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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
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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~~
.;