The URL can be used to link to this page

SR-12-B (31) 1a8 PE.PAU MOU stfrpt 1998-2002.bancroft pms Council Meetmg June 8, 1999 JUN 8 1999 Santa Monica, California TO. Mayor and City Council FROM City Staff SUBJECT Resolution Authorlzmg the City Manager to Execute a Memorandum of Understandmg with the Public Attorneys Union INTRODUCTION ThiS report requests that Council adopt the attached Resolution authorlzmg the City Managerto execute a Memorandum of Understanding (MOU) with the Public Attorneys Union BACKGROUND The current Memorandum of Understanding (MOU) with the Public Attorneys Union (PAU) expired on June 30, 1998 As per the terms and conditions of the expired MOU, negotiations with PAU to replace the expired MOU commenced and resulted In the attached MOU ThiS new agreement has been ratified by the membership of PAU ThiS agreement proVides for a cost of liVing Increase for FY98-99, FY99-00, FYOO-Ol and FY01-02, modifies the eXisting performance bonus prOVISion, and makes some minor non-economic changes JUN 8 1999 1a8 BUDGET/FINANCIAL IMPACT Funds are already Included In the budget for FY98-99 to cover any costs associated with this agreement RECOMMENDA TION It IS recommended that Council adopt the attached Resolution authorizing the City Manager to execute the attached Memorandum of Understanding with the Public Attorneys Union Prepared By: Karen Bancroft F'AU '.10u :;t'r:;~ .9305 2COZ, RESOLUTION NO. 9406 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PUBLIC ATTORNEYS UNION WHEREAS, the City administration and representatIves of the Public Attorneys 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 wfltten Memorandum of Understanding between the administratIOn and employees If an agreement can be reached; and WHEREAS, Section 2.06 of OrdInance No 801 (CeS) 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 Union; NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOllOWS: Section 1. The City Council of the City of Santa Monica does hereby approve and authorize the City Manager to execute the Memorandum of Understanding ratified by the Public Attorneys Union, a copy of which IS attached hereto. Section 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: /), :i~ , MARSHA JONE MOUTRIE City Attorney (PAU Resolution 1998-2002) Adopted and approved this 8th of June, 1999 ~~- -- ~am ~~connor, Mayor I. Mana M Stewart. City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Resolution 9406(CCS) was duly adopted at a meeting of the Santa MOnica City CounCil held on the 8th of June, 1999, by the follOWing vote Ayes CounCil members Femsteln, Holbrook, McKeown. Rosenstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor Noes CounCil members None Abstain CounCil members None Absent CounCIl members None ATTEST '-- ~ ~J Mana M Stewart, City Clerk ARTICLE I 1 01 1 02 1. 03 1. 04 1. 05 1. 06 1. 07 1. 08 1. 09 1.10 loll 1. :2 1.:3 1.14 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA k?,JD PUBLIC ATTORNEYS UNION TABLE OF CONTENTS GENERAL PROVISIONS Partles to Meroorandum ........... ...... .... 3 Purpose ................. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 3 Term of Agreement ..... ............ .......... 3 City Councll Approval.............. . . . . . . . . . . . 3 Recognized Employee Assoclatlon Name...+. +. +... 4 Scope of Representatlon........... .... + . . . . . .. 4 Full Understandlng, Modificatlon and Walve~.... 4 Management Rlghts Reserved.................. +.. 5 Valldlty of Memorandum of Understandlng... +.,.. 5 Captlons for Convenience....... _... ........... 6 Non-Dlscrlmlnatlon and Equal Employment........ 6 DeflDltlons . . . . . . . . . . . . . + . + + . . . . . . . . . . . . . . 6 Overpayment Remedy................ . . . . . . . . . . . 8 Payments at Termlnation........... ........... 9 ARTICLE ~I: COMPENSATION 2.01 Effectlve Date of Pay Increase... 2.02 Salarles_ _ _. _. _ .+ _._ 2.03 Overtlme....... . . . . . . . . . 2.04 Bilingual Bonus _ . _ . . . . . . . 2.05 Y-Ratlng....... ...... . . , . . _ . , , .10 . .10 . . . . . . . . . _ 11 . . . . . . . . . .11 . . . . .12 ARTICLE III: SUPPLEMENTAL BENEFITS 3 01 Health Insurance P~ograms 3 02 Retlrement............... 3 03 Supplemental Retire~ent Plans 3 04 Mileage Reimbursement.... 3 05 Bar Dues.............. + . . 3.06 Professlonal Development.. 3.07 Long Term Disablllty Insurance... 3 08 Sick Leave Buy Back. . . . _ . . 3 09 Term Llfe Insurance...... . . . .13 . . . . .14 . . . . .15 . . . . .16 . . . . . . . . . .16 _ . . _ . _ . .. 17 . . . . . . . .. 17 . . . . . . . .. 17 . . . . . . . .. 18 ARTICLE IV: LEAVES 4 01 Pald Holldays............ 4 02 Vacatlon Leave.... ....._ 19 20 -1- 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 ARTICLE V: 5.01 5.02 5.03 5.04 sick Leave.. .................. Leave of Absence Wltnout Pay... Mllltary Leave. .. ...... ....... Workers I Compensa~lon Leave.... Jury Duty............. Bereavement Leave..... Parental Leave........ Professlonal Leave..... Famlly Leave..... .... .20 .2:' .21 .22 .22 .22 .23 .23 .24 WORKING COND:TIONS Safety. . . . . . . . .25 E'Ilployee Parklng . . . . . . . . . . . . . . . . . . . .. .25 Performance Evaluatlons and Effect of Job Performance On Salary........ . . . . . . .. ... . . . . .25 Employment Separations................ .........28 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01 6.02 6.03 6.04 Payroll Deductlons....... ..... Reasonable Notlce..... Tlme Off For ASSOclatlon BUSlness Grievance and Complalnt Policy. . .29 . . .29 . .29 . .29 -2- ARTICLE I: GENERAL PROVISIONS 1.01 Partles to Memorandum TIus Memorandu'l1 of Understandlng has been prepa:r-ed pursuant to the t:.erms or Ordlnance 801 No. (CCS) of the City of Santa Monlca, WhlCh Ordlnance lS hereby incorporated by reference as if fully set forth hereln, and has been executed by the Clty Manager and by the Public Attorneys Unlon (PAU) , on behalf of Clty Attorney employees OccupYlng the line-ltem employment atto:r-ney posltlon classlfications, exceptlng the Clty Attorney and Asslstant Clty Attorney. 1 02 Purpose The partles agree that the purpose of thlS MOU lS' to promote and provlde harmonlous relations, cooperation and understandlng between the City and the employees covered hereln; to prov1de an orderly and equitable means of resolvlng dlfferences which may arise under thlS Memorandum, and to set forth the full agreemen~s of the partles reached as a result of meeting and conferring in good faith regardlng matters wlthln the scope of representatlon for employees represented by PAD. 1.03 Term of Aqreement ThlS Agreement shall be effectlve as of July I, 1998 and shall remaln ln full force and effect unt:.il the 30th day of June 2002 ThlS Agreement shall be automatlcally renewed from year to year thereafter, unless either party shall notlfy the other In wrl :'lng not later than March 1,2002 (and March 1 of each subsequent year) that lt deslres to termlnate or modlfy thlS Agree'l1ent, and speclflcally lndlcates requested modlflcatlons. In the event that such notlce 1S given, negotiatlons shall begin no later than Aprll 15 wlth a slgned contract deslred by July 1st 1.04 Citv Councll Approval It lS, however, the mutual understandlng of all the partles hereto that such Memorandum of UndersLandlng lS of no force or effect whatsoever unless or untll ratified and approved by :r-esolutlon duly adopted by the Clty Councll of the Clty of Santa Monlca. -3- 1.05 Recoqnlzed Emoloyee AssOclatlon Name The PubllC Attorneys Unlon (PAU) 15 hereby acknowledged as the Recognlzed Employee Organlzation repre5entlng only the regular attorney employment pos1tion classlflcatlons, excepL1ng the Clty Attorney and the Assls~ant Clty Attorney, pursuant to Seetlon 3 04 (c) of Ordinance No 801 (CCS) It is the mutual understandlng of the partles hereto that acknowledgment of PAU: A Does not preclude employees ln such employment posltlon classlflcatlons from representlng themselves 1ndl vldually ln tnelr employment relations wlth the Clty; B Does not preclude or restr1ct the rlght of management officials to meet and consult with employees in such employment pos~t~on claSSlflcatlons concern1ng thelr employment relations with the City. 1.06 Scope of Representation The scope of representatlon of the Recognlzed Employee Organlzatlon shall 1nclude all matters relatlng to employment condltlons and employer-employee relatlons including (but not llmlted to) wages, hours, and other terms and condltions of employment, except, however, that the scope of representatlon shall not lnclude consideration of the merlts, necessity, or organlzatlon of any serVlce or actlvlty provlded by law or executlve order and shall be exerclsed or performed ln compllance wlth the provlslons of Ordinance No 801 (CCS). 1.07 Full Unders~andlnq, Modlflcatlon and Walver The partles agree that each has had full and unrestrlcted rlght and opportunity to make, advance, and dlSCUSS all matters properly wlthln the scope of representation as outl1ned 1n Seetlon 2.05 of Ordlnance No 801 (CCS). ThlS MOU constlLutes the full and complete agreement of the partles and there are no others, oral or wrltter., except as speclfied in thlS Agreement. Partles are not bound by any past practices or understandlngs of elther party unless such past practlces or understandings are spec1f1cally stated ln thlS MOD except that provlSlons or conditions not speclflcally changed 1n this or prevlous MOUls shal~ be as prescrlbed by the C1Vll service prov1slons of the Santa Monlca Munlclpal Code. -4- 1 08 Manaqe~ent Rlohts Reserved The City Attorney retalns all ~lghts not speclfically modifled or Ilmlted by thls Agreement, lDcluding, but not Ilmlted ~o, the exclusive right to' A Dlrect, supervlse, hire, promote, suspend, dlsclpllne, discharge, transfer, assign, schedule, and retaln employees; B. Relleve employees from duties because of lack of work or funds, or under condltlons where contlnued work would be lnefficlent or nonproductlve; c. Determlne serVlces to performed, utlllzatlon budgetary matters, be rendered, operatlons of technology, and to be overall D. Determlne personnel conducted; the approprlate Job classifications by whlch government operatlons are to and be E. Determlne the overall mlSSlon of the UTIlt of government, ~ Maintain and improve the efflclency and effectiveness of government operatlons; G. Take any necessary actlons to carry out the misslon of an agency In situatlons of emergency 1.09 Valldlty of Memorandu~ of Understanding If any prOVlSlon of thlS MOD lS determlned to be lnvalld or illegal by a court of competent ]urlsdlctlon, then such provlslon shall be severed fro~ thlS MOU, but the remalnder hereof shall remaln In full force and effect. The partles hereto shall lmmedlately commence to negotiate for the purpose of replaclng any such lnvalld or lllegal prOVlSlon. Should any change be made lTI any Federal or State law, or In any rules and regulatlons lmplementlng such leglslatlon, or In any City Charter prov~sions or Clvll Servlce Rule and Regulatlon whlch would be appl:::..cable and contrary to any prOVlSlon hereln contalned, then such provlSlon of thls MOU shall be automatically terminated, but the remalnder of thlS MOU shall remaln In full force and effect. Such leglslation and/or rules and regulatlons shall supersede thls MOD and appllcable clauses shall be substltuted for those ruled lnvalld or lllegal The parties hereto shall lmmedlately commence to negotiate for the purpose or replaclng any such lnvalld or lllegal provision. -5- 1.10 Caocions for Convenlence The captlons hereln are for convenlence only and are not a part of thlS MOD and do not In any way Ilmlt, deflne, or amplify the terms and provlslons hereof 1.11 Non-Dlscrlminatior. and Equal EmDloyme~t It 1S hereby agreed by the partles to thlS MOD that they will fully comply Wl th all appllcable local, State and Federal laws, rules and regulatlons prohlblting discrlmlnatlon and governlng equal employment opportunlty. The Affirmatlve Actlon Program and the Sexual Harassment Policy of the Clty of Santa Monlca are affirmed by both partles to thlS fvlOU and lncorporated by reference herein. Both partles will abide by the requirements of the Americans with Dlsabllltles Act (ADA) Every Cl ty employee is expected to respect the dignl ty of every other Clty employee and to rerra1n from any act1ons, lncludlng the use of slurs or Jokes regarding sex, age, race, national origln, rellglon, dlsabillty, or sexual preference/orlentatlon WhlCh could be construed as harassment. Harassment of fellow employees is a vlolatlon of Clty policy. No employment declslon shall be based on an ewployee1s submlssion to or reject10n of such conduct. 1 12 Deflnltlons The followlng def1nlt1ons are to be applied In the interDretation of thlS MOD A. "Salary Range" shall mean the normal monthly pay scale (and the hourly or bl-weekly equlvalent) asslgned to each employment posltlon classlflcatlon wlthin the City work force. B. "Nearest Dollar" shall mean the next lower dollar ln a monthly rate when the computed amount 1S forty-nine (49)cents or less and the next ~lgher dollar when the computed amount 15 flfty (50) cents or more C. "Date of Entrance Ann:Lversary" shall mean the date WhlCh recurs annually after the date of entry into a line-ltem position covered by thlS MOD { e1ther by orlglnal employment { re-employment or promotlon. The date of entrance for employees with broken serV1ce shall be consldered as the date on WhlCh the last unbroken service In the classlficat10n was effectlve. D. "Satlsfactory SerVlce" shall mean the attalnment of an Overall Ratlng of not less than II Satis factoryll on the -6- performance report assoclated with the employee's most recent date of entrance annlversary. E. "Pay" shall mean compensation for regular hours worked, sick leave, bereavement. leave I vacation, holldays, and/or Jury duty. F. "In Pay Statusn shall mean earn1ng pay. G. II Completed Calendar Month of SerV1ce" shall calendar month 1n whlch an employee has been status for eleven or more working days. mean a in pay H IILlne-1tem positlon" shall mean a positlon WhlCh lS. (1) speclflcally ltemlzed in the personnel schedule of the annual budget of the City of Santa Monica; and (2) ellglble to accumulate vacation, sick leave, and other t1me off in proport1on to the percentage of the full-tlme forty (40) hour work week. Other fringe beneflts shall be prov1ded to part-tlme employees covered hereunder as lf they were employed on a full-time basls. I IIPermanent Employeesll shall mean: (1) A person who lS legally an lncumbent of a line-item posltion, full or part-tlme, or (2) A former legal 1ncumbent of a llne-ltem posltlon on authorlzed leave of absence from a regularly budgeted posltion Wh1Ch pos1tlon is held pendlng the employee's return. The term "permanent employee" shall not be construed to lmplya guarantee of contlnued employment, and employees covered hereln are not subject to the C1vil SerVlce provislons of the Munlclpal Code and City Charter. J. "Full-Tlme Work Week" shall mean forty (40) hours K. A "full-tlme" employee lS an incumbent of a line-ltem pos1t1on budgeted ln the annual budget of the City of Santa Monlca for a full-tlme work week L A "part-tlme" employee is an 1ncumbent of a llne-ltem poslt1on budgeted 1n the annual budget of the Clty of Santa Monlca for less than a full-tlme work week A part-tlme employee shall be compensated ln the same proportlon as the number of hours budgeted for the -7- employee's position bears to the full-tl~e work week Compensatlon shall lnclude base salary, clty-pald contrlbutlons into the Clty'S 457 plan (as set for~h in Sectlon 3.03 of thlS Agreewent} and blllngual bonus. ~~y part-tlme employee covered hereln who, as of June 30, 1995, was recelvlng a hlgher proportlon of the city-paid contributlons lnto the Clty'S 457 plan than would be provHied pursuant to thls sectloD shall contlnue to recelve the higher proportlon as long as the e~ployee continues to hold a pOSl tlon which is budgeted as a part-time posltion In the Clty of Santa MODlca1s annual budget. Part-tlme employees shall accrue vacatlon, sick leave and other Llme off ln the same ratio as the number of hours budgeted for the employee1s posltlon bears to the full-time work week wi th the exceptlon of compensation tlme, as set forth In the precedlng subsection, the part-time employee other employee benefits as lf he/she full-time basls. and accrued leave paragraphs of thlS shall recelve all were employed on a M d. "Worklng Day" as lisen ln the section of thlS Agreement pertainlng to vacation accrual (Beetlon 4.02) and slck leave accrual (SectloD 4 03) shall mean eight (8) hours. N "Compressed Work Scheduler! shall mean a work schedule ln WhlCh a full-tlme employee is asslgned to work a total of elghty (80) regularly scheduled work hours in nlne (9), or less, days lD a glven two~week (l.e., two work week) perlod 1.13 Overpayment Remedy Permanent employees covered hereln shall reimburse the Clty for any overpayment of wages or beneflts. Sald reimbursement shall not be yequlred untll the Clty notifles the affected employee in wrltlng. Relmbursement may be accomplished by a lump-sum deductlon made on the next subsequent e~ployee payroll warrant followlng overpayment not~flcation, or by other reasonable re-payment method mutually acceptable to the employee and the Clty, except that the lump-sum deduction shall be requlred If the next subsequent employee payroll warrant lS the flnal or terminatlon warrant lssued to the affected employee -8- 1.14 Paywents at Termlnatlon When permanent employees covered hereunder leave the serVlce of the Clty of Santa Monlca they sha:l be entltled to lump-su~ payoff of vacatlon leave and unused Professional Leave days only. No claim shall be made agalnst the Clty for the use or payment of compensatory tlme or unused slck leave, nor shall the erfectlve date or termlnatlon be extended by the use of compensatory tlme, slck leave, vacatlon or other leave days. -9- ARTICLE II COMPENSA'I' ION 2.01 Effective Date of Pay Increase Notw~thstand~ng any other prov~s~on conta~ned herein, changes to the salary range and salary related benefit changes prov~ded here~n shall become effect~ve on the f~rst day of the payroll period closest to the effect~ve date stated here~n If the effectlve date stated hereln falls on the Sunday lTI the ffilddle of a pay period, the effeet~ve date shall be the flrst day of the following payroll perlod. 2.02 Salaries Salar~es of C~ty employees covered hereln shall be on a monthly rate, paid on a bl-weekly equivalent bas~s. A. New hires shall be asslgned to the elasslflcatlon and salary rate most appropr~ate for the~r educatlon and experience and for the nature of the work to be performed as evaluated by the City Attorney. B Effect~ ve July 1, 1998 I the monthly salary ranges ln effect for the employees covered herein shall reflect a three percent (3%) general salary lncrease (also known as a cost of llvlng adJustment) and shall be as follows. Deputy Attorney I ABC D 4354 4864 5376 N/A E N/A Deputy Attorney I: 5859 6318 6776 7235 7452 Deputy Attorney III 7960 8320 8694 9086 9488 C Effective the flrst day of each flseal year (July 1st) whlle this agreement renalns ln effect, the nonthly salary ranges set forth lD Subsectlon B of thlS seet~on shall be adJusr.ed to reflect the largest percentage salary ~ncrease (also known as cos~ of l~vlng adjustment) granted to all eITIployees of any other bargainlng unl t by the City of Santa Monlca for that same flseal year, excludlng the Santa Monlca Pollce Officers' ASSoclatlon (SMPOA) and the Santa Monlca Firefighters Local 1109, IAFF, by incorporation into the bargaining UTIlt'S Memorandum of Understandlng (MOD) or otherwlse, and Subsection B of thlS sect~on shall be adJusted to reflect the new monthly salary ranges. For the purposes of this provis~on, an equlty adJustment granted to a speelf~c Job -10- classlf~catlon shall not be cons~dered a salary lncrease {also known as a cost of living adJustment}. D. Normal progresslon through each salary range (~. e. , Deputy Attorney I, Deputy Attorney II and Deputy Att.orney III) shall be ~n annual step lncrements contlngent on satisfactory serv~ce. Advancement from Deputy Attorney I to Deputy Attorney II and Deputy Attorney II to Deputy Attorney II: shall be consldered a promot~on rather than a step lDcrease Sald promot~ons shall be at the d~scretlon or the Clty Attorney. E. An employee asslgned as Ch~ef Deputy of recel ve a supervlsor 1 s bonus of ::en hls/her annual base salary per year I become part of the employee's base pay. be pa~d on a bl-weekly basis. a d~vision shall (10) percent of which does not Th~s bonus w~ll 2.03 Overtlme Employees covered hereln are exempt employees under the professional employee exemptlon of the Falr Labor Standards Act (FLSA) as It may be appl~cable ~o publ~c agency employees. As a result, employees covered hereln wlII not have to account for their work t~me on an hourly basis and wlII only need to account for each full day of absence which occurs on a regularly scheduled work day 2.04 Blllngual Bonus Quallfled employees who meet the criterla set forth here~n shall recelve a blllngual sk~ll pay of flfty dollars ($50.00) per roonth. To recelve blllngual pay the followlng crlterla trust:. be Met 1. The employee must be asslgned to speak or translate a language In addltlon to Engl~sh. Thls may lnclude speclallzed communlcatlon skllls such as slgn language 2. lL~ employee must regularly utillze such skills durlng the course of thelr dutles or upon request of Clty management 3. In order to recelve bilingual bonus, an employee must be certlfled as quallfled by exam~natlon administered by the Personnel Department. &~ employee who has not been certlf~ed and quallfled and 1S not recel vlng bllingual sklll pay wlIl not be requlred to utlllze th~s sk~ll except In an emergency sltuatlon. -11- If an employee quallfles for blllngual bonus for Spanlsh ana is requlred to regularly use said sklll during what are determined by the Personnel Department to be emergency or emergency-related sltuations, he/she shall recelve an addltlonal fifty dolla~s ($SG.OO) per month, for a total of one-hundred dollars ($lOD.DO) per month 2 05 Y-Ratlng When a personnel actlon, e. 9 , demotlon due to layoff or reclassiflcatlon, results 1n the lower1ng of the lncurnbent employee1s salary range, the incumbent ewployee's sala~y may be Y-rated. nY-ratedfl shall mean the malntenance of the incumbent employee1s salary rate at the level effectlve the day preced1ng the effectl ve date of the personnel actlon placlng the employee 1TI a lower salary range. The employee's salary shall remaln at such level unt1l the salary range of the new classlflcation equals or exceeds the Y-rated salary. -12- ARTICLE III' SUPPLEMENTAL BENEFITS 3.01 Health Insurance proqrams A Medlcal Insurance Effectlve July I, 1998, the Clty agrees to pay up to a maXlmum of $475 per ~onth towards the cost of medlcal lnsurance coverage for employees and ellglble dependents provlded that employees covered hereln partJ.clpat.e in the City-offered medlcal lnsurance programs. The cost of medlcal J.nsurance coverage will be set at the beglnnlng of each medlcal plan year and wlll be a "composlte" monthly lnsurance premium derlved by dlvldlng the total monthly premium ror all medical plans offered by the Clty, except the PERS PORAC medical plans or any other PERS medlcal plans I by the total number of employees enrolled ln said medlcal plans as of the beginnlng of the medical plan year Any extra premlum payment above $475 00 required under any of such plans shall be pald through payroll deductlon by the employee electing such coverage. Effectlve July I, 1999, and each July thereafter, the maXlmum amount up to which the Clty agrees to pay towards the cost of medlcal lnsurance coverage will be equal to the hlghest medical lnsurance premlum contributlon cap establlshed for any of the Clty'S other bargalnlng unlts for that fiscal year, excluding any premlum contrlbutlon cap establlshed for the PERS PORAe medlcal plans or any other PERS wedical plans The same terms and conditions outlined ln the flrst paragraph of this Sectlon shall stlll apply ThlS prOV1Slon shall rollover to the same extent as the entlre MOU rolls over In the event that the contribution neap" does not cover the cost of medlcal insurance coverage for employees and eliglble dependents, the Clty agrees to meet and confer wlth PAU The CJ.ty and PAD agree that employees should beneflt from any prem~um savlngs WhlCh accrue from the ~mplementatlon of a new health lnsurance program (Triple Optlon Plan) In 1994. The followlng procedure wlll be utlllzed to determine savlngs, lf any, and ln the event of savlngs. how sald savlngs wlll be distrlbuted; (1) The actual medlcal lnsurance premlum costs for 1993 for non-safety employees shall be compared agalnst the Clty'S actual premium costs for the new Triple Option plan for those same employees. -13- (2) If the~e should be any premlum savlrrgs between 1993 and 1994, each employee's share of the savlngs wl:l be determlned by d~vldlng the total amount of the savlngs by the total number of Clty employees {non- safety} participatlng 1n the Clty'S med:Lcal lnsurance program. Each employee's share 0: any savings wlll be pald to the employee by no later than March 1, 1995 Prlor to thlS payment, the City will meet and confer with PAD and the other City bargalnlng unlts to determlne the method by which sald payment wlll be made (e.g , lump sum, contrlbution to deferred compensation plan, etc.). In the event the medlcal lnsurance premlums for the Trlple Optlon Plan for 1995, and any subsequent calendar year, should be less than the actual C1 ty medical lnsurance premlums for 1993, the savings wlll be handled in accordance with the same procedure outlined above, wlth the payment being made to the employees by no later than March 1 of the following calendar year. The Clty shall make no changes to thlS Triple-Option Plan (such as changlng lnsurance carrlers or the number or nature of plans offered) wlthout flrst meetlng and conferring wlth PAD. B. Dental Insurance Dental lnsurance coverage shall be provlded at no cost to employees and their ellglble dependents provlded that employees covered hereln partlclpate ln the City-offered dental lnsurance programs. C Vision Insurance The Cl ty agrees to continue to provide V1Slon care lnsurance, at no cost, to employees covered herelD The Clty retalns the rlght to select the provlder and to set the levels of coverage for sald V1Slon care lnsurance plan. The Clty also retalns the rlght to change the provlder of sald V1Slon insurance plan and/or the level of benefits provlded under the plan wltnout meet~ng and conferrlng. 3.02 Retlrement The City is a contract member of the Public Employees I Retlrement System (PERS), and it is understood and agreed such membershlp wlll be malntalned and that employee ellglblllty, classiflcatlon, contributlon, and beneflts are as prescrlbed ln the contract between the City and the PubllC -14- Err-ployees1 Retirement System heretofore approvec by the Santa Monlca Clty Caunell. ~he C~ty shall pay on behalf af each employee covered by th~s Agreement an amount equal to one hundred percent (100%) of the lndlvldual employee's share of the requlred retlre~ent contrlbutions to PERS (l.e, 7 0% of the emplcyee1s "compensatlon" as deflned by law) . These payments are not lncreases of salary and no salary range appllcable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payrrents; as a result, the Cl ~y W1II Dot treat these payments as ord~nary ~ncome and thus wlll not withhold Federal or State ~ncome tax therefrom. The Clty'S practlce will be to report these payments as belng those of the employees so that they wlll be credl ted to the partlcular employee's lndl vidual account w.::. th PERS and upon termlnatlon will belong to the employee. It is agreed that lf State and/or Federal procedures requlre reportlng of these payments In any other manner, the partles wlll ablde by such requirements. :::n additlon, PAD shall have the option of havlng the Clty :.mplement what is referred to as the PERS on PERS optlon, whereby the Clty of Santa Monlca, as allowed by Government Code Sectlon 20636(c) (4), would report to the Publlc Employees 1 Retlrement System (PERS) as compensatlon earnable the monetary value of normal contributlons pald by the Clty on behalf of each employee covered by this MOD (hereinafter referred to as the EPMC) pursuant to the provlslons of Sectlon 20691 of the Cal.::.rornla Govern~ent Code, as described above ln this Sect'::'OD. In return, for employees covered herein, there shall be deducted from the net income of each employee the added cost to the Cl ty resulting from paYlng employer and employee retlrement contr.::.but.::.ons on the EPMC, which lS an amount equal to the product obtalned by mult.::.plYlng the value of the EPMC by a percentage equal to 7% plus the City's prescY1bed cont~lbutlon rate to PERS (WhlCh lS sub] ect to annual adJustmen~}. If PAD elects to have the City implement the PERS on PERS opt1on, as 1ndlcated by written not~flcat.::.on fro'll PAU to the Cl ty, the PERS on PERS optlon wlll be 1mplemented as soon as it lS posslble to do so withln the conseralnts of the Clty'S payroll system 3.03 Supplemental Retlrement Plans ~he City has established and malntains a deferred compensatlon plan pursuant to the provisions of Section 457 of the Internal Revenue Code of 1986, as amended. Each employee covered hereln, at hlS or her sole dlscretlon, may defer and have -15- depos~ted ~nto the Clty'S 457 plan a portlon of his or ner compensation up to the maXlmum amount perm~tted by law The clty-paid contrlbu~lor.. of rour hundred dollars ($4.00) per month on behalf of each employee covered hereln, includlng any part-tlme employee covered by this Agreement as of June 30, 1995 who ~s ellglble to recelve the clty-pald contrlbutlon of $400 per month lnto the City's 457 plan, as deflned ln Sectlon 1.12 of thlS Agreement, shall be dlscontlnued upon the establlshment of a 401(a) plan, as descrlbed ln the followlng paragraph of thlS section. For part-=lme employees who were elther hlred or transferred lnto a part-tlme position after June 30, 1995, the Clty shall contrlbute two hundred dollars ($200) per month on behalf of each employee lnto the Clty'S 457 plan. Effective as of the earl~est possible date followlng ratlficat~on of this Agreement by both partles, the Clty shall establlsh and maintaln a pension plan pursuant to the prOVlSlons of Sect~on 401(a) of the Internal Revenue Code of 1986, as amended. The Clty shall contribute four hundred dollars ($400) per month lnto the 401(a) plan on behalf of each full-time employee covered hereln and any part-time employee who quallfles for a contribution equal to that of a full-time employee, as deflned ln Section 1 12 of thlS Agreement. Each employee who lS partlcipatlng ln the 401(a) plan shall contrlbute seventy-five dollars ($75) per month into the 401(a) plan. In addlt~on, effective January 15~ of any subsequent calendar year In whlch this Agreement lS In effect, PAU may elect to unplement a dlfferent mandatory employee contrlbutlon lnto the 401 (al plan by providlng notlce to the Clty of its deslre to do so at least three (3) weeks prlor to the begl:1TIlng of the calendar year. Mandatory employee contr:.butions shall meet the requlrements of the Internal Revenue Code. 3 04 Mlleaae Reimbursement Reimbursement to employees for authorlzed use of personal automoblles on Clty bUSlness shall be at the rate establlshed by the Clty Cauncll. 3.05 Bar Dues The City shall pay each attorney1s Callfornla State Bar dues requlred to practlce law lD the State of Callfornla. The Clty shall also pay for one local bar assoclatlon dues at each attorney's optlon -16- 3.06 Profess~onal Development Employees covered hereln shall be ellg1ble to recelve relmbursement for regis~ratlon at legal semlnars and tralnlng seSSlons, lncluS1ve of reasonable travel, parking or accommodatlon expenses, provlded that the seminar or tra1ning meets the follow1ng crlterla, as determ1ned by the C1ty Attorney. 1) 1S related to the pract1ce of rnuniclpal law in an area of law pertalnlng to the employee's work dutlesi and 2) the cost of the traln1ng lS reasonably related to the benefit of the tra1D1ng to the CltYi and the employee has received the pr~or approval of the Clty Attorney for sald relmbursement Tralnlng tapes and/or books or pamphlets may be acqulred under the terms of thlS Section prov1ded that such materlals remain the property of the Clty. Each employee covered under thlS Agreement shall be requ1red to attend at least one (1) professional development or trainlng seSSlon per each flseal year. In add1tion, the C1ty will provide employees covered hereln with opportunit1es to meet whatever mandatory requirements are establlshed by the California State Bar wlth regard to contlnulng educatlon e1ther by paY1ng the cost of requlred courses or through offering self-d1rected studles. 3.07 Lonq Term Disablllty Insurance The C1ty wlll cont1nue to offer employees covered here1n partlclpatlon in a long term disabll1ty plan provided at C1ty expense. As of ~he flrst of the month follow1ng ratiflcatlon of th1S Agreemenc by both partles, the Clty agrees to modlfy the current long term d1sablllty 1nsurance plan to provlde long term d1sabll1ty lns~rance benef1ts whleh will be equal to 60% of eltner the employee's base salary or $8,200 00 per nonth, whlchever amount lS less, reduced by the employee's lnco~e from other sources 3.08 Slck Leave Buy Back Each employee covered hereln has the annual optlon to be pald for certaln unused slck leave on the terms noted below or to "bank" unused s~ck leave. Payment at the employee' s base salary for the flscal year durlng WhlCh the slck leave was earned but not used, excluding any special ass1gnment or bonus pay, shall be made only to employees on the payroll as of June 30 of that fiscal year. Annual sick leave payoffs under th1S Sectlon for employees with less than ten (10) years of service shall be made accordlng to the follow~ng schedule" -17- Sick Leave Days Used In the Flscal Year Slck Leave Days Payable At Flscal Year End 2 or less 3 4 5 6 7 8 or more 6 5 4 3 2 1 o Annual slck leave payoffs under this Sectlon for employees wlth ten (10} or more years of serVice shall be made accordlng to the followlng schedule, provldlng there are enough sick days accrued ln the employee's slck leave bank to cover the payoff described below Sick Leave Days Used In the Flscal Year Slck Leave Days Payable At Fiscal Year End 2 or less 3 4 5 6 7 8 9 10 11 12 13 14 or more 12 11 10 9 8 7 6 5 4 3 2 o It ~s mutually acknowledged Code 40 or other time off advance wll1 disqualify an payment under thlS Bectlon by the partles that the use of not approprlately scheduled in employee from ellglbili ty for Slck leave for WhlCh payoff 1S recelved shall be consldered "used" lD that lt wlll not be added to the "bank" (or If added to the T1bankTl prior to ':.he payoff date shall be removed from the II bank II ) 3.09 Term Llfe Insurance The City agrees to maintain at no cost to the employee a term life lnsurance plan for permanent employees covered herein, with lndividual coverage of tWlce the employee's annual base salary -18- ARTICLE IV, LEAVES 4.01 Pald Holldays Employees OccupYlng the llne-ltem positlons coverea hereln shall receive pald holidays as follows New Year's Day Martln Luther Klng's Birthday Washlngton's Birthday Third Monday ln February Memorlal Day Last Monday in May Independence Day July 4 Labor Day Flrst Monday ln September Thanksgiving Day Fourth Thursday ln November The Frlday followlng Thanksglvlng The half-day immediately before Chrlstmas Day Christwas Day December 25 The half-day immedlately before New Year's Day One (1) cashable floatlng holiday One (1) non-cashable floatlng holiday All ocher holldays declared by the City CounC11 January l Thlrd Monday in January The floatlng hollday becomes available at the beglnnlng of each flscal year and must be taken before the end of that flscal year. Only those employees who are on the payroll at the beglnnlng of the flscal year shall be entltled to receive the cashable flcatlng hollday for that flscal year If the floatlng hollday lS not taken by the end of the flscal year, it shall be pald to the employee on the flnal paycheck at flscal year end A floatlng hollday whlch lS cashed out at the end of the flscal year shall be pald ln an amount equal to elght (8) hours at the employee's stralght-tlme base salary rate or pay. A non-cashable floatlng hollday becomes available as of January 1 Only those e~ployees who are on the payroll as of January 1 shall be entltled to recelve the non-cashable floatlng hollday for that flscal year The non-cashable floatlng hollday must be taken befoye the end of the fiscal year. If the non-cashable hollday lS not taken by the end of the flseal year, the hollday cannot be cashed out and lS forfelted. Whenever any day listed herein as a paid hollday falls upon the flrst or second day off of any employee who has two (2) consecutlve days off, the day precedlng shall be deemed the holiday if it falls on the first day off, and the day followlng shall be deemed the hollday if it falls on the second day off In lleu of the day llsted Whenever any day -19- llsted herein as a pald hollday falls upon any day o~= of an employee who does not have two (2) consecuClve days off, the followlng day shall be deemed the hollday for such employee 4.02 Vacatlon Leave Each employee occupying a regularly authorlzed full-tlme posltlon or a permanent and contlnulng part-tlme posltlon ln any employment classlflcatlon covered hereln shall acc:::-ue vacation leave wlth pay on the followlng basls: A Followlng completlon 0:: the flrst SlX (6) calenda~ months of contlnuous service, six (6) worklng days. B. Thereafter, up to and lncludlng five (5) completed years of service, one (1) workJ..ng day for each completed calendar month of serVlce. C. Thereafter, up to and lncluding ten (10) completed years of service, one and one-quarter (1.25) working days for each completed calendar month of serVlce D. Thereafter, up to an lncludlng flfteen (15) completed years of serVlce, one and one-half (2 5) worklng days for each completed calendar month of service. E Upon completlon of fifteen (15) completed years of serVlce and thereafter, one and three-quarters (1.75) worklng days for each completed calendar month of serVlce F. Except for permanent part-tlme employees, the total vacatlon accrual Ilmi t shall be three (3) tlmes t.he employee's annual accrua: In the case of a permanent part -time employee, the total vacation accrual liml t shall be thJ..rty-sJ..x (36) days. 4 03 Slck Leave Slck leave shall be deflned as In Sectlon 2 04.570 of the Santa Monlca MunlcJ..pal Code, hereby lncorporated as lf set forth ln full herein, except that: A Accrual of sick leave shall be as follows (1) Followlng the completlon of the first SlX (6) calendar months of contlnuous serVlce, SlX (6) worklng days (2) Thereafter, one (1) worklng day for each completed calendar month of service -20- B. Sick leave shall be def~ned as absence from duty because of the employee's illness O~ off-the-]ob ~n]ury, exposu~e of the employee to contag~ous d~sease as ev~denced by certificat~or: from an accepted medical author~ ty or med~cal or dental appoint-ments of the employee which could not be scheduled dur~ng non-work hours w~th proper advance notice to the C~ty Attorney. 4.04 Leave of Absence W~thout Pay A-~ employee may be granted a leave of absence w~thout pay upon appl~cat~on approved by the C~ty Attorney and the City Manager Such leave may not exceed one (1) year' s t~me. Upon exp~ration of the leave, the employee shall be re~nstaLed to the pos~tion held before the leave was granted. Such leave shall be granted only ~n those cases where an employee 1 s record of serv~ce and qualifications make ~t desirable for the City to reta~n h~s or her services even at the cost of some ~nconven~ence to the C~ty. 4 05 Military Leave An employee with a permanent civ~l serv~ce status, who ln tlme of war or national emergency as procla~med by the President of the United States or the Congress of the United States, or wh~le any nat~onal conscr~pt~on act is ln effect, lS lnducted ~nto the armed forces of the Un~ted States or who leaves employment with the City to enter voluntar~ly the armed forces and wl~hln a reasonable tlme after leaving h~s/her employment wlth the Clty does enter such serv~ces, shall be granted a leave of absence without pay for the durat~on of the period of active service with such armed forces. If such employee recelves an honorable d~scharge or lts equivalent and the pos~t~on still exists and the employee otherwise is qualifled to f~ll the same, the employee shall have a r~ght to return to the pos~t~on w~th the C~ty w~th~n SlX (6) months after the termlnat~on of such act~ve serv~ce but shall not have a rlght to so return later than SlX (6) months after the end of the war or after the time the Pres~dent or Congress procla~m the natlonal emergency ~s term~nated, or after the explratlon of the natlonal conscrlpt~on act. Such an employee shall recelve senlorlty and other credits on the same basls as though the employee had rema~ned ~n the C~ty serVlce and had not taken such mllltary leave. Leaves of absence w~th pay for temporary military duty shall be granted ~n accordance wlth applicable State laws. -21- 4.06 Wo~kers' Comoensatlon Leave Employees covered hereln hl~ed pYlar to July:, 1985, who are entltled to recelve dlsablllty payments under the Workers' Compensatlon Act of Callfornla for on-the-Job lnjuries sustalned ln the performance of the dutles of the employee's posltion, shall recelve from the Clty during the flrst Slxty (60) days of such dlsabllity absence payments ln a~ amount equal to the difference between the dlsabillty payments recelved under ~he Workersl Compensatlon Act and the employee's full salary. Such payments by the Clty shall be made wlthout any deductlon from accrued sick leave beneflts. The Clty'S obllgatlon to make such payments shall not commence untll the thlrd day of such dlsablllty absence. Employees covered herein, hlred on or after July 1, 1985, shall be entltled to only those Workers I Compensatlon beneflts speclfled under State law, and shall receive no salary from the Clty durlng leave covered by the Workers' Compensatlon Act. 4.07 Jury Duty Employees covered herein, when duly called to serve on any Jury and when not excused therefrom, shall receive their regular compensation less all jury fees received excludlng mlleage for the tlwe requlred to be spent on actlve jury duty. Each employee recelving a notlce to report for jury serVlce shall lmmedlately not~fy hls/her lmmediate supervlsor. The employee shall make every effort to cooperate wlth any request by the City Attorney or hls/her deslgnee to request a delay ln Jury serVlce to accommodate lmportant department work ln progress Whenever dally Jury duty schedullng perml ts I employees shall return to thelr regular daily Job asslgnment to complete thelr regular daily work hours 4.08 Bereavement Leave Bereavement leave of not more than flve (5) worklng days wlth pay shall be provlded ror absence froIT- duty due to the death of a member of the employee's immedlate famlly, meanlng spouse, Chlld, step Chlld, brother, slster I parent, step-parent, parent -In-law, son-ln-law, daughter-ln-law, slster-in-law, brother-ln-Iaw, step-parent, step-brother, step-slster r grandparent, grandchlld, spouse of chlldr spouse of step-chlld, step-parent of spouse, uncle, aunt, niece or nephew. In addition, bereavement leave of not more than flve (5) worklng days wlth pay shall be provided for absence from duty due to the death of any member or the employee 's household. -22- 4.09 Parental Leave Employees who demonstrate that they have primary responsltnllty ::or the care of a new Chlld who requlres constant parental supervlSlon shall be entitled to a leave of absence total~ng four (4) months lmmedlately followlng the ch1ld's blrch or adoption and shall be returned to the same Job claSS1flcat1on occupled prior to the leave upon ltS explration. Pald vacatlon leave or sick leave, 1f appllcable, as well as unpa1d leave shall be counted toward the four (4) month total. Pald slck leave can be used only lf the requlrements of this MOU or Sectlon 2.04 570 (Slck Leave) of the Santa Monlca Munlclpal Code are met Additlonal leave may be requested under the provlslons or thlS MOU governlng leaves of absence without pay (Section 4 04) Maternity leave 1S not the same as parental leave and shall be admlnlstered In accordance with State and Federal law. 4.10 Professlonal Leave As partlal recognitlon of the sensltlve and demanding nature of che employee-employer relationship as regards employees covered herein, the Clty hereby agrees to grant to each employee covered hereln eight (8) profess1onal days off with pay to all such employees with less than flfteen (15) years of serVlce. An addltlonal professlonal day [total of nlne (9) days] shall be granted to all covered employees wlth fifteen (15) or more years of serVlce. Professlonal days shall be earned ln increments with flve (5) days avallable July 1 of each fiscal year a:J.d three (3) addl tional days available January 1 of each flscal year. Employees wlth nlne (9) days shall earn the extra day as of January 1 of the flscal year Unused profess1onal leave days may be paid to the employee If he/she records them on the final tlrpe card of each flscal year or In such other pay perlod requlred by the Payroll D1V1Slon of the Finance Department Unused cashable professlonal leave days pald to the employee at the end of each flscal year shall be pa1d on the baS1S of elght (8) hours pay, at the employee 1 s base salary rate of pay, for each professlonal leave day ellglble for payoff In add1t10n to the cashable professional leave days described above, each employee covered hereln shall be ent1tled to two (2} non-cashable professional leave days. The two (2) non- cashable professlonal leave days shall be earned in .lncrements wlth one (1) day avallable July 1 of each year and one (1) addltlonal day ava.llable January 1 of each fiscal year. These two (2) non-cashable professlonal leave days shall not be accruable from year to year .1f not used in any glven fiscal -23- year, nor shall the employee be compensated for unused no~- cashable professional leave days at the end of the fiscal year. Any unused non-cashable profess~onal leave day(s} shall be forfelted at the end of the fiscal year Each employee covered herein who ~s requ~red, by the schedul~ng requlrements of the court system, to work Monday through Fr~day of each calendar week, shall be entitled to recelve five (5) add~t~onal non-cashable profess~onal leave days over and above those described above. The fJ..ve (5) additional non-cashable professional leave days shall be earned ln lncrements wlth three (3) days avallable July 1 of each year and two (2) addit~onal days avallable January 1 of each flscal year. These five (5) add~tional non-cashable professional leave days shall not be accruable from year to year if not used in any glven flscal year, nor shall the employee be compensated for unused non-cashable professional leave days at the end of the fiscal year. Any unused non- cashable proresslonal leave days shall be forfeited at the end of the flscal year. In the event that the Clty Attorney's Offlce places an employee who would normally be requlred to work Monday through Fr~day as of result of the scheduling requ~rements of the court system on a compressed work schedule, said employee would no longer be ent~tled to recelve addltlonal non-cashable professlonal leave days once hls/her work schedule has been changed. 4.11 Fa~ily Leave The Clty hereby agrees to implement family and medical leave in accordance with the Californla Famlly Rlghts Act (CFRA) and the federal Fam~ly and Med~cal Leave Act (FMLA) for all employees covered hereln. These statutes shall supersede and be lmplemented ~n lleu of any contract language or Clty pollcyjpractlce wh~ch prov~des a lesser benefit. Before the lssuance of any admlnistratlve regulatlons pertalnlng to leave unaer the CFRA or FMLA, the Clty agrees to dlscharge l~S meet and confer obligatlon w~th PAD. -24- . ARTICLE V' WORKING CO~~ITIONS 5 01 Safety The Clty shall provide a reasonably safe and healthy working environment In accordance wlth appllcable State and Federal laws and regulatlons. The Recognized Employee Organlzation agrees that where safety devlces or ltems of protectlve equlpment are requlred or furnlshed, thelr use shall be mandatory. It lS mutually agreed that a representatlve of the Recognlzed Employee organization may attend meetings of the Admlnlstrative Safety Committee when, in the oplnlon of such representatlve, a safety hazard eXlsts which should be consldered by the Safety Commlttee. 5.02 Employee Parklna It is hereby agreed that the City wlll make every effort to malntaln free parklng as It presently eXlsts for Clty employees at Clty faclllties The employees covered by thls Agreement recognlze that the City must comply wlth Regulatlon XV ~ssued by the Alr Quality Management District (AQMD) and the CltylS Transportatlon Management Plan Ordlnance. If the use of posltlve lncentlves does not result In the Clty meetlng the compl~ance requlrements of AQMD IS Regulatlon XV wlthln one (1) year of the effectlve date of thlS Agreement, It lS understood that the Clty can lmplement a charge for employee parklng In an effort to meet those requlrements In addltlon, if It should become necessary to charge for parking during the term of thls Agreement In order to comply with any other local, State or Federal requlrements regardlng transportatlon wanagement, the Clty can lmplewent said charge. However, In no event shall the Clty lmplewent such a charge for parking wlthout meeting and conferrlng wlth PAD should any employee (s) represented by them be subject to such a charge 5.03 Performance Evaluations And Effect Of Job Performance On Salary A. The City Attorney or hls/her designee shall evaluate In wrltlng the performance of employees covered herein on the followlng schedule 1 Once at the conclusion of the flrst SlX (6) months of employment 2 At t~e concluslon or the flrst year of employment. -25- 3. Annua~ly ~hereaf~er on or about the employee's date of entrance ann~versary. If the C~ty Actorney or h~s/her des~gnee fa~ls to conduc~ a performance evaluation on or before ~ts due date, the employee shall adv~se the C~ty Attorney in wr~t~ng that the evaluatlon is past due. The City Attorney or his/her des~gnee shall complete the evaluatlon wlthln fifteen (15) days of sald WYltten notlce and any step l..creases tled to the evaluatlon shall be retroactlve to the pay perlod ln WhlCh the evaluatlon was orlglnally due. B. Tne Clty Attorney may authorlze one or more salary step increases above the normal salary progresslon, as outllned in subsection D of Sectlon 2.02, and/or promotlon to Deputy Attorney II or Deputy Attorney III. The City Attorney shall conslder the employee1s productlvlty, quallty of work and equlty of the employeels pay when maklng a determlnation as to whether or not an e~ployee merlts such an lTICrease. Prlor to, or contemporaneous wlth, the employee'S annual performance evaluatloD, the employee may submlt a wrltten request that he/she be consldered for a multlple step increase and/or promotlon C k~ overall BELOW SATISFACTORY or NOT ACCEPTABLE ratlng may be gl yen on the employee I s prescribed perlodic performance evaluation lf the employee 18 rated BELOW SATISFACTORY or NOT ACCEPTABLE In one or more essentlal job functions, as establlshed by the Clty Attorney, or ln the employee's Job performance taken as a whole Notw~thstanding any provls~on contained herein, there wlll be no lncrease lD wages of any kind as a result of a less than satlsfactory ratlng lD one or more essentlal job functlons, as establlshed by the C~ty Attorney, or in the employee's Job performance taken as a whole. There wlll be no subsequent lncreases in wages until the less than satisfactory rating In an essentlal Job functlon or the employee I s Job performance taken as a whole has lmproved to at least the SATISFACTORY level. An employee who recelves a less than satlsfactory ratlng In an essentlal job functlon, as establlshed by the Clty Attorney, or ~n the employee's overall Job performance taken as a whole shall recelve a follow-up evaluation ln SlX (6) months to assess progress In correctlng performance problems. A follow-up evaluatlon In WhlCh the performance ratlng In the essentlal Job function or in the employee I s overall Job performance taken as a whole 18 stlll less than satisfactory may, at the sole dlscretion of the City Attorney, result ln dlsclplinary action, lncludlng demotlcn or terminatlon. -26- An employee who ~ecei yes an overall performance evaluatlon ratlng of BELOW SATISFACTORY or NOT ACCEPTABLE may request reVlew of the ratlng by a panel conslsting or the Asslstant Clty Attorney, Chlef Deputy Attorney of the employee's divislon and a thlrd Deputy Attorney of the employee's chOlce who shal~ reVlew the ratlng and make recommendatlons to the City Attorney in wrltlng. The Clty Attorney shall consider the recommendatlons of the panel and respond wlth hls/her flnal deC1Slon lncl~dlng reasons, ln wrltlng. D. An employee who recelves an overall performance ratlng of ABOVE AVERAGE or better on hls/her annual performance evaluatlon shall be ellglble to recelve a cash payment of between one (l) LO flve (5) percent of the employee's annual base salary. The assessment of the lndivldual's entltlement to this cash payment shall be based on the employee I s Job performance during the precedlng year In declding whether to award such a bonus payment to an ellglble employee and, If so, In what amount, the Clty At torney shall consider the employee's productl Vl ty, quallty of work, and equlty of the employee's pay Sald payments shall be regarded as one-time bonuses and shall not be considered base salary in computlng subsequent salary adjustments. If allowed by the PERS regulatlons, such payments shall be considered subJect to PERS contrlbutlons. The bonus payment, if any, shall be made withln th1rty (30) days of the date on WhlCh the employee recelves hls/her performance evaluatlon and shall be based on the annual base salary ln effect on the employee's annlversary date In addltlon, an employee who has reached the maXlmum base salary established for a Deputy Attorney III posltion and who has been at that salary step for at least one (1) year and whose most recent performance ratlng 1S overall ABOVE AVERAGE or better shall be ellgible on hls/her annlversary date to receive a cash payment of flve (5) percent of hls/her annual base salary. The ratlng upon WhlCh thlS payment shall be based shall be the assessment of the lndl vldual conducted :tn the preced~ng year, pursuant to thlS Seetlon of the Agreement. Bald payments shall not be consldered base salary in computlng subsequent salary adJ ustments but, If allowed by the PERS regulations, shall be subJect to PERS contrlbutlons. The bonus payment, lf any, shall be made wlthln thlrty (30) days of the date on which the employee recelves hls/her annual performance evaluation and shall be based on the annual base salary ln effect on said annlversary date. -27- ~ 5.04 Employment Separatlo~S A. Reductlons ln Force PAUl and each af=ected member of PAU, shall be provided thlrty (30) days' actual, wr~tten notlce of any reduction ln force (i.e., layoff resultlng from a reductlon of the number of Deputy City Attorney positlons budgeted ln the Clty'S Adopted Budget) by the abolitlon of any posltlon(s) held by non-temporary employee(s). No employee shall be termlnated pursuant to thlS provlslon pY10r to eXplratlon of the notice perlod -28- ARTICLE VI EMPLOYER/EMPLOYEE RELATIONS 6.01 Payroll Deductlons It is mutually understood and agreed that the Clty, subject to the provlsions of Ordinance No. 801 (CCS) and durlng the term of thlS MOU, shall deduct and reffilt to the offlce or offlcer deslgnated In the employee payroll deduction authorlzation recognlzed employee organlzation dues, credlt union investments or payments, health and hospltalization lnsurance premiums, and llfe and accldent lnsurance programs. ~.. - -- ~ 6 02 Reasonable Notice A copy (via the Dnlted States Postal Service) of the Clty Council and/or Personnel Board agenda for each meetlng mailed to the authorlzed representatlve of the Recognized Employee Organlzation shall constitute reasonable wrltten notlce, and notice of an opportunlty to meet wlth such agencles, on all matters within the scope of representation upon whlch the Clty Councll or Personnel Board may act. 6.03 Time Off For Assoclatlon BUSlness Authorlzed Assoclation representatl ves shall be allowed to utillze a total of forty (40) hours of tlme off wlth pay durlng each calendar year to conduct necessary Associatlon bUSlness. These forty (40) hours per annum represent the aggregate maxiMum use for all authorlzed representative& of the ASSOClatlO~ per annum. 6.04 Grievance and Complalnt POI1CY In the event any grlevances, dlsputes or dlsagreements arlse concernlng the matters wlthl~ ~he scope of representation of the Recognlzed Employee Organlzatlon, such grlevances, dlsputes or disagreements shall be resolved as follows: Grlevances, dlsputes or dlsagreements concernlng the lnterpretation or appllcation of the terms of thlS MOD shall be resolved, lf posslble, by meetlng and conferring ln good falth. If unresolved by such meetlngs wlthln flve (5) worklng days the partles shall conslder submlttlng such lssues to mediation as provided by Ordlnance No. 801 (CCS). If either party cannot agree to mediatlon wlthin flve (5) working days, the partles shall then select a grlevance board made up of~one (1) representatlve of PAU, one representative from management, -29- and a thlrd who shall be a member of the State Concll~at~on SerVlce who shall also ac~ as chalrperson. The declslon of the board shall be blnding subject to approval af the City Cauncll -30- IN WITNESS WHEREOF, the partles hereto have caused thlS MemoranduF of Understandlng to be executed thls 9th day of June J 1999 PG~LIC ATTORNEYS UNION CITY OF SANTA MONICA David Armstrong PAD Representative John Jallli City Manager Adam Radinsky PAD Representative Barry Rosenbaum PAD Representatlve A?PROVED AS TO FORM: ATTEST: Marsha Jones Moutrie Cu::y Attorney Clty Clerk f~k.:: f."'SU 1:;98-;2;}:):'1 -31-