)
No employee shall be termlna~ed pursuant to thlS
prOVlSlon p~lor to the eXpl.ratlon of the notlce
perlod.
Discipline
Eventhouah all emnlovees in the City Attornev's Office
- - -
are exempt from the City's civil service rules, the
Office adheres to the fundamental princinle that
discinline shall be oroaressive. Possible disciplinarY
~ - - -
actions. in order of severity. are as follows: v~rbal
counselinq/warninq: written reprimanc;l: s\'Lspe:p.eion:
demotion: and termination. Anv disciDlinarv action taken
- -
will be dependent UDon the severity of the incident or
- - -
incidents on which the disciplina;-y action is l;>~sed.
VerY serious incidents can result in severe disciDlinarv
- -
action. UP to and includina termination. even thouah
- - -
there has not been any nrior disciplina+y action ~akeu
aaainst that emolovee.
- - -
Personnel Files
The City shall maintain one and only one official
Dersonnel file for each employee covered herein. Said
file shall be kept in the Personnel Department. The City
- -
Attornev's Office can maintain a workina file for each
- -
emolovee covered herein.
An emploYee covered herein shall be entitled to review
the content of his/her official personnel file at
reasonable intervals provided that the emolovee schedules
- - -
an a'OPointment. at least twenty-four (24l hours in
- - -
advance. durina the reaular business hours of the
- -
Personnel Department. No material shall be placed in an
- -
employee's personnel file without havina been shown to
- -
the emnlovee. An emolovee may prepare a written response
- - - - - -
to anY such material and such response shall be filed
w~th the or~ginal materlal.
32
AR~ICLE VI. EMPLOYER/E~pLOYEE RE~~=ONS
6 01.
Pavroll 0eductlons
It 15 mutually understood and agreed that the Clty wl11,
subject to the prOV1Slons of Ordlnance Na. 801 (CCS) and
durlng the term of this MOD, deduct monthly and remlt to
the office or officer deslgnated ln the employee payroll
deductlon authorization any dues, credlt unlOr.
lnvestments or payments, health and hosp1tallzatlon
insurance prem1ums, and life and accldent lnsurance
premlums. Any or all of such payroll deductlons are
subJect to terffilnation by the Clty Manager upon twenty-
four (24) hours notlce for fallure to comply w1th the
prOV1Slons of th1S MOD.
6 02.
Reasonable Notice
It lS mutually understood and agreed that a copy (vla the
Unlted States Postal Serv1ce) of the Clty Councll and/or
Personnel Board agenda for each meeting malled to the
authorized representatlve of the employees covered hereln
shall constltute reasonable wrltten notlce, and notlce of
an opportunlty to meet with such agencles, on all matters
wlthln the scope of representation upon WhlCh the City
Councll or Personnel Board may act.
6 03.
Grlevance and Comolalnt POI1CV
- -
In the event any grlevances, d1sputes, or dlsagreements
arlse concernlng the lnterpretatlon or appllcatlon of the
terms of thlS MOU, such grlevances, dlsputes or
disagreements -- wlth the exceptlon of those complalnts
covered In Sect10n 5.03 (Performance Evaluatlons)
shall be resolved as follows.
A. First SteD. The aggrieved employee (5) 1S
encouraged to meet wlth the lmmediate supervlsor to
discuss the problem In an effort to clarlfy the
problem and to work cooperatlvely toward a
settlement.
B. Second Step. If the matter cannot be
satisfactor11y resolved wlthln thirty (30) days of
the event glvlng rise to the grlevance [or wlthln
thirty (30) days of the tlme that the employee
learned of the event], the employee shall submit
the grlevance In writlng to the City Attorney,
statlng the nature of the grlevance, the speciflc
MOU provislon alleged to be vlolated, and the
des~red solutlon, The City Attorney shall meet
33
6.04
6.05.
w~t.h che gr~evant w~th~n f~ve
follow~ng the presentat~on of
W~th~n f~ve (5) work~ng days
meetlng, the el.~y Att-orney shall
dec~s~on to the gr~evant.
(5) work~na days
the grl.evanee
follow~ng sue!:
glve a wrl.tten
e. Th~rd Step If the grl.evance 1.S not resolved at
the second step, w~th1.n five (5) working days, the
part~es shall cons~der subm~tt~ng sa~d gr~evance to
med~atlon as prov~ded by Ordinance No. 801 (eCS).
If e~ther party cannot agree to med~atlon, w~th~n
f~ve (5} work~ng days the part~es shall then select
a gr~evance board made up of one (1) representatlve
of PALSSU, one (1) representatlve from management,
and a th~rd who shall be a member of the State
Conclliat~on Servlce who shall also act as
chal.rperson, The declslon of the board shall be
bindlng subJect to the approval of the Clty
Counell
Employees shall have the rlght to represent themselves
individually In grlevance matters, or to be accompanled
by a PALSSU representatlve.
Reasonable tlme off without loss of payor benefits shall
be given to a grlevant and/or PALSSU representative to
investlgate and/or process grievances, and to Wl.tnesses
In any gr~evance meetlng or hearing held during working
hours.
Tlme Off for Neaotlatlons
Ind~vlduals covered herel.n shall be afforded reasonable
tlme off Wl th pay to prepare for and conduct
negotlatlons. The authorlzed representative must recelve
prlor permlssion from the City Attorney to use such tlme.
Notwlthstandl.ng the ll.mitatlons in Ord::..nance No. 801
(eeS), PALSSU shall be allowed two (2) representatives at
the negotlatlng table in a pald status, provided that
sald representat~ves shall not be entitled to pay If the
negotlatlng seSSlons fall outslde of thelr normal worklng
schedule,
Successors
Any person hired to a permanent posltlon in the Clty
Attorneyrs Office slmilar to those covered hereln shall
become a party to th~s MOU.
34
.
IN WITNESS WHEREOF, the par~les hereto have caused thlS Memorandu~
of Understandlng to be executed thlS date , 1997
1998.
By:
Public Attorneys' Legal Support
Staff Unlon
Teresa Bransfleld
PALSSU Representative
Mary DeCou
PALSSU Representatlve
Eugenle Jlmenez
PALSSU Representatlve
APPROVED AS TO FORM:
Marsha Jones Moutrle
Clty Attorney
IPALSSU MOU Draft 1997 -98:
35
Clty of San~a MO~lca
John Jalili
Clty Manager
ATTEST:
Clty Clerk
RESOLUTION NO, 9245
(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' LEGAL SUPPORT STAFF UNION
WHEREAS, the City administratIon and representatives of the Public
Attorneys' Legal Support Staff Union have met and conferred under the terms of
Ordmance 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 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 bmdlng unless and until
presented to the governmg body for determination; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and provide harmonious relations, cooperation, and understanding between
the City and the Public Attorneys' legal Support Staff Union;
J
RESOLUTION NO. 9245
(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' LEGAL SUPPORT STAFF UNION
WHEREAS, the City administration and representatives of the Public
Attorneys' Legal Support Staff Union have met and conferred under the terms of
Ordinance No 801 (CCS) and have reached agreement on wages, hours and other
terms and conditions of employment; and
WHEREAS, Section 2.06 of Ordinance No, 801 (CCS) of the City of
Santa MOnica requires preparation of a written Memorandum of Understanding
between the administratIOn and employees If an agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No, 801 (CCS) further provides
that any such Memorandum of Understanding shall not be binding unless and until
presented to the governing body for determination; and
WHEREAS, the purpose of the Memorandum of Understanding IS to
promote and prOVide harmonious relations, cooperation, and understanding between
the City and the Public Attorneys' Legal Support Staff Union,
L
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS
Section 1, The City Council of the City of Santa MOnica does hereby
approve and authorize the City Manager to execute the Memorandum of Understanding
ratified by the Public Attorneys' Legal Support Staff 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:
.r, /~ I
I tL~f.JL~v~~-J /VJ""-f-'<-U
MARSHA JONES MOUTRIE
City Attorney
:PALSSl; Resolut on 1997 sa,
~
Adopted and approved this 3rd of March, 1998
~F,d;-<-
Robert T Holbrook. Mayor
I, Mana M Stewart. City Clerk of the City of Santa MOnica, do hereby certify that
the foregoing Resolution 9245 (CCS) was duly adopted at a meeting of the Santa
MOnica City Council held on the 3rd of March, 1998 by the following vote
Ayes Councllmembers
Ebner, Femstem, Genser, O'Connor, Rosenstein
Noes Councllmembers
None
Abstarn Councllmembers
None
Absent Councllmembers
Greenberg, Holbrook
ATTEST
~ v~>w (~cvl-
Mana M Stewart, Clt~ Clerk