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SR-12C / , ~~ 1 ~ ~~ ,1,~ 1 ? r ... If d 'J FEBl1 e? PE:palssu1996.stfrpt.bancroft pws Council Meetlng. February 11t 1997 Santa Monica, Callfornia TO: Mayor and Clty Councll FROM: Clty Staff SUBJECT Resolutlon Author1z1ng the C1ty Manager to Execute a Memorandum of Understandlng with the Public Attorneys' Legal Support Staff Unlon INTRODUCTION This report requests that Counell adopt the attached Resolution authorizlng the Clty Manager to execute a Memorandum of Understanding (MOD) with the Public Attorneys' Legal Support Staff Union. BACKGROUND The current Memorandum of Understanding (MOD) wit.h the Public Attorney's Legal Support Staff Un~on exp~red on June 30, 1996 As per the terms and condltions of the explred MOUt negot1ations wlth the Publlc Attorneys' Legal Support Staff Unl.on to replace the expired MOD commenced and resulted in the attached MOD. This new ag:r'eement has been ratifl.ed by the membership of the Publl.c Attorneys' Legal Support Staff Dnlon 1 aJ~~ ~~~) 4-~ l' rF\ 'j ~-::~d ; , ;1 ~. -.. FES , , 1997 ( " Th1S agreement provides for a cost of llving lncrease for FY96-97 and makes some other minor non-economic changes BUDGET/FINANCIAL IMPACT Funds are already lncluded in the budget for FY96-97 to cover any costs associated with this agreement RECOMMENDATION It 1S recommended that Counc1l adopt the attached Reso::"utlon authorizlng the City Manager to execute the attached Memorandum of Understanding w1th the Public Attorneys' Legal Support Staff Dnlon. Prepared By. Karen Bancroft ::"'_.;;':;:--:'''::;''- ;:;;;;:fr';)l-" RESOLUTION NO 9122 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF u~DERSTANDING WITH THE PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION WHEREAS, the Clty admlnlstration and representatlves of the Publ1C Attorneys' Legal Support Staff Union have met and conferred under the terms of Ordinance No 801 (CCS) and have ~eached agreement on wages, hours and other terms and condl.tlons of eTTlployroent; and WHEREAS, Sectlon 2 06 of Ordl.nance No 801 (CCS) of the Clty of Santa Monlca requlres prepa~atlon of a w~ltten Memorandum of Understandlng between the admlDlstratlon and employees if an agreement can be reachedi and WHEREAS, Sectlon 2.06 of Ordinance No. 801 (CCS) further provl.des that any such Memorandum of Understandlng shall not be blnd:Lng unless and untll presented to the governlng body for determ~naticn; and WHEREAS, the purpose of t~e Me~orandum of understandlng lS to promote and provide harmonlous rela~l.o~s, cooperatlcn, ar.a underscandlng between the Clty and the Publ1C Attorneys' Legal Support Staff Unloni NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS Sectlon 1 The City Counc1l of the City of Santa Monlca does hereby approve and authorize the City Manager to execute the Memorandum of Understandlng executed by the Publlc At~orneys' Legal Support Staff Un~on, a copy of which lS attached hereto. Section 2 The Cl~y Clerk shall cert1fy to the adoptlon of th1S Resolutlon, and thenceforth and thereafter the same shall be In full force and effect. APPROVED AS TO FORM: " j' \ . .."'w >' I ~. . A I d';'~( '- VJ.-L-f....... V--<...:.---:tV--u~Io/\...l...lLl..-~. Y\- YARSHA JONES MOUTRIE Clty Attorney ..pa:::;sL.:'9~5 ~~.:;:. MEMO~~~DUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA ANi) PUBLIC ATTORNEYS' LEGAL SUPPORi STAFF UNION TABLE O? CONTENTS ARTICLE I. GENERAL PROVISIONS 1.01: _ 02: 1. 03: 1 04. 1 05 1 06 ~ 07; 1. :J 8 : 1 . 09, 1.::8 1.::'1 1.12 1.13 1 14 1 IS Partl.es to Memorandum Purpose. . . . . . . . . . . . . . . . Term of Agreement ............... C~ty Counc~l Approval. ................ Recognl.zed Employee ASSOCl.atlon Name.... .,. Scope of Representatlon.................. Full Understanding, Modlflcat~on and Wal ver. . . _ . _ _ . _ _ _ ... _..........._ Management R~ghts Reserved.. . ........ Peaceful Performance of Clty SerV1ces.. Valldl.ty of MOU.. _ . . _ _ _ _ . . . . . . . . . . . . . . . . _ Captlons for Convenlence. _ _ _ . _ .. _. _ . . _ . . . . Equal Employment... .. _ _'. _ _. _._ Deflnl.tlons. . . . . . . . . . . . . Overpayment Remedy.... _ _ . . _ . Payments at Terminatlon.. ... ...... A~TICLE II. COMPENSATION 2.01 2.02 2.03 2.04 2.05 2.06: Effective Date of Pay :ncrease . ......... Salarles. . . . . . _ . . . . . . . . . . . . . . . Overtlme. . . _ . . . .. ..................... Call-Back Pay ..... .................... _ . Bllingual Compensatlon................. Y -Ratlng. . . .. ... _ . . . . . . . . . . . . . . . . . . . . 1 3 3 3 4 4 5 5 5 6 7 8 8 8 11 11 12 12 15 16 16 17 ~~TICLE II:. SUPPL~MENTAL BENE?~TS 3 0:": 3.02: 3 03: 3.04 : 3.05 3.06 3.07' ARTICLE IV 4.01: 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4 1 n -~ 4..1:' 4.12 ARTICLE V 5 01 5 C2: 5 C3: 5 04 : 5 05. Ret1remenc . ..... ...... Health Insurance Programs....... . Tuitlon Relmbursement.... ......... Mileage Relmburse~ent and Energy Conservatlon .... ....................... Deferred Compensatl.on......... ....... Long Terrr Dlsablll~Y Insurance .... Slck Leave Buy Back. . . . . . . . . . . . . . _ . . . . LEAVES Pald Holldays. ......... ......... . Vacatlon Leave......... Slck Leave.. _ . . Leave of Absence Wlthout Pay Military Leave. ... ... . ...... Jury Duty .............. Workers' Compensatlon Leave........... Parental Leave........ ........... _. Bereavement Leave..... .............. Urgent Personal Leave ... _._.. Unclasslfled Leave_ _.. ?a'Tllly Leave. ... _ . . _ _ _ .. ...... WORKING CONDITIONS Safety. . . Employee Parklng.. ...... Performance Evaluatlons.. Work Schedules.. Employment Separarlons................ ~~TICLE VI. EMPLOYER/EMPLOYEE RELATIONS 6.01: 6.02. 6.03. 6.04 6.05 Payroll Deductions. ......... ........ Reasonable Notlce . .................. Grlevance and Complal.nt POllCY........... Tlme Off for Negotl.atlons... ........... Successors. . . .. ........ ............. 2 18 ::..8 20 21 22 22 22 25 26 27 27 27 28 28 29 30 30 31 31 33 33 33 35 36 37 37 37 38 39 FU3LIC ATTOR~YS' LEGA~ SUPPOR~ STAFF UK~ON ARTICLE I GENERA~ PROVISIONS 0: Partles to MemoranQV~ Th~s Memorandurr 0: Understandlng (MOU) has bee~ prepared pursuant to the ~erms of Ordlfiance Kc 801 {CCS} of t~e Clty of Santa Manlca, whlch Ordlnance 18 hereby 1TIcorporated by reference as lf fully se~ fort~ hereln, and has been exec~ted by ~he Cl.ty Manager OL behalf of management off1clals of the Cl.ty and by the Publ1C Attorneys' Legal S~pport Staff Unlcn 8lgnatory hereto who occupy the full-tl.me Job classlflcatlons set fortG 1n Sectlon 1 05. 82 Purnose The partles agree that the purpose of tnls MaG 18 to promote and provlde harITOnlOUS relatlons, cooperaclon and understandlng between the Clty and the employees covered herel.D, to provlde an orderly and equltable means of resolvlng dlfferences W~lct may ar1se under thlS MOD, and co set forth the full agreements of the partles reached as a result of meetlng and conferrlng In good fal th regard1ng matters wlthln the scope of representatlon for employees covered here1n. - 03. Term of Aoreement ThlS Agreement shall be effectlve as of J~ly 1, 1996 and shall remaln In full force and effect untl:' June 30, 1997. It shall be automat1cally renewed from year to year thereafter unless elther party not1fles the other ln wrltlng not later than March I, 1997 (or ln the event of an automatic renewal, March 1 of the following year) that 1. t des1res to termlnate or modJ.fy thJ.8 Agreement and speclfl.cally l.ndl.cates requested mOdlfl.catlons In the event such not~ce lS glven, negotl.atlons shall begl.D no later than Aprll 15 wl.th a slgned contract deslred by 3 1.04 1 05. July 1 C~tv Counc~: ADD~oval It 15, however, the mu~ual unders~andlng 0: all ~he partles hereto tha~ suce Memorandum 0= Unders~a~dl~g lS of no force or effect whatsoever unless or u~~~l ratlfl.ed and approved by the Cl.ty Councl~ 0: ~ne Cl~Y 0: Santa Monlca. Recoonlzed E~Dlovee Assocl.at~on Name The PubllC Atto~neys' Legal Support Staff Dnlon (PALSSU) lS hereby acknowledged as the Recognlzed Employee Organlzatlon, pursuant to Sectlon 3.04(c} of Ordlnance No 801 (CCS) , representl.ng the Job class1flcatlons of: Communl.ty Lialson Consumer Affalrs Specl.all.st Legal Admlnlstra~l.ve Sta:r Assls~an~ ~egal Asslstant Legal Secretary Of:1ce Adm1n1strator Paralegal It l.S the mutual understand1ng of ~he partl.es hereto that acknowledgment of PALSSU A. Does not preclude employees In such job clas51flcat1ons from representlng chemselve5 l.ndlVldually l.n thelr employment relatlons w~~h the Clty, B. Does not preclude or restr1ct the Tl.ght of management offlc1als to meet and consul~ wlth employees In such Job classl.ficatlons concernlng their employment relat10ns w1th the Clty 4 1 06 :1..07 1. 08 Scope 0: RepresentaClon The scope of representa~lon of the Recog~lzed Employee Organlzatl.On shail include al: matters ~elatlng to employment condlclons ana employer-employee re::"at::ons kDcludlng but not limlted to wages, hours, a~~ ether terms and cond::~lons of emplo~en~, except, however, that ~he SCODe of representat::on shall not ::nclude cons~derat::on of the merlts, necessl.~Y, or orgaLl.Zatlon of any serVlce or ac~ivlty provlded by law o~ executlve order and shall be exerclsea or performed l.h co~pllance wlth the prOV1Sl0ns of Ordlnance No 80: {ees: Fu:l Understandlno. Modlflca~~o~ ~nd Wa~ver The part~es agree thac eacc has had full and unres~r::c~ed rlght and opportunlty to make, advance, and dlSCUSS all matters properly wlthln the scope of representatlon as outllned lon Sectlon 2.05 of Ordlnance No. 801 (eeS) Thls MOU constltutes the full and complete agreement of the partles and there are no others, oral or wrlcten, except as speclfled III tnls Agreement. Each party, for the term of thlS MOU, speclflcally walves the rlght to demand or pet~t~on for changes hereln, whether or not the sub) ects were known t.o the part~es at the tlme of execut.lon hereof as proper subJects wlth1n the scope of representaclon as outllned 1~ Sect10~ 2.05 of Ordlnance No. 801 (eeS). Management Rl.qhts Res$rv~d The City retalns a~l rlghr.s not spec~flcally delegated by thlS Agreement, lr.cludlng, but not llffilted to the excluslve rlght to d1rec~, supervlse, dlSClpll.ne, dlscharge, and retalTI employees; hlre, promote, transfer, assl.gn, suspend, schedule, relleve employees from dutles because of lack of work or funds, or under condltlons where contlnued work would be inefflcient or nonproductlve; 5 1 09 deter~lne se~~~v~ces ~o De ~endereQ, ope~at~or.s =0 be performed, utll~za~lo~ of ~echnology, and ove~all budgetary Matters, determlne ~he overall m~SSlon of the U~lt of government, malntalTI and ~mprove the eff~c~e~2v ane effectiveness of gove~nment operationSi take any necessary actlons to carry o~~ the m~SSlon of an agency ~~ sltuatlons of emergency, and take whatever other actions may be necessa~y co carry out the w1shes of the pub~l.c not otherw1se speclfled above or by collectlve agreement Any grlevance wlth respect to the reasonableness of the appllcatl.On of the above management ~lghts shall be sub- Ject to the grlevance procedure conta~ned 1TI Sect10n 6 03, herein Peaceful Pe~fo~mance of Clty SerV1Ce$ It ~s mutually understood and agreed that par~lc~pa~lon by any employee lh a s~rlke or a concertec work stoppage termlnates the employment relatlonsh~p ln the absence of speclflc wrltten walver of such termlnatl.On by an authoTlzea management offlclal. A. It 15 further understood and agreed that none of the part~es hereto wlll partlCl.pate 1TI or encourage, aSslst or condone any strl.ke, concerted work stoppage, cessatlon of work, slow-down, Sl.t- down, stay-away, lllegal plcketlng or any other illegal form of l.nterference wlth or l~mltatl.on of the peacefu~ performance of Clty serv~ces. B In the event concerted work down, slt-down, other ~llegal llml ta~l.on of that there occurs any str1ke, sLoppage, cessatl.on of work, slow- stay-away, lllegal p~cketl.ng or any form of lnterference wlth or the peaceful performance of Cl. ty 6 1.10. servlces, the C~ty, l.n add~clor. to a~y c~ne~ ~aw=u: re~eci~es or dlSCl.p~~nary actlons, may by a~tlOr. c~ the C1ty Manage~ car.ce: any or al~ payro~_ deductions, prohl.bl~ the use of bulle~ln boa~ds, prohlolt the use of Cl.ty faClll.~leS, ana proh~blt access to for~er work or duty s~atlons c. The protectlor~ of t2e publ~c healtr., sa:::ety an:::: welfare demands that nelther the employees nor a~y person actlng ln concert wlth chern, wlll ca'J.se, sanctlon, or take part l.n any strlke, walkout, Slt- down, slow-down, stoppage of work, 11legal plcketlng, retardl.~g of work, abno~al absenteelsm, wlthholdlng of serVlces, or any other ~llegal ~nterference Wl th the normal work routlne. The provlslons of thlS Artlcle shall apply for the same te~ as this Agreement, or during any renewal or extenslon thereof Vlolatlon of any provls1on of thlS MOU by the parties shall be cause to ter~lnate thlS Agreement, 1n addltlon to whatever other remed1es may be avallable at law or 1n equl~y D. The CJ.. ty agrees that there shall be no lockout of employees covered hereln The agree to exer~lse good falth l.n complYlng the terms and condltlons of thlS MOU general partles Wltr.. all Valldltv at MOU If any prov~slO~ of thJ..s MOU ~s deterrolned to be ~~valld or 1.llegal by a court of competent Jur~sdlctlon, ~hen such provlslon shall be severed from thlS MOU, but the rewal.nder hereof shall rema~n lD full force and effect The part~es hereto shall lmmenlately commence to, In good falth, negotlate for the purpose of replaclng any such lnvalld or lllegal prOV1Slon. Should any change be made l~ any Federal or State law, or In any rules and regulatlons lmplementlng such leglslatlon, or l.n any Cl.ty Charter prOV1S1on Wh1Ch would be appllcable and contrary to any provlslon herein contalned, then such prOV1Slon of thls MOD shall be automatlcally term1nated, but the remal.nder of thlS MOU 7 1.12. - 2..3. shall Yemal~ ~n =ul~ foyce and effect. Suct ~eglsla~~Q~ andior rules a~d Yegu:a~lons shal: supersene ~~lS v.ou a~d appll.cable clauses shall be S~Ds=l=uted for =hose r~lej lnvalld or lllegal. The part1es hereto shal: lmmedla~ely commence to negotlate for the purpose of replacl.ng a~y such lnva~id or lllegal provls1on. CaDt~ons for Convenlence The captlo~s herelTI are for convenleuce on:y and are not a part of the MOD and do not In any way Ilffilt, deflne, or ampllfy the terms and prOV1Slons hereof Eaual Employment It 1S agreed by the partles to thlS MOU that they wlll fully coroply wlth all applicable local, State and Federal laws, rules a~d regulatlons prohlblt~ng dlSCYlmlnatlon and governlng equa~ employment opportunlty. The Afflrmatl ve Actlon Program and the Sexual Harassment POllCY of the Clty of Santa MODlca are af:lrmed by the par=les to thlS MOD and lncorporated by reference hereln. Both partles agree to ablde by t~e requlrements of the A~erlcans wlth Dlsabllltles Act (ADAj Eve~ Clty employee is expected to respect the dl.gnlty of every other Clty employee and to refra1D from any actlons, 1DCludl.ng the use of s:urs or Jokes regardlng sex, age, race, natlonal orlg1n, rellglon, dlsablll~Y, O~ sexual preferencejor1entation WhlCh could be construed as harassment Harassment of fellow employees lS a vlolat~on of Clty polley No employment declslon shall be based on an employee's submlsslon to or re]ectlon of such conduct. Deflnltions The follow1ng defln1tlons are to be applled to the lnter- pretatlon of thlS MOV: 8 A "Salary Range" shal:;' mean :.he hOl:'~2.y o~ l.!c1::.hly pa~l scale (and ':.he b::.. -weekly eq'.ll valent) ass:.gned ':.0 each errployment pos:.t1on cla8sl=:.caclo~ coverec herelTI. B. "Nearest DoL.ar" shal':' mean t.he next lowe~ dollar In a monthly ~ate whe~ the comDu':.ed arrO'.lI:t 15 50 cents or less and the next hlgher dollar wher: the computed amo~n:. lS 51 cents or mere C. "Line-Item Posltlon" shall mean a pOS1CJ.Or:. WhlC!: 18 (a) specJ.flcally J.temJ.zed J.n the personnel schedule of the annual budget of the Clty of Santa Mon.lca and (b) ellgible :'0 accumulate frlnge benef:.ts 11: proportJ.on to :.he percentage of the ful~-t1me work week D. IIPermanent Employee" shall mean: (I} A person who 1. s legally an lncumben t of a llne-ltem pos:.tlon, full or part tlme; or (2) A former legal lncumbent of a l:.ne-1tem positlon on authorlzed leave of absence from a regularly budgeted posltlon WhlCh posltlon 15 held pend1ng the employee's return E "Date of Entrance Anraversaryll shall mean the date WhlCh recurs annually after the date of entry l.nto a 11.ne-1tem posltlon l.n the unclass.lfled serVlce of the CJ.ty or Santa Monlca, elther by or:.g:.nal employment. re-employmen~ or promotlon The date of entrance for ewployees wltn broken serVlce shall be consl.dered as that date on which the last unbroken serVlce was effectlve F. "Satl.sfactory SerVlce" shall mean t.he at::.a1nment. of an overall performance ratl.ng of not less than II satisfactory" on the performance report lmmedlately precedlng the employee's date of entrance annlversary. G. "Hours of Work": the full-t~me work week shall be deflned as forty (40) hours. 9 (1) :ncu~eL~s of Job pos~t~ons employed ~n a WS~K week less ~han that def~neci as ~he full-t~TLe work week shall De compensa~ed ~n tha~ proportlon of the compensat~on :or full-tlme emplo~enc as the number of hours budgeted fc~ that pos~tlon bears to the :ull-t~me work week, lncumbe~~s of Job pOSl.tlons errployed lTI a work week grea~er than tha~ def~neci he~eln shall be compe~sated for hours 1n excess of the full-~lme work week on the bas~s of and In accordance wl~h ~he prOV1Slons or SeC~lOr. 2 03 here:..n relat~ng to overtlme. ComDensa-.:::.~on shall lnclude base salary I deferred compensat.lon ar:d any othe:::- bonuses or skl.ll pays provlded by th~s Agreement. (2) Incumben~s of Job posltlons regularly working less than ~he full-tlrne work week shall accrue pald leave beneflts ln the same ratlo as the average number of hours they work per week lS to the full-tlme work week for the pOSl.tlon occupled. Other frlnge beneflts sha~l be provlded to part-time employees covered hereln as If they were employed on a full-~lme baslS. H '1 Pay Status" shall mean regularly ass~gned wo::::-k hours actually perforwed. In addltloll, pay status shall also speclfl.cally ~nclude pay for t~me not worked such as slck leave, vacatl.on, holldays, unclassifl.ed leave, floatlng hollday and Jury duty I lIWorkl.ng Day" as used l.n the sectlons of thls Agreement pertalnl.ng to vacatlon accrual (Sectl.on 4 02) and slck leave accrual (Sectlon 4 03) shall mean elght (8) hours. J "Compressed Work Schedule" shall mean a work schedule 1n whleh a ful1-tl.me employee 1S asslgned a total of el.ghty (80) regularly scheduled work hours lD TIlne (9) days In a glven two-week (l..e , two work weeks) perloa 10 ~ . L .L.J.._ 1. :2.5 OverDa~ent Rewedv - - - Employees coveyed herelr. shall re~r~urse the C1~Y any overpayment of wages or benef:. ts. SaJ.d relmb:.J.:::-sement shall not be requlred untJ.l the Clty not:':les the affected employee :.n wrl :lng. Reunbursemer..:. r.1ay be accomplished by a lump-suM deductlon made C~ ~he nex~ subsequent employee payroll war:::-ant followlng ove:::-pay~ent no~ifl.ca~~or., or by other :::-easonable re-payment method, mutually acceptable to the employee and the Clty, excep:. that lump-sum deductlo~ shall be requlred J.: the nex~ subsequent employee pay:::-oll wa:::-rant lS the f~r...a::" oy term1natlon warrant lssued to the affected employee Payments at Terwlna':.l.On When employees covered hereln leave the se:::-Vlce o~ the Cl ty of Santa Monlca, they shall be ent 1. tIed to lump surr. payoff of unused accrued vacatlon days, unused accrued unclassl.fled leave and any unused accrued compensatory tl.we. No cla1m shall be made agalnst the C1ty for the use or payoff of unused slck leave, nor sball the effecLlve date of termlnatlon be exte~ded by use of compensatory tlme, sick leave, vacatlon or unclasslfled leave days 11 ARTICLE =r CO~PENSA~:ON 2 01. Effec~lve Date of Pay In~Yease Notwlthscanc1ng any other provlslor: ccn::alnec herelE, changes changes payroll hereu: . lr: salary yates and shall beco~e effectlve perlod closest ::0 the salary related on the 1s:: day effect.lve date 0: the s:.ated 2.02 Salarles ne:1efl:' Salarles of employees In Job classl.flcatl.Ons covered herelD shall be on a monthly rate, pald on a Dl-weekly equ1valent basis. In lleu of the bl-weekly e~~lvalent to a monthly rate, the Clty Attorney may flX the compensatlon of any poslt1on at an hourly rate In posit1ons for Wh1Ch the work week 15 forty (40) hours, the hourly rate shall be determ1ned by dlvldlng the b1- weekly rate by el.gh~y (80\ A Salary Ranges. NOTE. Whenever scheduled for salar1es of the ad] listed by percentage. } a salary range lS adJustment, the lDcumbent shall be a correspondlng (1) Effectlve July 1, 1996, the salary ranges for the Job c~aSSlfl.ca::1ons covered by tn1s MOU shall be as follows: Communl.:'Y Llal.SOn Consumer Affal.rs Speclal1st Legal AdmlDlstratlve Staff Assl.stant Legal Asslstant Legal Secretary Office Adm1n1strator Paralegal $3,098 - $3,824 $3,349 - $4,134 $3,871 - $4,781 $3,121 - $3,854 $3,098 - $3,824 $3,871 - $4,781 $3,098 - $3,824 (The salary ranges shown above reflect a 2.0% cost-of-llv1ng adJustment.) 12 (2) The sa.ary ra~ges far t~e Job class~flcat~cns covered by th~s Agreerrent as c: J~~y ~, :996 shall rernaln unchanged unless eltl:er party prov~des wrltten nO~lce to ~he o~her ~o~ :ater than March 1, 1997 that lt deslres tc modl=Y the salary ranges as of July 1, 1997. The salary ranges for Job classlflca~lohs covered hereunder In e=fect as of July l, :996 shall remaln unchanged unless mod~flca~lons are ~ade pursuant to the wrltten notlIlcatlon prOV1Slon of Sectlon 1 03 (Terro of Agreement) of thls Agreement B A glven classlflcatlon covered by tnl.s MOD wlll be ellglble to recelve an equlty adJust~ent prov~dlng that the compensatlon study conducted by the Cl~Y of Santa Monlca substantlates the need for ar: equlty adJustment to brlng the salary range of that classlflcatlon ~n Ilne wlth the mean salary pald to the same claSSlfl.catlon found In truly comparable publlC sector employers The Clty wl.II be wl.lllng to receive and evaluate any salary comparl.son data that PALSSU mlght want to make aval:able regardlng an equlty adJustment for a glven claSSlfl.catlon Should a compensatlon study lndlcate that a glven Job classl.flcatlon l.S currently belng pald above the mean salary pald to the same classl.flcatlon found ln truly comparable publlC sector eroployers, the salary range of tha~ claSSlflcatl.On wlll remaln unchanged. EqU1ty adJustments descrlbed hereln wlll be consldered on an annual basls, elther as a part of the annual budget process nc MOD negot~atlons should be occurrlng during the year In questlon or as a part of ':ohe MOD negctlatlons process should the MOD be up for negotlatlons Like any other salary l.ncrease, equlty adJustwents wll1 be subJect to the approval of Cl.ty COUDC1I. C The Clty Attorney may hlre employees at a salary hlgher than \\entry level" based on the experlence of the lndlvldual. In exerclslng hls/her dl.SCretlon I the Cl ty Attorney wlll cons J..der all 13 relevant: factors, :.nc:::"udl.ng but no".: 11""':" :.ec :'0 lengt:h 0: experlence, PUO::"lC sector experler:::e, experlence wlthl.n the Dartlcular fleld ie.g, cr1.m.:.nal, Cl vll :.::.. tlgatlon, lane. use, admlr:lstratlve and supervlsory expeY~ence! Salarles above en:.rance level should be based ~pon lncremencs of 5-7% and shall not: exceed :.~e maXln~m salary prov1.ded for ln thlS Sectlon. D. Merl:' l.DCreaSes wltnlD salary ranges Advancement wlthln the range after lure shall be based on performance as det:erpuned pursuant to SeC:'lon 5 03, herel.n SubJect to the maXlmurr salary range establlshed hereln, employees covered here1.n shall receJ. ve, on the date of entrance annlversary. annual sequentlal step 1.ncreases of 5% for overall SatJ.sfactory performance, 6% for overall Above Average performance, and 7% for overall Outstandlng performance ratings on the reV1.ew that cOlncides wlth the anniversary date of the employee, unless che Clty Attorney speci:les otherwl.se, In wrl.tl.ng, w1.th a statement of reasons. Th1s nO:'l:lcatlon shall be dell.vered at least SlXty (60) days ln advance 0: the denl.al of the scheduled annual step lDcrease. E Merlt pay for employees at maX1.mum of range' An employee who has reached the maX1~um salary for his/her pos1tlon and whose most recent performance ratlng 1S overall ABOVE AVERAGE or better shall be ellglble fo~ an annual cash payment of 3-5% of the annual base salary, the ratlng upon WhlCh thlS payment shall be based shall be the assessment of the 1.ndl. vldual conducted l.n the precedl.ng year, pursuant to Sectlon 5 03 hereln. For an overall OUTSTANDING ratlng, an employee shall be ell.gl.ble for an annual cash payment of 6-8% of ~he annual base salary. the rat1.ng upon wh1.ch thlS payment shall be based shall be the assessment of the 1.nd1 vldual conducted 1.n :.he precedlng year, pursuant to Sectlon 5.03 here1.n. SaJ.d payments 14 2.03 srra~~ no~ oe ccnslaerec base sa~a~y l~ CCTp~t~~g subse~~en~ sala~y adJustments, b~t are sUDJect to PERS contr:.butlons. ':'he bO:1US payraent, ~_ a:1Y, shall be made wltnlr- =hlrty (301 days of the e~- ployee's annlversary date and sha~: be based or. the annual salary 1'" effect or. :::.he emoloyee I s annlversary date. Overtlme Overtlme for employees who are regularly ass:.gned to a flve (5) day, elght (8) hours per day work week, and for permanent part tlme employees who regularly work less than elght (8) hours In one day and forty (40) ~ours ln one week shall mean work by employees OccupYlng l:.ne-ltem positions covered herel.n l.n excess of el.ght (8). hours In one (1) day or forty (40) hours ln one week, provlded such hours of work have had the prlor approva: 0= an authorl.zed departmental managemen~ officlal Overtlme for employees regularly asslgned to a work day In excess of elght (8) hours or a work week In excess of forty (40) hours shall mean work ln excess of the regularly scheduled number of hours ln one (1) day or l.n excess of the regularly scheduled hours ln one (1) week, provlded such hours have had the prlor approval of an authorlzed departmental management offlcl.al. Except that overtlme for all employees not classl.fl.ed as exerr-pt under the requlrements 0: the Falr Labor Standards Act (FLSA) shall wean work l.n excess of forty (40) hours ln one (1) week, provided that such hours of work have had the prlor approval of an authorized departmental management offlclal Should the Falr Labor Standards Act be amended to change the defl.nltlon of overtlme for sald employee(s), th~s Sectlcn shall be amended to reflect those changes All authorlzed overtlme shall be compensated for by cash payment based upon one and one-half (1-1/2) tlmes the hourly rate equlvalent of the employee's monthly salary computed to the nearest one-tenth (0 10) of an hour, ex- cept that an authorlzed departmental management offlclal may grant compensatory tl.me off at tl.me and one-half (1- 15 2.04: ~ ('It:: .::...v..... 1/ 2) for suc~ overtl~e to a max~~um of forty (40) ho~rs lC any flsca~ year Such compensa~ory tl~e 0:: ~ust be taken off durl~g the fiscal year In wnl.ch l.t lS earneQ Such t~me shall not be taken, however, In cor.Junc~loc wlth vacatlon leave Any compensatory tlme off not taken off durlng ~~e :lscal year wlll be pald off at the appll.cable rate of pay, as of June 30 Call-Bact:: Pay Should the Clty call back any full-tl.me e~ployee before or after hls/her normal worklng hours to perfor~ work, the Clty shall credl.t the employee wl.th not less ~han a ml.nlmUm of two (2) hours of tlme, regardless of tlIDe actually worked as a result of be1ng called back to work co perform services for the C1ty Call-back shall be deflned as any work not speclflcally scheduled ln advance as to tlme and/or place and for WhlCh a person 1S asked to return to the worK place after he/she has left ~he prlmary work place Blll.noual Comoensat1on Quallfied employees who meet :.he crlterla set forth herel.n shall recelve a bll1ngual sklll pay of $50 00 per month. To recelve bl.lingual pay the followlng cr~terla must be met- (l) The employee must be asslgned to speak or ~ranslate a language ln addl. t.l.on to Engl1sh. ThlS may include speclall.zed communlcatlon skllls s'..1ch as sl.gn language (2) An employee must regularly utlllze such skllls durl.ng the course of hls/her dutl.es or upon request of Clty management. 16 2.06 (3~ To become qua:~fleQ, an employee must be cer~lf2e6 as ql..4all=~ed through exan:-:1at.lon ad~.:.n2.s::ered DV the Personne~ Depar:'~e~:' (4) Recertlflca:'lon of thlS sK~ll may be requ~red fro~ tlme to tlme through examlnat:-on adm~~~s=ered by the Personne: Department. k~ employee who has net been cert.lfled and quall.~l.ed and lS not rece~vlng b~llngual sk~l: pay wll1 not be re~.:.red to utllize this Sk1ll except on an occas1onal bas1s If an employee quall.fles for b~llngual bonus for Spanlsh and lS requlred to regularly use sald Sklll durl~g what are determlned by the Personnel Department. =0 De emergency or emergency-related sltuatlons, he/she shall recelve an addltlonal $50.00 oer month, for a tota: of S100.00 per month. Y-Rat1ng When a personnel aC:'lon, e g , demotlon due to layoff or reclasslf1cat1on, resul~s ~n the lowerlng of the lncumbent employee I s salary range, ::he lncurrbent employee I s salary may be Y-rated "Y-ra::ing" shall mean the malntenance of che l.ncumben:. employee's salary race at. :.he level effectl.ve the day precedlng the ef=ectlve date of the personnel actlon placlng the employee In a lower salary range The employee's salary shall remaln at such level untll the salary range of the new classlficatlon equals or exceeds the Y-rated salary. 17 A..."!:('T:CLE = I I SUPP~EMERTA~ 3E~EF~TS 3.0::" Retlrernent The C~ty ~s a contract member 0: the Publ~c E~ployees' Ret~~ement Sys~eM (PERS), and ~~ ~s unde~stood and ag~eed that such membershlP wlll be maln~a~ned and that employee ellg~b~llty, classlf~ca~l8n, con~r~but1onS, and De~ef1~s are as prescr~bed ln the con~~act between the C~ty and PERS heretofore approved by the Santa MODlca Clty Councll. The Cl.ty shall pay on behalf of each employee covered by thlS AgreeMent an amount equal to 100% of the lndl.Vldual employee's share of the requlred retlrement contrlb~tlOns to PERS (i e., 7% of the employee's "co'TIpensatl.on" as deflned by law) These payments a~e not increases of salary and no salary range appllcable to any 0: the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the Clty wlll not treat these payments as ord~nary lncome and, thus, w~ll not wlthhold Federal or State ~ncome tax therefrom The City's prac- tlce w1II be to repor~ these payments as be~ng those of the employees so that they wl.Il be credited to the par- tlcular employee's l.ndl.vldual account with PERS and upon terml.natlon will belong to the employee It 15 agreed that lf State and/or Federal procedures re- q~l~e ~eport~ng of these payments ln any other manner, the partles wlll ab1ae by such requlrements 3.02 Health Insurance Proor~ms A Medlcal Insurance Effect~ve July 1, 1996, the Clty agrees to pay up to a max~mum of $475.00 per month towards the cost of med1cal ~nsurance coverage for employees and ellglble dependents provlded that employees covered 18 here~n partlc~pate lTI t~e Clty-offerec ~ed~ca~ lDsurance progra~s. The cost of ~edlcal 1rrs~~a~ce coverage wlll be set eac~ Cu~y ls~ a~d w~~l be a "composl. te" mont::.ly lnsura~ce p~e'l1:.Urr der:.. vea. by dlVl.dlng the to~al monthly preQl~m for all mec:..cal plans offered by the City, except the PERS PORAe medlcal plans, by the ::.o::.a~ number of e'T'ployees enrolled ~n sald medlca: plans as c= July :st Anv extra payment req~lreci u~der such plans shall be pald by the employee electlng such coverage In the event that the contrl.butlon "cap" does not cover the cost of medlcal :..nsurance coverage for employees and ellg1b:e dependents, the City agrees to meet and conrer wlth PALSSU. The Clty and PALSSU agree tha~ employees shoula. benefit from any premlum sav:..ngs whlcn acc~ue from the l.mpleme~tatlon of a new health lnsurance program (Trlple Optlon Plan + Kalser) ln 1994 The fcllowlng procedure wlll be utl.llzed to determ1ne savlngs, ~: any, and, ln the event of savlngs, how sald savlngs wlll be dlstrlbuted. 1. The actual medl.cal lDsurance preffilUIT costs for ::"993 for non-safety employees shall be compared aga1nst the CJ.. ty' s actual premlum costs fo~ the new Trlple Optlon Plan + Kalser for those same employees 2 If there should be any premlUIT savlngs between 1993 and 1994, each employee's share of the savlngs wlll be deteYITJ.ned by dl v.:.c~ng the total amount of the savlngs by the total number of Cl~y employees (non-safety) partlclpatlng In ~he Cl.ty's medlcal lnsurance program. Each employee's share of any savlngs will be pald to the employee by no later than March 1, 1995. Prlor to thlS payment I the Clty wlll meet and confer wl.th PALSSU and the other Clty bargal.nl.ng un~ts to determ~ne the method by WhlCh sal.d payment wlll be made (e.g., lump sum, contrlbutlon to deferred compensatlon plan, etc.). 19 3 03 Ir. the eve~t the meclcal lDsurance premlu~s :or t~e Trl.ple Optlor. P~an Ka:..ser for 199::;, a::d a::y subsequen~ calendar year, should be less ~~an the actual Clty meolcal l.nsurance prem:..ums :!:or ::"993, the savings will be handled In accordance wl~h the same procedure, outllned above, w:.tl: the paymen-:. belng made to the employees by no la~er ~han Y.arch 1 of the followlng calendar year. B. Dental Insurance Dental lnsurance coverage shall De provlded at no cost to employees and thelr ellgl.ble dependents provlded that employees covered hereln partlclpate l.n the Clty-offered dental insurance programs. C. Vl.S10n Insurance The City agrees to provl.de V1S10n care lnsurance, at no cost, to employees covered hereln. The C1ty retalns the rl.ght to select the provlder and to set the levels of coverage for sala Vl.S10n care lnsurance plan The Clty also retalns the rlght to change the provlder of sald Vl.Sl0n lnsurance plan and/or the level of benefl.::s prov1ded under the plan wlthout meetlng and conferrlng. TUltlon Relmpvrsement It 15 agreed that the Clty wLll budget annually an amount equal to $10.00 per employee lD the approprlate ULlt for tuitl.on and requlred study materlal fo!:' career lmprovement study approved by authorlzed management offlclals Payment shall equal the total cost of tUltlon (excluslve of 10dgl.ng and meals) and the total cost of requlred study materlals, provlded, however, that A Enrollment ln the career lmprovement study course shall be approved in advance by an authorlzed management offl.clal, 20 3 04. B. Tne st~dy cc~~se m~st be clrected to a~al~:~ca~~8"- fcr employmen~ In a pos:. tlO::' reDyesented ~!le Clty wo~k for::e, C The employee must exhlDlt some reasonable expec::.atlon of quall.fYlng fcr such pos~ ~l.or: UpO:l successful completlor of the study C8~rse, D. Relmburseme~t shall be wade only lL lu~p-sur payments ~po~ successful complet~o~ 0: the prescrlbed unl.ts of study requlred by study course approved, E. In no event shal:' the Clty'S relmbursement be reduced when there lS an outslde source of ale except In t.hose cases where the al.d from the out.slde source(s) plus the normal Clty relmbursement exceeds the cost of tuitlon and study materlal for the approved seudy course. F. If approved tu.:tl.on rel.mbursement costs exceed the budgeted amount as descrlbed above, the costs wlll be prora:.ed so as not to exceed the budgeted amount. G. The maXl.mum annual amount of re-lmbursement per lndivl.dual employee shall not exceed $1,000 00. Mlleaae Relmbursemenc and Enerav Conservatlon Rel~ursement to employees for authorlzed use of personal automobiles on Clty buslness shall be at the rate es- tabll.shed by the Clty Councll Santa Monlca Munlclpal Bus Line tokens, to a maXlmum of th~rty (3D} tokens per month, wlll be provlded to any em- ployee covered hereln who submlts, on the Clty mlleage reimbursement form, a record of hls/her trlps (home to work slte or work site to home) durlng the preceding month The Santa Monlca MUnl.Clpal Bus Llne route number and the bus number used for each trlp must be entered on the mlleage relmbursement form 21 3.05 3.06. .j 07.. Any employee who has not beer. lSSUeG a Cl~Y parK1Dg pass, o~ who voluntar~:y turns ln Dls!her parkl~g pass, shall be eliglble =0 recelve :~f=y (50) tokens per mont~ ~ncer ~he terms described above De:erred CO~Densat~on It 15 hereby agreed that employees covered hereln wlll be offered par~lC1patlon In the City'S deferred compensa~lo~ plan The Cl~Y wlll contribute ~o the plan ~he amount the partlc1pat1ng employee lS contYlbut1ng to the plan on h1Sl her behalf, but ln no event sha:l sala amo~nt be less than SID 00 per month nor exceed $25.00 per month per partlclpatlng employee Lona Term Disabllltv Insurance The Clty agrees to malntaln a long term dlsabJ.ll~Y l.nsurance plan for permanent employees covered hereunder at no cost to the employee. The long term d1sablllty ~nsurance beneflts Wl.II be equal to 60% of elther the err.ployee's base salary or $6,667.00 per month, whlchever amount lS less, reduced by the employee'S lncome from other sources. Slck Leave Buv Back Each employee has the annual certalD unused slck leave on the "bank" unused slck leave cays. opt1on to be pald for terms noted below or to Payment at the employee's base salary for the flscal year durl.ng WhlCh the slck leave was earned but no~ used, excludl.ng any speclal assl.gnment or bonus pay, shall be made only to employees on the payroll as of June 30 of that flscal year. To qualify for payment, an employee must have a s~ck leave "bank" of SlX (6) days. For purposes of th~s Sectlo~, "bank" shall mean slck leave earned in prl.or years and report:.ed ln the II Slck Leave Balance Brough~ Forward from Prlor Contract Yearll column of the IIVacat~on, S.l.ck Leave and Compensatory Tlme" report lssued by the FJ.nance Department at the beg.l.nnlng of the flscal year durlng wh1ch payable slck leave lS earned. 22 Annual slck ~eave payoffs undey ~hlS Sec~~or. for e~ployees wlth less than teL (10) years of serVlce sha:: be made accordl.ng co ~he :ollowl.ng sc~edule Slck Leave Days Used I~ the Flscal Y~~r Slck Leave Days Payable At Fl.scal Year End o 1 2 3 4 6 5 4 3 2 5 6 or more 1 o Annual slck leave payoffs under thlS Sect~on :oy employees Wl.th ten (10) or more years of servlce shall be made accordlng to the followlng schedule Slck Leave Days Used In the ?lscal Year Slck Leave Days Payable A~ F1S~~1 Year End o 1 2 3 4 5 6 7 8 9 10 11 12 or more 12 11 10 9 8 7 6 5 4 3 2 1 o It l.S mutually acknowledged by the nartles that the use of Code 40 or other tlme off not approprlately scheduled l.n advance wlll dlsquallfy an employee from ellglblllty for payment under thls Sectlon. There wl.ll be an exceptlon to thlS MOD prOV1Sl.On foy employees covered hereunder who work a compressed work schedule. Employees 23 asslgneo. ::0 al:owed to wo:::-k a conpressed ,....ark use Code 4C 0:::- other schedt...:.le W=-__ De pald leave ~l~e, l.nclud~ng vaca~lon, compensatory t:..me, or unclassl:led leave, to supplement the elght (8) ~o~rs of pald SlCK leave lD order to recelve a full day's pay for a slck day. The use of Code 40 or other pal.d leave tlme In thlS ma:c.ner by an employee asslgned to a compressed work schedule wlll not d:.squallfy the employee ::::-om Delng ellgible for the slck leave buy-back. Slck leave for WhlCh payoff ~s recelved shall be consldered "used" ln t.ha':. It. wlll not. be added to the "bank" (or lf added to t.he I1bankll nrlor ':.0 the payoff date shall be removed from the I1bankl1). Such payment shall be prorated only for employees taklng serVlce retlrement durlng the contract year or for new employees on the payroll as of June 30 of any covered cont:::-act year. 24 ARTIC~E IV LEAV~S 4.0: Palo Holloavs Employees covered here~n sbal~ recelve pa~d holldays as here~nafter provlded .January 1 Th~rd Monday lr- January February 12 Thlrd Monday In February .Last Monday ~n May .July 4 Flrst Monday In September .Fourth Thursday In November The Frl.day followl.ng Thanksglv~ng The half day lmmedlately berore Chrlstmas Day Chrlstmas Day. .December 25 The half day lmmedlately before New Year's Day One (1) floaLlng hollday All ather holldays declared by Clty Councll New Year's Day. Martln Luther Klng's Blrthday Llncoln's Blrthday Washlngtor.'s Blrthday. Memorial Day Independence Day Labor Day Thanksglvlng Day . Whenever any day llsted herelD as a pal.d hollday falls upon the fl.rst or second day off of any employee who has two (2) consecutlve days off, the day precedlng shall be deemed the hollday lf It falls on the flrst day o=f, and the day followlng shall be deemed ~he hollday If ~t falls on the second day off In lleu of the day llsted Whenever any day llsted herelD as a pald hollday falls upon any day off of an employee who does not have two (2) consecutlve days off, the followl.ng day shall be deemed the hollday for such employee Tlme worked on compensated at equlvalent to the pay. ar: authorlzed pald stralght tlme at monthly salary plus ho 11 day, S ha 11 be the hourly rate the regular hollday Employees in Divls10ns observlng dlfferent hollday schedules shall, l.n lieu of the holldays llsted above, recelve holldays enJoyed by other operatlng employees l.n that partl.cular DlvlSlon, provl.ded, however, that the 25 4 02. same rmmbe:::- of hc::'ld.ays [twe:'ve (:2; days~ sha::"::" De observed. The floatlng holl.day lS accruec. by employees OE pay status on July 1 of each year A floatlng ho:'lday not taken by the end of the flscal year shal~ be pald to ~~e employee on the flnal paycheck ar =lscal year end A floatlng hollday WhlCh l.S cashed out at the e~d of ~he flscal year shall be pal.d ln an a~oun~ equal to elght (6~ hours at the employee's straight-tlrr-e base salary rate of pay Vacatlon Leave Employees covered herel.n shall accrue vacatlon leave wlth pay on the followlng basls: A. Followlng completlon of the flrst SlX (6) calendar mon~hs of contlnuous servlce, Sl.X (6) worklng days. 3. Thereafter, up to and lncludl.ng fl.ve (5) completed years of servlce, one (1) worklng day for each completed calendar month of serVlce C Thereafter, up to and lncludl.ng ten (10) completed years of serVlce, one and one-fourth (1 25) worklng days for each completed calendar month of serVlce. D. Thereafter, up to and lncludl.ng flfteen (15) years of serVlce, one and cne-half (1.5) worklng days for each completed calendar month of serVlce E. Upon completlon 0= flfteen (15) years of serVlce and thereafter, one and three-fourths (1 75) worklng days for each completed calendar month of serVlce. F. The adm~nlstratlon or appllcation of vacatlon leave provlslons and the llffiltatlons on the accuffiulatlon, proportionate accuffiulatlon, schedullng and payment for such leave shall be as prescrlbed In the Clv~l SerVl.ce prov~slons of the Santa Monlca Munlclpal Code except that maXlmum accrual of vacatlon shall be forty (40) days. 26 ~. C'3 _ 4 04. 4 D5~ Slck Leave Employees cove~ed nerelD sha:: acc~ue s~x (6) cays 0= slck leave fcllow~ng s~x (6} months of con~~nucus serVlce. The~eafter, one (l) day shall be accrued :c~ each completed calenda~ mo~th of ser\'lce. There s~a:: be no 11.ffilC on ~he number of days accrued except as provlded lD Sectlon 3.07 (Slck ~eave Buy Backl c= th1S Agreement. Leave of Absence W~thout Pay An employee may be granted a leave of absence wlthou~ pay upon appll.Ca~lOn approved by the Cl.~y Attorney and the Cl~y Manager. Such leave may not exceed one (:) year's tlme Upon eXplratlon of the leave, the employee shall be relnstated to the positlon held before the ~eave was granted. Such leave shall be granted only ln those cases where an errployee's record of serVl.ce and quallflcatlons make It deslrable for the Clty to retaln hls/her serVlces even at the cost of some lDconvenlence to ~he Clty. Ml.ll.tary Leav~ An employee covered herein who lD tlme of war or nat10nal emergency as proclalmed by the Presldent of the Unlted States or the Congress of the Unl.ted States, or whlle any natlonal conscrlptlcn act lS lD effect, lS lnducted lnto -:.he armed forces of the UnJ..ted States or who leaves employment wlth the Clty to enter voluntarlly the armed forces and wlthlD a reasonable tlme after leavl.ng hls/her employment wlth the C~~y does enter such serVlce, shall be granted a leave of absence without pay for the duratlon of the perlod of actlve serVlce wlth such armed forces. If such employee recelves an honorable dlscharge or lts equlvalent and the posl.tl.on sClll eXlsts and the employee otherWlse 15 quallfied to flll the same, the employee shall have a rl.ght to return to the posltlon w1th the Clty wl~hln s~x (6) months after the term~natlon of such actlve service but shall not have a right to so return later than s~x (6} months after the end of the war or after the tlme the Presl.dent or Congress proclalms the 27 4.06 4 07 natlonal e~ergency lS terml.na~ed, a~ afte~ ~he expl~atla~ of the natl.cnal CO~SC~lptl.On act. Such an employee shall recelve senlorlcy and other credlts on the same basls as though the employee had remalned l~ Clty se~lce and had not taken such ffil1ltary leave. Leaves of absence wlth pay for temporary mllltary duty shall be g::-a:1teci ln accordance wlth appllcable State law. J\.:rv Dutv - - Employees covered herel~, when duly called to serve o~ any Jury and when unable to be excused therefrom, shall recelve the regular base compensatlon less all Jury fees recel.ved excludlng ffilleage for ~he tlme req\.:lred to be spent under the JurlsdlCtl0n of the court provlQed tha~ an indlvldual employee wlll be so pald for JU~Y serVlce no more than ten (10) days once every two (2) years and shall make every effort to cooperate wl.th any request by the Clty Attorney or hls/her deslgnee to request a delay In Jury service to accommodate lmportant departme~t work ln progress Each employee recelvlng a notlce to report for Jury serVlce shall immedlately notlfy h~s/her lmmedlate supervl.sor. Whenever dally Jury duty schedullng permlts, employees shall return to thelr regular dally Job asslgnment to co~plete thelT regular dally work hours. Workers' Comoensatlon Leave Any employee OccupYlng an employment classiflcatlon covered hereln shall be ellg1ble to recelve dlsablll.ty payments under the Workers' Compensatlon Act of Callrornl.a as speclfled hereln The employee shall recelve the dlfference between the d1sablllty payments under the Workers' Compensatlon Act and full salary for the tlrst Slxty (60) days of such dlsabllltYi however, the f l.rst two (2} days of thlS Slxty (60) day perl.od shall be wlthout salary. 28 4: OE!. ?arer..::al Leave A. Female EMployees. Female employees shall be entltled to a leave 0: absence tor;alJ.ng elther 1) four (L~ ITon::hs lmmedlately fcllowlng the ch~ld's bl~tr. C~ aaoD::1or. If the chlld is under the age of three (3\ I or 2) two (2) months lmmedla::ely followlng ::he adop::~or.. of a chlld between ~he ages of three (3) to seven (7), Oy 3) one (1) month lmmedlately followJ.r.g the adoptloL of a Chlld age elght (81 to twe~ve (12) The employee shall be returned co t.he same Job classlfJ.catJ.on occupled prJ.or to the leave upon eXplratlon of the leave. Addltlonal leave may be requested under the provlsJ.ons of t~l.S MOU governlng Leaves of Absence Wlthout Pay (Sectlon 4 04) MaternJ.ty leave 15 not the same as parental leave and shall be admlnlstered ln accordance wl~h State and Federal law. B. Male Employees: Male employees shall be entltled to the same leave of absence as female employees (see above) provlded he can demonstrate that he has prlmary responsibill. ty foy the care 0: a new ct.lld who requlres constant paren::al supervlslon. If a male does not have the prlrr-ary responslbllJ.ty for the care of the new Chlld / he wlll be entl tled to parental leave for -che 1) flrst forty-flve (45) calendar days followl.ng the b1rch or adoptlon of a Chlld under age three (3); or 2) flrst thlrty (30) calendar days lmmedlately followlng the adoptlon of a chlld age three (3) to seven (7); or 3) flrst flfteen (15) calendar days lmmedlately followlng the adoptlon of a c~'llld age el.ght (8) to ewel ve (12). The e~ployee shall be returned to the same Job classlfication occupled prlor to the leave upon expJ.ratl.on of the leave. Addltl.Onal leave may be requested under the provlslons of thlS MOD 29 .; 09. 4.1C governlng Leaves of AOser.ce Wl~ho~~ Pay (Sec~lo~ 4 04) C _ For ei::her male or female e'11ployees, leaves of absence wlll be granted ln lenqth greater ~han outllned above ~f requl.red by a~ adoptlor. agency. However, 1n no case shal~ sald leave exceec a total of one (1) year. D. Primary ResDonsib:..lltv sha:": be deflned as ':'he - - - employee's spouse 18 medlcally incapaCl~ated, or the spouse 18 galufully employed durlng hours the employee lS normally scheduled to work and no schedule change for the employee or spouse 1S p08s1ble, or by demonstratlng other extraordlnary Clrcumstances (such as adoptlon of a dlsabled cnlld who requlres constant parental supervlslon). Bereavement Leave Bereavement leave not exceedlng flve (5) worklng days w1th pay shall be granted to employees covered herelr. due to death of a member of the employee's lmmedlate famlly. Immedl.ate famlly shall mean spouse, Chlld, brother, slster, paren::, parent-l.n-law, grandparent, step-parent, s~ep-brother or step-slster. In addl.tlon, bereavement leave not exceedlng flve (5) worklng days wlth pay shall be granted to employees covered here1n due to the death of any member of the employee's household. Uroent Personal Leave Two (2) days of slck leave each flscal year may be used for urgent personal matters that could not be postponed to a subsequent t1me. Th18 leave shall be charged agalnst accrued Sl.ck leave, If any ThlS leave shall be granted ln unlts of not less than two (2) hours, and only lf accrued slck leave 18 aval.lable. ThlS leave shall not be accruable from year to year If not used 1n any gl.ven year. 30 4.:"1 4 :2. Unclasslfled ~eave A pal.d unclasslfled leave day shall mea~ e~ght (8) hou~s at the employee's stralght-c~me base salary rate of pay As recognl~lon of the lack of CiVll Serv~ce prctectlon afforded to employees covered herelTI, the Clty ag~ees to grant to each employee who malntalns overall peYforQance ratlngs cf SATISFACTORY or better fouy (~) unclaSSlfled leave days off wlth pay per contract year for employees Wl.th less than ten (lO) years of serVlce and flve (5) unclasslfled leave days off wltn pay per contract year for employees wltn ten (10) or mere years of serVlce. UnclasSlfled leave days shall be earned In lDcrements of one (I) day effectl ve at the close of each three (3) month perlod, wlth two (2) days earned at the end of the fourth three (3) month perlod ror employees wlth ten (ID) or more years of serVlce. New employees may not take thelr flrst day until the second performance ratlng has been gl ven wlth a ratlng of SA':'ISFACTORY or better Payment equivalent to the employee's base salary not to exceed the equlvalent of four (4) days [or flve (5) days ~n the case of those employees wlth ten (10) or more years of servlce] shall be automatl.cally payable to the employee for unused days at the end or the flscal year ln WhlCh they are earned; any remalnlng unusea days shall be forfel.ted If the employee does not wlsh to be pald off, he/she must notlfy hls/her superVlsor l.n wrltlng by June 15th that he/ she wlshes to take the day(s); howeve~, sal.d day(s} must be taken by July 30th or be fo~felted Far1l1y :j..~av~ The C~ty hereby agrees to ~mplement famlly and med~cal leave l.n accordance wlth the Callfornla Famlly Rlghts Act (CFRA) and the rederal Famlly and Meolcal Leave Act (FMLA) for all employees covered here~n. These statutes shall supersede and be l.mplemented l.n lleu of any contract language or C~ty pollcy/practlce whlch provldes a lesser benef~t. 31 Before the ~ssuan::::e of a:1)' admlr~lst:.raclve reaulat:..c::s per::alTIlng to leave under the CFR..~ or FN:..A, ::ne C:. ty agrees to dlscharge lts ~eet and cOhfer obllgatlo~ w:..::~ PALSSU. 32 ~~~=CLS V. WORKIKG CONDITION~ 5.01. SafeLY The Clty shall provlde a reasonably safe and hea::"thy worklng enVlronment In accordance wlch appllcable S~ate and Federal laws and regulatlons The employees covered here1n agree that. where sa:::ei:.y devlces 0:::- ::..tens of protectl.ve equlpmeni:. are requlred or f~rnlshed, thelr use shall be mandatory 5.02 Employee Parklng It 18 hereby agreed ~hat the Clty wlll make every effort to mal.n~aln free oarklng as it presently eXlsts for Clty ~ . employees at C~ty rac1lltles. The employees covered by thlS Agreement recognlze that the Clty must comply wlth Regulaclon XV lssued by the Air Quallty Management D::..strlct (AQMD) and the Cl.ty's Transportatlon Management. Ordinance If the use of posltlve lncentlves does not result ln the ~lty meetlng the compliance requlrements 0: AQMD's Regulation XV or che C1t.y'S Transportatlon Management Ordlnance wlthln one (1) year of the effectlve date of thlS Agreement, l.t 1S understood that the Clty can lmplernent a charge for employee parklng lD an effort to meet those requ::..rements. In addlt10n, lf It should become necessary co charge for parklng durlng the term of thlS Agreement l.n order to comply wlth any other State or Federal requlrements regardl.ng transportatlon management, the C~ty can ~mplewent sald charge. However, ln no event shall ~he Clty lmplement such a charge for parklng wlthout meeting and conferrlng wlth PALSSU should any employee (s) represented by :.hern be sub] ect to such a charge. 5 03. Performance EvaluatlQns The Dl vl.sion Head of each D1 V1S10n shall evaluate l.n wrltlng the performance of employees In thelr respectlve dl.V1Sions and all new employees hlred subsequent to the 33 efrectl.ve date of t~lS Ag~eewent. S~ch eVal~a~lQ~ W-"l be subrr:.tted to ane approvee by ~he Cl~Y Attorney ~nless the City Attorney provldes a wrltten explanat~oL ~c the affected employee as to why the Clty Attor~ey dlsagrees wlth the Div:.sion Head's evaluatlon. Those e~ployees who are covered hereln, but who are not T'1embers of anv d:,vlslon lTI the Clty Attorney's Off~ce, wl:l be evaluated by the Cl ty A::corney A22. employees wlll be :~p ven reasonable opporturr~ty to d~scuss sald evaluat~ons wlth the evalua~or The evaluatio~s wl:l be perfor~ec o~ the :ollowlng baS1S: (a) Once at -che conc~uslon of the first three (3) months of e~p:o~ent (b} Once at the concluslon of the flrst SlX (6) months of employment. (c} Once at the concluslon of the flrst year of employment (d) Once every year thereafter, evaluatl.ons to be due three employee's annlversary date with sal.d performance (3} weeks prl.or to the wlth the Clty (e) Whenever arc. employee I s performance substantlally decllnes. If the Clty Attorney, or the Dl.Vl.S10n Head, ::aJ.ls to conduct a performance evaluatl.on on or before J.ts due dater the employee shall adv1se the Clty Attorney ln wrl tlng that the evaluat10n 18 past due. The Cl ty Attorney, or the D:'V1S1on Headr shall complete the evaluatlon wlthln ten (10) days of said wrltten notlce and any merlt lncrease tled to the evaluatlon shall be retroactlve to the pay perlod ln whlch the evaluatlon was orlginally due. An employee covered here~n who bell.eves that the prescribed evaluatlon procedures have not been followed or that the evaluatlon does not correspond to the facts should make a wr~tten complalnt to hl.s/her supervlsor wlthln te~ (10) days of rece1vlng the performance 34 5 04 evaluat~on. 1= nc sa::.~sfac~ory ~esponse .:.s ~ece:.vec. wltr.l.n flve (5) days of f:.~.:.ng the co~pla.:.nt( tr.e employee should lm~edlately :::orward the co~plal~t to the Clty Attorney. If no sat~s:::acto~y response lS recelvec withlD flve (5) days, the employee shall have the Ylgnt to submlt a wrltten rebuttal to the per::orma~ce evaluatlon and ::0 have sald rebuttal attached to a::d become part 0:: the employee's permanent per:::ornance evaluatl.on Work SchedT.lles In those cases where a permanent employee des:.res to modlfy hls/her work schedu~e to accommodate speclf~c work schedule needs of the employee (e. g , dependent care arrangements) that de not fall wlthln the normal work schedule establ:.shed for the employee's posltlon, the employee shall subml.t a request for a work schedule modlflcatl.On to hls/her Departwent Head. As long as the operatlonal needs of the Department and the Clty wll: stlll be met, upon approval of the Departme~t Head, the employee's request shall be approved If l.t should be la::er deterrnlned that the operatlonal needs of the Department and the Clty can no longer be wet wlth the employee's mOdlfl.ed work schedule / the employee shall recelve at least th~rty (30) days' notlce chat h:.s/her mOQlfled work schedule can no longer be contl.nued In the event that the employee cannot change hls/her outslde schedullng need to fit withln the regular work schedule es::ablished for hls/her pOSl.tlon, the Clty wlll make every reasonable effort to place sald employee In another ll~e posl.tl.on where the employee's speclflc schedullng needs can be accommodated. While nothl.ng ~~ thlS Sectlon requlres that the employee's modlfled work schedule be granted or that t~e employee be transferred to a 11.ke posltlon to meet the employee'S outslde schedullng needs, requests shall not be unreasonably denled. If an employee's request for a modlfled work schedule l.S deYlled and l.f the employee does not agree Wl.th the declsion that has been reached, the employee can grleve such deC1Sl.On under Sectlon 6 03 (Grlevance and Complalnt Procedure) of thlS Agreement Fallure to successfully transfer an employee under thlS Sectlon wlII not be grlevable 35 5 05 EmDlovme~~ S~Da~a~~CTIS A. Reduct~ons In Force PALSSU, and each affected member of PALSSU, shall be prov~ded th~rcy (30) days' actua:, wY~~te~ notlce of any reducclon In ::oyce \1. e., layo::f resul~lng from a reductlo~ of the nuw.ber 0: budge~ed permanen~ pos~~lons represented by PALSSU In the Cl.cy's Adopted Budget) by the abo:l~lon of any poslclon(s) held by non-tempoyary employee(sl No employee shall be terminated pursuant to thlS provlslon prlOY co the eXplratlon of the notlce perlod 36 ARTICLE V:. EMF~OY3R!E~P~OYEE RE~ATIONS 6 01. Payroll Deduct~ons It 1S mutually understood and agreed that ~he C~~y wlll, subJect to the provlslons of Ordinahce No 801 (CCS\ and durlng the ~eYrr 0: thl.s MOU, deduct monthly and re~l~ to the offlce or offlcer deslgnated l.h the eT.ployee payroll deduct 1. or. author~za~lon any dues, credlt UClon lnvestments or payments, health and hospltal~zatlon lnsurance premlums, and llfe and accl.dent lnsurance premlums. Any or all of such payroll deduc~icns are subJect to termlnat~on by the Clty Manager upon twenty- four (24) hours notlce for fallure to comply wlth the provlslons of thlS MOU 6 02 Reasonable Notlce It lS mutually understood and agreed that a copy (v1a the Dnlted States Postal Service) of the Clty Councl.l and/or Personnel Board agenda for each meetlng malled to the authorized representatlve of the employees covered hereln shall constltute reasonable wrltten notlce, and not~ce of an opportunlty to meet Wlt~ such agencles, on a:l matters wlthln the scope of representatlon upon WhlCh the Clty Counc1l or Personnel Board may act 6.03 Grlevance and Complal.nt PQll~Y In the event any grlevances, dlsputes, or dlsagreements arise concernlng the lnterpretatlon or appllcatlo~ of the terms of thl.s MOU, such grl.evances, dlsputes or dlsagreements -- wlth the exceptlon of those complal.nts covered l.n Sectlon 5.03 (Performance Evaluatl.ons) shall be resolved as follows: A. Flrst Sten. The aggrleved employee(s} 1S encouraged to meet wlth the l.mmedl.ate supervlsor to dl.sCUSS the problem lD an effort to clarlfy the problem and to work cooperatl.vely toward a settlement. 37 6.04. B. Second SteD. If ~he matter car.no~ be satl.sfactor~ly resolved wlthl~ t~~rty (30) days of the event glVl.ng rlse to ~he g~levance [or wlth~"- thl~ty (30) days 0: the ~lP1e tha:. the e.-r,ployee learDed of the event] / the e~ployee shall subml~ the grlevance lD Wy~ ~lDg to the Cl ty A:. tc:::-ney , s:.atlng the nature of the g~levance, :.he speclf~c MOD prOVl.Sl0n alleged to De vlolated, a::ld the deslred Solutlon '!'he elty Attorney shall TI'eet Wltr: the grlevant w:.:.h:.n flve (5) workl.ng days followlng the presentatlon of the grlevance. Withl.n five (S) working days followlng such meetlng, the Cl~y Attorney shall glve a wr:.tten declslon to the grlevant. C. Thl.ra Step. If the grl.evance 1S not resolved at the second step, wlthln flve (S) work1ng days, the partl.es shall conslder submlttlng sal.d gr1evance to medlatlon as provlded by Ordl.nance No. 801 (CCS). If either party cannot agree to medlatlon, wlthlTI flve (5) worklng days the par~l.es shall then select a grlevance board made up of one (1) representatlve of PALSSU, one (1) representatl.ve from management, and a t.h~rd who shall be a membe::::- of -::he State Concl11at.lon SerVlce who shall also act as chalrperson The declslon of the board shall be blndlng subJect. to the approval of the Clty Coune:.l. Employees shall have the rlgh::. tc represent themselves lndlv1dually In grlevance matters, or to be accompanled by a PALSSU representatlve Reasonable tlme off wlthout loss of payor beneflts shall be glven to a grlevant and/or PALSSU representatlve to lnvestlgate and/o~ process grlevances, and to wltnesses ln any grlevance meetlng or hearlng held durlng workl.ng hours Tlme Off for Neaotlatlons IndlVlduals covered hereln shall be afforded reasonable tlme off wlth pay to prepare for and conduct negotlatlons The authorized representatlve must recelve 38 6.05 prl.oy permlSS10n from the C~~y A~~orney to use suc~ tl~e_ Notwlthsta:ldlng the L..mlta:'lons l:: Ordlna:1Ce No. 801 (CCS), PALSSU shall be allowed :.wc (2~ repYeSenta~lves a:. the negotlatl.ng table ln a pald status, provlded tha:. sald representatlves shall not be entl~led to pay If the negotl.atlng seSSlons fall outslde of ~helY norma~ worklug schedule. Successors Any person hlred to a permanent posltion p" the Clty Attorney's Offlce slmllar to those covered herel.n shall become a party to thlS MOU. 39 IN WITNESS WHEREOF, the partles hereto have caused thlS Memorandurr- of Understanding to be executed this date: r"'-I L / 1997. By Publlc Attorneys' Legal Support Staff Union Clty of Santa Monlca ---_:- .-/ - ~&-~~.A'-t--(~-C'~ 'Teresa Bra~leld PALSSU Representatlve u#LL ~---6ohn Jalili City Manager ..., _-'1 ----771 /" I .e' I '1 /IH~F-' .'Y/__.4..,t-/ Ma;y -D~OU PALSSU Representatlve ~.~- Eu~nie ~enez . 0 PALSSU Representatlve APPROVED AS TO FORM: ATTEST: fllJ-l-~tVL-(iV' }'v'4~ -'-lilt c / , Marsha Jones Moutrle J City Attorney t~-I~.J \ Clty Clerk "pa:;;::;u'"l 19'16-' 40 Adopted and approved thIS 11th of February, 1997 I. r--Dt'11/f ()~ -- - { Mavor I hereby certify that the foregomg ResolutlOn9122 (CCS) \-vas duly adopted at a meetmg of the Cny CouncIl held on the 11th of February. 1997 by the followmg vote Ayes Councdmembers Femstem. GenseL Holbrook, Rosenstem ~oes Councdmembers Kone Abstam Councllmembers O' Connor Absent Councllmembers Ebner. Greenberg ATTEST ~-~v.c~~ .;