SR-12-B (34)
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Council Meeting: December 3, 1991
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Santa Monica, California
TO:
Mayor and City Council
FROM:
City Staff
SUBJECT:
Resolution Authorizing the City Manager to Execute
a Memorandum of Understanding with the Management
Team Associates (MTA)
INTRODUCTION
This report requests that Council adopt the attached Resolution
authorizing the City Manager to execute a Memorandum of
Understanding (MOU) with the Management Team Associates.
BACKGROUND
The MOU with the Management Team Associates expired on June 30,
1991. Negotiations to replace the expired MOU commenced on March
29, 1991, and resulted in the attached MOU. This new agreement
was ratified by the membership of MTA on November 25, 1991.
This agreement includes cost of living adjustments for FY91-92
and FY92-93; eliminates overtime compensation and the accrual of
compensatory time as of January 1, 1992; increases the amount the
City contributes towards the City's deferred compensation plan as
of January 1,
1992; increases the amount that the City
contributes towards the cost of medical insurance, but retains a
"cap" on the City's contribution towards the cost of medical
insurance coverage for employees and dependents; as of July 1,
1992, increases the number of management leave days, increases
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the pool available for the performance bonus program, and
increases coverage under a term life insurance plan; and makes
some other minor economic and non-economic changes.
FINANCIAL/BUDGET IMPACT
Funds have been included in the adopted budget.
RECOMMENDATION
it is recommended that Council adopt the attached Resolution
authorizing the city Manager to execute the attached Memorandum
of Understanding (MOu) with the Management Team Associates.
Prepared By: Karen Bancroft
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RESOLU~ION NO. 8333{CCS)
(CITY COUNCIL SERIES)
A RESOLVTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACTHORIZING THE CITY ~~NAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
MANAGEMENT TEAM ASSOCIATES
WHEREAS, the City Administration and
representatives of the Hanagement Team Associates have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages, hours and other terms and conditions
of employment: and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of
the City of Santa Mon~ca requires preparation of a wr~~ten
Memorandum of Understanding between the administratlon and
employees if an agreement can be reached: and
WHEREAS, Section 2.06 of Ordinance 801 (CCS)
further provides that any such Memorandum of Understanding shall
not be binding unless and until presented to the governlng body
for determination; and
~>JHEREAS , the purpose of the Hemorandum of
Understanding is to promote and provlde harmonious relatlons,
cooperation, and understandlng. bet\"leen the City and the
Management Team Associates:
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NON, THEREFORE, THE CITY COUNCIL OF THE CI'TY OF
SANTA MONICA DOES RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Santa
Honica does hereby approve and author~ze the city Hanager to
execute the Memorandum of t:nderstanding executed by the
Management Team Associates, a copy of which is attached hereto.
section 2.
The City Clerk shall certify to the
adoption of this Resolut~on, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
n.v~ "-.
ROBERT 11. HYERS
City Attorney
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Adopted and approved this 3rd day of December, 1991.
ct:~~
i Mayor
I hereby certify that the foregoing Resolution No. 8333(CCS)
was duly adopted by the city Council of the City of Santa Monica
at a meeting thereof held on December 3rd, 1991 by the following
Council vote:
Ayes: Counc~lmembers: Abdo , Holbrook, Olsen, Vazquez,
Zane, Genser
Noes: councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: Katz
ATTEST:
./~~/:&rY~
City Clerk /
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ARTICLE I:
MEMORANDL~1 OF UNDERSTANDING
BE Tt<1EEN
CITY OF SANTA MONICA, CALIFORNIA
AND
MANAGEMENT TEAM ASSOCIATES
TABLE OF CONTENTS
GENERAL PROVISIONS
1. 01
1. 02
1. 03
1. 04
1. 05
1. 06
1. 07
1. 08
1. 09
1.10
1.11
1.12
1.13
1.14
1.15
ARTICLE II:
Parties to Memorandum........................... 3
purpose. .. . . . .. .. .. . .. . .. .. . .. .. .. . . III .. . III II .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .... 3
Term of Agreement II .. .. ... .. .. .. .. .. .. .. .. .. .. III III III .. .. .. .. .. .. ... .. . .. .. .. .... 4
City council Approval...... ................. .... 4
Recognized Employee Association Name...... ...... 4
Scope of Representation.... ...... ........... .... 4
Full Understanding, Modification and Waiver..... ~
Management Rights Reserved... ................... 5
Peaceful Performance of city Service....... ..... 6
Validity of Memorandum of Understanding......... 6
captions for Convenience... ........... .......... 7
Equ.al Employment................................................................ 7
Def ini tions.. .. .. .. .. .. .. .. .. .. .. III .. .. .. .. .. .. .. .. .. ... .. .. .. ... .. .. .. .. .. .. .. .. .. .... 7
Overpayment Remedy. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
PaYments at Termination...... ...................10
COMPENSATION
2.01
2.02
2.03
2.04
2.05
2.06
ARTICLE III:
Effective Date of Pay Increase........ ........ ..11
Sal ar ies.. .. .. .. .. .. .. .. .. .. ... .. .. .. ill .. .. .. II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 11
Overtime.. .. .. .. .. .. .. II .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12
Promotional Pay Rate.................. . . . . . . . . . .13
Y -Rat ing.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 13
Pay for serving in a Higher Job Classification..14
SUPPLEMENTAL BENEFITS
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
Health Insurance Programs........... .... ........15
Retirement. .... .. .. ..... .. .. ill .. .... .. .... II .. .. ... . . .. . . .. . . ... .. . . .15
Tuition Reimbursement......... ...... ......... ...16
Deferred Compensation................ ...........17
Mileage Reimbursement and Energy Conservation...17
Mental Health Insurance..... .......... ..........18
Term Life Insurance............................ .18
Long Term Disability Insurance..... ....... ......18
Recognition of Exceptional Performance... .......18
Performance Based Increases.. ......... ...... ....19
Sick Leave Buy Back.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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ARTICLE IV:
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LEAVES
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
ARTICLE V:
Paid Hol idays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Vacation Leave........................ II . .. .. .. .. .. .. .. .. .. II .. .. .. .. II .. .. .. 24-
sick Lea veil .. .. .. . .. .. .. .. .. .. .. . . .. oil .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. 2 5
Leave of Absence Without Pay.............. ......26
Military Leave....... .. .. .. .... .. .... 41 .... .. .. .. .. .. .. .. III III ... .. .. .. .. .. .. .. .. .. 26
Workers' Compensation Leave. ... ............ .... .26
Jury Du t y.. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. . .. oil . ... .. .. .. .. . .. .. .. .. .. ... .. .. oil III 2 6
Bereavement Leave. ..............................26
Management Leave............................................................. 27
Parental Leave.......... III .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 28
WORKING CONDITIONS
5.01
5.02
5.03
ARTICLE VI:
6.01
6.02
6.03
Safety and Loss Prevention...................... 29
Effect of Job Performance on Salary......... ....29
Employee Parking................................ 30
EMPLOYER/EMPLOYEE RELATIONS
Payroll Deductions... ..................... ... ...31
Reasonable Notice. ... ...........................31
Grievance and Complaint Procedure............ ...31
EXHI BIT A.................................................................. 35
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1. 01
ARTICLE I: GENERAL PROVISIONS
Parties to Memorandum
1. 02
This Memorandum of Understanding has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
city of Santa Monica, which Ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the City Manager on behalf of
management officials of the City and by the MANAGEMENT
TEAM ASSOCIATES (MTA), and on behalf of employees
occupying the line-item full-time employment position
classifications set forth in Exh~bit A which is attached
hereto and made a part hereof.
In the event new job classifications are created which
are proposed to be added to the MTA un1t, the Municipal
Employee Relations Officer will notify MTA prior to the
Personnel Board and City Council considerations of the
new classifications. Any classifications proposed to be
added to the unit shall be mutually agreed upon in
writing and will become effective upon execution by the
President of MTA and the Municipal Employee Relations
Officer.
As of January 1, 1992, the following position
classifications will no longer be represented by MTA.
However, an incumbent in any of these classifications as
of December 31, 1991 will have the option of being
"grandfatheredfl in that he/she will continue to receive
MTA benefits, as set forth in this Agreement and any
subsequent Agreements, as long as he/she continues to
hold the position classification in question OR of
transferring to the Supervisory Team Associates (STA)
bargaining unit and receiving STA benefits, as set forth
in the STA Agreement and any subsequent STA agreements.
This will be a one-time option given to affected
employees.
Auditorium Operations Supervisor
Recreation Supervisor
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the City and the employees covered
herein; to provide an orderly and equitable means of
resolving differences which may arise under this
memorandum I and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by MTA.
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1. 03
1. 04
1. 05
1. 06
Term of Agreement
This Agreement shall be effective as of the 1st day of
July 1991 and shall remain in full force and effect until
the 30th day of June 1993. It shall be automatically
renewed from year to year thereafter, unless either party
shall notify the other in writing not later than March 1
of each year that it desires to terminate or modify this
Agreement, and specifically indicates requested
modifications. In the event that such notice is given,
negotiations shall begin no later than April 1 with a
signed contract desired July 1.
city council Approval
This MOU is of no force or effect whatsoever unless or
until ratified and approved by resolution duly adopted by
the City council of the City of Santa Monica.
Recognized Employee Association Name
The MTA is hereby acknowledged as the Recognized Employee
Organization representing only the permanent line-item
employment position classifications set forth in Exhibit
A (which is attached hereto and made a part hereof)
pursuant to Section 3.04 (c) of Ordinance No. 801 (CCS).
It is the mutual understanding of the parties hereto that
acknowledgment of the MTA as the Recognized Employee
Organization:
A.
Does not preclude employees
position classifications
themselves ir.dividually in
relations with the city.
in such
from
their
employment
representing
employment
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
classifications concerning their employment
relations with the city.
Scope of Representation
The scope of representation of the Recognized Employee
Organization shall include all matters relating to
employment conditions and employer-employee relations
incl uding , but not 1 imi ted to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance No. 801 (CCS).
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1. 07
1. 08
Full Understanding, Modification and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly wi thin the scope of representation as
outlined in section 2.05 of Ordinance No. 801 (CCS).
This MOU constitutes the full and complete agreement of
the parties and there are no others, oral or written,
except as specified in this Agreement. The parties are
not bound. by any past practices or understandings of
either party unless such past practices or understandings
are speclfically stated in this MOU except that
provisions or conditions not specifically changed in this
or previous HOU's shall be as prescribed by the Civil
Service provisions of the Santa Monica City Charter and
the Santa Monica Municipal Code. Each party, for the
term of this MOU, specifically waives the right to demand
or petition for changes herein, whether or not the
subjects were known to the parties at the time of
execution hereof as proper subjects within the scope of
representation as outlined in Section 2.05 of Ordinance
No. 801 (CCS).
Management Rights Reserved
The city retains all rights not specifically delegated by
this Agreement, including, but not limited to, the
exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees.
suspend,
schedule,
hire, promote,
transfer, assign,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determine the overall mission of the unit of
government.
F.
Maintain and improve the efficiency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the mission
of an agency in situations of emergency.
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1. 09
1.10
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwise
specified above or by collective agreement.
Peaceful Performance of City Service
It is mutually understood and agreed that participation
by any employee in a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specific written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of the
parties hereto will participate in, encourage,
assist or condone any strike, concerted work
stoppage, cessation of work, Slow-down, sit-down,
stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of City services.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slOW-down,
sit-down, stay-away, picketing or any other form of
interference with or limitation of the peaceful
performance of city services, the city, in addition
to any other lawful remedies or disciplinary
actions, may by action of the City Manager cancel
any or all payroll deductions, prohibit the use of
bulletin boards, prohibit the use of City
facl.lities, and prohibit access to former work or
duty stations.
c. Neither the employee organization, nor any person
acting in concert with them, will cause, sanction,
or take part in any strike, walk-out, sit-down,
slow-down, stoppage of work, picketing, retarding of
work, abnormal absenteeism, withholding of services,
or any other interference with the normal work
routine. The provisions of this Article shall apply
for the same term as this Agreement, or during any
renewal or extension thereof. Violation of any
provision of this MOU by the Recognized Employee
Organization shall be cause for the City, at its
sole option, to terminate this Agreement in addition
to whatever other remedies may be to the City at law
or in equity.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
Validity of Memorandum of understanding
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
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. ,
1.11
1.12
1.13
The parties hereto shall immediately commence to
negotiate for the purpose of replacing any such invalid
or illegal provision.
Should any change be made in any Federal or state law, or
in any rules and regulations implementlng such
legislation, or in any City Charter provision or Santa
Monica Municipal Code provision which would be applicable
and contrary to any provision herein contained, then such
provision of this MOU shall be automatically terminated,
but the remainder of this MOD shall remain in full force
and effect. Such legislation and/or rules and
regulations shall supersede this MOU and applicable
clauses shall be substituted for those ruled invalid or
illegal. The parties hereto shall immediately commence
to negotiate for the purpose of replacing any such
invalid or illegal provision.
Captions for Convenience
The captions herein are for convenience only and are not
a part of this MOil and do not in any way limit, define,
or amplify the terms and provisions hereof.
Equal Employment
It is agreed by both parties to this MOil that management
officials play a special role in achieving equal
opportunity in selecting, training, promoting, and
disciplining employees. The parties hereto will work in
partnership with the Personnel Department to ensure full
compliance with the letter and spirit of all applicable
local, state, and Federal laws, rules and regulations
governing equal opportunity and with the Affirmative
Action Program and Sexual Harassment Policy of the City
of Santa Monica which are incorporated by reference
herein. Both parties acknowledge that progress in
meeting affirmative action goals and the maintenance of a
harassment-free work environment are appropriate
indicators of performance of an employee subject to this
MOil.
Definitions
The following definitions are to be applied in the
interpretation of this MOD:
A. "Salary Range" shall mean the normal five step (A
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position classification within the City work force,
unless changes to the payroll system make a range of
ten (10) steps possible, as described in Section
3.10 of this MOD.
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B. "Salary Range Steps A through E" for each employment
position classification within the city work force
shall mean and be established to bear the following
percentage relationship to Salary Range Step E
computed to the nearest dollar. Normal progression
through the range toward E step shall be in annual
step increments contingent on satiSfactory service.
step A - 81% of step E
Step B - 85% of step E
Step C - 90% of Step E
Step D - 95% of step E
Step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is fifty (50) cents or less
and the next higher dollar when the computed amount
is fifty-one (51) cents or more.
D. "Line-item position" shall mean a position which is:
(1) specifically itemized in the personnel schedule
of the annual budget of the City of Santa
Monica, and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage
of the full-time forty (40) hour week. Other
frlnge benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-time basis.
E. "Permanent Employees" shall mean:
(1) A person who is legally an incumbent of a
line-item position, full or part-time; or
(2) A former incumbent of a line-item position on
authorized leave of absence from a regularly
budgeted position which position is held
pending the employee'S return.
The term "permanent employee" shall not be construed
to imply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to his/her status under the Municipal Code and City
Charter and applicable State law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City of
Santa l1onica, either by original employment,
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. .
1.14
re-employment or promotion. The date of entrance
for employees with broken service shall be
considered as the date on ~lhich the last unbroken
service was effective.
G. "Satisfactory Service" shall mean the attainment of
an overall rating not less than "Competent" on the
performance report associated with the employee I s
most recent date of entrance anniversary.
H. "Full-l'ime ~vork Week" shall mean forty (40) hours.
(1) Incumbents of line-item positions employed in a
work week less than that defined as the
full-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
budgeted for that position bears to the
full-time work week~ incumbents of line-item
positions employed in a work week greater than
that defined as the full-time work week shall
be compensated for hours in excess of the
full-time work week on the basis of and in
accordance with the provisions of the Article
hereof relating to overtime.
(2) Incumbents of line-item positions regularly
working less than the full-time work week shall
accrue vacation, sick leave and other time off
in the same ratio as the average number of
hours they work per week is to the full-time
work week for the position occupied. other
fringe benefits shall be provided to part-time
employees covered herein as if they were
employed on a full-time basis.
I. "Pay" shall mean compensation for regular hours
worked, sick leave, vacation, bereavement leave,
hol idays , management 1 eave days, compensatory time
off and/or jury duty.
J. "In Pay status" shall mean earning pay.
K. "Completed Calendar Month of Serviceu shall mean a
calendar month in which an employee has been in pay
status for eleven (11) or more working days.
L. "Base Rate" shall mean the hourly rate for the
employee's salary step excluding any special
assignment, bonus pays or other compensation.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
City for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
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1.15
notifies the affected employee in writing. Reimbursement
may be accomplished by a lump-sum deduction made on the
next subsequent employee payroll warrant following
overpayment notification, or by other reasonable
re-payment method mutually acceptable to the employee and
the City, except that the lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee.
Payments at Termination
When permanent employees covered herein leave the service
of the City of Santa Monica, they shall be entitled to
lump-sum payoff of vacation leave, unused management
leave days and unused accrued compensatory time only. No
claim shall be made against the City for the use or
payment of unused s1-ck leave, nor shall the effective
date of termination be extended by the use of
compensatory time, sick leave, vacation or other leave
days.
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2.01
ARTICLE II: COMPENSATION
2.02
Effective Date of Pay Increase
Notwithstanding any other provision contained herein,
changes to the salary range and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the following
payroll period.
Salaries
Salaries of city employees in line-item positions shall
be on a monthly rate, paid on a bi-weekly equivalent
basis. In lieu of the bi-weekly equivalent to a monthly
rate, the city Manager may fix the compensation of any
pos~t~on at an hourly rate. In positions for which the
work week is forty (40) hours, the hourly rate shall be
determined by dividing the bi-weekly rate by eighty (80).
A. Effective July l, 1991, the E-step salaries of
employees covered herein shall be increased by 4.7
percent.
For the following classifications, the salary
increase provided in Subsection A of this Section
shall be applied to the following E-step salaries,
which reflect an equity adjustment. For the
purposes of this Section, the E-step salary for all
other classifications covered herein shall be that
E-step salary in effect as of June 30, 1991.
Assistant city Clerk
Accounting Manager
Community & Neighborhood Services
Manager
Housing Program Manager
Revenue Manager/City Treasurer
Water Production Treatment
Superintendent
$4,359
5,247
5,670
5,670
5 , 715
5,115
B. Effective July 1, 1992, the E-step salaries of
employees covered herein shall be lncreased by a
minimum of four (4) percent, OR, if higher, by an
amount equal to the percentage increase in the
"cost-of-living" index as measured by the Consumer
Price Index (for Urban Wage Earners and Clerical
Workers, 1967 = 100) for Los Angeles-Riverside-
Anaheim, California, published by the U.S.
Department of Labor, Bureau of Labor statistics, for
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2.03
the base period of
However, in no event
eight (8) percent.
April, 1991 to April, 1992.
shall said adj ustment exceed
C. A given classification covered by this MOU will be
eligible to receive an equity adjustment providing
that the compensation study conducted by the city of
Santa Monica substantiates the need for an equity
adjustment to bring the salary range of that
classification in line with the mean salary paid to
the same classification found in comparable cities.
The City will be willing to receive and evaluate any
salary comparison data that MTA might want to make
available regarding an equity adjustment for a given
classification. Should a compensation study
indicate that a given job classification is
currently being paid above the mean salary paid to
the same classification found in comparable cities,
the salary range of that classification will remain
unchanged. Internal equity factors will also be
taken into consideration, as deemed appropriate by
the City, when determining whether or not an equity
adjustment for a given classification is warranted.
Equity adjustments described herein will be
considered on an annual basis, either as a part of
the annual budget process if no MOU negotiations
should be occurring during the year or as a part of
the MOU negotiations process should the MOU be up
for negotiation.
Overtime
Through the payroll period ending December 28, 1991, when
employees covered herein work more than forty (40) hours
in one (1) week, they shall accrue compensatory time on
an hour for hour (straight time) basis to a maximum of
forty (40) hours. When employees have accrued forty (40)
hours of compensatory time, they shall be paid on an hour
for hour basis at the straight time base rate so long as
forty (40) hours of compensatory time remains unused.
When accrued compensatory time drops below forty (40)
hours, overtime shall again be compensated by hour for
hour accrual until the forty (40) hour maximum is again
reached.
All overtime must have the prior approval of an
authorized management official. si tuations in which an
employee accrues more than 125 hours of overtime prior to
December 29, 1991, may be subject to review by the city
Manager.
If an employee has made a good faith effort to use
accrued compensatory time before December 29, 1991, and
if the Department Head certifies by letter accompanying
the final timecard for the pay period ending December 28,
1991 that compensatory time could not be used due to
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2.04
2.05
press of business, the employee shall be paid the
straight time value of the accrued time at the employee's
base rate. If no good faith effort has been made, the
compensatory time shall be forfeited with no
compensation.
As of December 29, 1991, employees covered herein will
become exempt employees under the exemption of the Fair
Lahor standards Act (FLSA) as it may be applicable to
public agency employees. As a result, employees covered
herein will not have to account for their work time on an
hourly basis and will only need to account for each full
day of absence which occurs on a regularly scheduled work
day. Employees covered herein, as exempt employees, will
no longer be eligible to accrue compensatory time or be
paid overtime.
Promotional Pay Rate
If a permanent employee covered herein is promoted and
his/her salary is equal to or greater than the entrance
salary of the promotional classification, the employee's
salary shall be increased to the next higher salary rate
which provides a minimum five (5) percent salary
increase, provided, however, that in no event shall the
salary rate exceed the maximum salary rate for the new
classification. In the event the promotion is to a
supervisory position, the employee promoted shall receive
not less than the next higher salary rate which provides
a minimum five (5) percent increase above the highest
salary rate being paid to any subordinate, provided,
however, that in no event shall the salary rate exceed
the maX1mum salary rate for the new classification.
A reclassification of a permanent employee covered herein
to a higher level job classification will be considered a
promotion and the employee's salary shall be increased to
the higher salary rate in the new classification which
provides a minimum of five (5) percent salary increase,
provided, however, that in no event shall the salary rate
exceed the maximum salary rate for the new
classification.
Y-Rating
When a personnel action, e.g., demotion due to layoff or
reclassification, results in the lowering of the salary
range of a permanent employee covered herein, the
incumbent employee's salary may be Y-rated. "Y-rated"
shall mean the maintenance of the employee's salary rate
at the level effective the day preceding the effective
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rated salary. Any
MTA member whose position is abolished shall be demoted
- 13 -
2.06
to the highest position under the member's supervision
for which he/she qualifies and subject to the "Y-Rating"
provisions above.
Pay for Serving in a Higher Job Classification
When, in the determination of the Department Head or city
Manager, it is necessary to specifically assign an
employee the significant duties and responsibilities of a
higher classification, the employee so assigned shall be
compensated as follows:
A. If the position is temporarily vacant due to the
vacation, long-term sick leave or other temporary
absence of the employee in the higher
classification, with said absence to be a minimum of
twenty (20) consecutive work days, the employee
temporarily assigned shall receive the salary rate
for the vacant classification at the lowest salary
step which provides an increase of at least five (5)
percent over his/her current salary for all such
work days assigned in the higher classification. If
the assignment was not projected to be a minimum of
twenty (20) consecutive work days, but ends up being
at least twenty (20) consecutive work days in
length, the employee filling that higher
classification will receive the higher rate of pay,
as spelled out in this Section, retroactive to the
first day of the assignment. The City shall not
rotate employees in and out of the higher position
classification assignments in order to avoid paying
said compensation.
B. If the position to be filled is vacant and there is
not valid eligible list for the classification, the
Department Head or City Manager, if he/she has
initiated procedures to fill the vacancy on a
permanent basis, may assign an employee who meets
the minimum qualifications of the vacant position to
fill the position on a temporary detail (acting)
basis. The employee so assigned shall receive the
salary rate for the vacant classification at the
lowest salary step which provides an increase of at
least five (5) percent over his/her current salary.
If an eligible list exists for the vacant position,
the Department Head shall appoint an employee frc~
the eligible list at the earliest possible date, and
the provisions of this paragraph shall be applicable
to the employee assigned to cover the vacancy in any
interim period.
Nothing in this Section shall require the city to make
temporary assignments of employees.
- 14 -
ARTICLE III: SUPPLEMENTAL BENEFITS
3.01
Health Insurance Programs
Effective July 1, 1991, the City agrees to pay up to a
maximum of $435 per month towards the cost of medical
insurance coverage for employees and eligible dependents
provided that employees covered herein participate in the
ci ty-offered medical insurance programs. The cost of
medical insurance coverage will be set each medical plan
year and will be a "composite" monthly premium derived by
dividing the total monthly premium for all medical plans
offered by the City, except the PERS PORAC medical plans
or any other PERS medical plans, by the total number of
employees enrolled in said medical plans as of the
beginning of the medical plan year. Any extra payment
required under such plans shall be paid by the employee
electing such coverage.
Effective July 1, 1992, the maximum amount up to which
the city agrees to pay towards the cost of medical
insurance coverage will be equal to the highest medical
insurance premium contribution cap established for any of
the City I s other bargaining units or the Executive Pay
Plan members, excluding any premium contribution cap
established for the PERS PORAC medical plans or any other
PERS medical plans. The same terms and conditions
outlined in the first paragraph of this section will
still apply.
Dental insurance coverage shall be provided at no cost to
the employees and their eligible dependents provided that
employees covered herein partic~pate in the CitY-Offered
dental insurance programs.
The City agrees to continue to provide vision care
insurance, at no cost, to employees covered herein. The
city retains the right to select the provider and to set
the levels of coverage for said vision care insurance
plan. The City also retains the right to change the
provider of said vision insurance plan and/or the level
of benefits provided under that plan without meeting and
conferring.
3.02
Retirement
The City is a contract member of the Public Employees'
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility classification, contribution, and benefits
are as prescribed in the contract between the city and
the Public Employees I Retirement System heretofore
approved by the City Council. The City shall continue
- l5 -
3.03
of each permanent employee covered
(lOO) percent of the individual
the required retirement contributions
(7) percent of the employee's
defined by PERS legislation] for the
to pay on behalf
herein one-hundred
employee's share of
to PERS [seven
"compensation" as
term of this MOD.
These payments are not increases of salary and no salary
range appl,~ ~able to any of the affected employees shall
be changed cr be deemed to have been changed by reason of
such payments; as a result, the city will not treat these
payments as ordinary income and thus, will not withhold
Federal or state income tax therefrom. The City's
practice will be to report these payments as being those
of the employees so that they will be credited to the
particular employee's individual account with PERS and
upon termination will belong to the employee.
It is agreed that if State and/or Federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
Tuition Reimbursement
The City will budget annually sufficient funds to provide
each permanent line-item employee of the MTA tuition and
required study material reimbursement for career
improvement or job enhancement courses approved by
authorized department management officials and subject to
appeal to and approval of the Director of Personnel.
Reimbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, provided, however, that:
A.
The maximum annual
individual employee
dollars ($1000.00).
amount of reimbursement per
shall not exceed one thousand
B. The course of study must be approved in advance by
authorized department officials and the Director of
Personnel.
c. The course must be directed to qualify the employee
for an employment position represented in the city
work force or to enhance current job skills.
D. The employee must exhibit some reasonable
expectation of qualifying for the new position upon
successful completion of the study course if that
was the reason for the course.
E. Reimbursement shall be made upon successful
completion of the pre-authorized course and upon
presentation of receipts and proof of satisfactory
course completion.
- 16 -
3.04
3.05
F. In no event shall the city's reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from any outside
source, plus the normal city reimbursement, exceeds
the cost of tuition and study material for the
approved study course.
G. only employees who have completed a probationary
period with the city shall be eligible for this
program.
H. Courses for which tuition reimbursement will be made
must be taken on the employee's time or on
authorized vacation leave.
Deferred compensation
Each employee covered herein will be offered
participation in the City's deferred compensation plan.
Effective July 1, 1991 through December 31, 1991, the
City agrees to contribute to the plan the amount the
participating employee is contributing to the plan on
his/her behalf, but not to exceed seventy-five (75)
dollars per month for any participating employee.
Effective January 1, 1992, the City agrees to contribute
to the plan three hundred-twenty five (325) dollars per
month per participating employee. In addition, the City
further agrees to contribute to the plan the amount the
participating employee is contributing to the plan on
his/her behalf, but in no event shall said additional
amount exceed seventy-five (75) dollars per month per
participating employee. The City' 5 contribution under
this Section shall not exceed four hundred (400) dollars
per month per participating employee.
Mileage Reimbursement and Energy Conservation
Reimbursement to permanent employees covered herein for
the authorized use of personal automobiles on city
business shall be at the rate authorized by the city
Council. Reimbursement rates will be considered in
preparing budget recommendations at least every two (2)
years.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered herein who submits, on the city form, a
record of his/her trips (home to worksite, or worksite to
home) during the preceding month. The Santa Monlca
Municipal Bus Line route number and the bus number used
Dor each trip must be entered on the reimbursement form.
Any employee who has not been issued a City parking pass,
or who VOluntarily turns in his/her parking pass, shall
be eligible to receive forty (40) tokens per month under
the terms described above.
- 17 -
3.06
3.07
3.08
3.09
Mental Health Insurance
provide mental health insurance
to permanent employees and their
provided that employees covered
the city-provided mental health
The City agrees to
coverage, at no cost,
eligible dependents
herein participate in
insurance program.
Term Life Insurance
The city agrees to maintain at no cost to the employee a
term life insurance plan for permanent employees covered
herein, with individual coverage of not less than
$35/000.
As of July 11 1992, the city agrees to maintain at no
cost to the employee a term life insurance plan for
permanent employees covered herein, with ~ndividual
coverage of twice the employee' 5 annual base salary.
This term life insurance plan will replace the plan
listed in the first paragraph of this Section.
Long Term Disability Insurance
The city agrees to maintain a long term disability plan
for permanent employees covered hereinl at no cost to the
employee. Coverage shall be maintained under current
terms. The maximum salary upon which benefits are
calculated shall be $6,667.00 per month.
Recognition Of Exceptional Performance
Exceptional performance beyond the established goals and
objectives for employees covered herein may result in a
cash performance incentive of one (1) percent to ten (10)
percent of the employee's annual salary for the past
fiscal year. Such payments shall be regarded as one-time
bonuses and shall not become part of the employee's base
rate. They are subject to retirement contributions.
Employees below the E-step of the salary range may
receive a merit step increase or a cash bonus for
exceptional performance 1 but may not receive both in a
given contract year.
A merit pool, not to exceed five (5) percent of the base
salaries of employees covered herein shall be established
annually from which any and all such payments shall be
made. Nothing herein shall be construed as requiring
that all pooled funds be distributed in any year.
The program p~ocedures shall include 1 at a minimum, that
Department Head recommendations with appropriate
justification be forwarded to the City Manager by July 31
of each year and that the city Manager and Director of
Personnel review the department recommendations for
consistency and resolve resource problems if the
- 18 -
3.10
recommendations total more than the available funds by
August 15. The final recommendations of the City Manager
will be made and communicated to the employees and their
Department Heads during the last week in August and
payment shall be made by September 15.
If, in the opinion of the city Manager, no cash payment
is warranted by an employee'S performance, the employee
shall have the opportunity to present, within ten (10)
days of notification that no payment is due, additional
information that might alter the City Manager's decision.
The decision of the City Manager, after consideration of
any such additional information, shall be final and no
appeal may be taken therefrom. The amount of payment is
not subject to appeal.
It is expressly understood and agreed that the
performance incentive payments described in this section
do not constitute a generally granted increase under
section 1100 of the City Charter and section 2105E of the
Santa Monica Municipal Code and that denial of such
payment does not constitute a demotion.
Upon the execution of this Agreement, a joint
labor-management committee will be established to develop
specific criteria and procedures to be used as the basis
on which each MTA employee will be evaluated to determine
the amount, if any, of his/her merit bonus. This
committee will be comprised of not more than three (3)
MTA representatives and three (3) Department Heads. The
timeline outlined in paragraph three (3) of this section
could be modified as a result of the committee's
recommendation. The committee's recommendations will be
subject to the approval of the City Manager and can only
be implemented 1f said approval is obtained. The
committee will present its initial recommendations to the
City Manager by no later than December 3l, 1992.
As of July 1, 1992, the merit pool described above shall
not exceed six (6)
performance bonuses
The same terms and
shall still apply.
percent and shall apply to the
based on the FY92 - 9 3 fiscal year.
conditions listed in this Section
Performance Based Increases
If during the term of this MOU, the payroll system has
been changed by the City to provide for a ten-step salary
range, the range adopted shall be as follows:
nAil 80.0% of Step liE II
"Aln 82.5% of Step nEn
"B" 85.0% of Step "E"
"Bl" 87.5% of Step "E"
"C" 90.0% of step "E"
"Cl" 92.5% of step "E"
- 19 -
3.11
"D"
"Dl"
"E"
95.0% of step "E"
97.5% of step "E"
100.0%
steps "Al," "Bl, II "Cl," and "Dl" shall be referred to as
lIinterim steps. II
Normal progression through the range shall be as provided
in section 5.02, "Effect of Job Performance on Salary. II
On an employee I s anniversary date, the Department Head
may elect to grant an increase to an interim step, rather
than to the next full step, if performance is rated
Improvement Needed or Unacceptable. A Department Head
may elect to grant an increase of one full step plus one
interim step on the employee's anniversary date if
performance is rated above average or better. In no
event may such increases exceed the E-step of the salary
range for the employee's classification.
sick Leave Buy Back
Employees who are eligible for participation in the
payoff option as described below who previously elected
to accumulate unlimited sick leave have had the option of
electing the payoff option. Future hires shall make
their selection at the time they first become eligible to
elect payoff. Once an employee makes his/her decision to
accumulate unlimited sick leave or to participate in the
payoff program and limit accumulation to one-hundred-
thirty (130) days, the decision is irrevocable.
Employees covered herein have two (2) optional sick leave
programs to choose from. Because the choice is one-time
and irrevocable, employees should carefully consider
their long and short term needs in arriving at a choice.
The two (2) programs are as follows:
A.
Program I - The employee has the annual option
paid for certain unused sick leave on the
noted below or to "bank" unused sick leave
maximum accumulation of one-hundred-thirty
days.
to be
terms
to a
( 13 0)
Payment at the employee I s base rate for the fiscal
year during which the sick leave was earned but not
used shall be made only to employees on the payroll
as of June 30 of that fiscal year. To qualify for
payment an employee must have a sick leave "bankll of
twelve (12) days. For the purposes of this section,
IIbank" shall mean sick leave earned in prior years
and reported in the "sick Leave Balance Brought
Forward from Prior Contract Year" column of the
"Vacation, Sick Leave and Compensatory Time" report
issued by the Finance Department at the beginning of
the fiscal year during which payable sick leave is
earned.
- 20 -
Annual sick leave payoffs under this section for
employees with less than ten (10) years of service
shall be made according to the following schedule:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2 or less
3
4
5
6
7
8 or more
6
5
4
3
2
1
o
Annual sick leave payoffs under this Section for
employees with ten (10) or more years of service
shall be made according to the following schedule,
providing there are enough sick days accrued in the
employee's sick leave bank to cover the payoff
described below:
Sick Leave Days Used
In the Fiscal Year
Sick Leave Days Payable
At Fiscal Year End
2 or less
3
4
5
6
7
8
9
10
11
12
13
14 or more
12
11
10
9
8
7
6
5
4
3
2
1
o
It is mutually acknowledged by the parties that the
use of Code 40 or other time off not appropriately
scheduled in advance will disqualify an employee
from eligibility for payment under this Section.
Sick leave for which payoff is received shall be
considered uusedu in that it will not be added to
the "bankll (or if added to the "bankll prior to the
payoff date shall be removed from the "bank~).
sick leave payoffs under this Section shall be made
by separate check by the end of July following the
fiscal year in which the payable sick leave was
earned.
For the purposes of this Section, sick leave days
subj ect to payoff at the end of the fiscal year
- 21 -
shall be paid on the basis of eight (8) hours pay,
at the employee's base salary rate of pay, for each
sick leave day eligible for payoff.
B. Program II - The employee has no option for pay for
unused slck leave and "banks" unused sick leave
with no limit or maximum accumulation.
- 22 -
ARTICLE IV: LEAVES
4.01
Paid Holidays
Employees covered here~n shall receive paid holidays as
provided below:
New Year's Day - January 1
Martin Luther King's Birthday - Third Monday in
January
Lincoln's Birthday - February 12
Washington's Birthday - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Thanksgiving Day - Fourth Thursday in November
The Friday Following Thanksgiving Day
The Half-Day Immediately Before Christmas Day
Christmas Day - December 25
The Half-Day Immediately Before New Year's Day
One Floating Holiday
All Other Holidays Declared by the city council
A floating holiday becomes available at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year may be paid to the employee if the
employee enters the day on his/her final timecard for the
fiscal year. If the employee elects to be paid for the
floating holiday at the end of the fiscal year, he/she
will be paid eight (B) hours of pay at the employee's
base salary rate of pay. Failure to take the floating
holiday or to put the holiday on the last timecard for
the fiscal year shall constitute a forfeiture by the
employee.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2) consecutive days off, the day preced1ng shall be
deemed the holiday if it falls on the first day off, and
the day fOllowing shall be deemed the holiday if it falls
on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Employees in departments or divisions observing different
holiday schedules shall, in lieu of holidays listed
above, receive holidays enjoyed by other operating
employees in that department or division, provided,
however, that the same number of holidays [twelve (l2)]
shall be observed.
- 23 -
4.02
Vacation Leave
Employees covered herein shall accrue vacation leave with
pay on the following basis:
A. FOllowing completion of the first six (6) calendar
months of continuous service, six (6) working days.
B.
Thereafter, up to and including five (5)
years of service, one (1) working day
completed calendar month of service.
completed
for each
c. Thereafter, up to and including ten (10) completed
years of service, one and one-quarter (1.25) working
days for each completed calendar month of service.
D. Thereafter, up to and including fifteen (l5)
completed years of service, one and one-half (1.5)
working days for each completed calendar month of
service.
E. Upon completion of fifteen (15) years of service and
thereafter, one and three-quarters (1.75) working
days for each completed calendar month of service.
F. Employees are expected to take their vacation each
year. An employee who has accrued vacation to the
maximums prescribed herein may be required to take
vacation leave in order to reduce the accumulation
balance. The scheduling of vacation shall be
according to department or division policies and
contingent on the service needs of the department.
If an employee is denied the time off required to
maintain a vacation balance below the maximum
allowed, the Department Head shall authorize payment
to the employee for such vacation as would exceed
the maximum accumulation limit. However, if the
employee is scheduled to take vacation and fails or
refuses to do so, he/she forfeits the excess accrual
without compensation.
G. Accrual of vacation leave shall not exceed forty
(40) days.
H. Except as provided herein, the administration or
application of vacation leave provisions and the
limitations on the accumulation, proportionate
accumulation, scheduling and payment for such leave
shall be as prescribed in the civil Service
provisions of the Santa Monica Municipal Code.
I. If an employee covered herein should receive a
payoff for any unused accrued vacation days, said
days shall be paid on the basis of eight (8) hours
pay, at the employee's base salary rate of pay at
- 24 -
';.03
the time of the payoff, for each vacation day
eligible for payoff.
sick Leave
A. The use of sick leave shall be defined as in Section
21041 of the Santa Monica Municipal Code, hereby
incorporated as if set forth in full herein, except
as follows:
sick leave shall be defined as absence from
duty because of the employee's illness or
off-the-job injury, exposure of the employee to
contagious disease as evidenced by
certification from an accepted medical
authority, or medical or dental appointments of
the employee which could not be scheduled
during non-work hours, with proper advance
notification to the Department Head.
B. Employees covered herein shall accrue sick leave
with pay on the following basis, provided that
permanent part-time employees shall accrue sick
leave in that proportion as the number of hours
budgeted for the position bears to the full-time
work week:
(1) Following the completion of the first six (6)
calendar months of continuous service, six (6)
working days.
(2) Thereafter, one (1) working day for each
completed calendar month of service.
c. The foregoing benefits are cumulative subject to the
following restrictions:
(l) No more than one-hundred-thirty (130) working
days may be applied against sick leave for any
one (1) illness.
(2) Accrual of sick leave shall be limited to one-
hundred-thirty (130) working days, unless the
employee has selected the option of unlimited
accumulation provided for in Section 3.11 (B)
above.
D. Any employee who is absent because of sickness or
other physical disability shall notify his/her
Department Head or other immediate superior officer
as soon as possible but in any event in accordance
with department rules and regulations.
- 25 -
4.04
';'.05
4.06
4.07
~.08
Leave of Absence Without Pay
A permanent employee covered herein may be granted a
leave of absence without pay upon application approved by
the Department Head and the City Manager. Such leave may
not exceed one (1) year's time. Upon expiration of the
leave, the employee shall be reinstated to the position
held before the leave was granted. Such leave shall be
granted only in those cases where an employee's record of
service and qualifications make it desirable for the City
to retain the employee's services even at the cost of
some inconvenience to the City.
Military Leave
The city will observe the military leave requirements of
state and Federal law.
Workers' Compensation Leave
Employees covered herein hired by the city on or before
June 30, 1985, receiving disability payments under the
Workers' Compensation Act of California shall receive the
difference between the disability payments under the Act
and full salary during the first ninety (90) days of such
disability absence.
Employees covered herein hired by the City on or after
July l, 1985, shall be entitled to only those Workers'
compensation benefits specified under state law and shall
recelve no salary from the City during a leave for
injuries covered by the Workers' Compensation Act.
Jury Duty
Any permanent employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom, shall receive the regular pay less all jury
fees received excluding mileage, for the time required to
be spent under the jurisdiction of the court. Each
employee receiving a notice to report for jury service
shall immediately notify his/her immediate supervisor.
Whenever daily jury duty scheduling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Employees covered herein may be required to provide proof
of jury service to receive jury duty pay.
Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
- 26 -
4.09
meaning spouse, child, brother, sister, parent,
step-parent, step-brother, step-sister, parent-in-law,
son-in-law, daughter-in-law, grandparent, grandchild or
any relative living in the same household.
Management Leave
The city agrees to grant each permanent employee covered
herein with less than fifteen (15) years of service, five
(5) management days off with pay in partial recognition
of their managerial and sensitive role in employer-
employee relations. A s1xth (6th) management leave day
shall be granted to all covered employees with fifteen
(15) or more years of service. Management days shall be
earned in increments effective at the beginning of each
three (3) month period. For employees with less than
fifteen (15) years of service, the fourth (4th) and fifth
(5th) days shall be earned at the beginning of the last
quarter of the contract year. For employees with fifteen
(15) or more years of service, the third (3rd) and fourth
(4th) days shall be earned at the beginning of the third
(3rd) quarter of the contract year, and the fifth (5th)
and sixth (6th) days shall be earned at the beginning of
the last quarter of the contract year. Payment
equivalent to the employee'S basic salary as of June 30
shall be payable to the employee, upon the request of the
employee, on the first payday following the end of the
fiscal year for any unused management days.
Effective July 1, 1992, the first paragraph of this
Section will be replaced with the following paragraphs,
which shall be in effect for subsequent agreements
between the parties unless the parties agree to change
the terms contained therein.
As partial recognition of the sensitive and demanding
nature of the employer-employee relationship as regards
employees covered here1n, the City hereby agrees to grant
to each employee covered herein eight (8) management days
off with pay to all such employees with less than fifteen
(15) years of service. An additional management day
[total of nine (9) days] shall be granted to all covered
employees with fifteen (15) or more years of service.
Management days shall be earned in increments with two
(2) days available July 1 of each fiscal year i two (2)
additional days available October 1 of each fiscal year;
two (2) additional days available January 1 of each
fiscal year; and two (2) additional days available April
1 of each fiscal year. Employees with nine (9) days
shall earn the extra day as of April 1 of the fiscal
year. Unused management leave days may be paid to the
employee if he/she records them on the final timecard of
each fiscal year or in such other pay periOd required by
the Payroll unit of the finance Department. Unused
cashable management leave days paid to the employee at
- 27 -
4.10
the end of each fiscal year shall be paid on the basis of
eight (8) hours pay, at the employee's base salary rate
of pay, for each management leave day eligible for
payoff.
In addition to the cashable management leave days
described above, each employee covered herein shall be
entitled to two (2) non-cashable management leave days.
The two (2) non-cashable management leavE days shall be
earned in increments with one (1) day ava~~able July 1 of
each fiscal year and one (1) additional day available
January 1 of each fiscal year. These two (2)
non-cashable management leave days shall not be accruable
from year to year if not used in any given fiscal year,
nor shall the employee be compensated for unused
non-cashable management leave days at the end of the
fiscal year. Any unused non-cashable management leave
day(s) shall be forfeited at the end of the fiscal year.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child shall be
entitled to a leave of absence totaling four (4) months
immediately following the child's birth or adoption and
shall be returned to the same line-item position occupied
prior to the leave upon its expiration. Paid vacation
leave and sick leave, if applicable, as well as unpaid
leave shall be counted toward the four (4) month total.
Additional leave may be requested under the provisions of
Section 4.04 of this MOD.
Materni ty leave is not the same as parental leave and
shall be administered in accordance with state and
Federal law.
- 28 -
5.01
ARTICLE V: WORKING CONDITIONS
5.02
Safety and Loss Prevention
The City shall provide a reasonably safe and heal thy
working enVl.ronment in accordance ''lith applicable State
and Federal laws, rules and regulations. MTA agrees that
where safety devices or items of protective equipment are
required or furnished, their use shall be mandatory.
Both parties recognize the role that management officials
play in loss prevention and safety and agree that
measures of loss prevention and safety are appropriate
indicators of performance of an employee subject to this
MOU.
It is mutually agreed that a representative of MTA may
attend meetings of the Administrative Safety Committee
when, in the opinion of such representative, a safety
hazard exists which should be considered by the
Administrative Safety Committee.
Effect of Job Performance on Salary
Normal placement on entry shall be at the A-Step of the
salary range and advancement through the range shall
normally be to B-Step at one (1) year of employment,
C-step at two (2) years of employment, D-Step at three
(3) years of employment and E-Step at four (4) years of
employment.
The city Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experl.ence and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a result of
an UNACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the UNACCEPTABLE rating has
been improved to at least the COMPETENT level. If
overall performance is rated UNACCEPTABLE I the employee
may be dismissed from service, and if two (2) consecutive
performance ratings are marked UNACCEPTABLE, the employee
shall be dismissed by appointing authority for
inefficiency (SMMC Section 2104Al). Any overall rating
in the IMPROVEMENT NEEDED category may delay the next
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5.03
T
scheduled salary step increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least
the COMPETENT level.
Employee Parking
It is hereby agreed that the city will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this Agreement recognize that the city must comply with
Regulation XV issued by the Air Quality Management
District (AQMD) and the City'S Transportation Management
Plan Ordinance. If the use of positive incentives does
not result in the City meeting the compliance
requirements of AQMD's Regulation XV or the City's
Transportation Management Ordinance within one (1) year
of the effective date of this Agreement, it is understood
that the City can implement a charge for parking during
the term of this Agreement in order to meet those
requirements. In addition, if it should become necessary
to charge for parking during the term of this Agreement
in order to comply with any other state or Federal
requirement regarding transportation management, the City
can implement said charge. However, in no event shall
the Ci ty implement such a charge for parking without
meeting and conferring with MTA should any employee(s)
represented by MTA be subject to such a charge.
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~
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01
Payroll Deductions
It is mutually understood and agreed that the City willi
subject to the provisions of Ordinance No. 80l (CCS) and
during the term of this MOUI deduct monthly and remit to
the office or officer designated in the employee payroll
deduction authorization Recognized Employee Organization
dues, credl.t union investments or payments, health and
hospitalization insurance premiums! and life and accident
insurance preml.ums. Any or all of such payroll
deductions are subject to termination by the City Manager
upon twenty-four (24) hours notice for failure to comply
with the provisions of this MOU.
6.02 Reasonable Notice
It is mutually understood and agreed that a copy of the
City Councilor Personnel Board agenda for each meeting
mailed, by U.S. Mail, to the authorized representative of
MTA shall constitute reasonable written notice, and
notice of an opportunity to meet with such agency, on all
matters within the scope of representation upon which the
City Councilor Personnel Board may act.
6.03 Grievance and Complaint Policy
A grievance lS a complaint by one (1) or more employees
concerning the application or interpretation of the MOG,
ordinances, resolutions, policies, practices or
procedures affecting the employee's wages I hours and/or
working condl.tions provlded! however, that grievances
regarding disciplinary actions must be lodged by the
employee being disciplined and that appeals arising from
suspensions, demotions and removals shall be subject to
the procedures outlined in Section 2106B et seg. of the
Santa Monica Municipal Code, and that complaints
regarding performance evaluations shall be subject to the
procedures contained in Section 2104A of the Municipal
Code.
The City agrees that employees shall be afforded all due
process rights provided in applicable law.
The MTA agrees the rights of probationary employees are
limited to those provided under the Santa Monica
Municipal Code or City Charter.
step 1.
The aggrieved employee (s) shall meet ""ith the
l.mmediate supervisor regarding the grlevancel
which must be stated In writing, specifically
cl.ting the MOU provisl.on, ordinance,
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step 2.
step 3.
step 4.
'\
resolution, rule, policy, practice or procedure
that is the subject of the grievance and the
circumstances giving r~se to the grievance
within thirty (30) days of the event giving
rise to the grievance.
If the grievance is not resolved by the end of
the employee's third (3rd) regularly scheduled
day following the day on which presentation of
the grievance to the immediate supervisor
occurred, the employee may, within five (5)
regularly scheduled days, thereafter appeal to
the second level supervisor, if any.
If the grievance is not resolved by the end of
the employee's fifth (5th) regularly scheduled
day following presentation of the grievance to
the second level supervisor, if any, the
employee may, within five (5) regularly
scheduled days, appeal to the Department Head.
The Department Head shall meet with the
employee and the employee's representative to
attempt to resolve the grievance.
If the grievance is not resolved by the end of
the employee's tenth (lOth) regularly scheduled
day following presentation of the grievance to
the Department Head, the employee may, within
five (5) days, appeal to the Director of
Personnel, who will investigate the grievance
and make recommendations to the City Hanager,
whose dec~sion shall be final. The decision of
the City Manager shall be issued no later than
the end of the thirtieth (30th) day following
presentation of the grievance by the Director
of Personnel.
It is mutually understood and agreed that:
A. All time periods in this Section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the MTA within thirty
(30) days of the incident giving rise to the
grievance or within thirty (30) days of its effect
upon the employee in those instances \vhere it is
shown that the employee could not reasonably have
known of the grievable action.
C. Employees shall have the right to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
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, .~
2.
Employees may designate
department or of MTA to
grievance matters at steps
of the grlevance process.
a member of the
represent them In
one (1) and two (2)
3. Employees may designate a member of the
department, an MTA representative, or a legal
representative to represent them in steps three
(3) and four (4) of the grievance process.
4. For the purposes of this section, "days" shall
mean regularly scheduled work days of the
employees in the affected department or
division.
5. Reasonable time off without loss of payor
benefits shall be given to a grievant or MTA
grievance representative to investigate or
process grievances, and to witnesses in any
grievance hearing or meeting held during
working hours.
Before performing any grievance work, MTA
representatives, the grievant or witness shall
obta1n permission from the immediate supervisor and
shall report back to work when the grievance work is
completed. Neither the grievant nor representative
nor witness shall interrupt or leave work if the
supervisor determines that such interruption or
absence will unduly interfere with the work of the
employee. However, if the supervisor denies such
time off when requested, time off must be granted
within twenty-four (24) hours of such request.
D. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any 'day be
coerced, lntimidated or discriminated against.
- 33 -
-' ").
IN WITNESS WHEREOF, the parties hereto have
Memorandum of Cnderstanding to be executed this
t 1991.
caused this
day of
r'~AGEMENT TEM1 ASSOCIATES
Cralg Perkins
President
Ron Fuchiwaki
Janet Shelton
APPROVED AS TO FORM:
{~'t '-"'. ~
Robert H. Myers ~
city Attorney
---.,
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11ANAGEMENT OFFICIALS
CITY OF SANTA MONICA
John Jalili
City Hanager
.-
~
EXHIBIT A
Classifications subject to the MOU shall be as follows:
Accounting Manager
Administrative Services Manager
Administratlve Services Officer
Admin~strative Water Engineer
Airport Operations and Facilities superintendent
Assistant Building Officer
Assistant City Clerk
Assistant City Librarian
Assistant Director of Cultural and Recreational Services
Assistant Director of Transportation
Budget Coordinator
Cable T.V. Manager
Cemetery Superintendent
city Engineer
city Parking and Traffic Engineer
Civic Auditorium Manager
Collections Manager
Community and Neighborhood Services Manager
Cultural Arts Administrator
Economic Development Manager
Electrical Facilit~es Superintendent
Fleet Maintenance superintendent
Housing Program Manager
Maintenance Manager
Park Superintendent
Personnel Operations Manager
Pier Manager
Public Facilities Maintenance Superi~tendent
Purchasing Agent
Recreation Superintendent
Recycling Coordinator
Revenue Manager/City Treasurer
Solid Waste Management Superintendent
Street Maintenance Superintendent
systems Development Manager
Technical Services Manager
Traffic Operations superintendent
Transit Operations Supervisor
Transportation Maintenance Manager
Transportation Maintenance Superintendent
utilities Manager
Water and Waste Water Superintendent
Water Production Treatment Superintendent
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