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SR-12-B (28) ({e50 # qtL(~ {,c5 Un:frprcfF 6 tflf6 C(S ,Z,8 HAR03. 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. .-. - , -.,...... -- -- - - .:lCl.J..Q.1.Y I'..ClU~<::;:> ,.............I"T"IT"'"I -r.",,'_ _ ~~VJ..c.- nu<::u<::v<::~ _,_ . :1_.' _, i::)"-.L.l.t::UU..L~u. i:::IAla.~.J..cd . r v.... r. ....U.1. Lhc l:,y a '::'Qlc:..i. y .1. 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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 \ ~"""'.Q'--V..L-..L....LV.J,.J...I.~ QUj yw.....L1I.~J..L........} .Lc::f'16ct. a ~ ^'" 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